As Reported by the House Local Government and Townships Committee* 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 368 5
1997-1998 6
REPRESENTATIVES MOTTLEY-CORBIN-OLMAN-GARCIA-OPFER- 8
TERWILLEGER-O'BRIEN 9
11
A B I L L
To amend section 5705.19 of the Revised Code to 13
specify that property taxes levied for the 14
purpose of collecting and disposing of garbage or 15
refuse may be used for collecting and disposing 16
of yard waste. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 5705.19 of the Revised Code be 21
amended to read as follows: 22
Sec. 5705.19. This section does not apply to school 31
districts or county school financing districts. 32
The taxing authority of any subdivision at any time and in 34
any year, by vote of two-thirds of all the members of the taxing 35
authority, may declare by resolution and certify the resolution 36
to the board of elections not less than seventy-five days before 37
the election upon which it will be voted that the amount of taxes 38
that may be raised within the ten-mill limitation will be 39
insufficient to provide for the necessary requirements of the 40
subdivision and that it is necessary to levy a tax in excess of 41
that limitation for any of the following purposes: 42
(A) For current expenses of the subdivision, except that 44
the total levy for current expenses of a detention home district 45
or district organized under section 2151.65 of the Revised Code 46
shall not exceed two mills and that the total levy for current 47
expenses of a combined district organized under sections 2151.34 48
and 2151.65 of the Revised Code shall not exceed four mills; 49
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(B) For the payment of debt charges on certain described 51
bonds, notes, or certificates of indebtedness of the subdivision 52
issued subsequent to January 1, 1925; 53
(C) For the debt charges on all bonds, notes, and 55
certificates of indebtedness issued and authorized to be issued 56
prior to January 1, 1925; 57
(D) For a public library of, or supported by, the 59
subdivision under whatever law organized or authorized to be 60
supported; 61
(E) For a municipal university, not to exceed two mills 63
over the limitation of one mill prescribed in section 3349.13 of 64
the Revised Code; 65
(F) For the construction or acquisition of any specific 67
permanent improvement or class of improvements that the taxing 68
authority of the subdivision may include in a single bond issue; 69
(G) For the general construction, reconstruction, 71
resurfacing, and repair of streets, roads, and bridges in 72
municipal corporations, counties, or townships; 73
(H) For recreational purposes; 75
(I) For the purpose of providing and maintaining fire 77
apparatus, appliances, buildings, or sites therefor, or sources 78
of water supply and materials therefor, or the establishment and 79
maintenance of lines of fire alarm telegraph, or the payment of 80
permanent, part-time, or volunteer firefighters or fire-fighting 82
companies to operate the same, including the payment of the 83
firefighters employer's contribution required under section 84
742.34 of the Revised Code, or to purchase ambulance equipment, 86
or to provide ambulance, paramedic, or other emergency medical 87
services operated by a fire department or fire-fighting company; 88
(J) For the purpose of providing and maintaining motor 90
vehicles, communications, and other equipment used directly in 91
the operation of a police department, or the payment of salaries 92
of permanent police personnel, including the payment of the 93
police employer's contribution required under section 742.33 of 96
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the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political 97
subdivisions in order to obtain police protection, or to provide 98
ambulance or emergency medical services operated by a police 99
department; 100
(K) For the maintenance and operation of a county home; 102
(L) For community mental retardation and developmental 104
disabilities programs and services pursuant to Chapter 5126. of 105
the Revised Code, except that the procedure for such levies shall 106
be as provided in section 5705.222 of the Revised Code; 107
(M) For regional planning; 109
(N) For a county's share of the cost of maintaining and 111
operating schools, district detention homes, forestry camps, or 112
other facilities, or any combination thereof established under 113
section 2151.34 or 2151.65 of the Revised Code or both of those 114
sections; 115
(O) For providing for flood defense, providing and 117
maintaining a flood wall or pumps, and other purposes to prevent 118
floods; 119
(P) For maintaining and operating sewage disposal plants 121
and facilities; 122
(Q) For the purpose of purchasing, acquiring, 124
constructing, enlarging, improving, equipping, repairing, 125
maintaining, or operating, or any combination of the foregoing, a 126
county transit system pursuant to sections 306.01 to 306.13 of 127
the Revised Code, or to make any payment to a board of county 128
commissioners operating a transit system or a county transit 129
board pursuant to section 306.06 of the Revised Code; 130
(R) For the subdivision's share of the cost of acquiring 132
or constructing any schools, forestry camps, detention homes, or 133
other facilities, or any combination thereof under section 134
2151.34 or 2151.65 of the Revised Code or both of those sections; 135
(S) For the prevention, control, and abatement of air 137
pollution; 138
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(T) For maintaining and operating cemeteries; 140
(U) For providing ambulance service, emergency medical 142
service, or both; 143
(V) For providing for the collection and disposal of 145
garbage or refuse, INCLUDING YARD WASTE; 146
(W) For the payment of the police employer's contribution 149
or the firefighters employer's contribution required under 151
sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage 153
improvement pursuant to section 6131.52 of the Revised Code; 154
(Y) For providing or maintaining senior citizens services 156
or facilities as authorized by section 307.694, 307.85, 505.70, 157
505.706, or division (EE) of section 717.01 of the Revised Code; 158
(Z) For the provision and maintenance of zoological park 160
services and facilities as authorized under section 307.76 of the 161
Revised Code; 162
(AA) For the maintenance and operation of a free public 164
museum of art, science, or history; 165
(BB) For the establishment and operation of a 9-1-1 167
system, as defined in section 4931.40 of the Revised Code; 168
(CC) For the purpose of acquiring, rehabilitating, or 170
developing rail property or rail service. As used in this 171
division, "rail property" and "rail service" have the same 172
meanings as in section 4981.01 of the Revised Code. This 173
division applies only to a county, township, or municipal 174
corporation. 175
(DD) For the purpose of acquiring property for, 177
constructing, operating, and maintaining community centers as 178
provided for in section 755.16 of the Revised Code; 179
(EE) For the creation and operation of an office or joint 181
office of economic development, for any economic development 182
purpose of the office, and to otherwise provide for the 183
establishment and operation of a program of economic development 184
pursuant to sections 307.07 and 307.64 of the Revised Code; 185
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(FF) For the purpose of acquiring, establishing, 187
constructing, improving, equipping, maintaining, or operating, or 188
any combination of the foregoing, a township airport, landing 189
field, or other air navigation facility pursuant to section 190
505.15 of the Revised Code; 191
(GG) For the payment of costs incurred by a township as a 193
result of a contract made with a county pursuant to section 194
505.263 of the Revised Code in order to pay all or any part of 195
the cost of constructing, maintaining, repairing, or operating a 196
water supply improvement; 197
(HH) For a board of township trustees to acquire, other 199
than by appropriation, an ownership interest in land, water, or 200
wetlands, or to restore or maintain land, water, or wetlands in 201
which the board has such an interest, not for purposes of 202
recreation, but for the purposes of protecting and preserving the 203
natural, scenic, open, or wooded condition of the land, water, or 204
wetlands against modification or encroachment resulting from 205
occupation, development, or other use; 206
(II) For the support by a county of a crime victim 208
assistance program that is provided and maintained by a county 209
agency or a private, nonprofit corporation or association under 210
section 307.62 of the Revised Code; 211
(JJ) For any or all of the purposes set forth in division 213
(I) or (J) of this section. This division applies only to a 214
township. 215
(KK) For a countywide public safety communications system 217
under section 307.63 of the Revised Code. This division applies 218
only to counties. 219
(LL) For the support by a county of criminal justice 221
services under section 307.45 of the Revised Code; 222
(MM) For the purpose of maintaining and operating a jail 224
or other detention facility as defined in section 2921.01 of the 225
Revised Code; 226
(NN) For purchasing, maintaining, or improving, or any 228
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combination of the foregoing, real estate on which to hold 229
agricultural fairs. This division applies only to a county. 230
The resolution shall be confined to the purpose or purposes 232
described in one division of this section, for which the revenue 233
derived therefrom shall be applied. The existence in any other 234
division of this section of authority to levy a tax for any part 235
or all of the same purpose or purposes does not preclude the use 236
of such revenues for any part of the purpose or purposes of the 237
division under which the resolution is adopted. 238
The resolution shall specify the amount of the increase in 240
rate that it is necessary to levy, the purpose thereof, and the 241
number of years during which the increase in rate shall be in 242
effect, which may or may not include a levy upon the duplicate of 243
the current year. The number of years may be any number not 244
exceeding five, except as follows: 245
(1) When the additional rate is for the payment of debt 247
charges, the increased rate shall be for the life of the 248
indebtedness. 249
(2) When the additional rate is any of the following, the 251
increased rate shall be for a continuing period of time: 252
(a) For the current expenses for a detention home 254
district, a district organized under section 2151.65 of the 255
Revised Code, or a combined district organized under sections 256
2151.34 and 2151.65 of the Revised Code; 257
(b) For providing a county's share of the cost of 259
maintaining and operating schools, district detention homes, 260
forestry camps, or other facilities, or any combination thereof, 261
established under section 2151.34 or 2151.65 of the Revised Code 262
or under both of those sections. 263
(3) When the additional rate is for any of the following, 265
the increased rate may be for a continuing period of time: 266
(a) For the purposes set forth in division (I), (J), (U), 268
or (KK) of this section; 269
(b) For the maintenance and operation of a joint 271
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recreation district; 272
(c) A levy imposed by a township for the purposes set 274
forth in division (G) of this section. 275
(4) When the increase is for the purpose set forth in 277
division (D) or (CC) of this section, the tax levy may be for any 278
specified number of years or for a continuing period of time, as 279
set forth in the resolution. 280
(5) When the additional rate is for the purpose described 282
in division (Z) of this section, the increased rate shall be for 283
any number of years not exceeding ten. 284
A levy for the purposes set forth in division (I), (J), or 286
(U) of this section, and a levy imposed by a township for the 287
purposes set forth in division (G) of this section, may be 288
reduced pursuant to section 5705.261 or 5705.31 of the Revised 289
Code. A levy for the purposes set forth in division (I), (J), or 290
(U) of this section, and a levy imposed by a township for the 291
purposes set forth in division (G) of this section, may also be 292
terminated or permanently reduced by the taxing authority if it 293
adopts a resolution stating that the continuance of the levy is 294
unnecessary and the levy shall be terminated or that the millage 295
is excessive and the levy shall be decreased by a designated 296
amount. 297
A resolution of a detention home district, a district 299
organized under section 2151.65 of the Revised Code, or a 300
combined district organized under both sections 2151.34 and 301
2151.65 of the Revised Code may include both current expenses and 302
other purposes, provided that the resolution shall apportion the 303
annual rate of levy between the current expenses and other 304
purpose or purposes. The apportionment need not be the same for 305
each year of the levy, but the respective portions of the rate 306
actually levied each year for the current expenses and the other 307
purpose or purposes shall be limited by the apportionment. 308
Whenever a board of county commissioners, acting either as 310
the taxing authority of its county or as the taxing authority of 311
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a sewer district or subdistrict created under Chapter 6117. of 312
the Revised Code, by resolution declares it necessary to levy a 313
tax in excess of the ten-mill limitation for the purpose of 314
constructing, improving, or extending sewage disposal plants or 315
sewage systems, the tax may be in effect for any number of years 316
not exceeding twenty, and the proceeds thereof, notwithstanding 317
the general provisions of this section, may be used to pay debt 318
charges on any obligations issued and outstanding on behalf of 319
the subdivision for the purposes enumerated in this paragraph, 320
provided that any such obligations have been specifically 321
described in the resolution. 322
The resolution shall go into immediate effect upon its 324
passage, and no publication of the resolution is necessary other 325
than that provided for in the notice of election. 326
When the electors of a subdivision have approved a tax levy 328
under this section, the taxing authority of the subdivision may 329
anticipate a fraction of the proceeds of the levy and issue 330
anticipation notes in accordance with section 5705.191 or 331
5705.193 of the Revised Code. 332
Section 2. That existing section 5705.19 of the Revised 334
Code is hereby repealed. 335
Section 3. In adopting this act, the General Assembly 337
intends, to the extent permitted by the Ohio Constitution, to 338
expand the permitted use of the proceeds of a levy adopted under 339
division (V) of section 5705.19 of the Revised Code for all 340
levies under that division in effect on or after the effective 341
date of this act without the need for further action by the
electors of the subdivision with such a levy in effect. The 342
procedure in this section may be used by a taxing district that 343
is concerned that prior elector approval may be required by the 344
Ohio Constitution to make this change with regard to an existing 345
levy.
The taxing authority of any subdivision that, on the 348
effective date of this section, levies a tax for the purpose of 349
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providing for the collection and disposal of garbage or refuse 350
under division (V) of section 5705.19 of the Revised Code as it 351
existed immediately prior to that effective date may submit a 352
question to the electors of the subdivision proposing to include 353
the collection and disposal of yard waste among the purposes for 354
which that tax may be applied, as authorized by section 5705.19 355
of the Revised Code as amended by this act. The taxing authority 356
shall adopt a resolution proposing the question, and shall 357
certify a copy of the resolution to the proper board of elections 358
not less than seventy-five days prior to the day of the primary, 359
special, or general election at which the question is to appear 360
on the ballot. The board of elections shall make the necessary 361
arrangements for the submission of the question to the electors 362
of the subdivision, and the election shall be conducted, 363
canvassed, and certified in the manner otherwise prescribed by 364
section 5705.25 of the Revised Code, including publication of the 365
notice of the election, except that the notice shall indicate the 366
purpose of the election and shall state the time and place of the 367
election.
The form of the ballot cast at an election held pursuant to 369
this section shall be as follows: 370
"Shall revenue from the tax currently being levied by 372
.......... (insert the name of the subdivision) for the purpose 373
of collecting and disposing of garbage or refuse be used also for 375
the collection and disposal of yard waste?
Approval of this question will not increase the rate at 377
which the tax currently is levied. 378
380
For the proposal 381
382
Against the proposal 383
" 384
The question shall be submitted as a separate proposition 387
but may be printed on the same ballot with any other proposition 388
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submitted at the same election, other than the election of 389
officers. 390