As Passed by the House* 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 368 5
1997-1998 6
REPRESENTATIVES MOTTLEY-CORBIN-OLMAN-GARCIA-OPFER-TERWILLEGER- 8
O'BRIEN-COLONNA-REID-THOMPSON-PADGETT-LEWIS- 9
BRADING-BUCHY-MEAD 10
12
A B I L L
To amend section 5705.19 of the Revised Code to 14
specify that property taxes levied for the 15
purpose of collecting and disposing of garbage or 16
refuse may be used for collecting and disposing 17
of yard waste. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 5705.19 of the Revised Code be 22
amended to read as follows: 23
Sec. 5705.19. This section does not apply to school 32
districts or county school financing districts. 33
The taxing authority of any subdivision at any time and in 35
any year, by vote of two-thirds of all the members of the taxing 36
authority, may declare by resolution and certify the resolution 37
to the board of elections not less than seventy-five days before 38
the election upon which it will be voted that the amount of taxes 39
that may be raised within the ten-mill limitation will be 40
insufficient to provide for the necessary requirements of the 41
subdivision and that it is necessary to levy a tax in excess of 42
that limitation for any of the following purposes: 43
(A) For current expenses of the subdivision, except that 45
the total levy for current expenses of a detention home district 46
or district organized under section 2151.65 of the Revised Code 47
shall not exceed two mills and that the total levy for current 48
expenses of a combined district organized under sections 2151.34 49
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and 2151.65 of the Revised Code shall not exceed four mills; 50
(B) For the payment of debt charges on certain described 52
bonds, notes, or certificates of indebtedness of the subdivision 53
issued subsequent to January 1, 1925; 54
(C) For the debt charges on all bonds, notes, and 56
certificates of indebtedness issued and authorized to be issued 57
prior to January 1, 1925; 58
(D) For a public library of, or supported by, the 60
subdivision under whatever law organized or authorized to be 61
supported; 62
(E) For a municipal university, not to exceed two mills 64
over the limitation of one mill prescribed in section 3349.13 of 65
the Revised Code; 66
(F) For the construction or acquisition of any specific 68
permanent improvement or class of improvements that the taxing 69
authority of the subdivision may include in a single bond issue; 70
(G) For the general construction, reconstruction, 72
resurfacing, and repair of streets, roads, and bridges in 73
municipal corporations, counties, or townships; 74
(H) For recreational purposes; 76
(I) For the purpose of providing and maintaining fire 78
apparatus, appliances, buildings, or sites therefor, or sources 79
of water supply and materials therefor, or the establishment and 80
maintenance of lines of fire alarm telegraph, or the payment of 81
permanent, part-time, or volunteer firefighters or fire-fighting 83
companies to operate the same, including the payment of the 84
firefighters employer's contribution required under section 85
742.34 of the Revised Code, or to purchase ambulance equipment, 87
or to provide ambulance, paramedic, or other emergency medical 88
services operated by a fire department or fire-fighting company; 89
(J) For the purpose of providing and maintaining motor 91
vehicles, communications, and other equipment used directly in 92
the operation of a police department, or the payment of salaries 93
of permanent police personnel, including the payment of the 94
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police employer's contribution required under section 742.33 of 97
the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political 98
subdivisions in order to obtain police protection, or to provide 99
ambulance or emergency medical services operated by a police 100
department; 101
(K) For the maintenance and operation of a county home; 103
(L) For community mental retardation and developmental 105
disabilities programs and services pursuant to Chapter 5126. of 106
the Revised Code, except that the procedure for such levies shall 107
be as provided in section 5705.222 of the Revised Code; 108
(M) For regional planning; 110
(N) For a county's share of the cost of maintaining and 112
operating schools, district detention homes, forestry camps, or 113
other facilities, or any combination thereof established under 114
section 2151.34 or 2151.65 of the Revised Code or both of those 115
sections; 116
(O) For providing for flood defense, providing and 118
maintaining a flood wall or pumps, and other purposes to prevent 119
floods; 120
(P) For maintaining and operating sewage disposal plants 122
and facilities; 123
(Q) For the purpose of purchasing, acquiring, 125
constructing, enlarging, improving, equipping, repairing, 126
maintaining, or operating, or any combination of the foregoing, a 127
county transit system pursuant to sections 306.01 to 306.13 of 128
the Revised Code, or to make any payment to a board of county 129
commissioners operating a transit system or a county transit 130
board pursuant to section 306.06 of the Revised Code; 131
(R) For the subdivision's share of the cost of acquiring 133
or constructing any schools, forestry camps, detention homes, or 134
other facilities, or any combination thereof under section 135
2151.34 or 2151.65 of the Revised Code or both of those sections; 136
(S) For the prevention, control, and abatement of air 138
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pollution; 139
(T) For maintaining and operating cemeteries; 141
(U) For providing ambulance service, emergency medical 143
service, or both; 144
(V) For providing for the collection and disposal of 146
garbage or refuse, INCLUDING YARD WASTE; 147
(W) For the payment of the police employer's contribution 150
or the firefighters employer's contribution required under 152
sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage 154
improvement pursuant to section 6131.52 of the Revised Code; 155
(Y) For providing or maintaining senior citizens services 157
or facilities as authorized by section 307.694, 307.85, 505.70, 158
505.706, or division (EE) of section 717.01 of the Revised Code; 159
(Z) For the provision and maintenance of zoological park 161
services and facilities as authorized under section 307.76 of the 162
Revised Code; 163
(AA) For the maintenance and operation of a free public 165
museum of art, science, or history; 166
(BB) For the establishment and operation of a 9-1-1 168
system, as defined in section 4931.40 of the Revised Code; 169
(CC) For the purpose of acquiring, rehabilitating, or 171
developing rail property or rail service. As used in this 172
division, "rail property" and "rail service" have the same 173
meanings as in section 4981.01 of the Revised Code. This 174
division applies only to a county, township, or municipal 175
corporation. 176
(DD) For the purpose of acquiring property for, 178
constructing, operating, and maintaining community centers as 179
provided for in section 755.16 of the Revised Code; 180
(EE) For the creation and operation of an office or joint 182
office of economic development, for any economic development 183
purpose of the office, and to otherwise provide for the 184
establishment and operation of a program of economic development 185
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pursuant to sections 307.07 and 307.64 of the Revised Code; 186
(FF) For the purpose of acquiring, establishing, 188
constructing, improving, equipping, maintaining, or operating, or 189
any combination of the foregoing, a township airport, landing 190
field, or other air navigation facility pursuant to section 191
505.15 of the Revised Code; 192
(GG) For the payment of costs incurred by a township as a 194
result of a contract made with a county pursuant to section 195
505.263 of the Revised Code in order to pay all or any part of 196
the cost of constructing, maintaining, repairing, or operating a 197
water supply improvement; 198
(HH) For a board of township trustees to acquire, other 200
than by appropriation, an ownership interest in land, water, or 201
wetlands, or to restore or maintain land, water, or wetlands in 202
which the board has such an interest, not for purposes of 203
recreation, but for the purposes of protecting and preserving the 204
natural, scenic, open, or wooded condition of the land, water, or 205
wetlands against modification or encroachment resulting from 206
occupation, development, or other use; 207
(II) For the support by a county of a crime victim 209
assistance program that is provided and maintained by a county 210
agency or a private, nonprofit corporation or association under 211
section 307.62 of the Revised Code; 212
(JJ) For any or all of the purposes set forth in division 214
(I) or (J) of this section. This division applies only to a 215
township. 216
(KK) For a countywide public safety communications system 218
under section 307.63 of the Revised Code. This division applies 219
only to counties. 220
(LL) For the support by a county of criminal justice 222
services under section 307.45 of the Revised Code; 223
(MM) For the purpose of maintaining and operating a jail 225
or other detention facility as defined in section 2921.01 of the 226
Revised Code; 227
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(NN) For purchasing, maintaining, or improving, or any 229
combination of the foregoing, real estate on which to hold 230
agricultural fairs. This division applies only to a county. 231
The resolution shall be confined to the purpose or purposes 233
described in one division of this section, for which the revenue 234
derived therefrom shall be applied. The existence in any other 235
division of this section of authority to levy a tax for any part 236
or all of the same purpose or purposes does not preclude the use 237
of such revenues for any part of the purpose or purposes of the 238
division under which the resolution is adopted. 239
The resolution shall specify the amount of the increase in 241
rate that it is necessary to levy, the purpose thereof, and the 242
number of years during which the increase in rate shall be in 243
effect, which may or may not include a levy upon the duplicate of 244
the current year. The number of years may be any number not 245
exceeding five, except as follows: 246
(1) When the additional rate is for the payment of debt 248
charges, the increased rate shall be for the life of the 249
indebtedness. 250
(2) When the additional rate is any of the following, the 252
increased rate shall be for a continuing period of time: 253
(a) For the current expenses for a detention home 255
district, a district organized under section 2151.65 of the 256
Revised Code, or a combined district organized under sections 257
2151.34 and 2151.65 of the Revised Code; 258
(b) For providing a county's share of the cost of 260
maintaining and operating schools, district detention homes, 261
forestry camps, or other facilities, or any combination thereof, 262
established under section 2151.34 or 2151.65 of the Revised Code 263
or under both of those sections. 264
(3) When the additional rate is for any of the following, 266
the increased rate may be for a continuing period of time: 267
(a) For the purposes set forth in division (I), (J), (U), 269
or (KK) of this section; 270
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(b) For the maintenance and operation of a joint 272
recreation district; 273
(c) A levy imposed by a township for the purposes set 275
forth in division (G) of this section. 276
(4) When the increase is for the purpose set forth in 278
division (D) or (CC) of this section, the tax levy may be for any 279
specified number of years or for a continuing period of time, as 280
set forth in the resolution. 281
(5) When the additional rate is for the purpose described 283
in division (Z) of this section, the increased rate shall be for 284
any number of years not exceeding ten. 285
A levy for the purposes set forth in division (I), (J), or 287
(U) of this section, and a levy imposed by a township for the 288
purposes set forth in division (G) of this section, may be 289
reduced pursuant to section 5705.261 or 5705.31 of the Revised 290
Code. A levy for the purposes set forth in division (I), (J), or 291
(U) of this section, and a levy imposed by a township for the 292
purposes set forth in division (G) of this section, may also be 293
terminated or permanently reduced by the taxing authority if it 294
adopts a resolution stating that the continuance of the levy is 295
unnecessary and the levy shall be terminated or that the millage 296
is excessive and the levy shall be decreased by a designated 297
amount. 298
A resolution of a detention home district, a district 300
organized under section 2151.65 of the Revised Code, or a 301
combined district organized under both sections 2151.34 and 302
2151.65 of the Revised Code may include both current expenses and 303
other purposes, provided that the resolution shall apportion the 304
annual rate of levy between the current expenses and other 305
purpose or purposes. The apportionment need not be the same for 306
each year of the levy, but the respective portions of the rate 307
actually levied each year for the current expenses and the other 308
purpose or purposes shall be limited by the apportionment. 309
Whenever a board of county commissioners, acting either as 311
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the taxing authority of its county or as the taxing authority of 312
a sewer district or subdistrict created under Chapter 6117. of 313
the Revised Code, by resolution declares it necessary to levy a 314
tax in excess of the ten-mill limitation for the purpose of 315
constructing, improving, or extending sewage disposal plants or 316
sewage systems, the tax may be in effect for any number of years 317
not exceeding twenty, and the proceeds thereof, notwithstanding 318
the general provisions of this section, may be used to pay debt 319
charges on any obligations issued and outstanding on behalf of 320
the subdivision for the purposes enumerated in this paragraph, 321
provided that any such obligations have been specifically 322
described in the resolution. 323
The resolution shall go into immediate effect upon its 325
passage, and no publication of the resolution is necessary other 326
than that provided for in the notice of election. 327
When the electors of a subdivision have approved a tax levy 329
under this section, the taxing authority of the subdivision may 330
anticipate a fraction of the proceeds of the levy and issue 331
anticipation notes in accordance with section 5705.191 or 332
5705.193 of the Revised Code. 333
Section 2. That existing section 5705.19 of the Revised 335
Code is hereby repealed. 336
Section 3. In adopting this act, the General Assembly 338
intends, to the extent permitted by the Ohio Constitution, to 339
expand the permitted use of the proceeds of a levy adopted under 340
division (V) of section 5705.19 of the Revised Code for all 341
levies under that division in effect on or after the effective 342
date of this act without the need for further action by the
electors of the subdivision with such a levy in effect. The 343
procedure in this section may be used by a taxing district that 344
is concerned that prior elector approval may be required by the 345
Ohio Constitution to make this change with regard to an existing 346
levy.
The taxing authority of any subdivision that, on the 349
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effective date of this section, levies a tax for the purpose of 350
providing for the collection and disposal of garbage or refuse 351
under division (V) of section 5705.19 of the Revised Code as it 352
existed immediately prior to that effective date may submit a 353
question to the electors of the subdivision proposing to include 354
the collection and disposal of yard waste among the purposes for 355
which that tax may be applied, as authorized by section 5705.19 356
of the Revised Code as amended by this act. The taxing authority 357
shall adopt a resolution proposing the question, and shall 358
certify a copy of the resolution to the proper board of elections 359
not less than seventy-five days prior to the day of the primary, 360
special, or general election at which the question is to appear 361
on the ballot. The board of elections shall make the necessary 362
arrangements for the submission of the question to the electors 363
of the subdivision, and the election shall be conducted, 364
canvassed, and certified in the manner otherwise prescribed by 365
section 5705.25 of the Revised Code, including publication of the 366
notice of the election, except that the notice shall indicate the 367
purpose of the election and shall state the time and place of the 368
election.
The form of the ballot cast at an election held pursuant to 370
this section shall be as follows: 371
"Shall revenue from the tax currently being levied by 373
.......... (insert the name of the subdivision) for the purpose 374
of collecting and disposing of garbage or refuse be used also for 376
the collection and disposal of yard waste?
Approval of this question will not increase the rate at 378
which the tax currently is levied. 379
381
For the proposal 382
383
Against the proposal 384
" 385
The question shall be submitted as a separate proposition 388
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but may be printed on the same ballot with any other proposition 389
submitted at the same election, other than the election of 390
officers. 391