As Reported by the Senate Ways and Means Committee* 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-SENATOR GARDNER 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 2 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 3 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 4 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 5 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 6 (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 7 (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 8 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 9 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 10 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