As Reported by the House Local Government and Townships Committee  1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 581   5            

      1997-1998                                                    6            


 REPRESENTATIVES BATCHELDER-NETZLEY-BRADING-BUCHY-CAREY-GARCIA-    8            

                 HODGES-MOTTLEY-REID-TERWILLEGER                   9            


                                                                   11           

                           A   B I L L                                          

             To amend section 133.07 and to enact section 3707.55  12           

                of the Revised Code to allow the board of health   14           

                of a general health district to  acquire real      15           

                property, to remove any existing duty of the       16           

                county to furnish suitable quarters to the health  17           

                district if the district acquires  real property,  18           

                to allow the county to issue securities under      19           

                limited circumstances for the acquisition of real  20           

                property by the health district, and to exclude    21           

                such securities from the  computation of the       22           

                county's debt limit.                               23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That section 133.07 be amended and section       27           

3707.55 of the Revised Code be enacted to read as follows:         29           

      Sec. 133.07.  (A)  A county shall not incur, without a vote  39           

of the electors, either of the following:                          40           

      (1)  Net indebtedness for all purposes that exceeds an       42           

amount equal to one per cent of its tax valuation;                 43           

      (2)  Net indebtedness for the purpose of paying the          45           

county's share of the cost of the construction, improvement,       46           

maintenance, or repair of state highways that exceeds an amount    47           

equal to one-half of one per cent of its tax valuation.            48           

      (B)  A county shall not incur total net indebtedness that    50           

exceeds an amount equal to the one of the following limitations    51           

that applies to the county:                                        52           

                                                          2      

                                                                 
      (1)  A county with a valuation not exceeding one hundred     54           

million dollars, three per cent of that tax valuation;             55           

      (2)  A county with a tax valuation exceeding one hundred     57           

million dollars but not exceeding three hundred million dollars,   58           

three million dollars plus one and one-half per cent of that tax   59           

valuation in excess of one hundred million dollars;                60           

      (3)  A county with a tax valuation exceeding three hundred   62           

million dollars, six million dollars plus two and one-half per     63           

cent of that tax valuation in excess of three hundred million      64           

dollars.                                                           65           

      (C)  In calculating the net indebtedness of a county, none   67           

of the following securities shall be considered:                   68           

      (1)  Securities described in section 307.201 of the Revised  70           

Code;                                                              71           

      (2)  Self-supporting securities issued for any purposes,     73           

including, but not limited to, any of the following general        74           

purposes:                                                          75           

      (a)  Water systems or facilities;                            77           

      (b)  Sanitary sewerage systems or facilities, or surface     79           

and storm water drainage and sewerage systems or facilities, or a  80           

combination of those systems or facilities;                        81           

      (c)  County or joint county scrap tire collection, storage,  83           

monocell, monofill, or recovery facilities, or any combination of  84           

those facilities;                                                  85           

      (d)  Off-street parking lots, facilities, or buildings, or   87           

on-street parking facilities, or any combination of off-street     88           

and on-street parking facilities;                                  89           

      (e)  Facilities for the care or treatment of the sick or     91           

infirm, and for housing the persons providing that care or         92           

treatment and their families;                                      93           

      (f)  Recreational, sports, convention, auditorium, museum,   95           

trade show, and other public attraction facilities;                96           

      (g)  Facilities for natural resources exploration,           98           

development, recovery, use, and sale;                              99           

                                                          3      

                                                                 
      (h)  Correctional and detention facilities and related       101          

rehabilitation facilities.                                         102          

      (3)  Securities issued for the purpose of purchasing,        104          

constructing, improving, or extending water or sanitary or         105          

surface and storm water sewerage systems or facilities, or a       106          

combination of those systems or facilities, to the extent that an  107          

agreement entered into with another subdivision requires the       108          

other subdivision to pay to the county amounts equivalent to debt  109          

charges on the securities;                                         110          

      (4)  Voted general obligation securities issued for the      112          

purpose of permanent improvements for sanitary sewerage or water   113          

systems or facilities to the extent that the total principal       114          

amount of voted securities outstanding for the purpose does not    115          

exceed an amount equal to two per cent of the county's tax         116          

valuation;                                                         117          

      (5)  Securities issued for permanent improvements to house   119          

agencies, departments, boards, or commissions of the county or of  120          

any municipal corporation located, in whole or in part, in the     121          

county, to the extent that the revenues, other than revenues from  122          

unvoted county property taxes, derived from leases or other        123          

agreements between the county and those agencies, departments,     124          

boards, commissions, or municipal corporations relating to the     125          

use of the permanent improvements are sufficient to cover the      126          

cost of all operating expenses of the permanent improvements paid  127          

by the county and debt charges on the securities;                  128          

      (6)  Securities issued pursuant to section 133.08 of the     130          

Revised Code;                                                      131          

      (7)  Securities issued for the purpose of acquiring or       133          

constructing roads, highways, bridges, or viaducts, for the        134          

purpose of acquiring or making other highway permanent             135          

improvements, or for the purpose of procuring and maintaining      136          

computer systems for the office of the clerk of any                137          

county-operated municipal court, for the office of the clerk of    138          

the court of common pleas, or for the office of the clerk of the   139          

                                                          4      

                                                                 
probate, juvenile, or domestic relations division of the court of  140          

common pleas to the extent that the legislation authorizing the    141          

issuance of the securities includes a covenant to appropriate      142          

from moneys distributed to the county pursuant to division (B) of  143          

section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or     144          

Chapter 4501., 4503., 4504., or 5735. of the Revised Code a        145          

sufficient amount to cover debt charges on and financing costs     146          

relating to the securities as they become due;                     147          

      (8)  Securities issued for the purpose of acquiring,         149          

constructing, improving, and equipping a county, multicounty, or   150          

multicounty-municipal jail, workhouse, juvenile detention          151          

facility, or correctional facility;                                152          

      (9)  Securities issued for the acquisition, construction,    154          

equipping, or repair of any permanent improvement or any class or  155          

group of permanent improvements enumerated in a resolution         156          

adopted pursuant to division (D) of section 5739.026 of the        157          

Revised Code to the extent that the legislation authorizing the    158          

issuance of the securities includes a covenant to appropriate      159          

from moneys received from the taxes authorized under section       160          

5739.023 and division (A)(5) of section 5739.026 of the Revised    161          

Code an amount sufficient to pay debt charges on the securities    162          

and those moneys shall be pledged for that purpose;                163          

      (10)  Securities issued for county or joint county solid     165          

waste or hazardous waste collection, transfer, or disposal         166          

facilities, or resource recovery and solid or hazardous waste      167          

recycling facilities, or any combination of those facilities;      168          

      (11)  Securities issued for the acquisition, construction,   170          

and equipping of a port authority educational and cultural         171          

facility under section 307.671 of the Revised Code;                172          

      (12)  Securities issued for the acquisition, construction,   174          

equipping, and improving of a municipal educational and cultural   175          

facility under division (B)(1) of section 307.672 of the Revised   176          

Code;                                                              177          

      (13)  Securities issued for energy conservation measures     179          

                                                          5      

                                                                 
under section 307.041 of the Revised Code;                         180          

      (14)  Securities issued for the acquisition, construction,   182          

equipping, improving, or repair of a sports facility, including    183          

obligations issued to pay costs of a sports facility under         184          

section 307.673 of the Revised Code;                                            

      (15)  Securities issued under section 755.17 of the Revised  186          

Code if the legislation authorizing issuance of the securities     187          

includes a covenant to appropriate from revenue received from a    188          

tax authorized under division (A)(5) of section 5739.026 and       189          

section 5741.023 of the Revised Code an amount sufficient to pay   190          

debt charges on the securities, and the board of county            191          

commissioners pledges that revenue for that purpose, pursuant to                

section 755.171 of the Revised Code;                               192          

      (15)(16)  Sales tax supported bonds issued pursuant to       194          

section 133.081 of the Revised Code for the purpose of acquiring,  196          

constructing, improving, or equipping any permanent improvement    197          

to the extent that the legislation authorizing the issuance of     198          

the sales tax supported bonds pledges county sales taxes to the    199          

payment of debt charges on the sales tax supported bonds and       200          

contains a covenant to appropriate from county sales taxes a       201          

sufficient amount to cover debt charges or the financing costs     202          

related to the sales tax supported bonds as they become due;       203          

      (17)  SECURITIES ISSUED UNDER SECTION 3707.55 OF THE         206          

REVISED CODE FOR THE ACQUISITION OF REAL PROPERTY BY A GENERAL     208          

HEALTH DISTRICT.                                                                

      (D)  In calculating the net indebtedness of a county, no     210          

obligation incurred under division (E) of section 339.06 of the    211          

Revised Code shall be considered.                                  212          

      Sec. 3707.55.  (A)  A BOARD OF HEALTH OF A GENERAL HEALTH    214          

DISTRICT MAY ACQUIRE, CONVEY, LEASE, OR ENTER INTO A CONTRACT TO   216          

PURCHASE, LEASE, OR SELL REAL PROPERTY FOR THE DISTRICT'S          218          

PURPOSES, AND MAY ENTER INTO LOAN AGREEMENTS, INCLUDING            219          

MORTGAGES, FOR THE ACQUISITION OF SUCH PROPERTY.                                

      (B)  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION     222          

                                                          6      

                                                                 
3709.34 OF THE REVISED CODE, IF A BOARD OF HEALTH OF A GENERAL     225          

HEALTH DISTRICT ACQUIRES, LEASES, OR ENTERS INTO A CONTRACT TO     226          

PURCHASE OR LEASE REAL PROPERTY UNDER THIS SECTION, THE BOARD OF   227          

COUNTY COMMISSIONERS HAS NO OBLIGATION TO PAY FOR OR REIMBURSE                  

THE GENERAL HEALTH DISTRICT FOR SUCH PROPERTY, OR TO FURNISH       229          

SUITABLE QUARTERS TO THE GENERAL HEALTH DISTRICT.                               

      (C)  THE BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES  232          

OF THE COUNTY PURSUANT TO CHAPTER 133. OF THE REVISED CODE FOR     235          

THE ACQUISITION OF REAL PROPERTY BY A GENERAL HEALTH DISTRICT      236          

UNDER DIVISION (A) OF THIS SECTION, BUT ONLY IF THE COUNTY HAS A   238          

CONTRACT WITH THE GENERAL HEALTH DISTRICT WHEREBY THE HEALTH       239          

DISTRICT AGREES TO PAY THE COUNTY AN AMOUNT EQUAL TO THE DEBT      240          

CHARGES ON THE ISSUED SECURITIES ON OR BEFORE THE DATE THOSE       241          

CHARGES FALL DUE.                                                               

      FOR PURPOSES OF THIS SECTION, "DEBT CHARGES" AND             243          

"SECURITIES" HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE    246          

REVISED CODE.                                                      247          

      Section 2.  That existing section 133.07 of the Revised      250          

Code is hereby repealed.                                                        

      Section 3.  Section 133.07 of the Revised Code is presented  252          

in this act as a composite of the section as amended by both Am.   254          

Sub. H.B. 627 and Am. S.B. 61 of the 121st General Assembly, with               

the new language of neither of the acts shown in capital letters.  256          

This is in recognition of the principle stated in division (B) of  257          

section 1.52 of the Revised Code that such amendments are to be    258          

harmonized where not substantively irreconcilable and constitutes  259          

a legislative finding that such is the resulting version in        260          

effect prior to the effective date of this act.                    261