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
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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
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(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
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(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
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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
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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
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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