As Passed by the Senate                       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-EVANS- SENATORS           10           

                     DRAKE-SHOEMAKER-MUMPER                                     


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend section 133.07 and to enact section 3707.55  13           

                of the Revised Code to allow the board of health   15           

                of a general health district to acquire real       16           

                property, to remove any existing duty of the       17           

                county to furnish suitable quarters to the health  18           

                district if the district acquires real property,   19           

                to allow the county to issue securities under      20           

                limited circumstances for the acquisition of real  21           

                property by the health district, and to exclude    22           

                such securities from the computation of the        23           

                county's debt limit.                               24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That section 133.07 be amended and section       28           

3707.55 of the Revised Code be enacted to read as follows:         30           

      Sec. 133.07.  (A)  A county shall not incur, without a vote  40           

of the electors, either of the following:                          41           

      (1)  Net indebtedness for all purposes that exceeds an       43           

amount equal to one per cent of its tax valuation;                 44           

      (2)  Net indebtedness for the purpose of paying the          46           

county's share of the cost of the construction, improvement,       47           

maintenance, or repair of state highways that exceeds an amount    48           

equal to one-half of one per cent of its tax valuation.            49           

      (B)  A county shall not incur total net indebtedness that    51           

exceeds an amount equal to the one of the following limitations    52           

                                                          2      


                                                                 
that applies to the county:                                        53           

      (1)  A county with a valuation not exceeding one hundred     55           

million dollars, three per cent of that tax valuation;             56           

      (2)  A county with a tax valuation exceeding one hundred     58           

million dollars but not exceeding three hundred million dollars,   59           

three million dollars plus one and one-half per cent of that tax   60           

valuation in excess of one hundred million dollars;                61           

      (3)  A county with a tax valuation exceeding three hundred   63           

million dollars, six million dollars plus two and one-half per     64           

cent of that tax valuation in excess of three hundred million      65           

dollars.                                                           66           

      (C)  In calculating the net indebtedness of a county, none   68           

of the following securities shall be considered:                   69           

      (1)  Securities described in section 307.201 of the Revised  71           

Code;                                                              72           

      (2)  Self-supporting securities issued for any purposes,     74           

including, but not limited to, any of the following general        75           

purposes:                                                          76           

      (a)  Water systems or facilities;                            78           

      (b)  Sanitary sewerage systems or facilities, or surface     80           

and storm water drainage and sewerage systems or facilities, or a  81           

combination of those systems or facilities;                        82           

      (c)  County or joint county scrap tire collection, storage,  84           

monocell, monofill, or recovery facilities, or any combination of  85           

those facilities;                                                  86           

      (d)  Off-street parking lots, facilities, or buildings, or   88           

on-street parking facilities, or any combination of off-street     89           

and on-street parking facilities;                                  90           

      (e)  Facilities for the care or treatment of the sick or     92           

infirm, and for housing the persons providing that care or         93           

treatment and their families;                                      94           

      (f)  Recreational, sports, convention, auditorium, museum,   96           

trade show, and other public attraction facilities;                97           

      (g)  Facilities for natural resources exploration,           99           

                                                          3      


                                                                 
development, recovery, use, and sale;                              100          

      (h)  Correctional and detention facilities and related       102          

rehabilitation facilities.                                         103          

      (3)  Securities issued for the purpose of purchasing,        105          

constructing, improving, or extending water or sanitary or         106          

surface and storm water sewerage systems or facilities, or a       107          

combination of those systems or facilities, to the extent that an  108          

agreement entered into with another subdivision requires the       109          

other subdivision to pay to the county amounts equivalent to debt  110          

charges on the securities;                                         111          

      (4)  Voted general obligation securities issued for the      113          

purpose of permanent improvements for sanitary sewerage or water   114          

systems or facilities to the extent that the total principal       115          

amount of voted securities outstanding for the purpose does not    116          

exceed an amount equal to two per cent of the county's tax         117          

valuation;                                                         118          

      (5)  Securities issued for permanent improvements to house   120          

agencies, departments, boards, or commissions of the county or of  121          

any municipal corporation located, in whole or in part, in the     122          

county, to the extent that the revenues, other than revenues from  123          

unvoted county property taxes, derived from leases or other        124          

agreements between the county and those agencies, departments,     125          

boards, commissions, or municipal corporations relating to the     126          

use of the permanent improvements are sufficient to cover the      127          

cost of all operating expenses of the permanent improvements paid  128          

by the county and debt charges on the securities;                  129          

      (6)  Securities issued pursuant to section 133.08 of the     131          

Revised Code;                                                      132          

      (7)  Securities issued for the purpose of acquiring or       134          

constructing roads, highways, bridges, or viaducts, for the        135          

purpose of acquiring or making other highway permanent             136          

improvements, or for the purpose of procuring and maintaining      137          

computer systems for the office of the clerk of any                138          

county-operated municipal court, for the office of the clerk of    139          

                                                          4      


                                                                 
the court of common pleas, or for the office of the clerk of the   140          

probate, juvenile, or domestic relations division of the court of  141          

common pleas to the extent that the legislation authorizing the    142          

issuance of the securities includes a covenant to appropriate      143          

from moneys distributed to the county pursuant to division (B) of  144          

section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or     145          

Chapter 4501., 4503., 4504., or 5735. of the Revised Code a        146          

sufficient amount to cover debt charges on and financing costs     147          

relating to the securities as they become due;                     148          

      (8)  Securities issued for the purpose of acquiring,         150          

constructing, improving, and equipping a county, multicounty, or   151          

multicounty-municipal jail, workhouse, juvenile detention          152          

facility, or correctional facility;                                153          

      (9)  Securities issued for the acquisition, construction,    155          

equipping, or repair of any permanent improvement or any class or  156          

group of permanent improvements enumerated in a resolution         157          

adopted pursuant to division (D) of section 5739.026 of the        158          

Revised Code to the extent that the legislation authorizing the    159          

issuance of the securities includes a covenant to appropriate      160          

from moneys received from the taxes authorized under section       161          

5739.023 and division (A)(5) of section 5739.026 of the Revised    162          

Code an amount sufficient to pay debt charges on the securities    163          

and those moneys shall be pledged for that purpose;                164          

      (10)  Securities issued for county or joint county solid     166          

waste or hazardous waste collection, transfer, or disposal         167          

facilities, or resource recovery and solid or hazardous waste      168          

recycling facilities, or any combination of those facilities;      169          

      (11)  Securities issued for the acquisition, construction,   171          

and equipping of a port authority educational and cultural         172          

facility under section 307.671 of the Revised Code;                173          

      (12)  Securities issued for the acquisition, construction,   175          

equipping, and improving of a municipal educational and cultural   176          

facility under division (B)(1) of section 307.672 of the Revised   177          

Code;                                                              178          

                                                          5      


                                                                 
      (13)  Securities issued for energy conservation measures     180          

under section 307.041 of the Revised Code;                         181          

      (14)  Securities issued for the acquisition, construction,   183          

equipping, improving, or repair of a sports facility, including    184          

obligations issued to pay costs of a sports facility under         185          

section 307.673 of the Revised Code;                                            

      (15)  Securities issued under section 755.17 of the Revised  187          

Code if the legislation authorizing issuance of the securities     188          

includes a covenant to appropriate from revenue received from a    189          

tax authorized under division (A)(5) of section 5739.026 and       190          

section 5741.023 of the Revised Code an amount sufficient to pay   191          

debt charges on the securities, and the board of county            192          

commissioners pledges that revenue for that purpose, pursuant to                

section 755.171 of the Revised Code;                               193          

      (15)(16)  Sales tax supported bonds issued pursuant to       195          

section 133.081 of the Revised Code for the purpose of acquiring,  197          

constructing, improving, or equipping any permanent improvement    198          

to the extent that the legislation authorizing the issuance of     199          

the sales tax supported bonds pledges county sales taxes to the    200          

payment of debt charges on the sales tax supported bonds and       201          

contains a covenant to appropriate from county sales taxes a       202          

sufficient amount to cover debt charges or the financing costs     203          

related to the sales tax supported bonds as they become due;       204          

      (17)  SECURITIES ISSUED UNDER SECTION 3707.55 OF THE         207          

REVISED CODE FOR THE ACQUISITION OF REAL PROPERTY BY A GENERAL     209          

HEALTH DISTRICT.                                                                

      (D)  In calculating the net indebtedness of a county, no     211          

obligation incurred under division (E) of section 339.06 of the    212          

Revised Code shall be considered.                                  213          

      Sec. 3707.55.  (A)  A BOARD OF HEALTH OF A GENERAL HEALTH    215          

DISTRICT MAY ACQUIRE, CONVEY, LEASE, OR ENTER INTO A CONTRACT TO   217          

PURCHASE, LEASE, OR SELL REAL PROPERTY FOR THE DISTRICT'S          219          

PURPOSES, AND MAY ENTER INTO LOAN AGREEMENTS, INCLUDING            220          

MORTGAGES, FOR THE ACQUISITION OF SUCH PROPERTY.                                

                                                          6      


                                                                 
      (B)  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION     223          

3709.34 OF THE REVISED CODE, IF A BOARD OF HEALTH OF A GENERAL     226          

HEALTH DISTRICT ACQUIRES, LEASES, OR ENTERS INTO A CONTRACT TO     227          

PURCHASE OR LEASE REAL PROPERTY UNDER THIS SECTION, THE BOARD OF   228          

COUNTY COMMISSIONERS HAS NO OBLIGATION TO PAY FOR OR REIMBURSE                  

THE GENERAL HEALTH DISTRICT FOR SUCH PROPERTY, OR TO FURNISH       230          

SUITABLE QUARTERS TO THE GENERAL HEALTH DISTRICT.                               

      (C)  THE BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES  233          

OF THE COUNTY PURSUANT TO CHAPTER 133. OF THE REVISED CODE FOR     236          

THE ACQUISITION OF REAL PROPERTY BY A GENERAL HEALTH DISTRICT      237          

UNDER DIVISION (A) OF THIS SECTION, BUT ONLY IF THE COUNTY HAS A   239          

CONTRACT WITH THE GENERAL HEALTH DISTRICT WHEREBY THE HEALTH       240          

DISTRICT AGREES TO PAY THE COUNTY AN AMOUNT EQUAL TO THE DEBT      241          

CHARGES ON THE ISSUED SECURITIES ON OR BEFORE THE DATE THOSE       242          

CHARGES FALL DUE.                                                               

      FOR PURPOSES OF THIS SECTION, "DEBT CHARGES" AND             244          

"SECURITIES" HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE    247          

REVISED CODE, AND "BOARD OF HEALTH OF A GENERAL HEALTH DISTRICT"   250          

INCLUDES A BOARD OF HEALTH OF A COMBINED HEALTH DISTRICT FORMED    251          

PURSUANT TO SECTION 3709.07, 3709.071, OR 3709.10 OF THE REVISED   253          

CODE.                                                              254          

      Section 2.  That existing section 133.07 of the Revised      257          

Code is hereby repealed.                                                        

      Section 3.  Section 133.07 of the Revised Code is presented  259          

in this act as a composite of the section as amended by both Am.   261          

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.  263          

This is in recognition of the principle stated in division (B) of  264          

section 1.52 of the Revised Code that such amendments are to be    265          

harmonized where not substantively irreconcilable and constitutes  266          

a legislative finding that such is the resulting version in        267          

effect prior to the effective date of this act.                    268