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