As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee*                   2            

122nd General Assembly                                             5            

   Regular Session                            Sub. H. B. No. 652   6            

      1997-1998                                                    7            


   REPRESENTATIVES SCHULER-BOGGS-LUEBBERS-TIBERI-BRADING-REID-     9            

  CAREY-BUCHY-PERZ-METZGER-HARRIS-PATTON-MOTTLEY-CLANCY-GARCIA-    10           

CATES-MEAD-PADGETT-LOGAN-TAYLOR-SULZER-BATEMAN-O'BRIEN-GERBERRY-   11           

   OLMAN-METELSKY-OGG-SAWYER-WILSON-VESPER-TERWILLEGER-OPFER-      12           

   BRITTON-KRUPINSKI-JOLIVETTE-ROMAN-ALLEN-SALERNO-VAN VYVEN-      13           

  DAMSCHRODER-HOTTINGER-WILLAMOWSKI-GRENDELL-MAIER-CORE-BENDER-    14           

       HAINES-BATCHELDER-MYERS-TAVARES-WINKLER-STAPLETON-          15           

                    JACOBSON-WOMER BENJAMIN-                       16           

       SENATORS SCHAFRATH-LATELL-SHOEMAKER-GARDNER-MUMPER          17           


                                                                   19           

                           A   B I L L                                          

             To amend section 511.34 and to enact section 5.2213   21           

                of the Revised Code to designate the first day of  22           

                February of each year as Ohio Township Day and to  24           

                permit an island township to levy a property tax,               

                with voter approval, to acquire additional park    25           

                land.                                                           




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

      Section 1.  That section 511.34 be amended and section       28           

5.2213 of the Revised Code be enacted to read as follows:          30           

      Sec. 5.2213.  THE FIRST DAY OF FEBRUARY IS DESIGNATED AS     33           

"OHIO TOWNSHIP DAY," IN RECOGNITION OF TOWNSHIP OFFICIALS AND      34           

EMPLOYEES AND THE OHIO TOWNSHIP ASSOCIATION AND ITS OFFICERS.      35           

TOWNSHIP OFFICIALS ARE ENCOURAGED TO USE THIS DAY TO VISIT THE     36           

SCHOOLS TO EXPLAIN THEIR DUTIES AND QUALIFICATIONS.                             

      Sec. 511.34.  In townships composed of islands, and on one   45           

of which islands lands have been conveyed, in trust, for the       46           

benefit of the inhabitants thereof OF THE ISLAND for USE AS A      48           

                                                          2      

                                                                 
park purpose, and a board of park trustees has been provided for   49           

the control of such THE park, the board of township trustees may   50           

create a tax district of such THE island, for the purpose of       52           

raising TO RAISE funds by taxation for AS PROVIDED UNDER           53           

DIVISIONS (A) AND (B) OF THIS SECTION.                             54           

      (A)  FOR the care and maintenance of the park, and it may,   57           

for such purposes, PARKS ON THE ISLAND, THE BOARD OF TOWNSHIP      59           

TRUSTEES annually MAY levy a tax, not to exceed one mill, upon     60           

all the taxable property in such THE district.  Such THE tax       62           

shall be in addition to all other levies authorized by law, and                 

subject to no limitation on tax rates except as provided in this   63           

section DIVISION.                                                  64           

      The proceeds of such THE tax levy shall be expended by the   66           

board of township trustees as provided by this section FOR THE     68           

PURPOSE OF THE CARE AND MAINTENANCE OF THE PARKS, and shall be     69           

paid out of the township treasury upon the orders of the board of  70           

park trustees.                                                                  

      (B)  FOR THE PURPOSE OF ACQUIRING ADDITIONAL LAND FOR USE    72           

AS A PARK, THE BOARD OF TOWNSHIP TRUSTEES MAY LEVY A TAX IN        73           

EXCESS OF THE TEN-MILL LIMITATION ON ALL TAXABLE PROPERTY IN THE   74           

DISTRICT. THE TAX SHALL BE PROPOSED BY RESOLUTION ADOPTED BY       75           

TWO-THIRDS OF THE MEMBERS OF THE BOARD OF TOWNSHIP TRUSTEES.  THE  76           

RESOLUTION SHALL SPECIFY THE PURPOSE AND RATE OF THE TAX AND THE   77           

NUMBER OF YEARS THE TAX WILL BE LEVIED, WHICH SHALL NOT EXCEED     78           

FIVE YEARS, AND WHICH MAY INCLUDE A LEVY ON THE CURRENT TAX LIST   79           

AND DUPLICATE.  THE RESOLUTION SHALL GO INTO IMMEDIATE EFFECT      80           

UPON ITS PASSAGE, AND NO PUBLICATION OF THE RESOLUTION IS          81           

NECESSARY OTHER THAN THAT PROVIDED FOR IN THE NOTICE OF ELECTION.  83           

THE BOARD OF TOWNSHIP TRUSTEES SHALL CERTIFY A COPY OF THE         84           

RESOLUTION TO THE PROPER BOARD OF ELECTIONS NOT LATER THAN         85           

SEVENTY-FIVE DAYS BEFORE THE PRIMARY OR GENERAL ELECTION IN THE    86           

TOWNSHIP, AND THE BOARD OF ELECTIONS SHALL SUBMIT THE QUESTION OF  87           

THE TAX TO THE VOTERS OF THE DISTRICT AT THE SUCCEEDING PRIMARY    88           

OR GENERAL ELECTION.  THE BOARD OF ELECTIONS SHALL MAKE THE        89           

                                                          3      

                                                                 
NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE   90           

ELECTORS OF THE DISTRICT, AND THE ELECTION SHALL BE CONDUCTED,     91           

CANVASSED, AND CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS   92           

IN THE TOWNSHIP FOR THE ELECTION OF OFFICERS.  NOTICE OF THE       93           

ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION  94           

IN THE TOWNSHIP ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS PRIOR TO    95           

THE ELECTION, STATING THE PURPOSE OF THE TAX, THE PROPOSED RATE    96           

OF THE TAX, EXPRESSED IN DOLLARS AND CENTS FOR EACH ONE HUNDRED    97           

DOLLARS OF VALUATION AND MILLS FOR EACH ONE DOLLAR OF VALUATION,   98           

THE NUMBER OF YEARS THE TAX WILL BE IN EFFECT AND THE FIRST YEAR   99           

THE TAX WILL BE LEVIED, AND THE TIME AND PLACE OF THE ELECTION.    101          

      THE FORM OF THE BALLOTS CAST AT AN ELECTION HELD UNDER THIS  104          

DIVISION SHALL BE AS FOLLOWS:                                                   

      "AN ADDITIONAL TAX FOR THE BENEFIT OF ......... (NAME OF     106          

THE TOWNSHIP) FOR THE PURPOSE OF ACQUIRING ADDITIONAL PARK LAND    107          

AT A RATE OF ......... MILLS FOR EACH ONE DOLLAR OF VALUATION,     108          

WHICH AMOUNTS TO ........ (RATE EXPRESSED IN DOLLARS AND CENTS)    109          

FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR ......... (NUMBER   110          

OF YEARS THE LEVY IS TO RUN) BEGINNING IN ........... (FIRST YEAR  111          

THE TAX WILL BE LEVIED).                                           112          

                                                                   115          

                   FOR THE TAX LEVY                                116          

                                                                   117          

                   AGAINST THE TAX LEVY                            118          

                                                        "          119          

      THE QUESTION SHALL BE SUBMITTED AS A SEPARATE PROPOSITION    122          

BUT MAY BE PRINTED ON THE SAME BALLOT WITH ANY OTHER PROPOSITION   123          

SUBMITTED AT THE SAME ELECTION OTHER THAN THE ELECTION OF          124          

OFFICERS.  MORE THAN ONE SUCH QUESTION MAY BE SUBMITTED AT THE     125          

SAME ELECTION.                                                     126          

      IF THE LEVY IS APPROVED BY A MAJORITY OF ELECTORS VOTING ON  129          

THE QUESTION, THE BOARD OF ELECTIONS SHALL CERTIFY THE RESULT OF   130          

THE ELECTION TO THE TAX COMMISSIONER.  IN THE FIRST YEAR OF THE    131          

LEVY, THE TAX SHALL BE EXTENDED ON THE TAX LISTS AFTER THE         132          

                                                          4      

                                                                 
FEBRUARY SETTLEMENT FOLLOWING THE ELECTION.  IF THE TAX IS TO BE   133          

PLACED ON THE TAX LISTS OF THE CURRENT YEAR AS SPECIFIED IN THE    134          

RESOLUTION, THE BOARD OF ELECTIONS SHALL CERTIFY THE RESULT OF     135          

THE ELECTION IMMEDIATELY AFTER THE CANVASS TO THE BOARD OF         136          

TOWNSHIP TRUSTEES, WHICH SHALL FORTHWITH MAKE THE NECESSARY LEVY   137          

AND CERTIFY THE LEVY TO THE COUNTY AUDITOR, WHO SHALL EXTEND THE   138          

LEVY ON THE TAX LISTS FOR COLLECTION.  AFTER THE FIRST YEAR OF     139          

THE LEVY, THE LEVY SHALL BE INCLUDED IN THE ANNUAL TAX BUDGET      140          

THAT IS CERTIFIED TO THE COUNTY BUDGET COMMISSION.                 141          

      Section 2.  That existing section 511.34 of the Revised      143          

Code is hereby repealed.                                           144