As Reported by House Ways and Means Committee            1            

123rd General Assembly                                             4            

   Regular Session                               Am. H.B. No. 76   5            

      1999-2000                                                    6            


        REPRESENTATIVES BRADING-TERWILLEGER-OLMAN-TAYLOR-          8            

           SCHULER-LOGAN-SULZER-MOTTLEY-OPFER-HARTNETT             9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 133.04 of the Revised Code to        12           

                exempt from the calculation of a subdivision's     14           

                debt limit a  specified portion of the principal   15           

                amount of securities issued for permanent          18           

                improvements if payments in lieu of taxes are      19           

                pledged to repay those securities.                 20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That section 133.04 of the Revised Code be       24           

amended to read as follows:                                        26           

      Sec. 133.04.  (A)  As used in this chapter, "net             36           

indebtedness" means, as determined pursuant to this section, the   37           

principal amount of the outstanding securities of a subdivision    38           

less the amount held in a bond retirement fund to the extent such  39           

amount is not taken into account in determining the principal      40           

amount outstanding under division (AA) of section 133.01 of the    41           

Revised Code.  For purposes of this definition, the principal      42           

amount of outstanding securities includes the principal amount of  43           

outstanding securities of another subdivision apportioned to the   44           

subdivision as a result of acquisition of territory, and excludes  45           

the principal amount of outstanding securities of the subdivision  46           

apportioned to another subdivision as a result of loss of          47           

territory and the payment or reimbursement obligations of the      48           

subdivision under credit enhancement facilities relating to        49           

outstanding securities.                                            50           

      (B)  In calculating the net indebtedness of a subdivision,   52           

                                                          2      


                                                                 
none of the following securities, including anticipatory           53           

securities issued in anticipation of their issuance, shall be      54           

considered:                                                        55           

      (1)  Securities issued in anticipation of the levy or        57           

collection of special assessments, either in original or refunded  58           

form;                                                              59           

      (2)  Securities issued in anticipation of the collection of  61           

current revenues for the fiscal year or other period not to        62           

exceed twelve consecutive months, or securities issued in          63           

anticipation of the collection of the proceeds from a              64           

specifically identified voter-approved tax levy;                   65           

      (3)  Securities issued for purposes described in section     67           

133.12 of the Revised Code;                                        68           

      (4)  Securities issued under Chapter 122., 140., 165.,       70           

725., or 761., or section 131.23 of the Revised Code;              71           

      (5)  Securities issued to pay final judgments or court       73           

approved settlements under authorizing laws and securities issued  74           

under section 2744.081 of the Revised Code;                        75           

      (6)  Securities issued to pay costs of permanent             77           

improvements to the extent they are issued in anticipation of the  78           

receipt of, and are payable as to principal from, federal or       79           

state grants or distributions for, or legally available for, that  81           

principal or for the costs of those permanent improvements;        82           

      (7)  Securities issued to evidence loans from the state      84           

capital improvements fund pursuant to Chapter 164. of the Revised  85           

Code or from the state infrastructure bank pursuant to section     86           

5531.09 of the Revised Code;                                       87           

      (8)  THAT PERCENTAGE OF THE PRINCIPAL AMOUNT OF GENERAL      89           

OBLIGATION SECURITIES ISSUED BY A COUNTY, TOWNSHIP, OR MUNICIPAL   90           

CORPORATION TO PAY THE COSTS OF PERMANENT IMPROVEMENTS EQUAL TO    91           

THE PERCENTAGE OF THE DEBT CHARGES ON THOSE SECURITIES PAYABLE     92           

DURING THE CURRENT FISCAL YEAR THAT THE FISCAL OFFICER ESTIMATES   93           

CAN BE PAID DURING THE CURRENT FISCAL YEAR FROM PAYMENTS IN LIEU   94           

OF TAXES UNDER SECTION 1728.11, 1728.111, 5709.42, 5709.74, OR                  

                                                          3      


                                                                 
5709.79 OF THE REVISED CODE, AND THAT THE LEGISLATION AUTHORIZING  95           

THE ISSUANCE OF THE SECURITIES PLEDGES OR COVENANTS WILL BE USED   96           

FOR THE PAYMENT OF THOSE DEBT CHARGES; PROVIDED THAT THE AMOUNT    97           

EXCLUDED FROM CONSIDERATION UNDER DIVISION (B)(8) OF THIS SECTION  98           

SHALL NOT EXCEED THE LESSER OF THIRTY MILLION DOLLARS OR ONE-HALF  99           

PER CENT OF THE SUBDIVISION'S TAX VALUATION IN THE CASE OF A       100          

COUNTY OR TOWNSHIP, OR ONE AND ONE-TENTH PER CENT OF THE                        

SUBDIVISION'S TAX VALUATION IN THE CASE OF A MUNICIPAL             101          

CORPORATION;                                                                    

      (9)  Other securities, including self-supporting             104          

securities, excepted by law from the calculation of net            105          

indebtedness or from the application of this chapter;              106          

      (9)(10)  Any other securities outstanding on October 30,     108          

1989, and then excepted from the calculation of net indebtedness   112          

or from the application of this chapter, and securities issued at  113          

any time to fund or refund those securities.                       114          

      Section 2.  That existing section 133.04 of the Revised      116          

Code is hereby repealed.                                           117