As Reported by the Senate State and Local Government and Veterans Affairs Committee

127th General Assembly Regular Session 2007-2008

Am. H. B. No. 385

Representative Hottinger 

Cosponsors: Representatives Evans, Wagoner, Flowers, Stebelton, Chandler, Mallory, McGregor, J., Yuko, Bacon, Barrett, Batchelder, Budish, Combs, Domenick, Dyer, Fende, Goyal, Hagan, J., Harwood, Hughes, Luckie, Lundy, Mecklenborg, Otterman, J., Patton, Peterson, Schindel, Stewart, D., Zehringer 

Senators Seitz, Wagoner, Schuler 

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A BILL

To amend section 5705.19 of the Revised Code to

1

permit land acquired by a board of township

2

trustees for the purpose of protecting or

3

preserving "greenspace" to be used for

4

recreational purposes.

5

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

Section 1. That section 5705.19 of the Revised Code be	6
amended to read as follows:	7

Sec. 5705.19.  This section does not apply to school	8
districts or county school financing districts.	9

The taxing authority of any subdivision at any time and in	10
any year, by vote of two-thirds of all the members of the taxing	11
authority, may declare by resolution and certify the resolution to	12
the board of elections not less than seventy-five days before the	13
election upon which it will be voted that the amount of taxes that	14
may be raised within the ten-mill limitation will be insufficient	15
to provide for the necessary requirements of the subdivision and	16
that it is necessary to levy a tax in excess of that limitation	17
for any of the following purposes:	18

(A) For current expenses of the subdivision, except that the	19
total levy for current expenses of a detention facility district	20
or district organized under section 2151.65 of the Revised Code	21
shall not exceed two mills and that the total levy for current	22
expenses of a combined district organized under sections 2151.65	23
and 2152.41 of the Revised Code shall not exceed four mills;	24

(B) For the payment of debt charges on certain described	25
bonds, notes, or certificates of indebtedness of the subdivision	26
issued subsequent to January 1, 1925;	27

(C) For the debt charges on all bonds, notes, and	28
certificates of indebtedness issued and authorized to be issued	29
prior to January 1, 1925;	30

(D) For a public library of, or supported by, the subdivision	31
under whatever law organized or authorized to be supported;	32

(E) For a municipal university, not to exceed two mills over	33
the limitation of one mill prescribed in section 3349.13 of the	34
Revised Code;	35

(F) For the construction or acquisition of any specific	36
permanent improvement or class of improvements that the taxing	37
authority of the subdivision may include in a single bond issue;	38

(G) For the general construction, reconstruction,	39
resurfacing, and repair of streets, roads, and bridges in	40
municipal corporations, counties, or townships;	41

(H) For parks and recreational purposes;

42

(I) For the purpose of providing and maintaining fire	43
apparatus, appliances, buildings, or sites therefor, or sources of	44
water supply and materials therefor, or the establishment and	45
maintenance of lines of fire alarm telegraph, or the payment of	46
permanent, part-time, or volunteer firefighters or firefighting	47
companies to operate the same, including the payment of the	48
firefighter employers' contribution required under section 742.34	49
of the Revised Code, or the purchase of ambulance equipment, or	50
the provision of ambulance, paramedic, or other emergency medical	51
services operated by a fire department or firefighting company;	52

(J) For the purpose of providing and maintaining motor	53
vehicles, communications, other equipment, buildings, and sites	54
for such buildings used directly in the operation of a police	55
department, or the payment of salaries of permanent police	56
personnel, including the payment of the police officer employers'	57
contribution required under section 742.33 of the Revised Code, or	58
the payment of the costs incurred by townships as a result of	59
contracts made with other political subdivisions in order to	60
obtain police protection, or the provision of ambulance or	61
emergency medical services operated by a police department;	62

(K) For the maintenance and operation of a county home or	63
detention facility;	64

(L) For community mental retardation and developmental	65
disabilities programs and services pursuant to Chapter 5126. of	66
the Revised Code, except that the procedure for such levies shall	67
be as provided in section 5705.222 of the Revised Code;	68

(M) For regional planning;

69

(N) For a county's share of the cost of maintaining and	70
operating schools, district detention facilities, forestry camps,	71
or other facilities, or any combination thereof, established under	72
section 2151.65 or 2152.41 of the Revised Code or both of those	73
sections;	74

(O) For providing for flood defense, providing and	75
maintaining a flood wall or pumps, and other purposes to prevent	76
floods;	77

(P) For maintaining and operating sewage disposal plants and	78
facilities;	79

(Q) For the purpose of purchasing, acquiring, constructing,	80
enlarging, improving, equipping, repairing, maintaining, or	81
operating, or any combination of the foregoing, a county transit	82
system pursuant to sections 306.01 to 306.13 of the Revised Code,	83
or of making any payment to a board of county commissioners	84
operating a transit system or a county transit board pursuant to	85
section 306.06 of the Revised Code;	86

(R) For the subdivision's share of the cost of acquiring or	87
constructing any schools, forestry camps, detention facilities,	88
or other facilities, or any combination thereof, under section	89
2151.65 or 2152.41 of the Revised Code or both of those sections;	90

(S) For the prevention, control, and abatement of air	91
pollution;	92

(T) For maintaining and operating cemeteries;

93

(U) For providing ambulance service, emergency medical	94
service, or both;	95

(V) For providing for the collection and disposal of garbage	96
or refuse, including yard waste;	97

(W) For the payment of the police officer employers'	98
contribution or the firefighter employers' contribution required	99
under sections 742.33 and 742.34 of the Revised Code;	100

(X) For the construction and maintenance of a drainage	101
improvement pursuant to section 6131.52 of the Revised Code;	102

(Y) For providing or maintaining senior citizens services or	103
facilities as authorized by section 307.694, 307.85, 505.70, or	104
505.706 or division (EE) of section 717.01 of the Revised Code;	105

(Z) For the provision and maintenance of zoological park	106
services and facilities as authorized under section 307.76 of the	107
Revised Code;	108

(AA) For the maintenance and operation of a free public	109
museum of art, science, or history;	110

(BB) For the establishment and operation of a 9-1-1 system,	111
as defined in section 4931.40 of the Revised Code;	112

(CC) For the purpose of acquiring, rehabilitating, or	113
developing rail property or rail service. As used in this	114
division, "rail property" and "rail service" have the same	115
meanings as in section 4981.01 of the Revised Code. This division	116
applies only to a county, township, or municipal corporation.	117

(DD) For the purpose of acquiring property for, constructing,	118
operating, and maintaining community centers as provided for in	119
section 755.16 of the Revised Code;	120

(EE) For the creation and operation of an office or joint	121
office of economic development, for any economic development	122
purpose of the office, and to otherwise provide for the	123
establishment and operation of a program of economic development	124
pursuant to sections 307.07 and 307.64 of the Revised Code;	125

(FF) For the purpose of acquiring, establishing,	126
constructing, improving, equipping, maintaining, or operating, or	127
any combination of the foregoing, a township airport, landing	128
field, or other air navigation facility pursuant to section 505.15	129
of the Revised Code;	130

(GG) For the payment of costs incurred by a township as a	131
result of a contract made with a county pursuant to section	132
505.263 of the Revised Code in order to pay all or any part of the	133
cost of constructing, maintaining, repairing, or operating a water	134
supply improvement;	135

(HH) For a board of township trustees to acquire, other than	136
by appropriation, an ownership interest in land, water, or	137
wetlands, or to restore or maintain land, water, or wetlands in	138
which the board has an ownership interest, not for purposes of	139
recreation, but for the purposes of protecting and preserving the	140
natural, scenic, open, or wooded condition of the land, water, or	141
wetlands against modification or encroachment resulting from	142
occupation, development, or other use, which may be styled as	143
protecting or preserving "greenspace" in the resolution, notice of	144
election, or ballot form;. Except as otherwise provided in this	145
division, land is not acquired for purposes of recreation, even	146
if the land is used for recreational purposes, so long as no	147
building, structure, or fixture used for recreational purposes is	148
permanently attached or affixed to the land. Except as otherwise	149
provided in this division, land that previously has been acquired	150
in a township for these greenspace purposes may subsequently be	151
used for recreational purposes if the board of township trustees	152
adopts a resolution approving that use and no building, structure,	153
or fixture used for recreational purposes is permanently attached	154
or affixed to the land. The authorization to use greenspace land	155
for recreational use does not apply to land located in a township	156
that had a population, at the time it passed its first greenspace	157
levy, of more than thirty-eight thousand within a county that had	158
a population, at that time, of at least eight hundred sixty	159
thousand.	160

(II) For the support by a county of a crime victim assistance	161
program that is provided and maintained by a county agency or a	162
private, nonprofit corporation or association under section 307.62	163
of the Revised Code;	164

(JJ) For any or all of the purposes set forth in divisions	165
(I) and (J) of this section. This division applies only to a	166
township.	167

(KK) For a countywide public safety communications system	168
under section 307.63 of the Revised Code. This division applies	169
only to counties.	170

(LL) For the support by a county of criminal justice services	171
under section 307.45 of the Revised Code;	172

(MM) For the purpose of maintaining and operating a jail or	173
other detention facility as defined in section 2921.01 of the	174
Revised Code;	175

(NN) For purchasing, maintaining, or improving, or any	176
combination of the foregoing, real estate on which to hold	177
agricultural fairs. This division applies only to a county.	178

(OO) For constructing, rehabilitating, repairing, or	179
maintaining sidewalks, walkways, trails, bicycle pathways, or	180
similar improvements, or acquiring ownership interests in land	181
necessary for the foregoing improvements;	182

(PP) For both of the purposes set forth in divisions (G) and	183
(OO) of this section.	184

(QQ) For both of the purposes set forth in divisions (H) and	185
(HH) of this section. This division applies only to a township.	186

(RR) For the legislative authority of a municipal	187
corporation, board of county commissioners of a county, or board	188
of township trustees of a township to acquire agricultural	189
easements, as defined in section 5301.67 of the Revised Code, and	190
to supervise and enforce the easements.	191

(SS) For both of the purposes set forth in divisions (BB) and	192
(KK) of this section. This division applies only to a county.	193

(TT) For the maintenance and operation of a facility that is	194
organized in whole or in part to promote the sciences and natural	195
history under section 307.761 of the Revised Code.	196

The resolution shall be confined to the purpose or purposes	197
described in one division of this section, to which the revenue	198
derived therefrom shall be applied. The existence in any other	199
division of this section of authority to levy a tax for any part	200
or all of the same purpose or purposes does not preclude the use	201
of such revenues for any part of the purpose or purposes of the	202
division under which the resolution is adopted.	203

The resolution shall specify the amount of the increase in	204
rate that it is necessary to levy, the purpose of that increase in	205
rate, and the number of years during which the increase in rate	206
shall be in effect, which may or may not include a levy upon the	207
duplicate of the current year. The number of years may be any	208
number not exceeding five, except as follows:	209

(1) When the additional rate is for the payment of debt	210
charges, the increased rate shall be for the life of the	211
indebtedness.	212

(2) When the additional rate is for any of the following, the	213
increased rate shall be for a continuing period of time:	214

(a) For the current expenses for a detention facility	215
district, a district organized under section 2151.65 of the	216
Revised Code, or a combined district organized under sections	217
2151.65 and 2152.41 of the Revised Code;	218

(b) For providing a county's share of the cost of maintaining	219
and operating schools, district detention facilities, forestry	220
camps, or other facilities, or any combination thereof,	221
established under section 2151.65 or 2152.41 of the Revised Code	222
or under both of those sections.	223

(3) When the additional rate is for either of the following,	224
the increased rate may be for a continuing period of time:	225

(a) For the purposes set forth in division (I), (J), (U), or	226
(KK) of this section;	227

(b) For the maintenance and operation of a joint recreation	228
district.	229

(4) When the increase is for the purpose or purposes set	230
forth in division (D), (G), (H), (CC), or (PP) of this section,	231
the tax levy may be for any specified number of years or for a	232
continuing period of time, as set forth in the resolution.	233

(5) When the additional rate is for the purpose described in	234
division (Z) of this section, the increased rate shall be for any	235
number of years not exceeding ten.	236

A levy for one of the purposes set forth in division (G),	237
(I), (J), or (U) of this section may be reduced pursuant to	238
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	239
the purposes set forth in division (G), (I), (J), or (U) of this	240
section may also be terminated or permanently reduced by the	241
taxing authority if it adopts a resolution stating that the	242
continuance of the levy is unnecessary and the levy shall be	243
terminated or that the millage is excessive and the levy shall be	244
decreased by a designated amount.	245

A resolution of a detention facility district, a district	246
organized under section 2151.65 of the Revised Code, or a combined	247
district organized under both sections 2151.65 and 2152.41 of the	248
Revised Code may include both current expenses and other purposes,	249
provided that the resolution shall apportion the annual rate of	250
levy between the current expenses and the other purpose or	251
purposes. The apportionment need not be the same for each year of	252
the levy, but the respective portions of the rate actually levied	253
each year for the current expenses and the other purpose or	254
purposes shall be limited by the apportionment.	255

Whenever a board of county commissioners, acting either as	256
the taxing authority of its county or as the taxing authority of a	257
sewer district or subdistrict created under Chapter 6117. of the	258
Revised Code, by resolution declares it necessary to levy a tax in	259
excess of the ten-mill limitation for the purpose of constructing,	260
improving, or extending sewage disposal plants or sewage systems,	261
the tax may be in effect for any number of years not exceeding	262
twenty, and the proceeds of the tax, notwithstanding the general	263
provisions of this section, may be used to pay debt charges on any	264
obligations issued and outstanding on behalf of the subdivision	265
for the purposes enumerated in this paragraph, provided that any	266
such obligations have been specifically described in the	267
resolution.	268

The resolution shall go into immediate effect upon its	269
passage, and no publication of the resolution is necessary other	270
than that provided for in the notice of election.	271

When the electors of a subdivision have approved a tax levy	272
under this section, the taxing authority of the subdivision may	273
anticipate a fraction of the proceeds of the levy and issue	274
anticipation notes in accordance with section 5705.191 or 5705.193	275
of the Revised Code.	276

Section 2. That existing section 5705.19 of the Revised Code	277
is hereby repealed.	278