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| To amend section 5705.19 and to enact section 307.059 | 1 |
| of the Revised Code to authorize county | 2 |
| commissioners to place the question of a property | 3 |
| tax on the ballot for the purpose of providing | 4 |
| funding to the probate court of the county to | 5 |
| provide services for mentally ill or mentally | 6 |
| incompetent adults in or from the county. | 7 |
| Section 1. That section 5705.19 be amended and section | 8 |
| 307.059 of the Revised Code be enacted to read as follows: | 9 |
| Sec. 307.059. The board of county commissioners of a county | 10 |
| may submit to the electors of the county the question of levying a | 11 |
| tax for the purpose specified in division (YY) of section 5705.19 | 12 |
| of the Revised Code. | 13 |
| If a majority of electors in the county who vote on the | 14 |
| question approve the question of the tax levy, the proceeds of the | 15 |
| levy shall be credited to a special fund created in the county | 16 |
| treasury to be known as the probate court mental health fund. All | 17 |
| money in the fund shall be appropriated by the board of county | 18 |
| commissioners to the probate court without itemization exclusively | 19 |
| for the use of the probate court to provide or fund services for | 20 |
| mentally ill or mentally incompetent adults in or from the county. | 21 |
| The board of county commissioners may anticipate a fraction | 22 |
| of the proceeds of the levy and issue anticipation notes as | 23 |
| authorized by section 5705.191 of the Revised Code for a current | 24 |
| expense levy with a fixed term, and may anticipate the collection | 25 |
| of current revenue under section 133.10 of the Revised Code. The | 26 |
| board shall credit all money collected from the issuance in the | 27 |
| same manner as revenue from the tax under this section. | 28 |
| Sec. 5705.19. This section does not apply to school | 29 |
| districts or county school financing districts. | 30 |
| The taxing authority of any subdivision at any time and in | 31 |
| any year, by vote of two-thirds of all the members of the taxing | 32 |
| authority, may declare by resolution and certify the resolution to | 33 |
| the board of elections not less than ninety days before the | 34 |
| election upon which it will be voted that the amount of taxes that | 35 |
| may be raised within the ten-mill limitation will be insufficient | 36 |
| to provide for the necessary requirements of the subdivision and | 37 |
| that it is necessary to levy a tax in excess of that limitation | 38 |
| for any of the following purposes: | 39 |
| (A) For current expenses of the subdivision, except that the | 40 |
| total levy for current expenses of a detention facility district | 41 |
| or district organized under section 2151.65 of the Revised Code | 42 |
| shall not exceed two mills and that the total levy for current | 43 |
| expenses of a combined district organized under sections 2151.65 | 44 |
| and 2152.41 of the Revised Code shall not exceed four mills; | 45 |
| (B) For the payment of debt charges on certain described | 46 |
| bonds, notes, or certificates of indebtedness of the subdivision | 47 |
| issued subsequent to January 1, 1925; | 48 |
| (C) For the debt charges on all bonds, notes, and | 49 |
| certificates of indebtedness issued and authorized to be issued | 50 |
| prior to January 1, 1925; | 51 |
| (D) For a public library of, or supported by, the subdivision | 52 |
| under whatever law organized or authorized to be supported; | 53 |
| (E) For a municipal university, not to exceed two mills over | 54 |
| the limitation of one mill prescribed in section 3349.13 of the | 55 |
| Revised Code; | 56 |
| (F) For the construction or acquisition of any specific | 57 |
| permanent improvement or class of improvements that the taxing | 58 |
| authority of the subdivision may include in a single bond issue; | 59 |
| (G) For the general construction, reconstruction, | 60 |
| resurfacing, and repair of streets, roads, and bridges in | 61 |
| municipal corporations, counties, or townships; | 62 |
| (H) For parks and recreational purposes; | 63 |
| (I) For the purpose of providing and maintaining fire | 64 |
| apparatus, appliances, buildings, or sites therefor, or sources of | 65 |
| water supply and materials therefor, or the establishment and | 66 |
| maintenance of lines of fire alarm telegraph, or the payment of | 67 |
| firefighting companies or permanent, part-time, or volunteer | 68 |
| firefighting, emergency medical service, administrative, or | 69 |
| communications personnel to operate the same, including the | 70 |
| payment of any employer contributions required for such personnel | 71 |
| under section 145.48 or 742.34 of the Revised Code, or the | 72 |
| purchase of ambulance equipment, or the provision of ambulance, | 73 |
| paramedic, or other emergency medical services operated by a fire | 74 |
| department or firefighting company; | 75 |
| (J) For the purpose of providing and maintaining motor | 76 |
| vehicles, communications, other equipment, buildings, and sites | 77 |
| for such buildings used directly in the operation of a police | 78 |
| department, or the payment of salaries of permanent or part-time | 79 |
| police, communications, or administrative personnel to operate the | 80 |
| same, including the payment of any employer contributions required | 81 |
| for such personnel under section 145.48 or 742.33 of the Revised | 82 |
| Code, or the payment of the costs incurred by townships as a | 83 |
| result of contracts made with other political subdivisions in | 84 |
| order to obtain police protection, or the provision of ambulance | 85 |
| or emergency medical services operated by a police department; | 86 |
| (K) For the maintenance and operation of a county home or | 87 |
| detention facility; | 88 |
| (L) For community mental retardation and developmental | 89 |
| disabilities programs and services pursuant to Chapter 5126. of | 90 |
| the Revised Code, except that the procedure for such levies shall | 91 |
| be as provided in section 5705.222 of the Revised Code; | 92 |
| (M) For regional planning; | 93 |
| (N) For a county's share of the cost of maintaining and | 94 |
| operating schools, district detention facilities, forestry camps, | 95 |
| or other facilities, or any combination thereof, established under | 96 |
| section 2151.65 or 2152.41 of the Revised Code or both of those | 97 |
| sections; | 98 |
| (O) For providing for flood defense, providing and | 99 |
| maintaining a flood wall or pumps, and other purposes to prevent | 100 |
| floods; | 101 |
| (P) For maintaining and operating sewage disposal plants and | 102 |
| facilities; | 103 |
| (Q) For the purpose of purchasing, acquiring, constructing, | 104 |
| enlarging, improving, equipping, repairing, maintaining, or | 105 |
| operating, or any combination of the foregoing, a county transit | 106 |
| system pursuant to sections 306.01 to 306.13 of the Revised Code, | 107 |
| or of making any payment to a board of county commissioners | 108 |
| operating a transit system or a county transit board pursuant to | 109 |
| section 306.06 of the Revised Code; | 110 |
| (R) For the subdivision's share of the cost of acquiring or | 111 |
| constructing any schools, forestry camps, detention facilities, or | 112 |
| other facilities, or any combination thereof, under section | 113 |
| 2151.65 or 2152.41 of the Revised Code or both of those sections; | 114 |
| (S) For the prevention, control, and abatement of air | 115 |
| pollution; | 116 |
| (T) For maintaining and operating cemeteries; | 117 |
| (U) For providing ambulance service, emergency medical | 118 |
| service, or both; | 119 |
| (V) For providing for the collection and disposal of garbage | 120 |
| or refuse, including yard waste; | 121 |
| (W) For the payment of the police officer employers' | 122 |
| contribution or the firefighter employers' contribution required | 123 |
| under sections 742.33 and 742.34 of the Revised Code; | 124 |
| (X) For the construction and maintenance of a drainage | 125 |
| improvement pursuant to section 6131.52 of the Revised Code; | 126 |
| (Y) For providing or maintaining senior citizens services or | 127 |
| facilities as authorized by section 307.694, 307.85, 505.70, or | 128 |
| 505.706 or division (EE) of section 717.01 of the Revised Code; | 129 |
| (Z) For the provision and maintenance of zoological park | 130 |
| services and facilities as authorized under section 307.76 of the | 131 |
| Revised Code; | 132 |
| (AA) For the maintenance and operation of a free public | 133 |
| museum of art, science, or history; | 134 |
| (BB) For the establishment and operation of a 9-1-1 system, | 135 |
| as defined in section 5507.01 of the Revised Code; | 136 |
| (CC) For the purpose of acquiring, rehabilitating, or | 137 |
| developing rail property or rail service. As used in this | 138 |
| division, "rail property" and "rail service" have the same | 139 |
| meanings as in section 4981.01 of the Revised Code. This division | 140 |
| applies only to a county, township, or municipal corporation. | 141 |
| (DD) For the purpose of acquiring property for, constructing, | 142 |
| operating, and maintaining community centers as provided for in | 143 |
| section 755.16 of the Revised Code; | 144 |
| (EE) For the creation and operation of an office or joint | 145 |
| office of economic development, for any economic development | 146 |
| purpose of the office, and to otherwise provide for the | 147 |
| establishment and operation of a program of economic development | 148 |
| pursuant to sections 307.07 and 307.64 of the Revised Code, or to | 149 |
| the extent that the expenses of a county land reutilization | 150 |
| corporation organized under Chapter 1724. of the Revised Code are | 151 |
| found by the board of county commissioners to constitute the | 152 |
| promotion of economic development, for the payment of such | 153 |
| operations and expenses; | 154 |
| (FF) For the purpose of acquiring, establishing, | 155 |
| constructing, improving, equipping, maintaining, or operating, or | 156 |
| any combination of the foregoing, a township airport, landing | 157 |
| field, or other air navigation facility pursuant to section 505.15 | 158 |
| of the Revised Code; | 159 |
| (GG) For the payment of costs incurred by a township as a | 160 |
| result of a contract made with a county pursuant to section | 161 |
| 505.263 of the Revised Code in order to pay all or any part of the | 162 |
| cost of constructing, maintaining, repairing, or operating a water | 163 |
| supply improvement; | 164 |
| (HH) For a board of township trustees to acquire, other than | 165 |
| by appropriation, an ownership interest in land, water, or | 166 |
| wetlands, or to restore or maintain land, water, or wetlands in | 167 |
| which the board has an ownership interest, not for purposes of | 168 |
| recreation, but for the purposes of protecting and preserving the | 169 |
| natural, scenic, open, or wooded condition of the land, water, or | 170 |
| wetlands against modification or encroachment resulting from | 171 |
| occupation, development, or other use, which may be styled as | 172 |
| protecting or preserving "greenspace" in the resolution, notice of | 173 |
| election, or ballot form. Except as otherwise provided in this | 174 |
| division, land is not acquired for purposes of recreation, even if | 175 |
| the land is used for recreational purposes, so long as no | 176 |
| building, structure, or fixture used for recreational purposes is | 177 |
| permanently attached or affixed to the land. Except as otherwise | 178 |
| provided in this division, land that previously has been acquired | 179 |
| in a township for these greenspace purposes may subsequently be | 180 |
| used for recreational purposes if the board of township trustees | 181 |
| adopts a resolution approving that use and no building, structure, | 182 |
| or fixture used for recreational purposes is permanently attached | 183 |
| or affixed to the land. The authorization to use greenspace land | 184 |
| for recreational use does not apply to land located in a township | 185 |
| that had a population, at the time it passed its first greenspace | 186 |
| levy, of more than thirty-eight thousand within a county that had | 187 |
| a population, at that time, of at least eight hundred sixty | 188 |
| thousand. | 189 |
| (II) For the support by a county of a crime victim assistance | 190 |
| program that is provided and maintained by a county agency or a | 191 |
| private, nonprofit corporation or association under section 307.62 | 192 |
| of the Revised Code; | 193 |
| (JJ) For any or all of the purposes set forth in divisions | 194 |
| (I) and (J) of this section. This division applies only to a | 195 |
| township. | 196 |
| (KK) For a countywide public safety communications system | 197 |
| under section 307.63 of the Revised Code. This division applies | 198 |
| only to counties. | 199 |
| (LL) For the support by a county of criminal justice services | 200 |
| under section 307.45 of the Revised Code; | 201 |
| (MM) For the purpose of maintaining and operating a jail or | 202 |
| other detention facility as defined in section 2921.01 of the | 203 |
| Revised Code; | 204 |
| (NN) For purchasing, maintaining, or improving, or any | 205 |
| combination of the foregoing, real estate on which to hold | 206 |
| agricultural fairs. This division applies only to a county. | 207 |
| (OO) For constructing, rehabilitating, repairing, or | 208 |
| maintaining sidewalks, walkways, trails, bicycle pathways, or | 209 |
| similar improvements, or acquiring ownership interests in land | 210 |
| necessary for the foregoing improvements; | 211 |
| (PP) For both of the purposes set forth in divisions (G) and | 212 |
| (OO) of this section. | 213 |
| (QQ) For both of the purposes set forth in divisions (H) and | 214 |
| (HH) of this section. This division applies only to a township. | 215 |
| (RR) For the legislative authority of a municipal | 216 |
| corporation, board of county commissioners of a county, or board | 217 |
| of township trustees of a township to acquire agricultural | 218 |
| easements, as defined in section 5301.67 of the Revised Code, and | 219 |
| to supervise and enforce the easements. | 220 |
| (SS) For both of the purposes set forth in divisions (BB) and | 221 |
| (KK) of this section. This division applies only to a county. | 222 |
| (TT) For the maintenance and operation of a facility that is | 223 |
| organized in whole or in part to promote the sciences and natural | 224 |
| history under section 307.761 of the Revised Code. | 225 |
| (UU) For the creation and operation of a county land | 226 |
| reutilization corporation and for any programs or activities of | 227 |
| the corporation found by the board of directors of the corporation | 228 |
| to be consistent with the purposes for which the corporation is | 229 |
| organized; | 230 |
| (VV) For construction and maintenance of improvements and | 231 |
| expenses of soil and water conservation district programs under | 232 |
| Chapter 1515. of the Revised Code; | 233 |
| (WW) For the Ohio cooperative extension service fund created | 234 |
| under section 3335.35 of the Revised Code for the purposes | 235 |
| prescribed under section 3335.36 of the Revised Code for the | 236 |
| benefit of the citizens of a county. This division applies only to | 237 |
| a county. | 238 |
| (XX) For a municipal corporation that withdraws or proposes | 239 |
| by resolution to withdraw from a regional transit authority under | 240 |
| section 306.55 of the Revised Code to provide transportation | 241 |
| services for the movement of persons within, from, or to the | 242 |
| municipal corporation; | 243 |
| (YY) For a county to provide revenue to the probate court of | 244 |
| that county to provide services to mentally ill or mentally | 245 |
| incompetent adults in or from the county. | 246 |
| The resolution shall be confined to the purpose or purposes | 247 |
| described in one division of this section, to which the revenue | 248 |
| derived therefrom shall be applied. The existence in any other | 249 |
| division of this section of authority to levy a tax for any part | 250 |
| or all of the same purpose or purposes does not preclude the use | 251 |
| of such revenues for any part of the purpose or purposes of the | 252 |
| division under which the resolution is adopted. | 253 |
| The resolution shall specify the amount of the increase in | 254 |
| rate that it is necessary to levy, the purpose of that increase in | 255 |
| rate, and the number of years during which the increase in rate | 256 |
| shall be in effect, which may or may not include a levy upon the | 257 |
| duplicate of the current year. The number of years may be any | 258 |
| number not exceeding five, except as follows: | 259 |
| (1) When the additional rate is for the payment of debt | 260 |
| charges, the increased rate shall be for the life of the | 261 |
| indebtedness. | 262 |
| (2) When the additional rate is for any of the following, the | 263 |
| increased rate shall be for a continuing period of time: | 264 |
| (a) For the current expenses for a detention facility | 265 |
| district, a district organized under section 2151.65 of the | 266 |
| Revised Code, or a combined district organized under sections | 267 |
| 2151.65 and 2152.41 of the Revised Code; | 268 |
| (b) For providing a county's share of the cost of maintaining | 269 |
| and operating schools, district detention facilities, forestry | 270 |
| camps, or other facilities, or any combination thereof, | 271 |
| established under section 2151.65 or 2152.41 of the Revised Code | 272 |
| or under both of those sections. | 273 |
| (3) When the additional rate is for either of the following, | 274 |
| the increased rate may be for a continuing period of time: | 275 |
| (a) For the purposes set forth in division (I), (J), (U), or | 276 |
| (KK) of this section; | 277 |
| (b) For the maintenance and operation of a joint recreation | 278 |
| district. | 279 |
| (4) When the increase is for the purpose or purposes set | 280 |
| forth in division (D), (G), (H), (CC), or (PP) of this section, | 281 |
| the tax levy may be for any specified number of years or for a | 282 |
| continuing period of time, as set forth in the resolution. | 283 |
| (5) When the additional rate is for the purpose described in | 284 |
| division (Z) or (YY) of this section, the increased rate shall be | 285 |
| for any number of years not exceeding ten. | 286 |
| A levy for one of the purposes set forth in division (G), | 287 |
| (I), (J), or (U) of this section may be reduced pursuant to | 288 |
| section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 289 |
| the purposes set forth in division (G), (I), (J), or (U) of this | 290 |
| section may also be terminated or permanently reduced by the | 291 |
| taxing authority if it adopts a resolution stating that the | 292 |
| continuance of the levy is unnecessary and the levy shall be | 293 |
| terminated or that the millage is excessive and the levy shall be | 294 |
| decreased by a designated amount. | 295 |
| A resolution of a detention facility district, a district | 296 |
| organized under section 2151.65 of the Revised Code, or a combined | 297 |
| district organized under both sections 2151.65 and 2152.41 of the | 298 |
| Revised Code may include both current expenses and other purposes, | 299 |
| provided that the resolution shall apportion the annual rate of | 300 |
| levy between the current expenses and the other purpose or | 301 |
| purposes. The apportionment need not be the same for each year of | 302 |
| the levy, but the respective portions of the rate actually levied | 303 |
| each year for the current expenses and the other purpose or | 304 |
| purposes shall be limited by the apportionment. | 305 |
| Whenever a board of county commissioners, acting either as | 306 |
| the taxing authority of its county or as the taxing authority of a | 307 |
| sewer district or subdistrict created under Chapter 6117. of the | 308 |
| Revised Code, by resolution declares it necessary to levy a tax in | 309 |
| excess of the ten-mill limitation for the purpose of constructing, | 310 |
| improving, or extending sewage disposal plants or sewage systems, | 311 |
| the tax may be in effect for any number of years not exceeding | 312 |
| twenty, and the proceeds of the tax, notwithstanding the general | 313 |
| provisions of this section, may be used to pay debt charges on any | 314 |
| obligations issued and outstanding on behalf of the subdivision | 315 |
| for the purposes enumerated in this paragraph, provided that any | 316 |
| such obligations have been specifically described in the | 317 |
| resolution. | 318 |
| A resolution adopted by the legislative authority of a | 319 |
| municipal corporation that is for the purpose in division (XX) of | 320 |
| this section may be combined with the purpose provided in section | 321 |
| 306.55 of the Revised Code, by vote of two-thirds of all members | 322 |
| of the legislative authority. The legislative authority may | 323 |
| certify the resolution to the board of elections as a combined | 324 |
| question. The question appearing on the ballot shall be as | 325 |
| provided in section 5705.252 of the Revised Code. | 326 |
| The resolution shall go into immediate effect upon its | 327 |
| passage, and no publication of the resolution is necessary other | 328 |
| than that provided for in the notice of election. | 329 |
| When the electors of a subdivision or, in the case of a | 330 |
| qualifying library levy for the support of a library association | 331 |
| or private corporation, the electors of the association library | 332 |
| district, have approved a tax levy under this section, the taxing | 333 |
| authority of the subdivision may anticipate a fraction of the | 334 |
| proceeds of the levy and issue anticipation notes in accordance | 335 |
| with section 5705.191 or 5705.193 of the Revised Code. | 336 |
| Section 2. That existing section 5705.19 of the Revised Code | 337 |
| is hereby repealed. | 338 |