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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 117 |
REPRESENTATIVES TERWILLEGER-BRADING-FOX-OPFER
A BILL
To amend sections 1711.081, 1711.15, and 1711.16 of the Revised
Code to authorize the board of county commissioners of a county
in which there exists a county agricultural society to
appropriate any amount the board considers necessary
for the
purchase of a site for holding fairs, the erection of buildings
or other improvements on such a site, or payments of rent or
other forms of indebtedness of the agricultural
society, and to
remove the requirement that the question of a tax levy be
submitted to the qualified electors of a county in which the
board appropriates more than fifty thousand dollars in one year
for those
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1711.081, 1711.15, and 1711.16 of the Revised Code be
amended to read as follows:
Sec. 1711.081. The positions of members of the board of directors, officers,
and employees of a county or independent agricultural society are not public
offices, and persons holding such THOSE positions are eligible
to hold any public
office except for the office of county commissioner. A member of the county
budget commission is eligible to be a member of the board of directors of a
county or AN independent agricultural society unless a tax is
levied in the county pursuant to section 1711.15 or 1711.17 of the
Revised Code.
Sec. 1711.15. In any county in which there is a duly
organized county agricultural society, the board of county
commissioners may purchase or lease, for a term of not less than
twenty years, real estate on which to hold fairs under the
management and control of the county agricultural society, and
may erect thereon suitable buildings and otherwise improve it.
In counties in which there is a county agricultural society
which THAT has purchased, or leased, for a term of not less than
twenty years, real estate as a site on which to hold fairs or in
which the title to such THE site is vested in fee in the county,
the board may erect or repair buildings or otherwise improve such
THE site and pay the rental thereof, or contribute to or pay any
other form of indebtedness of the society, if the director of
agriculture has certified to the board that the county
agricultural society is complying with all laws and rules
governing the operation of county agricultural societies. The
board may appropriate from the general fund such an ANY amount
as THAT it deems CONSIDERS necessary for any of
those purposes. If the amount
appropriated to be expended in the purchase of such real estate
or in the erection of buildings or other improvements or payments
of rent or other forms of indebtedness of the society exceeds
fifty thousand dollars in any one year, such expenditure shall
not be made unless the question of a levy of the tax therefor is
submitted to the qualified electors of the county at a general
election, a notice of which, specifying the amount to be levied,
has been given at least thirty days previous to such election.
This notice shall be given either by publishing it in one or more
newspapers published and of general circulation in the county, or
by mailing or otherwise distributing it to each elector in the
county as far as is reasonably possible. The board shall pass a
resolution authorizing the submission of the question to the
electors and certify their action to the board of elections of
the county which shall prepare and furnish the necessary ballots
and other supplies. Such certification shall be made to the
board of elections not later than four p.m. of the seventy-fifth
day before the day of election. The form of the ballots cast at
such election shall be:
"Agricultural tax--Yes."
"Agricultural tax--No."
If the majority of the vote cast is in favor of such tax,
it may be levied and collected as other taxes.
The requirement that the question of a tax levy be
submitted to the electors shall not apply where the funds to be
expended have been received as reparation for damage to the
fairground caused by use thereof for military purposes, or as
insurance proceeds received in payment for property damaged or
destroyed by fire or any other cause.
Sec. 1711.16. When the control and management of a fairground is in a county
agricultural society, and the board of county commissioners has appropriated
an amount or levied a tax for the aid of such THE society
as provided in section
1711.15 of the Revised Code, the society, with the consent of the board, may
contract for the erection or repair of buildings or otherwise improve said
site THE FAIRGROUND, to the extent that the payment for said
THE improvement is provided by said THE board.
When such THE appropriation is made by the board or when such
tax is collected by the county treasurer, the county auditor shall place
the proceeds in a special
fund, designated the "county agricultural society fund," indicating the
purpose for which it is available, and on. ON
application of the treasurer of the society, said THE auditor
shall issue his AN order for the amount of such
THE appropriation or tax to said THE treasurer of
the society, if the society has
secured the certificate required under section 1711.05 of the Revised Code, on
said THE treasurer's filing with said THE auditor
a bond in double the amount
collected, with good and sufficient sureties approved by said
THE auditor,
conditioned for the satisfactory paying over and accounting of such
THE funds for
the purposes for which they were provided. Said THE funds shall
remain in the
special fund in which they are placed by said THE auditor until
they are applied
or by the treasurer of the society and such THE bond is given,
or until they are
expended by the board for the purposes for which said THE fund
was created. If such THE society ceases to exist or releases
said THE fund as not required for the
purposes for which the fund was created, the board may by resolution transfer
said THE fund to the general fund of the county.
Section 2. That existing sections 1711.081, 1711.15, and 1711.16 of the
Revised Code are hereby repealed.
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