The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate*
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 368 |
REPRESENTATIVES MOTTLEY-CORBIN-OLMAN-GARCIA-OPFER-TERWILLEGER-
O'BRIEN-COLONNA-REID-THOMPSON-PADGETT-LEWIS-
BRADING-BUCHY-MEAD-
SENATOR GARDNER
A BILL
To amend section 5705.19 of the Revised Code to specify that property taxes
levied for the purpose of collecting and disposing of
garbage or refuse may be
used for collecting and disposing of yard
waste.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5705.19 of the Revised Code be amended to read as
follows:
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to the board of elections not less than seventy-five days before
the election upon which it will be voted that the amount of taxes
that may be raised within the ten-mill limitation will be
insufficient to provide for the necessary requirements of the
subdivision and that it is necessary to levy a tax in excess of
that limitation for any of the following purposes:
(A) For current expenses of the subdivision, except that
the total levy for current expenses of a detention home district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections 2151.34
and 2151.65 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over the limitation of one mill prescribed in section 3349.13 of
the Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
fire-fighting
companies to operate the same, including the payment of the
firefighters employer's contribution required under section
742.34 of
the Revised Code, or to purchase ambulance equipment, or to
provide ambulance, paramedic, or other emergency medical services
operated by a fire department or fire-fighting company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, and other equipment used directly in
the operation of a police department, or the payment of salaries
of permanent police personnel, including the payment of the
police employer's contribution required under section
742.33
of the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or to provide
ambulance or emergency medical services operated by a police
department;
(K) For the maintenance and operation of a county home;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention homes, forestry camps, or
other facilities, or any combination thereof established under
section 2151.34 or 2151.65 of the Revised Code or both of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and facilities;
(Q) For the purpose of purchasing, acquiring,
constructing, enlarging, improving, equipping, repairing,
maintaining, or operating, or any combination of the foregoing, a
county transit system pursuant to sections 306.01 to 306.13 of
the Revised Code, or to make any payment to a board of county commissioners
operating a transit system or a county transit
board pursuant to section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or constructing any schools, forestry camps, detention homes, or
other facilities, or any combination thereof under section
2151.34 or 2151.65 of the Revised Code or both of those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage or refuse, INCLUDING YARD WASTE;
(W) For the payment of the police employer's
contribution or the firefighters employer's contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or facilities as authorized by section 307.694, 307.85, 505.70,
505.706, or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system, as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15 of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the cost of constructing, maintaining, repairing, or operating a
water supply improvement;
(HH) For a board of township trustees to acquire, other
than by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has such an interest, not for purposes of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as protecting or
presenting "greenspace" in the resolution, notice of election, or ballot form;
(II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in division
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold agricultural fairs.
This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or maintaining sidewalks,
walkways, trails, bicycle pathways, or similar improvements, or acquiring
ownership interests in land necessary for the foregoing improvements, by a
board of township trustees;
(PP) For both of the purposes set forth in divisions (G) and (OO) of this
section. This division applies only to a township.
The resolution shall be confined to the purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose thereof, and the
number of years during which the increase in rate shall be in
effect, which may or may not include a levy upon the duplicate of
the current year. The number of years may be any number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following, the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention home
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.34 and 2151.65 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention homes,
forestry camps, or other facilities, or any combination thereof,
established under section 2151.34 or 2151.65 of the Revised Code
or under both of those sections.
(3) When the additional rate is for any of the following,
the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U),
or (KK) of this section;
(b) For the maintenance and operation of a joint
recreation district;
(c) A levy imposed by a township for the purposes set
forth in division (G) of this section.
(4) When the increase is for the purpose set forth in
division (D) or (CC) of this section or for both of the purposes set forth in
divisions (G) and (OO) of this section, the tax levy may be for any
specified number of years or for a continuing period of time, as
set forth in the resolution.
(5) When the additional rate is for the purpose described
in division (Z) of this section, the increased rate shall be for
any number of years not exceeding ten.
A levy for the purposes set forth in division (I), (J), or
(U) of this section, and a levy imposed by a township for the
purposes set forth in division (G) of this section, may be
reduced pursuant to section 5705.261 or 5705.31 of the Revised
Code. A levy for the purposes set forth in division (I), (J), or
(U) of this section, and a levy imposed by a township for the
purposes set forth in division (G) of this section, may also be
terminated or permanently reduced by the taxing authority if it
adopts a resolution stating that the continuance of the levy is
unnecessary and the levy shall be terminated or that the millage
is excessive and the levy shall be decreased by a designated
amount.
A resolution of a detention home district, a district
organized under section 2151.65 of the Revised Code, or a
combined district organized under both sections 2151.34 and
2151.65 of the Revised Code may include both current expenses and
other purposes, provided that the resolution shall apportion the
annual rate of levy between the current expenses and other
purpose or purposes. The apportionment need not be the same for
each year of the levy, but the respective portions of the rate
actually levied each year for the current expenses and the other
purpose or purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a sewer district or subdistrict created under Chapter 6117. of
the Revised Code, by resolution declares it necessary to levy a
tax in excess of the ten-mill limitation for the purpose of
constructing, improving, or extending sewage disposal plants or
sewage systems, the tax may be in effect for any number of years
not exceeding twenty, and the proceeds thereof, notwithstanding
the general provisions of this section, may be used to pay debt
charges on any obligations issued and outstanding on behalf of
the subdivision for the purposes enumerated in this paragraph,
provided that any such obligations have been specifically
described in the resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193 of the Revised Code.
Section 2. That existing section 5705.19 of the Revised Code is hereby
repealed.
Section 3. In adopting this act, the General Assembly intends, to the extent
permitted by the Ohio Constitution, to expand the permitted use of the
proceeds of a levy adopted under division (V) of section 5705.19 of the
Revised Code for all levies under that division in effect on or after the
effective date of this act without the need for further action by the electors
of the subdivision with such a levy in effect. The procedure in this section
may be used by a taxing district that is concerned that prior elector approval
may be required by the Ohio Constitution to make this change with regard to an
existing levy.
The taxing authority of any subdivision that, on
the effective date of this section, levies a tax for the purpose
of providing for the collection and disposal of garbage or
refuse under division (V) of section 5705.19 of the Revised Code
as it existed immediately prior to that effective date may
submit a question to the electors of the subdivision proposing
to include the collection and disposal of yard waste among the
purposes for which that tax may be applied, as authorized by
section 5705.19 of the Revised Code as amended by this act. The
taxing authority shall adopt a resolution proposing the
question, and shall certify a copy of the resolution to the
proper board of elections not less than seventy-five days prior
to the day of the primary, special, or general election at which
the question is to appear on the ballot. The board of elections
shall make the necessary arrangements for the submission of the
question to the electors of the subdivision, and the election
shall be conducted, canvassed, and certified in the manner
otherwise prescribed by section 5705.25 of the Revised Code,
including publication of the notice of the election, except that
the notice shall indicate the purpose of the election and shall
state the time and place of the election.
The form of the ballot cast at an election held pursuant to this
section shall be as follows:
"Shall revenue from the tax currently being levied by
.......... (insert the name of the subdivision) for the purpose
of collecting and disposing of garbage or refuse be used also
for the collection and disposal of yard waste?
Approval of this question will not increase the rate at which
the tax currently is levied.
|
| |
| For the proposal | |
|
| |
| Against the proposal | |
|
| " |
The question shall be submitted as a separate proposition but
may be printed on the same ballot with any other proposition
submitted at the same election, other than the election of
officers.
|