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H. B. No. 338As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Core, Calvert, Sullivan, Allen, Webster, Husted, Lendrum, Kearns, Hollister, Kilbane
A BILL
To amend sections 1515.02, 1515.15, and 1515.24 and
to
repeal sections 1515.25, 1515.26, and 1515.27
of
the Revised Code to eliminate the authority for
referendums on assessments levied for improvements
under the soil and water conservation statutes,
and
to require that property
owners be
notified of
uniform assessments
under those statutes by first
class mail in
lieu of
notification
by publication.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1515.02, 1515.15, and 1515.24 of
the Revised Code be
amended
to read as follows:
Sec. 1515.02. There is hereby established in the
department
of natural resources the Ohio soil and water
conservation
commission. The commission shall consist of seven
members of
equal status and authority, four of whom shall be
appointed by the
governor with the advice and consent of the
senate, and one of
whom shall be designated by resolution of the
board of directors
of the Ohio federation of soil and water
conservation districts.
The other two members shall be the
director of agriculture and the
vice-president for agricultural
administration of the Ohio state
university. The director of
natural resources may participate in
the deliberations of the
commission, but without the power to
vote. A vacancy in the
office of an appointed member shall be
filled by the governor,
with the advice and consent of the senate.
Any member appointed
to fill a vacancy occurring prior to the
expiration of the term
for which
his
the member's predecessor was
appointed shall hold
office for the remainder of
such
that term.
Of the appointed members, two shall be
farmers and all shall be
persons who have a knowledge of or
interest in the natural
resources of the state. Not more than
two of the appointed
members shall be members of the same
political party. Terms of office of the member designated by the board of
directors of the federation and the members appointed by the
governor shall be for four years, commencing on the first day of
July and ending on the thirtieth day of June. Each appointed member shall hold office from the date of
his
appointment until the end of the term for which
he
the member was
appointed. Any appointed member shall continue in office
subsequent to the expiration date of
his
the member's term until
his
the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first. The commission shall organize by selecting from its members
a
chairman
chairperson and a
vice-chairman
vice-chairperson. The
commission shall hold at
least one regular meeting in each quarter
of each calendar year
and shall keep a record of its proceedings,
which shall be open to
the public for inspection. Special
meetings may be called by the
chairman
chairperson and shall be
called by
him
the chairperson upon receipt of a written request
signed
by two or more
members of the commission. Written notice
of the
time and place of each
meeting shall be sent to each member
of the
commission. A majority of the
commission
shall constitute
a
quorum. The commission may adopt rules as necessary to carry out
the
purposes of
Chapter 1515. of the Revised Code
this chapter,
subject to
Chapter 119. of the Revised Code. The governor may remove any appointed member of the
commission at any time for inefficiency, neglect of duty, or
malfeasance in office, after giving to the member a copy of the
charges against
him
the member and an opportunity to be heard
publicly in person or by counsel in
his
the member's defense.
Any
such act of removal by the governor is final. A statement of the
findings
of the
governor, the reason for
his
the governor's
action, and the
answer, if any, of the member shall be filed by
the governor with the
secretary of
state and shall be open to
public inspection. All members of the commission shall be reimbursed for the
necessary expenses incurred by them in the performance of their
duties as members. Upon recommendation by the commission, the director of
natural resources shall designate an executive secretary and
provide staff necessary to carry out the powers and duties of the
commission. The commission may utilize the services of such
staff
members in the college of agriculture of the Ohio state
university
as may be agreed upon by the commission and the
college. The commission shall
have the following duties and powers
do
all of the following: (A)
To determine
Determine distribution of funds under
section
1515.14 of the Revised Code,
to recommend to the director
of
natural resources and other agencies the levels of
appropriations
to special funds established to assist soil and
water
conservation districts, and
to recommend the amount of
federal
funds to be requested and policies for the use of such
funds in
support of soil and water conservation district programs; (B)
To assist
Assist in keeping the supervisors of soil and
water
conservation districts informed of their powers and duties,
program opportunities, and the activities and experience of all
other districts, and
to facilitate the interchange of advice,
experience, and cooperation between
such
the districts; (C)
To seek
Seek the cooperation and assistance of the
federal
government or any of its agencies, and of agencies of this
state,
in the work of
such
the districts; (D)
To adopt
Adopt appropriate rules governing the conduct of
referendums or elections provided for in
Chapter 1515. of the
Revised Code
this chapter, subject to Chapter 119. of the Revised
Code,
provided that only owners and occupiers of lands situated
within
the boundaries of the districts or proposed districts to
which
the
referendums or elections apply shall be eligible to vote
in
such referendums or
the elections; (E)
To recommend
Recommend to the director
of natural
resources
priorities for planning and construction of small
watershed
projects, and
to make recommendations to the director
of
natural
resources concerning coordination of programs as proposed
and
implemented in agreements with soil and water conservation
districts; (F)
To recommend
Recommend to the director
of natural
resources, the
governor, and the general assembly programs and
legislation with
respect to the operations of soil and water
conservation
districts
which
that will encourage proper soil,
water, and other
natural resource management and promote the
economic and social
development of the state.
Sec. 1515.15. A board of county commissioners may apply to
the Ohio soil and water conservation commission for an advance of
moneys from the soil and water conservation fund, which is hereby
created in the state treasury, to enable
such
a soil and water
conservation district to pay all
or part of the cost of surveys
and plans, appraisals, estimates
of cost, land options, and other
incidental expenses of
constructing works of improvement for
a
soil and water
conservation
the district. The commission shall
consider
such
the application and shall recommend an amount of
moneys reasonably
needed for
such
that purpose. The order of the commission recommending the amount of
such
the moneys needed shall be certified to the controlling board.
The
controlling board shall then determine the amount to be
advanced
to the county and shall certify its action to the
director of
budget and management for payment. All such amounts received by any such district shall be
repaid by the board of county commissioners to the state
immediately upon the receipt by the board of funds from the sale
of bonds or from other sources
which
that may be used for that
purpose, or in such number of equal annual installments, not
exceeding five, and commencing at such time, as shall be
specified
in the order of the commission. Upon receipt of sufficient and satisfactory evidence that
the
board and district have proceeded in good faith and
If an
unfavorable
referendum or court decision has denied the work of
improvement, the controlling board, upon
receipt of sufficient and
satisfactory evidence that the board and district have proceeded
in good faith and the recommendation of the
commission, shall
relieve the board or district of its repayment
obligation.
Sec. 1515.24.
(A) Upon receipt of a certification made by
the
supervisors of a soil and water conservation district pursuant
to
section 1515.20 of the Revised Code, the board of county
commissioners may levy upon the property within the project area
an assessment at a uniform or varied rate based upon the benefit
to the area certified by the supervisors, as necessary to pay the
cost of construction of the improvement not otherwise funded and
to repay advances made for purposes of the improvement from the
fund created by section 1515.15 of the Revised Code. The board
of
county commissioners shall direct the person or authority
preparing assessments to give primary consideration, in
determining a parcel's estimated assessments relating to the
disposal of water, to the potential increase in productivity that
the parcel may experience as a result of the improvement and also
to give consideration to the amount of water disposed of, the
location of the property relative to the project, the value of
the
project to the watershed, and benefits as defined in section
6131.01 of the
Revised Code. The part
of the assessment that is
found to benefit state, county, or
township
roads or highways or
municipal streets shall be assessed against
the state, county,
township, or municipal corporation,
respectively, payable from
motor vehicle revenues. The
part of the assessment that is found
to benefit property
owned by any
public corporation, any political
subdivision of the state, or
the state shall be assessed against
the public corporation, the
political subdivision, or the state
and shall be paid out of the
general funds or motor vehicle
revenues of the public
corporation, the political subdivision of
the state, or the
state, except as otherwise provided by law.
(B) The assessment shall
be certified to the county auditor
and by the county
auditor to the county
treasurer. The collection
of the assessment shall conform
in
all matters to Chapter 323. of
the Revised Code.
Any (C)
Any land owned
and managed by the department of natural
resources for wildlife,
recreation, nature preserve, or forestry
purposes is exempt from
assessments if the director of natural
resources determines that
the land derives no benefit from the
improvement. In making such
a determination, the director shall
consider the purposes for
which the land is owned and managed and
any relevant articles of
dedication or existing management plans
for the land. If the
director determines that the land derives no
benefit from the
improvement, the director shall notify the board
of county
commissioners,
within thirty days after receiving the
assessment notification
required by this section, indicating that
the director has
determined that
the land is to be exempt and
explaining the specific reason
for
making this determination. The
board of county commissioners, within thirty
days after receiving
the director's exemption
notification, may appeal the
determination to the
court of common
pleas. If the court of
common pleas finds in favor of the board
of county commissioners,
the department of natural resources
shall pay all court costs and
legal fees. If the assessment is to be made at a varied rate, the
(D)(1)
The board shall give notice by first class mail to every public
and
private property owner whose property is subject to
assessment, at the
tax mailing or other known address of the
owner. The notice shall contain a
statement of the amount to be
assessed against the property of the addressee, a description of
the method used to determine the necessity for and the amount of
the proposed assessment,
and a statement
that the addressee may
file an
objection in writing at the office
of the board of county
commissioners within thirty days after the
mailing of notice. If
the residence of any owner cannot be
ascertained, or if any
mailed
notice is returned undelivered, the
board shall publish
the notice
to all such owners in a newspaper
of general
circulation within
the project area, at least once each
week for
three weeks, which
notice shall include the information
contained
in the mailed
notice, but shall state that the owner may
file
an objection in
writing at the office of the board of county
commissioners within
thirty days after the last publication of
the
notice.
(2) Upon receipt of objections as provided in this section,
the
board shall proceed within thirty days to hold a final hearing
on the objections by fixing a date and giving notice by
first
class mail to the objectors at the address
provided in filing
the
objection. If any mailed notice is returned
undelivered, the
board shall give due notice to the objectors in a newspaper
of
general circulation in the project area, stating the time, place,
and purpose of the hearing. Upon hearing the objectors, the board
may amend and shall approve the final schedule of assessments by
journal entry. (3) Any owner whose objection is not allowed may appeal
within
thirty days to the court of common pleas of the county in
which
the property is located.
(4) After final notice is provided by mail or publication,
or after the final disposition of an appeal in which the
imposition of assessments is upheld, the board of county
commissioners shall make an order approving the levying of the
assessment and proceed under section 6131.23 of the Revised Code. (5) The county treasurer shall deposit the proceeds of the
assessment in the fund designated by the board and shall report to
the county auditor the amount of money from the assessment that is
collected by the treasurer. Moneys shall be expended from the
fund for purposes of the improvement. (E) Any moneys collected in excess of the amount needed for
construction of the improvement and the subsequent first year's
maintenance may be maintained in a fund to be used for
maintenance
of the improvement. In any year subsequent to a year
in which an
assessment for construction of an improvement levied
under this
section has been collected, and upon determination by
the board of
county commissioners that funds are not otherwise
available for
maintenance or repair of the improvement, the board
shall levy on
the property within the project area an
assessment for maintenance
at a uniform percentage of all
construction costs based upon the
assessment schedule used in
determining the construction
assessment. The assessment is not
subject to the provisions
concerning notice and petition
contained in
this section
1515.25
of the Revised
Code. An assessment for
maintenance shall not be
levied in any year in which
the
unencumbered balance of funds
available for maintenance of the
improvement exceeds twenty per
cent of the cost of
construction
of
the improvement, except that
the board may adjust the level of
assessment within the twenty per
cent limitation, or suspend
temporarily the levying of an
assessment, for maintenance
purposes
as maintenance funds are
needed. For the purpose of levying an assessment for
maintenance of
an improvement, a board may use the procedures
established in
Chapter 6137. of
the Revised
Code regarding maintenance of
improvements as defined in section 6131.01 of the
Revised
Code in
lieu of using the
procedures established under this section. (F) The board of county commissioners may issue bonds and
notes
as authorized by section 131.23 or 133.17 of the Revised
Code.
Section 2. That existing sections 1515.02, 1515.15, and
1515.24 and sections 1515.25,
1515.26, and 1515.27 of the Revised
Code are
hereby repealed.
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