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H. J. R. No. 5 As Adopted by the Senate
As Adopted by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Hottinger, Peterson, Skindell, Bacon, Bolon, Boyd, Brown, Budish, Chandler, Core, Driehaus, Evans, Flowers, Garrison, Gardner, Hagan, R., Hite, Jones, McGregor, R., Mecklenborg, Patton, Redfern, Schlichter, Stewart, D., Strahorn, Yates, Adams, Aslanides, Beatty, Blessing, Brady, Brinkman, Celeste, Collier, Combs, DeBose, DeGeeter, Dodd, Dolan, Domenick, Dyer, Fende, Foley, Gibbs, Goyal, Hagan, J., Harwood, Heard, Hughes, Letson, Luckie, Lundy, Mallory, McGregor, J., Newcomb, Oelslager, Raussen, Sayre, Schindel, Schneider, Setzer, Szollosi, Ujvagi, White, Williams, B., Yuko, Zehringer
Senators Carey, Cafaro, Sawyer, Wagoner, Fedor, Goodman, Grendell, Harris, Kearney, Morano, Niehaus, Padgett, Roberts, Schaffer, Seitz, Stivers, Spada, Boccieri, Miller, R., Wilson, Smith, Mason, Miller, D., Schuring
A JOINT RESOLUTION
| Proposing to enact Section 2q of Article VIII of the
Constitution of the State of Ohio to authorize the
issuance of general and other obligations of the
state to pay the costs relating to environmental
and related conservation, preservation, and
revitalization purposes.
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Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at the general election to
be held on November 4, 2008, a proposal to enact Section 2q of
Article VIII of the Constitution of the State of Ohio to read as
follows: |
2q. (A) It is determined and confirmed that the
environmental and related conservation, preservation, and
revitalization purposes referred to in divisions (A)(1) and (2) of
this section, and provisions for them, are proper public purposes
of the state and local governmental entities and are necessary and
appropriate means to improve the quality of life and the general
and economic well-being of the people of this state; to better
ensure the public health, safety, and welfare; to protect water
and other natural resources; to provide for the conservation and
preservation of natural and open areas and farmlands, including by
making urban areas more desirable or suitable for development and
revitalization; to control, prevent, minimize, clean up, or
remediate certain contamination of or pollution from lands in the
state and water contamination or pollution; to provide for safe
and productive urban land use or reuse; to enhance the
availability, public use, and enjoyment of natural areas and
resources; and to create and preserve jobs and enhance employment
opportunities. Those purposes are: |
(1) Conservation purposes, meaning conservation and
preservation of natural areas, open spaces, and farmlands and
other lands devoted to agriculture, including by acquiring land or
interests therein; provision of state and local park and
recreation facilities, and other actions that permit and enhance
the availability, public use, and enjoyment of natural areas and
open spaces in Ohio; and land, forest, water, and other natural
resource management projects; |
(2) Revitalization purposes, meaning providing for and
enabling the environmentally safe and productive development and
use or reuse of publicly and privately owned lands, including
those within urban areas, by the remediation or clean up, or
planning and assessment for remediation or clean up, of
contamination, or addressing, by clearance, land acquisition or
assembly, infrastructure, or otherwise, that or other property
conditions or circumstances that may be deleterious to the public
health and safety and the environment and water and other natural
resources, or that preclude or inhibit environmentally sound or
economic use or reuse of the property. |
(B) The General Assembly may provide by law, subject to the
limitations of and in accordance with this section, for the
issuance of bonds and other obligations of the state for the
purpose of paying costs of projects implementing those purposes. |
(1) Not more than two hundred million dollars principal
amount of obligations issued under this section for conservation
purposes may be outstanding in accordance with their terms at any
one time. Not more than fifty million dollars principal amount of
those obligations, plus the principal amount of those obligations
that in any prior fiscal year could have been but were not issued
within the fifty-million-dollar fiscal year limit, may be issued
in any fiscal year. Those obligations shall be general
obligations
of the state and the full faith and credit, revenue,
and taxing
power of the state shall be pledged to the payment of
debt service
on them as it becomes due, all as provided in this
section. |
(2) Not more than two hundred million dollars principal
amount of obligations issued under this section for revitalization
purposes may be outstanding in accordance with their terms at any
one time. Not more than fifty million dollars principal amount of
those obligations, plus the principal amount of those obligations
that in any prior fiscal year could have been but were not issued
within the fifty-million-dollar fiscal year limit, may be issued
in any fiscal year. Those obligations shall not be general
obligations of the state and the full faith and credit, revenue,
and taxing power of the state shall not be pledged to the payment
of debt service on them. Those obligations shall be secured by a
pledge of all or such portion of designated revenues and receipts
of the state as the General Assembly authorizes, including
receipts from designated taxes or excises, other state revenues
from sources other than state taxes or excises, such as from state
enterprise activities, and payments for or related to those
revitalization purposes made by or on behalf of local governmental
entities, responsible parties, or others. The general assembly
shall provide by law for prohibitions or restrictions on the
granting or lending of proceeds of obligations issued under
division (B)(2) of this section to parties to pay costs of cleanup
or remediation of contamination for which they are determined to
be responsible. |
(C) For purposes of the full and timely payment of debt
service on state obligations authorized by this section,
appropriate provision shall be made or authorized by law for bond
retirement funds, for the sufficiency and appropriation of state
excises, taxes, and revenues pledged to the debt service on the
respective obligations, for which purpose, notwithstanding Section
22 of Article II of the Ohio Constitution, no further act of
appropriation shall be necessary, and for covenants to continue
the levy, collection, and application of sufficient state excises,
taxes, and revenues to the extent needed for those purposes.
Moneys referred to in Section 5a of Article XII of the Ohio
Constitution may not be pledged or used for the payment of debt
service on those obligations. |
As used in this section, "debt service" means principal and
interest and other accreted amounts payable on the obligations
referred to. |
(D)(1) Divisions (B) and (C) of this section shall be
implemented in the manner and to the extent provided by the
General Assembly by law, including provision for procedures for
incurring, refunding, retiring, and evidencing state obligations
issued pursuant to this section. Each state obligation issued
pursuant to this section shall mature no later than the
thirty-first day of December of the twenty-fifth calendar year
after its issuance, except that obligations issued to refund or
retire other obligations shall mature not later than the
thirty-first day of December of the twenty-fifth calendar year
after the year in which the original obligation to pay was issued
or entered into. |
(2) In the case of the issuance of state obligations under
this section as bond anticipation notes, provision shall be made
by law or in the bond or note proceedings for the establishment,
and the maintenance during the period the notes are outstanding,
of special funds into which there shall be paid, from the sources
authorized for payment of the particular bonds anticipated, the
amount that would have been sufficient to pay the principal that
would have been payable on those bonds during that period if bonds
maturing serially in each year over the maximum period of maturity
referred to in division (D)(1) of this section had been issued
without the prior issuance of the notes. Those special funds and
investment income on them shall be used solely for the payment of
principal of those notes or of the bonds anticipated. |
(E) In addition to projects undertaken by the state, the
state may participate or assist, by grants, loans, loan
guarantees, or contributions, in the financing of projects for
purposes referred to in this section that are undertaken by local
governmental entities or by others, including, but not limited to,
not-for-profit organizations, at the direction or authorization of
local governmental entities. Obligations of the state issued
under
this section and the provisions for payment of debt service
on
them, including any payments by local governmental entities,
are
not subject to Sections 6 and 11 of Article XII of the Ohio
Constitution. Those obligations, and obligations of local
governmental entities issued for the public purposes referred to
in this section, and provisions for payment of debt service on
them, and the purposes and uses to which the proceeds of those
state or local obligations, or moneys from other sources, are to
be or may be applied, are not subject to Sections 4 and 6 of
Article VIII of the
Ohio Constitution. |
(F) The powers and authority granted or confirmed by and
under this section, and the determinations and confirmations in
this section, are independent of, in addition to, and not in
derogation of or a limitation on, powers, authority,
determinations, or confirmations under laws, charters, ordinances,
or resolutions, or by or under other provisions of the Ohio
Constitution including, without limitation, Section 36 of Article
II, Sections 2i, 2l, 2m, 2o, and 13 of Article VIII, and Articles
X
and XVIII, and do not impair any previously adopted provision of
the Ohio Constitution or any law previously enacted by the General
Assembly. |
(G) Obligations issued under this section, their transfer,
and the interest, interest equivalent, and other income or
accreted amounts on them, including any profit made on their sale,
exchange, or other disposition, shall at all times be free from
taxation within the state. |
If adopted by a majority of the electors voting on this
proposal, the amendment shall take effect immediately. |
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