Bill Text: OH SB95 | 2013-2014 | 130th General Assembly | Introduced

Ohio Senate Bill 95 (Prior Session Legislation)

Introduced

Bill Title: To authorize county commissioners to place the question of a property tax on the ballot for the purpose of providing funding to the probate court of the county to provide services for mentally ill or mentally incompetent adults in or from the county.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-03-28 - To Ways & Means [SB95 Detail]

Download: Ohio-2013-SB95-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 95

Senator Hughes

Cosponsor: Senator Kearney

A BILL

To amend section 5705.19 and to enact section 307.059

of the Revised Code to authorize county

commissioners to place the question of a property

tax on the ballot for the purpose of providing

funding to the probate court of the county to

provide services for mentally ill or mentally

incompetent adults in or from the county.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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;

(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;

(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