As Introduced* 1
122nd General Assembly 4
Regular Session S. B. No. 17 5
1997-1998 6
SENATOR NEIN 8
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A B I L L
To amend sections 145.56, 3307.71, 3309.66, 3316.06, 12
3316.08, 3317.08, 5505.22, 5705.214, 5748.01, and 13
5748.05, and to enact sections 5705.217,
5705.218, and 5748.08 of the Revised Code to 14
permit a school board to propose to the electors, 15
as one ballot question, a school district income 16
tax and bond issue, or a property tax for the 17
dual purposes of operating expenses and permanent
improvements, including issuing bonds for 18
permanent improvements, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 145.56, 3307.71, 3309.66, 22
3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5748.01, and 23
5748.05 be amended and sections 5705.217, 5705.218, and 5748.08 24
of the Revised Code be enacted to read as follows:
Sec. 145.56. The right of a person to a pension, an 33
annuity, or A retirement allowance itself, any optional benefit, 34
any other right accrued or accruing to any person, under sections 35
145.01 to 145.58 of the Revised Code, or of any municipal 36
retirement system established subject to such sections, under the 37
laws of this state or any charter, the various funds created by 38
sections 145.01 to 145.58 of the Revised Code, or under such 39
municipal retirement system, and all moneys and investments and 40
income thereof, are exempt from any state tax, except the tax 41
imposed by section 5747.02 of the Revised Code and are exempt 43
2
from any county, municipal, or other local tax, except taxes 44
imposed pursuant to section 5748.02 OR 5748.08 of the Revised 45
Code, and, except as provided in sections 145.57, 3111.23, and 47
3113.21 of the Revised Code, shall not be subject to execution, 48
garnishment, attachment, the operation of bankruptcy or the 49
insolvency laws, or other process of law, and shall be 50
unassignable except as specifically provided in sections 145.01 51
to 145.58, 3111.23, and 3113.21 of the Revised Code. 52
Sec. 3307.71. The right of a person to a pension, an 61
annuity, or A retirement allowance itself, any optional benefit, 63
any other right accrued or accruing to any person, under sections 64
3307.01 to 3307.74 of the Revised Code, OR the various funds 66
created by section 3307.65 of the Revised Code and all moneys and
investments and income thereof, are exempt from any state tax, 67
except the tax imposed by section 5747.02 of the Revised Code and 69
are exempt from any county, municipal, or other local tax, except 70
taxes imposed pursuant to section 5748.02 OR 5748.08 of the 71
Revised Code, and, except as provided in sections 3111.23, 73
3113.21, and 3307.72 of the Revised Code, shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy 74
or insolvency laws, or any other process of law whatsoever, and 75
shall be unassignable except as specifically provided in sections 76
3111.23, 3113.21, and 3307.01 to 3307.74 of the Revised Code. 77
Sec. 3309.66. The right of a person to a pension, an 86
annuity, or A retirement allowance itself, any optional benefit, 88
any other right accrued or accruing to any persons, under 89
sections 3309.01 to 3309.68 of the Revised Code, OR the various 91
funds created by section 3309.60 of the Revised Code and all
moneys and investments and income thereof, are exempt from any 92
state tax, except the tax imposed by section 5747.02 of the 93
Revised Code, and are exempt from any county, municipal, or other 94
local tax, except taxes imposed pursuant to section 5748.02 OR 95
5748.08 of the Revised Code, and, except as provided in sections 96
3111.23, 3113.21, and 3309.67 of the Revised Code, shall not be 97
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subject to execution, garnishment, attachment, the operation of 98
bankruptcy or insolvency laws, or any other process of law 99
whatsoever, and shall be unassignable except as specifically 100
provided in sections 3111.23, 3113.21, and 3309.01 to 3309.68 of 101
the Revised Code.
Sec. 3316.06. (A) Within sixty days after the first 111
meeting of a school district financial planning and supervision
commission, the commission shall adopt a financial recovery plan 112
regarding the school district for which the commission was 113
created. During the formulation of the plan, the commission 114
shall seek appropriate input from the school district board and 115
from the community. This plan shall contain the following:
(1) Actions to be taken to: 117
(a) Eliminate all fiscal emergency conditions declared to 120
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past due accounts payable, and 122
all past due and payable payroll and fringe benefits; 123
(c) Eliminate the deficits in all deficit funds; 125
(d) Restore to special funds any moneys from such funds 127
that were used for purposes not within the purposes of such 129
funds, or borrowed from such funds by the purchase of debt 130
obligations of the school district with the moneys of such funds, 131
or missing from the special funds and not accounted for, if any; 132
(e) Balance the budget, avoid future deficits in any 134
funds, and maintain on a current basis payments of payroll, 135
fringe benefits, and all accounts; 136
(f) Avoid any fiscal emergency condition in the future; 138
(g) Restore the ability of the school district to market 140
long-term general obligation bonds under provisions of law 141
applicable to school districts generally. 142
(2) The management structure that will enable the school 144
district to take the actions enumerated in division (A)(1) of 145
this section. The plan shall specify the level of fiscal and 146
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management control that the commission will exercise within the 147
school district during the period of fiscal emergency, and shall 148
enumerate respectively, the powers and duties of the commission 149
and the powers and duties of the school board during that period. 150
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 151
related to personnel, curriculum, and legal issues in order to 152
successfully implement the actions described in division (A)(1) 153
of this section.
(3) The target dates for the commencement, progress upon, 156
and completion of the actions enumerated in division (A)(1) of 157
this section and a reasonable period of time expected to be 158
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 160
the requirements for the plan, and the plan shall be consistent 161
with that time schedule.
(4) The amount and purpose of any issue of debt 163
obligations that will be issued, together with assurances that 164
any such debt obligations that will be issued will not exceed 165
debt limits supported by appropriate certifications by the fiscal 166
officer of the school district and the county auditor. If the 167
commission considers it necessary in order to maintain or improve 169
educational opportunities of pupils in the school district, the 170
plan may include a proposal to restructure or refinance 171
outstanding debt obligations incurred by the board contingent
upon the approval, during the period of the fiscal emergency, by 172
district voters of a tax levied under section 718.09, 718.10, 173
5705.194, 5705.21, or 5748.02, OR 5748.08 of the Revised Code. 175
Notwithstanding any provision of Chapter 133. or sections 176
3313.483 through 3313.4811 of the Revised Code, the restructuring 177
or refinancing may extend the original period for repayment, and 178
may alter the frequency and amount of repayments, interest or
other financing charges, and other terms of agreements under 179
which the debt originally was contracted, at the discretion of 180
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the commission, provided that any loans received pursuant to 181
section 3313.483 of the Revised Code shall be paid from funds the 182
district would otherwise receive under sections 3317.022 to 183
3317.025 of the Revised Code, as required under division (E)(3)
of section 3313.483 of the Revised Code. 184
(B) Any financial recovery plan may be amended subsequent 186
to its adoption. 187
Sec. 3316.08. During a school district's fiscal emergency 196
period, the auditor of state shall determine annually, or at any 197
other time upon request of the financial planning and supervision 199
commission, whether the school district will incur an operating 200
deficit. If the auditor of state determines that a school 201
district will incur an operating deficit, the auditor of state 202
shall certify that determination to the superintendent of public 203
instruction, the financial planning and supervision commission, 204
and the board of education of the school district. Upon 205
receiving the auditor of state's certification, the board of 206
education or commission shall adopt a resolution to submit a 207
ballot question proposing the levy of a tax under section 208
5705.194 or 5705.21 or Chapter 5748. of the Revised Code. Except 209
as otherwise provided in this division, the tax shall be levied 211
in the manner prescribed for a tax levied under section 5705.194 212
or 5705.21 or under Chapter 5748. of the Revised Code. The tax 213
shall be levied for the purpose of paying current operating 214
expenses of the school district. The question shall propose that 215
the tax be levied at the rate required to produce annual revenue 216
sufficient to eliminate the operating deficit as certified by the 217
auditor of state and to repay outstanding loans or other 218
obligations incurred by the board of education for the purpose of 219
reducing or eliminating operating deficits, as determined by the 220
financial planning and supervision commission. The rate of a tax 221
levied under section 5705.194 or 5705.21 of the Revised Code 222
shall be determined by the county auditor, and the rate of a tax 223
levied under section 5748.02 OR 5748.08 of the Revised Code shall 224
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be determined by the tax commissioner, upon the request of the 226
commission. The commission shall determine the election at which 227
the question of the tax shall appear on the ballot, and the board 228
of education or commission shall submit a copy of its resolution 229
to the board of elections not later than seventy-five days prior 230
to the day of that election. The board of elections conducting 231
the election shall certify the results of the election to the 232
board of education and to the financial planning and supervision 233
commission. 234
Sec. 3317.08. A board of education may admit to its 242
schools a child it is not required by section 3313.64 or 3313.65 243
of the Revised Code to admit, if tuition is paid for the child. 244
Unless otherwise provided by law, tuition shall be computed 246
in accordance with this section. A district's tuition charge for 247
a school year shall be one of the following: 248
(A) For any child, except a handicapped preschool child 250
described in division (B) of this section, the quotient obtained 251
by dividing the sum of the amounts described in divisions (A)(1) 252
and (2) of this section by the amount described in division 253
(A)(3) of this section. 254
(1) The district's total taxes charged and payable for 256
current expenses for the tax year preceding the tax year in which 257
the school year begins as certified under division (A)(3) of 258
section 3317.021 of the Revised Code. 259
(2) The district's total taxes collected for current 261
expenses under a school district income tax adopted pursuant to 262
section 5748.03 OR 5748.08 of the Revised Code that are disbursed 264
to the district during the fiscal year. On or before the first 265
day of June of each year, the tax commissioner shall certify the 266
amount to be used in the calculation under this division for the 267
next fiscal year to the department of education for each city, 268
local, and exempted village school district that levies a school 269
district income tax. 270
(3) The district's average daily membership less one-half 272
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the kindergarten average daily membership certified pursuant to 273
section 3317.03 of the Revised Code for the preceding school 274
year. 275
(B) For any handicapped preschool child not included in a 277
unit approved under division (E) of section 3317.05 of the 278
Revised Code, an amount computed for the school year as follows: 279
(1) For each type of special education service provided to 281
the child for whom tuition is being calculated, determine the 282
amount of the district's operating expenses in providing that 283
type of service to all handicapped preschool children not 284
included in units approved under division (E) of section 3317.05 285
of the Revised Code; 286
(2) For each type of special education service for which 288
operating expenses are determined under division (B)(1) of this 289
section, determine the amount of such operating expenses that was 290
paid from any state funds received under this chapter; 291
(3) For each type of special education service for which 293
operating expenses are determined under division (B)(1) of this 294
section, divide the difference between the amount determined 295
under division (B)(1) of this section and the amount determined 296
under division (B)(2) of this section by the total number of 297
handicapped preschool children not included in units approved 298
under division (E) of section 3317.05 of the Revised Code who 299
received that type of service; 300
(4) Determine the sum of the quotients obtained under 302
division (B)(3) of this section for all types of special 303
education services provided to the child for whom tuition is 304
being calculated. 305
The state board of education shall adopt rules defining the 307
types of special education services and specifying the operating 308
expenses to be used in the computation under this section. 309
If any child for whom a tuition charge is computed under 311
this section for any school year is enrolled in a district for 312
only part of that school year, the amount of the district's 313
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tuition charge for the child for the school year shall be 314
computed in proportion to the number of school days the child is 315
enrolled in the district during the school year. 316
Except as otherwise provided in division (I) of section 318
3313.64 of the Revised Code, whenever a district admits a child 319
to its schools for whom tuition computed in accordance with this 320
section is an obligation of another school district, the amount 321
of the tuition shall be certified by the treasurer of the board 322
of education of the district of attendance, to the board of 323
education of the district required to pay tuition for its 324
approval and payment. If agreement as to the amount payable or 325
the district required to pay the tuition cannot be reached, or 326
the board of education of the district required to pay the 327
tuition refuses to pay that amount, the board of education of the 328
district of attendance shall notify the superintendent of public 329
instruction. The superintendent shall determine the correct 330
amount and the district required to pay the tuition and shall 331
deduct that amount, if any, under division (G) of section 332
3317.023 of the Revised Code, from the district required to pay 333
the tuition and add that amount to the amount allocated to the 334
district attended under such division. The superintendent of 335
public instruction shall send to the district required to pay the 336
tuition an itemized statement showing such deductions at the time 337
of such deduction. 338
When a political subdivision owns and operates an airport, 340
welfare, or correctional institution or other project or facility 341
outside its corporate limits and, the territory within which the 342
facility is located is exempt from taxation by the school 343
district within which such territory is located, and there are 344
school age children residing within such territory, the political 345
subdivision owning such tax exempt territory shall pay tuition to 346
the district in which such children attend school. The tuition 347
for these children shall be computed as provided for in this 348
section. 349
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Sec. 5505.22. The right of any person to a pension, or to 358
the return of accumulated contributions, payable as provided 359
under this chapter, and all moneys, investments of the state 360
highway patrol retirement system, and income therefrom, are 361
exempt from any state tax, except the tax imposed by section
5747.02 of the Revised Code, and are exempt from any county, 362
municipal, or other local tax, except taxes imposed pursuant to 363
section 5748.02 OR 5748.08 of the Revised Code, and, except as 365
provided in sections 3111.23, 3113.21, and 5505.26 of the Revised 367
Code, shall not be subject to execution, garnishment, attachment, 368
the operation of bankruptcy or insolvency laws, or any other
process of law whatsoever, and shall be unassignable except as 369
specifically provided in this chapter. 370
Sec. 5705.214. Not more than three elections during any 379
calendar year shall include the questions by a school district of 380
tax levies proposed under any one or any combination of the 382
following sections: sections 5705.194, 5705.21, 5705.212, and 383
5705.213, 5705.217, AND 5705.218 of the Revised Code. 385
Sec. 5705.217. (A) THE BOARD OF EDUCATION OF A CITY, 388
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE 389
OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT 390
THE AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL 391
LIMITATION WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR 392
THE PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT 393
IT IS NECESSARY TO LEVY AN ADDITIONAL TAX IN EXCESS OF THAT 394
LIMITATION FOR THE PURPOSES OF PROVIDING FUNDS FOR CURRENT
OPERATING EXPENSES AND FOR THE ACQUISITION, CONSTRUCTION, 396
ENLARGEMENT, RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS; 397
AND THAT THE QUESTION OF THE TAX SHALL BE SUBMITTED TO THE 398
ELECTORS OF THE DISTRICT AT A SPECIAL ELECTION. THE TAX MAY BE 399
LEVIED FOR A SPECIFIED NUMBER OF YEARS OR FOR A CONTINUING PERIOD 400
OF TIME. THE RESOLUTION SHALL SPECIFY THE PROPOSED TAX RATE, THE 401
FIRST YEAR THE TAX WILL BE LEVIED, AND THE NUMBER OF YEARS IT 402
WILL BE LEVIED, OR THAT IT WILL BE LEVIED FOR A CONTINUING PERIOD 403
10
OF TIME. THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE 404
TAX BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT
IMPROVEMENTS. THE APPORTIONMENT MAY BE THE SAME FOR EACH YEAR OF 405
THE TAX, BUT THE RESPECTIVE PORTIONS OF THE RATE ACTUALLY LEVIED 406
EACH YEAR FOR CURRENT OPERATING EXPENSES AND PERMANENT 407
IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT. 408
THE RESOLUTION SHALL SPECIFY THE DATE OF HOLDING THE 410
SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN SEVENTY-FIVE 411
DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE BOARD OF 412
ELECTIONS AND SHALL BE CONSISTENT WITH THE REQUIREMENTS OF 413
SECTION 3501.01 OF THE REVISED CODE. THE RESOLUTION SHALL GO 415
INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO PUBLICATION OF IT 416
IS NECESSARY OTHER THAN THAT PROVIDED IN THE NOTICE OF ELECTION. 417
THE BOARD OF EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION TO 418
THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION. SECTION 419
5705.25 OF THE REVISED CODE GOVERNS THE ARRANGEMENTS AND FORM OF 420
THE BALLOT FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS. 421
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE 424
IN FAVOR OF THE TAX, THE BOARD OF EDUCATION MAY MAKE THE LEVY AT 425
THE ADDITIONAL RATE, OR AT ANY LESSER RATE IN EXCESS OF THE 426
TEN-MILL LIMITATION. IF THE TAX IS FOR A CONTINUING PERIOD OF 427
TIME, IT MAY BE REDUCED IN ACCORDANCE WITH SECTION 5705.261 OF
THE REVISED CODE. 428
(B) AFTER THE APPROVAL OF A TAX UNDER THIS SECTION AND 431
PRIOR TO THE TIME THE FIRST COLLECTION AND DISTRIBUTION FROM THE 432
LEVY CAN BE MADE, THE BOARD OF EDUCATION MAY ANTICIPATE A 433
FRACTION OF THE PROCEEDS OF SUCH LEVY FOR CURRENT OPERATING
EXPENSES AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT 434
EXCEEDING FIFTY PER CENT OF THE PROCEEDS ESTIMATED TO BE 435
COLLECTED FOR THAT PURPOSE DURING THE FIRST YEAR OF THE LEVY. AT 436
ANY TIME AFTER THE APPROVAL OF A TAX UNDER THIS SECTION, THE 437
BOARD OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF 438
SUCH TAX FOR PERMANENT IMPROVEMENTS AND ISSUE ANTICIPATION NOTES 439
IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER CENT OF THE TOTAL 440
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ESTIMATED PROCEEDS TO BE COLLECTED FOR THAT PURPOSE OVER A PERIOD 441
OF FIVE YEARS AFTER ISSUANCE OF THE NOTES. 442
ANTICIPATION NOTES UNDER THIS SECTION SHALL BE ISSUED AS 444
PROVIDED IN SECTION 133.24 OF THE REVISED CODE, SHALL HAVE 446
PRINCIPAL PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR
ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A 447
PRINCIPAL PAYMENT IN THE YEAR OF THEIR ISSUANCE. 448
(C) THE SUBMISSION OF A QUESTION TO THE ELECTORS UNDER 451
THIS SECTION IS SUBJECT TO THE LIMITATION ON THE NUMBER OF 452
ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION 5705.214 OF 453
THE REVISED CODE.
Sec. 5705.218. (A) THE BOARD OF EDUCATION OF A CITY, 456
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE 457
OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT 458
IT MAY BE NECESSARY FOR THE DISTRICT TO ISSUE GENERAL OBLIGATION 459
BONDS FOR PERMANENT IMPROVEMENTS. THE RESOLUTION SHALL STATE THE 460
PROPOSED PRINCIPAL AMOUNT OF THE BONDS AND THE MAXIMUM NUMBER OF 461
YEARS OVER WHICH THE PRINCIPAL WOULD BE PAID. UPON ADOPTION OF 462
THE RESOLUTION, THE BOARD SHALL CERTIFY A COPY OF IT TO THE 463
COUNTY AUDITOR. THE COUNTY AUDITOR PROMPTLY SHALL ESTIMATE AND 464
CERTIFY TO THE BOARD THE AVERAGE ANNUAL PROPERTY TAX RATE 465
REQUIRED THROUGHOUT THE STATED MATURITY OF THE BONDS TO PAY DEBT 466
CHARGES ON THE BONDS, IN THE SAME MANNER AS UNDER DIVISION (C) OF 467
SECTION 133.18 OF THE REVISED CODE. 468
(B) AFTER RECEIVING THE COUNTY AUDITOR'S CERTIFICATION 471
UNDER DIVISION (A) OF THIS SECTION, THE BOARD OF EDUCATION OF THE 472
CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, BY A VOTE OF 474
TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT THE 475
AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION 476
WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE 477
PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT 478
IS NECESSARY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL
DISTRICT FOR SPECIFIED PERMANENT IMPROVEMENTS AND TO LEVY AN 479
ADDITIONAL TAX IN EXCESS OF THE TEN-MILL LIMITATION TO PAY DEBT 480
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CHARGES ON THE BONDS; THAT IT IS NECESSARY TO LEVY ADDITIONAL 481
TAXES IN EXCESS OF THE TEN-MILL LIMITATION TO PROVIDE FUNDS FOR 482
THE ACQUISITION, CONSTRUCTION, ENLARGEMENT, RENOVATION, AND 483
FINANCING OF PERMANENT IMPROVEMENTS OR TO PAY FOR CURRENT 484
OPERATING EXPENSES, OR BOTH; AND THAT THE QUESTION OF THE BONDS 485
AND TAXES SHALL BE SUBMITTED TO THE ELECTORS OF THE SCHOOL
DISTRICT AT A SPECIAL ELECTION. THE TAXES MAY BE LEVIED FOR A 486
SPECIFIED NUMBER OF YEARS OR FOR A CONTINUING PERIOD OF TIME. 487
THE RESOLUTION SHALL SPECIFY ALL OF THE FOLLOWING: 488
(1) THE NECESSITY AND PURPOSE OF THE BOND ISSUE; 490
(2) THE AMOUNT, APPROXIMATE DATE, ESTIMATED RATE OF 492
INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 493
THE BONDS MAY BE PAID;
(3) THE NECESSITY OF LEVYING A TAX OUTSIDE THE TAX 495
LIMITATION TO PAY THE DEBT CHARGES ON THE BONDS; 496
(4) THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL 498
PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE 499
BONDS TO PAY DEBT CHARGES ON THE BONDS; 500
(5) THE PROPOSED RATE OF THE TAX, IF ANY, FOR CURRENT 502
OPERATING EXPENSES, THE FIRST YEAR THE TAX WILL BE LEVIED, AND 503
THE NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED 504
FOR A CONTINUING PERIOD OF TIME; 505
(6) THE PROPOSED RATE OF THE TAX, IF ANY, FOR PERMANENT 507
IMPROVEMENTS, THE FIRST YEAR THE TAX WILL BE LEVIED, AND THE 508
NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED FOR 509
A CONTINUING PERIOD OF TIME;
(7) THE DATE OF HOLDING THE SPECIAL ELECTION, WHICH SHALL 512
NOT BE EARLIER THAN SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE 513
RESOLUTION TO THE BOARD OF ELECTIONS, AND SHALL BE CONSISTENT 514
WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE REVISED CODE. 515
THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE TAX 517
BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT IMPROVEMENTS, IF 518
BOTH TAXES ARE REQUESTED. THE APPORTIONMENT MAY BE THE SAME FOR 519
EACH YEAR OF THE TAX, BUT THE RESPECTIVE PORTIONS OF THE RATE 520
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ACTUALLY LEVIED EACH YEAR FOR CURRENT OPERATING EXPENSES AND 521
PERMANENT IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT.
THE RESOLUTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, 522
AND NO PUBLICATION OF IT IS NECESSARY OTHER THAN THAT PROVIDED IN 523
THE NOTICE OF ELECTION. THE BOARD OF EDUCATION SHALL CERTIFY A 524
COPY OF THE RESOLUTION, ALONG WITH COPIES OF THE AUDITOR'S 525
ESTIMATE AND ITS RESOLUTION UNDER DIVISION (A) OF THIS SECTION, 526
TO THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION. 527
(C) THE BOARD OF ELECTIONS SHALL MAKE THE ARRANGEMENTS FOR 530
THE SUBMISSION OF THE QUESTION TO THE ELECTORS OF THE SCHOOL 531
DISTRICT, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND 532
CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT 533
FOR THE ELECTION OF COUNTY OFFICERS. THE RESOLUTION SHALL BE PUT 534
BEFORE THE ELECTORS AS ONE BALLOT QUESTION, WITH A FAVORABLE VOTE 535
INDICATING APPROVAL OF THE BOND ISSUE, THE LEVY TO PAY DEBT 536
CHARGES ON THE BONDS, THE CURRENT OPERATING EXPENSES LEVY, AND 537
THE PERMANENT IMPROVEMENTS LEVY, IF EITHER OR BOTH LEVIES ARE 538
PROPOSED. THE BOARD OF ELECTIONS SHALL PUBLISH NOTICE OF THE 539
ELECTION IN ONE OR MORE NEWSPAPERS OF GENERAL CIRCULATION IN THE 540
SCHOOL DISTRICT ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS. THE 541
NOTICE SHALL STATE ALL OF THE FOLLOWING: 542
(1) THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE; 544
(2) THE SPECIFIC PERMANENT IMPROVEMENTS FOR WHICH THE 546
BONDS ARE TO BE ISSUED; 547
(3) THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL 550
OF THE BONDS MAY BE PAID;
(4) THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX 553
RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE 554
COUNTY AUDITOR;
(5) THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR 556
CURRENT OPERATING EXPENSES; 557
(6) THE NUMBER OF YEARS THE CURRENT OPERATING EXPENSES TAX 560
WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A CONTINUING 561
PERIOD OF TIME;
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(7) THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR 563
PERMANENT IMPROVEMENTS; 564
(8) THE NUMBER OF YEARS THE PERMANENT IMPROVEMENTS TAX 566
WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A CONTINUING 567
PERIOD OF TIME;
(9) THE TIME AND PLACE OF THE SPECIAL ELECTION. 569
(D) THE FORM OF THE BALLOT FOR AN ELECTION UNDER THIS 572
SECTION IS AS FOLLOWS:
"SHALL THE ....... SCHOOL DISTRICT BE AUTHORIZED TO DO THE 575
FOLLOWING:
(1) ISSUE BONDS FOR THE PURPOSE OF ....... IN THE 577
PRINCIPAL AMOUNT OF $ ........, TO BE REPAID ANNUALLY OVER A 578
MAXIMUM PERIOD OF ....... YEARS, AND LEVY A PROPERTY TAX TO PAY 579
DEBT CHARGES ON THE BONDS AT A RATE ESTIMATED BY THE COUNTY 580
AUDITOR TO AVERAGE OVER THE BOND REPAYMENT PERIOD ....... MILLS 581
FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO ....... 582
(RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH AS "30") FOR 584
EACH $100 OF TAX VALUATION?"
IF EITHER A LEVY FOR PERMANENT IMPROVEMENTS OR A LEVY FOR 586
CURRENT OPERATING EXPENSES IS PROPOSED, OR BOTH ARE PROPOSED, THE 587
BALLOT ALSO SHALL CONTAIN THE FOLLOWING LANGUAGE, AS APPROPRIATE: 588
"(2) LEVY AN ADDITIONAL PROPERTY TAX TO PROVIDE FUNDS FOR 590
THE ACQUISITION, CONSTRUCTION, ENLARGEMENT, RENOVATION, AND 591
FINANCING OF PERMANENT IMPROVEMENTS AT A RATE NOT EXCEEDING 592
....... MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS 593
TO ....... (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH AS 594
"30") FOR EACH $100 OF TAX VALUATION, FOR ...... (NUMBER OF YEARS
OF THE LEVY, OR A CONTINUING PERIOD OF TIME)? 595
(3) LEVY AN ADDITIOINAL PROPERTY TAX TO PAY CURRENT 597
OPERATING EXPENSES AT A RATE NOT EXCEEDING ....... MILLS FOR EACH 599
ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO ....... (RATE 600
EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH AS "30") FOR EACH 601
$100 OF TAX VALUATION, FOR ....... (NUMBER OF YEARS OF THE LEVY, 602
OR A CONTINUING PERIOD OF TIME)? 603
15
_______________________________________________________ 607
FOR THE BOND ISSUE AND LEVY (OR LEVIES) 609
_______________________________________________________ 611
AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) 613
_______________________________________________________ " 615
(E) THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE 619
RESULTS OF THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY 620
AUDITOR OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. 621
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE FOR IT, 623
THE BOARD OF EDUCATION MAY PROCEED WITH ISSUANCE OF THE BONDS AND 624
WITH THE LEVY AND COLLECTION OF THE PROPERTY TAXES AT THE 625
ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE TEN-MILL 626
LIMITATION. ANY SECURITIES ISSUED BY THE BOARD OF EDUCATION 627
UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT TERM IS 629
DEFINED IN SECTION 133.01 OF THE REVISED CODE. 630
(F)(1) AFTER APPROVAL OF AN ISSUE UNDER THIS SECTION, THE 633
BOARD OF EDUCATION MAY ANTICIPATE A PORTION OF THE PROCEEDS OF 634
THE BOND LEVY TO PAY DEBT CHARGES ON THE BONDS AND ISSUE
ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER 636
CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE LEVY REMAINING TO BE 637
COLLECTED OVER A PERIOD OF FIVE YEARS AFTER ISSUANCE OF THE 638
NOTES.
(2) AFTER APPROVAL OF AN ISSUE UNDER THIS SECTION AND 641
PRIOR TO THE TIME WHEN THE FIRST TAX COLLECTION FROM THE LEVY FOR 642
CURRENT OPERATING EXPENSES, THE LEVY FOR PERMANENT IMPROVEMENTS,
OR BOTH, CAN BE MADE, THE BOARD OF EDUCATION MAY ANTICIPATE A 644
PORTION OF THE PROCEEDS OF THE LEVY OR LEVIES AND ISSUE TAX 645
ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER 646
CENT OF THE TOTAL ESTIMATED PROCEEDS TO BE COLLECTED DURING THE 647
FIRST YEAR OF THE LEVY OR LEVIES.
(3) ANY ANTICIPATION NOTES UNDER THIS DIVISION SHALL BE 649
ISSUED AS PROVIDED IN SECTION 133.24 OF THE REVISED CODE, SHALL 651
HAVE PRINCIPAL PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR 652
ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A 653
16
PRINCIPAL PAYMENT IN THE YEAR OF THEIR ISSUANCE. 654
(G) A TAX FOR CURRENT OPERATING EXPENSES OR FOR PERMANENT 656
IMPROVEMENTS LEVIED UNDER THIS SECTION FOR A SPECIFIED NUMBER OF 658
YEARS MAY BE RENEWED OR REPLACED IN THE SAME MANNER AS A TAX FOR 659
CURRENT OPERATING EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED 660
UNDER SECTION 5705.21 OF THE REVISED CODE. A TAX FOR CURRENT 662
OPERATING EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED UNDER 663
THIS SECTION FOR A CONTINUING PERIOD OF TIME MAY BE REDUCED IN 664
ACCORDANCE WITH SECTION 5705.261 OF THE REVISED CODE. 665
(H) THE SUBMISSION OF A QUESTION TO THE ELECTORS UNDER 668
THIS SECTION IS SUBJECT TO THE LIMITATION ON THE NUMBER OF 669
ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION 5705.214 OF 670
THE REVISED CODE.
Sec. 5748.01. As used in this chapter: 679
(A) "School district income tax" means an income tax 681
adopted under either ONE of the following: 682
(1) Former section 5748.03 of the Revised Code as it 684
existed prior to its repeal by Amended Substitute House Bill No. 685
291 of the 115th general assembly; 686
(2) Section 5748.03 of the Revised Code as enacted in 688
Substitute Senate Bill No. 28 of the 118th general assembly; 689
(3) SECTION 5748.08 OF THE REVISED CODE AS ENACTED IN 691
......... BILL NO. ........ OF THE 122nd GENERAL ASSEMBLY. 692
(B) "Individual" means an individual subject to the tax 694
levied by section 5747.02 of the Revised Code. 695
(C) "Estate" means an estate subject to the tax levied by 697
section 5747.02 of the Revised Code. 698
(D) "Taxable year" means a taxable year as defined in 700
division (M) of section 5747.01 of the Revised Code. 701
(E) "Taxable income" means: 703
(1) In the case of an individual, adjusted gross income 705
for the taxable year as defined in division (A) of section 706
5747.01 of the Revised Code, less the exemptions provided by 707
section 5747.02 of the Revised Code; 708
17
(2) In the case of an estate, taxable income for the 710
taxable year as defined in division (S) of section 5747.01 of the 711
Revised Code. 712
(F) Except as provided in section 5747.25 of the Revised 714
Code, "resident" of the school district means: 715
(1) An individual who is a resident of this state as 717
defined in division (I) of section 5747.01 of the Revised Code 718
during all or a portion of the taxable year and who, during all 719
or a portion of such period of state residency, is domiciled in 720
the school district or lives in and maintains a permanent place 721
of abode in the school district; 722
(2) An estate of a decedent who, at the time of his death, 724
was domiciled in the school district. 725
(G) "School district income" means: 727
(1) With respect to an individual, the portion of the 729
taxable income of an individual that is received by the 730
individual during the portion of the taxable year that the 731
individual is a resident of the school district and the school 732
district income tax is in effect in that school district. An 733
individual may have school district income with respect to more 734
than one school district. 735
(2) With respect to an estate, the taxable income of the 737
estate for the portion of the taxable year that the school 738
district income tax is in effect in that school district. 739
(H) "Taxpayer" means an individual or estate having school 741
district income upon which a school district income tax is 742
imposed. 743
(I) "School district purposes" means any of the purposes 745
for which a tax may be levied pursuant to section 5705.21 of the 746
Revised Code. 747
Sec. 5748.05. After the approval by the electors of a 756
resolution under section 5748.03 OR 5748.08 of the Revised Code 758
to impose a school district income tax to provide an increase in 759
current operating revenues or in current revenues for permanent 760
18
improvements and prior to the time when the first payment to the 761
district from the tax can be made, a board of education may 762
anticipate a fraction of the proceeds of the tax and issue 763
anticipation notes in an amount not exceeding fifty per cent of 764
the total estimated proceeds of the tax to be collected for its 765
first year of collection as estimated by the tax commissioner. 766
The anticipation notes are Chapter 133. securities and shall be 767
issued as provided in section 133.24 of the Revised Code as if 768
property tax anticipation notes. The notes shall have principal 769
payments during each year after their year of issuance over a 770
period not to exceed five years and, if determined by the board 771
of education, during the year of their issuance. The legislation 772
authorizing issuance of the notes may also provide for the annual 773
levy and collection of voted ad valorem property taxes levied for 774
the applicable purpose for which the notes are issued and for the 775
application of the proceeds of the levy to the extent necessary 776
to pay annual debt charges on the notes. 777
Sec. 5748.08. (A) THE BOARD OF EDUCATION OF A CITY, 780
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE 781
OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT 782
IT MAY BE NECESSARY FOR THE SCHOOL DISTRICT TO DO ALL OF THE 783
FOLLOWING:
(1) RAISE A SPECIFIED AMOUNT OF MONEY FOR SCHOOL DISTRICT 785
PURPOSES BY LEVYING AN ANNUAL TAX ON THE SCHOOL DISTRICT INCOME 786
OF INDIVIDUALS AND ESTATES; 787
(2) ISSUE GENERAL OBLIGATION BONDS FOR PERMANENT 789
IMPROVEMENTS; 790
(3) SUBMIT THE QUESTION OF THE SCHOOL DISTRICT INCOME TAX 792
AND BOND ISSUE TO THE ELECTORS OF THE DISTRICT AT A SPECIAL 793
ELECTION. 794
ON ADOPTION OF THE RESOLUTION, THE BOARD SHALL CERTIFY A 796
COPY OF IT TO THE TAX COMMISSIONER AND THE COUNTY AUDITOR NO 797
LATER THAN NINETY DAYS PRIOR TO THE DATE OF THE SPECIAL ELECTION 799
AT WHICH THE BOARD INTENDS TO PROPOSE THE INCOME TAX AND BOND 800
19
ISSUE. NOT LATER THAN TEN DAYS OF RECEIPT OF THE RESOLUTION, THE 801
TAX COMMISSIONER, IN THE SAME MANNER AS REQUIRED BY DIVISION (A) 802
OF SECTION 5748.02 OF THE REVISED CODE, SHALL ESTIMATE THE RATES 804
DESIGNATED IN DIVISION (A)(1) AND (2) OF THAT SECTION AND CERTIFY 806
THEM TO THE BOARD. NOT LATER THAN TEN DAYS OF RECEIPT OF THE 807
RESOLUTION, THE COUNTY AUDITOR SHALL ESTIMATE AND CERTIFY TO THE 808
BOARD THE AVERAGE ANNUAL PROPERTY TAX RATE REQUIRED THROUGHOUT 809
THE STATED MATURITY OF THE BONDS TO PAY DEBT CHARGES ON THE 810
BONDS, IN THE SAME MANNER AS UNDER DIVISION (C) OF SECTION 133.18 812
OF THE REVISED CODE. 813
(B) ON RECEIPT OF THE TAX COMMISSIONER'S AND COUNTY 816
AUDITOR'S CERTIFICATIONS PREPARED UNDER DIVISION (A) OF THIS 817
SECTION, THE BOARD OF EDUCATION OF THE CITY, LOCAL, OR EXEMPTED 818
VILLAGE SCHOOL DISTRICT, BY A VOTE OF TWO-THIRDS OF ALL ITS 819
MEMBERS, MAY ADOPT A RESOLUTION PROPOSING THE LEVY OF AN ANNUAL 820
TAX FOR SCHOOL DISTRICT PURPOSES ON THE SCHOOL DISTRICT INCOME OF 822
INDIVIDUALS AND OF ESTATES AND DECLARING THAT THE AMOUNT OF TAXES 823
THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION WILL BE
INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE PRESENT AND 824
FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT IS NECESSARY 825
TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT FOR 826
SPECIFIED PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX IN 828
EXCESS OF THE TEN-MILL LIMITATION TO PAY THE DEBT CHARGES ON THE 829
BONDS; AND THAT THE QUESTION OF THE BONDS AND TAXES SHALL BE
SUBMITTED TO THE ELECTORS OF THE SCHOOL DISTRICT AT A SPECIAL 830
ELECTION. THE RESOLUTION SHALL SPECIFY ALL OF THE FOLLOWING: 831
(1) THE PURPOSE FOR WHICH THE SCHOOL DISTRICT INCOME TAX 833
IS TO BE IMPOSED AND THE RATE OF THE TAX, WHICH SHALL BE THE RATE 835
SET FORTH IN THE TAX COMMISSIONER'S CERTIFICATION ROUNDED TO THE 836
NEAREST ONE-FOURTH OF ONE PER CENT;
(2) THE NUMBER OF YEARS THE TAX WILL BE LEVIED, OR THAT IT 839
WILL BE LEVIED FOR A CONTINUING PERIOD OF TIME;
(3) THE DATE ON WHICH THE TAX SHALL TAKE EFFECT, WHICH 841
SHALL BE THE FIRST DAY OF JANUARY OF ANY YEAR FOLLOWING THE YEAR 844
20
IN WHICH THE QUESTION IS SUBMITTED;
(4) THE NECESSITY AND PURPOSE OF THE BOND ISSUE; 846
(5) THE AMOUNT, APPROXIMATE DATE, ESTIMATED RATE OF 848
INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 850
THE BONDS MAY BE PAID;
(6) THE NECESSITY OF LEVYING A TAX OUTSIDE THE TEN-MILL 852
LIMITATION TO PAY THE DEBT CHARGES ON THE BONDS AND ANY 853
ANTICIPATORY SECURITIES; 854
(7) THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL 856
PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE 857
BONDS TO PAY DEBT CHARGES ON THE BONDS; 858
(8) THE DATE OF HOLDING THE SPECIAL ELECTION, WHICH SHALL 860
NOT BE EARLIER THAN SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE 861
RESOLUTION TO THE BOARD OF ELECTIONS, AND SHALL BE CONSISTENT 862
WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE REVISED CODE. 865
(C) A RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 868
SECTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO 869
PUBLICATION OF THE RESOLUTION SHALL BE NECESSARY OTHER THAN THAT 870
PROVIDED FOR IN THE NOTICE OF ELECTION. IMMEDIATELY AFTER ITS 871
ADOPTION AND AT LEAST SEVENTY-FIVE DAYS PRIOR TO THE ELECTION AT 872
WHICH THE QUESTION WILL APPEAR ON THE BALLOT, THE BOARD OF 873
EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION, ALONG WITH 874
COPIES OF THE AUDITOR'S ESTIMATE AND ITS RESOLUTION UNDER 875
DIVISION (A) OF THIS SECTION, TO THE BOARD OF ELECTIONS OF THE 877
PROPER COUNTY. THE BOARD OF EDUCATION SHALL MAKE THE 878
ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS 879
OF THE SCHOOL DISTRICT, AND THE ELECTION SHALL BE CONDUCTED, 880
CANVASSED, AND CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS 881
IN THE DISTRICT FOR THE ELECTION OF COUNTY OFFICERS. 882
THE RESOLUTION SHALL BE PUT BEFORE THE ELECTORS AS ONE 884
BALLOT QUESTION, WITH A MAJORITY VOTE INDICATING APPROVAL OF THE 885
SCHOOL DISTRICT INCOME TAX, THE BOND ISSUE, AND THE LEVY TO PAY 886
DEBT CHARGES ON THE BONDS. THE BOARD OF ELECTIONS SHALL PUBLISH 887
THE NOTICE OF THE ELECTION IN ONE OR MORE NEWSPAPERS OF GENERAL 888
21
CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR FOUR 889
CONSECUTIVE WEEKS. THE NOTICE SHALL STATE ALL OF THE FOLLOWING: 891
(1) THE QUESTIONS TO BE SUBMITTED TO THE ELECTORS; 893
(2) THE RATE OF THE SCHOOL DISTRICT INCOME TAX; 895
(3) THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE; 898
(4) THE SPECIFIC PERMANENT IMPROVEMENTS FOR WHICH THE 900
BONDS ARE TO BE ISSUED; 901
(5) THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL 903
OF THE BONDS MAY BE PAID; 904
(6) THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX 906
RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE 907
COUNTY AUDITOR; 908
(7) THE TIME AND PLACE OF THE SPECIAL ELECTION. 910
(D) THE FORM OF THE BALLOT ON A QUESTION SUBMITTED TO THE 913
ELECTORS UNDER THIS SECTION SHALL BE AS FOLLOWS: 914
"SHALL THE ....... SCHOOL DISTRICT BE AUTHORIZED TO DO BOTH 916
OF THE FOLLOWING: 917
(1) IMPOSE AN ANNUAL INCOME TAX OF ....... (STATE THE 919
PROPOSED RATE OF TAX) ON THE SCHOOL DISTRICT INCOME OF 920
INDIVIDUALS AND OF ESTATES, FOR ....... (STATE THE NUMBER OF 921
YEARS THE TAX WOULD BE LEVIED, OR THAT IT WOULD BE LEVIED FOR A 922
CONTINUING PERIOD OF TIME), BEGINNING ....... (STATE THE DATE THE 924
TAX WOULD FIRST TAKE EFFECT), FOR THE PURPOSE OF ....... (STATE 925
THE PURPOSE OF THE TAX)?
(2) ISSUE BONDS FOR THE PURPOSE OF ....... IN THE 927
PRINCIPAL AMOUNT OF $......., TO BE REPAID ANNUALLY OVER A 928
MAXIMUM PERIOD OF ....... YEARS, AND LEVY A PROPERTY TAX TO PAY 929
DEBT CHARGES ON THE BONDS AT A RATE ESTIMATED BY THE COUNTY 930
AUDITOR TO AVERAGE OVER THE BOND REPAYMENT PERIOD ....... MILLS 931
FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO ....... 932
(RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH AS "30") FOR 933
EACH $100 OF TAX VALUATION? 934
22
937
FOR THE INCOME TAX AND BOND ISSUE 938
939
AGAINST THE INCOME TAX AND BOND ISSUE 940
" 941
(E) THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE 945
RESULTS OF THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY 946
AUDITOR OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. 947
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE IN 948
FAVOR OF IT, THE INCOME TAX AND THE APPLICABLE PROVISIONS OF 950
CHAPTER 5747. OF THE REVISED CODE SHALL TAKE EFFECT ON THE DATE 953
SPECIFIED IN THE RESOLUTION, AND THE BOARD OF EDUCATION MAY
PROCEED WITH ISSUANCE OF THE BONDS AND WITH THE LEVY AND 954
COLLECTION OF THE PROPERTY TAXES TO PAY DEBT CHARGES ON THE 955
BONDS, AT THE ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE 957
TEN-MILL LIMITATION. ANY SECURITIES ISSUED BY THE BOARD OF
EDUCATION UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT 960
TERM IS DEFINED IN SECTION 133.01 OF THE REVISED CODE. 962
(F)(1) AFTER APPROVAL OF A QUESTION UNDER THIS SECTION, 965
THE BOARD OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS 966
OF THE SCHOOL DISTRICT INCOME TAX IN ACCORDANCE WITH SECTION 967
5748.05 OF THE REVISED CODE. 969
(2) AFTER APPROVAL OF A QUESTION UNDER THIS SECTION, THE 971
BOARD OF EDUCATION MAY ANTICIPATE A PORTION OF THE PROCEEDS OF 972
THE BOND LEVY TO PAY DEBT CHARGES ON THE BONDS AND ISSUE 973
ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER 974
CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE LEVY REMAINING TO BE 975
COLLECTED OVER A PERIOD OF FIVE YEARS AFTER ISSUANCE OF THE 976
NOTES. 977
(3) ANY ANTICIPATION NOTES UNDER THIS DIVISION SHALL BE 979
ISSUED AS PROVIDED IN SECTION 133.24 OF THE REVISED CODE, SHALL 982
HAVE PRINCIPAL PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR 983
ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A 984
PRINCIPAL PAYMENT IN THE YEAR OF THEIR ISSUANCE. 985
23
(G) THE QUESTION OF REPEAL OF A SCHOOL DISTRICT INCOME TAX 988
LEVIED FOR MORE THAN FIVE YEARS MAY BE INITIATED AND SUBMITTED IN 989
ACCORDANCE WITH SECTION 5748.04 OF THE REVISED CODE. 991
(H) NO BOARD OF EDUCATION SHALL SUBMIT A QUESTION UNDER 994
THIS SECTION TO THE ELECTORS OF THE SCHOOL DISTRICT MORE THAN 995
TWICE IN ANY CALENDAR YEAR. 996
Section 2. That existing sections 145.56, 3307.71, 998
3309.66, 3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5748.01, 999
and 5748.05 of the Revised Code are hereby repealed. 1,000
Section 3. Section 3317.08 of the Revised Code is 1,002
presented in this act as a composite of the section as amended by 1,003
both Am. Sub. H.B. 571 and Am. Sub. H.B. 552 of the 120th General 1,004
Assembly, with the new language of neither of the acts shown in 1,006
capital letters. This is in recognition of the principle stated 1,007
in division (B) of section 1.52 of the Revised Code that such 1,008
amendments are to be harmonized where not substantively 1,009
irreconcilable and constitutes a legislative finding that such is 1,010
the resulting version in effect prior to the effective date of 1,011
this act.
Section 4. This act is hereby declared to be an emergency 1,013
measure necessary for the immediate preservation of the public 1,014
peace, health, and safety. The reason for such necessity is that 1,015
ballot measures must be taken as soon as possible to preserve and 1,016
expand educational opportunities and protect the safety of Ohio's 1,017
pupils by improving the physical facilities of their schools.
Therefore, this act shall go into immediate effect. 1,018