As Reported by the Senate Ways and Means Committee*         1            

122nd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 17  5            

      1997-1998                                                    6            


         SENATORS NEIN-B. JOHNSON-DRAKE-HERINGTON-McLIN            8            


                                                                   10           

                           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, 5739.021,     13           

                5739.026, 5739.028, 5748.01, and 5748.05, and to                

                enact sections 5705.217, 5705.218, and 5748.08 of  15           

                the Revised Code to permit a school board to       16           

                propose to the electors, as one ballot question,                

                a school district income tax and bond issue, or a  17           

                property tax for the dual purposes of operating    18           

                expenses and permanent improvements, including                  

                issuing bonds for permanent improvements, to       19           

                permit a county to propose a sales and use tax at  20           

                a special election held in May, and to declare an               

                emergency.                                         21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 145.56, 3307.71, 3309.66,          25           

3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5739.021, 5739.026,  26           

5739.028, 5748.01, and 5748.05 be amended and sections 5705.217,   27           

5705.218, and 5748.08 of the Revised Code be enacted to read as    28           

follows:                                                                        

      Sec. 145.56.  The right of a person to a pension, an         37           

annuity, or A retirement allowance itself, any optional benefit,   38           

any other right accrued or accruing to any person, under sections  39           

145.01 to 145.58 of the Revised Code, or of any municipal          40           

retirement system established subject to such sections, under the  41           

laws of this state or any charter, the various funds created by    42           

sections 145.01 to 145.58 of the Revised Code, or under such       43           

                                                          2      

                                                                 
municipal retirement system, and all moneys and investments and    44           

income thereof, are exempt from any state tax, except the tax      45           

imposed by section 5747.02 of the Revised Code and are exempt      47           

from any county, municipal, or other local tax, except taxes       48           

imposed pursuant to section 5748.02 OR 5748.08 of the Revised      49           

Code, and, except as provided in sections 145.57, 3111.23, and     51           

3113.21 of the Revised Code, shall not be subject to execution,    52           

garnishment, attachment, the operation of bankruptcy or the        53           

insolvency laws, or other process of law, and shall be             54           

unassignable except as specifically provided in sections 145.01    55           

to 145.58, 3111.23, and 3113.21 of the Revised Code.               56           

      Sec. 3307.71.  The right of a person to a pension, an        65           

annuity, or A retirement allowance itself, any optional benefit,   67           

any other right accrued or accruing to any person, under sections  68           

3307.01 to 3307.74 of the Revised Code, OR the various funds       70           

created by section 3307.65 of the Revised Code and all moneys and               

investments and income thereof, are exempt from any state tax,     71           

except the tax imposed by section 5747.02 of the Revised Code and  73           

are exempt from any county, municipal, or other local tax, except  74           

taxes imposed pursuant to section 5748.02 OR 5748.08 of the        75           

Revised Code, and, except as provided in sections 3111.23,         77           

3113.21, and 3307.72 of the Revised Code, shall not be subject to               

execution, garnishment, attachment, the operation of bankruptcy    78           

or insolvency laws, or any other process of law whatsoever, and    79           

shall be unassignable except as specifically provided in sections  80           

3111.23, 3113.21, and 3307.01 to 3307.74 of the Revised Code.      81           

      Sec. 3309.66.  The right of a person to a pension, an        90           

annuity, or A retirement allowance itself, any optional benefit,   92           

any other right accrued or accruing to any persons, under          93           

sections 3309.01 to 3309.68 of the Revised Code, OR the various    95           

funds created by section 3309.60 of the Revised Code and all                    

moneys and investments and income thereof, are exempt from any     96           

state tax, except the tax imposed by section 5747.02 of the        97           

Revised Code, and are exempt from any county, municipal, or other  98           

                                                          3      

                                                                 
local tax, except taxes imposed pursuant to section 5748.02 OR     99           

5748.08 of the Revised Code, and, except as provided in sections   100          

3111.23, 3113.21, and 3309.67 of the Revised Code, shall not be    101          

subject to execution, garnishment, attachment, the operation of    102          

bankruptcy or insolvency laws, or any other process of law         103          

whatsoever, and shall be unassignable except as specifically       104          

provided in sections 3111.23, 3113.21, and 3309.01 to 3309.68 of   105          

the Revised Code.                                                               

      Sec. 3316.06.  (A)  Within sixty days after the first        115          

meeting of a school district financial planning and supervision                 

commission, the commission shall adopt a financial recovery plan   116          

regarding the school district for which the commission was         117          

created.  During the formulation of the plan, the commission       118          

shall seek appropriate input from the school district board and    119          

from the community.  This plan shall contain the following:                     

      (1)  Actions to be taken to:                                 121          

      (a)  Eliminate all fiscal emergency conditions declared to   124          

exist pursuant to division (B) of section 3316.03 of the Revised                

Code;                                                                           

      (b)  Satisfy any judgments, past due accounts payable, and   126          

all past due and payable payroll and fringe benefits;              127          

      (c)  Eliminate the deficits in all deficit funds;            129          

      (d)  Restore to special funds any moneys from such funds     131          

that were used for purposes not within the purposes of such        133          

funds, or borrowed from such funds by the purchase of debt         134          

obligations of the school district with the moneys of such funds,  135          

or missing from the special funds and not accounted for, if any;   136          

      (e)  Balance the budget, avoid future deficits in any        138          

funds, and maintain on a current basis payments of payroll,        139          

fringe benefits, and all accounts;                                 140          

      (f)  Avoid any fiscal emergency condition in the future;     142          

      (g)  Restore the ability of the school district to market    144          

long-term general obligation bonds under provisions of law         145          

applicable to school districts generally.                          146          

                                                          4      

                                                                 
      (2)  The management structure that will enable the school    148          

district to take the actions enumerated in division (A)(1) of      149          

this section.  The plan shall specify the level of fiscal and      150          

management control that the commission will exercise within the    151          

school district during the period of fiscal emergency, and shall   152          

enumerate respectively, the powers and duties of the commission    153          

and the powers and duties of the school board during that period.  154          

The commission may elect to assume any of the powers and duties                 

of the school board it considers necessary, including all powers   155          

related to personnel, curriculum, and legal issues in order to     156          

successfully implement the actions described in division (A)(1)    157          

of this section.                                                                

      (3)  The target dates for the commencement, progress upon,   160          

and completion of the actions enumerated in division (A)(1) of     161          

this section and a reasonable period of time expected to be        162          

required to implement the plan.  The commission shall prepare a                 

reasonable time schedule for progress toward and achievement of    164          

the requirements for the plan, and the plan shall be consistent    165          

with that time schedule.                                                        

      (4)  The amount and purpose of any issue of debt             167          

obligations that will be issued, together with assurances that     168          

any such debt obligations that will be issued will not exceed      169          

debt limits supported by appropriate certifications by the fiscal  170          

officer of the school district and the county auditor.  If the     171          

commission considers it necessary in order to maintain or improve  173          

educational opportunities of pupils in the school district, the    174          

plan may include a proposal to restructure or refinance            175          

outstanding debt obligations incurred by the board contingent                   

upon the approval, during the period of the fiscal emergency, by   176          

district voters of a tax levied under section 718.09, 718.10,      177          

5705.194, 5705.21, or 5748.02, OR 5748.08 of the Revised Code.     179          

Notwithstanding any provision of Chapter 133. or sections          180          

3313.483 through 3313.4811 of the Revised Code, the restructuring  181          

or refinancing may extend the original period for repayment, and   182          

                                                          5      

                                                                 
may alter the frequency and amount of repayments, interest or                   

other financing charges, and other terms of agreements under       183          

which the debt originally was contracted, at the discretion of     184          

the commission, provided that any loans received pursuant to       185          

section 3313.483 of the Revised Code shall be paid from funds the  186          

district would otherwise receive under sections 3317.022 to        187          

3317.025 of the Revised Code, as required under division (E)(3)                 

of section 3313.483 of the Revised Code.                           188          

      (B)  Any financial recovery plan may be amended subsequent   190          

to its adoption.                                                   191          

      Sec. 3316.08.  During a school district's fiscal emergency   200          

period, the auditor of state shall determine annually, or at any   201          

other time upon request of the financial planning and supervision  203          

commission, whether the school district will incur an operating    204          

deficit.  If the auditor of state determines that a school         205          

district will incur an operating deficit, the auditor of state     206          

shall certify that determination to the superintendent of public   207          

instruction, the financial planning and supervision commission,    208          

and the board of education of the school district.  Upon           209          

receiving the auditor of state's certification, the board of       210          

education or commission shall adopt a resolution to submit a       211          

ballot question proposing the levy of a tax under section          212          

5705.194 or 5705.21 or Chapter 5748. of the Revised Code.  Except  213          

as otherwise provided in this division, the tax shall be levied    215          

in the manner prescribed for a tax levied under section 5705.194   216          

or 5705.21 or under Chapter 5748. of the Revised Code.  The tax    217          

shall be levied for the purpose of paying current operating        218          

expenses of the school district.  The question shall propose that  219          

the tax be levied at the rate required to produce annual revenue   220          

sufficient to eliminate the operating deficit as certified by the  221          

auditor of state and to repay outstanding loans or other           222          

obligations incurred by the board of education for the purpose of  223          

reducing or eliminating operating deficits, as determined by the   224          

financial planning and supervision commission.  The rate of a tax  225          

                                                          6      

                                                                 
levied under section 5705.194 or 5705.21 of the Revised Code       226          

shall be determined by the county auditor, and the rate of a tax   227          

levied under section 5748.02 OR 5748.08 of the Revised Code shall  228          

be determined by the tax commissioner, upon the request of the     230          

commission.  The commission shall determine the election at which  231          

the question of the tax shall appear on the ballot, and the board  232          

of education or commission shall submit a copy of its resolution   233          

to the board of elections not later than seventy-five days prior   234          

to the day of that election.  The board of elections conducting    235          

the election shall certify the results of the election to the      236          

board of education and to the financial planning and supervision   237          

commission.                                                        238          

      Sec. 3317.08.  A board of education may admit to its         246          

schools a child it is not required by section 3313.64 or 3313.65   247          

of the Revised Code to admit, if tuition is paid for the child.    248          

      Unless otherwise provided by law, tuition shall be computed  250          

in accordance with this section.  A district's tuition charge for  251          

a school year shall be one of the following:                       252          

      (A)  For any child, except a handicapped preschool child     254          

described in division (B) of this section, the quotient obtained   255          

by dividing the sum of the amounts described in divisions (A)(1)   256          

and (2) of this section by the amount described in division        257          

(A)(3) of this section.                                            258          

      (1)  The district's total taxes charged and payable for      260          

current expenses for the tax year preceding the tax year in which  261          

the school year begins as certified under division (A)(3) of       262          

section 3317.021 of the Revised Code.                              263          

      (2)  The district's total taxes collected for current        265          

expenses under a school district income tax adopted pursuant to    266          

section 5748.03 OR 5748.08 of the Revised Code that are disbursed  268          

to the district during the fiscal year.  On or before the first    269          

day of June of each year, the tax commissioner shall certify the   270          

amount to be used in the calculation under this division for the   271          

next fiscal year to the department of education for each city,     272          

                                                          7      

                                                                 
local, and exempted village school district that levies a school   273          

district income tax.                                               274          

      (3)  The district's average daily membership less one-half   276          

the kindergarten average daily membership certified pursuant to    277          

section 3317.03 of the Revised Code for the preceding school       278          

year.                                                              279          

      (B)  For any handicapped preschool child not included in a   281          

unit approved under division (E) of section 3317.05 of the         282          

Revised Code, an amount computed for the school year as follows:   283          

      (1)  For each type of special education service provided to  285          

the child for whom tuition is being calculated, determine the      286          

amount of the district's operating expenses in providing that      287          

type of service to all handicapped preschool children not          288          

included in units approved under division (E) of section 3317.05   289          

of the Revised Code;                                               290          

      (2)  For each type of special education service for which    292          

operating expenses are determined under division (B)(1) of this    293          

section, determine the amount of such operating expenses that was  294          

paid from any state funds received under this chapter;             295          

      (3)  For each type of special education service for which    297          

operating expenses are determined under division (B)(1) of this    298          

section, divide the difference between the amount determined       299          

under division (B)(1) of this section and the amount determined    300          

under division (B)(2) of this section by the total number of       301          

handicapped preschool children not included in units approved      302          

under division (E) of section 3317.05 of the Revised Code who      303          

received that type of service;                                     304          

      (4)  Determine the sum of the quotients obtained under       306          

division (B)(3) of this section for all types of special           307          

education services provided to the child for whom tuition is       308          

being calculated.                                                  309          

      The state board of education shall adopt rules defining the  311          

types of special education services and specifying the operating   312          

expenses to be used in the computation under this section.         313          

                                                          8      

                                                                 
      If any child for whom a tuition charge is computed under     315          

this section for any school year is enrolled in a district for     316          

only part of that school year, the amount of the district's        317          

tuition charge for the child for the school year shall be          318          

computed in proportion to the number of school days the child is   319          

enrolled in the district during the school year.                   320          

      Except as otherwise provided in division (I) of section      322          

3313.64 of the Revised Code, whenever a district admits a child    323          

to its schools for whom tuition computed in accordance with this   324          

section is an obligation of another school district, the amount    325          

of the tuition shall be certified by the treasurer of the board    326          

of education of the district of attendance, to the board of        327          

education of the district required to pay tuition for its          328          

approval and payment.  If agreement as to the amount payable or    329          

the district required to pay the tuition cannot be reached, or     330          

the board of education of the district required to pay the         331          

tuition refuses to pay that amount, the board of education of the  332          

district of attendance shall notify the superintendent of public   333          

instruction.  The superintendent shall determine the correct       334          

amount and the district required to pay the tuition and shall      335          

deduct that amount, if any, under division (G) of section          336          

3317.023 of the Revised Code, from the district required to pay    337          

the tuition and add that amount to the amount allocated to the     338          

district attended under such division.  The superintendent of      339          

public instruction shall send to the district required to pay the  340          

tuition an itemized statement showing such deductions at the time  341          

of such deduction.                                                 342          

      When a political subdivision owns and operates an airport,   344          

welfare, or correctional institution or other project or facility  345          

outside its corporate limits and, the territory within which the   346          

facility is located is exempt from taxation by the school          347          

district within which such territory is located, and there are     348          

school age children residing within such territory, the political  349          

subdivision owning such tax exempt territory shall pay tuition to  350          

                                                          9      

                                                                 
the district in which such children attend school.  The tuition    351          

for these children shall be computed as provided for in this       352          

section.                                                           353          

      Sec. 5505.22.  The right of any person to a pension, or to   362          

the return of accumulated contributions, payable as provided       363          

under this chapter, and all moneys, investments of the state       364          

highway patrol retirement system, and income therefrom, are        365          

exempt from any state tax, except the tax imposed by section                    

5747.02 of the Revised Code, and are exempt from any county,       366          

municipal, or other local tax, except taxes imposed pursuant to    367          

section 5748.02 OR 5748.08 of the Revised Code, and, except as     369          

provided in sections 3111.23, 3113.21, and 5505.26 of the Revised  371          

Code, shall not be subject to execution, garnishment, attachment,  372          

the operation of bankruptcy or insolvency laws, or any other                    

process of law whatsoever, and shall be unassignable except as     373          

specifically provided in this chapter.                             374          

      Sec. 5705.214.  Not more than three elections during any     383          

calendar year shall include the questions by a school district of  384          

tax levies proposed under any one or any combination of the        386          

following sections:  sections 5705.194, 5705.21, 5705.212, and     387          

5705.213, 5705.217, AND 5705.218 of the Revised Code.              389          

      Sec. 5705.217.  (A)  THE BOARD OF EDUCATION OF A CITY,       392          

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE  393          

OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT   394          

THE AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL         395          

LIMITATION WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR  396          

THE PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT   397          

IT IS NECESSARY TO LEVY AN ADDITIONAL TAX IN EXCESS OF THAT        398          

LIMITATION FOR THE PURPOSES OF PROVIDING FUNDS FOR CURRENT                      

OPERATING EXPENSES AND FOR THE ACQUISITION, CONSTRUCTION,          400          

ENLARGEMENT, RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS;  401          

AND THAT THE QUESTION OF THE TAX SHALL BE SUBMITTED TO THE         402          

ELECTORS OF THE DISTRICT AT A SPECIAL ELECTION.  THE TAX MAY BE    403          

LEVIED FOR A SPECIFIED NUMBER OF YEARS NOT EXCEEDING FIVE OR, IF   404          

                                                          10     

                                                                 
THE TAX IS FOR CURRENT OPERATING EXPENSES OR FOR GENERAL,          405          

ON-GOING PERMANENT IMPROVEMENTS, FOR A CONTINUING PERIOD OF TIME.               

THE RESOLUTION SHALL SPECIFY THE PROPOSED TAX RATE, THE FIRST      407          

YEAR THE TAX WILL BE LEVIED, AND THE NUMBER OF YEARS IT WILL BE    408          

LEVIED, OR THAT IT WILL BE LEVIED FOR A CONTINUING PERIOD OF       409          

TIME.  THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE TAX   410          

BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT IMPROVEMENTS.                  

THE APPORTIONMENT MAY BUT NEED NOT BE THE SAME FOR EACH YEAR OF    411          

THE TAX, BUT THE RESPECTIVE PORTIONS OF THE RATE ACTUALLY LEVIED   413          

EACH YEAR FOR CURRENT OPERATING EXPENSES AND PERMANENT             414          

IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT.                415          

      THE RESOLUTION SHALL SPECIFY THE DATE OF HOLDING THE         417          

SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN SEVENTY-FIVE     418          

DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE BOARD OF         419          

ELECTIONS AND SHALL BE CONSISTENT WITH THE REQUIREMENTS OF         420          

SECTION 3501.01 OF THE REVISED CODE.  THE RESOLUTION SHALL GO      422          

INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO PUBLICATION OF IT   423          

IS NECESSARY OTHER THAN THAT PROVIDED IN THE NOTICE OF ELECTION.   424          

THE BOARD OF EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION TO   425          

THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION.  SECTION    426          

5705.25 OF THE REVISED CODE GOVERNS THE ARRANGEMENTS AND FORM OF   427          

THE BALLOT FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS.     428          

      IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE    431          

IN FAVOR OF THE TAX, THE BOARD OF EDUCATION MAY MAKE THE LEVY AT   432          

THE ADDITIONAL RATE, OR AT ANY LESSER RATE IN EXCESS OF THE        433          

TEN-MILL LIMITATION.  IF THE TAX IS FOR A CONTINUING PERIOD OF     434          

TIME, IT MAY BE DECREASED IN ACCORDANCE WITH SECTION 5705.261 OF                

THE REVISED CODE.                                                  435          

      (B)(1)  AFTER THE APPROVAL OF A TAX FOR CURRENT OPERATING    437          

EXPENSES UNDER THIS SECTION AND PRIOR TO THE TIME THE FIRST        438          

COLLECTION AND DISTRIBUTION FROM THE LEVY CAN BE MADE, THE BOARD   439          

OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH     440          

LEVY AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT        441          

EXCEEDING FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE    442          

                                                          11     

                                                                 
TAX TO BE COLLECTED DURING THE FIRST YEAR OF THE LEVY.             443          

      (2)  AFTER THE APPROVAL OF A TAX UNDER THIS SECTION FOR      445          

PERMANENT IMPROVEMENTS HAVING A SPECIFIC PURPOSE, THE BOARD OF     446          

EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX    447          

AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING   449          

FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX                       

REMAINING TO BE COLLECTED IN EACH YEAR OVER A PERIOD OF FIVE       450          

YEARS AFTER ISSUANCE OF THE NOTES.                                 451          

      (3)  AFTER THE APPROVAL OF A TAX FOR GENERAL, ON-GOING       453          

PERMANENT IMPROVEMENTS UNDER THIS SECTION, THE BOARD OF EDUCATION  455          

MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX AND ISSUE    456          

ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER   457          

CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX TO BE COLLECTED    458          

IN EACH YEAR OVER A SPECIFIED PERIOD OF YEARS, NOT EXCEEDING TEN,  459          

AFTER ISSUANCE OF THE NOTES.                                                    

      ANTICIPATION NOTES UNDER THIS SECTION SHALL BE ISSUED AS     461          

PROVIDED IN SECTION 133.24 OF THE REVISED CODE.  NOTES ISSUED      463          

UNDER DIVISION (B)(1) OR (2) OF THIS SECTION SHALL HAVE PRINCIPAL  464          

PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A               

PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A PRINCIPAL PAYMENT  465          

IN THE YEAR OF THEIR ISSUANCE.  NOTES ISSUED UNDER DIVISION        467          

(B)(3) OF THIS SECTION SHALL HAVE PRINCIPAL PAYMENTS DURING EACH   468          

YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED  469          

TEN YEARS, AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR   470          

ISSUANCE.                                                                       

      (C)  THE SUBMISSION OF A QUESTION TO THE ELECTORS UNDER      473          

THIS SECTION IS SUBJECT TO THE LIMITATION ON THE NUMBER OF         474          

ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION 5705.214 OF     475          

THE REVISED CODE.                                                               

      Sec. 5705.218.  (A)  THE BOARD OF EDUCATION OF A CITY,       478          

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE  479          

OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT   480          

IT MAY BE NECESSARY FOR THE SCHOOL DISTRICT TO ISSUE GENERAL       481          

OBLIGATION BONDS FOR PERMANENT IMPROVEMENTS.  THE RESOLUTION       482          

                                                          12     

                                                                 
SHALL STATE ALL OF THE FOLLOWING:                                  483          

      (1)  THE NECESSITY AND PURPOSE OF THE BOND ISSUE;            485          

      (2)  THE DATE OF THE SPECIAL ELECTION AT WHICH THE QUESTION  488          

SHALL BE SUBMITTED TO THE ELECTORS;                                             

      (3)  THE AMOUNT, APPROXIMATE DATE, ESTIMATED RATE OF         490          

INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF  492          

THE BONDS MAY BE PAID;                                                          

      (4)  THE NECESSITY OF LEVYING A TAX OUTSIDE THE TEN-MILL     494          

LIMITATION TO PAY DEBT CHARGES ON THE BONDS AND ANY ANTICIPATORY   495          

SECURITIES.                                                        496          

      ON ADOPTION OF THE RESOLUTION, THE BOARD SHALL CERTIFY A     499          

COPY OF IT TO THE COUNTY AUDITOR.  THE COUNTY AUDITOR PROMPTLY     500          

SHALL ESTIMATE AND CERTIFY TO THE BOARD THE AVERAGE ANNUAL         501          

PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE   502          

BONDS TO PAY DEBT CHARGES ON THE BONDS, IN THE SAME MANNER AS      503          

UNDER DIVISION (C) OF SECTION 133.18 OF THE REVISED CODE.          504          

      (B)  AFTER RECEIVING THE COUNTY AUDITOR'S CERTIFICATION      507          

UNDER DIVISION (A) OF THIS SECTION, THE BOARD OF EDUCATION OF THE  508          

CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, BY A VOTE OF     510          

TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT THE  511          

AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION  512          

WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE         513          

PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT    514          

IS NECESSARY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL                    

DISTRICT FOR PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX  515          

IN EXCESS OF THE TEN-MILL LIMITATION TO PAY DEBT CHARGES ON THE    516          

BONDS AND ANY ANTICIPATORY SECURITIES; THAT IT IS NECESSARY FOR A  517          

SPECIFIED NUMBER OF YEARS OR FOR A CONTINUING PERIOD OF TIME TO    518          

LEVY ADDITIONAL TAXES IN EXCESS OF THE TEN-MILL LIMITATION TO      519          

PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, ENLARGEMENT,      520          

RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS OR TO PAY FOR  521          

CURRENT OPERATING EXPENSES, OR BOTH; AND THAT THE QUESTION OF THE  523          

BONDS AND TAXES SHALL BE SUBMITTED TO THE ELECTORS OF THE SCHOOL                

DISTRICT AT A SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN    524          

                                                          13     

                                                                 
SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE     525          

BOARD OF ELECTIONS, AND THE DATE OF WHICH SHALL BE CONSISTENT      526          

WITH SECTION 3501.01 OF THE REVISED CODE.  THE RESOLUTION SHALL    527          

SPECIFY ALL OF THE FOLLOWING:                                      528          

      (1)  THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL     530          

PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE   531          

BONDS TO PAY DEBT CHARGES ON THE BONDS;                            532          

      (2)  THE PROPOSED RATE OF THE TAX, IF ANY, FOR CURRENT       534          

OPERATING EXPENSES, THE FIRST YEAR THE TAX WILL BE LEVIED, AND     535          

THE NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED   536          

FOR A CONTINUING PERIOD OF TIME;                                   537          

      (3)  THE PROPOSED RATE OF THE TAX, IF ANY, FOR PERMANENT     539          

IMPROVEMENTS, THE FIRST YEAR THE TAX WILL BE LEVIED, AND THE       540          

NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED FOR   541          

A CONTINUING PERIOD OF TIME.                                                    

      THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE TAX    543          

BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT IMPROVEMENTS, IF  544          

BOTH TAXES ARE PROPOSED.  THE APPORTIONMENT MAY BUT NEED NOT BE    545          

THE SAME FOR EACH YEAR OF THE TAX, BUT THE RESPECTIVE PORTIONS OF  546          

THE RATE ACTUALLY LEVIED EACH YEAR FOR CURRENT OPERATING EXPENSES  547          

AND PERMANENT IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT.  548          

THE RESOLUTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE,    549          

AND NO PUBLICATION OF IT IS NECESSARY OTHER THAN THAT PROVIDED IN               

THE NOTICE OF ELECTION.  THE BOARD OF EDUCATION SHALL CERTIFY A    550          

COPY OF THE RESOLUTION, ALONG WITH COPIES OF THE AUDITOR'S         551          

ESTIMATE AND ITS RESOLUTION UNDER DIVISION (A) OF THIS SECTION,    552          

TO THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION.          553          

      (C)  THE BOARD OF ELECTIONS SHALL MAKE THE ARRANGEMENTS FOR  556          

THE SUBMISSION OF THE QUESTION TO THE ELECTORS OF THE SCHOOL       557          

DISTRICT, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND      558          

CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT  559          

FOR THE ELECTION OF COUNTY OFFICERS.  THE RESOLUTION SHALL BE PUT  560          

BEFORE THE ELECTORS AS ONE BALLOT QUESTION, WITH A FAVORABLE VOTE  561          

INDICATING APPROVAL OF THE BOND ISSUE, THE LEVY TO PAY DEBT        562          

                                                          14     

                                                                 
CHARGES ON THE BONDS AND ANY ANTICIPATORY SECURITIES, THE CURRENT  563          

OPERATING EXPENSES LEVY, AND THE PERMANENT IMPROVEMENTS LEVY, IF   564          

EITHER OR BOTH LEVIES ARE PROPOSED.  THE BOARD OF ELECTIONS SHALL  565          

PUBLISH NOTICE OF THE ELECTION IN ONE OR MORE NEWSPAPERS OF        566          

GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR FOUR    567          

CONSECUTIVE WEEKS.  THE NOTICE OF ELECTION SHALL STATE ALL OF THE               

FOLLOWING:                                                         568          

      (1)  THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE;        570          

      (2)  THE PERMANENT IMPROVEMENTS FOR WHICH THE BONDS ARE TO   573          

BE ISSUED;                                                                      

      (3)  THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL    576          

OF THE BONDS MAY BE PAID;                                                       

      (4)  THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX    579          

RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE     580          

COUNTY AUDITOR;                                                                 

      (5)  THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR    582          

CURRENT OPERATING EXPENSES;                                        583          

      (6)  THE NUMBER OF YEARS THE CURRENT OPERATING EXPENSES TAX  586          

WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A CONTINUING   587          

PERIOD OF TIME;                                                                 

      (7)  THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR    589          

PERMANENT IMPROVEMENTS;                                            590          

      (8)  THE NUMBER OF YEARS THE PERMANENT IMPROVEMENTS TAX      592          

WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A CONTINUING   593          

PERIOD OF TIME;                                                                 

      (9)  THE TIME AND PLACE OF THE SPECIAL ELECTION.             595          

      (D)  THE FORM OF THE BALLOT FOR AN ELECTION UNDER THIS       598          

SECTION IS AS FOLLOWS:                                                          

      "SHALL THE .......... SCHOOL DISTRICT BE AUTHORIZED TO DO    601          

THE FOLLOWING:                                                                  

      (1)  ISSUE BONDS FOR THE PURPOSE OF .......... IN THE        603          

PRINCIPAL AMOUNT OF $......, TO BE REPAID ANNUALLY OVER A MAXIMUM  605          

PERIOD OF ...... YEARS, AND LEVY A PROPERTY TAX OUTSIDE THE                     

TEN-MILL LIMITATION, ESTIMATED BY THE COUNTY AUDITOR TO AVERAGE    606          

                                                          15     

                                                                 
OVER THE BOND REPAYMENT PERIOD ...... MILLS FOR EACH ONE DOLLAR    608          

OF TAX VALUATION, WHICH AMOUNTS TO ...... (RATE EXPRESSED IN       609          

CENTS OR DOLLARS AND CENTS, SUCH AS "36 CENTS" OR "$1.41") FOR     610          

EACH $100 OF TAX VALUATION, TO PAY THE ANNUAL DEBT CHARGES ON THE  611          

BONDS, AND TO PAY DEBT CHARGES ON ANY NOTES ISSUED IN                           

ANTICIPATION OF THOSE BONDS?"                                      612          

      IF EITHER A LEVY FOR PERMANENT IMPROVEMENTS OR A LEVY FOR    614          

CURRENT OPERATING EXPENSES IS PROPOSED, OR BOTH ARE PROPOSED, THE  615          

BALLOT ALSO SHALL CONTAIN THE FOLLOWING LANGUAGE, AS APPROPRIATE:  616          

      "(2)  LEVY AN ADDITIONAL PROPERTY TAX TO PROVIDE FUNDS FOR   618          

THE ACQUISITION, CONSTRUCTION, ENLARGEMENT, RENOVATION, AND        619          

FINANCING OF PERMANENT IMPROVEMENTS AT A RATE NOT EXCEEDING        620          

....... MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS  621          

TO ....... (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS) FOR                   

EACH $100 OF TAX VALUATION, FOR ...... (NUMBER OF YEARS OF THE     622          

LEVY, OR A CONTINUING PERIOD OF TIME)?                             623          

      (3)  LEVY AN ADDITIONAL PROPERTY TAX TO PAY CURRENT          625          

OPERATING EXPENSES AT A RATE NOT EXCEEDING ....... MILLS FOR EACH  626          

ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO ....... (RATE        627          

EXPRESSED IN CENTS OR DOLLARS AND CENTS) FOR EACH $100 OF TAX      628          

VALUATION, FOR ....... (NUMBER OF YEARS OF THE LEVY, OR A          629          

CONTINUING PERIOD OF TIME)?                                                     

                                                                   631          

          FOR THE BOND ISSUE AND LEVY (OR LEVIES)                  632          

                                                                   634          

          AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)              635          

                                                           "       637          

      (E)  THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE       640          

RESULTS OF THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY     641          

AUDITOR OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED.     642          

IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE FOR IT,  644          

THE BOARD OF EDUCATION MAY PROCEED WITH ISSUANCE OF THE BONDS AND  645          

WITH THE LEVY AND COLLECTION OF THE PROPERTY TAX OR TAXES AT THE   646          

ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE TEN-MILL       647          

                                                          16     

                                                                 
LIMITATION.  ANY SECURITIES ISSUED BY THE BOARD OF EDUCATION       648          

UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT TERM IS    650          

DEFINED IN SECTION 133.01 OF THE REVISED CODE.                     651          

      (F)(1)  AFTER THE APPROVAL OF A TAX FOR CURRENT OPERATING    653          

EXPENSES UNDER THIS SECTION AND PRIOR TO THE TIME THE FIRST        655          

COLLECTION AND DISTRIBUTION FROM THE LEVY CAN BE MADE, THE BOARD   656          

OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH     657          

LEVY AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT        658          

EXCEEDING FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE    659          

TAX TO BE COLLECTED DURING THE FIRST YEAR OF THE LEVY.             660          

      (2)  AFTER THE APPROVAL OF A TAX UNDER THIS SECTION FOR      662          

PERMANENT IMPROVEMENTS HAVING A SPECIFIC PURPOSE, THE BOARD OF     663          

EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX    664          

AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING   665          

FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX          666          

REMAINING TO BE COLLECTED IN EACH YEAR OVER A PERIOD OF FIVE       667          

YEARS AFTER ISSUANCE OF THE NOTES.                                 668          

      (3)  AFTER THE APPROVAL OF A TAX FOR GENERAL, ON-GOING       670          

PERMANENT IMPROVEMENTS UNDER THIS SECTION, THE BOARD OF EDUCATION  672          

MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX AND ISSUE    673          

ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER   674          

CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX TO BE COLLECTED    675          

IN EACH YEAR OVER A SPECIFIED PERIOD OF YEARS, NOT EXCEEDING TEN,  676          

AFTER ISSUANCE OF THE NOTES.                                                    

      ANTICIPATION NOTES UNDER THIS SECTION SHALL BE ISSUED AS     679          

PROVIDED IN SECTION 133.24 OF THE REVISED CODE.  NOTES ISSUED      680          

UNDER DIVISION (F)(1) OR (2) OF THIS SECTION SHALL HAVE PRINCIPAL  681          

PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A  682          

PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A PRINCIPAL PAYMENT  683          

IN THE YEAR OF THEIR ISSUANCE.  NOTES ISSUED UNDER DIVISION        685          

(F)(3) OF THIS SECTION SHALL HAVE PRINCIPAL PAYMENTS DURING EACH   686          

YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED  687          

TEN YEARS, AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR   688          

ISSUANCE.                                                                       

                                                          17     

                                                                 
      (G)  A TAX FOR CURRENT OPERATING EXPENSES OR FOR PERMANENT   690          

IMPROVEMENTS LEVIED UNDER THIS SECTION FOR A SPECIFIED NUMBER OF   692          

YEARS MAY BE RENEWED OR REPLACED IN THE SAME MANNER AS A TAX FOR   693          

CURRENT OPERATING EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED    694          

UNDER SECTION 5705.21 OF THE REVISED CODE.  A TAX FOR CURRENT      695          

OPERATING EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED UNDER      696          

THIS SECTION FOR A CONTINUING PERIOD OF TIME MAY BE DECREASED IN   697          

ACCORDANCE WITH SECTION 5705.261 OF THE REVISED CODE.              698          

      (H)  THE SUBMISSION OF A QUESTION TO THE ELECTORS UNDER      701          

THIS SECTION IS SUBJECT TO THE LIMITATION ON THE NUMBER OF         702          

ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION 5705.214 OF     703          

THE REVISED CODE.                                                               

      Sec. 5739.021.  (A)  For the purpose of providing            712          

additional general revenues for the county or supporting criminal  713          

and administrative justice services in the county, or both, and    714          

to pay the expenses of administering such levy, any county may     715          

levy a tax at the rate of not more than one per cent at any        716          

multiple of one-fourth of one per cent upon every retail sale      717          

made in the county, except sales of watercraft and outboard        718          

motors required to be titled pursuant to Chapter 1548. of the      719          

Revised Code and sales of motor vehicles, and may increase the     720          

rate of an existing tax to not more than one per cent at any       721          

multiple of one-fourth of one per cent.                            722          

      The tax shall be levied and the rate increased pursuant to   724          

a resolution of the county commissioners.  The resolution shall    725          

state the purpose for which the tax is to be levied and the        726          

number of years for which the tax is to be levied, or that it is   727          

for a continuing period of time.  If the tax is to be levied for   728          

the purpose of providing additional general revenues and for the   729          

purpose of supporting criminal and administrative justice          730          

services, the resolution shall state the rate or amount of the     731          

tax to be apportioned to each such purpose.  The rate or amount    732          

may be different for each year the tax is to be levied, but the    733          

rates or amounts actually apportioned each year shall not be       734          

                                                          18     

                                                                 
different from that stated in the resolution for that year.  A     735          

certified copy of the resolution shall be delivered to the tax     736          

commissioner either personally or by certified mail not later      737          

than the sixtieth day prior to the date on which the tax is to     738          

become effective.  Prior to the adoption of any resolution under   739          

this section, the board of county commissioners shall conduct two  740          

public hearings on the resolution, the second hearing to be not    741          

less than three nor more than ten days after the first.  Notice    742          

of the date, time, and place of the hearings shall be given by     743          

publication in a newspaper of general circulation in the county    744          

once a week on the same day of the week for two consecutive        745          

weeks, the second publication being not less than ten nor more     746          

than thirty days prior to the first hearing.  If a petition for a  747          

referendum is filed pursuant to sections 305.31 to 305.41 of the   749          

Revised Code, the county auditor with whom the petition was filed  750          

shall, within five days, notify the board of county commissioners  751          

and the tax commissioner of the filing of the petition by          752          

certified mail.  If the board of elections with which the          753          

petition was filed declares the petition invalid, the board of     754          

elections shall, within five days, SHALL notify the board of       756          

county commissioners and the tax commissioner of that declaration  757          

by certified mail.  If the board of elections declares the         759          

petition to be invalid, the effective date of the tax or           760          

increased rate of tax levied by this section shall be the first    761          

day of the month following the expiration of thirty days from the  762          

date the petition was declared invalid by the board of elections.  763          

      (B)(1)  A resolution levying or increasing the rate of a     765          

sales tax pursuant to this section shall become effective on the   766          

first day of the month specified in the resolution but not         767          

earlier than the first day of the month following the expiration   768          

of sixty days from the date of its adoption, subject to a          769          

referendum as provided in sections 305.31 to 305.41 of the         770          

Revised Code, unless the resolution is adopted as an emergency     771          

measure necessary for the immediate preservation of the public     772          

                                                          19     

                                                                 
peace, health, or safety, in which case it shall go into effect    773          

on the first day of the month following the expiration of thirty   774          

days from the date of notice by the board of county commissioners  775          

to the tax commissioner of its adoption.  The emergency MEASURE    776          

shall receive an affirmative vote of all of the members of the     777          

board of county commissioners and shall state the reasons for      778          

such necessity.                                                    779          

      (2)(a)  A resolution that is not adopted as an emergency     781          

measure may direct the board of elections to submit the question   782          

of levying the tax or increasing the rate of tax to the electors   783          

of the county at the next primary or general A SPECIAL election    785          

in the county occurring HELD ON THE DATE SPECIFIED BY THE BOARD    786          

OF COUNTY COMMISSIONERS IN THE RESOLUTION, PROVIDED THAT THE       787          

ELECTION OCCURS not less than seventy-five days after a certified  789          

copy of such resolution is transmitted to the board of elections   790          

AND THE ELECTION IS NOT HELD IN FEBRUARY OR AUGUST OF ANY YEAR.    791          

Upon transmission of the resolution to the board of elections,     793          

the board of county commissioners shall notify the tax                          

commissioner in writing of the levy question to be submitted to    794          

the electors.  No resolution adopted under division (B)(2)(a) of   795          

this section shall go into effect unless approved by a majority    796          

of those voting upon it and not until the first day of the month   797          

following the expiration of thirty days from the date of notice    798          

to the tax commissioner by the board of elections of the           799          

affirmative vote.                                                  800          

      (b)  A resolution that is adopted as an emergency measure    802          

shall go into effect as provided in division (B)(1) of this        803          

section but may direct the board of elections to submit the        804          

question of repealing the tax or increase in the rate of the tax   805          

to the electors of the county at the next general election in the  806          

county occurring not less than seventy-five days after a certifed  807          

copy of the resolution is transmitted to the board of elections.   808          

Upon transmission of the resolution to the board of elections,     809          

the board of county commissioners shall notify the tax             810          

                                                          20     

                                                                 
commissioner in writing of the levy question to be submitted to    811          

the electors.  The ballot question shall be the same as that       812          

prescribed in section 5739.022 of the Revised Code.  The board of  813          

elections shall notify the board of county commissioners and the   814          

tax commissioner of the result of the election immediately after   815          

the result has been declared.  If a majority of the qualified      816          

electors voting on the question of repealing the tax or increase   817          

in the rate of the tax vote for repeal of the tax or repeal of     818          

the increase, the board of county commissioners, on the first day  819          

of the month following the expiration of thirty days after the     820          

date it received notice of the result of the election, shall, in   821          

the case of a repeal of the tax, cease to levy the tax, or, in     822          

the case of a repeal of an increase in the rate of the tax, cease  823          

to levy the increased rate and levy the tax at the rate at which   824          

it was imposed immediately prior to the increase in rate.          825          

      (C)  If a resolution is rejected at a referendum or if a     827          

resolution adopted after January 1, 1982, as an emergency measure  828          

is repealed by the electors pursuant to division (B)(2)(b) of      829          

this section or section 5739.022 of the Revised Code, then for     830          

one year after the date of the election at which the resolution    831          

was rejected or repealed the board of county commissioners may     832          

not adopt any resolution authorized by this section as an          833          

emergency measure.                                                 834          

      (D)  The board of county commissioners, at any time while a  836          

tax levied under this section is in effect, may by resolution      837          

reduce the rate at which the tax is levied to a lower rate         838          

authorized by this section.  Any reduction in the rate at which    839          

the tax is levied shall be made effective on the first day of the  840          

month specified in the resolution but not sooner than the first    841          

day of the month next following the thirtieth day after the        842          

certification of the resolution to the tax commissioner.           843          

      (E)  The tax on every retail sale subject to a tax levied    845          

pursuant to this section shall be in addition to the tax levied    846          

by section 5739.02 of the Revised Code and any tax levied          847          

                                                          21     

                                                                 
pursuant to section 5739.023 or 5739.026 of the Revised Code.      848          

      A county that levies a tax pursuant to this section shall    850          

levy a tax at the same rate pursuant to section 5741.021 of the    851          

Revised Code.                                                      852          

      The additional tax levied by the county shall be collected   854          

pursuant to section 5739.025 of the Revised Code.  If the          855          

additional tax or some portion thereof is levied for the purpose   856          

of criminal and administrative justice services, the revenue from  857          

the tax, or the amount or rate apportioned to that purpose, shall  858          

be credited to a special fund created in the county treasury for   859          

receipt of that revenue.                                           860          

      Any tax levied pursuant to this section is subject to the    862          

exemptions provided in section 5739.02 of the Revised Code and in  863          

addition shall not be applicable to sales not within the taxing    864          

power of a county under the constitution of the United States or   865          

the constitution of this state.                                    866          

      (F)  For purposes of this section, a copy of a resolution    868          

is "certified" when it contains a written statement attesting      869          

that the copy is a true and exact reproduction of the original     870          

resolution.                                                        871          

      (G)  If a board of commissioners intends to adopt a          873          

resolution to levy a tax in whole or in part for the purpose of    874          

criminal and administrative justice services, the board shall      875          

prepare and make available at the first public hearing at which    876          

the resolution is considered a statement containing the following  877          

information:                                                       878          

      (1)  For each of the two preceding fiscal years, the amount  880          

of expenditures made by the county from the county general fund    881          

for the purpose of criminal and administrative justice services;   882          

      (2)  For the fiscal year in which the resolution is          884          

adopted, the board's estimate of the amount of expenditures to be  885          

made by the county from the county general fund for the purpose    886          

of criminal and administrative justice services;                   887          

      (3)  For each of the two fiscal years after the fiscal year  889          

                                                          22     

                                                                 
in which the resolution is adopted, the board's preliminary plan   890          

for expenditures to be made from the county general fund for the   891          

purpose of criminal and administrative justice services, both      892          

under the assumption that the tax will be imposed for that         893          

purpose and under the assumption that the tax would not be         894          

imposed for that purpose, and for expenditures to be made from     895          

the special fund created under division (E) of this section under  896          

the assumption that the tax will be imposed for that purpose.      897          

      The board shall prepare the statement and the preliminary    899          

plan using the best information available to the board at the      900          

time the statement is prepared.  Neither the statement nor the     901          

preliminary plan shall be used as a basis to challenge the         902          

validity of the tax in any court of competent jurisdiction, nor    903          

shall the statement or preliminary plan limit the authority of     904          

the board to appropriate, pursuant to section 5705.38 of the       905          

Revised Code, an amount different from that specified in the       906          

preliminary plan.                                                  907          

      (H)  As used in this section, "criminal and administrative   909          

justice services" means the exercise by the county sheriff of all  910          

powers and duties vested in that office by law; the exercise by    911          

the county prosecuting attorney of all powers and duties vested    912          

in that office by law; the exercise by any court in the county of  913          

all powers and duties vested in that court; the exercise by the    914          

clerk of the court of common pleas, any clerk of a municipal       915          

court having jurisdiction throughout the county, or the clerk of   916          

any county court of all powers and duties vested in the clerk by   917          

law except, in the case of the clerk of the court of common        918          

pleas, the titling of motor vehicles or watercraft pursuant to     919          

Chapter 1548. or 4505. of the Revised Code; the exercise by the    920          

county coroner of all powers and duties vested in that office by   921          

law; making payments to any other public agency or a private,      922          

nonprofit agency, the purposes of which in the county include the  923          

diversion, adjudication, detention, or rehabilitation of           924          

criminals or juvenile offenders; the operation and maintenance of  925          

                                                          23     

                                                                 
any detention facility, as defined in section 2921.01 of the       926          

Revised Code; and the construction, acquisition, equipping, or     927          

repair of such a detention facility, including the payment of any  928          

debt charges incurred in the issuance of securities pursuant to    929          

Chapter 133. of the Revised Code for the purpose of constructing,  930          

acquiring, equipping, or repairing such a facility.                931          

      Sec. 5739.026.  (A)  A board of county commissioners may     940          

levy a tax of one-fourth or one-half of one per cent on every      941          

retail sale in the county, except sales of watercraft and          942          

outboard motors required to be titled pursuant to Chapter 1548.    943          

of the Revised Code and sales of motor vehicles, and may increase  944          

an existing rate of one-fourth of one per cent to one-half of one  945          

per cent, to pay the expenses of administering the tax and,        946          

except as provided in division (A)(6) of this section, for any     947          

one or more of the following purposes:                             948          

      (1)  To provide additional revenues for the payment of       950          

bonds or notes issued in anticipation of bonds issued by a         951          

convention facilities authority established by the board of        952          

county commissioners under Chapter 351. of the Revised Code and    953          

to provide additional operating revenues for the convention        954          

facilities authority;                                              955          

      (2)  To provide additional revenues for a transit authority  957          

operating in the county;                                           958          

      (3)  To provide additional revenue for the county's general  960          

fund;                                                              961          

      (4)  To provide additional revenue for permanent             963          

improvements within the county to be distributed by the community  964          

improvements board in accordance with section 307.283 and to pay   965          

principal, interest, and premium on bonds issued under section     966          

133.312 of the Revised Code;                                       967          

      (5)  To provide additional revenue for the acquisition,      969          

construction, equipping, or repair of any specific permanent       970          

improvement or any class or group of permanent improvements,       971          

which improvement or class or group of improvements shall be       972          

                                                          24     

                                                                 
enumerated in the resolution required by division (D) of this      973          

section, and to pay principal, interest, premium, and other costs  974          

associated with the issuance of bonds or notes in anticipation of  975          

bonds issued pursuant to Chapter 133. of the Revised Code for the  976          

acquisition, construction, equipping, or repair of the specific    977          

permanent improvement or class or group of permanent               978          

improvements;                                                      979          

      (6)  To provide revenue for the implementation and           981          

operation of a 9-1-1 system in the county.  If the tax is levied   982          

or the rate increased exclusively for such purpose, the tax shall  983          

not be levied or the rate increased for more than five years.  At  984          

the end of the last year the tax is levied or the rate increased,  985          

any balance remaining in the special fund established for such     986          

purpose shall remain in that fund and be used exclusively for      987          

such purpose until the fund is completely expended, and,           988          

notwithstanding section 5705.16 of the Revised Code, the board of  989          

county commissioners shall not petition for the transfer of money  990          

from such special fund, and the tax commissioner shall not         991          

approve such a petition.                                           992          

      If the tax is levied or the rate increased for such purpose  994          

for more than five years, the board of county commissioners also   995          

shall levy the tax or increase the rate of the tax for one or      996          

more of the purposes described in divisions (A)(1) to (5) of this  997          

section and shall prescribe the method for allocating the          998          

revenues from the tax each year in the manner required by          999          

division (C) of this section.                                      1,000        

      (7)  To provide additional revenue for the operation or      1,002        

maintenance of a detention facility, as that term is defined       1,003        

under division (F) of section 2921.01 of the Revised Code.;        1,004        

      (8)  To provide revenue to finance the construction or       1,007        

renovation of a sports facility, but only if the tax is levied     1,008        

for that purpose in the manner prescribed by section 5739.028 of   1,009        

the Revised Code.                                                               

      As used in division (A)(8) of this section:                  1,011        

                                                          25     

                                                                 
      (a)  "Sports facility" means a facility intended to house    1,014        

major league professional athletic teams.                          1,015        

      (b)  "Constructing" or "construction" includes providing     1,018        

fixtures, furnishings, and equipment.                                           

      Pursuant to section 755.171 of the Revised Code, a board of  1,020        

county commissioners may pledge and contribute revenue from a tax  1,021        

levied for the purpose of division (A)(5) of this section to the   1,023        

payment of debt charges on bonds issued under section 755.17 of                 

the Revised Code.                                                               

      The rate of tax shall be a multiple of one-fourth of one     1,025        

per cent, unless a portion of the rate of an existing tax levied   1,026        

under section 5739.023 of the Revised Code has been reduced, and   1,027        

the rate of tax levied under this section has been increased,      1,028        

pursuant to section 5739.028 of the revised code, in which case    1,029        

the aggregate of the rates of tax levied under this section and    1,030        

section 5739.023 of the Revised Code shall be a multiple of        1,031        

one-fourth of one per cent.  The tax shall be levied and the rate  1,032        

increased pursuant to a resolution adopted by a majority of the    1,034        

members of the board.                                                           

      Prior to the adoption of any resolution to levy the tax or   1,036        

to increase the rate of tax exclusively for the purpose set forth  1,037        

in division (A)(3) of this section, the board of county            1,038        

commissioners shall conduct two public hearings on the             1,039        

resolution, the second hearing to be no fewer than three nor more  1,040        

than ten days after the first.  Notice of the date, time, and      1,041        

place of the hearings shall be given by publication in a           1,042        

newspaper of general circulation in the county once a week on the  1,043        

same day of the week for two consecutive weeks, the second         1,044        

publication being no fewer than ten nor more than thirty days      1,045        

prior to the first hearing.  The resolution shall become           1,046        

effective on the first day of the month specified in the           1,047        

resolution but not earlier than the first day of the month         1,048        

following the expiration of sixty days from the date of its        1,049        

adoption, subject to a referendum as provided in sections 305.31   1,050        

                                                          26     

                                                                 
to 305.41 of the Revised Code, unless the resolution is adopted    1,051        

as an emergency measure necessary for the immediate preservation   1,052        

of the public peace, health, or safety, in which case it shall go  1,053        

into effect on the first day of the month following the            1,054        

expiration of thirty days from the date of notice by the board of  1,055        

county commissioners to the tax commissioner of its adoption.      1,056        

The emergency measure shall receive an affirmative vote of all of  1,057        

the members of the board of county commissioners and shall state   1,058        

the reasons for the necessity.                                     1,059        

      If the tax is for more than one of the purposes set forth    1,062        

in division (A)(1) to (7) of this section or is exclusively for    1,064        

one of the purposes set forth in division (A)(1), (2), (4), (5),   1,065        

(6), or (7) of this section, the resolution shall not go into      1,066        

effect unless it is approved by a majority of the electors voting  1,068        

on the question of the tax.                                        1,069        

      (B)  The board of county commissioners shall adopt a         1,071        

resolution under section 351.02 of the Revised Code creating the   1,072        

convention facilities authority, or under section 307.283 of the   1,073        

Revised Code creating the community improvements board, before     1,074        

adopting a resolution levying a tax for the purpose of a           1,075        

convention facilities authority under division (A)(1) of this      1,076        

section or for the purpose of a community improvements board       1,077        

under division (A)(4) of this section.                             1,078        

      (C)(1)  If the tax is to be used for more than one of the    1,080        

purposes set forth in divisions (A)(1) to (7) of this section,     1,081        

the board of county commissioners shall establish the method that  1,082        

will be used to determine the amount or proportion of the tax      1,083        

revenue received by the county during each year that will be       1,084        

distributed for each of those purposes, including, if applicable,  1,085        

provisions governing the reallocation of a convention facilities   1,086        

authority's allocation if the authority is dissolved while the     1,087        

tax is in effect.  The allocation method may provide that          1,088        

different proportions or amounts of the tax shall be distributed   1,089        

among the purposes in different years, but it shall clearly        1,090        

                                                          27     

                                                                 
describe the method that will be used for each year.  Except as    1,091        

otherwise provided in division (C)(2) of this section, the         1,092        

allocation method established by the board is not subject to       1,093        

amendment during the life of the tax.                              1,094        

      (2)  Subsequent to holding a public hearing on the proposed  1,096        

amendment, the board of county commissioners may amend the         1,097        

allocation method established under division (C)(1) of this        1,098        

section for any year if the amendment is approved by the           1,099        

governing board of each entity whose allocation for the year       1,100        

would be reduced by the proposed amendment.  In the case of a tax  1,101        

that is levied for a continuing period of time, the board may not  1,102        

so amend the allocation method for any year before the sixth year  1,103        

that the tax is in effect.                                         1,104        

      (a)  If the additional revenues provided to the convention   1,106        

facilities authority are pledged by the authority for the payment  1,107        

of convention facilities authority revenue bonds for as long as    1,108        

such bonds are outstanding, no reduction of the authority's        1,109        

allocation of the tax shall be made for any year except to the     1,110        

extent that the reduced authority allocation, when combined with   1,111        

the authority's other revenues pledged for that purpose, is        1,112        

sufficient to meet the debt service requirements for that year on  1,113        

such bonds.                                                        1,114        

      (b)  If the additional revenues provided to the county are   1,116        

pledged by the county for the payment of bonds or notes issued     1,117        

under Chapter 133. of the Revised Code, for as long as such bonds  1,118        

or notes are outstanding, no reduction of the county's or the      1,119        

community improvements board's allocation of the tax shall be      1,120        

made for any year except to the extent that the reduced county or  1,121        

community improvements board allocation is sufficient to meet the  1,122        

debt service requirements for that year on such bonds or notes.    1,123        

      (c)  If the additional revenues provided to the transit      1,125        

authority are pledged by the authority for the payment of revenue  1,126        

bonds issued under section 306.37 of the Revised Code, for as      1,127        

long as such bonds are outstanding, no reduction of the            1,128        

                                                          28     

                                                                 
authority's allocation of tax shall be made for any year except    1,129        

to the extent that the authority's reduced allocation, when        1,130        

combined with the authority's other revenues pledged for that      1,131        

purpose, is sufficient to meet the debt service requirements for   1,132        

that year on such bonds.                                           1,133        

      (D)(1)  The resolution levying the tax or increasing the     1,135        

rate of tax shall state the rate of the tax or the rate of the     1,136        

increase; the purpose or purposes for which it is to be levied;    1,137        

the number of years for which it is to be levied or that it is     1,138        

for a continuing period of time; the allocation method required    1,139        

by division (C) of this section; and if required to be submitted   1,140        

to the electors of the county under division (A) of this section,  1,141        

the date of the election at which the proposal shall be submitted  1,142        

to the electors of the county, which shall be not less than        1,143        

seventy-five days after the certification of a copy of the         1,144        

resolution to the board of elections AND, IF THE TAX IS TO BE      1,145        

LEVIED EXCLUSIVELY FOR THE PURPOSE SET FORTH IN DIVISION (A)(3)    1,146        

OF THIS SECTION, SHALL NOT OCCUR IN FEBRUARY OR AUGUST OF ANY      1,147        

YEAR.  Upon certification of the resolution to the board of        1,149        

elections, the board of county commissioners shall notify the tax  1,150        

commissioner in writing of the levy question to be submitted to    1,151        

the electors.  If approved by a majority of the electors, the tax  1,152        

shall become effective on the first day of the month specified in  1,153        

the resolution but not earlier than the first day of the month     1,154        

next following the thirtieth day following the certification of    1,155        

the results of the election to the board of county commissioners   1,156        

and the tax commissioner by the board of elections.                1,157        

      (2)(a)  A resolution specifying that the tax is to be used   1,159        

exclusively for the purpose set forth in division (A)(3) of this   1,160        

section that is not adopted as an emergency measure may direct     1,161        

the board of elections to submit the question of levying the tax   1,162        

or increasing the rate of the tax to the electors of the county    1,163        

at the next primary or general A SPECIAL election in the county    1,165        

occurring HELD ON THE DATE SPECIFIED BY THE BOARD OF COUNTY        1,166        

                                                          29     

                                                                 
COMMISSIONERS IN THE RESOLUTION, PROVIDED THAT THE ELECTION                     

OCCURS not less than seventy-five days after the resolution is     1,167        

certified to the board of elections AND THE ELECTION IS NOT HELD   1,168        

IN FEBRUARY OR AUGUST OF ANY YEAR.  Upon certification of the      1,169        

resolution to the board of elections, the board of county          1,170        

commissioners shall notify the tax commissioner in writing of the  1,171        

levy question to be submitted to the electors.  No resolution      1,172        

adopted under division (D)(2)(a) of this section shall go into     1,173        

effect unless approved by a majority of those voting upon it and   1,174        

not until the first day of the month specified in the resolution   1,175        

but not earlier than the first day of the month following the      1,176        

expiration of thirty days from the date of the notice to the tax   1,177        

commissioner by the board of elections of the affirmative vote.    1,178        

      (b)  A resolution specifying that the tax is to be used      1,180        

exclusively for the purpose set forth in division (A)(3) of this   1,181        

section that is adopted as an emergency measure shall become       1,182        

effective as provided in division (A) of this section but may      1,183        

direct the board of elections to submit the question of repealing  1,184        

the tax or increase in the rate of the tax to the electors of the  1,185        

county at the next general election in the county occurring not    1,186        

less than seventy-five days after the resolution is certified to   1,187        

the board of elections.  Upon certification of the resolution to   1,188        

the board of elections, the board of county commissioners shall    1,189        

notify the tax commissioner in writing of the levy question to be  1,190        

submitted to the electors.  The ballot question shall be the same  1,191        

as that prescribed in section 5739.022 of the Revised Code.  The   1,192        

board of elections shall notify the board of county commissioners  1,193        

and the tax commissioner of the result of the election             1,194        

immediately after the result has been declared.  If a majority of  1,195        

the qualified electors voting on the question of repealing the     1,196        

tax or increase in the rate of the tax vote for repeal of the tax  1,197        

or repeal of the increase, the board of county commissioners, on   1,198        

the first day of the month following the expiration of thirty      1,199        

days after the date it received notice of the result of the        1,200        

                                                          30     

                                                                 
election, shall, in the case of a repeal of the tax, cease to      1,201        

levy the tax, or, in the case of a repeal of an increase in the    1,202        

rate of the tax, cease to levy the increased rate and levy the     1,203        

tax at the rate at which it was imposed immediately prior to the   1,204        

increase in rate.                                                  1,205        

      (E)  The tax levied pursuant to this section shall be in     1,207        

addition to the tax levied by section 5739.02 of the Revised Code  1,208        

and any tax levied pursuant to section 5739.021 or 5739.023 of     1,209        

the Revised Code.                                                  1,210        

      A county that levies a tax pursuant to this section shall    1,212        

levy a tax at the same rate pursuant to section 5741.023 of the    1,213        

Revised Code.                                                      1,214        

      The additional tax levied by the county shall be collected   1,216        

pursuant to section 5739.025 of the Revised Code.                  1,217        

      Any tax levied pursuant to this section is subject to the    1,219        

exemptions provided in section 5739.02 of the Revised Code and in  1,220        

addition shall not be applicable to sales not within the taxing    1,221        

power of a county under the constitution of the United States or   1,222        

the constitution of this state.                                    1,223        

      Sec. 5739.028.  As used in this section "sports facility"    1,232        

and "constructing" have the same meanings as in division (A)(8)    1,233        

of section 5739.026 of the Revised Code.                           1,234        

      This section applies only to taxes levied pursuant to        1,236        

sections 5739.023 and 5741.022 of the Revised Code by a regional   1,238        

transit authority created under section 306.31 of the Revised      1,239        

Code for a continuing period of time and at an aggregate rate, on  1,240        

the effective date of this section, greater than one-half of one   1,241        

per cent on every retail sale made in the territory of the         1,242        

transit authority.                                                              

      The board of county commissioners of the most populous       1,244        

county in the territory of a regional transit authority levying a  1,245        

tax to which this section applies may adopt a resolution not       1,246        

later than one hundred eighty days after the effective date of     1,247        

this section proposing to reduce the rate of such a tax and to     1,249        

                                                          31     

                                                                 
increase by the same extent the rate of tax levied under sections  1,250        

5739.026 and 5741.023 of the Revised Code for the purpose of       1,251        

constructing or renovating a sports facility.  The total           1,252        

reduction in the rate of taxes levied by a transit authority and   1,253        

the increase in the rate of tax levied for the purpose of          1,254        

constructing or renovating a sports facility shall not exceed      1,255        

one-tenth of one per cent upon retail sales made in the territory  1,256        

of the transit authority; provided, the amount of taxes received   1,257        

by the county for the purpose of constructing or renovating a      1,258        

sports facility under this section shall not exceed four million   1,260        

five hundred thousand dollars in any calendar year.  Any amounts                

received by a county in a calendar year in excess of four million  1,261        

five hundred thousand dollars pursuant to this section shall be    1,262        

paid to the transit authority by the county within forty-five      1,263        

days following receipt by the county.                              1,264        

      The resolution shall specify that the rate of tax levied by  1,267        

the transit authority will be reduced and that a tax will be       1,268        

levied at the same rate for the purpose of constructing or         1,269        

renovating a sports facility; the rate by which the tax levied by  1,270        

the transit authority will be reduced and by which the tax levied  1,271        

for the purpose of constructing or renovating a sports facility    1,272        

will be increased; the date the rates levied for those purposes    1,273        

will be reduced and increased, respectively; and the number of     1,275        

years the rate levied by a transit authority will be reduced and   1,276        

the rate levied for constructing or renovating a sports facility   1,277        

will be increased.  The date the rate levied by the transit        1,278        

authority will be reduced and the rate levied for the purpose of   1,279        

constructing or renovating a sports facility will be increased                  

shall not be earlier than the first day of the month that begins   1,280        

at least sixty days after the day the election on the question is  1,281        

conducted unless the board of county commissioners levies a tax    1,282        

under one or more of sections 307.697, 4301.421, 5743.024, and     1,283        

5743.323 of the Revised Code on the effective date of this         1,284        

section, in which case the date the rate levied by the transit     1,285        

                                                          32     

                                                                 
authority will be reduced and the rate levied for the purpose of   1,286        

constructing or renovating a sports facility will be increased     1,287        

shall not be earlier than the first day following the latest day   1,288        

on which any of the taxes levied under one of those sections on                 

the effective date of this amendment may be levied as prescribed   1,290        

by the resolution levying that tax.  The number of years the rate  1,291        

of the existing tax may be reduced and the rate of tax may be      1,292        

levied for constructing or renovating a sports facility may be     1,293        

any number of years as specified in the resolution, or for a       1,294        

continuing period of time if so specified in the resolution.       1,295        

      Before a resolution adopted under this section may take      1,297        

effect, the board of county commissioners shall submit the         1,298        

resolution to the approval of the electors of the county, and the  1,299        

resolution shall be approved by a majority of voters voting on     1,300        

the question.  Upon adoption of the resolution, the board of                    

county commissioners shall certify a copy of the resolution to     1,301        

the board of elections of the county and to the tax commissioner,  1,302        

and the board of elections shall submit the question at the next   1,303        

primary or general A SPECIAL election occurring HELD ON THE DATE   1,305        

SPECIFIED BY THE BOARD OF COUNTY COMMISSIONERS IN THE RESOLUTION,  1,306        

PROVIDED THAT THE ELECTION OCCURS not less than seventy-five days  1,307        

after the resolution is certified to the board of elections AND    1,308        

THE ELECTION IS NOT HELD IN FEBRUARY OR AUGUST OF ANY YEAR.  The   1,309        

board of county commissioners shall certify the copy of the        1,311        

resolution to the board of elections in the manner prescribed                   

under section 3505.071 of the Revised Code.  The board of          1,313        

elections shall certify the results of the election to the board   1,314        

of county commissioners and to the tax commissioner.  If the       1,315        

question is approved by a majority of electors voting on the       1,317        

question, the rate of tax imposed under sections 5739.023 and      1,318        

5741.022 of the Revised Code shall be reduced, and the rate of     1,319        

tax levied for constructing or renovating a sports facility under  1,320        

sections 5739.026 and 5741.023 of the Revised Code shall be        1,321        

increased by the same amount, on the date specified in the                      

                                                          33     

                                                                 
resolution.                                                        1,322        

      If revenue from a tax levied under sections 5739.023 and     1,324        

5741.022 of the Revised Code and subject to reduction under this   1,325        

section is pledged to the payment of bonds, notes, or notes in     1,326        

anticipation of bonds, the board of county commissioners adopting  1,327        

a resolution under this section shall provide sufficient revenue   1,328        

from the tax for the repayment of debt charges on those bonds or   1,329        

notes, unless an adequate substitute for payment of those charges  1,330        

is provided by the transit authority.                              1,331        

      Sec. 5748.01.  As used in this chapter:                      1,340        

      (A)  "School district income tax" means an income tax        1,342        

adopted under either ONE of the following:                         1,343        

      (1)  Former section 5748.03 of the Revised Code as it        1,345        

existed prior to its repeal by Amended Substitute House Bill No.   1,346        

291 of the 115th general assembly;                                 1,347        

      (2)  Section 5748.03 of the Revised Code as enacted in       1,349        

Substitute Senate Bill No. 28 of the 118th general assembly;       1,350        

      (3)  SECTION 5748.08 OF THE REVISED CODE AS ENACTED IN       1,352        

SENATE BILL NO. 17 OF THE 122nd GENERAL ASSEMBLY.                  1,353        

      (B)  "Individual" means an individual subject to the tax     1,355        

levied by section 5747.02 of the Revised Code.                     1,356        

      (C)  "Estate" means an estate subject to the tax levied by   1,358        

section 5747.02 of the Revised Code.                               1,359        

      (D)  "Taxable year" means a taxable year as defined in       1,361        

division (M) of section 5747.01 of the Revised Code.               1,362        

      (E)  "Taxable income" means:                                 1,364        

      (1)  In the case of an individual, adjusted gross income     1,366        

for the taxable year as defined in division (A) of section         1,367        

5747.01 of the Revised Code, less the exemptions provided by       1,368        

section 5747.02 of the Revised Code;                               1,369        

      (2)  In the case of an estate, taxable income for the        1,371        

taxable year as defined in division (S) of section 5747.01 of the  1,372        

Revised Code.                                                      1,373        

      (F)  Except as provided in section 5747.25 of the Revised    1,375        

                                                          34     

                                                                 
Code, "resident" of the school district means:                     1,376        

      (1)  An individual who is a resident of this state as        1,378        

defined in division (I) of section 5747.01 of the Revised Code     1,379        

during all or a portion of the taxable year and who, during all    1,380        

or a portion of such period of state residency, is domiciled in    1,381        

the school district or lives in and maintains a permanent place    1,382        

of abode in the school district;                                   1,383        

      (2)  An estate of a decedent who, at the time of his death,  1,385        

was domiciled in the school district.                              1,386        

      (G)  "School district income" means:                         1,388        

      (1)  With respect to an individual, the portion of the       1,390        

taxable income of an individual that is received by the            1,391        

individual during the portion of the taxable year that the         1,392        

individual is a resident of the school district and the school     1,393        

district income tax is in effect in that school district.  An      1,394        

individual may have school district income with respect to more    1,395        

than one school district.                                          1,396        

      (2)  With respect to an estate, the taxable income of the    1,398        

estate for the portion of the taxable year that the school         1,399        

district income tax is in effect in that school district.          1,400        

      (H)  "Taxpayer" means an individual or estate having school  1,402        

district income upon which a school district income tax is         1,403        

imposed.                                                           1,404        

      (I)  "School district purposes" means any of the purposes    1,406        

for which a tax may be levied pursuant to section 5705.21 of the   1,407        

Revised Code.                                                      1,408        

      Sec. 5748.05.   After the approval by the electors of a      1,417        

resolution under section 5748.03 OR 5748.08 of the Revised Code    1,419        

to impose a school district income tax to provide an increase in   1,420        

current operating revenues or in current revenues for permanent    1,421        

improvements and prior to the time when the first payment to the   1,422        

district from the tax can be made, a board of education may        1,423        

anticipate a fraction of the proceeds of the tax and issue         1,424        

anticipation notes in an amount not exceeding fifty per cent of    1,425        

                                                          35     

                                                                 
the total estimated proceeds of the tax to be collected for its    1,426        

first year of collection as estimated by the tax commissioner.     1,427        

The anticipation notes are Chapter 133. securities and shall be    1,428        

issued as provided in section 133.24 of the Revised Code as if     1,429        

property tax anticipation notes.  The notes shall have principal   1,430        

payments during each year after their year of issuance over a      1,431        

period not to exceed five years and, if determined by the board    1,432        

of education, during the year of their issuance.  The legislation  1,433        

authorizing issuance of the notes may also provide for the annual  1,434        

levy and collection of voted ad valorem property taxes levied for  1,435        

the applicable purpose for which the notes are issued and for the  1,436        

application of the proceeds of the levy to the extent necessary    1,437        

to pay annual debt charges on the notes.                           1,438        

      Sec. 5748.08.  (A)  THE BOARD OF EDUCATION OF A CITY,        1,441        

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE  1,442        

OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT   1,443        

IT MAY BE NECESSARY FOR THE SCHOOL DISTRICT TO DO ALL OF THE       1,444        

FOLLOWING:                                                                      

      (1)  RAISE A SPECIFIED AMOUNT OF MONEY FOR SCHOOL DISTRICT   1,446        

PURPOSES BY LEVYING AN ANNUAL TAX ON THE SCHOOL DISTRICT INCOME    1,447        

OF INDIVIDUALS AND ESTATES;                                        1,448        

      (2)  ISSUE GENERAL OBLIGATION BONDS FOR PERMANENT            1,450        

IMPROVEMENTS, STATING IN THE RESOLUTION THE NECESSITY AND PURPOSE  1,451        

OF THE BOND ISSUE AND THE AMOUNT, APPROXIMATE DATE, ESTIMATED      1,452        

RATE OF INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE       1,453        

PRINCIPAL OF THE BONDS MAY BE PAID;                                1,454        

      (3)  LEVY A TAX OUTSIDE THE TEN-MILL LIMITATION TO PAY DEBT  1,457        

CHARGES ON THE BONDS AND ANY ANTICIPATORY SECURITIES;              1,458        

      (4)  SUBMIT THE QUESTION OF THE SCHOOL DISTRICT INCOME TAX   1,460        

AND BOND ISSUE TO THE ELECTORS OF THE DISTRICT AT A SPECIAL        1,461        

ELECTION.                                                          1,462        

      ON ADOPTION OF THE RESOLUTION, THE BOARD SHALL CERTIFY A     1,464        

COPY OF IT TO THE TAX COMMISSIONER AND THE COUNTY AUDITOR NO       1,465        

LATER THAN NINETY DAYS PRIOR TO THE DATE OF THE SPECIAL ELECTION   1,467        

                                                          36     

                                                                 
AT WHICH THE BOARD INTENDS TO PROPOSE THE INCOME TAX AND BOND      1,468        

ISSUE.  NOT LATER THAN TEN DAYS OF RECEIPT OF THE RESOLUTION, THE  1,469        

TAX COMMISSIONER, IN THE SAME MANNER AS REQUIRED BY DIVISION (A)   1,470        

OF SECTION 5748.02 OF THE REVISED CODE, SHALL ESTIMATE THE RATES   1,472        

DESIGNATED IN DIVISION (A)(1) AND (2) OF THAT SECTION AND CERTIFY  1,474        

THEM TO THE BOARD.  NOT LATER THAN TEN DAYS OF RECEIPT OF THE      1,475        

RESOLUTION, THE COUNTY AUDITOR SHALL ESTIMATE AND CERTIFY TO THE   1,476        

BOARD THE AVERAGE ANNUAL PROPERTY TAX RATE REQUIRED THROUGHOUT     1,477        

THE STATED MATURITY OF THE BONDS TO PAY DEBT CHARGES ON THE        1,478        

BONDS, IN THE SAME MANNER AS UNDER DIVISION (C) OF SECTION 133.18  1,480        

OF THE REVISED CODE.                                               1,481        

      (B)  ON RECEIPT OF THE TAX COMMISSIONER'S AND COUNTY         1,484        

AUDITOR'S CERTIFICATIONS PREPARED UNDER DIVISION (A) OF THIS       1,485        

SECTION, THE BOARD OF EDUCATION OF THE CITY, LOCAL, OR EXEMPTED    1,486        

VILLAGE SCHOOL DISTRICT, BY A VOTE OF TWO-THIRDS OF ALL ITS        1,487        

MEMBERS, MAY ADOPT A RESOLUTION PROPOSING FOR A SPECIFIED NUMBER   1,488        

OF YEARS OR FOR A CONTINUING PERIOD OF TIME THE LEVY OF AN ANNUAL  1,489        

TAX FOR SCHOOL DISTRICT PURPOSES ON THE SCHOOL DISTRICT INCOME OF  1,491        

INDIVIDUALS AND OF ESTATES AND DECLARING THAT THE AMOUNT OF TAXES  1,492        

THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION WILL BE                       

INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE PRESENT AND     1,493        

FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT IS NECESSARY   1,494        

TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT FOR       1,495        

SPECIFIED PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX IN  1,497        

EXCESS OF THE TEN-MILL LIMITATION TO PAY THE DEBT CHARGES ON THE   1,498        

BONDS AND ANY ANTICIPATORY SECURITIES; AND THAT THE QUESTION OF                 

THE BONDS AND TAXES SHALL BE SUBMITTED TO THE ELECTORS OF THE      1,500        

SCHOOL DISTRICT AT A SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER  1,501        

THAN SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO    1,502        

THE BOARD OF ELECTIONS, AND THE DATE OF WHICH SHALL BE CONSISTENT  1,503        

WITH SECTION 3501.01 OF THE REVISED CODE.  THE RESOLUTION SHALL    1,504        

SPECIFY ALL OF THE FOLLOWING:                                      1,505        

      (1)  THE PURPOSE FOR WHICH THE SCHOOL DISTRICT INCOME TAX    1,507        

IS TO BE IMPOSED AND THE RATE OF THE TAX, WHICH SHALL BE THE RATE  1,509        

                                                          37     

                                                                 
SET FORTH IN THE TAX COMMISSIONER'S CERTIFICATION ROUNDED TO THE   1,510        

NEAREST ONE-FOURTH OF ONE PER CENT;                                             

      (2)  THE NUMBER OF YEARS THE TAX WILL BE LEVIED, OR THAT IT  1,513        

WILL BE LEVIED FOR A CONTINUING PERIOD OF TIME;                                 

      (3)  THE DATE ON WHICH THE TAX SHALL TAKE EFFECT, WHICH      1,515        

SHALL BE THE FIRST DAY OF JANUARY OF ANY YEAR FOLLOWING THE YEAR   1,518        

IN WHICH THE QUESTION IS SUBMITTED;                                             

      (4)  THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL     1,520        

PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE   1,521        

BONDS TO PAY DEBT CHARGES ON THE BONDS.                            1,522        

      (C)  A RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS         1,525        

SECTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO    1,526        

PUBLICATION OF THE RESOLUTION SHALL BE NECESSARY OTHER THAN THAT   1,527        

PROVIDED FOR IN THE NOTICE OF ELECTION.  IMMEDIATELY AFTER ITS     1,528        

ADOPTION AND AT LEAST SEVENTY-FIVE DAYS PRIOR TO THE ELECTION AT   1,529        

WHICH THE QUESTION WILL APPEAR ON THE BALLOT, THE BOARD OF         1,530        

EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION, ALONG WITH       1,531        

COPIES OF THE AUDITOR'S ESTIMATE AND ITS RESOLUTION UNDER          1,532        

DIVISION (A) OF THIS SECTION, TO THE BOARD OF ELECTIONS OF THE     1,534        

PROPER COUNTY.  THE BOARD OF EDUCATION SHALL MAKE THE              1,535        

ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS    1,536        

OF THE SCHOOL DISTRICT, AND THE ELECTION SHALL BE CONDUCTED,       1,537        

CANVASSED, AND CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS   1,538        

IN THE DISTRICT FOR THE ELECTION OF COUNTY OFFICERS.               1,539        

      THE RESOLUTION SHALL BE PUT BEFORE THE ELECTORS AS ONE       1,541        

BALLOT QUESTION, WITH A MAJORITY VOTE INDICATING APPROVAL OF THE   1,542        

SCHOOL DISTRICT INCOME TAX, THE BOND ISSUE, AND THE LEVY TO PAY    1,543        

DEBT CHARGES ON THE BONDS AND ANY ANTICIPATORY SECURITIES.  THE    1,544        

BOARD OF ELECTIONS SHALL PUBLISH THE NOTICE OF THE ELECTION IN     1,546        

ONE OR MORE NEWSPAPERS OF GENERAL CIRCULATION IN THE SCHOOL        1,547        

DISTRICT ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS.  THE NOTICE OF    1,548        

ELECTION SHALL STATE ALL OF THE FOLLOWING:                         1,549        

      (1)  THE QUESTIONS TO BE SUBMITTED TO THE ELECTORS;          1,551        

      (2)  THE RATE OF THE SCHOOL DISTRICT INCOME TAX;             1,553        

                                                          38     

                                                                 
      (3)  THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE;        1,556        

      (4)  THE PERMANENT IMPROVEMENTS FOR WHICH THE BONDS ARE TO   1,559        

BE ISSUED;                                                                      

      (5)  THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL    1,561        

OF THE BONDS MAY BE PAID;                                          1,562        

      (6)  THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX    1,564        

RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE     1,565        

COUNTY AUDITOR;                                                    1,566        

      (7)  THE TIME AND PLACE OF THE SPECIAL ELECTION.             1,568        

      (D)  THE FORM OF THE BALLOT ON A QUESTION SUBMITTED TO THE   1,571        

ELECTORS UNDER THIS SECTION SHALL BE AS FOLLOWS:                   1,572        

      "SHALL THE ........ SCHOOL DISTRICT BE AUTHORIZED TO DO      1,574        

BOTH OF THE FOLLOWING:                                             1,575        

      (1)  IMPOSE AN ANNUAL INCOME TAX OF ...... (STATE THE        1,577        

PROPOSED RATE OF TAX) ON THE SCHOOL DISTRICT INCOME OF             1,578        

INDIVIDUALS AND OF ESTATES, FOR ........ (STATE THE NUMBER OF      1,579        

YEARS THE TAX WOULD BE LEVIED, OR THAT IT WOULD BE LEVIED FOR A    1,580        

CONTINUING PERIOD OF TIME), BEGINNING ........ (STATE THE DATE     1,581        

THE TAX WOULD FIRST TAKE EFFECT), FOR THE PURPOSE OF ........      1,582        

(STATE THE PURPOSE OF THE TAX)?                                    1,583        

      (2)  ISSUE BONDS FOR THE PURPOSE OF ....... IN THE           1,585        

PRINCIPAL AMOUNT OF $......, TO BE REPAID ANNUALLY OVER A MAXIMUM  1,587        

PERIOD OF ....... YEARS, AND LEVY A PROPERTY TAX OUTSIDE THE       1,588        

TEN-MILL LIMITATION ESTIMATED BY THE COUNTY AUDITOR TO AVERAGE     1,589        

OVER THE BOND REPAYMENT PERIOD ....... MILLS FOR EACH ONE DOLLAR   1,590        

OF TAX VALUATION, WHICH AMOUNTS TO ....... (RATE EXPRESSED IN      1,591        

CENTS OR DOLLARS AND CENTS, SUCH AS "36 CENTS" OR "$1.41") FOR     1,592        

EACH $100 OF TAX VALUATION, TO PAY THE ANNUAL DEBT CHARGES ON THE               

BONDS, AND TO PAY DEBT CHARGES ON ANY NOTES ISSUED IN              1,593        

ANTICIPATION OF THOSE BONDS?                                       1,594        

                                                          39     

                                                                 
                                                                   1,597        

               FOR THE INCOME TAX AND BOND ISSUE                   1,598        

                                                                   1,599        

               AGAINST THE INCOME TAX AND BOND ISSUE               1,600        

                                                        "          1,601        

      (E)  THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE       1,605        

RESULTS OF THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY     1,606        

AUDITOR OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED.     1,607        

IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE IN       1,608        

FAVOR OF IT, THE INCOME TAX AND THE APPLICABLE PROVISIONS OF       1,610        

CHAPTER 5747. OF THE REVISED CODE SHALL TAKE EFFECT ON THE DATE    1,613        

SPECIFIED IN THE RESOLUTION, AND THE BOARD OF EDUCATION MAY                     

PROCEED WITH ISSUANCE OF THE BONDS AND WITH THE LEVY AND           1,614        

COLLECTION OF THE PROPERTY TAXES TO PAY DEBT CHARGES ON THE        1,615        

BONDS, AT THE ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE  1,617        

TEN-MILL LIMITATION.  ANY SECURITIES ISSUED BY THE BOARD OF                     

EDUCATION UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT  1,620        

TERM IS DEFINED IN SECTION 133.01 OF THE REVISED CODE.             1,622        

      (F)  AFTER APPROVAL OF A QUESTION UNDER THIS SECTION, THE    1,625        

BOARD OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF    1,626        

THE SCHOOL DISTRICT INCOME TAX IN ACCORDANCE WITH SECTION 5748.05  1,627        

OF THE REVISED CODE.  ANY ANTICIPATION NOTES UNDER THIS DIVISION   1,628        

SHALL BE ISSUED AS PROVIDED IN SECTION 133.24 OF THE REVISED       1,630        

CODE, SHALL HAVE PRINCIPAL PAYMENTS DURING EACH YEAR AFTER THE     1,631        

YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE YEARS,     1,632        

AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR ISSUANCE.    1,633        

      (G)  THE QUESTION OF REPEAL OF A SCHOOL DISTRICT INCOME TAX  1,636        

LEVIED FOR MORE THAN FIVE YEARS MAY BE INITIATED AND SUBMITTED IN  1,637        

ACCORDANCE WITH SECTION 5748.04 OF THE REVISED CODE.               1,639        

      (H)  NO BOARD OF EDUCATION SHALL SUBMIT A QUESTION UNDER     1,642        

THIS SECTION TO THE ELECTORS OF THE SCHOOL DISTRICT MORE THAN      1,643        

TWICE IN ANY CALENDAR YEAR.  IF A BOARD SUBMITS THE QUESTION       1,644        

TWICE IN ANY CALENDAR YEAR, ONE OF THE ELECTIONS ON THE QUESTION   1,645        

SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION.                              

                                                          40     

                                                                 
      Section 2.  That existing sections 145.56, 3307.71,          1,647        

3309.66, 3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5739.021,   1,648        

5739.026, 5739.028, 5748.01, and 5748.05 of the Revised Code are   1,650        

hereby repealed.                                                                

      Section 3.  Section 3317.08 of the Revised Code is           1,652        

presented in this act as a composite of the section as amended by  1,653        

both Am. Sub. H.B. 571 and Am. Sub. H.B. 552 of the 120th General  1,654        

Assembly, with the new language of neither of the acts shown in    1,656        

capital letters.  This is in recognition of the principle stated   1,657        

in division (B) of section 1.52 of the Revised Code that such      1,658        

amendments are to be harmonized where not substantively            1,659        

irreconcilable and constitutes a legislative finding that such is  1,660        

the resulting version in effect prior to the effective date of     1,661        

this act.                                                                       

      Section 4.  The amendments to sections 5739.021, 5739.026,   1,664        

and 5739.028 of the Revised Code in this act are intended to       1,665        

expand the date on which elections provided for under those        1,666        

sections may be held, from the dates of primary and general                     

elections only, to the dates on which a special election may be    1,667        

held under division (D) of section 3501.01 of the Revised Code,    1,668        

except for the first Tuesday after the first Monday in February    1,669        

and August.  The amendment of these sections is not intended to    1,670        

affect the dates on which an election may be held under division                

(D)(1) of section 5739.026 of the Revised Code relative to the     1,671        

levying of taxes or increasing the rate of tax for more than one   1,673        

of the purposes set forth in divisions (A)(1) through (7) of       1,674        

section 5739.026 of the Revised Code, or exclusively for one of    1,675        

the purposes set forth in divisions (A)(1), (2), (4), (5), (6),    1,676        

or (7) of that section, which shall continue to be governed by     1,677        

division (D) of section 3501.01 of the Revised Code.  Nothing in                

section 5739.021, 5739.026, or 5739.028 of the Revised Code, as    1,678        

amended by this act, shall be construed to reduce or constrict     1,680        

the dates on which an election previously could be held under      1,681        

those sections.                                                                 

                                                          41     

                                                                 
      Section 5.  If, prior to this act becoming law, a copy of a  1,683        

resolution is certified by a board of county commissioners to the  1,684        

board of elections as provided in division (B)(2)(a) of section    1,685        

5739.021 or division (D)(2) of section 5739.026 of the Revised     1,686        

Code, the certification, and the proper preparations of the board  1,687        

of elections to place the question proposed by the resolution on   1,688        

the ballot at a special election held on May 6, 1997, are hereby                

ratified, and the question may appear on the ballot at a special   1,689        

election held on that date.                                        1,690        

      Section 6.  This act is hereby declared to be an emergency   1,692        

measure necessary for the immediate preservation of the public     1,693        

peace, health, and safety.  The reasons for such necessity are     1,694        

that ballot measures must be taken as soon as possible to          1,695        

preserve and expand educational opportunities and protect the                   

safety of Ohio's pupils by improving the physical facilities of    1,696        

their schools, and that the recent repeal of sales and use taxes   1,697        

in some counties has decreased county revenues and, as a result,   1,698        

greatly limited services in those counties.  Therefore, this act   1,699        

shall go into immediate effect.