As Passed by the Senate*                       1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


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

   WATTS-ZALESKI-GARDNER-WHITE-HOWARD-LATTA-DiDONATO-BLESSING-     9            

                           FINAN-CUPP                              10           


                                                                   13           

                           A   B I L L                                          

             To amend sections 145.56, 3307.71, 3309.66, 3316.06,  15           

                3316.08, 3317.08, 5505.22, 5705.214, 5739.021,     16           

                5739.026, 5739.028, 5748.01, and 5748.05, and to                

                enact sections 5705.217, 5705.218, and 5748.08 of  18           

                the Revised Code to permit a school board to       19           

                propose to the electors, as one ballot question,                

                a school district income tax and bond issue, or a  20           

                property tax for the dual purposes of operating    21           

                expenses and permanent improvements, including                  

                issuing bonds for permanent improvements, to       22           

                permit a county to propose certain sales and use   24           

                taxes at a special election, except one held in                 

                February or August, and to declare an emergency.   26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 145.56, 3307.71, 3309.66,          30           

3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5739.021, 5739.026,  31           

5739.028, 5748.01, and 5748.05 be amended and sections 5705.217,   32           

5705.218, and 5748.08 of the Revised Code be enacted to read as    33           

follows:                                                                        

      Sec. 145.56.  The right of a person to a pension, an         42           

annuity, or A retirement allowance itself, any optional benefit,   43           

any other right accrued or accruing to any person, under sections  44           

145.01 to 145.58 of the Revised Code, or of any municipal          45           

retirement system established subject to such sections, under the  46           

                                                          2      

                                                                 
laws of this state or any charter, the various funds created by    47           

sections 145.01 to 145.58 of the Revised Code, or under such       48           

municipal retirement system, and all moneys and investments and    49           

income thereof, are exempt from any state tax, except the tax      50           

imposed by section 5747.02 of the Revised Code and are exempt      52           

from any county, municipal, or other local tax, except taxes       53           

imposed pursuant to section 5748.02 OR 5748.08 of the Revised      54           

Code, and, except as provided in sections 145.57, 3111.23, and     56           

3113.21 of the Revised Code, shall not be subject to execution,    57           

garnishment, attachment, the operation of bankruptcy or the        58           

insolvency laws, or other process of law, and shall be             59           

unassignable except as specifically provided in sections 145.01    60           

to 145.58, 3111.23, and 3113.21 of the Revised Code.               61           

      Sec. 3307.71.  The right of a person to a pension, an        70           

annuity, or A retirement allowance itself, any optional benefit,   72           

any other right accrued or accruing to any person, under sections  73           

3307.01 to 3307.74 of the Revised Code, OR the various funds       75           

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

investments and income thereof, are exempt from any state tax,     76           

except the tax imposed by section 5747.02 of the Revised Code and  78           

are exempt from any county, municipal, or other local tax, except  79           

taxes imposed pursuant to section 5748.02 OR 5748.08 of the        80           

Revised Code, and, except as provided in sections 3111.23,         82           

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

execution, garnishment, attachment, the operation of bankruptcy    83           

or insolvency laws, or any other process of law whatsoever, and    84           

shall be unassignable except as specifically provided in sections  85           

3111.23, 3113.21, and 3307.01 to 3307.74 of the Revised Code.      86           

      Sec. 3309.66.  The right of a person to a pension, an        95           

annuity, or A retirement allowance itself, any optional benefit,   97           

any other right accrued or accruing to any persons, under          98           

sections 3309.01 to 3309.68 of the Revised Code, OR the various    100          

funds created by section 3309.60 of the Revised Code and all                    

moneys and investments and income thereof, are exempt from any     101          

                                                          3      

                                                                 
state tax, except the tax imposed by section 5747.02 of the        102          

Revised Code, and are exempt from any county, municipal, or other  103          

local tax, except taxes imposed pursuant to section 5748.02 OR     104          

5748.08 of the Revised Code, and, except as provided in sections   105          

3111.23, 3113.21, and 3309.67 of the Revised Code, shall not be    106          

subject to execution, garnishment, attachment, the operation of    107          

bankruptcy or insolvency laws, or any other process of law         108          

whatsoever, and shall be unassignable except as specifically       109          

provided in sections 3111.23, 3113.21, and 3309.01 to 3309.68 of   110          

the Revised Code.                                                               

      Sec. 3316.06.  (A)  Within sixty days after the first        120          

meeting of a school district financial planning and supervision                 

commission, the commission shall adopt a financial recovery plan   121          

regarding the school district for which the commission was         122          

created.  During the formulation of the plan, the commission       123          

shall seek appropriate input from the school district board and    124          

from the community.  This plan shall contain the following:                     

      (1)  Actions to be taken to:                                 126          

      (a)  Eliminate all fiscal emergency conditions declared to   129          

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

Code;                                                                           

      (b)  Satisfy any judgments, past due accounts payable, and   131          

all past due and payable payroll and fringe benefits;              132          

      (c)  Eliminate the deficits in all deficit funds;            134          

      (d)  Restore to special funds any moneys from such funds     136          

that were used for purposes not within the purposes of such        138          

funds, or borrowed from such funds by the purchase of debt         139          

obligations of the school district with the moneys of such funds,  140          

or missing from the special funds and not accounted for, if any;   141          

      (e)  Balance the budget, avoid future deficits in any        143          

funds, and maintain on a current basis payments of payroll,        144          

fringe benefits, and all accounts;                                 145          

      (f)  Avoid any fiscal emergency condition in the future;     147          

      (g)  Restore the ability of the school district to market    149          

                                                          4      

                                                                 
long-term general obligation bonds under provisions of law         150          

applicable to school districts generally.                          151          

      (2)  The management structure that will enable the school    153          

district to take the actions enumerated in division (A)(1) of      154          

this section.  The plan shall specify the level of fiscal and      155          

management control that the commission will exercise within the    156          

school district during the period of fiscal emergency, and shall   157          

enumerate respectively, the powers and duties of the commission    158          

and the powers and duties of the school board during that period.  159          

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

of the school board it considers necessary, including all powers   160          

related to personnel, curriculum, and legal issues in order to     161          

successfully implement the actions described in division (A)(1)    162          

of this section.                                                                

      (3)  The target dates for the commencement, progress upon,   165          

and completion of the actions enumerated in division (A)(1) of     166          

this section and a reasonable period of time expected to be        167          

required to implement the plan.  The commission shall prepare a                 

reasonable time schedule for progress toward and achievement of    169          

the requirements for the plan, and the plan shall be consistent    170          

with that time schedule.                                                        

      (4)  The amount and purpose of any issue of debt             172          

obligations that will be issued, together with assurances that     173          

any such debt obligations that will be issued will not exceed      174          

debt limits supported by appropriate certifications by the fiscal  175          

officer of the school district and the county auditor.  If the     176          

commission considers it necessary in order to maintain or improve  178          

educational opportunities of pupils in the school district, the    179          

plan may include a proposal to restructure or refinance            180          

outstanding debt obligations incurred by the board contingent                   

upon the approval, during the period of the fiscal emergency, by   181          

district voters of a tax levied under section 718.09, 718.10,      182          

5705.194, 5705.21, or 5748.02, OR 5748.08 of the Revised Code.     184          

Notwithstanding any provision of Chapter 133. or sections          185          

                                                          5      

                                                                 
3313.483 through 3313.4811 of the Revised Code, the restructuring  186          

or refinancing may extend the original period for repayment, and   187          

may alter the frequency and amount of repayments, interest or                   

other financing charges, and other terms of agreements under       188          

which the debt originally was contracted, at the discretion of     189          

the commission, provided that any loans received pursuant to       190          

section 3313.483 of the Revised Code shall be paid from funds the  191          

district would otherwise receive under sections 3317.022 to        192          

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

of section 3313.483 of the Revised Code.                           193          

      (B)  Any financial recovery plan may be amended subsequent   195          

to its adoption.                                                   196          

      Sec. 3316.08.  During a school district's fiscal emergency   205          

period, the auditor of state shall determine annually, or at any   206          

other time upon request of the financial planning and supervision  208          

commission, whether the school district will incur an operating    209          

deficit.  If the auditor of state determines that a school         210          

district will incur an operating deficit, the auditor of state     211          

shall certify that determination to the superintendent of public   212          

instruction, the financial planning and supervision commission,    213          

and the board of education of the school district.  Upon           214          

receiving the auditor of state's certification, the board of       215          

education or commission shall adopt a resolution to submit a       216          

ballot question proposing the levy of a tax under section          217          

5705.194 or 5705.21 or Chapter 5748. of the Revised Code.  Except  218          

as otherwise provided in this division, the tax shall be levied    220          

in the manner prescribed for a tax levied under section 5705.194   221          

or 5705.21 or under Chapter 5748. of the Revised Code.  The tax    222          

shall be levied for the purpose of paying current operating        223          

expenses of the school district.  The question shall propose that  224          

the tax be levied at the rate required to produce annual revenue   225          

sufficient to eliminate the operating deficit as certified by the  226          

auditor of state and to repay outstanding loans or other           227          

obligations incurred by the board of education for the purpose of  228          

                                                          6      

                                                                 
reducing or eliminating operating deficits, as determined by the   229          

financial planning and supervision commission.  The rate of a tax  230          

levied under section 5705.194 or 5705.21 of the Revised Code       231          

shall be determined by the county auditor, and the rate of a tax   232          

levied under section 5748.02 OR 5748.08 of the Revised Code shall  233          

be determined by the tax commissioner, upon the request of the     235          

commission.  The commission shall determine the election at which  236          

the question of the tax shall appear on the ballot, and the board  237          

of education or commission shall submit a copy of its resolution   238          

to the board of elections not later than seventy-five days prior   239          

to the day of that election.  The board of elections conducting    240          

the election shall certify the results of the election to the      241          

board of education and to the financial planning and supervision   242          

commission.                                                        243          

      Sec. 3317.08.  A board of education may admit to its         251          

schools a child it is not required by section 3313.64 or 3313.65   252          

of the Revised Code to admit, if tuition is paid for the child.    253          

      Unless otherwise provided by law, tuition shall be computed  255          

in accordance with this section.  A district's tuition charge for  256          

a school year shall be one of the following:                       257          

      (A)  For any child, except a handicapped preschool child     259          

described in division (B) of this section, the quotient obtained   260          

by dividing the sum of the amounts described in divisions (A)(1)   261          

and (2) of this section by the amount described in division        262          

(A)(3) of this section.                                            263          

      (1)  The district's total taxes charged and payable for      265          

current expenses for the tax year preceding the tax year in which  266          

the school year begins as certified under division (A)(3) of       267          

section 3317.021 of the Revised Code.                              268          

      (2)  The district's total taxes collected for current        270          

expenses under a school district income tax adopted pursuant to    271          

section 5748.03 OR 5748.08 of the Revised Code that are disbursed  273          

to the district during the fiscal year.  On or before the first    274          

day of June of each year, the tax commissioner shall certify the   275          

                                                          7      

                                                                 
amount to be used in the calculation under this division for the   276          

next fiscal year to the department of education for each city,     277          

local, and exempted village school district that levies a school   278          

district income tax.                                               279          

      (3)  The district's average daily membership less one-half   281          

the kindergarten average daily membership certified pursuant to    282          

section 3317.03 of the Revised Code for the preceding school       283          

year.                                                              284          

      (B)  For any handicapped preschool child not included in a   286          

unit approved under division (E) of section 3317.05 of the         287          

Revised Code, an amount computed for the school year as follows:   288          

      (1)  For each type of special education service provided to  290          

the child for whom tuition is being calculated, determine the      291          

amount of the district's operating expenses in providing that      292          

type of service to all handicapped preschool children not          293          

included in units approved under division (E) of section 3317.05   294          

of the Revised Code;                                               295          

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

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

section, determine the amount of such operating expenses that was  299          

paid from any state funds received under this chapter;             300          

      (3)  For each type of special education service for which    302          

operating expenses are determined under division (B)(1) of this    303          

section, divide the difference between the amount determined       304          

under division (B)(1) of this section and the amount determined    305          

under division (B)(2) of this section by the total number of       306          

handicapped preschool children not included in units approved      307          

under division (E) of section 3317.05 of the Revised Code who      308          

received that type of service;                                     309          

      (4)  Determine the sum of the quotients obtained under       311          

division (B)(3) of this section for all types of special           312          

education services provided to the child for whom tuition is       313          

being calculated.                                                  314          

      The state board of education shall adopt rules defining the  316          

                                                          8      

                                                                 
types of special education services and specifying the operating   317          

expenses to be used in the computation under this section.         318          

      If any child for whom a tuition charge is computed under     320          

this section for any school year is enrolled in a district for     321          

only part of that school year, the amount of the district's        322          

tuition charge for the child for the school year shall be          323          

computed in proportion to the number of school days the child is   324          

enrolled in the district during the school year.                   325          

      Except as otherwise provided in division (I) of section      327          

3313.64 of the Revised Code, whenever a district admits a child    328          

to its schools for whom tuition computed in accordance with this   329          

section is an obligation of another school district, the amount    330          

of the tuition shall be certified by the treasurer of the board    331          

of education of the district of attendance, to the board of        332          

education of the district required to pay tuition for its          333          

approval and payment.  If agreement as to the amount payable or    334          

the district required to pay the tuition cannot be reached, or     335          

the board of education of the district required to pay the         336          

tuition refuses to pay that amount, the board of education of the  337          

district of attendance shall notify the superintendent of public   338          

instruction.  The superintendent shall determine the correct       339          

amount and the district required to pay the tuition and shall      340          

deduct that amount, if any, under division (G) of section          341          

3317.023 of the Revised Code, from the district required to pay    342          

the tuition and add that amount to the amount allocated to the     343          

district attended under such division.  The superintendent of      344          

public instruction shall send to the district required to pay the  345          

tuition an itemized statement showing such deductions at the time  346          

of such deduction.                                                 347          

      When a political subdivision owns and operates an airport,   349          

welfare, or correctional institution or other project or facility  350          

outside its corporate limits and, the territory within which the   351          

facility is located is exempt from taxation by the school          352          

district within which such territory is located, and there are     353          

                                                          9      

                                                                 
school age children residing within such territory, the political  354          

subdivision owning such tax exempt territory shall pay tuition to  355          

the district in which such children attend school.  The tuition    356          

for these children shall be computed as provided for in this       357          

section.                                                           358          

      Sec. 5505.22.  The right of any person to a pension, or to   367          

the return of accumulated contributions, payable as provided       368          

under this chapter, and all moneys, investments of the state       369          

highway patrol retirement system, and income therefrom, are        370          

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

5747.02 of the Revised Code, and are exempt from any county,       371          

municipal, or other local tax, except taxes imposed pursuant to    372          

section 5748.02 OR 5748.08 of the Revised Code, and, except as     374          

provided in sections 3111.23, 3113.21, and 5505.26 of the Revised  376          

Code, shall not be subject to execution, garnishment, attachment,  377          

the operation of bankruptcy or insolvency laws, or any other                    

process of law whatsoever, and shall be unassignable except as     378          

specifically provided in this chapter.                             379          

      Sec. 5705.214.  Not more than three elections during any     388          

calendar year shall include the questions by a school district of  389          

tax levies proposed under any one or any combination of the        391          

following sections:  sections 5705.194, 5705.21, 5705.212, and     392          

5705.213, 5705.217, AND 5705.218 of the Revised Code.              394          

      Sec. 5705.217.  (A)  THE BOARD OF EDUCATION OF A CITY,       397          

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE  398          

OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT   399          

THE AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL         400          

LIMITATION WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR  401          

THE PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT   402          

IT IS NECESSARY TO LEVY AN ADDITIONAL TAX IN EXCESS OF THAT        403          

LIMITATION FOR THE PURPOSES OF PROVIDING FUNDS FOR CURRENT                      

OPERATING EXPENSES AND FOR THE ACQUISITION, CONSTRUCTION,          405          

ENLARGEMENT, RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS;  406          

AND THAT THE QUESTION OF THE TAX SHALL BE SUBMITTED TO THE         407          

                                                          10     

                                                                 
ELECTORS OF THE DISTRICT AT A SPECIAL ELECTION.  THE TAX MAY BE    408          

LEVIED FOR A SPECIFIED NUMBER OF YEARS NOT EXCEEDING FIVE OR, IF   409          

THE TAX IS FOR CURRENT OPERATING EXPENSES OR FOR GENERAL,          410          

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

THE RESOLUTION SHALL SPECIFY THE PROPOSED TAX RATE, THE FIRST      412          

YEAR THE TAX WILL BE LEVIED, AND THE NUMBER OF YEARS IT WILL BE    413          

LEVIED, OR THAT IT WILL BE LEVIED FOR A CONTINUING PERIOD OF       414          

TIME.  THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE TAX   415          

BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT IMPROVEMENTS.                  

THE APPORTIONMENT MAY BUT NEED NOT BE THE SAME FOR EACH YEAR OF    416          

THE TAX, BUT THE RESPECTIVE PORTIONS OF THE RATE ACTUALLY LEVIED   418          

EACH YEAR FOR CURRENT OPERATING EXPENSES AND PERMANENT             419          

IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT.                420          

      THE RESOLUTION SHALL SPECIFY THE DATE OF HOLDING THE         422          

SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN SEVENTY-FIVE     423          

DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE BOARD OF         424          

ELECTIONS AND SHALL BE CONSISTENT WITH THE REQUIREMENTS OF         425          

SECTION 3501.01 OF THE REVISED CODE.  THE RESOLUTION SHALL GO      427          

INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO PUBLICATION OF IT   428          

IS NECESSARY OTHER THAN THAT PROVIDED IN THE NOTICE OF ELECTION.   429          

THE BOARD OF EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION TO   430          

THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION.  SECTION    431          

5705.25 OF THE REVISED CODE GOVERNS THE ARRANGEMENTS AND FORM OF   432          

THE BALLOT FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS.     433          

      IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE    436          

IN FAVOR OF THE TAX, THE BOARD OF EDUCATION MAY MAKE THE LEVY AT   437          

THE ADDITIONAL RATE, OR AT ANY LESSER RATE IN EXCESS OF THE        438          

TEN-MILL LIMITATION.  IF THE TAX IS FOR A CONTINUING PERIOD OF     439          

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

THE REVISED CODE.                                                  440          

      (B)(1)  AFTER THE APPROVAL OF A TAX FOR CURRENT OPERATING    442          

EXPENSES UNDER THIS SECTION AND PRIOR TO THE TIME THE FIRST        443          

COLLECTION AND DISTRIBUTION FROM THE LEVY CAN BE MADE, THE BOARD   444          

OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH     445          

                                                          11     

                                                                 
LEVY AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT        446          

EXCEEDING FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE    447          

TAX TO BE COLLECTED DURING THE FIRST YEAR OF THE LEVY.             448          

      (2)  AFTER THE APPROVAL OF A TAX UNDER THIS SECTION FOR      450          

PERMANENT IMPROVEMENTS HAVING A SPECIFIC PURPOSE, THE BOARD OF     451          

EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX    452          

AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING   454          

FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX                       

REMAINING TO BE COLLECTED IN EACH YEAR OVER A PERIOD OF FIVE       455          

YEARS AFTER ISSUANCE OF THE NOTES.                                 456          

      (3)  AFTER THE APPROVAL OF A TAX FOR GENERAL, ON-GOING       458          

PERMANENT IMPROVEMENTS UNDER THIS SECTION, THE BOARD OF EDUCATION  460          

MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX AND ISSUE    461          

ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER   462          

CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX TO BE COLLECTED    463          

IN EACH YEAR OVER A SPECIFIED PERIOD OF YEARS, NOT EXCEEDING TEN,  464          

AFTER ISSUANCE OF THE NOTES.                                                    

      ANTICIPATION NOTES UNDER THIS SECTION SHALL BE ISSUED AS     466          

PROVIDED IN SECTION 133.24 OF THE REVISED CODE.  NOTES ISSUED      468          

UNDER DIVISION (B)(1) OR (2) OF THIS SECTION SHALL HAVE PRINCIPAL  469          

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

PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A PRINCIPAL PAYMENT  470          

IN THE YEAR OF THEIR ISSUANCE.  NOTES ISSUED UNDER DIVISION        472          

(B)(3) OF THIS SECTION SHALL HAVE PRINCIPAL PAYMENTS DURING EACH   473          

YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED  474          

TEN YEARS, AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR   475          

ISSUANCE.                                                                       

      (C)  THE SUBMISSION OF A QUESTION TO THE ELECTORS UNDER      478          

THIS SECTION IS SUBJECT TO THE LIMITATION ON THE NUMBER OF         479          

ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION 5705.214 OF     480          

THE REVISED CODE.                                                               

      Sec. 5705.218.  (A)  THE BOARD OF EDUCATION OF A CITY,       483          

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE  484          

OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT   485          

                                                          12     

                                                                 
IT MAY BE NECESSARY FOR THE SCHOOL DISTRICT TO ISSUE GENERAL       486          

OBLIGATION BONDS FOR PERMANENT IMPROVEMENTS.  THE RESOLUTION       487          

SHALL STATE ALL OF THE FOLLOWING:                                  488          

      (1)  THE NECESSITY AND PURPOSE OF THE BOND ISSUE;            490          

      (2)  THE DATE OF THE SPECIAL ELECTION AT WHICH THE QUESTION  493          

SHALL BE SUBMITTED TO THE ELECTORS;                                             

      (3)  THE AMOUNT, APPROXIMATE DATE, ESTIMATED RATE OF         495          

INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF  497          

THE BONDS MAY BE PAID;                                                          

      (4)  THE NECESSITY OF LEVYING A TAX OUTSIDE THE TEN-MILL     499          

LIMITATION TO PAY DEBT CHARGES ON THE BONDS AND ANY ANTICIPATORY   500          

SECURITIES.                                                        501          

      ON ADOPTION OF THE RESOLUTION, THE BOARD SHALL CERTIFY A     504          

COPY OF IT TO THE COUNTY AUDITOR.  THE COUNTY AUDITOR PROMPTLY     505          

SHALL ESTIMATE AND CERTIFY TO THE BOARD THE AVERAGE ANNUAL         506          

PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE   507          

BONDS TO PAY DEBT CHARGES ON THE BONDS, IN THE SAME MANNER AS      508          

UNDER DIVISION (C) OF SECTION 133.18 OF THE REVISED CODE.          509          

      (B)  AFTER RECEIVING THE COUNTY AUDITOR'S CERTIFICATION      512          

UNDER DIVISION (A) OF THIS SECTION, THE BOARD OF EDUCATION OF THE  513          

CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, BY A VOTE OF     515          

TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT THE  516          

AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION  517          

WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE         518          

PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT    519          

IS NECESSARY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL                    

DISTRICT FOR PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX  520          

IN EXCESS OF THE TEN-MILL LIMITATION TO PAY DEBT CHARGES ON THE    521          

BONDS AND ANY ANTICIPATORY SECURITIES; THAT IT IS NECESSARY FOR A  522          

SPECIFIED NUMBER OF YEARS OR FOR A CONTINUING PERIOD OF TIME TO    523          

LEVY ADDITIONAL TAXES IN EXCESS OF THE TEN-MILL LIMITATION TO      524          

PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, ENLARGEMENT,      525          

RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS OR TO PAY FOR  526          

CURRENT OPERATING EXPENSES, OR BOTH; AND THAT THE QUESTION OF THE  528          

                                                          13     

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

DISTRICT AT A SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN    529          

SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE     530          

BOARD OF ELECTIONS, AND THE DATE OF WHICH SHALL BE CONSISTENT      531          

WITH SECTION 3501.01 OF THE REVISED CODE.  THE RESOLUTION SHALL    532          

SPECIFY ALL OF THE FOLLOWING:                                      533          

      (1)  THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL     535          

PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE   536          

BONDS TO PAY DEBT CHARGES ON THE BONDS;                            537          

      (2)  THE PROPOSED RATE OF THE TAX, IF ANY, FOR CURRENT       539          

OPERATING EXPENSES, THE FIRST YEAR THE TAX WILL BE LEVIED, AND     540          

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

FOR A CONTINUING PERIOD OF TIME;                                   542          

      (3)  THE PROPOSED RATE OF THE TAX, IF ANY, FOR PERMANENT     544          

IMPROVEMENTS, THE FIRST YEAR THE TAX WILL BE LEVIED, AND THE       545          

NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED FOR   546          

A CONTINUING PERIOD OF TIME.                                                    

      THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE TAX    548          

BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT IMPROVEMENTS, IF  549          

BOTH TAXES ARE PROPOSED.  THE APPORTIONMENT MAY BUT NEED NOT BE    550          

THE SAME FOR EACH YEAR OF THE TAX, BUT THE RESPECTIVE PORTIONS OF  551          

THE RATE ACTUALLY LEVIED EACH YEAR FOR CURRENT OPERATING EXPENSES  552          

AND PERMANENT IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT.  553          

THE RESOLUTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE,    554          

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

THE NOTICE OF ELECTION.  THE BOARD OF EDUCATION SHALL CERTIFY A    555          

COPY OF THE RESOLUTION, ALONG WITH COPIES OF THE AUDITOR'S         556          

ESTIMATE AND ITS RESOLUTION UNDER DIVISION (A) OF THIS SECTION,    557          

TO THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION.          558          

      (C)  THE BOARD OF ELECTIONS SHALL MAKE THE ARRANGEMENTS FOR  561          

THE SUBMISSION OF THE QUESTION TO THE ELECTORS OF THE SCHOOL       562          

DISTRICT, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND      563          

CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT  564          

FOR THE ELECTION OF COUNTY OFFICERS.  THE RESOLUTION SHALL BE PUT  565          

                                                          14     

                                                                 
BEFORE THE ELECTORS AS ONE BALLOT QUESTION, WITH A FAVORABLE VOTE  566          

INDICATING APPROVAL OF THE BOND ISSUE, THE LEVY TO PAY DEBT        567          

CHARGES ON THE BONDS AND ANY ANTICIPATORY SECURITIES, THE CURRENT  568          

OPERATING EXPENSES LEVY, AND THE PERMANENT IMPROVEMENTS LEVY, IF   569          

EITHER OR BOTH LEVIES ARE PROPOSED.  THE BOARD OF ELECTIONS SHALL  570          

PUBLISH NOTICE OF THE ELECTION IN ONE OR MORE NEWSPAPERS OF        571          

GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR FOUR    572          

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

FOLLOWING:                                                         573          

      (1)  THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE;        575          

      (2)  THE PERMANENT IMPROVEMENTS FOR WHICH THE BONDS ARE TO   578          

BE ISSUED;                                                                      

      (3)  THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL    581          

OF THE BONDS MAY BE PAID;                                                       

      (4)  THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX    584          

RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE     585          

COUNTY AUDITOR;                                                                 

      (5)  THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR    587          

CURRENT OPERATING EXPENSES;                                        588          

      (6)  THE NUMBER OF YEARS THE CURRENT OPERATING EXPENSES TAX  591          

WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A CONTINUING   592          

PERIOD OF TIME;                                                                 

      (7)  THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR    594          

PERMANENT IMPROVEMENTS;                                            595          

      (8)  THE NUMBER OF YEARS THE PERMANENT IMPROVEMENTS TAX      597          

WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A CONTINUING   598          

PERIOD OF TIME;                                                                 

      (9)  THE TIME AND PLACE OF THE SPECIAL ELECTION.             600          

      (D)  THE FORM OF THE BALLOT FOR AN ELECTION UNDER THIS       603          

SECTION IS AS FOLLOWS:                                                          

      "SHALL THE .......... SCHOOL DISTRICT BE AUTHORIZED TO DO    606          

THE FOLLOWING:                                                                  

      (1)  ISSUE BONDS FOR THE PURPOSE OF .......... IN THE        608          

PRINCIPAL AMOUNT OF $......, TO BE REPAID ANNUALLY OVER A MAXIMUM  610          

                                                          15     

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

TEN-MILL LIMITATION, ESTIMATED BY THE COUNTY AUDITOR TO AVERAGE    611          

OVER THE BOND REPAYMENT PERIOD ...... MILLS FOR EACH ONE DOLLAR    613          

OF TAX VALUATION, WHICH AMOUNTS TO ...... (RATE EXPRESSED IN       614          

CENTS OR DOLLARS AND CENTS, SUCH AS "36 CENTS" OR "$1.41") FOR     615          

EACH $100 OF TAX VALUATION, TO PAY THE ANNUAL DEBT CHARGES ON THE  616          

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

ANTICIPATION OF THOSE BONDS?"                                      617          

      IF EITHER A LEVY FOR PERMANENT IMPROVEMENTS OR A LEVY FOR    619          

CURRENT OPERATING EXPENSES IS PROPOSED, OR BOTH ARE PROPOSED, THE  620          

BALLOT ALSO SHALL CONTAIN THE FOLLOWING LANGUAGE, AS APPROPRIATE:  621          

      "(2)  LEVY AN ADDITIONAL PROPERTY TAX TO PROVIDE FUNDS FOR   623          

THE ACQUISITION, CONSTRUCTION, ENLARGEMENT, RENOVATION, AND        624          

FINANCING OF PERMANENT IMPROVEMENTS AT A RATE NOT EXCEEDING        625          

....... MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS  626          

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

EACH $100 OF TAX VALUATION, FOR ...... (NUMBER OF YEARS OF THE     627          

LEVY, OR A CONTINUING PERIOD OF TIME)?                             628          

      (3)  LEVY AN ADDITIONAL PROPERTY TAX TO PAY CURRENT          630          

OPERATING EXPENSES AT A RATE NOT EXCEEDING ....... MILLS FOR EACH  631          

ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO ....... (RATE        632          

EXPRESSED IN CENTS OR DOLLARS AND CENTS) FOR EACH $100 OF TAX      633          

VALUATION, FOR ....... (NUMBER OF YEARS OF THE LEVY, OR A          634          

CONTINUING PERIOD OF TIME)?                                                     

                                                                   636          

          FOR THE BOND ISSUE AND LEVY (OR LEVIES)                  637          

                                                                   639          

          AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)              640          

                                                           "       642          

      (E)  THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE       645          

RESULTS OF THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY     646          

AUDITOR OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED.     647          

IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE FOR IT,  649          

THE BOARD OF EDUCATION MAY PROCEED WITH ISSUANCE OF THE BONDS AND  650          

                                                          16     

                                                                 
WITH THE LEVY AND COLLECTION OF THE PROPERTY TAX OR TAXES AT THE   651          

ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE TEN-MILL       652          

LIMITATION.  ANY SECURITIES ISSUED BY THE BOARD OF EDUCATION       653          

UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT TERM IS    655          

DEFINED IN SECTION 133.01 OF THE REVISED CODE.                     656          

      (F)(1)  AFTER THE APPROVAL OF A TAX FOR CURRENT OPERATING    658          

EXPENSES UNDER THIS SECTION AND PRIOR TO THE TIME THE FIRST        660          

COLLECTION AND DISTRIBUTION FROM THE LEVY CAN BE MADE, THE BOARD   661          

OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH     662          

LEVY AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT        663          

EXCEEDING FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE    664          

TAX TO BE COLLECTED DURING THE FIRST YEAR OF THE LEVY.             665          

      (2)  AFTER THE APPROVAL OF A TAX UNDER THIS SECTION FOR      667          

PERMANENT IMPROVEMENTS HAVING A SPECIFIC PURPOSE, THE BOARD OF     668          

EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX    669          

AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING   670          

FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX          671          

REMAINING TO BE COLLECTED IN EACH YEAR OVER A PERIOD OF FIVE       672          

YEARS AFTER ISSUANCE OF THE NOTES.                                 673          

      (3)  AFTER THE APPROVAL OF A TAX FOR GENERAL, ON-GOING       675          

PERMANENT IMPROVEMENTS UNDER THIS SECTION, THE BOARD OF EDUCATION  677          

MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX AND ISSUE    678          

ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER   679          

CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE TAX TO BE COLLECTED    680          

IN EACH YEAR OVER A SPECIFIED PERIOD OF YEARS, NOT EXCEEDING TEN,  681          

AFTER ISSUANCE OF THE NOTES.                                                    

      ANTICIPATION NOTES UNDER THIS SECTION SHALL BE ISSUED AS     684          

PROVIDED IN SECTION 133.24 OF THE REVISED CODE.  NOTES ISSUED      685          

UNDER DIVISION (F)(1) OR (2) OF THIS SECTION SHALL HAVE PRINCIPAL  686          

PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A  687          

PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A PRINCIPAL PAYMENT  688          

IN THE YEAR OF THEIR ISSUANCE.  NOTES ISSUED UNDER DIVISION        690          

(F)(3) OF THIS SECTION SHALL HAVE PRINCIPAL PAYMENTS DURING EACH   691          

YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED  692          

                                                          17     

                                                                 
TEN YEARS, AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR   693          

ISSUANCE.                                                                       

      (G)  A TAX FOR CURRENT OPERATING EXPENSES OR FOR PERMANENT   695          

IMPROVEMENTS LEVIED UNDER THIS SECTION FOR A SPECIFIED NUMBER OF   697          

YEARS MAY BE RENEWED OR REPLACED IN THE SAME MANNER AS A TAX FOR   698          

CURRENT OPERATING EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED    699          

UNDER SECTION 5705.21 OF THE REVISED CODE.  A TAX FOR CURRENT      700          

OPERATING EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED UNDER      701          

THIS SECTION FOR A CONTINUING PERIOD OF TIME MAY BE DECREASED IN   702          

ACCORDANCE WITH SECTION 5705.261 OF THE REVISED CODE.              703          

      (H)  THE SUBMISSION OF A QUESTION TO THE ELECTORS UNDER      706          

THIS SECTION IS SUBJECT TO THE LIMITATION ON THE NUMBER OF         707          

ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION 5705.214 OF     708          

THE REVISED CODE.                                                               

      Sec. 5739.021.  (A)  For the purpose of providing            717          

additional general revenues for the county or supporting criminal  718          

and administrative justice services in the county, or both, and    719          

to pay the expenses of administering such levy, any county may     720          

levy a tax at the rate of not more than one per cent at any        721          

multiple of one-fourth of one per cent upon every retail sale      722          

made in the county, except sales of watercraft and outboard        723          

motors required to be titled pursuant to Chapter 1548. of the      724          

Revised Code and sales of motor vehicles, and may increase the     725          

rate of an existing tax to not more than one per cent at any       726          

multiple of one-fourth of one per cent.                            727          

      The tax shall be levied and the rate increased pursuant to   729          

a resolution of the county commissioners.  The resolution shall    730          

state the purpose for which the tax is to be levied and the        731          

number of years for which the tax is to be levied, or that it is   732          

for a continuing period of time.  If the tax is to be levied for   733          

the purpose of providing additional general revenues and for the   734          

purpose of supporting criminal and administrative justice          735          

services, the resolution shall state the rate or amount of the     736          

tax to be apportioned to each such purpose.  The rate or amount    737          

                                                          18     

                                                                 
may be different for each year the tax is to be levied, but the    738          

rates or amounts actually apportioned each year shall not be       739          

different from that stated in the resolution for that year.  A     740          

certified copy of the resolution shall be delivered to the tax     741          

commissioner either personally or by certified mail not later      742          

than the sixtieth day prior to the date on which the tax is to     743          

become effective.  Prior to the adoption of any resolution under   744          

this section, the board of county commissioners shall conduct two  745          

public hearings on the resolution, the second hearing to be not    746          

less than three nor more than ten days after the first.  Notice    747          

of the date, time, and place of the hearings shall be given by     748          

publication in a newspaper of general circulation in the county    749          

once a week on the same day of the week for two consecutive        750          

weeks, the second publication being not less than ten nor more     751          

than thirty days prior to the first hearing.  If a petition for a  752          

referendum is filed pursuant to sections 305.31 to 305.41 of the   754          

Revised Code, the county auditor with whom the petition was filed  755          

shall, within five days, notify the board of county commissioners  756          

and the tax commissioner of the filing of the petition by          757          

certified mail.  If the board of elections with which the          758          

petition was filed declares the petition invalid, the board of     759          

elections shall, within five days, SHALL notify the board of       761          

county commissioners and the tax commissioner of that declaration  762          

by certified mail.  If the board of elections declares the         764          

petition to be invalid, the effective date of the tax or           765          

increased rate of tax levied by this section shall be the first    766          

day of the month following the expiration of thirty days from the  767          

date the petition was declared invalid by the board of elections.  768          

      (B)(1)  A resolution levying or increasing the rate of a     770          

sales tax pursuant to this section shall become effective on the   771          

first day of the month specified in the resolution but not         772          

earlier than the first day of the month following the expiration   773          

of sixty days from the date of its adoption, subject to a          774          

referendum as provided in sections 305.31 to 305.41 of the         775          

                                                          19     

                                                                 
Revised Code, unless the resolution is adopted as an emergency     776          

measure necessary for the immediate preservation of the public     777          

peace, health, or safety, in which case it shall go into effect    778          

on the first day of the month following the expiration of thirty   779          

days from the date of notice by the board of county commissioners  780          

to the tax commissioner of its adoption.  The emergency MEASURE    781          

shall receive an affirmative vote of all of the members of the     782          

board of county commissioners and shall state the reasons for      783          

such necessity.                                                    784          

      (2)(a)  A resolution that is not adopted as an emergency     786          

measure may direct the board of elections to submit the question   787          

of levying the tax or increasing the rate of tax to the electors   788          

of the county at the next primary or general A SPECIAL election    790          

in the county occurring HELD ON THE DATE SPECIFIED BY THE BOARD    791          

OF COUNTY COMMISSIONERS IN THE RESOLUTION, PROVIDED THAT THE       792          

ELECTION OCCURS not less than seventy-five days after a certified  794          

copy of such resolution is transmitted to the board of elections   795          

AND THE ELECTION IS NOT HELD IN FEBRUARY OR AUGUST OF ANY YEAR.    796          

Upon transmission of the resolution to the board of elections,     798          

the board of county commissioners shall notify the tax                          

commissioner in writing of the levy question to be submitted to    799          

the electors.  No resolution adopted under division (B)(2)(a) of   800          

this section shall go into effect unless approved by a majority    801          

of those voting upon it and not until the first day of the month   802          

following the expiration of thirty days from the date of notice    803          

to the tax commissioner by the board of elections of the           804          

affirmative vote.                                                  805          

      (b)  A resolution that is adopted as an emergency measure    807          

shall go into effect as provided in division (B)(1) of this        808          

section but may direct the board of elections to submit the        809          

question of repealing the tax or increase in the rate of the tax   810          

to the electors of the county at the next general election in the  811          

county occurring not less than seventy-five days after a certifed  812          

copy of the resolution is transmitted to the board of elections.   813          

                                                          20     

                                                                 
Upon transmission of the resolution to the board of elections,     814          

the board of county commissioners shall notify the tax             815          

commissioner in writing of the levy question to be submitted to    816          

the electors.  The ballot question shall be the same as that       817          

prescribed in section 5739.022 of the Revised Code.  The board of  818          

elections shall notify the board of county commissioners and the   819          

tax commissioner of the result of the election immediately after   820          

the result has been declared.  If a majority of the qualified      821          

electors voting on the question of repealing the tax or increase   822          

in the rate of the tax vote for repeal of the tax or repeal of     823          

the increase, the board of county commissioners, on the first day  824          

of the month following the expiration of thirty days after the     825          

date it received notice of the result of the election, shall, in   826          

the case of a repeal of the tax, cease to levy the tax, or, in     827          

the case of a repeal of an increase in the rate of the tax, cease  828          

to levy the increased rate and levy the tax at the rate at which   829          

it was imposed immediately prior to the increase in rate.          830          

      (C)  If a resolution is rejected at a referendum or if a     832          

resolution adopted after January 1, 1982, as an emergency measure  833          

is repealed by the electors pursuant to division (B)(2)(b) of      834          

this section or section 5739.022 of the Revised Code, then for     835          

one year after the date of the election at which the resolution    836          

was rejected or repealed the board of county commissioners may     837          

not adopt any resolution authorized by this section as an          838          

emergency measure.                                                 839          

      (D)  The board of county commissioners, at any time while a  841          

tax levied under this section is in effect, may by resolution      842          

reduce the rate at which the tax is levied to a lower rate         843          

authorized by this section.  Any reduction in the rate at which    844          

the tax is levied shall be made effective on the first day of the  845          

month specified in the resolution but not sooner than the first    846          

day of the month next following the thirtieth day after the        847          

certification of the resolution to the tax commissioner.           848          

      (E)  The tax on every retail sale subject to a tax levied    850          

                                                          21     

                                                                 
pursuant to this section shall be in addition to the tax levied    851          

by section 5739.02 of the Revised Code and any tax levied          852          

pursuant to section 5739.023 or 5739.026 of the Revised Code.      853          

      A county that levies a tax pursuant to this section shall    855          

levy a tax at the same rate pursuant to section 5741.021 of the    856          

Revised Code.                                                      857          

      The additional tax levied by the county shall be collected   859          

pursuant to section 5739.025 of the Revised Code.  If the          860          

additional tax or some portion thereof is levied for the purpose   861          

of criminal and administrative justice services, the revenue from  862          

the tax, or the amount or rate apportioned to that purpose, shall  863          

be credited to a special fund created in the county treasury for   864          

receipt of that revenue.                                           865          

      Any tax levied pursuant to this section is subject to the    867          

exemptions provided in section 5739.02 of the Revised Code and in  868          

addition shall not be applicable to sales not within the taxing    869          

power of a county under the constitution of the United States or   870          

the constitution of this state.                                    871          

      (F)  For purposes of this section, a copy of a resolution    873          

is "certified" when it contains a written statement attesting      874          

that the copy is a true and exact reproduction of the original     875          

resolution.                                                        876          

      (G)  If a board of commissioners intends to adopt a          878          

resolution to levy a tax in whole or in part for the purpose of    879          

criminal and administrative justice services, the board shall      880          

prepare and make available at the first public hearing at which    881          

the resolution is considered a statement containing the following  882          

information:                                                       883          

      (1)  For each of the two preceding fiscal years, the amount  885          

of expenditures made by the county from the county general fund    886          

for the purpose of criminal and administrative justice services;   887          

      (2)  For the fiscal year in which the resolution is          889          

adopted, the board's estimate of the amount of expenditures to be  890          

made by the county from the county general fund for the purpose    891          

                                                          22     

                                                                 
of criminal and administrative justice services;                   892          

      (3)  For each of the two fiscal years after the fiscal year  894          

in which the resolution is adopted, the board's preliminary plan   895          

for expenditures to be made from the county general fund for the   896          

purpose of criminal and administrative justice services, both      897          

under the assumption that the tax will be imposed for that         898          

purpose and under the assumption that the tax would not be         899          

imposed for that purpose, and for expenditures to be made from     900          

the special fund created under division (E) of this section under  901          

the assumption that the tax will be imposed for that purpose.      902          

      The board shall prepare the statement and the preliminary    904          

plan using the best information available to the board at the      905          

time the statement is prepared.  Neither the statement nor the     906          

preliminary plan shall be used as a basis to challenge the         907          

validity of the tax in any court of competent jurisdiction, nor    908          

shall the statement or preliminary plan limit the authority of     909          

the board to appropriate, pursuant to section 5705.38 of the       910          

Revised Code, an amount different from that specified in the       911          

preliminary plan.                                                  912          

      (H)  As used in this section, "criminal and administrative   914          

justice services" means the exercise by the county sheriff of all  915          

powers and duties vested in that office by law; the exercise by    916          

the county prosecuting attorney of all powers and duties vested    917          

in that office by law; the exercise by any court in the county of  918          

all powers and duties vested in that court; the exercise by the    919          

clerk of the court of common pleas, any clerk of a municipal       920          

court having jurisdiction throughout the county, or the clerk of   921          

any county court of all powers and duties vested in the clerk by   922          

law except, in the case of the clerk of the court of common        923          

pleas, the titling of motor vehicles or watercraft pursuant to     924          

Chapter 1548. or 4505. of the Revised Code; the exercise by the    925          

county coroner of all powers and duties vested in that office by   926          

law; making payments to any other public agency or a private,      927          

nonprofit agency, the purposes of which in the county include the  928          

                                                          23     

                                                                 
diversion, adjudication, detention, or rehabilitation of           929          

criminals or juvenile offenders; the operation and maintenance of  930          

any detention facility, as defined in section 2921.01 of the       931          

Revised Code; and the construction, acquisition, equipping, or     932          

repair of such a detention facility, including the payment of any  933          

debt charges incurred in the issuance of securities pursuant to    934          

Chapter 133. of the Revised Code for the purpose of constructing,  935          

acquiring, equipping, or repairing such a facility.                936          

      Sec. 5739.026.  (A)  A board of county commissioners may     945          

levy a tax of one-fourth or one-half of one per cent on every      946          

retail sale in the county, except sales of watercraft and          947          

outboard motors required to be titled pursuant to Chapter 1548.    948          

of the Revised Code and sales of motor vehicles, and may increase  949          

an existing rate of one-fourth of one per cent to one-half of one  950          

per cent, to pay the expenses of administering the tax and,        951          

except as provided in division (A)(6) of this section, for any     952          

one or more of the following purposes:                             953          

      (1)  To provide additional revenues for the payment of       955          

bonds or notes issued in anticipation of bonds issued by a         956          

convention facilities authority established by the board of        957          

county commissioners under Chapter 351. of the Revised Code and    958          

to provide additional operating revenues for the convention        959          

facilities authority;                                              960          

      (2)  To provide additional revenues for a transit authority  962          

operating in the county;                                           963          

      (3)  To provide additional revenue for the county's general  965          

fund;                                                              966          

      (4)  To provide additional revenue for permanent             968          

improvements within the county to be distributed by the community  969          

improvements board in accordance with section 307.283 and to pay   970          

principal, interest, and premium on bonds issued under section     971          

133.312 of the Revised Code;                                       972          

      (5)  To provide additional revenue for the acquisition,      974          

construction, equipping, or repair of any specific permanent       975          

                                                          24     

                                                                 
improvement or any class or group of permanent improvements,       976          

which improvement or class or group of improvements shall be       977          

enumerated in the resolution required by division (D) of this      978          

section, and to pay principal, interest, premium, and other costs  979          

associated with the issuance of bonds or notes in anticipation of  980          

bonds issued pursuant to Chapter 133. of the Revised Code for the  981          

acquisition, construction, equipping, or repair of the specific    982          

permanent improvement or class or group of permanent               983          

improvements;                                                      984          

      (6)  To provide revenue for the implementation and           986          

operation of a 9-1-1 system in the county.  If the tax is levied   987          

or the rate increased exclusively for such purpose, the tax shall  988          

not be levied or the rate increased for more than five years.  At  989          

the end of the last year the tax is levied or the rate increased,  990          

any balance remaining in the special fund established for such     991          

purpose shall remain in that fund and be used exclusively for      992          

such purpose until the fund is completely expended, and,           993          

notwithstanding section 5705.16 of the Revised Code, the board of  994          

county commissioners shall not petition for the transfer of money  995          

from such special fund, and the tax commissioner shall not         996          

approve such a petition.                                           997          

      If the tax is levied or the rate increased for such purpose  999          

for more than five years, the board of county commissioners also   1,000        

shall levy the tax or increase the rate of the tax for one or      1,001        

more of the purposes described in divisions (A)(1) to (5) of this  1,002        

section and shall prescribe the method for allocating the          1,003        

revenues from the tax each year in the manner required by          1,004        

division (C) of this section.                                      1,005        

      (7)  To provide additional revenue for the operation or      1,007        

maintenance of a detention facility, as that term is defined       1,008        

under division (F) of section 2921.01 of the Revised Code.;        1,009        

      (8)  To provide revenue to finance the construction or       1,012        

renovation of a sports facility, but only if the tax is levied     1,013        

for that purpose in the manner prescribed by section 5739.028 of   1,014        

                                                          25     

                                                                 
the Revised Code.                                                               

      As used in division (A)(8) of this section:                  1,016        

      (a)  "Sports facility" means a facility intended to house    1,019        

major league professional athletic teams.                          1,020        

      (b)  "Constructing" or "construction" includes providing     1,023        

fixtures, furnishings, and equipment.                                           

      Pursuant to section 755.171 of the Revised Code, a board of  1,025        

county commissioners may pledge and contribute revenue from a tax  1,026        

levied for the purpose of division (A)(5) of this section to the   1,028        

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     1,030        

per cent, unless a portion of the rate of an existing tax levied   1,031        

under section 5739.023 of the Revised Code has been reduced, and   1,032        

the rate of tax levied under this section has been increased,      1,033        

pursuant to section 5739.028 of the revised code, in which case    1,034        

the aggregate of the rates of tax levied under this section and    1,035        

section 5739.023 of the Revised Code shall be a multiple of        1,036        

one-fourth of one per cent.  The tax shall be levied and the rate  1,037        

increased pursuant to a resolution adopted by a majority of the    1,039        

members of the board.                                                           

      Prior to the adoption of any resolution to levy the tax or   1,041        

to increase the rate of tax exclusively for the purpose set forth  1,042        

in division (A)(3) of this section, the board of county            1,043        

commissioners shall conduct two public hearings on the             1,044        

resolution, the second hearing to be no fewer than three nor more  1,045        

than ten days after the first.  Notice of the date, time, and      1,046        

place of the hearings shall be given by publication in a           1,047        

newspaper of general circulation in the county once a week on the  1,048        

same day of the week for two consecutive weeks, the second         1,049        

publication being no fewer than ten nor more than thirty days      1,050        

prior to the first hearing.  The resolution shall become           1,051        

effective on the first day of the month specified in the           1,052        

resolution but not earlier than the first day of the month         1,053        

                                                          26     

                                                                 
following the expiration of sixty days from the date of its        1,054        

adoption, subject to a referendum as provided in sections 305.31   1,055        

to 305.41 of the Revised Code, unless the resolution is adopted    1,056        

as an emergency measure necessary for the immediate preservation   1,057        

of the public peace, health, or safety, in which case it shall go  1,058        

into effect on the first day of the month following the            1,059        

expiration of thirty days from the date of notice by the board of  1,060        

county commissioners to the tax commissioner of its adoption.      1,061        

The emergency measure shall receive an affirmative vote of all of  1,062        

the members of the board of county commissioners and shall state   1,063        

the reasons for the necessity.                                     1,064        

      If the tax is for more than one of the purposes set forth    1,067        

in division (A)(1) to (7) of this section or is exclusively for    1,069        

one of the purposes set forth in division (A)(1), (2), (4), (5),   1,070        

(6), or (7) of this section, the resolution shall not go into      1,071        

effect unless it is approved by a majority of the electors voting  1,073        

on the question of the tax.                                        1,074        

      (B)  The board of county commissioners shall adopt a         1,076        

resolution under section 351.02 of the Revised Code creating the   1,077        

convention facilities authority, or under section 307.283 of the   1,078        

Revised Code creating the community improvements board, before     1,079        

adopting a resolution levying a tax for the purpose of a           1,080        

convention facilities authority under division (A)(1) of this      1,081        

section or for the purpose of a community improvements board       1,082        

under division (A)(4) of this section.                             1,083        

      (C)(1)  If the tax is to be used for more than one of the    1,085        

purposes set forth in divisions (A)(1) to (7) of this section,     1,086        

the board of county commissioners shall establish the method that  1,087        

will be used to determine the amount or proportion of the tax      1,088        

revenue received by the county during each year that will be       1,089        

distributed for each of those purposes, including, if applicable,  1,090        

provisions governing the reallocation of a convention facilities   1,091        

authority's allocation if the authority is dissolved while the     1,092        

tax is in effect.  The allocation method may provide that          1,093        

                                                          27     

                                                                 
different proportions or amounts of the tax shall be distributed   1,094        

among the purposes in different years, but it shall clearly        1,095        

describe the method that will be used for each year.  Except as    1,096        

otherwise provided in division (C)(2) of this section, the         1,097        

allocation method established by the board is not subject to       1,098        

amendment during the life of the tax.                              1,099        

      (2)  Subsequent to holding a public hearing on the proposed  1,101        

amendment, the board of county commissioners may amend the         1,102        

allocation method established under division (C)(1) of this        1,103        

section for any year if the amendment is approved by the           1,104        

governing board of each entity whose allocation for the year       1,105        

would be reduced by the proposed amendment.  In the case of a tax  1,106        

that is levied for a continuing period of time, the board may not  1,107        

so amend the allocation method for any year before the sixth year  1,108        

that the tax is in effect.                                         1,109        

      (a)  If the additional revenues provided to the convention   1,111        

facilities authority are pledged by the authority for the payment  1,112        

of convention facilities authority revenue bonds for as long as    1,113        

such bonds are outstanding, no reduction of the authority's        1,114        

allocation of the tax shall be made for any year except to the     1,115        

extent that the reduced authority allocation, when combined with   1,116        

the authority's other revenues pledged for that purpose, is        1,117        

sufficient to meet the debt service requirements for that year on  1,118        

such bonds.                                                        1,119        

      (b)  If the additional revenues provided to the county are   1,121        

pledged by the county for the payment of bonds or notes issued     1,122        

under Chapter 133. of the Revised Code, for as long as such bonds  1,123        

or notes are outstanding, no reduction of the county's or the      1,124        

community improvements board's allocation of the tax shall be      1,125        

made for any year except to the extent that the reduced county or  1,126        

community improvements board allocation is sufficient to meet the  1,127        

debt service requirements for that year on such bonds or notes.    1,128        

      (c)  If the additional revenues provided to the transit      1,130        

authority are pledged by the authority for the payment of revenue  1,131        

                                                          28     

                                                                 
bonds issued under section 306.37 of the Revised Code, for as      1,132        

long as such bonds are outstanding, no reduction of the            1,133        

authority's allocation of tax shall be made for any year except    1,134        

to the extent that the authority's reduced allocation, when        1,135        

combined with the authority's other revenues pledged for that      1,136        

purpose, is sufficient to meet the debt service requirements for   1,137        

that year on such bonds.                                           1,138        

      (D)(1)  The resolution levying the tax or increasing the     1,140        

rate of tax shall state the rate of the tax or the rate of the     1,141        

increase; the purpose or purposes for which it is to be levied;    1,142        

the number of years for which it is to be levied or that it is     1,143        

for a continuing period of time; the allocation method required    1,144        

by division (C) of this section; and if required to be submitted   1,145        

to the electors of the county under division (A) of this section,  1,146        

the date of the election at which the proposal shall be submitted  1,147        

to the electors of the county, which shall be not less than        1,148        

seventy-five days after the certification of a copy of the         1,149        

resolution to the board of elections AND, IF THE TAX IS TO BE      1,150        

LEVIED EXCLUSIVELY FOR THE PURPOSE SET FORTH IN DIVISION (A)(3)    1,151        

OF THIS SECTION, SHALL NOT OCCUR IN FEBRUARY OR AUGUST OF ANY      1,152        

YEAR.  Upon certification of the resolution to the board of        1,154        

elections, the board of county commissioners shall notify the tax  1,155        

commissioner in writing of the levy question to be submitted to    1,156        

the electors.  If approved by a majority of the electors, the tax  1,157        

shall become effective on the first day of the month specified in  1,158        

the resolution but not earlier than the first day of the month     1,159        

next following the thirtieth day following the certification of    1,160        

the results of the election to the board of county commissioners   1,161        

and the tax commissioner by the board of elections.                1,162        

      (2)(a)  A resolution specifying that the tax is to be used   1,164        

exclusively for the purpose set forth in division (A)(3) of this   1,165        

section that is not adopted as an emergency measure may direct     1,166        

the board of elections to submit the question of levying the tax   1,167        

or increasing the rate of the tax to the electors of the county    1,168        

                                                          29     

                                                                 
at the next primary or general A SPECIAL election in the county    1,170        

occurring HELD ON THE DATE SPECIFIED BY THE BOARD OF COUNTY        1,171        

COMMISSIONERS IN THE RESOLUTION, PROVIDED THAT THE ELECTION                     

OCCURS not less than seventy-five days after the resolution is     1,172        

certified to the board of elections AND THE ELECTION IS NOT HELD   1,173        

IN FEBRUARY OR AUGUST OF ANY YEAR.  Upon certification of the      1,174        

resolution to the board of elections, the board of county          1,175        

commissioners shall notify the tax commissioner in writing of the  1,176        

levy question to be submitted to the electors.  No resolution      1,177        

adopted under division (D)(2)(a) of this section shall go into     1,178        

effect unless approved by a majority of those voting upon it and   1,179        

not until the first day of the month specified in the resolution   1,180        

but not earlier than the first day of the month following the      1,181        

expiration of thirty days from the date of the notice to the tax   1,182        

commissioner by the board of elections of the affirmative vote.    1,183        

      (b)  A resolution specifying that the tax is to be used      1,185        

exclusively for the purpose set forth in division (A)(3) of this   1,186        

section that is adopted as an emergency measure shall become       1,187        

effective as provided in division (A) of this section but may      1,188        

direct the board of elections to submit the question of repealing  1,189        

the tax or increase in the rate of the tax to the electors of the  1,190        

county at the next general election in the county occurring not    1,191        

less than seventy-five days after the resolution is certified to   1,192        

the board of elections.  Upon certification of the resolution to   1,193        

the board of elections, the board of county commissioners shall    1,194        

notify the tax commissioner in writing of the levy question to be  1,195        

submitted to the electors.  The ballot question shall be the same  1,196        

as that prescribed in section 5739.022 of the Revised Code.  The   1,197        

board of elections shall notify the board of county commissioners  1,198        

and the tax commissioner of the result of the election             1,199        

immediately after the result has been declared.  If a majority of  1,200        

the qualified electors voting on the question of repealing the     1,201        

tax or increase in the rate of the tax vote for repeal of the tax  1,202        

or repeal of the increase, the board of county commissioners, on   1,203        

                                                          30     

                                                                 
the first day of the month following the expiration of thirty      1,204        

days after the date it received notice of the result of the        1,205        

election, shall, in the case of a repeal of the tax, cease to      1,206        

levy the tax, or, in the case of a repeal of an increase in the    1,207        

rate of the tax, cease to levy the increased rate and levy the     1,208        

tax at the rate at which it was imposed immediately prior to the   1,209        

increase in rate.                                                  1,210        

      (E)  The tax levied pursuant to this section shall be in     1,212        

addition to the tax levied by section 5739.02 of the Revised Code  1,213        

and any tax levied pursuant to section 5739.021 or 5739.023 of     1,214        

the Revised Code.                                                  1,215        

      A county that levies a tax pursuant to this section shall    1,217        

levy a tax at the same rate pursuant to section 5741.023 of the    1,218        

Revised Code.                                                      1,219        

      The additional tax levied by the county shall be collected   1,221        

pursuant to section 5739.025 of the Revised Code.                  1,222        

      Any tax levied pursuant to this section is subject to the    1,224        

exemptions provided in section 5739.02 of the Revised Code and in  1,225        

addition shall not be applicable to sales not within the taxing    1,226        

power of a county under the constitution of the United States or   1,227        

the constitution of this state.                                    1,228        

      Sec. 5739.028.  As used in this section "sports facility"    1,237        

and "constructing" have the same meanings as in division (A)(8)    1,238        

of section 5739.026 of the Revised Code.                           1,239        

      This section applies only to taxes levied pursuant to        1,241        

sections 5739.023 and 5741.022 of the Revised Code by a regional   1,243        

transit authority created under section 306.31 of the Revised      1,244        

Code for a continuing period of time and at an aggregate rate, on  1,245        

the effective date of this section, greater than one-half of one   1,246        

per cent on every retail sale made in the territory of the         1,247        

transit authority.                                                              

      The board of county commissioners of the most populous       1,249        

county in the territory of a regional transit authority levying a  1,250        

tax to which this section applies may adopt a resolution not       1,251        

                                                          31     

                                                                 
later than one hundred eighty days after the effective date of     1,252        

this section proposing to reduce the rate of such a tax and to     1,254        

increase by the same extent the rate of tax levied under sections  1,255        

5739.026 and 5741.023 of the Revised Code for the purpose of       1,256        

constructing or renovating a sports facility.  The total           1,257        

reduction in the rate of taxes levied by a transit authority and   1,258        

the increase in the rate of tax levied for the purpose of          1,259        

constructing or renovating a sports facility shall not exceed      1,260        

one-tenth of one per cent upon retail sales made in the territory  1,261        

of the transit authority; provided, the amount of taxes received   1,262        

by the county for the purpose of constructing or renovating a      1,263        

sports facility under this section shall not exceed four million   1,265        

five hundred thousand dollars in any calendar year.  Any amounts                

received by a county in a calendar year in excess of four million  1,266        

five hundred thousand dollars pursuant to this section shall be    1,267        

paid to the transit authority by the county within forty-five      1,268        

days following receipt by the county.                              1,269        

      The resolution shall specify that the rate of tax levied by  1,272        

the transit authority will be reduced and that a tax will be       1,273        

levied at the same rate for the purpose of constructing or         1,274        

renovating a sports facility; the rate by which the tax levied by  1,275        

the transit authority will be reduced and by which the tax levied  1,276        

for the purpose of constructing or renovating a sports facility    1,277        

will be increased; the date the rates levied for those purposes    1,278        

will be reduced and increased, respectively; and the number of     1,280        

years the rate levied by a transit authority will be reduced and   1,281        

the rate levied for constructing or renovating a sports facility   1,282        

will be increased.  The date the rate levied by the transit        1,283        

authority will be reduced and the rate levied for the purpose of   1,284        

constructing or renovating a sports facility will be increased                  

shall not be earlier than the first day of the month that begins   1,285        

at least sixty days after the day the election on the question is  1,286        

conducted unless the board of county commissioners levies a tax    1,287        

under one or more of sections 307.697, 4301.421, 5743.024, and     1,288        

                                                          32     

                                                                 
5743.323 of the Revised Code on the effective date of this         1,289        

section, in which case the date the rate levied by the transit     1,290        

authority will be reduced and the rate levied for the purpose of   1,291        

constructing or renovating a sports facility will be increased     1,292        

shall not be earlier than the first day following the latest day   1,293        

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

the effective date of this amendment may be levied as prescribed   1,295        

by the resolution levying that tax.  The number of years the rate  1,296        

of the existing tax may be reduced and the rate of tax may be      1,297        

levied for constructing or renovating a sports facility may be     1,298        

any number of years as specified in the resolution, or for a       1,299        

continuing period of time if so specified in the resolution.       1,300        

      Before a resolution adopted under this section may take      1,302        

effect, the board of county commissioners shall submit the         1,303        

resolution to the approval of the electors of the county, and the  1,304        

resolution shall be approved by a majority of voters voting on     1,305        

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

county commissioners shall certify a copy of the resolution to     1,306        

the board of elections of the county and to the tax commissioner,  1,307        

and the board of elections shall submit the question at the next   1,308        

primary or general A SPECIAL election occurring HELD ON THE DATE   1,310        

SPECIFIED BY THE BOARD OF COUNTY COMMISSIONERS IN THE RESOLUTION,  1,311        

PROVIDED THAT THE ELECTION OCCURS not less than seventy-five days  1,312        

after the resolution is certified to the board of elections AND    1,313        

THE ELECTION IS NOT HELD IN FEBRUARY OR AUGUST OF ANY YEAR.  The   1,314        

board of county commissioners shall certify the copy of the        1,316        

resolution to the board of elections in the manner prescribed                   

under section 3505.071 of the Revised Code.  The board of          1,318        

elections shall certify the results of the election to the board   1,319        

of county commissioners and to the tax commissioner.  If the       1,320        

question is approved by a majority of electors voting on the       1,322        

question, the rate of tax imposed under sections 5739.023 and      1,323        

5741.022 of the Revised Code shall be reduced, and the rate of     1,324        

tax levied for constructing or renovating a sports facility under  1,325        

                                                          33     

                                                                 
sections 5739.026 and 5741.023 of the Revised Code shall be        1,326        

increased by the same amount, on the date specified in the                      

resolution.                                                        1,327        

      If revenue from a tax levied under sections 5739.023 and     1,329        

5741.022 of the Revised Code and subject to reduction under this   1,330        

section is pledged to the payment of bonds, notes, or notes in     1,331        

anticipation of bonds, the board of county commissioners adopting  1,332        

a resolution under this section shall provide sufficient revenue   1,333        

from the tax for the repayment of debt charges on those bonds or   1,334        

notes, unless an adequate substitute for payment of those charges  1,335        

is provided by the transit authority.                              1,336        

      Sec. 5748.01.  As used in this chapter:                      1,345        

      (A)  "School district income tax" means an income tax        1,347        

adopted under either ONE of the following:                         1,348        

      (1)  Former section 5748.03 of the Revised Code as it        1,350        

existed prior to its repeal by Amended Substitute House Bill No.   1,351        

291 of the 115th general assembly;                                 1,352        

      (2)  Section 5748.03 of the Revised Code as enacted in       1,354        

Substitute Senate Bill No. 28 of the 118th general assembly;       1,355        

      (3)  SECTION 5748.08 OF THE REVISED CODE AS ENACTED IN       1,357        

AMENDED SUBSTITUTE SENATE BILL NO. 17 OF THE 122nd GENERAL         1,359        

ASSEMBLY.                                                                       

      (B)  "Individual" means an individual subject to the tax     1,361        

levied by section 5747.02 of the Revised Code.                     1,362        

      (C)  "Estate" means an estate subject to the tax levied by   1,364        

section 5747.02 of the Revised Code.                               1,365        

      (D)  "Taxable year" means a taxable year as defined in       1,367        

division (M) of section 5747.01 of the Revised Code.               1,368        

      (E)  "Taxable income" means:                                 1,370        

      (1)  In the case of an individual, adjusted gross income     1,372        

for the taxable year as defined in division (A) of section         1,373        

5747.01 of the Revised Code, less the exemptions provided by       1,374        

section 5747.02 of the Revised Code;                               1,375        

      (2)  In the case of an estate, taxable income for the        1,377        

                                                          34     

                                                                 
taxable year as defined in division (S) of section 5747.01 of the  1,378        

Revised Code.                                                      1,379        

      (F)  Except as provided in section 5747.25 of the Revised    1,381        

Code, "resident" of the school district means:                     1,382        

      (1)  An individual who is a resident of this state as        1,384        

defined in division (I) of section 5747.01 of the Revised Code     1,385        

during all or a portion of the taxable year and who, during all    1,386        

or a portion of such period of state residency, is domiciled in    1,387        

the school district or lives in and maintains a permanent place    1,388        

of abode in the school district;                                   1,389        

      (2)  An estate of a decedent who, at the time of his death,  1,391        

was domiciled in the school district.                              1,392        

      (G)  "School district income" means:                         1,394        

      (1)  With respect to an individual, the portion of the       1,396        

taxable income of an individual that is received by the            1,397        

individual during the portion of the taxable year that the         1,398        

individual is a resident of the school district and the school     1,399        

district income tax is in effect in that school district.  An      1,400        

individual may have school district income with respect to more    1,401        

than one school district.                                          1,402        

      (2)  With respect to an estate, the taxable income of the    1,404        

estate for the portion of the taxable year that the school         1,405        

district income tax is in effect in that school district.          1,406        

      (H)  "Taxpayer" means an individual or estate having school  1,408        

district income upon which a school district income tax is         1,409        

imposed.                                                           1,410        

      (I)  "School district purposes" means any of the purposes    1,412        

for which a tax may be levied pursuant to section 5705.21 of the   1,413        

Revised Code.                                                      1,414        

      Sec. 5748.05.   After the approval by the electors of a      1,423        

resolution under section 5748.03 OR 5748.08 of the Revised Code    1,425        

to impose a school district income tax to provide an increase in   1,426        

current operating revenues or in current revenues for permanent    1,427        

improvements and prior to the time when the first payment to the   1,428        

                                                          35     

                                                                 
district from the tax can be made, a board of education may        1,429        

anticipate a fraction of the proceeds of the tax and issue         1,430        

anticipation notes in an amount not exceeding fifty per cent of    1,431        

the total estimated proceeds of the tax to be collected for its    1,432        

first year of collection as estimated by the tax commissioner.     1,433        

The anticipation notes are Chapter 133. securities and shall be    1,434        

issued as provided in section 133.24 of the Revised Code as if     1,435        

property tax anticipation notes.  The notes shall have principal   1,436        

payments during each year after their year of issuance over a      1,437        

period not to exceed five years and, if determined by the board    1,438        

of education, during the year of their issuance.  The legislation  1,439        

authorizing issuance of the notes may also provide for the annual  1,440        

levy and collection of voted ad valorem property taxes levied for  1,441        

the applicable purpose for which the notes are issued and for the  1,442        

application of the proceeds of the levy to the extent necessary    1,443        

to pay annual debt charges on the notes.                           1,444        

      Sec. 5748.08.  (A)  THE BOARD OF EDUCATION OF A CITY,        1,447        

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME BY A VOTE  1,448        

OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT   1,449        

IT MAY BE NECESSARY FOR THE SCHOOL DISTRICT TO DO ALL OF THE       1,450        

FOLLOWING:                                                                      

      (1)  RAISE A SPECIFIED AMOUNT OF MONEY FOR SCHOOL DISTRICT   1,452        

PURPOSES BY LEVYING AN ANNUAL TAX ON THE SCHOOL DISTRICT INCOME    1,453        

OF INDIVIDUALS AND ESTATES;                                        1,454        

      (2)  ISSUE GENERAL OBLIGATION BONDS FOR PERMANENT            1,456        

IMPROVEMENTS, STATING IN THE RESOLUTION THE NECESSITY AND PURPOSE  1,457        

OF THE BOND ISSUE AND THE AMOUNT, APPROXIMATE DATE, ESTIMATED      1,458        

RATE OF INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE       1,459        

PRINCIPAL OF THE BONDS MAY BE PAID;                                1,460        

      (3)  LEVY A TAX OUTSIDE THE TEN-MILL LIMITATION TO PAY DEBT  1,463        

CHARGES ON THE BONDS AND ANY ANTICIPATORY SECURITIES;              1,464        

      (4)  SUBMIT THE QUESTION OF THE SCHOOL DISTRICT INCOME TAX   1,466        

AND BOND ISSUE TO THE ELECTORS OF THE DISTRICT AT A SPECIAL        1,467        

ELECTION.                                                          1,468        

                                                          36     

                                                                 
      ON ADOPTION OF THE RESOLUTION, THE BOARD SHALL CERTIFY A     1,470        

COPY OF IT TO THE TAX COMMISSIONER AND THE COUNTY AUDITOR NO       1,471        

LATER THAN NINETY DAYS PRIOR TO THE DATE OF THE SPECIAL ELECTION   1,473        

AT WHICH THE BOARD INTENDS TO PROPOSE THE INCOME TAX AND BOND      1,474        

ISSUE.  NOT LATER THAN TEN DAYS OF RECEIPT OF THE RESOLUTION, THE  1,475        

TAX COMMISSIONER, IN THE SAME MANNER AS REQUIRED BY DIVISION (A)   1,476        

OF SECTION 5748.02 OF THE REVISED CODE, SHALL ESTIMATE THE RATES   1,478        

DESIGNATED IN DIVISION (A)(1) AND (2) OF THAT SECTION AND CERTIFY  1,480        

THEM TO THE BOARD.  NOT LATER THAN TEN DAYS OF RECEIPT OF THE      1,481        

RESOLUTION, THE COUNTY AUDITOR SHALL ESTIMATE AND CERTIFY TO THE   1,482        

BOARD THE AVERAGE ANNUAL PROPERTY TAX RATE REQUIRED THROUGHOUT     1,483        

THE STATED MATURITY OF THE BONDS TO PAY DEBT CHARGES ON THE        1,484        

BONDS, IN THE SAME MANNER AS UNDER DIVISION (C) OF SECTION 133.18  1,486        

OF THE REVISED CODE.                                               1,487        

      (B)  ON RECEIPT OF THE TAX COMMISSIONER'S AND COUNTY         1,490        

AUDITOR'S CERTIFICATIONS PREPARED UNDER DIVISION (A) OF THIS       1,491        

SECTION, THE BOARD OF EDUCATION OF THE CITY, LOCAL, OR EXEMPTED    1,492        

VILLAGE SCHOOL DISTRICT, BY A VOTE OF TWO-THIRDS OF ALL ITS        1,493        

MEMBERS, MAY ADOPT A RESOLUTION PROPOSING FOR A SPECIFIED NUMBER   1,494        

OF YEARS OR FOR A CONTINUING PERIOD OF TIME THE LEVY OF AN ANNUAL  1,495        

TAX FOR SCHOOL DISTRICT PURPOSES ON THE SCHOOL DISTRICT INCOME OF  1,497        

INDIVIDUALS AND OF ESTATES AND DECLARING THAT THE AMOUNT OF TAXES  1,498        

THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION WILL BE                       

INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE PRESENT AND     1,499        

FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT IS NECESSARY   1,500        

TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT FOR       1,501        

SPECIFIED PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX IN  1,503        

EXCESS OF THE TEN-MILL LIMITATION TO PAY THE DEBT CHARGES ON THE   1,504        

BONDS AND ANY ANTICIPATORY SECURITIES; AND THAT THE QUESTION OF                 

THE BONDS AND TAXES SHALL BE SUBMITTED TO THE ELECTORS OF THE      1,506        

SCHOOL DISTRICT AT A SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER  1,507        

THAN SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO    1,508        

THE BOARD OF ELECTIONS, AND THE DATE OF WHICH SHALL BE CONSISTENT  1,509        

WITH SECTION 3501.01 OF THE REVISED CODE.  THE RESOLUTION SHALL    1,510        

                                                          37     

                                                                 
SPECIFY ALL OF THE FOLLOWING:                                      1,511        

      (1)  THE PURPOSE FOR WHICH THE SCHOOL DISTRICT INCOME TAX    1,513        

IS TO BE IMPOSED AND THE RATE OF THE TAX, WHICH SHALL BE THE RATE  1,515        

SET FORTH IN THE TAX COMMISSIONER'S CERTIFICATION ROUNDED TO THE   1,516        

NEAREST ONE-FOURTH OF ONE PER CENT;                                             

      (2)  THE NUMBER OF YEARS THE TAX WILL BE LEVIED, OR THAT IT  1,519        

WILL BE LEVIED FOR A CONTINUING PERIOD OF TIME;                                 

      (3)  THE DATE ON WHICH THE TAX SHALL TAKE EFFECT, WHICH      1,521        

SHALL BE THE FIRST DAY OF JANUARY OF ANY YEAR FOLLOWING THE YEAR   1,524        

IN WHICH THE QUESTION IS SUBMITTED;                                             

      (4)  THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL     1,526        

PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE   1,527        

BONDS TO PAY DEBT CHARGES ON THE BONDS.                            1,528        

      (C)  A RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS         1,531        

SECTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO    1,532        

PUBLICATION OF THE RESOLUTION SHALL BE NECESSARY OTHER THAN THAT   1,533        

PROVIDED FOR IN THE NOTICE OF ELECTION.  IMMEDIATELY AFTER ITS     1,534        

ADOPTION AND AT LEAST SEVENTY-FIVE DAYS PRIOR TO THE ELECTION AT   1,535        

WHICH THE QUESTION WILL APPEAR ON THE BALLOT, THE BOARD OF         1,536        

EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION, ALONG WITH       1,537        

COPIES OF THE AUDITOR'S ESTIMATE AND ITS RESOLUTION UNDER          1,538        

DIVISION (A) OF THIS SECTION, TO THE BOARD OF ELECTIONS OF THE     1,540        

PROPER COUNTY.  THE BOARD OF EDUCATION SHALL MAKE THE              1,541        

ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS    1,542        

OF THE SCHOOL DISTRICT, AND THE ELECTION SHALL BE CONDUCTED,       1,543        

CANVASSED, AND CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS   1,544        

IN THE DISTRICT FOR THE ELECTION OF COUNTY OFFICERS.               1,545        

      THE RESOLUTION SHALL BE PUT BEFORE THE ELECTORS AS ONE       1,547        

BALLOT QUESTION, WITH A MAJORITY VOTE INDICATING APPROVAL OF THE   1,548        

SCHOOL DISTRICT INCOME TAX, THE BOND ISSUE, AND THE LEVY TO PAY    1,549        

DEBT CHARGES ON THE BONDS AND ANY ANTICIPATORY SECURITIES.  THE    1,550        

BOARD OF ELECTIONS SHALL PUBLISH THE NOTICE OF THE ELECTION IN     1,552        

ONE OR MORE NEWSPAPERS OF GENERAL CIRCULATION IN THE SCHOOL        1,553        

DISTRICT ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS.  THE NOTICE OF    1,554        

                                                          38     

                                                                 
ELECTION SHALL STATE ALL OF THE FOLLOWING:                         1,555        

      (1)  THE QUESTIONS TO BE SUBMITTED TO THE ELECTORS;          1,557        

      (2)  THE RATE OF THE SCHOOL DISTRICT INCOME TAX;             1,559        

      (3)  THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE;        1,562        

      (4)  THE PERMANENT IMPROVEMENTS FOR WHICH THE BONDS ARE TO   1,565        

BE ISSUED;                                                                      

      (5)  THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL    1,567        

OF THE BONDS MAY BE PAID;                                          1,568        

      (6)  THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX    1,570        

RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE     1,571        

COUNTY AUDITOR;                                                    1,572        

      (7)  THE TIME AND PLACE OF THE SPECIAL ELECTION.             1,574        

      (D)  THE FORM OF THE BALLOT ON A QUESTION SUBMITTED TO THE   1,577        

ELECTORS UNDER THIS SECTION SHALL BE AS FOLLOWS:                   1,578        

      "SHALL THE ........ SCHOOL DISTRICT BE AUTHORIZED TO DO      1,580        

BOTH OF THE FOLLOWING:                                             1,581        

      (1)  IMPOSE AN ANNUAL INCOME TAX OF ...... (STATE THE        1,583        

PROPOSED RATE OF TAX) ON THE SCHOOL DISTRICT INCOME OF             1,584        

INDIVIDUALS AND OF ESTATES, FOR ........ (STATE THE NUMBER OF      1,585        

YEARS THE TAX WOULD BE LEVIED, OR THAT IT WOULD BE LEVIED FOR A    1,586        

CONTINUING PERIOD OF TIME), BEGINNING ........ (STATE THE DATE     1,587        

THE TAX WOULD FIRST TAKE EFFECT), FOR THE PURPOSE OF ........      1,588        

(STATE THE PURPOSE OF THE TAX)?                                    1,589        

      (2)  ISSUE BONDS FOR THE PURPOSE OF ....... IN THE           1,591        

PRINCIPAL AMOUNT OF $......, TO BE REPAID ANNUALLY OVER A MAXIMUM  1,593        

PERIOD OF ....... YEARS, AND LEVY A PROPERTY TAX OUTSIDE THE       1,594        

TEN-MILL LIMITATION ESTIMATED BY THE COUNTY AUDITOR TO AVERAGE     1,595        

OVER THE BOND REPAYMENT PERIOD ....... MILLS FOR EACH ONE DOLLAR   1,596        

OF TAX VALUATION, WHICH AMOUNTS TO ....... (RATE EXPRESSED IN      1,597        

CENTS OR DOLLARS AND CENTS, SUCH AS "36 CENTS" OR "$1.41") FOR     1,598        

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

BONDS, AND TO PAY DEBT CHARGES ON ANY NOTES ISSUED IN              1,599        

ANTICIPATION OF THOSE BONDS?                                       1,600        

                                                          39     

                                                                 
                                                                   1,603        

               FOR THE INCOME TAX AND BOND ISSUE                   1,604        

                                                                   1,605        

               AGAINST THE INCOME TAX AND BOND ISSUE               1,606        

                                                        "          1,607        

      (E)  THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE       1,611        

RESULTS OF THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY     1,612        

AUDITOR OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED.     1,613        

IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE IN       1,614        

FAVOR OF IT, THE INCOME TAX AND THE APPLICABLE PROVISIONS OF       1,616        

CHAPTER 5747. OF THE REVISED CODE SHALL TAKE EFFECT ON THE DATE    1,619        

SPECIFIED IN THE RESOLUTION, AND THE BOARD OF EDUCATION MAY                     

PROCEED WITH ISSUANCE OF THE BONDS AND WITH THE LEVY AND           1,620        

COLLECTION OF THE PROPERTY TAXES TO PAY DEBT CHARGES ON THE        1,621        

BONDS, AT THE ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE  1,623        

TEN-MILL LIMITATION.  ANY SECURITIES ISSUED BY THE BOARD OF                     

EDUCATION UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT  1,626        

TERM IS DEFINED IN SECTION 133.01 OF THE REVISED CODE.             1,628        

      (F)  AFTER APPROVAL OF A QUESTION UNDER THIS SECTION, THE    1,631        

BOARD OF EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF    1,632        

THE SCHOOL DISTRICT INCOME TAX IN ACCORDANCE WITH SECTION 5748.05  1,633        

OF THE REVISED CODE.  ANY ANTICIPATION NOTES UNDER THIS DIVISION   1,634        

SHALL BE ISSUED AS PROVIDED IN SECTION 133.24 OF THE REVISED       1,636        

CODE, SHALL HAVE PRINCIPAL PAYMENTS DURING EACH YEAR AFTER THE     1,637        

YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE YEARS,     1,638        

AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR ISSUANCE.    1,639        

      (G)  THE QUESTION OF REPEAL OF A SCHOOL DISTRICT INCOME TAX  1,642        

LEVIED FOR MORE THAN FIVE YEARS MAY BE INITIATED AND SUBMITTED IN  1,643        

ACCORDANCE WITH SECTION 5748.04 OF THE REVISED CODE.               1,645        

      (H)  NO BOARD OF EDUCATION SHALL SUBMIT A QUESTION UNDER     1,648        

THIS SECTION TO THE ELECTORS OF THE SCHOOL DISTRICT MORE THAN      1,649        

TWICE IN ANY CALENDAR YEAR.  IF A BOARD SUBMITS THE QUESTION       1,650        

TWICE IN ANY CALENDAR YEAR, ONE OF THE ELECTIONS ON THE QUESTION   1,651        

SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION.                              

                                                          40     

                                                                 
      Section 2.  That existing sections 145.56, 3307.71,          1,653        

3309.66, 3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5739.021,   1,654        

5739.026, 5739.028, 5748.01, and 5748.05 of the Revised Code are   1,656        

hereby repealed.                                                                

      Section 3.  Section 3317.08 of the Revised Code is           1,658        

presented in this act as a composite of the section as amended by  1,659        

both Am. Sub. H.B. 571 and Am. Sub. H.B. 552 of the 120th General  1,660        

Assembly, with the new language of neither of the acts shown in    1,662        

capital letters.  This is in recognition of the principle stated   1,663        

in division (B) of section 1.52 of the Revised Code that such      1,664        

amendments are to be harmonized where not substantively            1,665        

irreconcilable and constitutes a legislative finding that such is  1,666        

the resulting version in effect prior to the effective date of     1,667        

this act.                                                                       

      Section 4.  The amendments to sections 5739.021, 5739.026,   1,670        

and 5739.028 of the Revised Code in this act are intended to       1,671        

expand the date on which elections provided for under those        1,672        

sections may be held, from the dates of primary and general                     

elections only, to the dates on which a special election may be    1,673        

held under division (D) of section 3501.01 of the Revised Code,    1,674        

except for the first Tuesday after the first Monday in February    1,675        

and August.  The amendment of these sections is not intended to    1,676        

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     1,677        

levying of taxes or increasing the rate of tax for more than one   1,679        

of the purposes set forth in divisions (A)(1) through (7) of       1,680        

section 5739.026 of the Revised Code, or exclusively for one of    1,681        

the purposes set forth in divisions (A)(1), (2), (4), (5), (6),    1,682        

or (7) of that section, which shall continue to be governed by     1,683        

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    1,684        

amended by this act, shall be construed to reduce or constrict     1,686        

the dates on which an election previously could be held under      1,687        

those sections.                                                                 

                                                          41     

                                                                 
      Section 5.  If, prior to this act becoming law, a copy of a  1,689        

resolution is certified by a board of county commissioners to the  1,690        

board of elections as provided in division (B)(2)(a) of section    1,691        

5739.021 or division (D)(2) of section 5739.026 of the Revised     1,692        

Code, the certification, and the proper preparations of the board  1,693        

of elections to place the question proposed by the resolution on   1,694        

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   1,695        

election held on that date.                                        1,696        

      Section 6.  This act is hereby declared to be an emergency   1,698        

measure necessary for the immediate preservation of the public     1,699        

peace, health, and safety.  The reasons for such necessity are     1,700        

that ballot measures must be taken as soon as possible to          1,701        

preserve and expand educational opportunities and protect the                   

safety of Ohio's pupils by improving the physical facilities of    1,702        

their schools, and that the recent repeal of sales and use taxes   1,703        

in some counties has decreased county revenues and, as a result,   1,704        

greatly limited services in those counties.  Therefore, this act   1,705        

shall go into immediate effect.