As Passed by the House 1
122nd General Assembly 4
Regular Session S. B. No. 24 5
1997-1998 6
SENATORS RAY-B. JOHNSON-BLESSING-DRAKE-DiDONATO-HERINGTON-GILLMOR- 8
McLIN-CARNES-KEARNS-REPRESENTATIVES HAINES-COUGHLIN-MILLER-LEWIS- 9
CALLENDER-THOMAS-WILLIAMS-TIBERI-MEAD-O'BRIEN-BRADING-STAPLETON- 10
PERZ-GRENDELL-REID-GARDNER-OLMAN-PADGETT-HOUSEHOLDER-JOHNSON- 11
LOGAN-COLONNA-METZGER-CORE-VESPER 12
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A B I L L
To amend section 5705.23 of the Revised Code to 16
provide that when a voter-approved library tax is 17
levied for a specific permanent improvement or 18
class of improvements, the period for which notes 19
may be issued in anticipation of the revenue be 20
increased from five to ten years. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 5705.23 of the Revised Code be 25
amended to read as follows: 26
Sec. 5705.23. The board of library trustees of any county, 35
municipal corporation, school district, or township public 36
library by a vote of two-thirds of all its members may at any 37
time declare by resolution that the amount of taxes which may be 38
raised within the ten-mill limitation by levies on the current 39
tax duplicate will be insufficient to provide an adequate amount 40
for the necessary requirements of the public library, that it is 41
necessary to levy a tax in excess of such limitation for current 42
expenses of the public library or for the construction of any 43
specific permanent improvement or class of improvements which the 44
board of library trustees is authorized to make or acquire and 45
which could be included in a single issue of bonds, and that the 46
question of such additional tax levy shall be submitted by the 47
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taxing authority of the political subdivision to whose 48
jurisdiction the board is subject, to the electors of the 49
subdivision, or, if the resolution so states, to the electors 50
residing within the boundaries of the library district, as 51
defined by the state library board pursuant to section 3375.01 of 52
the Revised Code, on the day specified by division (E) of section 53
3501.01 of the Revised Code for the holding of a primary election 54
or at an election on another day to be specified in the 55
resolution. No more than two elections shall be held under 56
authority of this section in any one calendar year. Such 57
resolution shall conform to section 5705.19 of the Revised Code, 58
except that the tax levy may be in effect for any specified 59
number of years or for a continuing period of time, as set forth 60
in the resolution, and the resolution shall specify the date of 61
holding the election, which shall not be earlier than 62
seventy-five days after the adoption and certification of the 63
resolution to the taxing authority of the political subdivision 64
to whose jurisdiction the board is subject, and which shall be 65
consistent with the requirements of section 3501.01 of the 66
Revised Code. The resolution shall not include a levy on the 67
current tax list and duplicate unless the election is to be held 68
at or prior to the first Tuesday after the first Monday in 69
November of the current tax year. Upon 70
UPON receipt of the resolution, the taxing authority of the 73
political subdivision to whose jurisdiction the board is subject 74
shall adopt a resolution providing for the submission of such 75
additional tax levy to the electors of the subdivision, or, if 76
the resolution so states, to the electors residing within the 77
boundaries of the library district, as defined by the state 78
library board pursuant to section 3375.01 of the Revised Code, on 79
the date specified in the resolution of the board of library 80
trustees. The resolution adopted by the taxing authority shall 81
otherwise conform to the resolution certified to it by the board. 82
The resolution of the taxing authority shall be certified to the 83
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board of elections of the proper county not less than 84
seventy-five days before the date of such election. Such 85
resolution shall go into immediate effect upon its passage, and 86
no publication of the resolution shall be necessary other than 87
that provided in the notice of election. Section 5705.25 of the 88
Revised Code shall govern the arrangements for the submission of 89
such question and other matters concerning the election, to which 90
that section refers, except that if the resolution so states, the 91
question shall be submitted to the electors residing within the 92
boundaries of the library district, as defined by the state 93
library board pursuant to section 3375.01 of the Revised Code, 94
and except that such election shall be held on the date specified 95
in the resolution. If a majority of the electors voting on the 96
question so submitted in an election vote in favor of such levy, 97
the taxing authority may forthwith make the necessary levy within 98
the subdivision or within the boundaries of the library district, 99
as defined by the state library board pursuant to section 3375.01 100
of the Revised Code, at the additional rate in excess of the 101
ten-mill limitation on the tax list, for the purpose stated in 102
such resolutions. Such tax levy shall be included in the next 103
annual tax budget that is certified to the county budget 104
commission. The proceeds of any library levy in excess of the 105
ten-mill limitation shall be used for purposes of the board in 106
accordance with the law applicable to the board. 107
After the approval of a levy on the current tax list and 109
duplicate to provide an increase in current expenses, and prior 110
to the time when the first tax collection from such levy can be 111
made, the taxing authority at the request of the board of library 112
trustees may anticipate a fraction of the proceeds of such levy 113
and issue anticipation notes in an amount not exceeding fifty per 114
cent of the total estimated proceeds of the levy to be collected 115
during the first year of the levy. 116
After the approval of a levy to provide revenues for the 118
construction or acquisition of any specific permanent improvement 119
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or class of improvements, the taxing authority at the request of 120
the board of library trustees may anticipate a fraction of the 121
proceeds of such levy and issue anticipation notes in a principal 122
amount not exceeding fifty per cent of the total estimated 123
proceeds of the levy to be collected in each year over a period 124
of five TEN years after the issuance of such notes. 125
The notes shall be issued as provided in section 133.24 of 127
the Revised Code, shall have principal payments during each year 128
after the year of their issuance over a period not to exceed five 129
TEN years, and may have a principal payment in the year of their 131
issuance. 132
When a board of public library trustees of a county library 134
district, appointed under section 3375.22 of the Revised Code, 135
requests the submission of such special levy, the taxing 136
authority shall submit the levy to the voters of the county 137
library district only. For the purposes of this section, and of 138
such THE board of PUBLIC library trustees only, the words 139
"electors of the subdivision," as used in this section and in 141
section 5705.25 of the Revised Code, mean "electors of the county 142
library district." Any levy approved by the electors of the 143
county library district shall be made within the county library 144
district only.
Section 2. That existing section 5705.23 of the Revised 146
Code is hereby repealed. 147