H. B. No. 208 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 208

Representative Latta

Cosponsor: Representative McGregor, J.

A BILL

To enact section 306.55 of the Revised Code to allow 1
a subdivision that is a member of a regional 2
transit authority to withdraw from the authority. 3

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

       Section 1. That section 306.55 of the Revised Code be enacted 4
to read as follows: 5

       Sec. 306.55. Any county, municipal corporation, or township 6
that has created or joined a regional transit authority may 7
withdraw from the regional transit authority in the manner 8
provided in this section. The board of county commissioners, 9
legislative authority of the municipal corporation, or board of 10
township trustees of the township proposing to withdraw shall 11
adopt a resolution to submit the question of withdrawing from the 12
regional transit authority to the electors of the territory to be 13
withdrawn and shall certify the proposal to the board of elections 14
for the purpose of having the proposal placed on the ballot at the 15
next general election or at a special election conducted on the 16
day of the next primary election that occurs not less than 17
seventy-five days after the resolution is certified to the board 18
of elections. 19

        Upon certification of a proposal to the board of elections 20
pursuant to this section, the board of elections shall make the 21
necessary arrangements for the submission of the question to the 22
electors of the territory to be withdrawn from the regional 23
transit authority qualified to vote on the question, and the 24
election shall be held, canvassed, and certified in the same 25
manner as regular elections for the election of officers of the 26
subdivision proposing to withdraw from the regional transit 27
authority, except that the question appearing on the ballot shall 28
read: 29

        "Shall the territory within the ......................... 30
(Name of political subdivision to be withdrawn) be withdrawn from 31
......................... ......... (Name) regional transit 32
authority?" 33

        If the question is approved by at least a majority of the 34
electors voting on the question, the withdrawal is effective two 35
years from the date of the certification of its passage. 36

        The board of elections to which the resolution was certified 37
shall certify the results of the election to the board or 38
legislative authority of the subdivision that submitted the 39
resolution to withdraw and to the board of trustees of the 40
regional transit authority from which the subdivision proposed to 41
withdraw. 42

        If the question of withdrawing from the regional transit 43
authority is approved, the power of the regional transit authority 44
to levy and collect any ad valorem or sales and use taxes that it 45
was authorized to levy and collect within the territory of the 46
withdrawing subdivision terminates, except that the authority 47
shall continue to levy and collect taxes for the payment of 48
indebtedness within the territory of the regional transit 49
authority as it existed at the time the indebtedness was incurred. 50

        Upon the passage of the question proposing the withdrawal of 51
any subdivision from a regional transit authority, the board of 52
trustees of the regional transit authority shall ascertain, 53
apportion, and order a division of the funds on hand, credits, 54
moneys, and taxes in the process of collection, except for taxes 55
levied for the payment of indebtedness, and real and personal 56
property, either in money or in kind, between the authority and 57
the withdrawing subdivision on any equitable basis consistent with 58
the resolutions creating the authority and any agreements between 59
the withdrawing subdivision and the authority, taking into 60
consideration the prior contributions of the withdrawing 61
subdivision. 62

Section 1. That section 306.55 of the Revised Code be enacted	4
to read as follows:	5

Sec. 306.55. Any county, municipal corporation, or township	6
that has created or joined a regional transit authority may	7
withdraw from the regional transit authority in the manner	8
provided in this section. The board of county commissioners,	9
legislative authority of the municipal corporation, or board of	10
township trustees of the township proposing to withdraw shall	11
adopt a resolution to submit the question of withdrawing from the	12
regional transit authority to the electors of the territory to be	13
withdrawn and shall certify the proposal to the board of elections	14
for the purpose of having the proposal placed on the ballot at the	15
next general election or at a special election conducted on the	16
day of the next primary election that occurs not less than	17
seventy-five days after the resolution is certified to the board	18
of elections.	19

Upon certification of a proposal to the board of elections	20
pursuant to this section, the board of elections shall make the	21
necessary arrangements for the submission of the question to the	22
electors of the territory to be withdrawn from the regional	23
transit authority qualified to vote on the question, and the	24
election shall be held, canvassed, and certified in the same	25
manner as regular elections for the election of officers of the	26
subdivision proposing to withdraw from the regional transit	27
authority, except that the question appearing on the ballot shall	28
read:	29

"Shall the territory within the .........................	30
(Name of political subdivision to be withdrawn) be withdrawn from	31
......................... ......... (Name) regional transit	32
authority?"	33

If the question is approved by at least a majority of the	34
electors voting on the question, the withdrawal is effective two	35
years from the date of the certification of its passage.	36

The board of elections to which the resolution was certified	37
shall certify the results of the election to the board or	38
legislative authority of the subdivision that submitted the	39
resolution to withdraw and to the board of trustees of the	40
regional transit authority from which the subdivision proposed to	41
withdraw.	42

If the question of withdrawing from the regional transit	43
authority is approved, the power of the regional transit authority	44
to levy and collect any ad valorem or sales and use taxes that it	45
was authorized to levy and collect within the territory of the	46
withdrawing subdivision terminates, except that the authority	47
shall continue to levy and collect taxes for the payment of	48
indebtedness within the territory of the regional transit	49
authority as it existed at the time the indebtedness was incurred.	50

Upon the passage of the question proposing the withdrawal of	51
any subdivision from a regional transit authority, the board of	52
trustees of the regional transit authority shall ascertain,	53
apportion, and order a division of the funds on hand, credits,	54
moneys, and taxes in the process of collection, except for taxes	55
levied for the payment of indebtedness, and real and personal	56
property, either in money or in kind, between the authority and	57
the withdrawing subdivision on any equitable basis consistent with	58
the resolutions creating the authority and any agreements between	59
the withdrawing subdivision and the authority, taking into	60
consideration the prior contributions of the withdrawing	61
subdivision.	62