As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 118


Representative Roegner 

Cosponsors: Representatives Wachtmann, Adams, J., Blair, Hood, Lynch, Thompson, Terhar, Duffey 

A BILL
To amend sections 133.18, 1711.18, 1711.30, 3318.06, 1
3318.062, 3318.45, 3505.062, 3519.03, 5705.218, 2
and 5748.08 of the Revised Code to revise the 3
ballot language requirements for bond issues.4


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

       Section 1. That sections 133.18, 1711.18, 1711.30, 3318.06, 5
3318.062, 3318.45, 3505.062, 3519.03, 5705.218, and 5748.08 of the 6
Revised Code be amended to read as follows:7

       Sec. 133.18.  (A) The taxing authority of a subdivision may 8
by legislation submit to the electors of the subdivision the 9
question of issuing any general obligation bonds, for one purpose, 10
that the subdivision has power or authority to issue.11

       (B) When the taxing authority of a subdivision desires or is 12
required by law to submit the question of a bond issue to the 13
electors, it shall pass legislation that does all of the 14
following:15

       (1) Declares the necessity and purpose of the bond issue;16

       (2) States the date of the authorized election at which the 17
question shall be submitted to the electors;18

       (3) States the:19

       (a) The amount,of the bonds to be issued and the approximate 20
date,of issuance;21

       (b) The estimated net average rate of interest,and the 22
estimated total amount of debt service;23

       (c) The estimated per capita obligation resulting from the 24
bonds, including debt service;25

       (d) The maximum number of years over which the principal of 26
the bonds may be paid; and27

       (e) The amount of the subdivision's outstanding debt, the 28
service on that debt, and the per capita obligation resulting from 29
that debt, including debt service, as of the subdivision's most 30
recent annual financial report.31

       (4) Declares the necessity of levying a tax outside the tax 32
limitation to pay the debt charges on the bonds and any 33
anticipatory securities.34

       The estimated net average interest rate shall be determined 35
by the taxing authority based on, among other factors, then 36
existing market conditions, and may reflect adjustments for any 37
anticipated direct payments expected to be received by the taxing 38
authority from the government of the United States relating to the 39
bonds and the effect of any federal tax credits anticipated to be 40
available to owners of all or a portion of the bonds. The 41
estimated net average rate of interest, and any statutory or 42
charter limit on interest rates that may then be in effect and 43
that is subsequently amended, shall not be a limitation on the 44
actual interest rate or rates on the securities when issued.45

       The taxing authority of the subdivision shall use the most 46
recently available population totals from the United States census 47
bureau in calculating the per capita obligation under this 48
section.49

       As used in this section, "outstanding debt" means the total 50
obligation of the subdivision, including general obligation bonds, 51
revenue bonds, and all other securities.52

       (C)(1) The taxing authority shall certify a copy of the 53
legislation passed under division (B) of this section to the 54
county auditor. The county auditor shall promptly calculate and 55
advise and, not later than ninety days before the election, 56
confirm that advice by certification to, the taxing authority the 57
estimated average annual property tax levy, expressed in cents or 58
dollars and cents for each one hundred dollars of tax valuation 59
and in mills for each one dollar of tax valuation, that the county 60
auditor estimates to be required throughout the stated maturity of 61
the bonds to pay the debt charges on the bonds. In calculating the 62
estimated average annual property tax levy for this purpose, the 63
county auditor shall assume that the bonds are issued in one 64
series bearing interest and maturing in substantially equal 65
principal amounts in each year over the maximum number of years 66
over which the principal of the bonds may be paid as stated in 67
that legislation, and that the amount of the tax valuation of the 68
subdivision for the current year remains the same throughout the 69
maturity of the bonds, except as otherwise provided in division 70
(C)(2) of this section. If the tax valuation for the current year 71
is not determined, the county auditor shall base the calculation 72
on the estimated amount of the tax valuation submitted by the 73
county auditor to the county budget commission. If the subdivision 74
is located in more than one county, the county auditor shall 75
obtain the assistance of the county auditors of the other 76
counties, and those county auditors shall provide assistance, in 77
establishing the tax valuation of the subdivision for purposes of 78
certifying the estimated average annual property tax levy.79

       (2) When considering the tangible personal property component 80
of the tax valuation of the subdivision, the county auditor shall 81
take into account the assessment percentages prescribed in section 82
5711.22 of the Revised Code. The tax commissioner may issue rules, 83
orders, or instructions directing how the assessment percentages 84
must be utilized.85

       (D) After receiving the county auditor's advice under 86
division (C) of this section, the taxing authority by legislation 87
may determine to proceed with submitting the question of the issue 88
of securities, and shall, not later than the ninetieth day before 89
the day of the election, file the following with the board of 90
elections:91

       (1) Copies of the legislation provided for in divisions (B) 92
and (D) of this section;93

       (2) The amount of the estimated average annual property tax 94
levy, expressed in cents or dollars and cents for each one hundred 95
dollars of tax valuation and in mills for each one dollar of tax 96
valuation, as estimated and certified to the taxing authority by 97
the county auditor.98

       (E)(1) The board of elections shall prepare the ballots and 99
make other necessary arrangements for the submission of the 100
question to the electors of the subdivision. If the subdivision is 101
located in more than one county, the board shall inform the boards 102
of elections of the other counties of the filings with it, and 103
those other boards shall if appropriate make the other necessary 104
arrangements for the election in their counties. The election 105
shall be conducted, canvassed, and certified in the manner 106
provided in Title XXXV of the Revised Code.107

       (2) The election shall be held at the regular places for 108
voting in the subdivision. If the electors of only a part of a 109
precinct are qualified to vote at the election the board of 110
elections may assign the electors in that part to an adjoining 111
precinct, including an adjoining precinct in another county if the 112
board of elections of the other county consents to and approves 113
the assignment. Each elector so assigned shall be notified of that 114
fact prior to the election by notice mailed by the board of 115
elections, in such manner as it determines, prior to the election.116

       (3) The board of elections shall publish a notice of the 117
election once in a newspaper of general circulation in the 118
subdivision, no later than ten days prior to the election. The 119
board also shall post the notice on its official web site, or if 120
the board does not maintain a web site, on the state public notice 121
web site established under section 125.182 of the Revised Code, 122
for forty-five days prior to the election. The notice shall state 123
all of the following:124

       (a) The principal amount of the proposed bond issue;125

       (b) The stated purpose for which the bonds are to be issued;126

       (c) The estimated total amount of debt service;127

       (d) The estimated per capita obligation resulting from the 128
bonds, including debt service;129

       (e) The maximum number of years over which the principal of 130
the bonds may be paid;131

       (d)(f) The estimated additional average annual property tax 132
levy, expressed in cents or dollars and cents for each one hundred 133
dollars of tax valuation and in mills for each one dollar of tax 134
valuation, to be levied outside the tax limitation, as estimated 135
and certified to the taxing authority by the county auditor;136

       (e)(g) The first calendar year in which the tax is expected 137
to be due;138

       (h) The amount of the subdivision's outstanding debt; the 139
service on that debt; and the per capita obligation resulting from 140
that debt, including debt service, as of the subdivision's most 141
recent annual financial report.142

       (F)(1) The form of the ballot to be used at the election 143
shall be substantially either of the following, as applicable:144

       (a) "Shall bonds be issued by the ............ (name of 145
subdivision) for the purpose of ........... (purpose of the bond 146
issue) in the principal amount of .......... (principal amount of 147
the bond issue), to be repaid annually over a maximum period of 148
.......... (the maximum number of years over which the principal 149
of the bonds may be paid) years, and an annual levy of property 150
taxes be made outside the .......... (as applicable, "ten-mill" or 151
"...charter tax") limitation, estimated by the county auditor to 152
average over the repayment period of the bond issue .......... 153
(number of mills) mills for each one dollar of tax valuation, 154
which amounts to .......... (rate expressed in cents or dollars 155
and cents, such as "36 cents" or "$1.41") for each one hundred 156
dollars of tax valuation, commencing in .......... (first year the 157
tax will be levied), first due in calendar year .......... (first 158
calendar year in which the tax shall be due), to pay the annual 159
debt charges on the bonds, and to pay debt charges on any notes 160
issued in anticipation of those bonds?161

       Currently, ..........'s (name of subdivision) outstanding 162
debt totals .......... (amount of outstanding debt); the debt 163
service is in the amount of .......... (amount of debt service); 164
and the outstanding debt per capita, including debt service, 165
amounts to .......... (per capita obligation).166

       The proposed issuance of bonds will result in an additional 167
debt of .......... (principal amount of the bond issue); estimated 168
debt service in the amount of .......... (estimated debt service); 169
and an estimated per capita burden, including debt service, in the 170
amount of .......... (estimated per capita obligation).171

         172

  For the bond issue 173
  Against the bond issue   " 174

         175

       (b) In the case of an election held pursuant to legislation 176
adopted under section 3375.43 or 3375.431 of the Revised Code:177

       "Shall bonds be issued for .......... (name of library) for 178
the purpose of .......... (purpose of the bond issue), in the 179
principal amount of .......... (amount of the bond issue) by 180
.......... (the name of the subdivision that is to issue the bonds 181
and levy the tax) as the issuer of the bonds, to be repaid 182
annually over a maximum period of .......... (the maximum number 183
of years over which the principal of the bonds may be paid) years, 184
and an annual levy of property taxes be made outside the ten-mill 185
limitation, estimated by the county auditor to average over the 186
repayment period of the bond issue .......... (number of mills) 187
mills for each one dollar of tax valuation, which amounts to 188
.......... (rate expressed in cents or dollars and cents, such as 189
"36 cents" or "$1.41") for each one hundred dollars of tax 190
valuation, commencing in .......... (first year the tax will be 191
levied), first due in calendar year .......... (first calendar 192
year in which the tax shall be due), to pay the annual debt 193
charges on the bonds, and to pay debt charges on any notes issued 194
in anticipation of those bonds?195

       Currently, ..........'s (name of subdivision) outstanding 196
debt totals .......... (amount of outstanding debt); the debt 197
service is in the amount of .......... (amount of debt service); 198
and the outstanding debt per capita, including debt service, 199
amounts to .......... (per capita obligation).200

       The proposed issuance of bonds will result in an additional 201
debt of .......... (principal amount of the bond issue); estimated 202
debt service in the amount of .......... (estimated debt service); 203
and an estimated per capita burden, including debt service, in the 204
amount of .......... (estimated per capita obligation).205

         206

  For the bond issue 207
  Against the bond issue   " 208

         209

       (2) The purpose for which the bonds are to be issued shall be 210
printed in the space indicated, in boldface type.211

       (G) The board of elections shall promptly certify the results 212
of the election to the tax commissioner, the county auditor of 213
each county in which any part of the subdivision is located, and 214
the fiscal officer of the subdivision. The election, including the 215
proceedings for and result of the election, is incontestable other 216
than in a contest filed under section 3515.09 of the Revised Code 217
in which the plaintiff prevails.218

       (H) If a majority of the electors voting upon the question 219
vote for it, the taxing authority of the subdivision may proceed 220
under sections 133.21 to 133.33 of the Revised Code with the 221
issuance of the securities and with the levy and collection of a 222
property tax outside the tax limitation during the period the 223
securities are outstanding sufficient in amount to pay the debt 224
charges on the securities, including debt charges on any 225
anticipatory securities required to be paid from that tax. If 226
legislation passed under section 133.22 or 133.23 of the Revised 227
Code authorizing those securities is filed with the county auditor 228
on or before the last day of November, the amount of the voted 229
property tax levy required to pay debt charges or estimated debt 230
charges on the securities payable in the following year shall if 231
requested by the taxing authority be included in the taxes levied 232
for collection in the following year under section 319.30 of the 233
Revised Code.234

       (I)(1) If, before any securities authorized at an election 235
under this section are issued, the net indebtedness of the 236
subdivision exceeds that applicable to that subdivision or those 237
securities, then and so long as that is the case none of the 238
securities may be issued.239

       (2) No securities authorized at an election under this 240
section may be initially issued after the first day of the sixth 241
January following the election, but this period of limitation 242
shall not run for any time during which any part of the permanent 243
improvement for which the securities have been authorized, or the 244
issuing or validity of any part of the securities issued or to be 245
issued, or the related proceedings, is involved or questioned 246
before a court or a commission or other tribunal, administrative 247
agency, or board.248

       (3) Securities representing a portion of the amount 249
authorized at an election that are issued within the applicable 250
limitation on net indebtedness are valid and in no manner affected 251
by the fact that the balance of the securities authorized cannot 252
be issued by reason of the net indebtedness limitation or lapse of 253
time.254

       (4) Nothing in this division (I) shall be interpreted or 255
applied to prevent the issuance of securities in an amount to fund 256
or refund anticipatory securities lawfully issued.257

       (5) The limitations of divisions (I)(1) and (2) of this 258
section do not apply to any securities authorized at an election 259
under this section if at least ten per cent of the principal 260
amount of the securities, including anticipatory securities, 261
authorized has theretofore been issued, or if the securities are 262
to be issued for the purpose of participating in any federally or 263
state-assisted program.264

       (6) The certificate of the fiscal officer of the subdivision 265
is conclusive proof of the facts referred to in this division.266

       Sec. 1711.18.  In a county in which there is a county 267
agricultural society indebted fifteen thousand dollars or more, 268
and such society has purchased a fairground or title to such 269
fairground is vested in fee in the county, the board of county 270
commissioners, upon the presentation of a petition signed by not 271
less than five hundred resident electors of the county praying for 272
the submission to the electors of the county of the question 273
whether or not county bonds shall be issued and sold to liquidate 274
such indebtedness, shall, by resolution within ten days 275
thereafter, fix a date, which shall be within thirty days, upon 276
which the question of issuing and selling such bonds, in the 277
necessary amount and denomination, shall be submitted to the 278
electors of the county. The resolution shall conform to the 279
requirements of division (B) of section 133.18 of the Revised 280
Code. The board also shall cause a copy of such resolution to be 281
certified to the county board of elections and such board of 282
elections, within ten days after such certification, shall proceed 283
to make the necessary arrangements for the submission of such 284
question to such electors at the time fixed by such resolution.285

       Such election shall be held at the regular places of voting 286
in the county and shall be conducted, canvassed, and certified, 287
except as otherwise provided by law, as are elections of county 288
officers. The county board of elections must give fifteen days' 289
notice of such submission by publication in a newspaper of general 290
circulation in the county once a week for two consecutive weeks or 291
as provided in section 7.16 of the Revised Code, stating the 292
amount of bonds to be issued, the purpose for which they are to be 293
issued,all of the information required under divisions (E)(3)(a) 294
to (h) of section 133.18 of the Revised Code and the time and 295
places of holding such election. Those who vote in favor of the 296
proposition shall have written or printed on their ballots "for 297
the issue of bonds" and those who vote against it shall have 298
written or printed on their ballots "against the issue of bonds."299
The board also shall post that notice on its official web site, or 300
if the board does not maintain a web site, on the state public 301
notice web site established under section 125.182 of the Revised 302
Code, for forty-five days prior to the election. The form of the 303
ballot to be used at the election shall conform to the 304
requirements of division (F) of section 133.18 of the Revised 305
Code. If a majority of those voting upon the question of issuing 306
the bonds vote in favor thereof, then and only then shall they be 307
issued and the tax provided for in section 1711.20 of the Revised 308
Code be levied.309

       Sec. 1711.30.  Before issuing bonds under section 1711.28 of 310
the Revised Code, the board of county commissioners, by 311
resolution, shall submit to the qualified electors of the county 312
at the next general election for county officers, held not less 313
than ninety days after receiving from the county agricultural 314
society the notice provided for in section 1711.25 of the Revised 315
Code, the question of issuing and selling such bonds in such 316
amount and denomination as are necessary for the purpose in view, 317
and shall certify a copy of such resolution to the county board of 318
elections. The resolution shall conform to all applicable 319
requirements of division (B) of section 133.18 of the Revised 320
Code.321

       The county board of elections shall place the question of 322
issuing and selling such bonds upon the ballot and make all other 323
necessary arrangements for the submission, at the time fixed by 324
such resolution, of such question to such electors. The votes cast 325
at such election upon such question must be counted, canvassed, 326
and certified in the same manner, except as provided by law, as 327
votes cast for county officers. Fifteen days' notice of such 328
submission shall be given by the county board of elections, by 329
publication once a week for two consecutive weeks in a newspaper 330
of general circulation in the county or as provided in section 331
7.16 of the Revised Code, stating the amount of bonds to be 332
issued, the purpose for which they are to be issued,all of the 333
applicable information required under divisions (E)(3)(a) to (h) 334
of section 133.18 of the Revised Code and the time and places of 335
holding such election. Such question must be stated onThe board 336
also shall post that notice on its official web site, or if the 337
board does not maintain a web site, on the state public notice web 338
site established under section 125.182 of the Revised Code, for 339
forty-five days prior to the election. The form of the ballot as 340
follows: "For the issue of county fair bonds, yes"; "For the issue 341
of county fair bonds, no."to be used at the election shall 342
conform to all applicable requirements of division (F) of section 343
133.18 of the Revised Code. If the majority of those voting upon 344
the question of issuing the bonds vote in favor thereof, then and 345
only then shall they be issued and the tax provided for in section 346
1711.29 of the Revised Code be levied.347

       Sec. 3318.06. (A) After receipt of the conditional approval 348
of the Ohio school facilities commission, the school district 349
board by a majority of all of its members shall, if it desires to 350
proceed with the project, declare all of the following by 351
resolution:352

       (1) That by issuing bonds in an amount equal to the school 353
district's portion of the basic project cost the district is 354
unable to provide adequate classroom facilities without assistance 355
from the state;356

       (2) Unless the school district board has resolved to transfer 357
money in accordance with section 3318.051 of the Revised Code or 358
to apply the proceeds of a property tax or the proceeds of an 359
income tax, or a combination of proceeds from such taxes, as 360
authorized under section 3318.052 of the Revised Code, that to 361
qualify for such state assistance it is necessary to do either of 362
the following:363

       (a) Levy a tax outside the ten-mill limitation the proceeds 364
of which shall be used to pay the cost of maintaining the 365
classroom facilities included in the project;366

       (b) Earmark for maintenance of classroom facilities from the 367
proceeds of an existing permanent improvement tax levied under 368
section 5705.21 of the Revised Code, if such tax can be used for 369
maintenance, an amount equivalent to the amount of the additional 370
tax otherwise required under this section and sections 3318.05 and 371
3318.08 of the Revised Code.372

       (3) That the question of any tax levy specified in a 373
resolution described in division (A)(2)(a) of this section, if 374
required, shall be submitted to the electors of the school 375
district at the next general or primary election, if there be a 376
general or primary election not less than ninety and not more than 377
one hundred ten days after the day of the adoption of such 378
resolution or, if not, at a special election to be held at a time 379
specified in the resolution which shall be not less than ninety 380
days after the day of the adoption of the resolution and which 381
shall be in accordance with the requirements of section 3501.01 of 382
the Revised Code.383

       Such resolution shall also state that the question of issuing 384
bonds of the board shall be combined in a single proposal with the 385
question of such tax levy. More than one election under this 386
section may be held in any one calendar year. Such resolution 387
shall specify both of the following:388

       (a) That the rate which it is necessary to levy shall be at 389
the rate of not less than one-half mill for each one dollar of 390
valuation, and that such tax shall be levied for a period of 391
twenty-three years;392

       (b) That the proceeds of the tax shall be used to pay the 393
cost of maintaining the classroom facilities included in the 394
project.395

       (B) A copy of a resolution adopted under division (A) of this 396
section shall after its passage and not less than ninety days 397
prior to the date set therein for the election be certified to the 398
county board of elections.399

       The resolution of the school district board, in addition to 400
meeting other applicable requirements of section 133.18 of the 401
Revised Code, shall state that the amount of bonds to be issued 402
will be an amount equal to the school district's portion of the 403
basic project cost, and state the maximum maturity of the bonds 404
which may be any number of years not exceeding the term calculated 405
under section 133.20 of the Revised Code as determined by the 406
board. In estimating the amount of bonds to be issued, the board 407
shall take into consideration the amount of moneys then in the 408
bond retirement fund and the amount of moneys to be collected for 409
and disbursed from the bond retirement fund during the remainder 410
of the year in which the resolution of necessity is adopted.411

       If the bonds are to be issued in more than one series, the 412
resolution may state, in addition to the information required to 413
be stated under division (B)(3) of section 133.18 of the Revised 414
Code, the number of series, which shall not exceed five, the 415
principal amount of each series, and the approximate date each 416
series will be issued, and may provide that no series, or any 417
portion thereof, may be issued before such date. Upon such a 418
resolution being certified to the county auditor as required by 419
division (C) of section 133.18 of the Revised Code, the county 420
auditor, in calculating, advising, and confirming the estimated 421
average annual property tax levy under that division, shall also 422
calculate, advise, and confirm by certification the estimated 423
average property tax levy for each series of bonds to be issued.424

       Notice of the election shall include the fact that the tax 425
levy shall be at the rate of not less than one-half mill for each 426
one dollar of valuation for a period of twenty-three years, and 427
that the proceeds of the tax shall be used to pay the cost of 428
maintaining the classroom facilities included in the project.429

       If the bonds are to be issued in more than one series, the 430
board of education, when filing copies of the resolution with the 431
board of elections as required by division (D) of section 133.18 432
of the Revised Code, may direct the board of elections to include 433
in the notice of election the principal amount and approximate 434
date of each series, the maximum number of years over which the 435
principal of each series may be paid, the estimated additional 436
average property tax levy for each series, and the first calendar 437
year in which the tax is expected to be due for each series, in 438
addition to the information required to be stated in the notice 439
under divisions (E)(3)(a) to (e)(h) of section 133.18 of the 440
Revised Code.441

       (C)(1) Except as otherwise provided in division (C)(2) of 442
this section, the form of the ballot to be used at such election 443
shall be:444

       "A majority affirmative vote is necessary for passage.445

       Shall bonds be issued by the ............ (here insert name 446
of school district) school district to pay the local share of 447
school construction under the State of Ohio Classroom Facilities 448
Assistance Program in the principal amount of ............ (here 449
insert principal amount of the bond issue), to be repaid annually 450
over a maximum period of ............ (here insert the maximum 451
number of years over which the principal of the bonds may be paid) 452
years, and an annual levy of property taxes be made outside the 453
ten-mill limitation, estimated by the county auditor to average 454
over the repayment period of the bond issue ............ (here 455
insert the number of mills estimated) mills for each one dollar of 456
tax valuation, which amounts to ............ (rate expressed in 457
cents or dollars and cents, such as "thirty-six cents" or "$0.36") 458
for each one hundred dollars of tax valuation to pay the annual 459
debt charges on the bonds and to pay debt charges on any notes 460
issued in anticipation of the bonds?461

       Currently, ..........'s (name of school district) outstanding 462
debt totals .......... (amount of outstanding debt, as defined in 463
section 133.18 of the Revised Code); the debt service is in the 464
amount of .......... (amount of debt service); and the outstanding 465
debt per capita, including debt service, amounts to .......... 466
(per capita obligation).467

       The proposed issuance of bonds will result in an additional 468
debt of .......... (principal amount of the bond issue); estimated 469
debt service in the amount of .......... (estimated debt service); 470
and an estimated per capita burden, including debt service, in the 471
amount of .......... (estimated per capita obligation)."472

and, unless the additional levy
473

of taxes is not required pursuant
474

to division (C) of section
475

3318.05 of the Revised Code,
476

       "Shall an additional levy of taxes be made for a period of 477
twenty-three years to benefit the ............ (here insert name 478
of school district) school district, the proceeds of which shall 479
be used to pay the cost of maintaining the classroom facilities 480
included in the project at the rate of .......... (here insert the 481
number of mills, which shall not be less than one-half mill) mills 482
for each one dollar of valuation?483

         484

    FOR THE BOND ISSUE AND TAX LEVY 485
    AGAINST THE BOND ISSUE AND TAX LEVY     " 486

         487

       (2) If authority is sought to issue bonds in more than one 488
series and the board of education so elects, the form of the 489
ballot shall be as prescribed in section 3318.062 of the Revised 490
Code. If the board of education elects the form of the ballot 491
prescribed in that section, it shall so state in the resolution 492
adopted under this section.493

       (D) If it is necessary for the school district to acquire a 494
site for the classroom facilities to be acquired pursuant to 495
sections 3318.01 to 3318.20 of the Revised Code, the district 496
board may propose either to issue bonds of the board or to levy a 497
tax to pay for the acquisition of such site, and may combine the 498
question of doing so with the questions specified in division (B) 499
of this section. Bonds issued under this division for the purpose 500
of acquiring a site are a general obligation of the school 501
district and are Chapter 133. securities.502

       The form of that portion of the ballot to include the 503
question of either issuing bonds or levying a tax for site 504
acquisition purposes shall be one of the following:505

       (1) "Shall bonds be issued by the ............ (here insert 506
name of the school district) school district to pay costs of 507
acquiring a site for classroom facilities under the State of Ohio 508
Classroom Facilities Assistance Program in the principal amount of 509
.......... (here insert principal amount of the bond issue), to be 510
repaid annually over a maximum period of .......... (here insert 511
maximum number of years over which the principal of the bonds may 512
be paid) years, and an annual levy of property taxes be made 513
outside the ten-mill limitation, estimated by the county auditor 514
to average over the repayment period of the bond issue .......... 515
(here insert number of mills) mills for each one dollar of tax 516
valuation, which amount to .......... (here insert rate expressed 517
in cents or dollars and cents, such as "thirty-six cents" or 518
"$0.36") for each one hundred dollars of valuation to pay the 519
annual debt charges on the bonds and to pay debt charges on any 520
notes issued in anticipation of the bonds?521

       Currently, ..........'s (name of school district) outstanding 522
debt totals .......... (amount of outstanding debt, as defined in 523
section 133.18 of the Revised Code); the debt service is in the 524
amount of .......... (amount of debt service); and the outstanding 525
debt per capita, including debt service, amounts to .......... 526
(per capita obligation).527

       The proposed issuance of bonds will result in an additional 528
debt of .......... (principal amount of the bond issue); estimated 529
debt service in the amount of .......... (estimated debt service); 530
and an estimated per capita burden, including debt service, in the 531
amount of .......... (estimated per capita obligation)."532

       (2) "Shall an additional levy of taxes outside the ten-mill 533
limitation be made for the benefit of the .......... (here insert 534
name of the school district) school district for the purpose of 535
acquiring a site for classroom facilities in the sum of ......... 536
(here insert annual amount the levy is to produce) estimated by 537
the county auditor to average ........ (here insert number of 538
mills) mills for each one hundred dollars of valuation, for a 539
period of ......... (here insert number of years the millage is to 540
be imposed) years?"541

       Where it is necessary to combine the question of issuing 542
bonds of the school district and levying a tax as described in 543
division (B) of this section with the question of issuing bonds of 544
the school district for acquisition of a site, the question 545
specified in that division to be voted on shall be "For the Bond 546
Issues and the Tax Levy" and "Against the Bond Issues and the Tax 547
Levy."548

       Where it is necessary to combine the question of issuing 549
bonds of the school district and levying a tax as described in 550
division (B) of this section with the question of levying a tax 551
for the acquisition of a site, the question specified in that 552
division to be voted on shall be "For the Bond Issue and the Tax 553
Levies" and "Against the Bond Issue and the Tax Levies."554

       Where the school district board chooses to combine the 555
question in division (B) of this section with any of the 556
additional questions described in divisions (A) to (D) of section 557
3318.056 of the Revised Code, the question specified in division 558
(B) of this section to be voted on shall be "For the Bond Issues 559
and the Tax Levies" and "Against the Bond Issues and the Tax 560
Levies."561

       If a majority of those voting upon a proposition hereunder 562
which includes the question of issuing bonds vote in favor 563
thereof, and if the agreement provided for by section 3318.08 of 564
the Revised Code has been entered into, the school district board 565
may proceed under Chapter 133. of the Revised Code, with the 566
issuance of bonds or bond anticipation notes in accordance with 567
the terms of the agreement.568

       Sec. 3318.062.  (A) If authority is sought to issue bonds in 569
more than one series to pay the school district's portion of the 570
basic project cost under sections 3318.01 to 3318.20 of the 571
Revised Code, the form of the ballot shall be:572

       "Shall bonds be issued by the .......... (here insert name of 573
school district) school district to pay the local share of school 574
construction under the State of Ohio Classroom Facilities 575
Assistance Program in the total principal amount of .......... 576
(total principal amount of the bond issue), to be issued in ...... 577
(number of series) series, each series to be repaid annually over 578
not more than ...... (maximum number of years over which the 579
principal of each series may be paid) years, and an annual levy of 580
property taxes be made outside the ten-mill limitation to pay the 581
annual debt charges on the bonds and on any notes issued in 582
anticipation of the bonds, at a rate estimated by the county 583
auditor to average over the repayment period of each series as 584
follows: .......... (insert the following for each series: "the 585
.......... series, in a principal amount of .......... dollars, 586
requiring ...... mills per dollar of tax valuation, which amounts 587
to ...... (rate expressed in cents or dollars and cents, such as 588
"36 cents" or "$1.41") for each one hundred dollars in tax 589
valuation, commencing in .......... and first payable in 590
..........)?591

       Currently, ..........'s (name of school district) outstanding 592
debt totals .......... (amount of outstanding debt, as defined in 593
section 133.18 of the Revised Code); the debt service is in the 594
amount of .......... (amount of debt service); and the outstanding 595
debt per capita, including debt service, amounts to .......... 596
(per capita obligation).597

       The proposed issuance of bonds will result in an additional 598
debt of .......... (principal amount of the bond issue); estimated 599
debt service in the amount of .......... (estimated debt service); 600
and an estimated per capita burden, including debt service, in the 601
amount of .......... (estimated per capita obligation)."602

and, unless the additional levy
603

of taxes is not required pursuant
604

to division (C) of section
605

3318.05 of the Revised Code,
606

       "Shall an additional levy of taxes be made for a period of 607
twenty-three years to benefit the .......... (here insert name of 608
school district) school district, the proceeds of which shall be 609
used to pay the cost of maintaining the classroom facilities 610
included in the project at the rate of .......... (here insert the 611
number of mills, which shall not be less than one-half mill) mills 612
for each one dollar of valuation?613

        614

  For the bond issue 615
  Against the bond issue   " 616

        617

       (B) If it is necessary for the school district to acquire a 618
site for the classroom facilities to be acquired pursuant to 619
sections 3318.01 to 3318.20 of the Revised Code, the district 620
board may propose either to issue bonds of the board or to levy a 621
tax to pay for the acquisition of such site, and may combine the 622
question of doing so with the questions specified in division (A) 623
of this section. Bonds issued under this division for the purpose 624
of acquiring a site are a general obligation of the school 625
district and are Chapter 133. securities.626

       The form of that portion of the ballot to include the 627
question of either issuing bonds or levying a tax for site 628
acquisition purposes shall be one of the forms prescribed in 629
division (D) of section 3318.06 of the Revised Code.630

       (C) Where the school district board chooses to combine the 631
question in division (A) of this section with any of the 632
additional questions described in divisions (A) to (D) of section 633
3318.056 of the Revised Code, the question specified in division 634
(A) of this section to be voted on shall be "For the Bond Issues 635
and the Tax Levies" and "Against the Bond Issues and the Tax 636
Levies."637

       (D) If a majority of those voting upon a proposition 638
prescribed in this section which includes the question of issuing 639
bonds vote in favor of that issuance, and if the agreement 640
prescribed in section 3318.08 of the Revised Code has been entered 641
into, the school district board may proceed under Chapter 133. of 642
the Revised Code with the issuance of bonds or bond anticipation 643
notes in accordance with the terms of the agreement.644

       Sec. 3318.45. (A) Unless division (B) of section 3318.44 of 645
the Revised Code applies, if a joint vocational school district 646
board of education proposes to issue securities to generate all or 647
part of the school district's portion of the basic project cost of 648
the school district's project under sections 3318.40 to 3318.45 of 649
the Revised Code, the school district board shall adopt a 650
resolution in accordance with Chapter 133. and section 3311.20 of 651
the Revised Code. Unless the school district board seeks authority 652
to issue securities in more than one series, the school district 653
board shall adopt the form of the ballot prescribed in section 654
133.18 of the Revised Code.655

       (B) If authority is sought to issue bonds in more than one 656
series, the form of the ballot shall be:657

       "Shall bonds be issued by the .......... (here insert name of 658
joint vocational school district) joint vocational school district 659
to pay the local share of school construction under the State of 660
Ohio Joint Vocational School Facilities Assistance Program in the 661
total principal amount of .......... (total principal amount of 662
the bond issue), to be issued in ...... (number of series) series, 663
each series to be repaid annually over not more than ...... 664
(maximum number of years over which the principal of each series 665
may be paid) years, and an annual levy of property taxes be made 666
outside the ten-mill limitation to pay the annual debt charges on 667
the bonds and on any notes issued in anticipation of the bonds, at 668
a rate estimated by the county auditor to average over the 669
repayment period of each series as follows: .......... [insert the 670
following for each series: "the .......... series, in a principal 671
amount of .......... dollars, requiring ...... mills per dollar of 672
tax valuation, which amount to ...... (rate expressed in cents or 673
dollars and cents, such as "36 cents" or "$1.41") for each one 674
hundred dollars in tax valuation, commencing in .......... and 675
first payable in .........."]?676

       Currently, ..........'s (name of joint vocational school 677
district) outstanding debt totals .......... (amount of 678
outstanding debt, as defined in section 133.18 of the Revised 679
Code); the debt service is in the amount of .......... (amount of 680
debt service); and the outstanding debt per capita, including debt 681
service, amounts to .......... (per capita obligation).682

       The proposed issuance of bonds will result in an additional 683
debt of .......... (principal amount of the bond issue); estimated 684
debt service in the amount of .......... (estimated debt service); 685
and an estimated per capita burden, including debt service, in the 686
amount of .......... (estimated per capita obligation).687

         688

    For the bond issue 689
    Against the bond issue     " 690

         691

       (C) If it is necessary for the school district to acquire a 692
site for the classroom facilities to be acquired pursuant to 693
sections 3318.40 to 3318.45 of the Revised Code, the district 694
board may propose either to issue bonds of the board or to levy a 695
tax to pay for the acquisition of such site and may combine the 696
question of doing so with the question specified by reference in 697
division (A) of this section or the question specified in division 698
(B) of this section. Bonds issued under this division for the 699
purpose of acquiring a site are a general obligation of the school 700
district and are Chapter 133. securities.701

       The form of that portion of the ballot to include the 702
question of either issuing bonds or levying a tax for site 703
acquisition purposes shall be one of the following:704

       (1) "Shall bonds be issued by the ............ (here insert 705
name of the joint vocational school district) joint vocational 706
school district to pay costs of acquiring a site for classroom 707
facilities under the State of Ohio Joint Vocational School 708
Facilities Assistance Program in the principal amount of 709
.......... (here insert principal amount of the bond issue), to be 710
repaid annually over a maximum period of .......... (here insert 711
maximum number of years over which the principal of the bonds may 712
be paid) years, and an annual levy of property taxes be made 713
outside the ten-mill limitation, estimated by the county auditor 714
to average over the repayment period of the bond issue .......... 715
(here insert number of mills) mills for each one dollar of tax 716
valuation, which amount to .......... (here insert rate expressed 717
in cents or dollars and cents, such as "thirty-six cents" or 718
"$0.36") for each one hundred dollars of valuation to pay the 719
annual debt charges on the bonds and to pay debt charges on any 720
notes issued in anticipation of the bonds?721

       Currently, ..........'s (name of joint vocational school 722
district) outstanding debt totals .......... (amount of 723
outstanding debt, as defined in section 133.18 of the Revised 724
Code); the debt service is in the amount of .......... (amount of 725
debt service); and the outstanding debt per capita, including debt 726
service, amounts to .......... (per capita obligation).727

       The proposed issuance of bonds will result in an additional 728
debt of .......... (principal amount of the bond issue); estimated 729
debt service in the amount of .......... (estimated debt service); 730
and an estimated per capita burden, including debt service, in the 731
amount of .......... (estimated per capita obligation)."732

       (2) "Shall an additional levy of taxes outside the ten-mill 733
limitation be made for the benefit of the .......... (here insert 734
name of the joint vocational school district) joint vocational 735
school district for the purpose of acquiring a site for classroom 736
facilities in the sum of ......... (here insert annual amount the 737
levy is to produce) estimated by the county auditor to average 738
........ (here insert number of mills) mills for each one hundred 739
dollars of valuation, which amount to ......... (here insert rate 740
expressed in cents or dollars and cents, such as "thirty-six 741
cents" or "$0.36") for each one hundred dollars of valuation, for 742
a period of ......... (here insert number of years the millage is 743
to be imposed) years?"744

       Where it is necessary to combine the question of issuing 745
bonds of the joint vocational school district as described in 746
division (A) of this section with the question of issuing bonds of 747
the school district for acquisition of a site, the question 748
specified in that division to be voted on shall be "For the bond 749
issues" and "Against the bond issues."750

       Where it is necessary to combine the question of issuing 751
bonds of the joint vocational school district as described in 752
division (A) of this section with the question of levying a tax 753
for the acquisition of a site, the question specified in that 754
division to be voted on shall be "For the bond issue and the tax 755
levy" and "Against the bond issue and the tax levy."756

       (D) Where the school district board chooses to combine a 757
question specified in this section with any of the additional 758
questions described in division (C) of section 3318.44 of the 759
Revised Code, the question to be voted on shall be "For the bond 760
issues and the tax levies" and "Against the bond issues and the 761
tax levies."762

       (E) If a majority of those voting upon a proposition 763
prescribed in this section which includes the question of issuing 764
bonds vote in favor of that issuance and if the agreement 765
prescribed in section 3318.08 of the Revised Code has been entered 766
into, the school district board may proceed under Chapter 133. of 767
the Revised Code with the issuance of bonds or bond anticipation 768
notes in accordance with the terms of the agreement.769

       Sec. 3505.062.  The Ohio ballot board shall do all of the 770
following:771

       (A) Examine, within ten days after its receipt, each written 772
initiative petition received from the attorney general under 773
section 3519.01 of the Revised Code to determine whether it 774
contains only one proposed law or constitutional amendment so as 775
to enable the voters to vote on a proposal separately. If the 776
board so determines, it shall certify its approval to the attorney 777
general, who then shall file with the secretary of state in 778
accordance with division (A) of section 3519.01 of the Revised 779
Code a verified copy of the proposed law or constitutional 780
amendment together with its summary and the attorney general's 781
certification of it.782

       If the board determines that the initiative petition contains 783
more than one proposed law or constitutional amendment, the board 784
shall divide the initiative petition into individual petitions 785
containing only one proposed law or constitutional amendment so as 786
to enable the voters to vote on each proposal separately and 787
certify its approval to the attorney general. If the board so 788
divides an initiative petition and so certifies its approval to 789
the attorney general, the petitioners shall resubmit to the 790
attorney general appropriate summaries for each of the individual 791
petitions arising from the board's division of the initiative 792
petition, and the attorney general then shall review the 793
resubmissions as provided in division (A) of section 3519.01 of 794
the Revised Code.795

       (B) Prescribe(1) Subject to division (B)(2) of this section, 796
prescribe the ballot language for proposed constitutional 797
amendments proposed by the general assembly to be printed on the 798
questions and issues ballot, which language shall properly 799
identify the substance of the proposal to be voted upon;800

       (2) The ballot language for a proposed constitutional 801
amendment authorizing the issuance of state bonds shall include 802
the following language:803

       "Currently, the State of Ohio's outstanding debt totals 804
.......... (amount of outstanding debt); the debt service is in 805
the amount of .......... (amount of debt service); and the 806
outstanding debt per capita, including debt service, amounts to 807
.......... (per capita obligation).808

       The proposed authorization to issue bonds will result in a 809
maximum additional debt of .......... (principal amount of the 810
authorized bond issue); estimated maximum debt service in the 811
amount of .......... (estimated maximum debt service); and an 812
estimated maximum per capita burden, including debt service, in 813
the amount of .......... (estimated maximum per capita 814
obligation)."815

       (C) Prepare(1) Subject to division (C)(2) of this section, 816
prepare an explanation of each constitutional amendment proposed 817
by the general assembly, which explanation may include the purpose 818
and effects of the proposed amendment;819

       (2) The explanation for a proposed constitutional amendment 820
authorizing the issuance of state bonds shall include all of the 821
following information, which the director of budget and management 822
shall certify to the board not later than eighty days before the 823
election at which the proposed constitutional amendment is to be 824
submitted to the voters:825

       (a) The amount of the bonds authorized to be issued and the 826
approximate date of issuance;827

       (b) The estimated net average rate of interest and the 828
estimated total maximum amount of debt service;829

       (c) The estimated maximum per capita obligation resulting 830
from the bonds, including debt service;831

       (d) The maximum number of years over which the principal of 832
the bonds may be paid;833

       (e) The amount of the state's outstanding debt, as defined in 834
division (C)(3) of this section; the service on that debt; and the 835
per capita obligation resulting from that debt, including debt 836
service.837

       The director of budget and management shall use the most 838
recently available population totals from the United States census 839
bureau in calculating the per capita obligation under this 840
section.841

       (3) As used in this section, "outstanding debt" means the 842
total obligation of the state, including general obligation bonds, 843
revenue bonds, and all other securities.844

       (D) Certify the ballot language and explanation, if any, to 845
the secretary of state no later than seventy-five days before the 846
election at which the proposed question or issue is to be 847
submitted to the voters;848

       (E) Prepare, or designate a group of persons to prepare, 849
arguments in support of or in opposition to a constitutional 850
amendment proposed by a resolution of the general assembly, a 851
constitutional amendment or state law proposed by initiative 852
petition, or a state law, or section or item of state law, subject 853
to a referendum petition, if the persons otherwise responsible for 854
the preparation of those arguments fail to timely prepare and file 855
them;856

       (F) Direct the means by which the secretary of state shall 857
disseminate information concerning proposed constitutional 858
amendments, proposed laws, and referenda to the voters;859

       (G) Direct the secretary of state to contract for the 860
publication in a newspaper of general circulation in each county 861
in the state of the ballot language, explanations, and arguments 862
regarding each of the following:863

        (1) A constitutional amendment or law proposed by initiative 864
petition under Section 1g of Article II of the Ohio Constitution;865

        (2) A law, section, or item of law submitted to the electors 866
by referendum petition under Section 1g of Article II of the Ohio 867
Constitution;868

        (3) A constitutional amendment submitted to the electors by 869
the general assembly under Section 1 of Article XVI of the Ohio 870
Constitution.871

       (H)(1) Direct the secretary of state to post the ballot 872
language, explanations, and arguments for a proposed 873
constitutional amendment authorizing the issuance of state bonds 874
on the secretary of state's official web site for forty-five days 875
prior to the election at which the proposed constitutional 876
amendment is to be submitted to the voters.877

       (2) Direct each board of elections to post the ballot 878
language, explanations, and arguments for a proposed 879
constitutional amendment authorizing the issuance of state bonds 880
on the official web site of the board of elections, or if the 881
board of elections does not maintain a web site, on the state 882
public notice web site established under section 125.182 of the 883
Revised Code, for forty-five days prior to the election at which 884
the proposed constitutional amendment is to be submitted to the 885
voters.886

       Sec. 3519.03. (A) The committee named in a initiative 887
petition may prepare the argument or explanation, or both, in 888
favor of the measure proposed, and the committee named in a 889
referendum petition may prepare the argument or explanation, or 890
both, against any law or section or item of law. The persons who 891
prepare the argument or explanation, or both, in opposition to the 892
initiated proposal, or the argument or explanation, or both, in 893
favor of the measure to be referred shall be named by the general 894
assembly, if it is in session, or by the governor, if the general 895
assembly is not in session. Such argument or explanation, or both, 896
shall not exceed three hundred words and shall be filed with the897
secretary of stateOhio ballot board at least eighty days prior to 898
the date of the election at which the measure is to be voted upon.899

       (B)(1) If the committee named in an initiative petition, the 900
committee named in a referendum petition, or other persons 901
designated under division (A) of this section fail to prepare and 902
file their arguments or explanations by the eightieth day before 903
the date of the election, the secretary of state shall notify the904
Ohio ballot board that those arguments or explanations have not 905
been so prepared and filed. The board then shall prepare the 906
missing arguments or explanations or designate a group of persons 907
to prepare those arguments or explanations. All arguments or 908
explanations prepared under this division shall be filed with the 909
secretary of state no later than seventy-five days before the date 910
of the election. No argument or explanation shall exceed three 911
hundred words, not including the information required to be 912
included under divisions (C)(2)(a) to (e) of section 3505.062 of 913
the Revised Code.914

       (2) If the Ohio ballot board fails to provide for the 915
preparation of missing arguments or explanations under division 916
(B)(1) of this section after being notified by the secretary of 917
state that one or more arguments or explanations have not been 918
timely prepared and filed, the positions of the four appointed 919
members of the board shall be considered vacant, and new members 920
shall be appointed in the manner provided for original 921
appointments.922

       (C) After the Ohio ballot board receives or prepares an 923
explanation under this section, the board shall append to the 924
explanation the information required to be included under division 925
(C)(2) of section 3505.062 of the Revised Code, if that 926
requirement applies to the measure.927

       Sec. 5705.218.  (A) The board of education of a city, local, 928
or exempted village school district, at any time by a vote of 929
two-thirds of all its members, may declare by resolution that it 930
may be necessary for the school district to issue general 931
obligation bonds for permanent improvements. The resolution shall 932
state all of the following:933

       (1) The necessity and purpose of the bond issue;934

       (2) The date of the special election at which the question 935
shall be submitted to the electors;936

       (3) The amount, approximate date, estimated rate of interest, 937
and maximum number of years over which the principal of the bonds 938
may be paid;939

       (4) The necessity of levying a tax outside the ten-mill 940
limitation to pay debt charges on the bonds and any anticipatory 941
securitiesconform to the requirements of section 133.18 of the 942
Revised Code.943

       On adoption of the resolution, the board shall certify a copy 944
of it to the county auditor. The county auditor promptly shall 945
estimate and certify to the board the average annual property tax 946
rate required throughout the stated maturity of the bonds to pay 947
debt charges on the bonds, in the same manner as under division 948
(C) of section 133.18 of the Revised Code.949

       (B) After receiving the county auditor's certification under 950
division (A) of this section, the board of education of the city, 951
local, or exempted village school district, by a vote of 952
two-thirds of all its members, may declare by resolution that the 953
amount of taxes that can be raised within the ten-mill limitation 954
will be insufficient to provide an adequate amount for the present 955
and future requirements of the school district; that it is 956
necessary to issue general obligation bonds of the school district 957
for permanent improvements and to levy an additional tax in excess 958
of the ten-mill limitation to pay debt charges on the bonds and 959
any anticipatory securities; that it is necessary for a specified 960
number of years or for a continuing period of time to levy 961
additional taxes in excess of the ten-mill limitation to provide 962
funds for the acquisition, construction, enlargement, renovation, 963
and financing of permanent improvements or to pay for current 964
operating expenses, or both; and that the question of the bonds 965
and taxes shall be submitted to the electors of the school 966
district at a special election, which shall not be earlier than 967
ninety days after certification of the resolution to the board of 968
elections, and the date of which shall be consistent with section 969
3501.01 of the Revised Code. The resolution shall specify all of 970
the following:971

       (1) The county auditor's estimate of the average annual 972
property tax rate required throughout the stated maturity of the 973
bonds to pay debt charges on the bonds;974

       (2) The proposed rate of the tax, if any, for current 975
operating expenses, the first year the tax will be levied, and the 976
number of years it will be levied, or that it will be levied for a 977
continuing period of time;978

       (3) The proposed rate of the tax, if any, for permanent 979
improvements, the first year the tax will be levied, and the 980
number of years it will be levied, or that it will be levied for a 981
continuing period of time.982

       The resolution shall apportion the annual rate of the tax 983
between current operating expenses and permanent improvements, if 984
both taxes are proposed. The apportionment may but need not be the 985
same for each year of the tax, but the respective portions of the 986
rate actually levied each year for current operating expenses and 987
permanent improvements shall be limited by the apportionment. The 988
resolution shall go into immediate effect upon its passage, and no 989
publication of it is necessary other than that provided in the 990
notice of election. The board of education shall certify a copy of 991
the resolution, along with copies of the auditor's estimate and 992
its resolution under division (A) of this section, to the board of 993
elections immediately after its adoption.994

       (C) The board of elections shall make the arrangements for 995
the submission to the electors of the school district of the 996
question proposed under division (B) or (J) of this section, and 997
the election shall be conducted, canvassed, and certified in the 998
same manner as regular elections in the district for the election 999
of county officers. The resolution shall be put before the 1000
electors as one ballot question, with a favorable vote indicating 1001
approval of the bond issue, the levy to pay debt charges on the 1002
bonds and any anticipatory securities, the current operating 1003
expenses levy, the permanent improvements levy, and the levy for 1004
the current expenses of a municipal school district and of 1005
partnering community schools, as those levies may be proposed. The 1006
board of elections shall publish notice of the election in a 1007
newspaper of general circulation in the school district once a 1008
week for two consecutive weeks, or as provided in section 7.16 of 1009
the Revised Code, prior to the election. If aThe board of 1010
elections operates and maintains a web site, that board also 1011
shall post notice of the election on its web site, or if the board 1012
does not maintain a web site, on the state public notice web site 1013
established under section 125.182 of the Revised Code, for thirty1014
forty-five days prior to the election. The notice of election 1015
shall state all of the following:1016

       (1) The principal amount of the proposed bond issue;1017

       (2) The permanent improvements for which the bonds are to be 1018
issued;1019

       (3) The estimated total amount of debt service;1020

       (4) The estimated per capita obligation resulting from the 1021
bonds, including debt service;1022

       (5) The maximum number of years over which the principal of 1023
the bonds may be paid;1024

       (4)(6) The estimated additional average annual property tax 1025
rate to pay the debt charges on the bonds, as certified by the 1026
county auditor;1027

       (5)(7) The amount of the school district's outstanding debt, 1028
as defined in section 133.18 of the Revised Code; the service on 1029
that debt; and the per capita obligation resulting from that debt, 1030
including debt service, as of the school district's most recent 1031
annual financial report;1032

       (8) The proposed rate of the additional tax, if any, for 1033
current operating expenses and, if the question is proposed under 1034
division (J) of this section, the portion of the rate to be 1035
allocated to the school district and the portion to be allocated 1036
to partnering community schools;1037

       (6)(9) The number of years the current operating expenses tax 1038
will be in effect, or that it will be in effect for a continuing 1039
period of time;1040

       (7)(10) The proposed rate of the additional tax, if any, for 1041
permanent improvements;1042

       (8)(11) The number of years the permanent improvements tax 1043
will be in effect, or that it will be in effect for a continuing 1044
period of time;1045

       (9)(12) The time and place of the special election.1046

       (D) The form of the ballot for an election under this section 1047
is as follows:1048

       "Shall the .......... school district be authorized to do the 1049
following:1050

       (1) Issue bonds for the purpose of .......... in the 1051
principal amount of $......, to be repaid annually over a maximum 1052
period of ...... years, and levy a property tax outside the 1053
ten-mill limitation, estimated by the county auditor to average 1054
over the bond repayment period ...... mills for each one dollar of 1055
tax valuation, which amounts to ...... (rate expressed in cents or 1056
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 1057
tax valuation, to pay the annual debt charges on the bonds, and to 1058
pay debt charges on any notes issued in anticipation of those 1059
bonds?1060

       Currently, ..........'s (name of school district) outstanding 1061
debt totals .......... (amount of outstanding debt, as defined in 1062
section 133.18 of the Revised Code); the debt service is in the 1063
amount of .......... (amount of debt service); and the outstanding 1064
debt per capita, including debt service, amounts to .......... 1065
(per capita obligation).1066

       The proposed issuance of bonds will result in an additional 1067
debt of .......... (principal amount of the bond issue); estimated 1068
debt service in the amount of .......... (estimated debt service); 1069
and an estimated per capita burden, including debt service, in the 1070
amount of .......... (estimated per capita obligation)."1071

       If either a levy for permanent improvements or a levy for 1072
current operating expenses is proposed, or both are proposed, the 1073
ballot also shall contain the following language, as appropriate:1074

       "(2) Levy an additional property tax to provide funds for the 1075
acquisition, construction, enlargement, renovation, and financing 1076
of permanent improvements at a rate not exceeding ....... mills 1077
for each one dollar of tax valuation, which amounts to ....... 1078
(rate expressed in cents or dollars and cents) for each $100 of 1079
tax valuation, for ...... (number of years of the levy, or a 1080
continuing period of time)?1081

       (3) Levy an additional property tax to pay current operating 1082
expenses at a rate not exceeding ....... mills for each one dollar 1083
of tax valuation, which amounts to ....... (rate expressed in 1084
cents or dollars and cents) for each $100 of tax valuation, for 1085
....... (number of years of the levy, or a continuing period of 1086
time)?1087

        1088

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 1089
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 1090

        1091

       If the question is proposed under division (J) of this 1092
section, the form of the ballot shall be modified as prescribed by 1093
division (J)(4) of this section.1094

       (E) The board of elections promptly shall certify the results 1095
of the election to the tax commissioner and the county auditor of 1096
the county in which the school district is located. If a majority 1097
of the electors voting on the question vote for it, the board of 1098
education may proceed with issuance of the bonds and with the levy 1099
and collection of the property tax or taxes at the additional rate 1100
or any lesser rate in excess of the ten-mill limitation. Any 1101
securities issued by the board of education under this section are 1102
Chapter 133. securities, as that term is defined in section 133.01 1103
of the Revised Code.1104

       (F)(1) After the approval of a tax for current operating 1105
expenses under this section and prior to the time the first 1106
collection and distribution from the levy can be made, the board 1107
of education may anticipate a fraction of the proceeds of such 1108
levy and issue anticipation notes in a principal amount not 1109
exceeding fifty per cent of the total estimated proceeds of the 1110
tax to be collected during the first year of the levy.1111

       (2) After the approval of a tax under this section for 1112
permanent improvements having a specific purpose, the board of 1113
education may anticipate a fraction of the proceeds of such tax 1114
and issue anticipation notes in a principal amount not exceeding 1115
fifty per cent of the total estimated proceeds of the tax 1116
remaining to be collected in each year over a period of five years 1117
after issuance of the notes.1118

       (3) After the approval of a tax for general, on-going 1119
permanent improvements under this section, the board of education 1120
may anticipate a fraction of the proceeds of such tax and issue 1121
anticipation notes in a principal amount not exceeding fifty per 1122
cent of the total estimated proceeds of the tax to be collected in 1123
each year over a specified period of years, not exceeding ten, 1124
after issuance of the notes.1125

       Anticipation notes under this section shall be issued as 1126
provided in section 133.24 of the Revised Code. Notes issued under 1127
division (F)(1) or (2) of this section shall have principal 1128
payments during each year after the year of their issuance over a 1129
period not to exceed five years, and may have a principal payment 1130
in the year of their issuance. Notes issued under division (F)(3) 1131
of this section shall have principal payments during each year 1132
after the year of their issuance over a period not to exceed ten 1133
years, and may have a principal payment in the year of their 1134
issuance.1135

       (G) A tax for current operating expenses or for permanent 1136
improvements levied under this section for a specified number of 1137
years may be renewed or replaced in the same manner as a tax for 1138
current operating expenses or for permanent improvements levied 1139
under section 5705.21 of the Revised Code. A tax for current 1140
operating expenses or for permanent improvements levied under this 1141
section for a continuing period of time may be decreased in 1142
accordance with section 5705.261 of the Revised Code.1143

       (H) The submission of a question to the electors under this 1144
section is subject to the limitation on the number of elections 1145
that can be held in a year under section 5705.214 of the Revised 1146
Code.1147

       (I) A school district board of education proposing a ballot 1148
measure under this section to generate local resources for a 1149
project under the school building assistance expedited local 1150
partnership program under section 3318.36 of the Revised Code may 1151
combine the questions under division (D) of this section with a 1152
question for the levy of a property tax to generate moneys for 1153
maintenance of the classroom facilities acquired under that 1154
project as prescribed in section 3318.361 of the Revised Code.1155

       (J)(1) After receiving the county auditor's certification 1156
under division (A) of this section, the board of education of a 1157
municipal school district, by a vote of two-thirds of all its 1158
members, may declare by resolution that it is necessary to levy a 1159
tax in excess of the ten-mill limitation for the purpose of paying 1160
the current expenses of the school district and of partnering 1161
community schools, as defined in section 5705.21 of the Revised 1162
Code; that it is necessary to issue general obligation bonds of 1163
the school district for permanent improvements of the district and 1164
to levy an additional tax in excess of the ten-mill limitation to 1165
pay debt charges on the bonds and any anticipatory securities; and 1166
that the question of the bonds and taxes shall be submitted to the 1167
electors of the school district at a special election, which shall 1168
not be earlier than ninety days after certification of the 1169
resolution to the board of elections, and the date of which shall 1170
be consistent with section 3505.01 of the Revised Code.1171

       The levy of taxes for the current expenses of a partnering 1172
community school under division (J) of this section and the 1173
distribution of proceeds from the tax by a municipal school 1174
district to partnering community schools is hereby determined to 1175
be a proper public purpose.1176

        (2) The tax for the current expenses of the school district 1177
and of partnering community schools is subject to the requirements 1178
of divisions (B)(3), (4), and (5) of section 5705.21 of the 1179
Revised Code.1180

        (3) In addition to the required specifications of the 1181
resolution under division (B) of this section, the resolution 1182
shall express the rate of the tax in mills per dollar of taxable 1183
value, state the number of the mills to be levied for the current 1184
expenses of the partnering community schools and the number of the 1185
mills to be levied for the current expenses of the school 1186
district, specify the number of years (not exceeding ten) the tax 1187
will be levied or that it will be levied for a continuing period 1188
of time, and state the first year the tax will be levied.1189

       The resolution shall go into immediate effect upon its 1190
passage, and no publication of it is necessary other than that 1191
provided in the notice of election. The board of education shall 1192
certify a copy of the resolution, along with copies of the 1193
auditor's estimate and its resolution under division (A) of this 1194
section, to the board of elections immediately after its adoption.1195

        (4) The form of the ballot shall be modified by replacing the 1196
ballot form set forth in division (D)(3) of this section with the 1197
following:1198

        "Levy an additional property tax for the purpose of the 1199
current expenses of the school district and of partnering 1200
community schools at a rate not exceeding ...... (insert the 1201
number of mills) mills for each one dollar of valuation (of which 1202
...... (insert the number of mills to be allocated to partnering 1203
community schools) mills is to be allocated to partnering 1204
community schools), which amounts to ...... (insert the rate 1205
expressed in dollars and cents) for each one hundred dollars of 1206
valuation, for ...... (insert the number of years the levy is to 1207
be imposed, or that it will be levied for a continuing period of 1208
time)?1209

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 1210
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 1211

        (5) After the approval of a tax for the current expenses of 1212
the school district and of partnering community schools under 1213
division (J) of this section, and prior to the time the first 1214
collection and distribution from the levy can be made, the board 1215
of education may anticipate a fraction of the proceeds of the levy 1216
for the current expenses of the school district and issue 1217
anticipation notes in a principal amount not exceeding fifty per 1218
cent of the estimated proceeds of the levy to be collected during 1219
the first year of the levy and allocated to the school district. 1220
The portion of levy proceeds to be allocated to partnering 1221
community schools shall not be included in the estimated proceeds 1222
anticipated under this division and shall not be used to pay debt 1223
charges on any anticipation notes.1224

        The notes shall be issued as provided in section 133.24 of 1225
the Revised Code, shall have principal payments during each year 1226
after the year of their issuance over a period not to exceed five 1227
years, and may have a principal payment in the year of their 1228
issuance.1229

        (6) A tax for the current expenses of the school district and 1230
of partnering community schools levied under division (J) of this 1231
section for a specified number of years may be renewed or replaced 1232
in the same manner as a tax for the current expenses of a school 1233
district and of partnering community schools levied under division 1234
(B) of section 5705.21 of the Revised Code. A tax for the current 1235
expenses of the school district and of partnering community 1236
schools levied under this division for a continuing period of time 1237
may be decreased in accordance with section 5705.261 of the 1238
Revised Code.1239

        (7) The proceeds from the issuance of the general obligation 1240
bonds under division (J) of this section shall be used solely to 1241
pay for permanent improvements of the school district and not for 1242
permanent improvements of partnering community schools.1243

       Sec. 5748.08.  (A) The board of education of a city, local, 1244
or exempted village school district, at any time by a vote of 1245
two-thirds of all its members, may declare by resolution that it 1246
may be necessary for the school district to do all of the 1247
following:1248

       (1) Raise a specified amount of money for school district 1249
purposes by levying an annual tax on school district income;1250

       (2) Issue general obligation bonds for permanent 1251
improvements, stating in the resolution the necessity and purpose 1252
of the bond issue and the amount, approximate date, estimated rate 1253
of interest, and maximum number of years over which the principal 1254
of the bonds may be paidinformation required under division 1255
(B)(3) of section 133.18 of the Revised Code;1256

       (3) Levy a tax outside the ten-mill limitation to pay debt 1257
charges on the bonds and any anticipatory securities;1258

       (4) Submit the question of the school district income tax and 1259
bond issue to the electors of the district at a special election.1260

       The resolution shall specify whether the income that is to be 1261
subject to the tax is taxable income of individuals and estates as 1262
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the 1263
Revised Code or taxable income of individuals as defined in 1264
division (E)(1)(b) of that section.1265

       On adoption of the resolution, the board shall certify a copy 1266
of it to the tax commissioner and the county auditor no later than 1267
one hundred five days prior to the date of the special election at 1268
which the board intends to propose the income tax and bond issue. 1269
Not later than ten days of receipt of the resolution, the tax 1270
commissioner, in the same manner as required by division (A) of 1271
section 5748.02 of the Revised Code, shall estimate the rates 1272
designated in divisions (A)(1) and (2) of that section and certify 1273
them to the board. Not later than ten days of receipt of the 1274
resolution, the county auditor shall estimate and certify to the 1275
board the average annual property tax rate required throughout the 1276
stated maturity of the bonds to pay debt charges on the bonds, in 1277
the same manner as under division (C) of section 133.18 of the 1278
Revised Code.1279

       (B) On receipt of the tax commissioner's and county auditor's 1280
certifications prepared under division (A) of this section, the 1281
board of education of the city, local, or exempted village school 1282
district, by a vote of two-thirds of all its members, may adopt a 1283
resolution proposing for a specified number of years or for a 1284
continuing period of time the levy of an annual tax for school 1285
district purposes on school district income and declaring that the 1286
amount of taxes that can be raised within the ten-mill limitation 1287
will be insufficient to provide an adequate amount for the present 1288
and future requirements of the school district; that it is 1289
necessary to issue general obligation bonds of the school district 1290
for specified permanent improvements and to levy an additional tax 1291
in excess of the ten-mill limitation to pay the debt charges on 1292
the bonds and any anticipatory securities; and that the question 1293
of the bonds and taxes shall be submitted to the electors of the 1294
school district at a special election, which shall not be earlier 1295
than ninety days after certification of the resolution to the 1296
board of elections, and the date of which shall be consistent with 1297
section 3501.01 of the Revised Code. The resolution shall specify 1298
all of the following:1299

       (1) The purpose for which the school district income tax is 1300
to be imposed and the rate of the tax, which shall be the rate set 1301
forth in the tax commissioner's certification rounded to the 1302
nearest one-fourth of one per cent;1303

       (2) Whether the income that is to be subject to the tax is 1304
taxable income of individuals and estates as defined in divisions 1305
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 1306
taxable income of individuals as defined in division (E)(1)(b) of 1307
that section. The specification shall be the same as the 1308
specification in the resolution adopted and certified under 1309
division (A) of this section.1310

       (3) The number of years the tax will be levied, or that it 1311
will be levied for a continuing period of time;1312

       (4) The date on which the tax shall take effect, which shall 1313
be the first day of January of any year following the year in 1314
which the question is submitted;1315

       (5) The county auditor's estimate of the average annual 1316
property tax rate required throughout the stated maturity of the 1317
bonds to pay debt charges on the bonds.1318

       (C) A resolution adopted under division (B) of this section 1319
shall go into immediate effect upon its passage, and no 1320
publication of the resolution shall be necessary other than that 1321
provided for in the notice of election. Immediately after its 1322
adoption and at least ninety days prior to the election at which 1323
the question will appear on the ballot, the board of education 1324
shall certify a copy of the resolution, along with copies of the 1325
auditor's estimate and its resolution under division (A) of this 1326
section, to the board of elections of the proper county. The board 1327
of education shall make the arrangements for the submission of the 1328
question to the electors of the school district, and the election 1329
shall be conducted, canvassed, and certified in the same manner as 1330
regular elections in the district for the election of county 1331
officers.1332

       The resolution shall be put before the electors as one ballot 1333
question, with a majority vote indicating approval of the school 1334
district income tax, the bond issue, and the levy to pay debt 1335
charges on the bonds and any anticipatory securities. The board of 1336
elections shall publish the notice of the election in a newspaper 1337
of general circulation in the school district once a week for two 1338
consecutive weeks, or as provided in section 7.16 of the Revised 1339
Code, prior to the election. If theThe board of elections 1340
operates and maintains a web site, it also shall post notice of 1341
the election on its web site, or if the board does not maintain a 1342
web site, on the state public notice web site established under 1343
section 125.182 of the Revised Code, for thirtyforty-five days 1344
prior to the election. The notice of election shall state all of 1345
the following:1346

       (1) The questions to be submitted to the electors;1347

       (2) The rate of the school district income tax;1348

       (3) The principal amount of the proposed bond issue;1349

       (4) The permanent improvements for which the bonds are to be 1350
issued;1351

       (5) The estimated total amount of debt service;1352

       (6) The estimated per capita obligation resulting from the 1353
bonds, including debt service;1354

       (7) The maximum number of years over which the principal of 1355
the bonds may be paid;1356

       (6)(8) The estimated additional average annual property tax 1357
rate to pay the debt charges on the bonds, as certified by the 1358
county auditor;1359

       (7)(9) The amount of the school district's outstanding debt, 1360
as defined in section 133.18 of the Revised Code; the service on 1361
that debt; and the per capita obligation resulting from that debt, 1362
including debt service, as of the school district's most recent 1363
annual financial report;1364

       (10) The time and place of the special election.1365

       (D) The form of the ballot on a question submitted to the 1366
electors under this section shall be as follows:1367

       "Shall the ........ school district be authorized to do both 1368
of the following:1369

       (1) Impose an annual income tax of ...... (state the proposed 1370
rate of tax) on the school district income of individuals and of 1371
estates, for ........ (state the number of years the tax would be 1372
levied, or that it would be levied for a continuing period of 1373
time), beginning ........ (state the date the tax would first take 1374
effect), for the purpose of ........ (state the purpose of the 1375
tax)?1376

       (2) Issue bonds for the purpose of ....... in the principal 1377
amount of $......, to be repaid annually over a maximum period of 1378
....... years, and levy a property tax outside the ten-mill 1379
limitation estimated by the county auditor to average over the 1380
bond repayment period ....... mills for each one dollar of tax 1381
valuation, which amounts to ....... (rate expressed in cents or 1382
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 1383
tax valuation, to pay the annual debt charges on the bonds, and to 1384
pay debt charges on any notes issued in anticipation of those 1385
bonds?1386

       Currently, ..........'s (name of school district) outstanding 1387
debt totals .......... (amount of outstanding debt, as defined in 1388
section 133.18 of the Revised Code); the debt service is in the 1389
amount of .......... (amount of debt service); and the outstanding 1390
debt per capita, including debt service, amounts to .......... 1391
(per capita obligation).1392

       The proposed issuance of bonds will result in an additional 1393
debt of .......... (principal amount of the bond issue); estimated 1394
debt service in the amount of .......... (estimated debt service); 1395
and an estimated per capita burden, including debt service, in the 1396
amount of .......... (estimated per capita obligation).1397

        1398

 FOR THE INCOME TAX AND BOND ISSUE 1399
 AGAINST THE INCOME TAX AND BOND ISSUE  " 1400

        1401

       (E) If the question submitted to electors proposes a school 1402
district income tax only on the taxable income of individuals as 1403
defined in division (E)(1)(b) of section 5748.01 of the Revised 1404
Code, the form of the ballot shall be modified by stating that the 1405
tax is to be levied on the "earned income of individuals residing 1406
in the school district" in lieu of the "school district income of 1407
individuals and of estates."1408

       (F) The board of elections promptly shall certify the results 1409
of the election to the tax commissioner and the county auditor of 1410
the county in which the school district is located. If a majority 1411
of the electors voting on the question vote in favor of it, the 1412
income tax and the applicable provisions of Chapter 5747. of the 1413
Revised Code shall take effect on the date specified in the 1414
resolution, and the board of education may proceed with issuance 1415
of the bonds and with the levy and collection of the property 1416
taxes to pay debt charges on the bonds, at the additional rate or 1417
any lesser rate in excess of the ten-mill limitation. Any 1418
securities issued by the board of education under this section are 1419
Chapter 133. securities, as that term is defined in section 133.01 1420
of the Revised Code.1421

       (G) After approval of a question under this section, the 1422
board of education may anticipate a fraction of the proceeds of 1423
the school district income tax in accordance with section 5748.05 1424
of the Revised Code. Any anticipation notes under this division 1425
shall be issued as provided in section 133.24 of the Revised Code, 1426
shall have principal payments during each year after the year of 1427
their issuance over a period not to exceed five years, and may 1428
have a principal payment in the year of their issuance.1429

       (H) The question of repeal of a school district income tax 1430
levied for more than five years may be initiated and submitted in 1431
accordance with section 5748.04 of the Revised Code.1432

       (I) No board of education shall submit a question under this 1433
section to the electors of the school district more than twice in 1434
any calendar year. If a board submits the question twice in any 1435
calendar year, one of the elections on the question shall be held 1436
on the date of the general election.1437

       Section 2. That existing sections 133.18, 1711.18, 1711.30, 1438
3318.06, 3318.062, 3318.45, 3505.062, 3519.03, 5705.218, and 1439
5748.08 of the Revised Code are hereby repealed.1440

       Section 3.  Section 133.18 of the Revised Code is presented 1441
in this act as a composite of the section as amended by Am. Sub. 1442
H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 153 of the 1443
129th General Assembly. The General Assembly, applying the 1444
principle stated in division (B) of section 1.52 of the Revised 1445
Code that amendments are to be harmonized if reasonably capable of 1446
simultaneous operation, finds that the composite is the resulting 1447
version of the section in effect prior to the effective date of 1448
the section as presented in this act.1449