S. J. R. No. 2 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. J. R. No. 2

Senator Sawyer

Cosponsors: Senators Brown, Schiavoni, Turner, Cafaro, Tavares, Kearney, Gentile

A JOINT RESOLUTION

Proposing to amend Section 2a of Article XII, and to 1
enact Sections 7 and 8 of Article VI and Section 8 2
of Article XII of the Constitution of the State of 3
Ohio to require and fund a high quality education 4
for each student enrolled in a public school. 5

       Be it resolved by the General Assembly of the State of Ohio, 6
three-fifths of the members elected to each house concurring 7
herein, that there shall be submitted to the electors of the 8
state, in the manner prescribed by law at the general election to 9
be held on November 5, 2013, a proposal to amend Section 2a of 10
Article XII and to enact Sections 7 and 8 of Article VI and 11
Section 8 of Article XII of the Constitution of the State of Ohio 12
to read as follows: 13

7.  (A) In order to ensure that each student enrolled 14
in a public primary or secondary school in this state has an 15
enforceable state guaranteed right to the opportunity for a high 16
quality public education regardless of the property value, income 17
levels, or other demographic or geographic characteristics of the 18
student's resident school district, the general assembly shall do 19
all of the following: 20

       (1) At least once every six years determine the educational 21
components that make up a high quality public education and the 22
actual cost of those components, including the rate at which the 23
cost shall be adjusted annually to reflect the projected rate of 24
inflation for the intervening years between each determination 25
made by the general assembly; 26

       (2) Annually appropriate the full amount of state funds 27
necessary such that, when those funds are combined with the local 28
revenue contribution prescribed in Section 8 of this article, each 29
public primary or secondary school has the funds to pay the actual 30
cost of a high quality public education for each student enrolled 31
in that school; 32

       (3) Direct that the full amount of the state funds 33
appropriated in accordance with division (A)(2) of this section be 34
deposited into an education trust fund, which shall be established 35
in the state treasury, and which fund shall be used only for 36
making payments to public primary and secondary schools for 37
operating expenses. 38

       (B) As used in this section: 39

       (1) "Actual cost" means the cost of ensuring the availability 40
of each component of a high quality public education for each 41
student enrolled in a public primary or secondary school, taking 42
into account the educational needs of each type of student, the 43
location and demographic circumstances of the student, and the 44
programs and services necessary to fulfill the student's 45
educational needs. 46

       (2) "Educational components" means, collectively, the 47
curricular and extracurricular programs and services that make up 48
a high quality public education for each type of student enrolled 49
in a public primary or secondary school as determined by the 50
general assembly in accordance with division (A)(1) of this 51
section. 52

       (3) "High quality public education" means preparing each 53
student enrolled in a public primary or secondary school for each 54
next grade or program of education so that the student has the 55
opportunity to be successful in that level or program and 56
preparing that student so that, after graduation from high school, 57
the student can carry out the duties of citizenship and function 58
at the highest level of the student's abilities in post-secondary 59
education or gainful employment. 60

8.  Laws shall be passed providing all of the 61
following: 62

       (A) Except as provided in division (B) of this section, that 63
each school district shall levy taxes on taxable property, or 64
other taxes as may be authorized by law, in an amount to be 65
prescribed by law but not exceeding two per cent of the taxable 66
value of taxable property in the school district for the purpose 67
of providing the local revenue contribution toward the funding of 68
the educational components prescribed by Section 7 of this 69
article; 70

       (B)(1) That, between January 1, 2014, and January 1, 2017, no 71
school district may levy taxes for the purpose of such local 72
revenue contribution in an amount exceeding three and four-tenths 73
per cent of the taxable value of taxable property in the school 74
district; 75

       (2) That, if the taxes levied by a school district in 2016 76
for the purposes of such local revenue contribution exceed an 77
amount equal to two per cent of the taxable value of taxable 78
property in the school district, the taxes so levied shall be 79
reduced in six substantially equal annual increments beginning 80
with taxes levied in 2017; 81

       (C) Authorization for school districts to levy additional 82
taxes, subject to Article XII, to supplement the funding of the 83
educational components with the local revenue contribution and the 84
state funds prescribed by Section 7 of this article. 85

       Section 2a.   (A) Except as expressly authorized in this 86
section, land and improvements thereon shall, in all other 87
respects, be taxed as provided in Section 36, Article II and 88
Section 2 of this article. 89

       (B) This section does not apply to any of the following: 90

       (1) Taxes levied at whatever rate is required to produce a 91
specified amount of tax money or an amount to pay debt charges; 92

       (2) Taxes levied within the one per cent limitation imposed 93
by Section 2 of this article; 94

       (3) Taxes provided for by the charter of a municipal 95
corporation; 96

       (4) Taxes levied by school districts for the purpose of 97
providing the local revenue contribution toward funding 98
educational components, pursuant to Section 8(A), Article VI. 99

       (C) Notwithstanding Section 2 of this article, laws may be 100
passed that provide all of the following: 101

       (1) Land and improvements thereon in each taxing district 102
shall be placed into one of two classes solely for the purpose of 103
separately reducing the taxes charged against all land and 104
improvements in each of the two classes as provided in division 105
(C)(2) of this section. The classes shall be: 106

       (a) Residential and agricultural land and improvements; 107

       (b) All other land and improvements. 108

       (2) With respect to each voted tax authorized to be levied by 109
each taxing district, the amount of taxes imposed by such tax 110
against all land and improvements thereon in each class shall be 111
reduced in order that the amount charged for collection against 112
all land and improvements in that class in the current year, 113
exclusive of land and improvements not taxed by the district in 114
both the preceding year and in the current year and those not 115
taxed in that class in the preceding year, equals the amount 116
charged for collection against such land and improvements in the 117
preceding year. 118

       (D) Laws may be passed to provide that the reductions made 119
under this section in the amounts of taxes charged for the current 120
expenses of cities, townships, school districts, counties, or 121
other taxing districts are subject to the limitation that the sum 122
of the amounts of all taxes charged for current expenses against 123
the land and improvements thereon in each of the two classes of 124
property subject to taxation in cities, townships, school 125
districts, counties, or other types of taxing districts, shall not 126
be less than a uniform per cent of the taxable value of the 127
property in the districts to which the limitation applies. 128
Different but uniform percentage limitations may be established 129
for cities, townships, school districts, counties, and other types 130
of taxing districts. 131

8.   Laws shall be passed to create the local 132
government trust fund and to appropriate to the fund annually an 133
amount not less than the amount of state general revenue 134
distributed directly to local governments for their general fund 135
expenditure for the state's fiscal year ending in 2011. The amount 136
so appropriated shall be adjusted proportionately according to the 137
per cent by which personal income of the state changes. 138

EFFECTIVE DATE AND REPEAL 139

       If adopted by a majority of the electors voting on this 140
proposal, the proposal shall take effect July 1, 2014, and 141
existing Section 2a of Article XII of the Constitution of the 142
State of Ohio is repealed from that effective date. 143

Be it resolved by the General Assembly of the State of Ohio,	6
three-fifths of the members elected to each house concurring	7
herein, that there shall be submitted to the electors of the	8
state, in the manner prescribed by law at the general election to	9
be held on November 5, 2013, a proposal to amend Section 2a of	10
Article XII and to enact Sections 7 and 8 of Article VI and	11
Section 8 of Article XII of the Constitution of the State of Ohio	12
to read as follows:	13

7. (A) In order to ensure that each student enrolled	14
in a public primary or secondary school in this state has an	15
enforceable state guaranteed right to the opportunity for a high	16
quality public education regardless of the property value, income	17
levels, or other demographic or geographic characteristics of the	18
student's resident school district, the general assembly shall do	19
all of the following:	20

(1) At least once every six years determine the educational	21
components that make up a high quality public education and the	22
actual cost of those components, including the rate at which the	23
cost shall be adjusted annually to reflect the projected rate of	24
inflation for the intervening years between each determination	25
made by the general assembly;	26

(2) Annually appropriate the full amount of state funds	27
necessary such that, when those funds are combined with the local	28
revenue contribution prescribed in Section 8 of this article, each	29
public primary or secondary school has the funds to pay the actual	30
cost of a high quality public education for each student enrolled	31
in that school;	32

(3) Direct that the full amount of the state funds	33
appropriated in accordance with division (A)(2) of this section be	34
deposited into an education trust fund, which shall be established	35
in the state treasury, and which fund shall be used only for	36
making payments to public primary and secondary schools for	37
operating expenses.	38

(1) "Actual cost" means the cost of ensuring the availability	40
of each component of a high quality public education for each	41
student enrolled in a public primary or secondary school, taking	42
into account the educational needs of each type of student, the	43
location and demographic circumstances of the student, and the	44
programs and services necessary to fulfill the student's	45
educational needs.	46

(2) "Educational components" means, collectively, the	47
curricular and extracurricular programs and services that make up	48
a high quality public education for each type of student enrolled	49
in a public primary or secondary school as determined by the	50
general assembly in accordance with division (A)(1) of this	51
section.	52

(3) "High quality public education" means preparing each	53
student enrolled in a public primary or secondary school for each	54
next grade or program of education so that the student has the	55
opportunity to be successful in that level or program and	56
preparing that student so that, after graduation from high school,	57
the student can carry out the duties of citizenship and function	58
at the highest level of the student's abilities in post-secondary	59
education or gainful employment.	60

(A) Except as provided in division (B) of this section, that	63
each school district shall levy taxes on taxable property, or	64
other taxes as may be authorized by law, in an amount to be	65
prescribed by law but not exceeding two per cent of the taxable	66
value of taxable property in the school district for the purpose	67
of providing the local revenue contribution toward the funding of	68
the educational components prescribed by Section 7 of this	69
article;	70

(B)(1) That, between January 1, 2014, and January 1, 2017, no	71
school district may levy taxes for the purpose of such local	72
revenue contribution in an amount exceeding three and four-tenths	73
per cent of the taxable value of taxable property in the school	74
district;	75

(2) That, if the taxes levied by a school district in 2016	76
for the purposes of such local revenue contribution exceed an	77
amount equal to two per cent of the taxable value of taxable	78
property in the school district, the taxes so levied shall be	79
reduced in six substantially equal annual increments beginning	80
with taxes levied in 2017;	81

(C) Authorization for school districts to levy additional	82
taxes, subject to Article XII, to supplement the funding of the	83
educational components with the local revenue contribution and the	84
state funds prescribed by Section 7 of this article.	85

Section 2a. (A) Except as expressly authorized in this	86
section, land and improvements thereon shall, in all other	87
respects, be taxed as provided in Section 36, Article II and	88
Section 2 of this article.	89

(1) Taxes levied at whatever rate is required to produce a	91
specified amount of tax money or an amount to pay debt charges;	92

(2) Taxes levied within the one per cent limitation imposed	93
by Section 2 of this article;	94

(3) Taxes provided for by the charter of a municipal	95
corporation;	96

(4) Taxes levied by school districts for the purpose of	97
providing the local revenue contribution toward funding	98
educational components, pursuant to Section 8(A), Article VI.	99

(C) Notwithstanding Section 2 of this article, laws may be	100
passed that provide all of the following:	101

(1) Land and improvements thereon in each taxing district	102
shall be placed into one of two classes solely for the purpose of	103
separately reducing the taxes charged against all land and	104
improvements in each of the two classes as provided in division	105
(C)(2) of this section. The classes shall be:	106

(2) With respect to each voted tax authorized to be levied by	109
each taxing district, the amount of taxes imposed by such tax	110
against all land and improvements thereon in each class shall be	111
reduced in order that the amount charged for collection against	112
all land and improvements in that class in the current year,	113
exclusive of land and improvements not taxed by the district in	114
both the preceding year and in the current year and those not	115
taxed in that class in the preceding year, equals the amount	116
charged for collection against such land and improvements in the	117
preceding year.	118

(D) Laws may be passed to provide that the reductions made	119
under this section in the amounts of taxes charged for the current	120
expenses of cities, townships, school districts, counties, or	121
other taxing districts are subject to the limitation that the sum	122
of the amounts of all taxes charged for current expenses against	123
the land and improvements thereon in each of the two classes of	124
property subject to taxation in cities, townships, school	125
districts, counties, or other types of taxing districts, shall not	126
be less than a uniform per cent of the taxable value of the	127
property in the districts to which the limitation applies.	128
Different but uniform percentage limitations may be established	129
for cities, townships, school districts, counties, and other types	130
of taxing districts.	131

8. Laws shall be passed to create the local	132
government trust fund and to appropriate to the fund annually an	133
amount not less than the amount of state general revenue	134
distributed directly to local governments for their general fund	135
expenditure for the state's fiscal year ending in 2011. The amount	136
so appropriated shall be adjusted proportionately according to the	137
per cent by which personal income of the state changes.	138

If adopted by a majority of the electors voting on this	140
proposal, the proposal shall take effect July 1, 2014, and	141
existing Section 2a of Article XII of the Constitution of the	142
State of Ohio is repealed from that effective date.	143