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As Passed by the House*
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 697 |
REPRESENTATIVES JOHNSON-SYKES-THOMAS-WOMER BENJAMIN-LAWRENCE-
CORBIN-PRENTISS-STAPLETON-O'BRIEN-MOTTLEY-OPFER-
SAWYER-GARCIA-BRITTON-MEAD
A BILL
To enact, subject to the approval of the people of the State of Ohio,
sections 5739.029 and 5741.024 of the
Revised Code to levy an additional one per cent sales and
use tax, the
proceeds of which must be used one-half for
schools and one-half to provide property tax relief for
homesteads, and to enact section 131.45 of the Revised Code
to establish required levels
of appropriations from the General Revenue Fund for primary
and secondary
education each year,
and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections
5739.029 and 5741.024
of the Revised Code be enacted to read as follows:
Sec. 5739.029. (A) ONLY IF APPROVED BY THE
ELECTORS PURSUANT TO
HOUSE BILL NO.
697 OF THE
122ndGENERAL
ASSEMBLY, THERE IS HEREBY LEVIED, BEGINNING
JULY 1, 1998, AN EXCISE TAX OF ONE PER CENT ON EACH RETAIL SALE
MADE IN THIS STATE. ONE-HALF OF THE PROCEEDS OF THE TAX SHALL BE CREDITED TO
THE SCHOOL
TRUST FUND, WHICH IS HEREBY CREATED IN THE STATE
TREASURY, AND
SHALL BE USED SOLELY FOR THE PURPOSES OF PAYING COSTS OF SCHOOL OPERATIONS,
EDUCATION TECHNOLOGY, SCHOOL FACILITIES,
AND DEBT SERVICE FOR SCHOOL FACILITIES. ONE-HALF OF THE PROCEEDS SHALL BE
CREDITED TO THE
PROPERTY TAX RELIEF FUND, WHICH IS HEREBY CREATED IN THE STATE
TREASURY, AND SHALL BE USED SOLELY TO PROVIDE
PROPERTY TAX
RELIEF FOR HOMESTEADS.
THE PROPERTY TAX RELIEF PROVIDED EACH HOMESTEAD SHALL BE IN ADDITION TO THE
TEN PER CENT REDUCTION AND THE TWO AND ONE-HALF PER CENT REDUCTION IN THE
TAXES
CHARGED AGAINST THE HOMESTEAD, AS PROVIDED UNDER SECTION 319.302 AND DIVISION
(B) OF SECTION 323.152 of the Revised Code.
THE TAX HEREBY LEVIED IS IN ADDITION
TO THE SALES TAX LEVIED BY SECTION 5739.02 OF THE REVISED
CODE,
AND IS SUBJECT TO THE SAME EXEMPTIONS
AND EXCEPTIONS, AND SHALL
BE IMPOSED AND COLLECTED PURSUANT TO THE SAME PROCEDURES, AS THAT TAX.
(B) THE TAX
COMMISSIONER, BY RULE, SHALL PRESCRIBE SCHEDULES SHOWING THE
AMOUNT OF TAX TO BE COLLECTED UNDER THIS CHAPTER AND
CHAPTER 5741. OF THE
REVISED
CODE AT EACH PRICE LEVEL, AND
THAT AMOUNT OF TAX SHALL BE COLLECTED NOTWITHSTANDING SECTION
5739.025 OF THE REVISED
CODE. SECTION 5739.21 OF THE
REVISED
CODE DOES NOT APPLY TO THE TAX
LEVIED BY THIS SECTION.
Sec. 5741.024. ONLY IF
APPROVED BY THE ELECTORS PURSUANT TO
HOUSE BILL NO.
697 OF THE
122ndGENERAL
ASSEMBLY, THERE IS HEREBY
LEVIED, BEGINNING JULY 1, 1998,
AN EXCISE TAX OF ONE PER CENT ON THE STORAGE, USE, OR OTHER
CONSUMPTION IN THIS STATE OF TANGIBLE PERSONAL PROPERTY OR THE
BENEFIT REALIZED IN THIS STATE OF ANY SERVICE PROVIDED.
ONE-HALF OF THE PROCEEDS OF THE TAX SHALL BE CREDITED TO THE
SCHOOL TRUST FUND AND SHALL BE USED SOLELY FOR THE
PURPOSES OF PAYING COSTS OF SCHOOL OPERATIONS,
EDUCATION TECHNOLOGY, SCHOOL FACILITIES, AND DEBT SERVICE FOR
SCHOOL FACILITIES. ONE-HALF OF THE PROCEEDS SHALL BE CREDITED
TO THE PROPERTY TAX RELIEF FUND AND SHALL BE USED SOLELY TO
PROVIDE PROPERTY TAX RELIEF FOR HOMESTEADS.
THE PROPERTY TAX RELIEF PROVIDED EACH HOMESTEAD SHALL BE IN ADDITION TO THE
TEN PER CENT REDUCTION AND THE TWO AND ONE-HALF PER CENT REDUCTION IN THE
TAXES
CHARGED AGAINST THE HOMESTEAD, AS PROVIDED UNDER SECTION 319.302 AND DIVISION
(B) OF SECTION 323.152 of the Revised Code.
THE TAX HEREBY LEVIED IS IN
ADDITION TO THE USE TAX LEVIED BY SECTION 5741.02 OF THE
REVISED
CODE, AND IS SUBJECT TO THE
SAME EXEMPTIONS AND EXCEPTIONS, AND SHALL BE IMPOSED AND
COLLECTED PURSUANT TO THE SAME PROCEDURES, AS THAT TAX. SECTION
5741.03 OF THE REVISED
CODE DOES NOT APPLY TO THE TAX
LEVIED BY THIS SECTION.
Section 2. Section 1 of this act shall take effect only if
approved by a majority of the electors voting thereon, as provided in Section
3 of this act, as permitted by Section 26 of Article II, Ohio Constitution,
because
this act relates to public schools. If Section 1 of this act is not submitted
to the electors at a special election on May 5, 1998, or if Section 1 of this
act is not approved by a majority of the electors voting on the section at
that special election, Sections 1, 2, 3, 4, and 5 of this act expire.
Section 3. After this act is signed by the Governor, it shall be filed with
the
Secretary of State not later than February 19, 1998. The Secretary of State
shall submit to the electors of the entire state at a special
election to be held on May 5, 1998, as a single proposal, approval of
the enactment of sections
5739.029 and 5741.024 of the Revised Code as set forth within the purview of
Section 1 of this act. The Secretary of State shall designate the proposal as
the
second issue submitted to the electors of the entire state at
that election.
Notwithstanding section 3519.21 of the Revised Code, the title
and ballot language for the proposal shall be substantially as
follows:
"EDUCATION LEGISLATION SUBJECT TO VOTER APPROVAL
(Proposed by the General Assembly of the State of Ohio)
Shall the provisions of House Bill 697 levying a statewide one
per cent sales and use tax, to be used one-half for school
operations, education technology, school facilities, and debt service for
school facilities, and one-half for additional property tax relief for
homesteads, be
approved?
If approved, the tax shall take effect July 1, 1998.
A majority yes vote is necessary for passage.
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| Yes (To approve the tax) | |
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| No (To reject the tax) | |
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The General Assembly by resolution shall designate a group of
members who voted for H.B. 697 to prepare arguments for the
proposal, and a group of members who voted against H.B. 697 to
prepare arguments against the proposal. The arguments shall not
exceed three hundred words each, and shall be filed with the Secretary
of State not later than March 1, 1998. The ballot language and the arguments
shall be available for public inspection in the Office of the Secretary of
State.
The proposal, the ballot language, and the arguments
shall be published once a week for three consecutive weeks preceding May 5,
1998,
in at least one newspaper of general circulation in each county of
the state where a newspaper is published.
If a majority of the votes cast on the proposal is in the affirmative, the
proposal is approved and takes effect immediately.
Section 4. All items in this section are hereby appropriated as designated out
of any moneys in the state treasury to the credit of the General Revenue Fund.
For all appropriations made in this act, those in the first column are for
fiscal year 1998 and those in the second column are for fiscal year 1999. The
appropriations made in this act are in addition to any other appropriations
made for the 1997-1999 biennium.
CEB CONTROLLING BOARD
General Revenue Fund | | | | |
GRF | 911-405 | Ballot Board | $ | 400,000 | $ | 0 |
TOTAL GRF General Revenue Fund | $ | 400,000 | $ | 0 |
TOTAL ALL BUDGET FUND GROUPS | $ | 400,000 | $ | 0 |
Ballot Board
The foregoing appropriation item 911-405, Ballot Board, shall be used for the
advertising costs associated with the statewide special election required by
this act.
Within the limits set forth in this act, the Director of Budget and Management
shall establish accounts indicating source and amount of funds for each
appropriation made in this act, and shall determine the form and manner in
which appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as though made in
Am. Sub. H.B. 215 of the 122nd General Assembly.
The appropriations made in this act are subject to all provisions of Am. Sub.
H.B. 215 of the 122nd General Assembly that are generally applicable to such
appropriations.
Section 5. In accordance with section 1.471 of the Revised Code and Ohio
Constitution, Article II, Section 1d, Sections 2, 3, 4, and 5 of this act go
into immediate effect.
Section 6. That section 131.45 of the Revised Code be enacted to read as
follows:
Sec. 131.45. (A) THE AMOUNT THE GENERAL ASSEMBLY
APPROPRIATES FROM THE GENERAL REVENUE FUND EACH
YEAR PER PUPIL FOR PRIMARY AND SECONDARY EDUCATIONAL PURPOSES SHALL BE NOT
LESS THAN THE AMOUNT IT APPROPRIATED PER PUPIL FOR THOSE PURPOSES FOR THE BASE
YEAR, ADJUSTED FOR CHANGES IN PRICES AS MEASURED BY THE CONSUMER PRICE INDEX
(ALL URBAN CONSUMERS, ALL ITEMS) PREPARED BY THE BUREAU OF LABOR STATISTICS OF
THE UNITED STATES DEPARTMENT OF LABOR. THE BASE YEAR IS
FISCAL YEAR 1999.
(B) APPROPRIATIONS
OF THE PROCEEDS
OF THE SALES AND USE TAX LEVIED BY
SECTIONS 5739.029 AND 5741.024 of the Revised Code
AND OF THE NET PROCEEDS OF ANY STATE LOTTERY UNDER
SECTION 6 OF
ARTICLE
XV OF THE
OHIO
CONSTITUTION SHALL BE IN ADDITION TO APPROPRIATIONS MADE PURSUANT TO
THIS SECTION.
(C) FOR THE PURPOSES OF
THIS SECTION, APPROPRIATIONS FOR PRIMARY AND SECONDARY EDUCATIONAL PURPOSES
INCLUDES
AMOUNTS APPROPRIATED TO REIMBURSE
SCHOOL DISTRICTS FOR PROPERTY TAX REDUCTIONS REQUIRED BY
LAW.
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