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|
As Introduced*
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 17 |
SENATOR NEIN
A BILL
To amend sections 145.56, 3307.71, 3309.66, 3316.06, 3316.08, 3317.08,
5505.22, 5705.214, 5748.01, and 5748.05, and to enact sections 5705.217,
5705.218, and 5748.08 of the Revised Code to permit a school
board to propose to the electors, as one ballot question, a school district
income tax and bond issue, or a property tax for
the dual purposes of operating expenses and permanent improvements, including
issuing bonds for permanent improvements, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.56, 3307.71, 3309.66, 3316.06, 3316.08, 3317.08,
5505.22, 5705.214, 5748.01, and 5748.05 be amended and sections 5705.217,
5705.218, and 5748.08 of the Revised Code be enacted to read as follows:
Sec. 145.56. The right of a person to a pension, an
annuity, or A retirement allowance itself, any optional benefit,
any other right accrued or accruing to any person, under sections
145.01 to 145.58 of the Revised Code, or of any municipal
retirement system established subject to such sections, under the
laws of this state or any charter, the various funds created by
sections 145.01 to 145.58 of the Revised Code, or under such
municipal retirement system, and all moneys and investments and
income thereof, are exempt from any state tax, except the tax
imposed by section 5747.02 of the Revised
Code and are exempt
from any county, municipal, or other local tax, except taxes
imposed pursuant to section 5748.02 OR 5748.08 of the Revised
Code, and,
except as provided in sections 145.57, 3111.23, and 3113.21 of
the Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or the insolvency laws,
or other process of law, and shall be unassignable except as
specifically provided in sections 145.01 to 145.58, 3111.23, and
3113.21 of the Revised Code.
Sec. 3307.71. The right of a person to a pension, an annuity, or A
retirement
allowance itself, any optional benefit, any other right accrued or accruing to
any person, under sections 3307.01 to 3307.74 of the Revised Code,
OR the various
funds created by section 3307.65 of the Revised Code and all moneys and
investments and income thereof, are exempt from any state tax, except the tax
imposed by section 5747.02 of the Revised
Code and are exempt from any
county, municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 OR 5748.08 of the Revised Code, and,
except as provided in sections
3111.23, 3113.21, and 3307.72 of the Revised Code, shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or insolvency
laws, or any other process of law whatsoever, and shall be unassignable except
as specifically provided in sections 3111.23, 3113.21, and 3307.01 to 3307.74
of the Revised Code.
Sec. 3309.66. The right of a person to a pension, an annuity, or A
retirement
allowance itself, any optional benefit, any other right accrued or accruing to
any persons, under sections 3309.01 to 3309.68 of the Revised Code, OR
the
various funds created by section 3309.60 of the Revised Code and all moneys
and investments and income thereof, are exempt from any state tax, except the
tax imposed by section 5747.02 of the Revised Code, and are exempt from any
county, municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 OR 5748.08 of the Revised Code, and,
except as provided in sections
3111.23, 3113.21, and 3309.67 of the Revised Code, shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or insolvency
laws, or any other process of law whatsoever, and shall be unassignable except
as specifically provided in sections 3111.23, 3113.21, and 3309.01 to 3309.68
of the Revised Code.
Sec. 3316.06. (A) Within sixty days after the
first meeting of a school district financial planning and supervision
commission, the commission shall adopt a financial recovery plan regarding the
school district for which the commission was created. During the formulation
of the plan, the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain the following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared
to exist pursuant to division (B) of section 3316.03 of the Revised Code;
(b) Satisfy any judgments, past due accounts payable, and
all past due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds;
(d) Restore to special funds any moneys from such funds that were
used for purposes not within the
purposes of such funds, or borrowed from such funds
by the purchase of debt obligations of the school district with the
moneys of such funds, or missing from the special funds and not accounted for,
if any;
(e) Balance the budget, avoid future deficits in any
funds, and maintain on a current basis payments of payroll, fringe benefits,
and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally.
(2) The management structure that will enable the school district to
take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and management control
that the commission will exercise within the school district during the period
of fiscal emergency, and shall enumerate respectively, the powers and duties
of the commission and the powers and duties of the school board during that
period. The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers related to
personnel, curriculum, and legal issues in order to successfully implement the
actions described in division (A)(1) of this section.
(3) The target dates for the commencement, progress
upon, and completion of the actions enumerated in
division (A)(1) of this section and a reasonable period of time
expected to be required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and
achievement of the requirements for the plan, and the
plan shall be consistent with that time schedule.
(4) The amount and purpose of any issue of debt
obligations that will be issued, together with assurances that
any such debt obligations that will be issued will not exceed
debt limits supported by appropriate certifications by the fiscal
officer of the school district and the county auditor. If the commission
considers it
necessary in order to maintain or improve educational opportunities of pupils
in the school district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board contingent upon
the approval, during the period of the fiscal emergency, by district voters of
a tax levied under section 718.09, 718.10, 5705.194, 5705.21, or
5748.02, OR 5748.08 of
the Revised Code. Notwithstanding any provision of Chapter 133.
or sections 3313.483 through 3313.4811 of the Revised Code,
the restructuring or refinancing may extend the original period for repayment,
and may alter the frequency and amount of repayments, interest or other
financing charges, and other terms of agreements under which the debt
originally was contracted, at the discretion of the commission, provided that
any loans received pursuant to section 3313.483 of the Revised Code shall be
paid from funds the district would otherwise receive under sections 3317.022
to 3317.025 of the Revised Code, as required under division (E)(3) of section
3313.483 of the Revised Code.
(B) Any financial recovery plan may be amended subsequent to its
adoption.
Sec. 3316.08. During a school district's fiscal emergency
period, the auditor of state shall determine annually, or at any other time
upon request of the
financial planning and supervision commission, whether the school
district will incur an operating deficit. If the
auditor of state determines that a school district will incur an
operating deficit, the auditor of state shall certify that
determination to the superintendent of public instruction, the
financial planning and supervision commission, and the board of
education of the school district. Upon receiving the auditor of
state's certification, the board of education or commission shall adopt a
resolution to submit a ballot question proposing the levy of a
tax under section 5705.194 or 5705.21 or
Chapter 5748. of the Revised Code. Except as
otherwise provided in this division, the tax
shall be levied in the manner prescribed for a tax levied under
section 5705.194 or 5705.21 or under Chapter 5748. of the
Revised Code. The tax shall be levied
for the purpose of paying current operating expenses of the
school district. The question shall propose that the tax be
levied at the rate required to produce annual revenue sufficient to eliminate
the operating deficit as certified by the auditor of state and to
repay outstanding loans or other obligations incurred by the
board of education for the purpose of reducing or eliminating
operating deficits, as determined by the financial planning and supervision
commission. The rate of a tax levied under section 5705.194 or
5705.21 of the Revised Code shall be determined by the
county auditor, and the rate of a tax levied under section
5748.02 OR 5748.08 of the Revised Code shall be determined by
the
tax commissioner, upon the request of the commission. The
commission shall determine the election at which the question of
the tax shall appear on the ballot, and the board of education
or commission shall submit a copy of its resolution to the board of elections
not later than seventy-five days prior to the day of that election. The board
of elections conducting the
election shall certify the results of the election to the board
of education and to the financial planning and supervision
commission.
Sec. 3317.08. A board of education may admit to its
schools a child it is not required by section 3313.64 or 3313.65
of the Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for
a school year shall be one of the following:
(A) For any child, except a handicapped preschool child
described in division (B) of this section, the quotient obtained
by dividing the sum of the amounts described in divisions (A)(1)
and (2) of this section by the amount described in division
(A)(3) of this section.
(1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current
expenses under a school district income tax adopted pursuant to
section 5748.03 OR 5748.08 of the Revised Code that are
disbursed to the
district during the fiscal year. On or before the first day of
June of each year, the tax commissioner shall certify the amount
to be used in the calculation under this division for the next
fiscal year to the department of education for each city, local,
and exempted village school district that levies a school
district income tax.
(3) The district's average daily membership less one-half
the kindergarten average daily membership certified pursuant to
section 3317.03 of the Revised Code for the preceding school
year.
(B) For any handicapped preschool child not included in a
unit approved under division (E) of section 3317.05 of the
Revised Code, an amount computed for the school year as follows:
(1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that
type of service to all handicapped preschool children not
included in units approved under division (E) of section 3317.05
of the Revised Code;
(2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter;
(3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined
under division (B)(1) of this section and the amount determined
under division (B)(2) of this section by the total number of
handicapped preschool children not included in units approved
under division (E) of section 3317.05 of the Revised Code who
received that type of service;
(4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special
education services provided to the child for whom tuition is
being calculated.
The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section.
If any child for whom a tuition charge is computed under
this section for any school year is enrolled in a district for
only part of that school year, the amount of the district's
tuition charge for the child for the school year shall be
computed in proportion to the number of school days the child is
enrolled in the district during the school year.
Except as otherwise provided in division (I) of section
3313.64 of the Revised Code, whenever a district admits a child
to its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount
of the tuition shall be certified by the treasurer of the board
of education of the district of attendance, to the board of
education of the district required to pay tuition for its
approval and payment. If agreement as to the amount payable or
the district required to pay the tuition cannot be reached, or
the board of education of the district required to pay the
tuition refuses to pay that amount, the board of education of the
district of attendance shall notify the superintendent of public
instruction. The superintendent shall determine the correct
amount and the district required to pay the tuition and shall
deduct that amount, if any, under division (G) of section
3317.023 of the Revised Code, from the district required to pay
the tuition and add that amount to the amount allocated to the
district attended under such division. The superintendent of
public instruction shall send to the district required to pay the
tuition an itemized statement showing such deductions at the time
of such deduction.
When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits and, the territory within which the
facility is located is exempt from taxation by the school
district within which such territory is located, and there are
school age children residing within such territory, the political
subdivision owning such tax exempt territory shall pay tuition to
the district in which such children attend school. The tuition
for these children shall be computed as provided for in this
section.
Sec. 5505.22. The right of any person to a pension, or to the return of
accumulated contributions, payable as provided under this chapter, and all
moneys, investments of the state highway patrol retirement system, and income
therefrom, are exempt from any state tax, except the tax imposed by section
5747.02 of the Revised Code, and are exempt from any county, municipal, or
other local tax, except taxes imposed pursuant to section 5748.02 OR
5748.08 of the
Revised Code, and, except as provided in sections 3111.23, 3113.21, and
5505.26
of the Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or any other
process of law whatsoever, and shall be unassignable except as specifically
provided in this chapter.
Sec. 5705.214. Not more than three elections during any calendar year shall
include the questions by a school district of tax levies proposed under any
one
or any combination of the following sections: sections 5705.194, 5705.21,
5705.212, and 5705.213, 5705.217, AND
5705.218
of the Revised Code.
Sec. 5705.217. (A) THE BOARD OF EDUCATION OF
A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, AT ANY TIME
BY A VOTE OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY
RESOLUTION THAT THE AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE
TEN-MILL LIMITATION WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE
AMOUNT FOR THE PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL
DISTRICT; THAT IT IS NECESSARY TO LEVY AN ADDITIONAL TAX IN
EXCESS OF THAT LIMITATION FOR THE PURPOSES OF PROVIDING FUNDS FOR CURRENT
OPERATING EXPENSES AND FOR
THE ACQUISITION, CONSTRUCTION, ENLARGEMENT, RENOVATION, AND FINANCING OF
PERMANENT IMPROVEMENTS; AND THAT THE QUESTION OF THE TAX SHALL BE
SUBMITTED TO THE ELECTORS OF THE DISTRICT AT A SPECIAL
ELECTION. THE TAX MAY BE LEVIED FOR A SPECIFIED NUMBER OF YEARS
OR FOR A CONTINUING PERIOD OF TIME. THE RESOLUTION SHALL SPECIFY
THE PROPOSED TAX RATE, THE FIRST YEAR THE TAX WILL BE LEVIED, AND
THE NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED
FOR A CONTINUING PERIOD OF TIME. THE RESOLUTION SHALL APPORTION THE ANNUAL
RATE OF THE TAX BETWEEN CURRENT OPERATING EXPENSES AND PERMANENT IMPROVEMENTS.
THE APPORTIONMENT MAY BE THE SAME FOR EACH YEAR OF THE TAX, BUT THE
RESPECTIVE PORTIONS OF THE RATE ACTUALLY LEVIED EACH YEAR FOR CURRENT
OPERATING EXPENSES AND PERMANENT IMPROVEMENTS SHALL BE LIMITED BY THE
APPORTIONMENT.
THE RESOLUTION SHALL SPECIFY THE DATE OF HOLDING THE
SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN SEVENTY-FIVE
DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE BOARD OF
ELECTIONS AND SHALL BE CONSISTENT WITH THE REQUIREMENTS OF
SECTION 3501.01 OF THE REVISED CODE. THE
RESOLUTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND
NO PUBLICATION OF IT IS NECESSARY OTHER THAN THAT PROVIDED IN THE
NOTICE OF ELECTION. THE BOARD OF EDUCATION SHALL CERTIFY A COPY
OF THE RESOLUTION TO THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS
ADOPTION. SECTION 5705.25 OF THE REVISED CODE
GOVERNS THE ARRANGEMENTS AND FORM OF THE BALLOT FOR THE
SUBMISSION OF THE QUESTION TO THE ELECTORS.
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION
VOTE IN FAVOR OF THE TAX, THE BOARD OF EDUCATION MAY MAKE THE
LEVY AT THE ADDITIONAL RATE, OR AT ANY LESSER RATE IN EXCESS OF
THE TEN-MILL LIMITATION. IF THE TAX IS FOR A CONTINUING PERIOD
OF TIME, IT MAY BE REDUCED IN ACCORDANCE WITH SECTION 5705.261 OF THE
REVISED CODE.
(B) AFTER THE APPROVAL OF A TAX UNDER THIS
SECTION AND PRIOR TO THE TIME THE FIRST COLLECTION AND
DISTRIBUTION FROM THE LEVY CAN BE MADE, THE BOARD OF EDUCATION MAY
ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH LEVY FOR CURRENT OPERATING
EXPENSES AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT
EXCEEDING FIFTY PER CENT OF THE PROCEEDS ESTIMATED TO BE
COLLECTED FOR THAT PURPOSE DURING THE FIRST YEAR OF THE LEVY. AT ANY TIME
AFTER THE APPROVAL OF A TAX UNDER THIS SECTION, THE BOARD OF
EDUCATION MAY ANTICIPATE A FRACTION OF THE PROCEEDS OF SUCH TAX FOR PERMANENT
IMPROVEMENTS AND ISSUE ANTICIPATION NOTES IN A PRINCIPAL AMOUNT
NOT EXCEEDING FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS TO
BE COLLECTED FOR THAT PURPOSE OVER A PERIOD OF FIVE YEARS AFTER
ISSUANCE OF THE NOTES.
ANTICIPATION NOTES UNDER THIS SECTION SHALL BE ISSUED AS
PROVIDED IN SECTION 133.24 OF THE REVISED CODE,
SHALL HAVE PRINCIPAL PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR
ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A
PRINCIPAL PAYMENT IN THE YEAR OF THEIR ISSUANCE.
(C) THE SUBMISSION OF A QUESTION TO THE
ELECTORS UNDER THIS SECTION IS SUBJECT TO THE LIMITATION ON THE
NUMBER OF ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION
5705.214 OF THE REVISED CODE.
Sec. 5705.218. (A) THE BOARD OF EDUCATION OF
A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
DISTRICT, AT ANY TIME BY A VOTE OF TWO-THIRDS OF ALL ITS MEMBERS,
MAY DECLARE BY RESOLUTION THAT IT MAY BE NECESSARY FOR THE
DISTRICT TO ISSUE GENERAL OBLIGATION BONDS FOR PERMANENT
IMPROVEMENTS. THE RESOLUTION SHALL STATE THE PROPOSED PRINCIPAL
AMOUNT OF THE BONDS AND THE MAXIMUM NUMBER OF YEARS OVER WHICH
THE PRINCIPAL WOULD BE PAID. UPON ADOPTION OF THE RESOLUTION, THE
BOARD SHALL CERTIFY A COPY OF IT TO THE COUNTY AUDITOR. THE
COUNTY AUDITOR PROMPTLY SHALL ESTIMATE AND CERTIFY TO THE BOARD THE
AVERAGE ANNUAL PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED
MATURITY OF THE BONDS TO PAY DEBT CHARGES ON THE BONDS, IN THE
SAME MANNER AS UNDER DIVISION (C) OF SECTION 133.18 OF
THE REVISED CODE.
(B) AFTER RECEIVING THE COUNTY AUDITOR'S
CERTIFICATION UNDER DIVISION (A) OF THIS SECTION, THE BOARD OF
EDUCATION OF THE CITY, LOCAL,
OR EXEMPTED VILLAGE SCHOOL DISTRICT, BY A VOTE
OF TWO-THIRDS OF ALL ITS MEMBERS, MAY DECLARE BY RESOLUTION THAT
THE AMOUNT OF TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL
LIMITATION WILL BE INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR
THE PRESENT AND FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT
IT IS NECESSARY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT
FOR SPECIFIED PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX
IN EXCESS OF THE TEN-MILL LIMITATION TO PAY DEBT CHARGES ON THE
BONDS; THAT IT IS NECESSARY TO LEVY ADDITIONAL TAXES IN EXCESS OF THE
TEN-MILL LIMITATION TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION,
ENLARGEMENT, RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS OR TO PAY FOR
CURRENT OPERATING EXPENSES, OR BOTH; AND THAT THE QUESTION OF
THE BONDS AND TAXES SHALL BE SUBMITTED TO THE ELECTORS OF THE SCHOOL
DISTRICT AT A SPECIAL ELECTION. THE TAXES MAY BE LEVIED FOR A
SPECIFIED NUMBER OF YEARS OR FOR A CONTINUING PERIOD OF TIME. THE RESOLUTION
SHALL SPECIFY ALL OF THE FOLLOWING:
(1) THE NECESSITY AND PURPOSE OF THE BOND ISSUE;
(2) THE AMOUNT, APPROXIMATE DATE, ESTIMATED RATE OF INTEREST, AND MAXIMUM
NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF THE BONDS MAY BE PAID;
(3) THE NECESSITY OF LEVYING A TAX OUTSIDE THE TAX LIMITATION TO PAY THE
DEBT CHARGES ON THE BONDS;
(4) THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL PROPERTY TAX RATE
REQUIRED THROUGHOUT THE STATED MATURITY OF THE BONDS TO PAY DEBT CHARGES
ON THE BONDS;
(5) THE PROPOSED RATE OF THE TAX, IF ANY, FOR CURRENT OPERATING EXPENSES,
THE FIRST YEAR THE TAX WILL BE LEVIED, AND THE
NUMBER OF YEARS IT WILL BE LEVIED, OR THAT IT WILL BE LEVIED FOR A
CONTINUING PERIOD OF TIME;
(6) THE PROPOSED RATE OF THE TAX, IF ANY, FOR PERMANENT IMPROVEMENTS, THE
FIRST YEAR THE TAX WILL BE LEVIED, AND THE NUMBER OF YEARS IT WILL BE LEVIED,
OR THAT IT WILL BE LEVIED FOR A CONTINUING PERIOD OF TIME;
(7) THE DATE OF HOLDING THE
SPECIAL ELECTION, WHICH SHALL NOT BE EARLIER THAN SEVENTY-FIVE
DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE BOARD OF
ELECTIONS, AND SHALL BE CONSISTENT WITH THE REQUIREMENTS OF
SECTION 3501.01 OF THE REVISED CODE.
THE RESOLUTION SHALL APPORTION THE ANNUAL RATE OF THE TAX BETWEEN CURRENT
OPERATING EXPENSES AND PERMANENT IMPROVEMENTS, IF BOTH TAXES ARE REQUESTED.
THE APPORTIONMENT MAY BE THE SAME FOR EACH YEAR OF THE TAX, BUT THE RESPECTIVE
PORTIONS OF THE RATE ACTUALLY LEVIED EACH YEAR FOR CURRENT OPERATING EXPENSES
AND PERMANENT IMPROVEMENTS SHALL BE LIMITED BY THE APPORTIONMENT. THE
RESOLUTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND
NO PUBLICATION OF IT IS NECESSARY OTHER THAN THAT PROVIDED IN THE
NOTICE OF ELECTION. THE BOARD OF EDUCATION SHALL CERTIFY A COPY
OF THE RESOLUTION, ALONG WITH COPIES OF THE AUDITOR'S ESTIMATE
AND ITS RESOLUTION UNDER DIVISION (A) OF THIS SECTION, TO
THE BOARD OF ELECTIONS IMMEDIATELY AFTER ITS ADOPTION.
(C) THE BOARD OF ELECTIONS SHALL MAKE THE
ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE ELECTORS
OF THE SCHOOL DISTRICT, AND THE ELECTION SHALL BE CONDUCTED,
CANVASSED, AND CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS
IN THE DISTRICT FOR THE ELECTION OF COUNTY OFFICERS. THE
RESOLUTION SHALL BE PUT BEFORE THE ELECTORS AS ONE BALLOT
QUESTION, WITH A FAVORABLE VOTE INDICATING APPROVAL OF THE
BOND ISSUE, THE LEVY TO PAY DEBT CHARGES ON THE BONDS, THE CURRENT OPERATING
EXPENSES LEVY, AND THE PERMANENT IMPROVEMENTS LEVY, IF EITHER OR BOTH LEVIES
ARE PROPOSED. THE BOARD OF
ELECTIONS SHALL PUBLISH NOTICE OF THE ELECTION IN ONE OR MORE
NEWSPAPERS OF GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR
FOUR CONSECUTIVE WEEKS. THE NOTICE SHALL STATE ALL OF THE
FOLLOWING:
(1) THE PRINCIPAL AMOUNT OF THE PROPOSED BOND ISSUE;
(2) THE SPECIFIC PERMANENT IMPROVEMENTS FOR WHICH THE
BONDS ARE TO BE ISSUED;
(3) THE MAXIMUM NUMBER OF YEARS OVER WHICH THE
PRINCIPAL OF THE BONDS MAY BE PAID;
(4) THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY
TAX RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY
THE COUNTY AUDITOR;
(5) THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR CURRENT OPERATING
EXPENSES;
(6) THE NUMBER OF YEARS THE CURRENT OPERATING EXPENSES
TAX WILL BE IN EFFECT, OR THAT IT WILL BE IN EFFECT FOR A
CONTINUING PERIOD OF TIME;
(7) THE PROPOSED RATE OF THE ADDITIONAL TAX, IF ANY, FOR PERMANENT
IMPROVEMENTS;
(8) THE NUMBER OF YEARS THE PERMANENT IMPROVEMENTS TAX WILL BE IN EFFECT,
OR THAT IT WILL BE IN EFFECT FOR A CONTINUING PERIOD OF TIME;
(9) THE TIME AND PLACE OF THE SPECIAL ELECTION.
(D) THE FORM OF THE BALLOT FOR AN ELECTION
UNDER THIS SECTION IS AS FOLLOWS:
"SHALL THE ....... SCHOOL DISTRICT BE AUTHORIZED TO
DO THE FOLLOWING:
(1) ISSUE BONDS FOR THE PURPOSE OF ....... IN THE
PRINCIPAL AMOUNT OF $ ........, TO BE REPAID ANNUALLY OVER A
MAXIMUM PERIOD OF ....... YEARS, AND LEVY A PROPERTY TAX TO PAY
DEBT CHARGES ON THE BONDS AT A RATE ESTIMATED BY THE COUNTY
AUDITOR TO AVERAGE OVER THE BOND REPAYMENT PERIOD ....... MILLS
FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO .......
(RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH AS
"30") FOR EACH $100 OF TAX VALUATION?"
IF EITHER A LEVY FOR PERMANENT IMPROVEMENTS OR A LEVY FOR CURRENT OPERATING
EXPENSES IS PROPOSED, OR BOTH ARE PROPOSED, THE BALLOT ALSO SHALL CONTAIN THE
FOLLOWING LANGUAGE, AS APPROPRIATE:
"(2) LEVY AN ADDITIONAL PROPERTY TAX TO PROVIDE FUNDS FOR THE ACQUISITION,
CONSTRUCTION, ENLARGEMENT, RENOVATION, AND FINANCING OF PERMANENT IMPROVEMENTS
AT A RATE NOT EXCEEDING ....... MILLS FOR EACH ONE DOLLAR OF TAX VALUATION,
WHICH AMOUNTS TO ....... (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH
AS "30") FOR EACH $100 OF TAX VALUATION, FOR ...... (NUMBER OF YEARS OF THE
LEVY, OR A CONTINUING PERIOD OF TIME)?
(3) LEVY AN ADDITIOINAL PROPERTY TAX TO PAY CURRENT OPERATING
EXPENSES AT A RATE NOT
EXCEEDING ....... MILLS FOR EACH ONE DOLLAR OF TAX VALUATION,
WHICH AMOUNTS TO ....... (RATE EXPRESSED IN CENTS OR DOLLARS AND
CENTS, SUCH AS "30") FOR EACH $100 OF TAX
VALUATION, FOR ....... (NUMBER OF YEARS OF THE LEVY, OR A
CONTINUING PERIOD OF TIME)?
_______________________________________________________
FOR THE BOND ISSUE AND LEVY (OR LEVIES)
_______________________________________________________
AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)
_______________________________________________________ "
(E) THE BOARD OF ELECTIONS PROMPTLY SHALL CERTIFY THE RESULTS OF
THE ELECTION TO THE TAX COMMISSIONER AND THE COUNTY AUDITOR OF THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED. IF A MAJORITY OF THE ELECTORS VOTING ON
THE
QUESTION VOTE FOR IT, THE BOARD OF EDUCATION MAY PROCEED
WITH ISSUANCE OF THE BONDS AND WITH THE LEVY AND COLLECTION OF THE PROPERTY
TAXES AT THE
ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF THE TEN-MILL
LIMITATION. ANY SECURITIES ISSUED BY THE BOARD OF EDUCATION
UNDER THIS SECTION ARE CHAPTER 133. SECURITIES, AS THAT
TERM IS DEFINED IN SECTION 133.01 OF THE REVISED
CODE.
(F)(1) AFTER APPROVAL OF AN ISSUE UNDER THIS
SECTION, THE BOARD OF EDUCATION MAY ANTICIPATE A PORTION OF THE
PROCEEDS OF THE BOND LEVY TO PAY DEBT CHARGES ON THE BONDS AND ISSUE
ANTICIPATION NOTES IN A
PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER CENT OF THE TOTAL
ESTIMATED PROCEEDS OF THE LEVY REMAINING TO BE COLLECTED OVER A
PERIOD OF FIVE YEARS AFTER ISSUANCE OF THE NOTES.
(2) AFTER APPROVAL OF AN ISSUE UNDER THIS SECTION
AND PRIOR TO THE TIME WHEN THE FIRST TAX COLLECTION FROM THE LEVY
FOR CURRENT OPERATING EXPENSES, THE LEVY FOR PERMANENT IMPROVEMENTS, OR BOTH,
CAN BE MADE, THE BOARD OF
EDUCATION MAY ANTICIPATE A PORTION OF THE PROCEEDS OF THE LEVY
OR LEVIES AND ISSUE TAX ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING
FIFTY PER CENT OF THE TOTAL ESTIMATED PROCEEDS TO BE COLLECTED
DURING THE FIRST YEAR OF THE LEVY OR LEVIES.
(3) ANY ANTICIPATION NOTES UNDER THIS DIVISION SHALL BE
ISSUED AS PROVIDED IN SECTION 133.24 OF THE REVISED
CODE, SHALL HAVE PRINCIPAL PAYMENTS DURING EACH YEAR
AFTER THE YEAR OF THEIR ISSUANCE OVER A PERIOD NOT TO EXCEED FIVE
YEARS, AND MAY HAVE A PRINCIPAL PAYMENT IN THE YEAR OF THEIR
ISSUANCE.
(G) A TAX FOR CURRENT OPERATING EXPENSES OR FOR PERMANENT
IMPROVEMENTS LEVIED
UNDER THIS SECTION FOR A SPECIFIED NUMBER OF YEARS MAY BE RENEWED
OR REPLACED IN THE SAME MANNER AS A TAX FOR CURRENT OPERATING
EXPENSES OR FOR PERMANENT IMPROVEMENTS LEVIED UNDER SECTION 5705.21 OF THE
REVISED
CODE. A TAX FOR CURRENT OPERATING EXPENSES OR FOR PERMANENT
IMPROVEMENTS LEVIED UNDER
THIS SECTION FOR A CONTINUING PERIOD OF TIME MAY BE REDUCED IN ACCORDANCE WITH
SECTION 5705.261 OF THE REVISED CODE.
(H) THE SUBMISSION OF A QUESTION TO THE
ELECTORS UNDER THIS SECTION IS SUBJECT TO THE LIMITATION ON THE
NUMBER OF ELECTIONS THAT CAN BE HELD IN A YEAR UNDER SECTION
5705.214 OF THE REVISED CODE.
Sec. 5748.01. As used in this chapter:
(A) "School district income tax" means an income tax
adopted under either ONE of the following:
(1) Former section 5748.03 of the Revised Code as it
existed prior to its repeal by Amended Substitute House Bill No.
291 of the 115th general assembly;
(2) Section 5748.03 of the Revised Code as enacted in
Substitute Senate Bill No. 28 of the 118th general assembly;
(3) SECTION 5748.08 of the Revised Code AS ENACTED IN ......... BILL
NO. ........ OF THE 122nd GENERAL ASSEMBLY.
(B) "Individual" means an individual subject to the tax
levied by section 5747.02 of the Revised Code.
(C) "Estate" means an estate subject to the tax levied by
section 5747.02 of the Revised Code.
(D) "Taxable year" means a taxable year as defined in
division (M) of section 5747.01 of the Revised Code.
(E) "Taxable income" means:
(1) In the case of an individual, adjusted gross income
for the taxable year as defined in division (A) of section
5747.01 of the Revised Code, less the exemptions provided by
section 5747.02 of the Revised Code;
(2) In the case of an estate, taxable income for the
taxable year as defined in division (S) of section 5747.01 of the
Revised Code.
(F) Except as provided in section 5747.25 of the Revised
Code, "resident" of the school district means:
(1) An individual who is a resident of this state as
defined in division (I) of section 5747.01 of the Revised Code
during all or a portion of the taxable year and who, during all
or a portion of such period of state residency, is domiciled in
the school district or lives in and maintains a permanent place
of abode in the school district;
(2) An estate of a decedent who, at the time of his death,
was domiciled in the school district.
(G) "School district income" means:
(1) With respect to an individual, the portion of the
taxable income of an individual that is received by the
individual during the portion of the taxable year that the
individual is a resident of the school district and the school
district income tax is in effect in that school district. An
individual may have school district income with respect to more
than one school district.
(2) With respect to an estate, the taxable income of the
estate for the portion of the taxable year that the school
district income tax is in effect in that school district.
(H) "Taxpayer" means an individual or estate having school
district income upon which a school district income tax is
imposed.
(I) "School district purposes" means any of the purposes
for which a tax may be levied pursuant to section 5705.21 of the
Revised Code.
Sec. 5748.05. After the approval by the electors of a
resolution under section 5748.03 OR 5748.08 of the Revised
Code to impose a
school district income tax to provide an increase in current
operating revenues or in current revenues for permanent
improvements and prior to the time when the first payment to the
district from the tax can be made, a board of education may
anticipate a fraction of the proceeds of the tax and issue
anticipation notes in an amount not exceeding fifty per cent of
the total estimated proceeds of the tax to be collected for its
first year of collection as estimated by the tax commissioner.
The anticipation notes are Chapter 133. securities and shall be
issued as provided in section 133.24 of the Revised Code as if
property tax anticipation notes. The notes shall have principal
payments during each year after their year of issuance over a
period not to exceed five years and, if determined by the board
of education, during the year of their issuance. The legislation
authorizing issuance of the notes may also provide for the annual
levy and collection of voted ad valorem property taxes levied for
the applicable purpose for which the notes are issued and for the
application of the proceeds of the levy to the extent necessary
to pay annual debt charges on the notes.
Sec. 5748.08. (A) THE
BOARD OF EDUCATION OF A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
DISTRICT, AT ANY TIME BY A VOTE OF TWO-THIRDS OF ALL ITS
MEMBERS, MAY DECLARE BY RESOLUTION THAT IT MAY BE NECESSARY FOR
THE SCHOOL DISTRICT TO DO ALL OF THE FOLLOWING:
(1) RAISE A SPECIFIED AMOUNT OF MONEY FOR SCHOOL DISTRICT
PURPOSES BY LEVYING AN ANNUAL TAX ON THE SCHOOL DISTRICT INCOME
OF INDIVIDUALS AND ESTATES;
(2) ISSUE GENERAL OBLIGATION BONDS FOR PERMANENT
IMPROVEMENTS;
(3) SUBMIT THE QUESTION OF THE SCHOOL DISTRICT INCOME TAX
AND BOND ISSUE TO THE ELECTORS OF THE DISTRICT AT A SPECIAL
ELECTION.
ON ADOPTION OF THE RESOLUTION, THE BOARD SHALL CERTIFY A
COPY OF IT TO THE TAX COMMISSIONER AND THE COUNTY AUDITOR NO
LATER THAN NINETY DAYS PRIOR TO THE DATE OF THE SPECIAL
ELECTION AT WHICH THE BOARD INTENDS TO PROPOSE THE INCOME TAX
AND BOND ISSUE. NOT LATER THAN TEN DAYS OF RECEIPT OF THE
RESOLUTION, THE TAX COMMISSIONER, IN THE SAME MANNER AS REQUIRED
BY DIVISION (A) OF SECTION
5748.02 OF THE REVISED
CODE, SHALL ESTIMATE THE RATES
DESIGNATED IN DIVISION (A)(1)
AND (2) OF THAT SECTION AND CERTIFY THEM TO THE BOARD. NOT
LATER THAN TEN DAYS OF RECEIPT OF THE RESOLUTION, THE COUNTY
AUDITOR SHALL ESTIMATE AND CERTIFY TO THE BOARD THE AVERAGE
ANNUAL PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY
OF THE BONDS TO PAY DEBT CHARGES ON THE BONDS, IN THE SAME
MANNER AS UNDER DIVISION (C) OF
SECTION 133.18 OF THE REVISED
CODE.
(B) ON RECEIPT OF THE
TAX COMMISSIONER'S AND COUNTY AUDITOR'S CERTIFICATIONS PREPARED
UNDER DIVISION (A) OF THIS
SECTION, THE BOARD OF EDUCATION OF THE CITY, LOCAL, OR EXEMPTED
VILLAGE SCHOOL DISTRICT, BY A VOTE OF TWO-THIRDS OF ALL ITS
MEMBERS, MAY ADOPT A RESOLUTION PROPOSING THE LEVY OF AN ANNUAL
TAX FOR SCHOOL DISTRICT PURPOSES ON THE SCHOOL DISTRICT INCOME
OF INDIVIDUALS AND OF ESTATES AND DECLARING THAT THE AMOUNT OF
TAXES THAT CAN BE RAISED WITHIN THE TEN-MILL LIMITATION WILL BE
INSUFFICIENT TO PROVIDE AN ADEQUATE AMOUNT FOR THE PRESENT AND
FUTURE REQUIREMENTS OF THE SCHOOL DISTRICT; THAT IT IS NECESSARY
TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT FOR
SPECIFIED PERMANENT IMPROVEMENTS AND TO LEVY AN ADDITIONAL TAX
IN EXCESS OF THE TEN-MILL LIMITATION TO PAY THE DEBT CHARGES ON
THE BONDS; AND THAT THE QUESTION OF THE BONDS AND TAXES SHALL BE
SUBMITTED TO THE ELECTORS OF THE SCHOOL DISTRICT AT A SPECIAL
ELECTION. THE RESOLUTION SHALL SPECIFY ALL OF THE FOLLOWING:
(1) THE PURPOSE FOR WHICH THE SCHOOL DISTRICT INCOME TAX
IS TO BE IMPOSED AND THE RATE OF THE TAX, WHICH SHALL BE THE
RATE SET FORTH IN THE TAX COMMISSIONER'S CERTIFICATION ROUNDED
TO THE NEAREST ONE-FOURTH OF ONE PER CENT;
(2) THE NUMBER OF YEARS THE TAX WILL BE LEVIED, OR THAT
IT WILL BE LEVIED FOR A CONTINUING PERIOD OF TIME;
(3) THE DATE ON WHICH THE TAX SHALL TAKE EFFECT, WHICH
SHALL BE THE FIRST DAY OF
JANUARY OF ANY YEAR FOLLOWING
THE YEAR IN WHICH THE QUESTION IS SUBMITTED;
(4) THE NECESSITY AND PURPOSE OF THE BOND ISSUE;
(5) THE AMOUNT, APPROXIMATE DATE, ESTIMATED RATE OF
INTEREST, AND MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL
OF THE BONDS MAY BE PAID;
(6) THE NECESSITY OF LEVYING A TAX OUTSIDE THE TEN-MILL
LIMITATION TO PAY THE DEBT CHARGES ON THE BONDS AND ANY
ANTICIPATORY SECURITIES;
(7) THE COUNTY AUDITOR'S ESTIMATE OF THE AVERAGE ANNUAL
PROPERTY TAX RATE REQUIRED THROUGHOUT THE STATED MATURITY OF THE
BONDS TO PAY DEBT CHARGES ON THE BONDS;
(8) THE DATE OF HOLDING THE SPECIAL ELECTION, WHICH SHALL
NOT BE EARLIER THAN SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE
RESOLUTION TO THE BOARD OF ELECTIONS, AND SHALL BE CONSISTENT
WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE
REVISED
CODE.
(C) A RESOLUTION ADOPTED
UNDER DIVISION (B) OF THIS
SECTION SHALL GO INTO IMMEDIATE EFFECT UPON ITS PASSAGE, AND NO
PUBLICATION OF THE RESOLUTION SHALL BE NECESSARY OTHER THAN THAT
PROVIDED FOR IN THE NOTICE OF ELECTION. IMMEDIATELY AFTER ITS
ADOPTION AND AT LEAST SEVENTY-FIVE DAYS PRIOR TO THE ELECTION AT
WHICH THE QUESTION WILL APPEAR ON THE BALLOT, THE BOARD OF
EDUCATION SHALL CERTIFY A COPY OF THE RESOLUTION, ALONG WITH
COPIES OF THE AUDITOR'S ESTIMATE AND ITS RESOLUTION UNDER
DIVISION (A) OF THIS SECTION,
TO THE BOARD OF ELECTIONS OF THE PROPER COUNTY. THE BOARD OF
EDUCATION SHALL MAKE THE ARRANGEMENTS FOR THE SUBMISSION OF THE
QUESTION TO THE ELECTORS OF THE SCHOOL DISTRICT, AND THE
ELECTION SHALL BE CONDUCTED, CANVASSED, AND CERTIFIED IN THE
SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT FOR THE
ELECTION OF COUNTY OFFICERS.
THE RESOLUTION SHALL BE PUT BEFORE THE ELECTORS AS ONE
BALLOT QUESTION, WITH A MAJORITY VOTE INDICATING APPROVAL OF THE
SCHOOL DISTRICT INCOME TAX, THE BOND ISSUE, AND THE LEVY TO PAY
DEBT CHARGES ON THE BONDS. THE BOARD OF ELECTIONS SHALL PUBLISH
THE NOTICE OF THE ELECTION IN ONE OR MORE NEWSPAPERS OF GENERAL
CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS. THE NOTICE SHALL STATE ALL OF THE
FOLLOWING:
(1) THE QUESTIONS TO BE SUBMITTED TO THE ELECTORS;
(2) THE RATE OF THE SCHOOL DISTRICT INCOME TAX;
(3) THE PRINCIPAL AMOUNT OF THE PROPOSED BOND
ISSUE;
(4) THE SPECIFIC PERMANENT IMPROVEMENTS FOR WHICH THE
BONDS ARE TO BE ISSUED;
(5) THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL
OF THE BONDS MAY BE PAID;
(6) THE ESTIMATED ADDITIONAL AVERAGE ANNUAL PROPERTY TAX
RATE TO PAY THE DEBT CHARGES ON THE BONDS, AS CERTIFIED BY THE
COUNTY AUDITOR;
(7) THE TIME AND PLACE OF THE SPECIAL ELECTION.
(D) THE FORM OF THE
BALLOT ON A QUESTION SUBMITTED TO THE ELECTORS UNDER THIS
SECTION SHALL BE AS FOLLOWS:
"SHALL THE ....... SCHOOL DISTRICT BE AUTHORIZED TO DO BOTH
OF THE FOLLOWING:
(1) IMPOSE AN ANNUAL INCOME TAX OF ....... (STATE THE
PROPOSED RATE OF TAX) ON THE SCHOOL DISTRICT INCOME OF
INDIVIDUALS AND OF ESTATES, FOR ....... (STATE THE NUMBER OF
YEARS THE TAX WOULD BE LEVIED, OR THAT IT WOULD BE LEVIED FOR A
CONTINUING PERIOD OF TIME), BEGINNING ....... (STATE THE DATE
THE TAX WOULD FIRST TAKE EFFECT), FOR THE PURPOSE OF .......
(STATE THE PURPOSE OF THE TAX)?
(2) ISSUE BONDS FOR THE PURPOSE OF ....... IN THE
PRINCIPAL AMOUNT OF $......., TO BE REPAID ANNUALLY OVER A
MAXIMUM PERIOD OF ....... YEARS, AND LEVY A PROPERTY TAX TO PAY
DEBT CHARGES ON THE BONDS AT A RATE ESTIMATED BY THE COUNTY
AUDITOR TO AVERAGE OVER THE BOND REPAYMENT PERIOD ....... MILLS
FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO .......
(RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH AS "30") FOR
EACH $100 OF TAX VALUATION?
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(E) THE BOARD OF
ELECTIONS PROMPTLY SHALL CERTIFY THE RESULTS OF THE ELECTION TO
THE TAX COMMISSIONER AND THE COUNTY AUDITOR OF THE COUNTY IN
WHICH THE SCHOOL DISTRICT IS LOCATED. IF A MAJORITY OF THE
ELECTORS VOTING ON THE QUESTION VOTE IN FAVOR OF IT, THE INCOME
TAX AND THE APPLICABLE PROVISIONS OF
CHAPTER 5747. OF THE
REVISED
CODE SHALL TAKE EFFECT ON THE
DATE SPECIFIED IN THE RESOLUTION, AND THE BOARD OF EDUCATION MAY
PROCEED WITH ISSUANCE OF THE BONDS AND WITH THE LEVY AND
COLLECTION OF THE PROPERTY TAXES TO PAY DEBT CHARGES ON THE
BONDS, AT THE ADDITIONAL RATE OR ANY LESSER RATE IN EXCESS OF
THE TEN-MILL LIMITATION. ANY SECURITIES ISSUED BY THE BOARD OF
EDUCATION UNDER THIS SECTION ARE
CHAPTER 133. SECURITIES, AS
THAT TERM IS DEFINED IN SECTION 133.01 OF THE
REVISED
CODE.
(F)(1) AFTER APPROVAL OF
A QUESTION UNDER THIS SECTION, THE BOARD OF EDUCATION MAY
ANTICIPATE A FRACTION OF THE PROCEEDS OF THE SCHOOL DISTRICT
INCOME TAX IN ACCORDANCE WITH SECTION 5748.05 OF THE
REVISED
CODE.
(2) AFTER APPROVAL OF A QUESTION UNDER THIS SECTION, THE
BOARD OF EDUCATION MAY ANTICIPATE A PORTION OF THE PROCEEDS OF
THE BOND LEVY TO PAY DEBT CHARGES ON THE BONDS AND ISSUE
ANTICIPATION NOTES IN A PRINCIPAL AMOUNT NOT EXCEEDING FIFTY PER
CENT OF THE TOTAL ESTIMATED PROCEEDS OF THE LEVY REMAINING TO BE
COLLECTED OVER A PERIOD OF FIVE YEARS AFTER ISSUANCE OF THE
NOTES.
(3) ANY ANTICIPATION NOTES UNDER THIS DIVISION SHALL BE
ISSUED AS PROVIDED IN SECTION 133.24 OF THE
REVISED
CODE, SHALL HAVE PRINCIPAL
PAYMENTS DURING EACH YEAR AFTER THE YEAR OF THEIR ISSUANCE OVER
A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY HAVE A PRINCIPAL
PAYMENT IN THE YEAR OF THEIR ISSUANCE.
(G) THE QUESTION OF
REPEAL OF A SCHOOL DISTRICT INCOME TAX LEVIED FOR MORE THAN FIVE
YEARS MAY BE INITIATED AND SUBMITTED IN ACCORDANCE WITH SECTION
5748.04 OF THE REVISED
CODE.
(H) NO BOARD OF
EDUCATION SHALL SUBMIT A QUESTION UNDER THIS SECTION TO THE
ELECTORS OF THE SCHOOL DISTRICT MORE THAN TWICE IN ANY CALENDAR
YEAR.
Section 2. That existing sections 145.56, 3307.71, 3309.66,
3316.06, 3316.08, 3317.08, 5505.22, 5705.214, 5748.01, and
5748.05 of the Revised Code are hereby repealed.
Section 3. Section 3317.08 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 571 and Am. Sub. H.B. 552 of the 120th General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 4. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that ballot measures must be taken as soon as
possible to preserve and expand educational opportunities and protect the
safety of Ohio's pupils by improving the physical facilities of their schools.
Therefore, this act shall go into immediate effect.
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