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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 24 |
SENATORS RAY-B. JOHNSON-BLESSING-DRAKE-DiDONATO-HERINGTON-GILLMOR-
McLIN-CARNES-KEARNS
A BILL
To amend section 5705.23 of the Revised Code to provide that when a
voter-approved library tax is levied for a specific permanent improvement or
class of improvements, the period for which notes may be issued in
anticipation of the revenue be increased from five to ten years.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5705.23 of the Revised Code be amended to read as
follows:
Sec. 5705.23. The board of library trustees of any county,
municipal corporation, school district, or township public
library by a vote of two-thirds of all its members may at any
time declare by resolution that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current
tax duplicate will be insufficient to provide an adequate amount
for the necessary requirements of the public library, that it is
necessary to levy a tax in excess of such limitation for current
expenses of the public library or for the construction of any
specific permanent improvement or class of improvements which the
board of library trustees is authorized to make or acquire and
which could be included in a single issue of bonds, and that the
question of such additional tax levy shall be submitted by the
taxing authority of the political subdivision to whose
jurisdiction the board is subject, to the electors of the
subdivision, or, if the resolution so states, to the electors
residing within the boundaries of the library district, as defined
by the state library board pursuant to section 3375.01 of the
Revised Code, on the day specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election
or at an election on another day to be specified in the
resolution. No more than two elections shall be held under
authority of this section in any one calendar year. Such
resolution shall conform to section 5705.19 of the Revised Code,
except that the tax levy may be in effect for any specified
number of years or for a continuing period of time, as set forth
in the resolution, and the resolution shall specify the date of
holding the election, which shall not be earlier than
seventy-five days after the adoption and certification of the
resolution to the taxing authority of the political subdivision
to whose jurisdiction the board is subject, and which shall be
consistent with the requirements of section 3501.01 of the
Revised Code. The resolution shall not include a levy on the
current tax list and duplicate unless the election is to be held
at or prior to the first Tuesday after the first Monday in
November of the current tax year. Upon
UPON receipt of the
resolution, the taxing authority of the political subdivision to
whose jurisdiction the board is subject shall adopt a resolution
providing for the submission of such additional tax levy to the
electors of the subdivision, or, if the resolution so states, to
the electors residing within the boundaries of the library
district, as defined by the state library board pursuant to
section 3375.01 of the Revised Code, on the date specified in the
resolution of the board of library trustees. The resolution
adopted by the taxing authority shall otherwise conform to the
resolution certified to it by the board. The resolution of the
taxing authority shall be certified to the board of elections of
the proper county not less than seventy-five days before the date
of such election. Such resolution shall go into immediate effect
upon its passage, and no publication of the resolution shall be
necessary other than that provided in the notice of election.
Section 5705.25 of the Revised Code shall govern the arrangements
for the submission of such question and other matters concerning
the election, to which that section refers, except that if the
resolution so states, the question shall be submitted to the
electors residing within the boundaries of the library district,
as defined by the state library board pursuant to section 3375.01
of the Revised Code, and except that such election shall be held
on the date specified in the resolution. If a majority of the
electors voting on the question so submitted in an election vote
in favor of such levy, the taxing authority may forthwith make
the necessary levy within the subdivision or within the
boundaries of the library district, as defined by the state
library board pursuant to section 3375.01 of the Revised Code, at
the additional rate in excess of the ten-mill limitation on the
tax list, for the purpose stated in such resolutions. Such tax
levy shall be included in the next annual tax budget that is
certified to the county budget commission. The proceeds of any
library levy in excess of the ten-mill limitation shall be used
for purposes of the board in accordance with the law applicable
to the board.
After the approval of a levy on the current tax list and
duplicate to provide an increase in current expenses, and prior
to the time when the first tax collection from such levy can be
made, the taxing authority at the request of the board of library
trustees may anticipate a fraction of the proceeds of such levy
and issue anticipation notes in an amount not exceeding fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy.
After the approval of a levy to provide revenues for the
construction or acquisition of any specific permanent improvement
or class of improvements, the taxing authority at the request of
the board of library trustees may anticipate a fraction of the
proceeds of such levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated
proceeds of the levy to be collected in each year over a period
of five TEN years after the issuance of such notes.
The notes 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
TEN
years, and may have a principal payment in the year of their
issuance.
When a board of public library trustees of a county library
district, appointed under section 3375.22 of the Revised Code,
requests the submission of such special levy, the taxing
authority shall submit the levy to the voters of the county
library district only. For the purposes of this section, and of
such THE board of PUBLIC library trustees only, the words
"electors of the
subdivision," as used in this section and in section 5705.25 of
the Revised Code, mean "electors of the county library district."
Any levy approved by the electors of the county library district
shall be made within the county library district only.
Section 2. That existing section 5705.23 of the Revised Code is hereby
repealed.
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