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As Passed by the House*
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 268 |
REPRESENTATIVES KREBS-BENDER-BOYD-DePIERO-EVANS-GARDNER-
GRENDELL-HAINES-HARTNETT-JOLIVETTE-JONES-MOTTLEY-O'BRIEN-OLMAN-
OPFER-PADGETT-PETERSON-PRINGLE-SULLIVAN-TAYLOR-TERWILLEGER-
VANVYVEN-TIBERI-AMSTUTZ-BUCHY-CORBIN-MEAD-ROBERTS-NETZLEY-
METELSKY
A BILL
To amend sections 5705.194, 5705.197, 5705.21, 5705.25, 5748.02, and 5748.03
of the Revised Code to
clarify that the
ballot language concerning renewal of a school district income tax include a
statement that the proposed tax is a renewal and to allow school district
emergency levies to be placed on the ballot at specified special elections
regardless of whether a primary election is scheduled, and to permit school
districts to propose the renewal of more than one property tax levy in a
single ballot measure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5705.194, 5705.197, 5705.21, 5705.25, 5748.02, and
5748.03 of the Revised Code be
amended to
read as follows:
Sec. 5705.194. The board of education of any city, local,
exempted village, cooperative education, or joint vocational
school district may at any time MAY declare by resolution that
the
revenue that will be raised by all tax levies which the district
is authorized to impose, when combined with state and federal
revenues, will be insufficient to provide for the emergency
requirements of the school district or to avoid an operating
deficit, and that it is therefore necessary to levy an additional
tax in excess of the ten-mill limitation. Such THE resolution
shall
be confined to a single purpose and shall specify the THAT
purpose
thereof. If the levy is proposed to renew all or a portion of
the proceeds derived from one or more existing levies imposed
pursuant to this section, it shall be called a renewal levy and
shall be so designated on the ballot. No IF two or more
existing
levies shall ARE TO be included in a single renewal levy
unless they BUT ARE NOT SCHEDULED TO expire in the same
year, THE RESOLUTION SHALL SPECIFY THAT THE EXISTING LEVIES TO BE
RENEWED SHALL NOT BE LEVIED AFTER THE YEAR PRECEDING THE YEAR
IN WHICH THE RENEWAL LEVY IS FIRST IMPOSED. Notwithstanding the original
purpose of
any one or more existing levies that are to be in any single
renewal levy, the purpose of such THE renewal levy may be either
to
avoid an operating deficit or to provide for the emergency
requirements of the school district. The resolution shall
further specify the amount of money it is necessary to raise for
the specified purpose for each calendar year the millage is to be
imposed; if a renewal levy, whether the levy is to renew all, or
a portion of, the proceeds derived from one or more existing
levies; and the number of years in which the millage is to be in
effect, which may include a levy upon the current year's tax
list. The number of years may be any number not exceeding five.
The
THE question shall be submitted at a special election on a date
specified in the resolution. The date shall not be earlier than
eighty days after the adoption and certification of such THE
resolution to the county auditor and shall be consistent with the
requirements of section 3501.01 of the Revised Code. A
resolution for a renewal levy shall not be placed on the ballot
unless the question is submitted on the A date of the general
or
primary election heldON WHICH A SPECIAL ELECTION MAY BE HELD UNDER
DIVISION (D) OF SECTION 3501.01 of the Revised Code, EXCEPT FOR THE FIRST
TUESDAY AFTER THE FIRST MONDAY IN FEBRUARY AND
AUGUST, during the last
year the levy or levies to
be renewed may be extended on the real and public utility
property tax list and duplicate, or at any election held in the
ensuing year, EXCEPT THAT IF THE RESOLUTION PROPOSES RENEWING TWO OR
MORE EXISTING LEVIES, THE QUESTION SHALL BE SUBMITTED ON THE DATE OF THE
GENERAL OR PRIMARY ELECTION HELD DURING THE LAST YEAR AT LEAST ONE OF THE
LEVIES TO BE RENEWED MAY BE EXTENDED ON THAT LIST AND DUPLICATE, OR AT ANY
ELECTION HELD DURING THE ENSUING YEAR.
FOR PURPOSES OF THIS SECTION, A LEVY SHALL BE CONSIDERED TO BE AN
"EXISTING LEVY" THROUGH THE YEAR FOLLOWING THE LAST YEAR IT CAN BE
PLACED ON THE REAL AND PUBLIC UTILITY PROPERTY TAX LIST AND
DUPLICATE.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
The resolution 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. A copy
of such THE resolution shall immediately after its passing be
certified to the county auditor of the proper county. Section
5705.195 of the Revised Code shall govern the arrangements for
the submission of such questionQUESTIONS TO THE ELECTORS UNDER THIS
SECTION and other matters concerning such THE
election. Publication of notice of such THE election shall be
made
in one or more newspapers of general circulation in the county
once a week for three consecutive weeks. If a majority of the
electors voting on the question so submitted in an election vote
in favor of such THE levy, the board of education of the school
district may forthwith make the additional levy necessary to
raise the amount specified in the resolution for the purpose
stated in the resolution. Such THE tax levy shall be included
in the
next tax budget that is certified to the county budget
commission.
After the approval of the levy and prior to the time when
the first tax collection from such THE levy can be made, the
board of
education may anticipate a fraction of the proceeds of such THE
levy
and issue anticipation notes in an amount not exceeding the total
estimated proceeds of the levy to be collected during the first
year of the levy.
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
years, and may have principal payment in the year of their
issuance.
Sec. 5705.197. The form of the ballot to be used at the
election provided for in section 5705.195 of the Revised Code
shall be as follows:
"Shall a levy be imposed by the ............. (here insert
name of school district) for the purpose of ............. (here
insert purpose of levy) in the sum of .......... (here insert
annual amount the levy is to produce) and a levy of taxes to be
made outside of the ten-mill limitation estimated by the county
auditor to average .......... (here insert number of mills) mills
for each one dollar of valuation, which amounts to ..........
(here insert rate expressed in dollars and cents) for each one
hundred dollars of valuation, for a period of .......... (here
insert the number of years the millage is to be imposed) years?
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| For the Tax Levy | |
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| Against the Tax Levy | |
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The purpose for which the tax is to be levied shall be
printed in the space indicated, in boldface type of at least
twice the size of the type immediately surrounding it.
If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after "years," the phrase ", beginning in
.......... (first month and year the tax is to be levied)."
If the levy submitted is a proposal to renew all or a
portion of an existing levy, the form of the ballot specified in
this section may be changed by adding the following at the
beginning of the form, after the words "shall a levy":
(A) "Renewing an existing levy" in the case of a proposal
to renew an existing levy in the same amount;
(B) "Renewing ...... dollars and providing an increase of
...... dollars" in the case of an increase;
(C) "Renewing part of an existing levy, being a reduction
of ...... dollars" in the case of a renewal of only part of an
existing levy.
If the levy submitted is a proposal to renew all or a
portion of more than one existing levy, the form of the ballot
may be changed in any of the manners provided in division (A),
(B), or (C) of this section, or any combination thereof OF THOSE
MANNERS, as
appropriate, so long as the form of the ballot reflects the
number of levies to be renewed, whether the amount of any of the
levies will be increased or decreased, and, for each such levy, the
amount of any such increase or decrease FOR EACH LEVY, AND THAT NONE OF THE
EXISTING LEVIES TO BE RENEWED
WILL BE LEVIED AFTER THE YEAR PRECEDING THE YEAR IN WHICH THE RENEWAL
LEVY IS FIRST IMPOSED.
THE FORM OF THE BALLOT SHALL BE CHANGED BY ADDING THE FOLLOWING
STATEMENT AFTER "FOR A PERIOD OF ..... YEARS?" AND BEFORE "FOR THE
TAX
LEVY" AND
"AGAINST THE
TAX
LEVY":
"IF APPROVED, ANY REMAINING TAX YEARS ON ANY OF THE ABOVE .....
(HERE INSERT THE NUMBER OF EXISTING LEVIES) EXISTING LEVIES WILL
NOT BE COLLECTED AFTER ..... (HERE INSERT THE CURRENT TAX YEAR OR, IF NOT THE
CURRENT TAX YEAR, THE
APPLICABLE TAX YEAR)."
Sec. 5705.21. (A) At any time the board of education of
any city, local, exempted village, cooperative education, or
joint vocational school district by a vote of two-thirds of all
its members may 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 school
district, that it is necessary to levy a tax in excess of such
limitation for one of the purposes specified in division (A),
(D), (F), (H), or (DD) of section 5705.19 of the Revised Code;,
for general, on-going permanent improvements, for the
purpose
of operating a cultural center, or for the purpose of
providing education technology, and that the question
of such
additional tax levy shall be submitted to the electors of the
school district at a special election on a day to be specified in
the resolution.
As used in this section, "cultural center" means a
freestanding building, separate from a public school building,
that is open to the public for educational, musical, artistic,
and cultural purposes.
As used in this section, "education technology" means, but is
not limited to, computer hardware, equipment, materials, and
accessories, equipment used for two-way audio or video, and
software.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Such resolution shall be confined to a single purpose
and shall specify the amount of the increase in rate that it is
necessary to levy, the purpose thereof OF THE LEVY, and the
number of years
during which the increase in rate shall be in effect. The number
of years may be any number not exceeding five or, if the levy is
for current expenses of the district or for general, on-going
permanent improvements, for a continuing period of time. The
resolution shall specify the date of holding such election, which
shall not be earlier than seventy-five days after the adoption
and certification of such THE resolution and which shall be
consistent with the requirements of section 3501.01 of the
Revised Code. The RESOLUTION MAY PROPOSE TO RENEW ONE OR MORE EXISTING
LEVIES IMPOSED UNDER THIS SECTION OR TO INCREASE OR DECREASE A SINGLE LEVY
IMPOSED UNDER THIS SECTION.
IF THE RESOLUTION PROPOSES TO RENEW TWO OR MORE EXISTING LEVIES,
THE LEVIES SHALL BE LEVIED FOR THE SAME PURPOSE. THE RESOLUTION SHALL
IDENTIFY THOSE LEVIES AND THE RATES AT WHICH THEY ARE LEVIED. THE
RESOLUTION ALSO SHALL SPECIFY THAT THE EXISTING LEVIES SHALL NOT
BE EXTENDED ON THE TAX LISTS AFTER THE YEAR PRECEDING THE YEAR IN WHICH THE
RENEWAL
LEVY IS FIRST IMPOSED, REGARDLESS OF THE YEARS FOR WHICH THOSE
LEVIES ORIGINALLY WERE AUTHORIZED TO BE LEVIED.
THE resolution 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. A copy of
such THE resolution shall immediately after its
passing be
certified to the board of elections of the proper county in the
manner provided by section 5705.25 of the Revised Code, and that
section shall govern the arrangements for the submission of such
question and other matters concerning such election, to which
that section refers, except that such election shall be held on
the date specified in the resolution. Publication of notice of
such election shall be made in one or more newspapers of general
circulation in the county once a week for four consecutive weeks.
If a majority of the electors voting on the question so submitted
in an election vote in favor of such THE levy, the board of
education
may forthwith make the necessary levy within such THE
school district
at the additional rate, or at any lesser rate in excess of the
ten-mill limitation on the tax list, for the purpose stated in
the resolution. A levy for a continuing period of time may be
reduced pursuant to section 5705.261 of the Revised Code. Such
THE
tax levy shall be included in the next tax budget that is
certified to the county budget commission.
(C)(1) After the approval of a levy on the current tax
list and duplicate for current expenses, for recreational
purposes, for community centers provided for in section 755.16 of
the Revised Code, or for a public library of the district and
prior to the time when the first tax collection from such THE
levy
can be made, the board of education may anticipate a fraction of
the proceeds of such THE 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 during the first
year of the levy.
(2) After the approval of a levy for permanent
improvements having the purpose specified in division (F) of
section 5705.19 of the Revised Code, the board of education may
anticipate a fraction of the proceeds of such THE levy 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 in each year over a period of five years after the
issuance of such THE 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
years, and may have a principal payment in the year of their
issuance.
(3) After approval of a levy for general, on-going
permanent improvements, the board of education may anticipate a
fraction of the proceeds of such THE 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 specified period of years, not exceeding ten, after the
issuance of such THE 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 ten
years, and may have a principal payment in the year of their
issuance.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 of the Revised Code shall be
certified by the taxing authority to the board of elections of
the proper county not less than seventy-five days before the
general election in any year, and the board shall submit the
proposal to the electors of the subdivision at the succeeding
November election. Except as otherwise provided in this
division, a resolution to renew an existing levy, regardless of
the section of the Revised Code under which the tax was imposed,
shall not be placed on the ballot unless the question is
submitted at the general election held during the last year the
tax to be renewed or replaced may be extended on the real and
public utility property tax list and duplicate, or at any
election held in the ensuing year. The limitation of the
foregoing sentence does not apply to a resolution
to renew and
increase or to renew part of an existing levy that was imposed
under section 5705.191 of the Revised Code to supplement the
general fund for the purpose of making appropriations for one or
more of the following purposes: for public assistance, human or
social services, relief, welfare, hospitalization, health, and
support of general or tuberculosis hospitals. The
THE LIMITATION OF THE SECOND PRECEDING SENTENCE ALSO DOES NOT
APPLY TO A RESOLUTION THAT PROPOSES TO RENEW TWO OR MORE EXISTING LEVIES
IMPOSED UNDER SECTION 5705.21 OF THE REVISED CODE, IN WHICH
CASE
THE QUESTION SHALL BE SUBMITTED ON THE DATE OF THE GENERAL OR
PRIMARY ELECTION HELD DURING THE LAST YEAR AT LEAST ONE OF THE LEVIES TO BE
RENEWED MAY BE EXTENDED ON THE REAL AND PUBLIC UTILITY PROPERTY TAX LIST AND
DUPLICATE, OR AT ANY ELECTION HELD DURING THE ENSUING YEAR. FOR
PURPOSES OF THIS SECTION, A LEVY SHALL BE CONSIDERED TO BE AN
"EXISTING LEVY" THROUGH THE YEAR FOLLOWING THE LAST YEAR IT CAN BE
PLACED ON THAT TAX LIST AND DUPLICATE.
THE board shall
make the necessary arrangements for the submission of such
questions to the electors of such subdivision, and the election
shall be conducted, canvassed, and certified in the same manner
as regular elections in such subdivision for the election of
county officers. Notice of the election shall be published in a
newspaper of general circulation in the subdivision once a week
for four consecutive weeks prior to the election, stating the
purpose, the proposed increase in rate, expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of years
during which such THE increase will be in effect, the first
month and year in
which the
tax will be levied, and the time and place of the election.
(B) The form of the ballots cast at an election held
pursuant to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision
or public library) .......... for the purpose of (purpose stated
in the resolution) .......... at a rate not exceeding ......
mills for each one dollar of valuation, which amounts to (rate
expressed in dollars and cents) ............ for each one hundred
dollars of valuation, for ...... (life of indebtedness or number
of years the levy is to run).
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| For the Tax Levy | |
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| Against the Tax Levy | |
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| " |
(C) If the levy is to be in effect for a continuing period
of time, the notice of election and the form of ballot shall so
state instead of setting forth a specified number of years for
the levy.
If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", beginning in .......... (first month and
year the tax
is to be levied)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words "An additional" at the beginning of the form, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words "A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of a decrease in the proposed levy.
IF THE LEVY SUBMITTED IS A PROPOSAL TO RENEW TWO OR MORE EXISTING
LEVIES IMPOSED UNDER SECTION 5705.21 of the Revised Code, THE FORM
OF THE BALLOT SPECIFIED IN DIVISION (B) OF THIS SECTION SHALL BE
MODIFIED BY SUBSTITUTING FOR THE WORDS "AN ADDITIONAL TAX" THE WORDS "A
RENEWAL OF ....(INSERT THE
NUMBER OF LEVIES TO BE RENEWED) EXISTING TAXES."
The question covered by such resolution shall be submitted
as a separate proposition but may be printed on the same ballot
with any other proposition submitted at the same election, other
than the election of officers. More than one such question may
be submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation
under this section shall be certified to the tax commissioner.
In the first year of such THE levy, it shall be extended on the
tax
lists after the February settlement succeeding such THE
election. If such THE additional tax is to be placed upon the
tax
list of the current year, as specified in the resolution
providing for its submission, the result of the election shall be
certified immediately after the canvass by the board of elections
to the taxing authority, who shall forthwith make the necessary
levy and certify it to the county auditor, who shall extend it on
the tax lists for collection. After the first year, the tax levy
shall be included in the annual tax budget that is certified to
the county budget commission.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare, by resolution, the necessity of raising annually a
specified amount of money for school district purposes. A copy
of the resolution shall be certified to the tax commissioner no
later than eighty-five days prior to the date of the election at
which the board intends to propose a levy under this section.
Upon receipt of the copy of the resolution, the tax commissioner
shall estimate both of the following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's proposal to levy an income tax at the election for which
the board requested the certification. If the board intends to
submit a proposal to levy an income tax at any other election, it
shall request another certification for that election in the
manner prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the members of a board of education 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. The
proposed levy may be for a continuing period of time or for a
specified number of years. The resolution shall set forth the
purpose for which the tax is to be imposed, the rate of the tax,
which shall be the rate set forth in the commissioner's
certification rounded to the nearest one-fourth of one per cent,
the number of years the tax will be levied or that it will be
levied for a continuing period of time, 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, and
the date of the election at which the proposal shall be submitted
to the electors of the district, which shall be on the date of a
primary, general, or special election the date of which is
consistent with section 3501.01 of the Revised Code. IF
THE BOARD OF EDUCATION CURRENTLY IMPOSES AN INCOME TAX PURSUANT
TO THIS CHAPTER THAT IS DUE TO EXPIRE AND
A QUESTION IS SUBMITTED UNDER THIS SECTION FOR A PROPOSED INCOME TAX TO TAKE
EFFECT UPON THE EXPIRATION OF THE EXISTING TAX,
THE BOARD MAY SPECIFY IN THE RESOLUTION THAT THE PROPOSED TAX RENEWS THE
EXPIRING TAX AND IS NOT AN ADDITIONAL INCOME TAX, PROVIDED THAT THE TAX RATE
BEING PROPOSED IS NO HIGHER THAN THE TAX RATE THAT IS CURRENTLY IMPOSED.
(2) A board of education adopting a resolution under
division (B)(1) of this section proposing a school district
income tax for a continuing period of time and limited to the
purpose of current expenses may propose in that resolution to
reduce the rate or rates of one or more of the school district's
property taxes levied for a continuing period of time in excess
of the ten-mill limitation for the purpose of current expenses.
The reduction in the rate of a property tax may be any amount,
expressed in mills per one dollar in valuation, not exceeding the
rate at which the tax is authorized to be levied. The reduction
in the rate of a tax shall first take effect for the tax year
that includes the day on which the school district income tax
first takes effect, and shall continue for each tax year that
both the school district income tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A) of this section, shall designate the specific levy or levies
to be reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 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, a copy of the
resolution shall be certified to the board of elections of the
proper county, which shall submit the proposal to the electors on
the date specified in the resolution. The form of the ballot
shall be as provided in section 5748.03 of the Revised Code.
Publication of notice of the election shall be made in one or
more newspapers of general circulation in the county once a week
for four consecutive weeks. The notice shall contain the time
and place of the election and the question to be submitted to the
electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit the question of a
tax on school district income to the electors of the district
more than twice in any calendar year. If a board submits the
question twice in any calendar year, one of the elections on the
question shall be held on the date of the general election.
Sec. 5748.03. The form of the ballot on a question
submitted to the electors under section 5748.02 of the Revised
Code shall be as follows:
"Shall an annual income tax of ....... (state the proposed
rate of tax) on the school district income of individuals and of
estates be imposed by ....... (state the name of the school
district), 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)?
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| FOR THE TAX | |
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| AGAINST THE TAX | |
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If the question submitted to electors PROPOSES TO RENEW AN EXPIRING
INCOME TAX, THE BALLOT SHALL BE MODIFIED BY ADDING THE FOLLOWING
LANGUAGE IMMEDIATELY AFTER THE NAME OF THE SCHOOL DISTRICT THAT
WOULD IMPOSE THE TAX: "TO RENEW AN INCOME TAX EXPIRING AT THE END OF
........ (STATE THE LAST YEAR THE EXISTING INCOME TAX MAY BE LEVIED)."
IF THE QUESTION includes a proposal
under division (B)(2) of section 5748.02 of the Revised Code to
reduce the rate of one or more school district property taxes,
the ballot shall state that the purpose of the school district
income tax is for current expenses, and the form of the ballot
shall be modified by adding the following language immediately
after the statement of the purpose of the proposed income tax:
", and shall the rate of an existing tax on property, currently
levied for the purpose of current expenses at the rate of .......
mills, be REDUCED to ....... mills until any such time as the
income tax is repealed." In lieu of "for the tax" and "against
the tax," the phrases "for the issue" and "against the issue,"
respectively, shall be used. If a board of education proposes a
reduction in the rates of more than one tax, the ballot language
shall be modified accordingly to express the rates at which those
taxes currently are levied and the rates to which the taxes will
be reduced.
The board of elections shall certify the results of the
election to the board of education and to the tax commissioner.
If a majority of the electors voting on the question vote in
favor of it, the income tax, the applicable provisions of Chapter
5747. of the Revised Code, and the reduction in the rate or rates
of existing property taxes if the question included such a
reduction shall take effect on the date specified in the
resolution. If the question approved by the voters includes a
reduction in the rate of a school district property tax, the
board of education shall not levy the tax at a rate greater than
the rate to which the tax is reduced, unless the school district
income tax is repealed in an election under section 5748.04 of
the Revised Code.
If the rate at which a property tax is levied and collected
is reduced pursuant to a question approved under this section,
the tax commissioner shall compute the percentage required to be
computed for that tax under division (D) of section 319.301 of
the Revised Code each year the rate is reduced as if the tax had
been levied in the preceding year at the rate at which it has
been reduced. If the rate of a property tax increases due to the
repeal of the school district income tax pursuant to section
5748.04 of the Revised Code, the tax commissioner, for the first
year for which the rate increases, shall compute the percentage
as if the tax in the preceding year had been levied at the rate
at which the tax was authorized to be levied prior to any rate
reduction.
Section 2. That existing sections 5705.194, 5705.197, 5705.21, 5705.25,
5748.02, and 5748.03 of the
Revised Code are
hereby repealed.
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