130th Ohio General Assembly
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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?
For the Tax Levy
Against the Tax Levy
"

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).
For the Tax Levy
Against the Tax Levy
"

(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)?
FOR THE TAX
AGAINST THE TAX
"

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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