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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H.B. No. 92 |
REPRESENTATIVE TERWILLEGER
A BILL
To amend section 5705.191 of the Revised Code to permit a simple majority of
voters at a special election to approve certain tax levies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5705.191 of the Revised Code be amended to read as
follows:
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that 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 subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of general or tuberculosis hospitals, and that the question of
such additional tax levy shall be submitted to the electors of
the subdivision at a general, primary, or special election to be
held at a time therein specified. Such resolution shall not
include a levy on the current tax list and duplicate unless such
election is to be held at or prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support of general or tuberculosis hospitals may not be for a
longer period than ten years. All other levies under this
section may not be for a longer period than five years unless a
longer period is permitted by section 5705.19 of the Revised
Code, and 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 resolution. The
resolution shall go into immediate effect upon its passage and no
publication of the same is necessary other than that provided for
in the notice of election. A copy of such resolution,
immediately after its passage, shall be certified to the board of
elections of the proper county or counties in the manner provided
by section 5705.25 of the Revised Code, and such section shall
govern the arrangements for the submission of such question and
other matters with respect to such election, to which section
5705.25 of the Revised Code refers, excepting that such election
shall be held on the date specified in the resolution, which
shall be consistent with the requirements of section 3501.01 of
the Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year
and provided that a special election may be held upon the same
day a primary election is held. 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 in an
election held on the day of a primary, presidential primary, or general
election, or fifty-five per cent of those voting on the question at a
special election held on any other day vote in favor thereof,
or, when the question is a levy proposed for purposes under
division (L) of section 5705.19 of the Revised Code, if a
majority of those voting on the question at a special election
held on any other day vote in favor thereof, the taxing authority
of the subdivision may make the necessary levy within such
subdivision at the additional rate or at any lesser rate outside
the ten-mill limitation on the tax list and duplicate for the
purpose stated in the resolution. Such tax levy shall be
included in the next annual tax budget that is certified to the
county budget commission.
After the approval of such a levy by
the
electors, the taxing authority of the subdivision may anticipate a
fraction
of the proceeds of such levy and issue anticipation notes. In
the case of a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total estimated proceeds of
the levy for the succeeding ten years, less an
amount equal to the fraction of the proceeds of the levy previously
anticipated by the issuance
of anticipation notes. In the case of a levy for a
fixed period that is not for the purpose of current expenses, notes may
be issued at any time after approval of the levy in an amount not more
than fifty per cent of the total estimated proceeds of the levy
throughout the remaining life of the levy, less an amount
equal to the fraction of the proceeds of the levy previously anticipated by
the issuance of anticipation notes. In the case
of a levy for current expenses, notes may be issued after the
approval of the levy by the electors and prior to the time when the
first tax collection from the levy can be made. Such notes may
be issued in an amount not more than fifty per cent of the total
estimated proceeds of the levy throughout the term of the levy
in the case of a levy for a fixed period, or fifty per cent of
the total estimated proceeds for the first ten years of the levy
in the case of a continuing levy.
No anticipation notes that increase the net
indebtedness of a county may be issued without the prior consent
of the board of county commissioners of that county. 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 exceeding the life of
the levy anticipated, and may have a principal payment in the
year of their issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Section 2. That existing section 5705.191 of the Revised Code is hereby
repealed.
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