The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 362As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Hoops, Allen, Calvert, C. Evans, D. Evans, Flowers, Hartnett, Jerse, Martin, Miller, T. Patton, Peterson, Schmidt, Strahorn, Aslanides, Barrett, Brown, Callender, Chandler, Cirelli, Collier, DeBose, Domenick, Gilb, Hollister, McGregor, Niehaus, Olman, Otterman, Price, Schlichter, Seaver, Seitz, Slaby, D. Stewart, J. Stewart, Walcher
A BILLTo amend sections 3318.05, 3318.052, 3318.08, 3318.44, 5705.192, and 5705.21 of the Revised Code to permit school district permanent improvements levies imposed for a limited period of time to be renewed for a continuing period of time. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3318.05, 3318.052, 3318.08, 3318.44, 5705.192, and 5705.21 of the Revised Code be amended to read as follows:
Sec. 3318.05. The conditional approval of the Ohio school
facilities commission
for a project shall lapse and the amount
reserved
and encumbered for such project shall be released unless
the school district board accepts such conditional approval within
one
hundred twenty days following the date of certification of
the
conditional approval to the school district board and the electors
of the
school district vote favorably
on both of the propositions
described in divisions
(A) and (B) of this section
within one year
of the date of such certification, except that a
school district
described in division (C) of this section does not
need to submit
the proposition described in division (B) of this
section. The
propositions
described in divisions (A) and (B) of this section
shall be combined in a single proposal. If the
district board or
the district's electors fail to meet such requirements
and the
amount reserved and encumbered for the district's project is
released, the district shall be given first priority for project
funding as
such funds become available. (A) On the question of issuing bonds of the school
district
board, for the school district's portion of the basic project
cost, in
an amount equal to the school district's
portion
of the
basic project cost less the amount of the proceeds of any
securities authorized or to be authorized under division (J) of
section 133.06 of the
Revised Code and dedicated by the school
district board to payment
of the district's portion of the basic
project cost; and (B) On the question of levying a tax the proceeds of
which
shall be used to pay the cost of maintaining the
classroom
facilities included in the project. Such tax shall be at the rate
of
not less than one-half
mill for
each dollar of valuation for a
period of twenty-three
years, subject to any
extension approved
under section 3318.061 of the Revised
Code. (C) If a school district has in place a tax levied under
section
5705.21 of the Revised Code for general ongoing permanent
improvements for a continuing period of time
and the
proceeds of such tax can be used for maintenance, the
school district need not
levy
the additional tax required under
division (B) of this section,
provided the school district board
includes in the agreement entered into
under section 3318.08 of
the Revised Code provisions earmarking an amount from the
proceeds
of that
permanent improvement tax for maintenance of classroom
facilities
equivalent to the amount of the additional tax and for
the
equivalent number of years otherwise required under this
section. (D) Proceeds of the tax to be used for maintenance of
the
classroom facilities under either division (B) or (C)
of this
section shall be deposited into a separate fund established
by the
school district for such purpose.
Sec. 3318.052. At any time after the electors of a school
district have approved either or both a property tax levied under
section 5705.21 or 5705.218 of the Revised Code for the purpose of permanent improvements, including
general ongoing permanent improvements, or a school district income
tax levied under Chapter 5748. of the Revised Code, the proceeds of either of
which, pursuant to the ballot measures approved by the electors, are not so restricted that they cannot be used to pay the costs of a project or
maintaining classroom facilities, the school district board may: (A) Within one year following the date of the certification
of the conditional approval of the school district's classroom
facilities project by the Ohio school facilities commission, enter
into a written agreement with the commission, which may be part of
an agreement entered into under section 3318.08 of the Revised
Code, and in which the school district board covenants and agrees
to do one or both of the following: (1) Apply a specified amount of available proceeds
of that property tax levy, of that school district income tax, or
of securities issued under this section, or of proceeds from any
two or more of those sources, to pay all or part of the district's
portion of the basic project cost of its classroom facilities
project; (2) Apply available proceeds of either or both a
property tax levied under section 5705.21 or 5705.218 of the
Revised Code in effect for a continuing period of time, or of a
school district income tax levied under Chapter 5748. of the
Revised Code in effect for a continuing period of time to the
payment of costs of maintaining the classroom facilities. (B) Receive, as a credit against the amount of bonds
required under sections 3318.05 and 3318.06 of the Revised Code,
to be approved by the electors of the district and issued by the
district board for the district's portion of the basic project
cost of its classroom facilities project in order for the district
to receive state assistance for the project, an amount equal to
the specified amount that the district board covenants and agrees
with the commission to apply as set forth in division (A)(1) of
this section; (C) Receive, as a credit against the amount of the tax levy
required under sections 3318.05 and 3318.06 of the Revised Code,
to be approved by the electors of the district to pay the costs of
maintaining the classroom facilities in order to receive state
assistance for the classroom facilities project, an amount
equivalent to the specified amount of proceeds the school district
board covenants and agrees with the commission to apply as
referred to in division (A)(2) of this section; (D) Apply proceeds of either or both a school district
income tax levied under Chapter 5748. of the Revised Code that may
lawfully be used to pay the costs of a classroom facilities
project or of a tax levied under section 5705.21 or 5705.218 of
the Revised Code to the payment of debt charges on and financing
costs related to securities issued under this section; (E) Issue securities to provide moneys to pay all or part of
the district's portion of the basic project cost of its classroom
facilities project in accordance with an agreement entered into
under division (A) of this section. Securities issued under this
section shall be Chapter 133. securities and may be issued as
general obligation securities or issued in anticipation of a
school district income tax or as property tax anticipation notes
under section 133.24 of the Revised Code. The district board's
resolution authorizing the issuance and sale of general obligation
securities under this section shall conform to the applicable
requirements of section 133.22 or 133.23 of the Revised Code.
Securities issued under this section shall have principal payments
during each year after the year of issuance over a period of not
more than twenty-three years and, if so determined by the district
board, during the year of issuance. Securities issued under this
section shall not be included in the calculation of net
indebtedness of the district under section 133.06 of the Revised
Code, if the resolution of the district board authorizing their
issuance and sale includes covenants to appropriate annually from
lawfully available proceeds of a property tax levied under section
5705.21 or 5705.218 of the Revised Code or of a school district
income tax levied under Chapter 5748. of the Revised Code and to
continue to levy and collect the tax in amounts necessary to pay
the debt charges on and financing costs related to the securities
as they become due. No property tax levied under section 5705.21
or 5705.218 of the Revised Code and no school district income tax
levied under Chapter 5748. of the Revised Code that is pledged, or
that the school district board has covenanted to levy, collect,
and appropriate annually, to pay the debt charges on and financing
costs related to securities issued under this section shall be
repealed while those securities are outstanding. If such a tax is
reduced by the electors of the district or by the district board
while those securities are outstanding, the school district board
shall continue to levy and collect the tax under the authority of
the original election authorizing the tax at a rate in each year
that the board reasonably estimates will produce an amount in that
year equal to the debt charges on the securities in that year, except that in the case of a school district income tax that amount shall be rounded up to the nearest one-fourth of one per cent. No state moneys shall be released for a project to which this
section applies until the proceeds of the tax securities issued
under this section that are dedicated for the payment of the
district portion of the basic project cost of its classroom
facilities project are first deposited into the district's project
construction fund.
Sec. 3318.08.
Except in the case of a joint vocational
school district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the requisite favorable vote on
the
election is obtained, or if the school district board has
resolved
to apply
the proceeds of a property tax levy or the
proceeds of an
income tax, or a combination of proceeds from such
taxes, as
authorized in
section 3318.052 of the Revised Code, the
Ohio
school facilities commission, upon
certification to it of
either
the results of the election or
the resolution under section
3318.052 of the Revised Code, shall enter
into a written agreement
with the school district board for the
construction and sale of
the project. In the case of a joint vocational school
district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the school district board of
education and the school district electors have satisfied the
conditions prescribed in division (D)(1) of section 3318.41 of the
Revised Code, the commission shall enter into an agreement with
the school district board for the construction and sale of the
project. In either case, the agreement shall
include, but need not
be
limited to, the following provisions: (A) The sale and issuance of bonds or notes in
anticipation
thereof, as soon as practicable after the execution
of the
agreement, in an amount equal to the
school district's portion of
the basic
project cost, including any securities
authorized under division (J) of
section 133.06 of the Revised
Code and dedicated by the school
district board to payment of the
district's portion of the basic
project cost of the project; provided, that if at that time the
county treasurer
of each
county in which the school district is
located has not
commenced
the collection of taxes on the general
duplicate of real
and
public utility property for the year in
which the
controlling
board approved the project, the school
district board
shall
authorize the issuance of a first installment
of bond
anticipation
notes in an amount specified by the
agreement, which
amount shall
not exceed an amount necessary to
raise the net
bonded
indebtedness of the school district as of the
date of
the
controlling board's approval to within
five thousand
dollars of
the
required level of indebtedness for the preceding
year. In the
event that a first installment of bond anticipation
notes is
issued, the school district board shall, as soon as
practicable
after the county treasurer of each county in which the
school
district is located has commenced the collection of taxes
on the
general duplicate of real and public utility property for
the
year
in which the controlling board approved the project,
authorize the
issuance of a second and
final installment of bond
anticipation
notes or a first and final
issue of bonds. The combined value of the first and second
installment of
bond anticipation notes or the value of the first
and final issue
of bonds shall be equal to the
school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first
to
retire any bond anticipation notes. Otherwise, the
proceeds of
such bonds and of any bond anticipation notes, except
the premium
and accrued interest thereon, shall be deposited in
the school
district's project construction fund. In determining
the amount
of net bonded indebtedness for the purpose of fixing
the amount of an
issue of either bonds or bond anticipation notes,
gross
indebtedness shall be reduced by moneys in the bond
retirement
fund only to the extent of the moneys therein on the
first day of
the year preceding the year in which the controlling
board approved the
project. Should there be
a decrease in the tax
valuation of
the school district so that the amount of
indebtedness
that can
be incurred on the tax duplicates for the
year in which the
controlling board approved the project is
less
than the amount of the first installment of bond
anticipation
notes, there shall be paid from the school
district's project
construction fund to the school
district's
bond retirement fund to
be applied against such notes an amount
sufficient to cause the
net bonded indebtedness of the school district,
as of the first
day of the year following the year in which the
controlling board
approved the project,
to be within five thousand dollars of the
required level of
indebtedness for the year in which the
controlling board approved the project. The
maximum
amount of
indebtedness to be incurred by any school
district board as its
share of the cost of the project is either
an amount that will
cause its net bonded
indebtedness, as of the first
day of the year
following the year in which the controlling board
approved the
project, to be
within five thousand dollars of the required level
of
indebtedness,
or
an amount equal to the required percentage of
the basic project costs,
whichever is greater. All bonds and bond
anticipation notes
shall be issued in accordance with Chapter 133.
of the Revised
Code, and notes may be renewed as provided in
section 133.22 of
the Revised Code. (B) The transfer of such funds of the school district
board
available for the project, together with the proceeds of
the
sale
of the bonds or notes, except premium, accrued interest,
and
interest included in the amount of the issue, to the school
district's project construction fund; (C)
For all school districts except joint vocational school
districts that receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the following provisions as
applicable: (1) If section 3318.052 of the Revised Code applies, the
earmarking of the
proceeds of a tax levied under section 5705.21
of the Revised Code for general ongoing permanent improvements
or
under
section 5705.218 of the Revised Code for the purpose of
permanent
improvements, or
the proceeds of a school district
income tax
levied under Chapter
5748. of the Revised Code, or the
proceeds
from a
combination of
those two taxes, in an amount to
pay all or
part of the service
charges on bonds issued to pay the
school
district portion of the
project and
an amount equivalent to all or
part of the tax
required under division
(B) of
section 3318.05 of
the Revised
Code; (2) If section 3318.052 of the Revised Code does not
apply,
either of
the following: (a) The levy of the tax authorized at the election for
the
payment of maintenance costs, as specified in
division (B) of
section 3318.05 of the Revised
Code; (b) If the school district electors have approved a
continuing
tax
for general ongoing
permanent improvements under
section 5705.21
of the Revised Code and that tax can be
used for maintenance, the
earmarking of an amount
of the proceeds from such tax for
maintenance of classroom facilities as
specified in division (B)
of
section 3318.05 of the Revised Code.
(D) For joint vocational school districts that receive
assistance under sections 3318.40 to 3318.45 of the Revised Code,
provision for deposit of school district moneys dedicated to
maintenance of the classroom facilities acquired under those
sections as prescribed in section 3318.43 of the Revised Code; (E) Dedication of any local donated contribution as
provided
for under section 3318.084 of the Revised Code, including
a
schedule for depositing such moneys applied as an offset of the
district's obligation to levy the tax described in division (B) of
section 3318.05 of the Revised Code as required under division
(D)(2) of section 3318.084 of the Revised Code; (F) Ownership of or interest in the project during the
period of
construction, which shall be divided between the
commission and the
school district board in proportion to their
respective
contributions to the school district's project
construction
fund; (G) Maintenance of the state's interest in the
project
until
any
obligations issued for the project under section 3318.26
of
the
Revised Code are no longer outstanding; (H) The insurance of the project by the school district
from
the time there is an insurable interest therein and so long
as the
state retains
any ownership or interest in the project
pursuant to
division
(F) of
this
section, in such amounts
and
against such
risks as the commission shall
require;
provided, that
the cost of
any required insurance until the
project is completed
shall be a
part of the basic project cost; (I) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved
by
the controlling board pursuant to
either section 3318.04
or
division (B)(1) of section 3318.41 of the
Revised
Code; (J) Authorization of the school district board to
advertise
for and receive construction bids for the project, for
and on
behalf of the commission, and to award
contracts in the
name of
the state subject to approval by the commission; (K) Provisions for the disbursement of moneys from the
school district's project account upon issuance by the
commission
or the commission's designated representative of vouchers
for
work
done to
be certified to the commission by the treasurer
of the
school district board; (L) Disposal of any balance left in the school district's
project construction fund upon completion of the
project; (M) Limitations upon use of the project or any part of it
so
long as any obligations
issued to finance the project under
section 3318.26 of the Revised
Code are outstanding; (N) Provision for vesting the state's interest in the
project
to the school district board when the
obligations issued
to finance the project under section 3318.26 of the
Revised Code
are outstanding; (O) Provision for deposit of an executed copy of the
agreement in the office of the commission; (P) Provision for termination of the contract and release
of
the funds encumbered at the time of the conditional approval,
if
the proceeds of the sale of the bonds of the school district
board
are not paid into the school district's project
construction
fund
and if bids for the construction of
the project have not been
taken within such period after the
execution of the agreement as
may be fixed by the
commission; (Q) Provision for the school district to maintain the
project in
accordance with a plan approved by the commission; (R)(1) For all school districts except
a district
undertaking a
project under section 3318.38 of the Revised Code
or
a joint vocational school district undertaking a project under
sections 3318.40 to 3318.45 of the Revised Code,
provision
that
all
state funds reserved and
encumbered
to pay
the state
share of
the cost of the project
pursuant to
section
3318.03 of
the
Revised
Code be spent on the
construction
or
acquisition of
the project
prior to the
expenditure of any
funds
provided by the
school
district to pay
for its share of the
project cost, unless
the
school district
certifies to the
commission that expenditure
by
the school
district is
necessary to
maintain the tax-exempt
status
of notes
or bonds issued by the
school district to pay for
its
share of the
project cost
or to
comply with applicable
temporary
investment
periods or spending
exceptions to rebate as
provided
for under
federal law in regard
to those notes or bonds,
in which
cases, the
school district
may commit to
spend, or
spend, a
portion
of the funds it
provides; (2) For
a school
district undertaking a project
under section
3318.38 of the Revised Code
or a joint vocational
school district undertaking a project under sections 3318.40 to
3318.45 of the Revised Code, provision that the state funds
reserved and encumbered and the funds provided by the school
district to pay the basic project cost of any segment of the
project, or of the entire project if it is not divided into
segments, be spent on the construction and acquisition of the
project simultaneously in proportion to the state's and the school
district's respective shares of that basic project cost as
determined under section 3318.032 of the Revised Code
or, if the
district is a joint vocational school district, under section
3318.42 of the Revised Code. (S) A provision stipulating that the commission may
prohibit
the
district from proceeding with any project if the
commission
determines that
the site is not suitable for
construction
purposes. The commission may
perform soil tests in
its
determination of whether a site is appropriate for
construction
purposes. (T) A provision stipulating that, unless otherwise
authorized by the commission, any contingency
reserve portion of
the construction budget prescribed by the
commission shall be used
only to pay costs resulting from
unforeseen job conditions, to
comply with rulings regarding
building and other codes, to pay
costs related to design
clarifications or corrections to contract
documents, and to pay
the costs of settlements or judgments
related to the project as
provided under section 3318.086 of the
Revised Code; (U) Provision stipulating that for continued release of project funds the school district board shall comply with section 3313.41 of the Revised Code throughout the project and shall notify the department of education and the Ohio community school association when the board plans to dispose of facilities by sale under that section; (V) Provision that the commission shall not approve a contract for demolition of a facility until the school district board has complied with section 3313.41 of the Revised Code relative to that facility, unless demolition of that facility is to clear a site for construction of a replacement facility included in the district's project.
Sec. 3318.44. (A) A joint vocational school district board
of education may generate the school district's portion of the
basic project cost of its project under sections 3318.40 to
3318.45 of the Revised Code using any combination of the following
means if lawfully employed for the acquisition of classroom
facilities:
(1) The issuance of securities in accordance with Chapter
133. and section 3311.20 of the Revised Code;
(2) Local donated contributions as authorized under section
3318.084 of the Revised Code;
(3) A levy for permanent improvements under section 3311.21
or 5705.21 of the Revised Code;
(4) Bonds issued pursuant to division (B) of this
section.
(B) By resolution adopted by a majority of all its members,
a school district board in order to pay all or part of the school
district's portion of its basic project cost may apply the
proceeds of a tax levied under section 5705.21 of the Revised Code
to for general ongoing permanent improvements if the proceeds of that
levy lawfully may be used for general construction, renovation,
repair, or maintenance of classroom facilities to leverage bonds
adequate to pay all or part of the school district portion of the
basic project cost of the school district's project under sections
3318.40 to 3318.45 of the Revised Code or to generate an amount
equivalent to all or part of the amount required under section
3318.43 of the Revised Code to be used for maintenance of
classroom facilities acquired under the project. Bonds issued
under this division shall be Chapter 133. securities, but the
issuance of the bonds shall not be subject to a vote of the
electors of the school district as long as the tax proceeds
earmarked for payment of the service charges on the bonds may
lawfully be used for that purpose.
No state moneys shall be released for a project to which
this division applies until the proceeds of any bonds issued under
this division that are dedicated for payment of the school
district's portion of the basic project cost are first deposited
into the school district's project construction fund.
(C) A school district board of education may adopt a
resolution proposing that any of the following questions be
combined with a question specified in section 3318.45 of the
Revised Code:
(1) A bond issue question under section 133.18 of the
Revised Code;
(2) A tax levy question under section 3311.21 of the
Revised Code;
(3) A tax levy question under section 5705.21 of the
Revised Code.
Any question described in divisions (C)(1) to (3) of this
section that is combined with a question proposed under section
3318.45 of the Revised Code shall be for the purpose of either
paying for any permanent improvement, as defined in section 133.01
of the Revised Code, or generating operating revenue specifically
for the facilities acquired under the school district's project
under Chapter 3318. of the Revised Code or for both to the extent
such purposes are permitted by the sections of law under which
each is proposed.
(D) The board of education of a joint vocational school
district that receives assistance under this section may enter
into an agreement for joint issuance of bonds as provided for in
section 3318.085 of the Revised Code.
Sec. 5705.192. (A) For the purposes of this section only,
"taxing authority" includes a township board of park commissioners
appointed
under section 511.18 of the Revised Code. (B) A taxing authority may propose to
replace an existing levy
that the taxing authority is authorized
to levy, regardless of the
section of the Revised Code under
which the authority is granted,
except a school district
emergency levy proposed pursuant to
sections 5705.194 to 5705.197
of the Revised Code. The taxing
authority may propose to replace
the existing levy in its entirety
at the rate at which it is
authorized to be levied; may propose to
replace a portion of the
existing levy at a lesser rate; or may
propose to replace the
existing levy in its entirety and increase
the rate at which it
is levied. If the taxing authority proposes
to replace an
existing levy, the proposed levy shall be called a
replacement
levy and shall be so designated on the ballot. A Except as otherwise provided in this division, a
replacement
levy shall be limited to the purpose of the existing
levy, and shall
appear separately on the ballot from, and shall not be
conjoined
with, the renewal of any other existing levy. The In the case of an existing school district levy imposed under section 5705.21 of the Revised Code for the purpose specified in division (F) of section 5705.19 of the Revised Code, the replacement for that existing levy may be for the same purpose or for the purpose of general permanent improvements as defined in section 5705.21 of the Revised Code.
The
resolution
proposing a replacement levy shall specify the purpose
of the
levy; its proposed rate expressed in mills; whether the
proposed
rate is the same as the rate of the existing levy, a
reduction,
or an increase; the extent of any reduction or increase
expressed
in mills; the first calendar year in which the levy will
be
due; and
the term of the levy, expressed in years or, if
applicable, that
it will be levied for a continuing period of
time. The sections of the Revised Code governing the maximum rate
and term of the existing levy, the contents of the resolution
that
proposed the levy, the adoption of the resolution, the
arrangements for the submission of the question of the levy, and
notice of the election also govern the respective provisions of
the proposal to replace the existing levy, except that the as provided in division (B)(1) or (2) of this section:
(1) In the case of an existing school district levy imposed under section 5705.21 of the Revised Code for the purpose specified in division (F) of section 5705.19 of the Revised Code that is to be replaced by a levy for general permanent improvements, the maximum term of the replacement levy is not limited to the term of the existing levy and may be for a continuing period of time. (2) The date
on
which the election is held shall be as follows: (1)(a) For the replacement of a levy with a fixed term of
years, the date of the general election held during the last year
the existing levy may be extended on the real and public utility
property tax list and duplicate, or the date of any election held
in the ensuing year;
(2)(b) For the replacement of a levy imposed for a continuing
period of time, the date of any election held in any year after
the year the levy to be replaced is first approved by the
electors, except that only one election on the question of
replacing the levy may be held during any calendar year.
The failure by the electors to approve a proposal to
replace
a levy imposed for a continuing period of time does not
terminate
the existing continuing levy. (B)(C) The form of the ballot at the election on the question
of a replacement levy shall be as follows:
"A replacement of a tax for the benefit of .......... (name
of subdivision or public library) for the purpose of ..........
(the 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 in valuation, for .......... (number of years
levy
is to run, or that it will be levied for a continuous period
of
time)
|
|
FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
If the proposal is to replace an existing levy and increase
the rate of the existing levy, the form of the ballot shall be
changed by adding the words
".......... mills of an existing levy
and an increase of .......... mills, to constitute" after the
words
"a replacement of." If the proposal is to replace only a
portion of an existing levy, the form of the ballot shall be
changed by adding the words
"a portion of an existing levy, being
a reduction of .......... mills, to constitute" after the words
"a
replacement of." If the tax is to be placed on the tax list of the current tax
year, the
form of the ballot shall be modified by adding at the
end of the form the
phrase
", commencing in .......... (first year
the replacement tax is
to be
levied), first due in calendar year
.......... (first calendar year
in which the tax shall be due)." 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. More than one such question may
be
submitted at the same election. (C)(D) Two existing levies, or any portion of those levies,
may
be combined into one replacement levy, so long as both of the
existing levies are for the same purpose and either both are due
to expire the same year or both are for a continuing period of
time. The question of combining all or portions of the two
existing levies into the replacement levy shall appear as one
ballot proposition before the electors. If the electors approve
the ballot proposition, all or the stated portions of the two
existing levies are replaced by one replacement levy.
(D)(E) A levy approved in excess of the ten-mill limitation
under this section shall be certified to the tax commissioner.
In
the first year of a levy approved under this section, the levy
shall be extended on the tax lists after the February settlement
succeeding the election at which the levy was
approved. If
the
levy is to be placed on the tax lists 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, which
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 levy shall be included in
the annual tax budget that is certified to the county budget
commission.
If notes are authorized to be issued in anticipation of the
proceeds of the existing levy, notes may be issued in
anticipation
of the proceeds of the replacement levy, and such
issuance is
subject to the terms and limitations governing the
issuance of
notes in anticipation of the proceeds of the existing
levy. This section does not authorize a tax to be levied in any
year after the year in which revenue is not needed for the
purpose
for which the tax is levied.
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; and "general permanent improvements" means permanent improvements without regard to the limitation of division (F) of section 5705.19 of the Revised Code that the improvements be a specific improvement or a class of improvements that may be included in a single bond issue.
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 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 the resolution and which shall be
consistent with the requirements of section 3501.01 of the
Revised Code. The 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 board of education imposes one or more existing levies for the purpose specified in division (F) of section 5705.19 of the Revised Code, the resolution may propose to renew one or more of those existing levies, or to increase or decrease a single such existing levy, for the purpose of general permanent improvements. If 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
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 the levy, the board of education
may make the necessary levy within 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.
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 the
levy
can be made, the board of education may anticipate a fraction of
the proceeds of 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 general permanent improvements for a specified number of years, or 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 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 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 for a continuing period of time, the board of education may anticipate a
fraction of the proceeds of 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 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.
Section 2. That existing sections 3318.05, 3318.052, 3318.08, 3318.44, 5705.192, and 5705.21 of the Revised Code are hereby repealed.
Section 3. The amendments by this act of section 5705.21 of the Revised Code changing the designation of levies for "general, ongoing permanent improvements" to levies for "general permanent improvements" and defining "general permanent improvements" do not change the purpose for which such levies are imposed or may be imposed. Those amendments are intended only to change the name by which such levies shall be referred to in the Revised Code and in resolutions, election notices, and ballot forms.
For the purposes of renewing or replacing an existing levy for the purpose of "general, ongoing permanent improvements" that is in effect on the effective date of this act, a renewal or replacement levy for the purpose of "general permanent improvements" shall be considered to be a levy for the same purpose as the existing levy.
|
|