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.
|
H. B. No. 480 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Brinkman, Wachtmann, Fessler, Combs, Sears
A BILL
To enact sections 306.322 and 306.55 of the Revised
Code to create an additional procedure for
subdivisions to join a regional transit authority
that levies a property tax and that includes a
county having a population of at least 400,000 and
to allow
a subdivision that is a member of such a
regional
transit authority to withdraw from the
authority.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 306.322 and 306.55 of the Revised
Code be enacted
to read as follows:
Sec. 306.322. (A) For any regional transit authority that
levies a property tax and that includes a county having a
population of at least four hundred thousand according to the most
recent federal census, the procedures of this section are in
addition to and an alternative to those established in sections
306.32 and 306.321 for joining to the regional transit authority
additional counties, municipal corporations, or townships.
(B) Any county, municipal corporation, or township may adopt
a resolution or ordinance proposing to join a regional transit
authority described in division (A) of this section. In its
resolution or ordinance, the political subdivision may propose
joining the regional transit authority for a limited period of
three years or without a time limit.
(C) The political subdivision proposing to join the regional
transit authority shall submit a copy of its resolution or
ordinance to the board of the county commissioners of each county,
the legislative authority of each municipal corporation, and the
board of trustees of each township comprising the regional transit
authority. Within thirty days of receiving the resolution or
ordinance for inclusion in the regional transit authority, the
board of the county commissioners of each county, the legislative
authority of each municipal corporation, and the board of trustees
of each township shall consider the question of whether to include
the additional subdivision in the regional transit authority,
shall adopt a resolution or ordinance approving or rejecting the
inclusion of the additional subdivision, and shall present its
resolution or ordinance to the board of trustees of the regional
transit authority.
(D) If a majority of the political subdivisions comprising
the regional transit authority approve the inclusion of the
additional political subdivision, the board of trustees of the
regional transit authority, not later than the tenth day following
the day on which the last ordinance or resolution is presented,
shall notify the subdivision proposing to join the regional
transit authority that it may certify the proposal to the board of
elections for the purpose of having the proposal placed on the
ballot at the next general election or at a special election
conducted on the day of the next primary election that occurs not
less than seventy-five days after the resolution or ordinance is
certified to the board of elections.
(E) Upon certification of a proposal to the board of
elections pursuant to this section, the board of elections shall
make the necessary arrangements for the submission of the question
to the electors of the territory to be included in the regional
transit authority qualified to vote on the question, and the
election shall be held, canvassed, and certified in the same
manner as regular elections for the election of officers of the
subdivision proposing to join the regional transit authority,
except that, if the resolution proposed the inclusion without a
time limitation the question appearing on the ballot shall read:
"Shall the territory within the .........................
(Name or names of political subdivisions to be joined) be added to
......................... ......... (Name) regional transit
authority?" and shall a(n) .......... (here insert type of tax or
taxes) at a rate of taxation not to exceed ..... (here insert
maximum tax rate or rates) be levied for all transit purposes?"
If the resolution proposed the inclusion with a three-year
time limitation, the question appearing on the ballot shall read:
"Shall the territory within the .........................
(Name or names of political subdivisions to be joined) be added to
......................... ......... (Name) regional transit
authority?" for three years and shall a(n) .......... (here insert
type of tax or taxes) at a rate of taxation not to exceed .....
(here insert maximum tax rate or rates) be levied for all transit
purposes for three years?"
(F) If the question is approved by at least a majority of the
electors voting on the question, the addition of the new territory
is immediately effective, and the regional transit authority may
extend the levy of the tax against all the taxable property within
the territory that was added. If the question is approved at a
general election or at a special election occurring prior to the
general election but after the fifteenth day of July, the regional
transit authority may amend its budget and resolution adopted
pursuant to section 5705.34 of the Revised Code, and the levy
shall be placed on the current tax list and duplicate and
collected as other taxes are collected from all taxable property
within the territorial boundaries of the regional transit
authority, including the territory within the political
subdivision added as a result of the election. If the budget of
the regional transit authority is amended pursuant to this
paragraph, the county auditor shall prepare and deliver an amended
certificate of estimated resources to reflect the change in
anticipated revenues of the regional transit authority.
(G) If the question is approved by at least a majority of the
electors voting on the question, the board of trustees of the
regional transit authority immediately shall amend the resolution
or ordinance creating the regional transit authority to include
the additional political subdivision.
(H) If the question approved by a majority of the electors
voting on the question added the subdivision for three years, the
territory of the additional county, municipal corporation, or
township in the regional transit authority shall be removed from
the territory of the regional transit authority three years after
the date the territory was added, as determined in the effective
date of the election, and shall no longer be a part of that
authority without any further action by either the political
subdivisions that were included in the authority prior to
submitting the question to the electors or of the political
subdivision added to the authority as a result of the election.
The regional transit authority reduced to its territory as it
existed prior to the inclusion of the additional county, municipal
corporation, or township, shall be entitled to levy and collect
any property taxes that it was authorized to levy and collect
prior to the enlargement of its territory and for which
authorization has not expired, as if the enlargement had not
occurred.
Sec. 306.55. Beginning November 1, 2008, any county,
municipal corporation, or township
that has created or joined a
regional transit authority that levies a property tax and that
includes a county having a population of at least four hundred
thousand according to the most recent federal census, may
withdraw from the regional transit authority in the manner
provided in this section. The board of county commissioners,
legislative authority of the municipal corporation, or board of
township trustees of the township proposing to withdraw shall
adopt a resolution to submit the question of withdrawing from the
regional transit authority to the electors of the territory to be
withdrawn and shall certify the proposal to the board of elections
for the purpose of having the proposal placed on the ballot at the
next general election or at a special election conducted on the
day of the next primary election that occurs not less than
seventy-five days after the resolution is certified to the board
of elections.
Upon certification of a proposal to the board of elections
pursuant to this section, the board of elections shall make the
necessary arrangements for the submission of the question to the
electors of the territory to be withdrawn from the regional
transit authority qualified to vote on the question, and the
election shall be held, canvassed, and certified in the same
manner as regular elections for the election of officers of the
subdivision proposing to withdraw from the regional transit
authority, except that the question appearing on the ballot shall
read:
"Shall the territory within the .........................
(Name of political subdivision to be withdrawn) be withdrawn from
......................... ......... (Name) regional transit
authority?"
If the question is approved by at least a majority of the
electors voting on the question, the withdrawal is effective one
year from the date of the certification of its passage.
The board of elections to which the resolution was certified
shall certify the results of the election to the board or
legislative authority of the subdivision that submitted the
resolution to withdraw and to the board of trustees of the
regional transit authority from which the subdivision proposed to
withdraw.
If the question of withdrawing from the regional transit
authority is approved, the power of the regional transit authority
to levy a tax on taxable property in the withdrawing subdivision
terminates, except that the authority shall continue to levy and
collect taxes for the payment of indebtedness within the territory
of the regional transit authority as it existed at the time the
indebtedness was incurred.
Upon the passage of the question proposing the withdrawal of
any subdivision from a regional transit authority, the board of
trustees of the regional transit authority shall ascertain,
apportion, and order a division of the funds on hand, credits,
moneys, and taxes in the process of collection, except for taxes
levied for the payment of indebtedness, and real and personal
property, either in money or in kind, between the authority and
the withdrawing subdivision on any equitable basis consistent with
the resolutions creating the authority and any agreements between
the withdrawing subdivision and the authority, taking into
consideration the prior contributions of the withdrawing
subdivision.
|
|