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S. B. No. 231 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators LaRose, Lehner, Schaffer, Tavares
A BILL
To amend section 5705.10 of the Revised Code with
respect to the distribution of proceeds from the
sale of school district real property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5705.10 of the Revised Code be
amended to read as follows:
Sec. 5705.10. (A) All revenue derived from the general levy
for current expense within the ten-mill limitation, from any
general levy for current expense authorized by vote in excess of
the ten-mill limitation, and from sources other than the general
property tax, unless its use for a particular purpose is
prescribed by law, shall be paid into the general fund.
(B) All revenue derived from general or special levies for
debt charges, whether within or in excess of the ten-mill
limitation, which is levied for the debt charges on serial bonds,
notes, or certificates of indebtedness having a life less than
five years, shall be paid into the bond retirement fund; and all
such revenue which is levied for the debt charges on all other
bonds, notes, or certificates of indebtedness shall be paid into
the sinking fund.
(C) All revenue derived from a special levy shall be credited
to a special fund for the purpose for which the levy was made.
(D) Except as otherwise provided by resolution adopted
pursuant to section 3315.01 of the Revised Code, all revenue
derived from a source other than the general property tax and
which the law prescribes shall be used for a particular purpose,
shall be paid into a special fund for such purpose. Except as
otherwise provided by resolution adopted pursuant to section
3315.01 of the Revised Code or as otherwise provided by section
3315.40 of the Revised Code, all revenue derived from a source
other than the general property tax, for which the law does not
prescribe use for a particular purpose, including interest earned
on the principal of any special fund, regardless of the source or
purpose of the principal, shall be paid into the general fund.
(E) All proceeds from the sale of public obligations or
fractionalized interests in public obligations as defined in
section 133.01 of the Revised Code, except premium and accrued
interest, shall be paid into a special fund for the purpose of
such issue, and any interest and other income earned on money in
such special fund may be used for the purposes for which the
indebtedness was authorized or may be credited to the general fund
or other fund or account as the taxing authority authorizes and
used for the purposes of that fund or account. The premium and
accrued interest received from such sale shall be paid into the
sinking fund or the bond retirement fund of the subdivision.
(F) Except as provided in divisions (G) and (H) of this
section, if a permanent improvement of the subdivision is sold,
the amount received from the sale shall be paid into the sinking
fund, the bond retirement fund, or a special fund for the
construction or acquisition of permanent improvements; provided
that the proceeds from the sale of a public utility shall be paid
into the sinking fund or bond retirement fund to the extent
necessary to provide for the retirement of the outstanding
indebtedness incurred in the construction or acquisition of such
utility. Proceeds from the sale of property other than a permanent
improvement shall be paid into the fund from which such property
was acquired or is maintained or, if there is no such fund, into
the general fund.
(G) A township that has a population greater than fifteen
thousand according to the most recent federal decennial census and
that has declared one or more improvements in the township to be a
public purpose under section 5709.73 of the Revised Code may pay
proceeds from the sale of a permanent improvement of the township
into its general fund if both of the following conditions are
satisfied:
(1) The township fiscal officer determines that all
foreseeable public infrastructure improvements, as defined in
section 5709.40 of the Revised Code, to be made in the township in
the ten years immediately following the date the permanent
improvement is sold will have been financed through resolutions
adopted under section 5709.73 of the Revised Code on or before the
date of the sale. The fiscal officer shall provide written
certification of this determination for the township's records.
(2) The permanent improvement being sold was financed
entirely from moneys in the township's general fund.
(H) If a board of education of a school district disposes of
real property under section 3313.41 of the Revised Code, the
proceeds received from the sale shall be used to retire for either
of the following purposes:
(1) The retirement of any debt that was incurred by the
district with respect to that real property. Proceeds in excess of
the funds necessary to retire that debt may be paid into the
school district's capital and maintenance fund and used only to
pay for the costs of nonoperating capital expenses related to
technology infrastructure and equipment to be used for instruction
and assessment.
(2) Payment into a special fund for the construction or
acquisition of permanent improvements.
(I) Money paid into any fund shall be used only for the
purposes for which such fund is established.
Section 2. That existing section 5705.10 of the Revised Code
is hereby repealed.
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