HB 129 — Limit ability to reallocate certain school property tax millage

Separateproperty 46could determinationscause shallthe betotal madetaxes charged and payable for eachcurrent expenses to be less than two per cent of the twotaxable classesvalue 47of establishedall pursuantreal property in that class that is subject to sectiontaxation 5713.041by ofthe district, the Revisedcommissioner Code.shall determine what percentages would cause the district's total taxes charged and payable for current expenses against that class, after all reductions that would otherwise be made under this section, to equal, when combined with the pre-1982 joint vocational taxes against that class, the lesser of the following:

48(a) (D)The Withsum respectof to each tax authorized to be levied by 49 each taxing district, the taxrates commissioner,at annually,which shallthose dotaxes 50are bothauthorized ofto thebe following:levied;

51(b) (1)Two Determineper bycent whatof percentage, if any, the sumstaxable leviedvalue 52of by such tax against the carryover property in each class would 53 have to be reduced for the tax to levy the same number of 54 dollars against such property in that classclass. in the current year 55 as were charged against such property by such tax in the 56 preceding year subsequent to the reduction made under this 57 section but before the reduction made under section 319.302 of 58 the Revised Code.

InThe theauditor case of a tax levied for the first time 59 that is not a renewal of an existing tax, the commissioner shall 60use determinesuch bypercentages whatin percentagemaking the sumsreduction thatrequired would otherwise be 61 levied by suchthis taxsection againstfor carryover property in each class 62 would have to be reduced to equal the amount that wouldclass. have 63 been levied if the full rate thereof had been imposed against 64 the total taxable value of such property in the preceding tax 65 year.

66(3) (2)If Certifyin eachthe percentagecase determinedof ina divisionjoint (D)(1)vocational 67school ofdistrict thisany section,percentage asrequired adjustedto underbe used in division (E)(D)(2) of this section,section 68for andeither the class of property tocould whichcause thatthe percentagetotal appliestaxes charged and payable for current expenses for that class to 69be less than two-tenths of one per cent of the auditortaxable value of eachthat countyclass, inthe whichcommissioner shall determine what percentages would cause the districtdistrict's hastotal territory.taxes charged and payable for current expenses for that class, after all reductions that would otherwise be made under this section, to equal that amount.

70 The auditor,auditor after complying with section 319.30 of the Revised 71 Code, shall reduceuse the sum to be levied by such taxpercentages against each 72 parcel of real property in themaking district by the percentagereductions sorequired 73by certifiedthis section for itsthat class.

Certification(4) If a school district is affected by division (E)(2) or (3) of this section for either class of property, and additional current expense taxes are levied or are included in the definition of taxes charged and payable, then, for the first tax year those taxes are levied or included, the reduction computed under division (D) of this section for that district shall be madecomputed byas though the 74sums Sub.of current expenses taxes levied for the district and charged against that class in the preceding tax year were equivalent to two per cent or two-tenths of one per cent, respectively, of the taxable value of all real property in that class.

H.(F) No reduction shall be made under this section in the rate at which any tax is levied.

B.(G) The commissioner may order a county auditor to furnish any information the commissioner needs to make the determinations required under division (D) or (E) of this section, and the auditor shall supply the information in the form and by the date specified in the order.

No.If the auditor fails to comply with an order issued under this division, except for good cause as determined by the commissioner, the commissioner shall withhold from such county or taxing district therein fifty per cent of state revenues to local governments pursuant to section 5747.50 of the Revised Code or shall direct the department of education and workforce to withhold therefrom fifty per cent of state revenues to school districts pursuant to Chapter 3317.

129 Page 4 As Passed by the House first day of September except in the case of a tax levied for 75 the first time, in which case certification shall be made within 76 fifteen days of the date the county auditor submits the 77 information necessary to make the required determination.

78 (E)(1) As used in division (E)(2) of this section, "pre- 79 joint vocational taxes" means, with respect to a class of 80 property, the difference between the following amounts:

81 (a) The taxes charged and payable in tax year 1981 against 82 the property in that class for the current expenses of the joint 83 vocational school district of which the school district is a 84 part after making all reductions under this section;

85 (b) Two-tenths of one per cent of the taxable value of all 86 real property in that class.

87 If the amount in division (E)(1)(b) of this section 88 exceeds the amount in division (E)(1)(a) of this section, the 89 pre-1982 joint vocational taxes shall be zero.

90 As used in divisions (E)(2) and (3) of this section, 91 "taxes charged and payable" has the same meaning as in division 92 (B)(4) of this section and excludes any tax charged and payable 93 in 1985 or thereafter from a tax levied under sections 5705.194 94 to 5705.197 or section 5705.194 or 5705.199, 5705.213, 5705.219, 95 or 5748.09 of the Revised Code that is approved by electors at 96 an election held before January 1, 2026, until the first tax 97 year, starting in tax year 2026, that section 5715.24 applies in 98 a county that includes territory of the school district.

99 (2) If in the case of a school district other than a joint 100 vocational or cooperative education school district any 101 percentage required to be used in division (D)(2) of this 102 section for either class of property could cause the total taxes 103 Sub.

H.

B.

No.

129 Page 5 As Passed by the House charged and payable for current expenses to be less than two per 104 cent of the taxable value of all real property in that class 105 that is subject to taxation by the district, the commissioner 106 shall determine what percentages would cause the district's 107 total taxes charged and payable for current expenses against 108 that class, after all reductions that would otherwise be made 109 under this section, to equal, when combined with the pre-1982 110 joint vocational taxes against that class, the lesser of the 111 following:

112 (a) The sum of the rates at which those taxes are 113 authorized to be levied;

114 (b) Two per cent of the taxable value of the property in 115 that class.

The auditor shall use such percentages in making the 116 reduction required by this section for that class.

117 (3) If in the case of a joint vocational school district 118 any percentage required to be used in division (D)(2) of this 119 section for either class of property could cause the total taxes 120 charged and payable for current expenses for that class to be 121 less than two-tenths of one per cent of the taxable value of 122 that class, the commissioner shall determine what percentages 123 would cause the district's total taxes charged and payable for 124 current expenses for that class, after all reductions that would 125 otherwise be made under this section, to equal that amount.

The 126 auditor shall use such percentages in making the reductions 127 required by this section for that class.

128 (4) If a school district is affected by division (E)(2) or 129 (3) of this section for either class of property, and additional 130 current expense taxes are levied or are included in the 131 definition of taxes charged and payable, then, for the first tax 132 year those taxes are levied or included, the reduction computed 133 Sub.

H.

B.

No.

129 Page 6 As Passed by the House under division (D) of this section for that district shall be 134 computed as though the sums of current expenses taxes levied for 135 the district and charged against that class in the preceding tax 136 year were equivalent to two per cent or two-tenths of one per 137 cent, respectively, of the taxable value of all real property in 138 that class.

139 (F) No reduction shall be made under this section in the 140 rate at which any tax is levied.

141 (G) The commissioner may order a county auditor to furnish 142 any information the commissioner needs to make the 143 determinations required under division (D) or (E) of this 144 section, and the auditor shall supply the information in the 145 form and by the date specified in the order.

If the auditor 146 fails to comply with an order issued under this division, except 147 for good cause as determined by the commissioner, the 148 commissioner shall withhold from such county or taxing district 149 therein fifty per cent of state revenues to local governments 150 pursuant to section 5747.50 of the Revised Code or shall direct 151 the department of education and workforce to withhold therefrom 152 fifty per cent of state revenues to school districts pursuant to 153 Chapter 3317.

The commissioner shall 154 withhold the distribution of such revenues until the county 155 auditor has complied with this division, and the department 156 shall withhold the distribution of such revenues until the 157 commissioner has notified the department that the county auditor 158 has complied with this division.

159 (H) If the commissioner is unable to certify a tax 160 reduction factor for either class of property in a taxing 161 district located in more than one county by the last day of 162 November because information required under division (G) of this 163section is unavailable, the commissioner may compute and certify Sub.

129 Page136th 7G.A. As Passed by the House section is unavailable, the commissioner may compute and certify 164 an estimated tax reduction factor for that district for that 165 class.

Thean estimated factortax shallreduction befactor basedfor uponthat andistrict estimatefor ofthat 166class. the unavailable information.

UponThe receipt of the actual 167 information for a taxing district that received an estimated taxfactor 168 reduction factor, the commissioner shall computebe thebased actualupon taxan 169estimate reduction factor and use that factor to compute the taxes that 170 should have been charged and payable against each parcel of 171 property for the yearunavailable forinformation. which the estimated reduction factor 172 was used.

TheUpon amountreceipt byof which the estimatedactual factorinformation resultedfor ina 173taxing andistrict overpaymentthat orreceived underpaymentan inestimated taxestax onreduction anyfactor, parcelthe commissioner shall becompute 174the addedactual totax orreduction subtractedfactor fromand theuse amountthat duefactor onto compute the taxes that should have been charged and payable against each parcel inof property for the 175year ensuingfor taxwhich year.the estimated reduction factor was used.

176The Aamount percentageby orwhich athe taxestimated reduction factor determinedresulted orin 177an computedoverpayment byor theunderpayment commissionerin undertaxes thison sectionany parcel shall be usedadded 178 solely for the purpose of reducing the sums to beor leviedsubtracted byfrom the 179amount taxdue toon whichthat itparcel appliesin for the yearensuing fortax whichyear. it was determined 180 or computed.

ItA shallpercentage notor a tax reduction factor determined or computed by the commissioner under this section shall be used insolely makingfor anythe purpose of reducing the sums to be levied by the tax computationsto 181which it applies for anythe ensuingyear taxfor year.which it was determined or computed.

182It (I) In making the determinations under division (D)(1) of 183 this section, the tax commissioner shall takenot accountbe ofused changes 184 in themaking taxableany valuetax ofcomputations carryover property resulting from 185 complaints filed under section 5715.19 of the Revised Code for 186any determinationsensuing made for the tax yearyear. in which such changes are 187 reported to the commissioner.

Such(I) changesIn shallmaking bethe reporteddeterminations tounder 188division the(D)(1) commissionerof onthis section, the firsttax abstractcommissioner ofshall realtake propertyaccount filedof 189changes within the commissionertaxable undervalue section 5715.23 of thecarryover Revisedproperty Coderesulting 190from followingcomplaints thefiled dateunder onsection which5715.19 of the complaintRevised isCode finallyfor determineddeterminations 191made byfor the boardtax ofyear revisionin orwhich bysuch achanges courtare orreported otherto authoritythe withcommissioner. 192 jurisdiction on appeal.

TheSuch taxchanges shall be reported to the commissioner shallon accountthe forfirst 193abstract suchof changesreal inproperty makingfiled with the determinationscommissioner onlyunder forsection 5715.23 of the taxRevised yearCode 194following Sub.the date on which the complaint is finally determined by the board of revision or by a court or other authority with jurisdiction on appeal.

H.The tax commissioner shall account for such changes in making the determinations only for the tax year in which the change in valuation is reported.

B.Such a valuation change shall not be used to recompute the percentages determined under division (D)(1) of this section for any prior tax year.

No.Sec.

129 Page 8 As Passed by the House in which the change in valuation is reported.

Such a valuation 195 change shall not be used to recompute the percentages determined 196 under division (D)(1) of this section for any prior tax year.

197 Sec.

As used in this section, "railroad note" 198 means a note issued pursuant to a court order in the 199 reorganization of a railroad company under section 77 of the 200 Bankruptcy Act.

201 Notwithstanding any other provision of law to the 202 contrary, with respect to all payments received in settlement of 203 claims arising from delinquent property tax charges and ordered 204 to be paid by a railroad company under a plan of reorganization 205 as ordered by a federal district court in accordance with 206 provisions of Chapter VIII of the "Federal Bankruptcy Act," 11 207 U.S.C.A.

208 (A) Except as provided in division (H) of this section, 209 all of such payments shall be made payable, and delivered, to 210 the county in which the taxing district sharing in a claim for 211 delinquent taxes is located.

Any notes included in such payment 212 shall be issued to such county treasurer, who shall be the 213 custodian of all of said notes, and who shall be liable therefor 214 upon the treasurer's bond until such time as said notes mature, 215 are sold, or otherwise lawfully pass from the treasurer's 216 custody.

217 (B) Upon receipt of a payment by cash or check, the county 218 treasurer shall immediately cause such funds to be paid into the 219 county treasury and credited to a special fund established for 220 this purpose, which shall be known as the "undivided bankruptcy 221 claims fund." All of such moneys soSub. received, including any 222 earned interest, shall be credited to said fund.

223 Sub.

129 Page136th 9G.A. As Passed by the House (C) When the total claim for each county has been 224 satisfied by the receipt of cash or notes, or both, the county 225 auditor shall remit from the tax list and duplicate of real and 226 public utility property in each county, all charges appearing 227 thereon in the name of the railroad company for which such 228 payment has been made, which are delinquent and unpaid from any 229 year previous to the tax year 1977.

230so (D)received, Atincluding any timeearned thatinterest, fundsshall arebe presentcredited in the undivided 231 bankruptcy claims fund, either upon initial settlement or at any 232 later time, the county auditor shall, forthwith, distribute by 233 auditors' warrant, such funds to thesaid variousfund. taxing districts of 234 the county, in which the property taxes, from which the claim in 235 bankruptcy has derived, were originally charged.

The(C) fundsWhen so 236 distributed shall be apportioned among the varioustotal taxingclaim 237for authoritieseach withincounty eachhas taxingbeen districtsatisfied inby the samereceipt proportionsof 238cash asor thenotes, saidor taxesboth, werethe originallycounty levied,auditor takingshall intoremit accountfrom 239 the varioustax rateslist ofand taxationduplicate leviedof forreal differentand purposespublic forutility 240property each year in whicheach suchcounty, taxesall werecharges chargedappearing andthereon remainedin unpaid,the 241name andof anythe unpaidrailroad specialcompany assessments,for includingwhich compoundsuch interestpayment 242has thereonbeen atmade, thewhich rateare ofdelinquent sixand perunpaid centfrom perany annumyear previous to Januarythe 1,tax 243year 1978.1977.

244(D) InAt makingany suchtime distribution,that funds are present in the auditorundivided shall,bankruptcy first,claims 245fund, deducteither anupon amountinitial equalsettlement toor oneat perany centlater oftime, the totalcounty amountauditor toshall, beforthwith, 246distribute distributed,by asauditors' feeswarrant, forsuch servicesfunds ofto the countyvarious auditortaxing anddistricts 247of treasurerthe county, in makingwhich collectionthe andproperty distributiontaxes, offrom which the claim in 248bankruptcy bankruptcy.has derived, were originally charged.

SuchThe deductionfunds so distributed shall be apportioned among the various taxing authorities within each taxing district in lieuthe same proportions as the said taxes were originally levied, taking into account the various rates of alltaxation feeslevied providedfor 249different purposes for each year in sectionswhich 319.54such taxes were charged and 321.26remained ofunpaid, and any unpaid special assessments, including compound interest thereon at the Revisedrate Code.of six per cent per annum to January 1, 1978.

TheIn 250making such distribution, the auditor shall, first, deduct an amount soequal deductedto shallone beper creditedcent of the total amount to be distributed, as fees for services of the generalcounty fundauditor and treasurer in making collection and distribution of the 251claim county.in bankruptcy.

252Such Ifdeduction anyshall fundsbe receivedin pursuantlieu toof thisall sectionfees representprovided 253for Sub.in sections 319.54 and 321.26 of the Revised Code.

The amount so deducted shall be credited to the general fund of the county.

If any funds received pursuant to this section represent taxes which, if collected, would have resulted from any general or emergency levy which has since expired, such funds may be credited to the general operating fund and expended as though they are proceeds from a current levy, and if any of such funds represent taxes from any current general bond retirement levy or one which has since expired, said funds may be credited to the current bond retirement fund and used to service any current bond indebtedness, or may be credited to the general operating fund of the district, if so designated by a majority of the members of the taxing authority of the taxing district.

(E) Except as provided in division (H) of this section, when, as a part of the settlement of a claim in bankruptcy of a reorganized railroad company a county receives notes on behalf of a taxing authority in partial payment of said claim, the county treasurer shall, within a reasonable length of time, notify the taxing authority of each taxing district sharing in the claim that such notes are in the treasurer's custody.

Within sixty days of receipt of such notice, each taxing authority shall decide by a resolution approved by a majority of its members whether:

(1) The notes shall remain in custody of the county treasurer, as issued, and allowed to mature according to the terms presented on their face with the proceeds to be distributed upon maturity pursuant to division (D) of this section;

or (2) The railroad notes shall be exchanged for several new notes in denominations equal to the proportionate share, or portion thereof, of the taxing district having a share in the claim in Sub.

129 Page136th 10G.A. As Passed by the House taxes which, if collected, would have resulted from any general 254 or emergency levy which has since expired, such funds may be 255 credited to the general operating fund and expended as though 256 they are proceeds from a current levy, and if any of such funds 257 represent taxes from any current general bond retirement levy or 258 one which has since expired, said funds may be credited to the 259 current bond retirement fund and used to service any current 260 bond indebtedness, or may be credited to the general operating 261 fund of the district, if so designated by a majority of the 262 members of the taxing authority of the taxing district.

263bankruptcy (E) Except as provideddetermined in division (H)(D) of this section,section. 264 when, as a part of the settlement of a claim in bankruptcy of a 265 reorganized railroad company a county receives notes on behalf 266 of a taxing authority in partial payment of said claim, the 267 county treasurer shall, within a reasonable length of time, 268 notify the taxing authority of each taxing district sharing in 269 the claim that such notes are in the treasurer's custody.

WithinThe 270new sixtynotes daysshall ofbe receiptdistributed, ofupon suchreceipt, notice,to each taxing authority 271in shallfull decidesatisfaction byof aits resolutionclaim approvedor byin afull majoritysatisfaction of the portion of its 272claim membersrepresented whether:by the notes so received.

273If (1) The notes shallcannot remainbe issued in custodydenominations ofequal to the countytaxing 274district's treasurer,proportionate asshare, issued,the andtreasurer allowedshall certify to maturethe accordingtaxing toauthority of the 275district termsthe presentedamount onof theirnotes faceheld withby the proceedstreasurer toon bebehalf 276of distributedthe upondistrict maturityand for which notes cannot be issued pursuant to divisionthe (D)taxing ofauthority's thisdecision 277under section;this subdivision.

orUpon 278receipt (2)of Thesuch railroadcertification, notesthe shalltaxing beauthority exchangedmay forborrow severalmoney newand 279issue notes inagainst denominationssuch equalcertification to the proportionate share, or 280 portion thereof, of the taxing district having a share in the 281same claimmanner in bankruptcy as determinedis inprovided by division (D)(F) of this 282 section.

TheIf newa notestaxing shallauthority beelects distributed,the uponoption receipt,provided tounder 283division Sub.(E)(1) of this section, it may at any subsequent time elect instead the option provided under division (E)(2) of this section by resolution approved by a majority of its members.

The election of the option provided under division (E)(2) of this section becomes final upon receipt by the taxing authority of the new notes or certification distributed by the county treasurer under such division.

Each taxing authority shall certify a copy of any resolution adopted under this division to the county treasurer who shall take appropriate action as directed by each taxing authority.

(F) A taxing authority having possession of any railroad note or a treasurer's certification issued under division (E)(2) of this section may, by approval of a majority of its members, borrow money and issue its note in anticipation of the revenue payable on maturity of the railroad note and pledge the railroad note or the proceeds thereof.

Such anticipation note shall mature no later than the railroad note and shall be in an amount no greater than seventy per cent of the face amount of said railroad note.

By like action a taxing authority may sell any railroad note in its possession at public or private offering for not less than the prevailing market price.

Such a sale or borrowing shall be exempt from all other requirements and limitations of the Revised Code, including the requirements of the Uniform Bond Law.

(1) If a taxing authority desires to issue delinquent tax bonds pursuant to section 131.23 of the Revised Code prior to either receipt of any payment from a railroad in bankruptcy or utilization of the authority granted in this section, the taxing authority may determine whether or not the net amount of delinquent taxes unpledged for purposes of division (B)(5) of section 131.23 of the Revised Code shall include all or part of the delinquent taxes owed by a railroad, or, if notes have been received pursuant to this section, the unpaid principal amount of such notes.

If the taxing authority determines that any such railroad delinquencies or note amount shall be included under section 131.23 of the Revised Code, the amount which may be borrowed pursuant to this section may not exceed seventy per cent of the total face amount of railroad notes remaining after deducting the amount so included.

(2) If a taxing authority desires to issue delinquent tax bonds pursuant to section 131.23 of the Revised Code after utilization of the authority granted in this section, the net amount of delinquent taxes unpledged for purposes of division (B)(5) of section 131.23 of the Revised Code may not include the principal amount of railroad notes which have been borrowed against or sold Sub.

129 Page136th 11G.A. As Passed by the House each taxing authority in full satisfaction of its claim or in 284 full satisfaction of the portion of its claim represented by the 285 notes so received.

If notes cannot be issued in denominations 286 equal to the taxing district's proportionate share, the 287 treasurer shall certify to the taxing authority of the district 288 the amount of notes held by the treasurer on behalf of the 289 district and for which notes cannot be issued pursuant to the 290 taxing authority's decision under this subdivision.section.

Upon(G) receiptWhen 291a of such certification, the taxing authority mayreceives borrowa moneyrailroad andnote, 292the issueface notesamount againstof such certificationnote inshall thenot samebe mannerconsidered as isrevenue 293for providedany bypurpose divisionin (F)the ofyear thisin section.which the note is received.

294Upon Ifsale aor taxingmaturity authorityof elects the optionnote, providedany underproceeds 295not pledged pursuant to division (E)(1)(F) of this section,section itshall maybe atconsidered anyas subsequentunanticipated timerevenue 296from electa insteadnew thesource optionand providedall underof divisionthe (E)(2)provisions of thislaw 297pertaining sectionto bysuch resolutionrevenue, approvedincluding bysection a5705.36 majority of itsthe members.Revised Code, shall apply.

The(H) 298When electionthere ofare thepresent optionin provideda undercounty divisionnonrepresented (E)(2)taxing ofdistricts thisas 299provided sectionin becomesamended finalsubstitute uponhouse receiptbill by336 of the taxing112th authoritygeneral ofassembly, 300all of the newprovisions notesof orthis certificationsection distributedshall byapply theto countysuch 301districts, treasurerexcept underas suchfollows: division.

302(1) EachPayments taxingby authoritycash shallor certifycheck amay copybe ofmade anypayable, 303and resolutiondelivered, adopteddirectly under this division to the county treasurer 304of whothe shall take appropriate action as directed by each taxing 305district. authority.

306Any (F)notes Aincluded taxing authority having possession of any railroad 307 note or a treasurer's certification issued under division (E)(2) 308 of this section may, by approval of a majority of its members, 309 borrow money and issue its note in anticipation of the revenuesettlement 310 payable on maturity of the railroaddistrict's noteclaim andmay pledgebe theissued, railroadand 311delivered, notedirectly orto thesaid proceedstreasurer. thereof.

SuchUpon anticipationreceipt noteof shallany 312of maturesuch nopayments, laterthe thantreasurer of the railroadtaxing notedistrict and shall becertify, to the county treasurer of the county in anwhich amountthe 313district Sub.is located, the fact of such receipt and the amounts so received.

H.(2) If the claim of a nonrepresented taxing district is not paid directly to the treasurer of the district but is included with payments for the remainder of the county, cash payments included in the initial settlement shall be distributed as provided in divisions (B) and (D) of this section.

B.Any notes received as payment shall be exchanged and distributed to nonrepresented taxing districts upon receipt.

No.Sec.

129 Page 12 As Passed by the House no greater than seventy per cent of the face amount of said 314 railroad note.

By like action a taxing authority may sell any 315 railroad note in its possession at public or private offering 316 for not less than the prevailing market price.

Such a sale or 317 borrowing shall be exempt from all other requirements and 318 limitations of the Revised Code, including the requirements of 319 the Uniform Bond Law.

320 (1) If a taxing authority desires to issue delinquent tax 321 bonds pursuant to section 131.23 of the Revised Code prior to 322 either receipt of any payment from a railroad in bankruptcy or 323 utilization of the authority granted in this section, the taxing 324 authority may determine whether or not the net amount of 325 delinquent taxes unpledged for purposes of division (B)(5) of 326 section 131.23 of the Revised Code shall include all or part of 327 the delinquent taxes owed by a railroad, or, if notes have been 328 received pursuant to this section, the unpaid principal amount 329 of such notes.

If the taxing authority determines that any such 330 railroad delinquencies or note amount shall be included under 331 section 131.23 of the Revised Code, the amount which may be 332 borrowed pursuant to this section may not exceed seventy per 333 cent of the total face amount of railroad notes remaining after 334 deducting the amount so included.

335 (2) If a taxing authority desires to issue delinquent tax 336 bonds pursuant to section 131.23 of the Revised Code after 337 utilization of the authority granted in this section, the net 338 amount of delinquent taxes unpledged for purposes of division 339 (B)(5) of section 131.23 of the Revised Code may not include the 340 principal amount of railroad notes which have been borrowed 341 against or sold pursuant to this section.

342 (G) When a taxing authority receives a railroad note, the 343 Sub.

H.

B.

No.

129 Page 13 As Passed by the House face amount of such note shall not be considered as revenue for 344 any purpose in the year in which the note is received.

Upon sale 345 or maturity of the note, any proceeds not pledged pursuant to 346 division (F) of this section shall be considered as 347 unanticipated revenue from a new source and all of the 348 provisions of law pertaining to such revenue, including section 349 5705.36 of the Revised Code, shall apply.

350 (H) When there are present in a county nonrepresented 351 taxing districts as provided in amended substitute house bill 352 of the 112th general assembly, all of the provisions of this 353 section shall apply to such districts, except as follows:

354 (1) Payments by cash or check may be made payable, and 355 delivered, directly to the treasurer of the taxing district.

Any 356 notes included in the settlement of the district's claim may be 357 issued, and delivered, directly to said treasurer.

358 Upon receipt of any of such payments, the treasurer of the 359 taxing district shall certify, to the county treasurer of the 360 county in which the district is located, the fact of such 361 receipt and the amounts so received.

362 (2) If the claim of a nonrepresented taxing district is 363 not paid directly to the treasurer of the district but is 364 included with payments for the remainder of the county, cash 365 payments included in the initial settlement shall be distributed 366 as provided in divisions (B) and (D) of this section.

Any notes 367 received as payment shall be exchanged and distributed to 368 nonrepresented taxing districts upon receipt.

369 Sec.

370 (A) "Subdivision" means any county;

371 township;

372township Sub.fire district;

H.

B.

No.

129 Page 14 As Passed by the House township fire district;

joint ambulance 373 district;

fire and 374 ambulance district;

township waste 375 disposal district;

community college 376 district;

detention facility 377 district;

a district organized under section 2151.65 of the 378 Revised Code;

a combined district organized under sections 379 2152.41 and 2151.65 of the Revised Code;

a joint-county alcohol, 380 drug addiction, and mental health service district;

a drainage 381 improvement district created under section 6131.52 of the 382 Revised Code;

a lake facilities authority created under Chapter 383 353.

a county 384 school financing district;

a city, local, exempted village, 385 cooperative education, joint vocational school district;

a 386 regional student education district created under section 387 3313.83 of the Revised Code;

or a career-technical cooperative 388 education district created under section 3313.831 of the Revised 389 Code.

390 (B) "Municipal corporation" means all municipal 391 corporations, including those that have adopted a charter under 392 Article XVIII, Ohio Constitution.

393 (C) "Taxing authority" or "bond issuing authority" means 394 any of the following:

395 (1) In the case of any county, the board of county 396 commissioners;

in the case of a municipal corporation, the 397 council or other legislative authority of the municipal 398 corporation;

in the case of a city,Sub. local, exempted village, 399 cooperative education, or joint vocational school district, the 400 board of education;

in the case of a community college district, 401 the board of trustees of the district;

in the case of a 402 Sub.

129 Page136th 15G.A. As Passed by the House technical college district, the board of trustees of the 403 district;

incity, thelocal, caseexempted ofvillage, acooperative detentioneducation, facility district, a 404 district organized under section 2151.65 of the Revised Code, or 405joint avocational combinedschool districtdistrict, organized under sections 2152.41 and 2151.65 406 of the Revised Code, the joint board of countyeducation; commissioners of 407 the district;

in the case of a township,community college district, the board of townshiptrustees 408of trustees;the district;

in the case of a jointtechnical policecollege district, the jointboard 409of policetrustees districtof board;the district;

in the case of a jointdetention firefacility district, a district organized under section 2151.65 of the 410Revised Code, or a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, the joint board of firecounty districtcommissioners trustees;of the district;

in the case of a jointtownship, 411 recreation district, the joint recreation district board of 412township trustees;

in the case of a joint-countyjoint alcohol,police drug addiction, 413 and mental health service district, the district'sjoint boardpolice ofdistrict 414board; alcohol, drug addiction, and mental health services;

in the case 415 of a joint ambulance district or a fire and ambulance district, 416 the board of trusteesfire ofdistrict thetrustees; district;

in the case of a unionjoint 417recreation cemetery district, the legislativejoint authorityrecreation ofdistrict the municipal 418 corporation and the board of townshiptrustees; trustees, acting jointly 419 as described in section 759.341 of the Revised Code;

in the case 420 of a drainagejoint-county improvementalcohol, district,drug theaddiction, boardand ofmental countyhealth 421service commissionersdistrict, of the countydistrict's inboard whichof thealcohol, drainagedrug districtaddiction, isand 422mental located;health services;

in the case of a lakejoint facilitiesambulance authority,district or a fire and ambulance district, the board 423of trustees of directors;the district;

in the case of a jointunion emergencycemetery medicaldistrict, servicesthe 424legislative district,authority of the jointmunicipal boardcorporation ofand countythe commissionersboard of alltownship 425trustees, countiesacting injointly whichas alldescribed orin anysection part759.341 of the districtRevised lies;Code;

and in 426 the case of a townshipdrainage policeimprovement district, a township fire 427 district, a township road district, or a township waste disposal 428 district, the board of townshipcounty trusteescommissioners of the townshipcounty in 429 which the drainage district is located.located;

430in (2) The educational service center governing board that 431 serves as the taxingcase authority of a countylake schoolfacilities financingauthority, 432the districtboard as provided in section 3311.50 of thedirectors; Revised Code, the 433 Sub.

in the case of a joint emergency medical services district, the joint board of county commissioners of all counties in which all or any part of the district lies;

and in the case of a township police district, a township fire district, a township road district, or a township waste disposal district, the board of township trustees of the township in which the district is located.

(2) The educational service center governing board that serves as the taxing authority of a county school financing district as provided in section 3311.50 of the Revised Code, the board of directors of a regional student education district created under section 3313.83 of the Revised Code, and the board of directors of a career-technical cooperative education district created under section 3313.831 of the Revised Code.

(3) The governing body responsible for levying a tax for any taxing unit for which a taxing authority is not defined pursuant to division (C)(1) or (2) of this section.

(D) "Fiscal officer" in the case of a county, means the county auditor;

in the case of a municipal corporation, the city auditor or village clerk, or an officer who, by virtue of the charter, has the duties and functions of the city auditor or village clerk, except that in the case of a municipal university the board of directors of which have assumed, in the manner provided by law, the custody and control of the funds of the university, the chief accounting officer of the university shall perform, with respect to the funds, the duties vested in the fiscal officer of the subdivision by sections 5705.41 and 5705.44 of the Revised Code;

in the case of a school district, the treasurer of the board of education;

in the case of a county school financing district, the treasurer of the educational service center governing board that serves as the taxing authority;

in the case of a township, the township fiscal officer;

in the case of a joint police district, the treasurer of the district;

in the case of a joint fire district, the clerk of the board of fire district trustees;

in the case of a joint ambulance district, the clerk of the board of trustees of the district;

in the case of a joint emergency Sub.

129 Page136th 16G.A. As Passed by the House board of directors of a regional student education district 434 created under section 3313.83 of the Revised Code, and the board 435 of directors of a career-technical cooperative education 436 district created under section 3313.831 of the Revised Code.

437medical (3)services Thedistrict, governingthe bodyperson responsibleappointed foras levyingfiscal aofficer tax for 438 any taxing unit for which a taxing authority is not defined 439 pursuant to division (C)(1)(D) orof (2)section 307.053 of thisthe section.Revised Code;

440 (D) "Fiscal officer" in the case of a county,fire meansand ambulance district, the 441person countyappointed auditor;as fiscal officer pursuant to division (B) of section 505.375 of the Revised Code;

in the case of a municipaljoint corporation,recreation thedistrict, city 442 auditor or village clerk, or an officer who, by virtue of the 443person charter,designated haspursuant the duties and functions of the city auditor or 444 village clerk, except that in the case of a municipal university 445 the board of directors of which have assumed, in the manner 446 provided by law, the custody and control of the funds of the 447 university, the chief accounting officer of the university shall 448 perform, with respect to thesection funds,755.15 the duties vested in the 449 fiscal officer of the subdivision by sections 5705.41 and 450 5705.44 of the Revised Code;

in the case of a schoolunion cemetery district, 451 the treasurerclerk of the boardmunicipal corporation designated in section 759.34 of education;the Revised Code;

in the case of a children's home district, educational service center, general health district, joint-county alcohol, drug addiction, and mental health service district, county 452library schooldistrict, financingdetention facility district, district organized under section 2151.65 of the Revised Code, a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, or a metropolitan park district for which no treasurer has been appointed pursuant to section 1545.07 of the educationalRevised 453Code, servicethe centercounty governingauditor boardof thatthe servescounty designated by law to act as the taxingauditor 454of authority;the district;

in the case of a township,metropolitan park district which has appointed a treasurer pursuant to section 1545.07 of the townshipRevised fiscalCode, 455that officer;treasurer;

in the case of a jointdrainage policeimprovement district, the treasurerauditor 456 of the district;county in which the drainage improvement district is located;

in the case of a jointlake firefacilities district,authority, the clerkfiscal 457officer ofdesignated theunder boardsection 353.02 of firethe districtRevised trustees;Code;

in the case of a jointregional 458student ambulanceeducation district, the clerkfiscal ofofficer theappointed boardpursuant ofto trusteessection 3313.83 of the 459Revised district;Code;

in the case of a jointcareer-technical emergencycooperative medicaleducation services 460 district, the person appointed as fiscal officer appointed pursuant to 461 division (D) of section 307.0533313.831 of the Revised Code;

and in theall caseother 462cases, ofthe aofficer fireresponsible andfor ambulancekeeping district, the personappropriation appointedaccounts asand fiscaldrawing 463warrants officerfor pursuantthe toexpenditure division (B) of sectionthe 505.375moneys of the 464district Sub.or taxing unit.

(E) "Permanent improvement" or "improvement" means any property, asset, or improvement with an estimated life or usefulness of five years or more, including land and interests therein, and reconstructions, enlargements, and extensions thereof having an estimated life or usefulness of five years or more.

(F) "Current operating expenses" and "current expenses" mean the lawful expenditures of a subdivision, except those for permanent improvements, and except payments for interest, sinking fund, and retirement of bonds, notes, and certificates of indebtedness of the subdivision.

(G) "Debt charges" means interest, sinking fund, and retirement charges on bonds, notes, or certificates of indebtedness.

(H) "Taxing unit" means any subdivision or other governmental district having authority to levy taxes on the property in the district or issue bonds that constitute a charge against the property of the district, including conservancy districts, metropolitan park districts, sanitary districts, road districts, and other districts.

(I) "District authority" means any board of directors, trustees, commissioners, or other officers controlling a district institution or activity that derives its income or funds from two or more subdivisions, such as the educational service center, the trustees of district children's homes, the district board of health, a joint-county alcohol, drug addiction, and mental health service district's board of alcohol, drug addiction, and mental health services, detention facility districts, a joint Sub.

129 Page136th 17G.A. As Passed by the House Revised Code;

inrecreation thedistrict caseboard of atrustees, jointdistricts recreationorganized district,under section 2151.65 of the 465Revised personCode, designatedcombined pursuantdistricts toorganized sectionunder 755.15sections 2152.41 and 2151.65 of the Revised 466Code, Code;and other such boards.

in(J) the"Tax caselist" ofand a"tax unionduplicate" cemeterymean district, the clerkgeneral oftax thelists 467and municipalduplicates corporationprescribed designatedby insections section319.28 759.34and 319.29 of the 468 Revised Code;Code.

in(K) the"Property" caseas ofapplied to a children'stax homelevy district,means 469taxable educationalproperty servicelisted center,on general healthtax district,lists joint- 470 county alcohol, drug addiction, and mentalduplicates. health service 471 district, county library district, detention facility district, 472 district organized under section 2151.65 of the Revised Code, a 473 combined district organized under sections 2152.41 and 2151.65 474 of the Revised Code, or a metropolitan park district for which 475 no treasurer has been appointed pursuant to section 1545.07 of 476 the Revised Code, the county auditor of the county designated by 477 law to act as the auditor of the district;

in(L) the"Association caselibrary ofdistrict" means a 478territory, metropolitanthe parkboundaries districtof which hasare appointeddefined aby treasurerthe 479state library board pursuant to division (I) of section 1545.073375.01 of the Revised Code, thatin treasurer;which a library association or private corporation maintains a free public library.

480(M) in"Library district" means a territory, the caseboundaries of awhich drainageare improvementdefined district,by the auditorstate oflibrary 481board pursuant to section 3375.01 of the countyRevised Code, in which the drainageboard improvementof districttrustees isof 482a located;county, municipal corporation, school district, or township public library maintains a free public library.

in(N) the"Qualifying caselibrary oflevy" ameans lakeeither facilities authority, the fiscal 483 officer designated under section 353.02 of the Revisedfollowing: Code;

in(1) 484A levy for the casesupport of a regionallibrary studentassociation educationor district,private thecorporation fiscalthat 485has officeran appointedassociation pursuantlibrary todistrict sectionwith 3313.83boundaries ofthat theare Revisednot 486identical Code;to those of a subdivision;

in(2) A levy proposed under section 5705.23 of the caseRevised Code for the support of the board of trustees of a career-technicalpublic cooperativelibrary educationthat 487has district,a thelibrary fiscaldistrict officerwith appointedboundaries pursuantthat toare sectionnot 488identical 3313.831to those of thea Revisedsubdivision. Code;

and(O) in"School alllibrary otherdistrict" cases,means thea 489school officerdistrict responsiblein forwhich keepinga thefree appropriationpublic accountslibrary andhas 490been drawingestablished warrantsthat foris under the expenditurecontrol and management of thea moneysboard of thelibrary 491trustees districtas orprovided taxingin unit.section 3375.15 of the Revised Code.

492(P) (E)"The "Permanentcounty improvement"auditor's ormarket "improvement"value" means anythe 493true property,value asset,in ormoney improvement with an estimated life or 494 usefulness of fivereal yearsproperty. or more, including land and interests 495 Sub.

(Q)(1) "Effective rate" means one of the following:

(a) For a levy that is the renewal of an existing levy or an existing levy extended to additional territory, the effective tax rate of the levy on class one property, as most recently determined by the county auditor under section 323.08 of the Revised Code;

(b) For a levy that is the increase of an existing levy, the effective tax rate of the portion of the levy equal to the rate of the existing levy on class one property, as most recently determined by the county auditor under section 323.08 of the Revised Code, plus the rate of the additional portion of the levy;

(c) For a levy that is the decrease of an existing levy, the effective tax rate of the levy on class one property, as most recently determined by the county auditor under section 323.08 of the Revised Code, and as proportionately reduced to account for the decrease pursuant to rules adopted by the tax commissioner.

(2) As used in division (Q)(1) of this section:

(a) "Effective tax rate" has the same meaning in section 323.08 of the Revised Code.

Sub.

129 Page136th 18G.A. As Passed by the House therein, and reconstructions, enlargements, and extensions 496 thereof having an estimated life or usefulness of five years or 497 more.

498(b) (F)"Class "Currentone operatingproperty" expenses"means andreal "currentproperty expenses"classified 499as meanresidential theor lawfulagricultural expendituresunder ofsection a5713.041 subdivision, except those for 500 permanent improvements, and except payments for interest, 501 sinking fund, and retirement of bonds, notes, and certificates 502 of indebtedness of the subdivision.Revised Code.

503(R) (G)"Qualifying "Debtsubdivision" charges" means interest,a sinkingtaxing fund,unit, andcreated 504by retirementone chargesor onmore bonds,member notes,authorities, with a taxing authority or certificatesany other governing authority the majority of 505the indebtedness.members of which are not required to be elected local officials.

506(S) (H)"Elected "Taxinglocal unit"official" means anya subdivisionmember orof othera 507board governmentalof districttownship havingtrustees, authoritya toboard levyof taxescounty oncommissioners, thea 508legislative propertyauthority inof thea districtmunicipal orcorporation, issuea bondsboard thatof constituteeducation of a chargecity, 509local, againstor theexempted propertyvillage ofschool the district, includingor conservancyan 510educational districts,service metropolitancenter parkgoverning districts,board, sanitaryor districts,any roadother 511township, districts,county, andor othermunicipal districts.official serving in an elected office.

512(T) (I)"Member "District authority" means anythe board of directors,commissioners 513of trustees, commissioners, or other officers controlling a 514county, district institution or activity that derives its income or 515 funds from two or more subdivisions, such as the educationalboard 516of service center, the trustees of districta children'stownship, homes, the 517legislative districtauthority board of health, a joint-countymunicipal alcohol,corporation, drugthe 518 addiction, and mental health service district's board of 519education alcohol,of druga addiction,city, andlocal, mentalor healthexempted services,village detentionschool 520district, facilityor districts,the aeducational jointservice recreationcenter districtgoverning board ofthat 521either trustees,created districtsor organizedjoined undera sectionqualifying 2151.65subdivision of the 522 Revised Code, combined districts organized under sections 523 2152.41 and 2151.65remains ofa themember Revisedthereof Code,or andhas otherterritory suchtherein. boards.

524(U) Sub."Disaster declaration" means a declaration issued by the president of the United States or the governor that an emergency exists.

H.(V) "Disaster period" means the period that begins on a date on which a disaster declaration is issued through the date that is two years following the day that the disaster declaration expires or is rescinded.

B.Sec.

No.

129 Page 19 As Passed by the House (J) "Tax list" and "tax duplicate" mean the general tax 525 lists and duplicates prescribed by sections 319.28 and 319.29 of 526 the Revised Code.

527 (K) "Property" as applied to a tax levy means taxable 528 property listed on general tax lists and duplicates.

529 (L) "Association library district" means a territory, the 530 boundaries of which are defined by the state library board 531 pursuant to division (I) of section 3375.01 of the Revised Code, 532 in which a library association or private corporation maintains 533 a free public library.

534 (M) "Library district" means a territory, the boundaries 535 of which are defined by the state library board pursuant to 536 section 3375.01 of the Revised Code, in which the board of 537 trustees of a county, municipal corporation, school district, or 538 township public library maintains a free public library.

539 (N) "Qualifying library levy" means either of the 540 following:

541 (1) A levy for the support of a library association or 542 private corporation that has an association library district 543 with boundaries that are not identical to those of a 544 subdivision;

545 (2) A levy proposed under section 5705.23 of the Revised 546 Code for the support of the board of trustees of a public 547 library that has a library district with boundaries that are not 548 identical to those of a subdivision.

549 (O) "School library district" means a school district in 550 which a free public library has been established that is under 551 the control and management of a board of library trustees as 552 provided in section 3375.15 of the Revised Code.

553 Sub.

H.

B.

No.

129 Page 20 As Passed by the House (P) "The county auditor's market value" means the true 554 value in money of real property.

555 (Q)(1) "Effective rate" means one of the following:

556 (a) For a levy that is the renewal of an existing levy or 557 an existing levy extended to additional territory, the effective 558 tax rate of the levy on class one property, as most recently 559 determined by the county auditor under section 323.08 of the 560 Revised Code;

561 (b) For a levy that is the increase of an existing levy, 562 the effective tax rate of the portion of the levy equal to the 563 rate of the existing levy on class one property, as most 564 recently determined by the county auditor under section 323.08 565 of the Revised Code, plus the rate of the additional portion of 566 the levy;

567 (c) For a levy that is the decrease of an existing levy, 568 the effective tax rate of the levy on class one property, as 569 most recently determined by the county auditor under section 570 323.08 of the Revised Code, and as proportionately reduced to 571 account for the decrease pursuant to rules adopted by the tax 572 commissioner.

573 (2) As used in division (Q)(1) of this section:

574 (a) "Effective tax rate" has the same meaning in section 575 323.08 of the Revised Code.

576 (b) "Class one property" means real property classified as 577 residential or agricultural under section 5713.041 of the 578 Revised Code.

579 (R) "Qualifying subdivision" means a taxing unit, created 580 by one or more member authorities, with a taxing authority or 581 Sub.

H.

B.

No.

129 Page 21 As Passed by the House any other governing authority the majority of the members of 582 which are not required to be elected local officials.

583 (S) "Elected local official" means a member of a board of 584 township trustees, a board of county commissioners, a 585 legislative authority of a municipal corporation, a board of 586 education of a city, local, or exempted village school district, 587 or an educational service center governing board, or any other 588 township, county, or municipal official serving in an elected 589 office.

590 (T) "Member authority" means the board of commissioners of 591 a county, the board of trustees of a township, the legislative 592 authority of a municipal corporation, the board of education of 593 a city, local, or exempted village school district, or the 594 educational service center governing board that either created 595 or joined a qualifying subdivision and remains a member thereof 596 or has territory therein.

597 (U) "Disaster declaration" means a declaration issued by 598 the president of the United States or the governor that an 599 emergency exists.

600 (V) "Disaster period" means the period that begins on a 601 date on which a disaster declaration is issued through the date 602 that is two years following the day that the disaster 603 declaration expires or is rescinded.

604 Sec.

(A) The taxing authority of each subdivision 605 may levy taxes annually, subject to the limitations of sections 606 5705.01 to 5705.47 of the Revised Code, on the real and personal 607 property within the subdivision for the purpose of paying the 608 current operating expenses of the subdivision and acquiring or 609 constructing permanent improvements.

The taxing authority of 610each Sub.subdivision and taxing unit shall, subject to the limitations of such sections, levy such taxes annually as are necessary to pay the interest and sinking fund on and retire at maturity the bonds, notes, and certificates of indebtedness of such subdivision and taxing unit, including levies in anticipation of which the subdivision or taxing unit has incurred indebtedness.

(B)(1) When a taxing authority determines that it is necessary to levy a tax outside the ten- mill limitation for any purpose authorized by the Revised Code, the taxing authority shall certify to the county auditor a resolution or ordinance requesting that the county auditor certify to the taxing authority the amounts described in division (B)(2)(B)(2)(a) of this section.

The resolution or ordinance shall state all of the following:

(a) The proposed rate of the tax, expressed in mills for each one dollar of taxable value, or the dollar amount of revenue to be generated by the proposed tax;

(b) The purpose of the tax;

(c) Whether the tax is an additional levy, a renewal of an existing tax, a renewal of an existing tax with an increase or a decrease, a reduction or decrease of an existing tax, or an extension of an existing tax to additional territory;

Sub.

129 Page136th 22G.A. As Passed by the House each subdivision and taxing unit shall, subject to the 611 limitations of such sections, levy such taxes annually as are 612 necessary to pay the interest and sinking fund on and retire at 613 maturity the bonds, notes, and certificates of indebtedness of 614 such subdivision and taxing unit, including levies in 615 anticipation of which the subdivision or taxing unit has 616 incurred indebtedness.

617(d) (B)(1)The Whensection aof taxing authority determines that it is 618 necessary to levy a tax outside the ten-mill limitation for any 619 purpose authorized by the Revised Code,Code theauthorizing taxingsubmission authorityof 620 shall certify to the countyquestion auditorof a resolution or ordinance 621 requesting that the countytax; auditor certify to the taxing 622 authority the amounts described in division (B)(2)(B)(2)(a) of 623 this section.

(e) The resolutionterm orof ordinanceyears shallof statethe alltax ofor if the 624tax following:is for a continuing period of time;

625(f) (a)That Thethe proposedtax rateis to be levied upon the entire territory of the tax,subdivision expressedor, inif millsauthorized forby 626the eachRevised oneCode, dollara description of taxablethe value,portion orof the dollarterritory amount of 627the revenuesubdivision toin bewhich generatedthe bytax theis proposedto tax;be levied;

628(g) (b) The purposedate of the tax;election at which the question of the tax shall appear on the ballot;

629(h) (c)That Whether the taxballot ismeasure anshall additionalbe levy,submitted ato renewalthe ofentire anterritory 630 existing tax, a renewal of anthe existingsubdivision taxor, withif anauthorized increaseby orthe aRevised 631Code, decrease, a reductiondescription orof decreasethe portion of anthe existingterritory tax,of orthe ansubdivision 632to extensionwhich ofthe anballot existingmeasure taxshall tobe additionalsubmitted; territory;

633(i) (d) The sectiontax ofyear in which the Revisedtax Codewill authorizingfirst submissionbe 634levied ofand the questioncalendar ofyear in which the tax;tax will first be collected;

635(j) (e)Each Thesuch termcounty ofin yearswhich of the taxsubdivision orhas ifterritory. the tax is for a 636 continuing period of time;

637The (f)board Thatof theeducation taxof isa tocity, belocal, leviedor uponexempted thevillage entireschool territorydistrict 638may also designate, in a resolution adopted under division (B)(1) of this section, an amount of the subdivisiondistrict's or,carry-over ifbalance authorizedfrom the proceeding fiscal year, based on the most recent certification made by the district under section 5705.36 of the Revised Code, aas 639reserved Sub.for expenditure on current or future permanent improvements within the following three years.

(2)(2)(a) Upon receipt of a resolution or ordinance certified under division (B)(1) of this section, the county auditor shall certify to the taxing authority each of the following, as applicable to that levy:

(a)(i) The total current tax valuation of the subdivision.

(b)(ii) The number of mills for each one dollar of taxable value that is required to generate a specified amount of revenue.

(c)(iii) Either of the following:

(i)(I) If the levy is to renew, renew and increase, renew and decrease, reduce or decrease, or extend to additional territory an existing levy that is subject to reduction under section 319.301 of the Revised Code, the levy's effective rate, expressed in dollars, rounded to the nearest dollar, for each one hundred thousand dollars of the county auditor's market value;

(ii)(II) For all other levies, the levy's rate, described in division (B)(2)(b)(B)(2)(a)(ii) or (d) (iv) of this section, expressed in dollars, rounded to the nearest dollar, for each one hundred thousand dollars of the county auditor's market value.

(d)(iv) The dollar amount of revenue, rounded to the nearest dollar, that would be generated by a specified number of mills for each one dollar of taxable value.

(e)(v) For any levy or portion of a levy except a levy or portion of a levy to pay debt charges, an estimate of the levy's annual collections, rounded to the nearest dollar, which shall be calculated assuming that the amount of the tax list of the taxing authority remains throughout the life of the levy the same as the amount of the tax list most recently certified by the auditor under division (A) of section 319.28 of the Revised Code.

Sub.

129 Page136th 23G.A. As Passed by the House description of the portion of the territory of the subdivision 640 in which the tax is to be levied;

641(f)(vi) (g)If Thethe datepurpose of the electiontax atis for current expenses or current operating expenses and the resolution is certified by a city, local, or exempted village school district, the amount by which the questioncarry-over ofbalance in the 642district's taxgeneral shalloperating appearbudget onfrom the ballot;preceding fiscal year exceeds the district's general fund expenditures made in the preceding fiscal year, expressed both in dollars and as a percentage of those expenditures.

643This (h)amount Thatand thepercentage ballot measure shall be submitteddetermined toon the 644basis entire territory of the subdivisionmost or,recent ifcertification authorizedmade by the 645district Revisedto Code,the acounty descriptionbudget ofcommission theunder portionsection of5705.36 the territory of 646 the subdivisionRevised toCode. which the ballot measure shall be submitted;

647The (i)auditor Theshall taxexclude yearany inamount whichdesignated theunder taxdivision will(B)(1) firstof bethis leviedsection andfor 648current theor calendarfuture yearpermanent improvements in whichdetermining the taxdistrict's willcarry-over firstbalance befor collected;the purpose of this computation.

649If (j)a Eachsubdivision suchis located in more than one county, the county auditor shall obtain from the county auditor of each other county in which the subdivision hasis 650located territory.the current tax valuation for the portion of the subdivision in that county.

651 The boardcounty ofauditor educationshall ofissue a city, local, or exempted 652 village school district may also designate, in a resolution 653 adopted under division (B)(1) of this section, an amount of the 654certification district'sto carry-over balance from the proceedingtaxing fiscalauthority year,within 655ten baseddays onafter thereceiving most recent certification made by the districttaxing 656authority's underresolution section 5705.36 of the Revised Code, as reserved for 657 expenditure on current or futureordinance permanentrequesting improvementsit. within 658 the following three years.

659(b) (2)(2)(a)If Upona receiptschool ofdistrict proposes to levy a resolutiontax orunder ordinancesection 6605705.194 certifiedof underthe divisionRevised (B)(1)Code on the basis that some or all of thisthe section,territory of district is covered by a disaster declaration during the countydisaster 661period, auditorthe district shall certify to the taxingdirector authorityof eacheducation ofand workforce the 662resolution following,the asdistrict adopted under division (B)(1) of this section and a copy of the applicable todisaster declaration with a request that levy:the director approve the proposed tax.

663The (a)(i)director Theshall totalcertify currentto taxthe valuationdistrict ofits approval or disapproval within fifteen days after receiving the subdivision.resolution.

664The (b)(ii)director Theshall numberonly ofapprove millsthe tax if the director finds that a disaster period exists for eachall oneor dollarpart of taxablethe 665district's valueterritory thaton isthe requireddate tothe generatedistrict aadopted specifiedthe amountresolution under division (B)(1) of 666this revenue.section and the district has been impacted by the emergency described in the disaster declaration.

667(3) Sub.Upon receiving the certification from the county auditor under division (B)(2)(B)(2)(a) of this section and, if required, the certification from the director of education and workforce under division (B)(2)(b) of this section, unless the percentage certified under division (B)(2)(f)(B)(2)(a)(vi) of this section is one hundred per cent or more, except in the case of a renewal levy, the taxing authority may adopt a resolution or ordinance stating the rate of the tax levy, expressed in mills for each one dollar of taxable value and the rate or effective rate, as applicable, in dollars for each one hundred thousand dollars of the county auditor's market value, as estimated by the county auditor, and that the taxing authority will proceed with the submission of the question of the tax to electors.

The taxing authority shall certify this resolution or ordinance, a copy of the county auditor's and director of education and workforce's certifications, a copy of any applicable disaster declaration, and the resolution or ordinance the taxing authority adopted under division (B)(1) of this section to the proper county board of elections in the manner and within the time prescribed by the section of the Revised Code governing submission of the question.

The county board of elections shall not submit the question of the tax to electors unless a copy of the county auditor's certification those certifications and, if applicable, disaster declaration accompanies the resolutions or ordinances the Sub.

129 Page136th 24G.A. As Passed by the House (c)(iii) Either of the following:

668taxing (i)(I)authority Ifcertifies the levy is to renew, renew and increase, renew 669 and decrease, reduce or decrease, or extend to additional 670 territory an existing levy that is subject to reduction under 671 section 319.301 of the Revisedboard. Code, the levy's effective rate, 672 expressed in dollars, rounded to the nearest dollar, for each 673 one hundred thousand dollars of the county auditor's market 674 value;

675Before (ii)(II)requesting Fora alltaxing otherauthority levies,to thesubmit levy'sa rate,tax describedlevy, 676any inagency division (B)(2)(b)(B)(2)(a)(ii) or (d)(iv)authority ofauthorized thisto section,make 677that expressedrequest inshall dollars,first roundedrequest to the nearestcertification dollar,from for each 678 one hundred thousand dollars of the county auditor'sauditor marketprovided 679under value.this section.

680(4) (d)(iv)This Thedivision dollaris amountsupplemental to, and not in derogation of, any similar requirement governing the certification by the county auditor of revenue,the roundedtax tovaluation of a subdivision or necessary tax rates for the 681purposes nearestof dollar,the thatsubmission wouldof bethe generatedquestion byof a specifiedtax numberin excess of 682the millsten-mill forlimitation, eachincluding onesection dollar133.18 of taxablethe value.Revised Code.

683(C) (e)(v)All Fortaxes anylevied levyon orproperty portionshall ofbe aextended levyon exceptthe atax levylist orand 684duplicate portionby ofthe acounty levyauditor to pay debt charges, an estimate of the levy'scounty 685in annualwhich collections, rounded to the nearestproperty dollar,is whichlocated, and shall 686 be calculatedcollected assumingby that the amountcounty oftreasurer the tax list of thesuch 687county taxingin authority remains throughout the lifesame ofmanner theand levyunder the 688 same aslaws theand amountrules ofas theare taxprescribed listfor most recently certified by 689 the auditorassessment underand divisioncollection (A) of sectioncounty 319.28taxes. of the Revised 690 Code.

691The (f)(vi)proceeds If the purpose of theany tax islevied forby current expenses 692 or currentfor operatingany expensessubdivision andwhen thereceived resolution is certified by 693its afiscal city,officer local,shall orbe exempteddeposited village school district, the amount 694 by which the carry-over balance in theits district'streasury generalto 695 operating budget from the precedingcredit fiscalof year exceeds the 696appropriate Sub.fund.

H.Sec.

B.

No.

129 Page 25 As Passed by the House district's general fund expenditures made in the preceding 697 fiscal year, expressed both in dollars and as a percentage of 698 those expenditures.

This amount and percentage shall be 699 determined on the basis of the most recent certification made by 700 the district to the county budget commission under section 701 5705.36 of the Revised Code.

The auditor shall exclude any 702 amount designated under division (B)(1) of this section for 703 current or future permanent improvements in determining the 704 district's carry-over balance for the purpose of this 705 computation.

706 If a subdivision is located in more than one county, the 707 county auditor shall obtain from the county auditor of each 708 other county in which the subdivision is located the current tax 709 valuation for the portion of the subdivision in that county.

The 710 county auditor shall issue the certification to the taxing 711 authority within ten days after receiving the taxing authority's 712 resolution or ordinance requesting it.

713 (b) If a school district proposes to levy a tax under 714 section 5705.194 of the Revised Code on the basis that some or 715 all of the territory of district is covered by a disaster 716 declaration during the disaster period, the district shall 717 certify to the director of education and workforce the 718 resolution the district adopted under division (B)(1) of this 719 section and a copy of the applicable disaster declaration with a 720 request that the director approve the proposed tax.

The director 721 shall certify to the district its approval or disapproval within 722 fifteen days after receiving the resolution.

The director shall 723 only approve the tax if the director finds that a disaster 724 period exists for all or part of the district's territory on the 725 date the district adopted the resolution under division (B)(1) 726 of this section and the district has been impacted by the 727 Sub.

H.

B.

No.

129 Page 26 As Passed by the House emergency described in the disaster declaration.

728 (3) Upon receiving the certification from the county 729 auditor under division (B)(2)(B)(2)(a) of this section and, if 730 required, the certification from the director of education and 731 workforce under division (B)(2)(b) of this section, unless the 732 percentage certified under division (B)(2)(f)(B)(2)(a)(vi) of 733 this section is one hundred per cent or more, except in the case 734 of a renewal levy, the taxing authority may adopt a resolution 735 or ordinance stating the rate of the tax levy, expressed in 736 mills for each one dollar of taxable value and the rate or 737 effective rate, as applicable, in dollars for each one hundred 738 thousand dollars of the county auditor's market value, as 739 estimated by the county auditor, and that the taxing authority 740 will proceed with the submission of the question of the tax to 741 electors.

The taxing authority shall certify this resolution or 742 ordinance, a copy of the county auditor's and director of 743 education and workforce's certifications, a copy of any 744 applicable disaster declaration, and the resolution or ordinance 745 the taxing authority adopted under division (B)(1) of this 746 section to the proper county board of elections in the manner 747 and within the time prescribed by the section of the Revised 748 Code governing submission of the question.

The county board of 749 elections shall not submit the question of the tax to electors 750 unless a copy of the county auditor's certification those 751 certifications and, if applicable, disaster declaration 752 accompanies the resolutions or ordinances the taxing authority 753 certifies to the board.

Before requesting a taxing authority to 754 submit a tax levy, any agency or authority authorized to make 755 that request shall first request the certification from the 756 county auditor provided under this section.

757 (4) This division is supplemental to, and not in 758 Sub.

H.

B.

No.

129 Page 27 As Passed by the House derogation of, any similar requirement governing the 759 certification by the county auditor of the tax valuation of a 760 subdivision or necessary tax rates for the purposes of the 761 submission of the question of a tax in excess of the ten-mill 762 limitation, including section 133.18 of the Revised Code.

763 (C) All taxes levied on property shall be extended on the 764 tax list and duplicate by the county auditor of the county in 765 which the property is located, and shall be collected by the 766 county treasurer of such county in the same manner and under the 767 same laws and rules as are prescribed for the assessment and 768 collection of county taxes.

The proceeds of any tax levied by or 769 for any subdivision when received by its fiscal officer shall be 770 deposited in its treasury to the credit of the appropriate fund.

771 Sec.

(A) AsFor usedpurposes inof this section:

772 (1) "Fiscal caution" means a state of fiscal caution 773 declared by the director of education and workforce under 774 section 3316.031 of the Revised Code.

775 (2) "Fiscal watch" means a state of fiscal watch declared 776 by the auditor of state under section 3316.03 of the Revised 777 Code.

778 (3) "Fiscal emergency" means a state of fiscal emergency 779 declared by the auditor of state under section 3316.03 of the 780 Revised Code.

781(4) (B)"Qualifying Thelevy" boardhas of education of any city, local, exempted 782 village, cooperative education, or joint vocational school 783 district at any time before the effectivesame datemeaning ofas this amendment 784 that is in fiscalsection caution,319.302 fiscal watch, or fiscal emergency or 785 is impacted by an emergency that is the subject of a disaster 786 declaration may declare by resolution that the revenueRevised thatCode. will 787 Sub.

(5) A tax shall be considered to be an "existing tax" through the year following the last year it can be placed on the tax list.

(B) The board of education of any city, local, exempted village, cooperative education, or joint vocational school district at any time before the effective date of this amendment that is in fiscal caution, fiscal watch, or fiscal emergency or is impacted by an emergency that is the subject of a disaster declaration 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 for the current expenses of the district.

The resolution shall be confined to a single purpose and shall specify that purpose.

If the levy is proposed A tax levied under division (B) of this section may not be renewed.

(C) The board of education of any city, local, exempted village, cooperative education, or joint vocational school district that levies a tax under this section that was approved by electors at an election held before January 1, 2026, may adopt a resolution to renew up to 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 ballotthat existing tax.

If two or more existing Sub.

129 Page136th 28G.A. As Passed by the House be raised by all tax levies which the district is authorized to 788 impose, when combined with state and federal revenues, will be 789 insufficient to provide for the emergency requirements of the 790 school district or to avoid an operating deficit, and that it is 791 therefore necessary to levy an additional tax in excess of the 792 ten-mill limitation for the current expenses of the district.

793levies Theare resolutionto shall be confinedincluded toin a single purposerenewal andlevy shallbut 794are not scheduled to expire in the same year, the resolution shall specify that purpose.the existing levies to be renewed shall not be levied after the year preceding the year in which the renewal levy is first imposed.

IfNotwithstanding the levyoriginal ispurpose proposedof Aany taxone leviedor undermore 795existing divisionlevies (B)that are to be in any single renewal levythe existing tax, the purpose of thisthe sectionrenewal levy may notshall be renewed.either to avoid an operating deficit or to provide for the emergency requirements of the school districtfor the current expenses of the district.

796A (C)tax Thelevied boardunder ofdivision education(C) of any city, local, exempted 797 village, cooperative education, or joint vocational school 798 district that levies a tax under this section that was approved 799 by electors at an election held before January 1, 2026, may 800be adoptrenewed afor resolution to renew all or a portion of the proceedssame 801 derived from one or more existing levies imposed pursuant to 802 this section, it shall be called a renewallesser levysum and shallin bethe sosame 803manner designatedas on the ballotof those existing taxes.tax.

IfAny twotax orlevied moreunder 804division (C) of thosethis existingsection, leviesincluding taxesany aresubsequent torenewal beof includedsuch in a singletax, 805is renewala qualifying levy taxif but are not scheduled to expire in the sametax 806 year, the resolution shall specify that thewas existingapproved leviesby toelectors 807at bean renewedelection shallheld notbefore beJanuary levied1, after2026, thewas yeara precedingsubsequent therenewal yearlevy 808described in whichthat theterm's renewaldefinition. levy is first imposed.

Notwithstanding(D) theThe 809board originalof purposeeducation of anya onecity, orlocal, moreexempted existingvillage, leviescooperative thateducation, areor tojoint 810vocational beschool indistrict anythat singlelevies renewala levy,tax theunder purposesection 5705.199 of the renewalRevised levyCode 811that was approved by electors at an election held before January 1, 2026, may shalladopt bea eitherresolution to avoidrenew anup operatingto deficitall or toa provideportion 812of for the emergencyproceeds requirementsderived offrom the schoolexisting districtfortax in the 813final currenttax expensesyear ofit theis district.levied.

AThe taxrenewal leviedlevy undershall divisionlevy 814that (C)sum, or portion thereof, for each year of thisthe sectionlevy, mayand the sum levied shall not be renewed.increased as otherwise described in section 5705.199 of the Revised Code.

815The Apurpose tax levied under division (C) of thisthe sectionrenewal islevy ashall 816be qualifyingfor levy,the ascurrent definedexpenses in section 319.302 of the Reviseddistrict. 817 Code, if it otherwise meets the requirements of a subsequent 818 Sub.

A tax levied under division (D) of this section may be renewed for the same or a lesser sum and in the same manner as the existing tax.

Any tax levied under division (D) of this section, including any subsequent renewal of such a tax, is a qualifying levy if the tax that was approved by electors at an election held before January 1, 2026, was a subsequent substitute levy as described in that term's definition.

The (E) A resolution adopted under division (B), (C), or (D) of this section shall further specify the amount of money it is necessary to raise for the specified purpose current expenses of the district for each calendar year the millage is to be imposed;

if a renewal levyresolution adopted under division (C) or (D) of this section, whether the levy is to renew all, or a portion of, the proceeds derived from one or more the existing leviestax;

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 tenfive.

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 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 adopted under division (C) of this section, or adopted under division (D) of this section to renew a tax levied under that division, shall not be placed on the ballot unless the question is submitted on a date on 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 August, during the last year the levy to be renewed existing tax may be extended on the real and Sub.

129 Page136th 29G.A. As Passed by the House renewal levy described in that definition.

819public Theutility (D)property Atax resolutionlist adoptedand underduplicate, divisionor (B)at orany (C)election ofheld 820in thisthe sectionensuing shallyear, furtherexcept specifythat if the amountresolution ofproposes moneyrenewing ittwo isor 821more necessaryexisting tolevies, raisethe forquestion theshall specifiedbe purposesubmitted currenton expensesthe date of 822 the districtgeneral foror eachprimary calendarelection yearheld during the millagelast isyear at least one of the levies to be 823renewed imposed;may be extended on that list and duplicate, or at any election held during the ensuing year.

ifFor apurposes renewalof levyresolutionthis adoptedsection underand divisionsection (C)5705.199 824 of thisthe section,Revised whetherCode, thea levy isshall be considered to renewbe all,an or"existing alevy" portionthrough 825the of,year following the proceedslast derivedyear fromit onecan orbe moreplaced existingon levies;the real and public utility property tax list and duplicate.

andA 826resolution theadopted numberunder division (D) of yearsthis insection, whichexcluding a resolution to renew a tax levied under that division, shall not be placed on the millageballot unless the question is tosubmitted beon ina effect,date 827on which a general election may includebe aheld levyduring uponthe last year the currentexisting year'stax may be extended on the tax list.list, or at any election held in the ensuing year.

The 828submission of questions to the electors under this section is subject to the limitation on the number of yearselection maydates beestablished anyby numbersection not5705.214 exceedingof tenfive.the Revised Code.

829 The questionresolution shall bego submittedinto atimmediate aeffect specialupon electionits onpassage, aand 830no datepublication specifiedof the resolution shall be necessary other than that provided for in the resolution.notice of election.

TheA datecopy shallof notthe beresolution earliershall 831immediately than eighty days after theits adoptionpassing andbe certificationcertified of the 832 resolution to the county auditor and shall be consistent with 833 the requirements of section 3501.01 of the Revisedproper Code.county.

ASection 8345705.195 resolution for a renewal levy adopted under division (C) of this 835 section shall not be placed on the ballot unless the question is 836 submitted on a date on which a special election may be held 837 under division (D) of section 3501.01 of the Revised Code,Code 838 except for the first Tuesday after the first Monday in August, 839 during the last year the levy to be renewed may be extended on 840 the real and public utility property tax list and duplicate, or 841 at any election held in the ensuing year, except that if the 842 resolution proposes renewing two or more existing levies, the 843 question shall begovern submitted on the datearrangements offor the generalsubmission or 844 primary election held during the last year at least one of thequestions 845 levies to bethe renewedelectors mayunder bethis extendedsection on that list and duplicate,other 846matters orconcerning at any election held during the ensuingelection. year.

ForPublication purposes of 847notice thisof sectionthe andelection sectionshall sectionsbe 5705.197made andin 5705.199one newspaper of thegeneral 848circulation Revisedin Code,the county once a levyweek shallfor betwo consideredconsecutive toweeks, beor anas "existingprovided 849in Sub.section 7.16 of the Revised Code, prior to the election.

H.If the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election.

B.If a majority of the electors voting on the question submitted in an election vote in favor of the levy, the board of education of the school district may make the additional levy necessary to raise the amount specified in the resolution for the purpose stated in the resolution.

No.The tax levy shall be included in the next tax budget that is certified to the county budget commission.

129After Pagethe 30approval Asof Passed by the Houselevy levy"and throughprior to the yeartime followingwhen the lastfirst yeartax itcollection from the levy can be placedmade, 850the onboard of education may anticipate a fraction of the realproceeds of the levy and publicissue utilityanticipation propertynotes taxin listan andamount duplicate.not exceeding the total estimated proceeds of the levy to be collected during the first year of the levy.

851 The submissionnotes ofshall questionsbe toissued theas electorsprovided underin thissection 852133.24 sectionof isthe subjectRevised toCode, theshall limitationhave onprincipal payments during each year after the numberyear of electiontheir 853issuance datesover establisheda byperiod sectionnot 5705.214to ofexceed five years, and may have principal payment in the Revisedyear Code.of their issuance.

854Sec. The resolution shall go into immediate effect upon its 855 passage, and no publication of the resolution shall be necessary 856 other than that provided for in the notice of election.

A copy 857 of the resolution shall immediately after its passing be 858 certified to the county auditor of the proper county.

Section 859 5705.195 of the Revised Code shall govern the arrangements for 860 the submission of questions to the electors under this section 861 and other matters concerning the election.

Publication of notice 862 of the election shall be made in one newspaper of general 863 circulation in the county once a week for two consecutive weeks, 864 or as provided in section 7.16 of the Revised Code, prior to the 865 election.

If the board of elections operates and maintains a web 866 site, the board of elections shall post notice of the election 867 on its web site for thirty days prior to the election.

If a 868 majority of the electors voting on the question submitted in an 869 election vote in favor of the levy, the board of education of 870 the school district may make the additional levy necessary to 871 raise the amount specified in the resolution for the purpose 872 stated in the resolution.

The tax levy shall be included in the 873 next tax budget that is certified to the county budget 874 commission.

875 After the approval of the levy and prior to the time when 876 the first tax collection from the levy can be made, the board of 877 education may anticipate a fraction of the proceeds of the levy 878 and issue anticipation notes in an amount not exceeding the 879 Sub.

H.

B.

No.

129 Page 31 As Passed by the House total estimated proceeds of the levy to be collected during the 880 first year of the levy.

881 The notes shall be issued as provided in section 133.24 of 882 the Revised Code, shall have principal payments during each year 883 after the year of their issuance over a period not to exceed 884 five years, and may have principal payment in the year of their 885 issuance.

886 Sec.

Within ten days after a resolution adopted 887 under division (B)(B), (C), or (C)(D) of section 5705.194 of the Revised 888 Code is certified to the county auditor as provided by that 889 section, the auditor shall calculate and certify to the taxing 890 authority the annual levy, expressed in dollars for each one 891 hundred thousand dollars of the county auditor's appraisedmarket value 892 as well as in mills for each one dollar of taxable value, 893 throughout the life of the levy which will be required to 894 produce the annual amount set forth in the resolution assuming 895 that the amount of the tax list of such subdivision remainsSub. 896 throughout the life of the levy the same as the amount of the 897 tax list most recently certified by the county auditor under 898 division (A) of section 319.28 of the Revised Code.

899 Upon receiving the certification from the county auditor, 900 if the taxing authority desires to proceed with the submission 901 of the question it shall, not less than ninety days before the 902 day of such election, certify its resolution, together with the 903 amount of the average tax levy, expressed in dollars for each 904 one hundred thousand dollars of the county auditor's appraised 905 value as well as in mills for each one dollar of taxable value, 906 as certified by the county auditor, and the number of years the 907 levy is to run to the board of elections of the county which 908 shall prepare the ballots and make other necessary arrangements 909 Sub.

129 Page136th 32G.A. As Passed by the House for the submission of the question to the voters of the 910 subdivision.

911remains Sec.throughout the life of the levy the same as the amount of the tax list most recently certified by the county auditor under division (A) of section 319.28 of the Revised Code.

For a resolution adopted under division (D) of section 5705.194 of the Revised Code, the county auditor shall also certify an estimate of the taxes charged and payable from the existing tax for the final tax year of its term.

Upon receiving the certification from the county auditor, if the taxing authority desires to proceed with the submission of the question it shall, not less than ninety days before the day of such election, certify its resolution, together with the amount of the average tax levy, expressed in dollars for each one hundred thousand dollars of the county auditor's market value as well as in mills for each one dollar of taxable value, as certified by the county auditor, the number of years the levy is to run, and, if applicable, the taxes charged and payable from the existing tax for the final tax year of its term to the board of elections of the county which shall prepare the ballots and make other necessary arrangements for the submission of the question to the voters of the subdivision.

Sec.

The election provided for in section 912 5705.194 of the Revised Code shall be held at the regular places 913 for voting in the district and shall be conducted, canvassed, 914 and certified in the same manner as regular elections in the 915 district for the election of county officers, provided that in 916 any such election in which only part of the electors of a 917 precinct are qualified to vote, the board of elections may 918 assign voters in such part to an adjoining precinct.

Such an 919 assignment may be made to an adjoining precinct in another 920 county with the consent and approval of the board of elections 921 of such other county.

Notice of the election shall be published 922 in one newspaper of general circulation in the district once a 923 week for two consecutive weeks or as provided in section 7.16 of 924 the Revised Code, prior to the election.

If the board of 925 elections operates and maintains a web site, the board of 926 elections shall post notice of the election on its web site for 927 thirty days prior to the election.

Such notice shall state the 928 annual proceeds of the proposed levy, the purpose for which such 929 proceeds are to be used, the number of years during which the 930 levy shall run, and the estimated average additional tax rate 931 expressed in dollars for each one hundred thousand dollars of 932 the county auditor's appraisedmarket value as well as in mills for 933 each one dollar of taxable value, outside the limitation imposed 934 by Ohio Constitution, Article XII, Section 2, as certified by 935 the county auditor.

936 Sec.

(A) The form of the ballot to be used at 937 the election provided for in section 5705.195 of the Revised 938 Code shall be as follows:

939"Shall a fixed-sum levy be imposed by the _____________ (here insert name of school district) for the purpose of paying the current operating expenses of the district 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 __________ mills for each $1 of taxable value, which amounts to $__________ for each $100,000 of the county auditor's market value, for a period of __________ (here insert the number of years the millage is to be imposed) years? Sub.

129 Page136th 33G.A. As Passed by the House "Shall a fixed-sum levy be imposed by the _____________ 940 (here insert name of school district) for the purpose of paying 941 the current operating expenses of the district in the sum of 942 $__________ (here insert annual amount the levy is to produce) 943 and a levy of taxes to be made outside of the ten-mill 944 limitation estimated by the county auditor to average __________ 945 mills for each $1 of taxable value, which amounts to $__________ 946 for each $100,000 of the county auditor's appraised value, for a 947 period of __________ (here insert the number of years the 948 millage is to be imposed) years? 949 FOR THE TAX LEVY AGAINST THE TAX LEVY " If the tax is to be placed on the current tax list, the 951 form of the ballot shall be modified by adding, after "years," 952 the phrase ", commencing in __________ (first year the tax is to 953 be levied), first due in calendar year __________ (first 954 calendar year in which the tax shall be due)." 955 If the levy submitted is a proposal to renew all or a 956 portion of an existing levy adopted under division (C) of 957 section 5705.194 of the Revised Code, the form of the ballot 958 specified in this section must be changed by adding the 959 following at the beginning of the form, after the first instance 960 of the term "levy":

961FOR (A)THE "RenewingTAX anLEVY existingAGAINST levy"THE inTAX LEVY " If the casetax is to be placed on the current tax list, the form of the ballot shall be modified by adding, after "years," the phrase ", commencing in __________ (first year the tax is to be levied), first due in calendar year __________ (first calendar year in which the tax shall be due)." If the levy submitted is a proposal 962 to renew all or a portion of an existing levytax adopted under division (C) or (D) of section 5705.194 of the Revised Code, the form of the ballot specified in this section must be changed by adding the samefollowing amount;at the beginning of the form, after the first instance of the term "levy":

963(A) (B) "Renewing $______ and providing an increaseexisting oflevy" 964 $______" in the case of a proposal to renew an increase;existing tax in the same amount;

965(B) Sub."Renewing part of an existing levy, being a reduction of $______" in the case of a renewal of only part of an existing tax.

H.Sec.

B.

No.

129 Page 34 As Passed by the House (C) "Renewing part of an existing levy, being a reduction 966 of $______" in the case of a renewal of only part of an existing 967 levy.

968 If the levy submitted is a proposal to renew all or a 969 portion of more than one existing levy, the form of the ballot 970 may be changed in any of the manners provided in division (A), 971 (B), or (C) of this section, or any combination of those 972 manners, as appropriate, so long as the form of the ballot 973 reflects the number of levies to be renewed, whether the amount 974 of any of the levies will be increased or decreased, the amount 975 of any such increase or decrease for each levy, and that none of 976 the existing levies to be renewed will be levied after the year 977 preceding the year in which the renewal levy is first imposed.

978 The form of the ballot shall be changed by adding the following 979 statement after "for a period of _____ years?" and before "For 980 the Tax Levy" and "Against the Tax Levy":

981 "If approved, any remaining tax years on any of the above 982 _____ (here insert the number of existing levies) existing 983 levies will not be collected after _____ (here insert the 984 current tax year or, if not the current tax year, the applicable 985 tax year)." 986 Sec.

987 (1) "School district" means a city, local, or exempted 988 village school district.

989 (2) "Joint vocational school district" means a joint 990 vocational school district created under section 3311.16 of the 991 Revised Code, and includes a cooperative education school 992 district created under section 3311.52 or 3311.521 of the 993 Revised Code and a county school financing district created 994under Sub.section 3311.50 of the Revised Code.

(3) "Total resources" means the sum of the amounts described in divisions (A)(3)(a) to (g) of this section less any reduction required under division (C)(3)(a) of this section.

(a) The state education aid for fiscal year 2015;

(b) The sum of the payments received in fiscal year 2015 for current expense levy losses under division (C)(3) of section 5727.85 and division (C)(12) of section 5751.21 of the Revised Code, as they existed at that time, excluding the portion of such payments attributable to levies for joint vocational school district purposes;

(c) The sum of fixed-sum levy loss payments received by the school district in fiscal year under division (F)(1) of section 5727.85 and division (E)(1) of section 5751.21 of the Revised Code, as they existed at that time, for fixed-sum levies charged and payable for a purpose other than paying debt charges;

(d) The district's taxes charged and payable against all property on the tax list of real and public utility property for current expense purposes for tax year 2014, including taxes charged and payable from emergency levies charged and payable under section 5705.194 of the Revised Code, excluding taxes levied for joint vocational school district purposes or levied under section 5705.23 of the Revised Code;

(e) The amount certified for fiscal year 2015 under division (A)(2) of section 3317.08 of the Revised Code;

Sub.

129 Page136th 35G.A. As Passed by the House under section 3311.50 of the Revised Code.

995(f) (3)Distributions "Totalreceived resources"during meanscalendar theyear sum2014 offrom thetaxes amountslevied 996under described in divisions (A)(3)(a) to (g) of this section less718.09 any 997 reduction required under division (C)(3)(a) of thisthe section.Revised Code;

998(g) (a)Distributions Thereceived stateduring educationfiscal aidyear for2015 fiscalfrom yearthe 2015;gross casino revenue county student fund.

999(4)(a) (b)"State Theeducation sumaid" offor thea paymentsschool receiveddistrict inmeans fiscalthe yearsum 2015of 1000state foramounts currentcomputed expensefor levythe lossesdistrict under divisionsections (C)(3)3317.022 of section 1001 5727.85 and division3317.0212 (C)(12) of section 5751.21 of the Revised 1002Code Code,after asany theyamounts existedare atadded thator time,subtracted excludingunder theSection portion263.240 of 1003Am. such payments attributable to levies for joint vocational school 1004 district purposes;

1005Sub. (c) The sum of fixed-sum levy loss payments received by 1006 the school district in fiscal year 2015 under division (F)(1) of 1007 section 5727.85 and division (E)(1) of section 5751.21 of the 1008 Revised Code, as they existed at that time, for fixed-sum levies 1009 charged and payable for a purpose other than paying debt 1010 charges;

1011 (d) The district's taxes charged and payable against all 1012 property on the tax list of real and public utility property for 1013 current expense purposes for tax year 2014, including taxes 1014 charged and payable from emergency levies charged and payable 1015 under section 5705.194 of the Revised Code, excluding taxes 1016 levied for joint vocational school district purposes or levied 1017 under section 5705.23 of the Revised Code;

1018 (e) The amount certified for fiscal year 2015 under 1019 division (A)(2) of section 3317.08 of the Revised Code;

1020 (f) Distributions received during calendar year 2014 from 1021 taxes levied under section 718.09 of the Revised Code;

1022 Sub.

H.

B.

No.

129 Page 36 As Passed by the House (g) Distributions received during fiscal year 2015 from 1023 the gross casino revenue county student fund.

1024 (4)(a) "State education aid" for a school district means 1025 the sum of state amounts computed for the district under 1026 sections 3317.022 and 3317.0212 of the Revised Code after any 1027 amounts are added or subtracted under Section 263.240 of Am.

1028 Sub.

59 of the 130th general assembly, entitled 1029 "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 1030 DISTRICTS." 1031 (b) "State education aid" for a joint vocational district 1032 means the amount computed for the district under section 3317.16 1033 of the Revised Code after any amounts are added or subtracted 1034 under Section 263.250 of Am.

59 of the 130th general 1035 assembly, entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 1036 DISTRICTS." 1037 (5) "Taxes charged and payable" means taxes charged and 1038 payable after the reduction required by section 319.301 of the 1039 Revised Code but before the reductions required by sections 1040 319.302 and 323.152 of the Revised Code.

1041 (6) "Capacity quintile" means the capacity measure 1042 quintiles determined under division (B) of this section.

1043 (7) "Threshold per cent" means the following:

1044 (a) For a school district in the lowest capacity quintile, 1045 one per cent for fiscal year 2016 and two per cent for fiscal 1046 year 2017.

1047 (b) For a school district in the second lowest capacity 1048 quintile, one and one-fourth per cent for fiscal year 2016 and 1049 two and one-half per cent for fiscal year 2017.

1050(c) Sub.For a school district in the third lowest capacity quintile, one and one-half per cent for fiscal year 2016 and three per cent for fiscal year 2017.

(d) For a school district in the second highest capacity quintile, one and three-fourths per cent for fiscal year 2016 and three and one-half per cent for fiscal year 2017.

(e) For a school district in the highest capacity quintile, two per cent for fiscal year 2016 and four per cent for fiscal year 2017.

(f) For a joint vocational school district, two per cent for fiscal year 2016 and four per cent for fiscal year 2017.

(8) "Current expense allocation" means the sum of the payments received by a school district or joint vocational school district in fiscal year 2015 for current expense levy losses under division (C)(3) of section 5727.85 and division (C)(12) of section 5751.21 of the Revised Code as they existed at that time, less any reduction required under division (C)(3)(b) of this section.

(9) "Non-current expense allocation" means the sum of the payments received by a school district or joint vocational school district in fiscal year 2015 for levy losses under division (C)(3)(c) of section 5727.85 and division (C)(12)(c) of section 5751.21 of the Revised Code, as they existed at Sub.

129 Page136th 37G.A. As Passed by the House (c) For a school district in the third lowest capacity 1051 quintile, one and one-half per cent for fiscal year 2016 and 1052 three per cent for fiscal year 2017.

1053that (d)time, Forand alevy schoollosses district in fiscal year 2015 under division (H) of section 5727.84 of the secondRevised highestCode capacityas 1054that quintile,section oneexisted andat three-fourthsthat pertime centattributable to levies for fiscaland yearpayments 2016received 1055for andlosses threeon andlevies one-halfintended perto centgenerate money for fiscalmaintenance yearof 2017.classroom facilities.

1056(10) (e)"Operating ForTPP fixed-sum levy losses" means the sum of payments received by a school district in thefiscal highestyear capacity2015 1057for quintile,levy twolosses perunder centdivision for(E) fiscalof yearsection 20165751.21 andof fourthe perRevised centCode, 1058excluding forlevy fiscallosses yearfor 2017.debt purposes.

1059(11) (f)"Operating ForS.B. a joint vocational school district, two per cent 1060 for fiscal year 2016 and four per cent for fiscal year 2017.

10613 (8)fixed-sum "Currentlevy expenselosses" allocation" means the sum of the 1062 payments received by athe school district or joint vocational 1063 school district in fiscal year 2015 for current expense levy 1064 losses under division (C)(3)(H) of section 5727.855727.84 and division (C) 1065 (12) of section 5751.21 of the Revised CodeCode, asexcluding theylevy existedlosses atfor 1066debt thatpurposes. time, less any reduction required under division (C)(3)(b) 1067 of this section.

1068(12) (9)"TPP "Non-currentfixed-sum expensedebt allocation"levy losses" means the sum of the 1069 payments received by a school district or joint vocational 1070 school district in fiscal year 2015 for levy losses under 1071 division (C)(3)(c)(E) of section 5727.85 and division (C)(12)(c) of 1072 section 5751.21 of the Revised Code, as they existed at that 1073 time, and levy losses in fiscal year 2015 under division (H) of 1074 section 5727.84 of the Revised Code as that section existed at 1075 that time attributable to levies for anddebt paymentspurposes. received for 1076 losses on levies intended to generate money for maintenance of 1077 classroom facilities.

1078(13) (10)"S.B. "Operating TPP fixed-sum levy losses" means the sum 1079 Sub.

3 fixed-sum debt levy losses" means the sum of payments received by the school district in fiscal year 2015 for levy losses under division (H) of section 5727.84 of the Revised Code for debt purposes.

(14) "Qualifying levies" means qualifying levies described in section 5751.20 of the Revised Code as that section was in effect before July 1, 2015.

(15) "Total taxable value" has the same meaning as in section 3317.02 of the Revised Code.

(B) The department of education and workforce shall rank all school districts in the order of districts' capacity measures determined under former section 3317.018 of the Revised Code from lowest to highest, and divide such ranking into quintiles, with the first quintile containing the twenty per cent of school districts having the lowest capacity measure and the fifth quintile containing the twenty per cent of school districts having the highest capacity measure.

This calculation and ranking shall be performed once, in fiscal year 2016.

(C)(1) In fiscal year 2016, payments shall be made to school districts and joint vocational school districts equal to the sum of the amounts described in divisions (C)(1)(a) or (b) and (C)(1)(c) of this section.

In fiscal year 2017, payments shall be made to school districts and joint vocational school districts equal to the amount described in division (C)(1)(a) or (b) of this section.

(a) If the ratio of the current expense allocation to total resources is equal to or less than the district's threshold percent, zero;

(b) If the ratio of the current expense allocation to total resources is greater than the district's threshold per cent, the difference between the current expense allocation and the product of the threshold percentage and total resources;

(c) For fiscal year 2016, the product of the non-current expense allocation multiplied by fifty per cent.

(2) In fiscal year 2018 and subsequent fiscal years, payments shall be made to school districts and joint vocational school districts equal to the difference obtained by subtracting the amount described in division (C)(2)(b) of this section from the amount described in division (C)(2) Sub.

129 Page136th 38G.A. As Passed by the House of payments received by a school district in fiscal year 2015 1080 for levy losses under division (E) of section 5751.21 of the 1081 Revised Code, excluding levy losses for debt purposes.

1082(a) (11)of "Operatingthis S.B.section, provided that such amount is greater than zero.

3(a) fixed-sumThe levy losses" means the 1083 sum of the payments received by the school district in fiscal year 1084 for levy losses under division (H)(C)(1)(b) ofor section(C)(2) 5727.84 of 1085this thesection Revisedfor Code,the excludingimmediately levypreceding lossesfiscal foryear; debt purposes.

1086(b) (12)One-sixteenth "TPPof fixed-sumone debtper levycent losses"of means the sumaverage of 1087the paymentstotal receivedtaxable byvalue aof schoolthe district in fiscal year 2015 for 1088tax levyyears losses2014, under2015, divisionand (E)2016. of section 5751.21 of the Revised 1089 Code for debt purposes.

1090(3)(a) (13)"Total "S.B.resources" used to compute payments under division (C)(1) of this section shall be reduced to the extent that payments distributed in fiscal year 2015 were attributable to levies no longer charged and payable for tax year 2014.

3(b) fixed-sum"Current debtexpense levyallocation" losses"used meansto thecompute sumpayments ofunder 1091division payments(C)(1) receivedof bythis thesection schoolshall districtbe inreduced fiscalto yearthe 2015extent forthat 1092the levypayments lossesdistributed underin divisionfiscal (H)year of2015 sectionwere 5727.84attributable ofto thelevies Revisedno 1093longer Codecharged and payable for debttax purposes.year 2014.

1094(4) (14)The "Qualifyingdepartment levies"of meanseducation qualifyingand leviesworkforce describedshall 1095report into sectioneach 5751.20school district and joint vocational school district the apportionment of the Revisedpayments Codeunder asdivision that(C)(1) of this section wasamong inthe 1096district's effectfunds beforebased Julyon 1,qualifying 2015.levies.

1097(D)(1) (15)Payments "Totalin taxablethe value"following hasamounts theshall samebe meaningmade asto inschool 1098districts sectionand 3317.02joint ofvocational theschool Reviseddistricts Code.in tax years 2016 through 2021:

1099(a) (B)In Thetax departmentyear of2016, education and workforce shall rank 1100 all school districts in the ordersum of districts' capacity 1101 measures determined under former section 3317.018 of the Reviseddistrict's 1102operating CodeTPP fromfixed-sum lowestlevy tolosses highest, and divideoperating suchS.B. ranking into 1103 quintiles, with the first quintile containing the twenty per 1104 cent of school districts having the lowest capacity measure and 1105 the fifth quintile containing the twenty per cent of school 1106 districts having the highest capacity measure.