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HB 28
Ohio House•In Senate Committee
Summary
HB 28, “Eliminate the authority to levy replacement property tax levies”, was introduced in the House on Jan 28, 2025 by Rep. Adam Mathews (R) with 39 co-sponsors. It was referred to Ways and Means, and last saw action on Mar 26, 2025: Referred to committee: Ways and Means.
Record
Text
HB 28 has 39 co-sponsors and 2 roll calls.
hb28/engrossed.txtAs Passed by the House136th General AssemblyRegular Session H. B. No. 282025-2026Representatives Mathews, A., Hall, T.Cosponsors: Representatives Williams, Gross, Fischer, Johnson, Teska, King,Thomas, D., Dean, John, Workman, Roemer, Click, Demetriou, Abrams, Barhorst,Claggett, Craig, Creech, Daniels, Deeter, Dovilla, Fowler Arthur, Glassburn, Hiner,Jones, Lampton, Lear, Lorenz, Mathews, T., Miller, M., Mullins, Newman, Peterson,Plummer, Robb Blasdel, Stephens, Swearingen, Willis, YoungA BILLTo amend sections 319.301, 319.302, 523.06, 11545.21, 3316.041, 3316.06, 3358.11, 3505.06, 25705.03, 5705.218, 5705.2111, 5705.221, 35705.233, 5705.261, and 5705.412 and to repeal 4section 5705.192 of the Revised Code to 5eliminate the authority to levy replacement 6property tax levies. 7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:Section 1. That sections 319.301, 319.302, 523.06, 81545.21, 3316.041, 3316.06, 3358.11, 3505.06, 5705.03, 5705.218, 95705.2111, 5705.221, 5705.233, 5705.261, and 5705.412 of the 10Revised Code be amended to read as follows: 11Sec. 319.301. (A) The reductions required by division (D) 12of this section do not apply to any of the following: 13(1) Taxes levied at whatever rate is required to produce a 14specified amount of tax money, including a tax levied under 15H. B. No. 28 Page 2As Passed by the Housesection 5705.199 or 5748.09 of the Revised Code, or an amount to 16pay debt charges; 17(2) Taxes levied within the one per cent limitation 18imposed by Section 2 of Article XII, Ohio Constitution; 19(3) Taxes provided for by the charter of a municipal 20corporation. 21(B) As used in this section: 22(1) "Real property" includes real property owned by a 23railroad. 24(2) "Carryover property" means all real property on the 25current year's tax list except: 26(a) Land and improvements that were not taxed by the 27district in both the preceding year and the current year; 28(b) Land and improvements that were not in the same class 29in both the preceding year and the current year. 30(3) "Effective tax rate" means with respect to each class 31of property: 32(a) The sum of the total taxes that would have been 33charged and payable for current expenses against real property 34in that class if each of the district's taxes were reduced for 35the current year under division (D)(1) of this section without 36regard to the application of division (E)(3) of this section 37divided by 38(b) The taxable value of all real property in that class. 39(4) "Taxes charged and payable" means the taxes charged 40and payable prior to any reduction required by section 319.302 41of the Revised Code. 42H. B. No. 28 Page 3As Passed by the House(C) The tax commissioner shall make the determinations 43required by this section each year, without regard to whether a 44taxing district has territory in a county to which section 455715.24 of the Revised Code applies for that year. Separate 46determinations shall be made for each of the two classes 47established pursuant to section 5713.041 of the Revised Code. 48(D) With respect to each tax authorized to be levied by 49each taxing district, the tax commissioner, annually, shall do 50both of the following: 51(1) Determine by what percentage, if any, the sums levied 52by such tax against the carryover property in each class would 53have to be reduced for the tax to levy the same number of 54dollars against such property in that class in the current year 55as were charged against such property by such tax in the 56preceding year subsequent to the reduction made under this 57section but before the reduction made under section 319.302 of 58the Revised Code. In the case of a tax levied for the first time 59that is not a renewal of an existing tax, the commissioner shall 60determine by what percentage the sums that would otherwise be 61levied by such tax against carryover property in each class 62would have to be reduced to equal the amount that would have 63been levied if the full rate thereof had been imposed against 64the total taxable value of such property in the preceding tax 65year. A tax or portion of a tax that is designated a replacement 66levy under section 5705.192 of the Revised Code is not a renewal 67of an existing tax for purposes of this division. 68(2) Certify each percentage determined in division (D)(1) 69of this section, as adjusted under division (E) of this section, 70and the class of property to which that percentage applies to 71the auditor of each county in which the district has territory. 72H. B. No. 28 Page 4As Passed by the HouseThe auditor, after complying with section 319.30 of the Revised 73Code, shall reduce the sum to be levied by such tax against each 74parcel of real property in the district by the percentage so 75certified for its class. Certification shall be made by the 76first day of September except in the case of a tax levied for 77the first time, in which case certification shall be made within 78fifteen days of the date the county auditor submits the 79information necessary to make the required determination. 80(E)(1) As used in division (E)(2) of this section, "pre- 811982 joint vocational taxes" means, with respect to a class of 82property, the difference between the following amounts: 83(a) The taxes charged and payable in tax year 1981 against 84the property in that class for the current expenses of the joint 85vocational school district of which the school district is a 86part after making all reductions under this section; 87(b) Two-tenths of one per cent of the taxable value of all 88real property in that class. 89If the amount in division (E)(1)(b) of this section 90exceeds the amount in division (E)(1)(a) of this section, the 91pre-1982 joint vocational taxes shall be zero. 92As used in divisions (E)(2) and (3) of this section, 93"taxes charged and payable" has the same meaning as in division 94(B)(4) of this section and excludes any tax charged and payable 95in 1985 or thereafter under sections 5705.194 to 5705.197 or 96section 5705.199, 5705.213, 5705.219, or 5748.09 of the Revised 97Code. 98(2) If in the case of a school district other than a joint 99vocational or cooperative education school district any 100percentage required to be used in division (D)(2) of this 101H. B. No. 28 Page 5As Passed by the Housesection for either class of property could cause the total taxes 102charged and payable for current expenses to be less than two per 103cent of the taxable value of all real property in that class 104that is subject to taxation by the district, the commissioner 105shall determine what percentages would cause the district's 106total taxes charged and payable for current expenses against 107that class, after all reductions that would otherwise be made 108under this section, to equal, when combined with the pre-1982 109joint vocational taxes against that class, the lesser of the 110following: 111(a) The sum of the rates at which those taxes are 112authorized to be levied; 113(b) Two per cent of the taxable value of the property in 114that class. The auditor shall use such percentages in making the 115reduction required by this section for that class. 116(3) If in the case of a joint vocational school district 117any percentage required to be used in division (D)(2) of this 118section for either class of property could cause the total taxes 119charged and payable for current expenses for that class to be 120less than two-tenths of one per cent of the taxable value of 121that class, the commissioner shall determine what percentages 122would cause the district's total taxes charged and payable for 123current expenses for that class, after all reductions that would 124otherwise be made under this section, to equal that amount. The 125auditor shall use such percentages in making the reductions 126required by this section for that class. 127(F) No reduction shall be made under this section in the 128rate at which any tax is levied. 129(G) The commissioner may order a county auditor to furnish 130H. B. No. 28 Page 6As Passed by the Houseany information the commissioner needs to make the 131determinations required under division (D) or (E) of this 132section, and the auditor shall supply the information in the 133form and by the date specified in the order. If the auditor 134fails to comply with an order issued under this division, except 135for good cause as determined by the commissioner, the 136commissioner shall withhold from such county or taxing district 137therein fifty per cent of state revenues to local governments 138pursuant to section 5747.50 of the Revised Code or shall direct 139the department of education and workforce to withhold therefrom 140fifty per cent of state revenues to school districts pursuant to 141Chapter 3317. of the Revised Code. The commissioner shall 142withhold the distribution of such revenues until the county 143auditor has complied with this division, and the department 144shall withhold the distribution of such revenues until the 145commissioner has notified the department that the county auditor 146has complied with this division. 147(H) If the commissioner is unable to certify a tax 148reduction factor for either class of property in a taxing 149district located in more than one county by the last day of 150November because information required under division (G) of this 151section is unavailable, the commissioner may compute and certify 152an estimated tax reduction factor for that district for that 153class. The estimated factor shall be based upon an estimate of 154the unavailable information. Upon receipt of the actual 155information for a taxing district that received an estimated tax 156reduction factor, the commissioner shall compute the actual tax 157reduction factor and use that factor to compute the taxes that 158should have been charged and payable against each parcel of 159property for the year for which the estimated reduction factor 160was used. The amount by which the estimated factor resulted in 161H. B. No. 28 Page 7As Passed by the Housean overpayment or underpayment in taxes on any parcel shall be 162added to or subtracted from the amount due on that parcel in the 163ensuing tax year. 164A percentage or a tax reduction factor determined or 165computed by the commissioner under this section shall be used 166solely for the purpose of reducing the sums to be levied by the 167tax to which it applies for the year for which it was determined 168or computed. It shall not be used in making any tax computations 169for any ensuing tax year. 170(I) In making the determinations under division (D)(1) of 171this section, the tax commissioner shall take account of changes 172in the taxable value of carryover property resulting from 173complaints filed under section 5715.19 of the Revised Code for 174determinations made for the tax year in which such changes are 175reported to the commissioner. Such changes shall be reported to 176the commissioner on the first abstract of real property filed 177with the commissioner under section 5715.23 of the Revised Code 178following the date on which the complaint is finally determined 179by the board of revision or by a court or other authority with 180jurisdiction on appeal. The tax commissioner shall account for 181such changes in making the determinations only for the tax year 182in which the change in valuation is reported. Such a valuation 183change shall not be used to recompute the percentages determined 184under division (D)(1) of this section for any prior tax year. 185Sec. 319.302. (A)(1) Real property that is not intended 186primarily for use in a business activity shall qualify for a 187partial exemption from real property taxation. For purposes of 188this partial exemption, "business activity" includes all uses of 189real property, except farming; leasing property for farming; 190occupying or holding property improved with single-family, two- 191H. B. No. 28 Page 8As Passed by the Housefamily, or three-family dwellings; leasing property improved 192with single-family, two-family, or three-family dwellings; or 193holding vacant land that the county auditor determines will be 194used for farming or to develop single-family, two-family, or 195three-family dwellings. For purposes of this partial exemption, 196"farming" does not include land used for the commercial 197production of timber that is receiving the tax benefit under 198section 5713.23 or 5713.31 of the Revised Code and all 199improvements connected with such commercial production of 200timber. 201(2) Each year, the county auditor shall review each parcel 202of real property to determine whether it qualifies for the 203partial exemption provided for by this section as of the first 204day of January of the current tax year. 205(B) After complying with section 319.301 of the Revised 206Code, the county auditor shall reduce the remaining sums to be 207levied by qualifying levies against each parcel of real property 208that is listed on the general tax list and duplicate of real and 209public utility property for the current tax year and that 210qualifies for partial exemption under division (A) of this 211section, and against each manufactured and mobile home that is 212taxed pursuant to division (D)(2) of section 4503.06 of the 213Revised Code and that is on the manufactured home tax list for 214the current tax year, by ten per cent, to provide a partial 215exemption for that parcel or home. For the purposes of this 216division: 217(1) "Qualifying levy" means a levy approved at an election 218held before September 29, 2013; a levy within the ten-mill 219limitation; a levy provided for by the charter of a municipal 220corporation that was levied on the tax list for tax year 2013; a 221H. B. No. 28 Page 9As Passed by the Housesubsequent renewal of any such levy; or a subsequent substitute 222for such a levy under section 5705.199 of the Revised Code. 223(2) "Qualifying levy" does not include any replacement 224imposed under section 5705.192 of the Revised Code, as it 225existed before the effective date of this amendment, of any levy 226described in division (B)(1) of this section. 227(C) Except as otherwise provided in sections 323.152, 228323.158, 323.16, 505.06, and 715.263 of the Revised Code, the 229amount of the taxes remaining after any such reduction shall be 230the real and public utility property taxes charged and payable 231on each parcel of real property, including property that does 232not qualify for partial exemption under division (A) of this 233section, and the manufactured home tax charged and payable on 234each manufactured or mobile home, and shall be the amounts 235certified to the county treasurer for collection. Upon receipt 236of the real and public utility property tax duplicate, the 237treasurer shall certify to the tax commissioner the total amount 238by which the real property taxes were reduced under this 239section, as shown on the duplicate. Such reduction shall not 240directly or indirectly affect the determination of the principal 241amount of notes that may be issued in anticipation of any tax 242levies or the amount of bonds or notes for any planned 243improvements. If after application of sections 5705.31 and 2445705.32 of the Revised Code and other applicable provisions of 245law, including divisions (F) and (I) of section 321.24 of the 246Revised Code, there would be insufficient funds for payment of 247debt charges on bonds or notes payable from taxes reduced by 248this section, the reduction of taxes provided for in this 249section shall be adjusted to the extent necessary to provide 250funds from such taxes. 251H. B. No. 28 Page 10As Passed by the House(D) The tax commissioner may adopt rules governing the 252administration of the partial exemption provided for by this 253section. 254(E) The determination of whether property qualifies for 255partial exemption under division (A) of this section is solely 256for the purpose of allowing the partial exemption under division 257(B) of this section. 258Sec. 523.06. If a merger agreement is entered into as 259required by section 523.04 of the Revised Code, this section 260does not apply. If a merger agreement is not entered into under 261section 523.04 of the Revised Code, the merger agreement shall 262contain all of the terms and conditions specified in this 263section. If a partial merger agreement is entered into under 264section 523.04 of the Revised Code, this section applies only to 265the extent any term or condition that is required by section 266523.04 of the Revised Code to be addressed in the merger 267agreement is not addressed therein. 268The terms and conditions of a merger agreement to which 269this section applies shall be as follows: 270(A) All members of each board of township trustees shall 271serve as board members of the new township. At the first general 272election for township officers occurring not less than ninety 273days after a merger is approved, the electors of the new 274township shall elect three township trustees with staggered 275terms of office. The first terms of office following the 276election shall be modified to an even number of years not to 277exceed four to allow subsequent elections for the office to be 278held in the same year as other township officers. 279(B) The township fiscal officer of the largest township, 280H. B. No. 28 Page 11As Passed by the Houseby population, shall be the township fiscal officer for the new 281township. At the first general election for township officers 282occurring not less than ninety days after the merger, the 283electors shall elect a township fiscal officer, whose first term 284of office shall be modified to an even number of years not to 285exceed four to allow subsequent elections for that office to be 286held in the same year as other township fiscal officers. 287(C) Voted property tax levies shall remain in effect for 288the parcels of real property to which they applied prior to the 289merger, and the merger shall not affect the proceeds of a tax 290levy pledged for the retirement of any debt obligation. Upon 291expiration of a property tax levy, the levy may only be replaced 292or renewed by vote of the electors in the manner provided by 293law, to apply to real property within the boundaries of the new 294township. If the millage levied inside the ten-mill limitation 295of each township merged is different, the board of township 296trustees of the new township shall immediately equalize the 297millage for the entire new township. 298(D) For purposes of the retirement of all debt obligations 299of each township merged, the township fiscal officer shall 300continue to track parcels of real property and the tax revenue 301generated on those parcels by the tax districts that were in 302place prior to the merger, and shall provide that information on 303an annual basis to the board of township trustees of the new 304township. Debt obligations that existed at the time of the 305merger shall be retired from the revenue generated from the 306parcels of real property that made up the township that incurred 307the debt before the merger. 308(E)(1) With respect to any agreement entered into under 309Chapter 4117. of the Revised Code that covers any of the 310H. B. No. 28 Page 12As Passed by the Houseemployees of the townships merged under this chapter, the state 311employment relations board, within one hundred twenty days after 312the date the merger is approved, shall designate the appropriate 313bargaining units for the employees of the new township in 314accordance with section 4117.06 of the Revised Code. 315Notwithstanding the recognition procedures prescribed in section 3164117.05 and division (A) of section 4117.07 of the Revised Code, 317the board shall conduct a representation election with respect 318to each bargaining unit designated under this division in 319accordance with divisions (B) and (C) of section 4117.07 of the 320Revised Code. If an exclusive representative is selected through 321this election, the exclusive representative shall negotiate and 322enter into an agreement with the new township in accordance with 323Chapter 4117. of the Revised Code. Until the parties reach an 324agreement, any agreement in effect on the date of the merger 325shall apply to the employees that were in the bargaining unit 326that is covered by the agreement. An agreement in existence on 327the date of the merger is terminated on the effective date of an 328agreement negotiated under this division. 329(2) If an exclusive representative is not selected, any 330agreement in effect on the date of the merger shall apply to the 331employees that were in the bargaining unit that is covered by 332the agreement and shall expire on its terms. 333(3) Each agreement entered into under Chapter 4117. of the 334Revised Code on or after the effective date of this section 335September 29, 2011, involving a new township shall contain a 336provision regarding the designation of an exclusive 337representative and bargaining units for the new township as 338described in division (E) of this section. 339(4) In addition to the laws listed in division (A) of 340H. B. No. 28 Page 13As Passed by the Housesection 4117.10 of the Revised Code that prevail over 341conflicting agreements between employee organizations and public 342employers, division (E) of this section prevails over any 343conflicting provisions of agreements between employee 344organizations and public employers that are entered into on or 345after the effective date of this section September 29, 2011, 346pursuant to Chapter 4117. of the Revised Code. 347(5) As used in division (E) of this section, "employee 348organization" and "exclusive representative" have the same 349meanings as in section 4117.01 of the Revised Code. 350(F)(1) If the boundaries of the new township are not 351coextensive with a special purpose district, the new township 352shall remain in the existing special purpose district as a 353successor to the original township, unless the special purpose 354district is dissolved. The board of township trustees of the new 355township may place a question on the ballot at the next general 356election held after the merger to conform the boundaries, 357dissolve the special purpose district, or absorb the special 358purpose district into the new township on the terms specified in 359the resolution that places the question on the ballot for 360approval of the electors of the new township. 361(2) As used in division (F) of this section, "special 362purpose district" means any geographic or political jurisdiction 363that is created under law by a township merged. 364(G) Zoning codes that existed at the time of the merger 365shall remain in effect after the merger, and the townships that 366existed before the merger shall be treated as administrative 367districts within the new township for the purposes of zoning. 368Sec. 1545.21. (A) The board of park commissioners, by 369H. B. No. 28 Page 14As Passed by the Houseresolution, may submit to the electors of the park district the 370question of levying taxes for the use of the district. The 371resolution shall declare the necessity of levying such taxes, 372shall specify the purpose for which such taxes shall be used, 373the annual rate proposed, and the number of consecutive years 374the rate shall be levied. Such resolution shall be forthwith 375certified to the board of elections in each county in which any 376part of such district is located, not later than the ninetieth 377day before the day of the election, and the question of the levy 378of taxes as provided in such resolution shall be submitted to 379the electors of the district at a special election to be held on 380whichever of the following occurs first: 381(1) The day of the next general election; 382(2) The first Tuesday after the first Monday in May in any 383calendar year, except that if a presidential primary election is 384held in that calendar year, then the day of that election. 385A resolution to renew, renew and increase, or renew and 386decrease any existing levy shall not be placed on the ballot 387unless the question is submitted at the general election held 388during the last year the tax to be renewed may be extended on 389the tax list, or at any election described in division (A)(1) or 390(2) of this section in the ensuing year. Such a resolution may 391specify that the renewal, increase, or decrease of the existing 392levy shall be extended on the tax list for the tax year 393specified in the resolution, which may be the last year the 394existing levy may be extended on the list for the ensuing year. 395If the renewal, increase, or decrease is to be extended on the 396tax list for the last tax year the existing levy would otherwise 397be extended, the existing levy shall not be extended on the tax 398list for that last year unless the question of the renewal, 399H. B. No. 28 Page 15As Passed by the Houseincrease, or decrease is not approved by a majority of electors 400voting on the question, in which case the existing levy shall be 401extended on the tax list for that last year. 402Except as otherwise prescribed in division (B) of this 403section, the ballot shall set forth the purpose for which the 404taxes shall be levied, the levy's estimated annual collections, 405the annual rate of levy, expressed in mills for each dollar of 406taxable value and in dollars for each one hundred thousand 407dollars of the county auditor's appraised value, and the number 408of years of such levy. If the tax is to be placed on the current 409tax list, the form of the ballot shall state that the tax will 410be levied in the current tax year and shall indicate the first 411calendar year the tax will be due. 412(B)(1) (B) If the resolution of the board of park 413commissioners provides that an existing levy will be renewed, 414increased, or decreased upon the passage of the ballot question, 415the form of the ballot shall be the same as prescribed for such 416levies in divisions (B) and (C) of section 5705.25 of the 417Revised Code. 418(2) If the resolution of the board of park commissioners 419provides that an existing levy will be canceled upon the passage 420of the new levy, the board shall request that the county 421auditor, in addition to the information the auditor is required 422to certify under section 5705.03 of the Revised Code, certify 423the estimated effective rate of the existing levy. In such an 424instance, the ballot must include a statement that: "an existing 425levy of ___ mills (stating the original levy millage) for each 426$1 of taxable value, which amounts to $___ (estimated effective 427rate) for each $100,000 of the county auditor's appraised value, 428having ___ years remaining, will be canceled and replaced upon 429H. B. No. 28 Page 16As Passed by the Housethe passage of this levy." In such case, the ballot may refer to 430the new levy as a "replacement levy" if the new millage does not 431exceed the original millage of the levy being canceled or as a 432"replacement and additional levy" if the new millage exceeds the 433original millage of the levy being canceled. 434(C) If a majority of the electors voting upon the question 435of such levy vote in favor thereof, such taxes shall be levied 436and shall be in addition to the taxes authorized by section 4371545.20 of the Revised Code, and all other taxes authorized by 438law. The rate submitted to the electors at any one time shall 439not exceed two mills annually upon each dollar of taxable value 440unless the purpose of the levy includes providing operating 441revenues for one of Ohio's major metropolitan zoos, as defined 442in section 4503.74 of the Revised Code, in which case the rate 443shall not exceed three mills annually upon each dollar of 444taxable value. When a tax levy has been authorized as provided 445in this section or in section 1545.041 of the Revised Code, the 446board of park commissioners may issue bonds pursuant to section 447133.24 of the Revised Code in anticipation of the collection of 448such levy, provided that such bonds shall be issued only for the 449purpose of acquiring and improving lands. Such levy, when 450collected, shall be applied in payment of the bonds so issued 451and the interest thereon. The amount of bonds so issued and 452outstanding at any time shall not exceed one per cent of the 453total taxable value in such district. Such bonds shall bear 454interest at a rate not to exceed the rate determined as provided 455in section 9.95 of the Revised Code. 456(D) As used in this section, "the county auditor's 457appraised value" and "estimated effective rate" have the same 458meanings as in section 5705.01 of the Revised Code. 459H. B. No. 28 Page 17As Passed by the HouseSec. 3316.041. (A) Notwithstanding any provision of 460Chapter 133. or sections 3313.483 to 3313.4810 of the Revised 461Code, and subject to the approval of the director of education 462and workforce, a school district that is in a state of fiscal 463watch declared under section 3316.03 of the Revised Code may 464restructure or refinance loans obtained or in the process of 465being obtained under section 3313.483 of the Revised Code if all 466of the following requirements are met: 467(1) The operating deficit certified for the school 468district for the current or preceding fiscal year under section 4693313.483 of the Revised Code exceeds fifteen per cent of the 470district's general revenue fund for the fiscal year preceding 471the year for which the certification of the operating deficit is 472made. 473(2) The school district voters have, during the period of 474the fiscal watch, approved the levy of a tax under section 475718.09, 718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the 476Revised Code that is not a renewal or replacement levy, or a 477levy under section 5705.199 of the Revised Code, and that will 478provide new operating revenue. 479(3) The board of education of the school district has 480adopted or amended the financial plan required by section 4813316.04 of the Revised Code to reflect the restructured or 482refinanced loans, and sets forth the means by which the district 483will bring projected operating revenues and expenditures, and 484projected debt service obligations, into balance for the life of 485any such loan. 486(B) Subject to the approval of the director, the school 487district may issue securities to evidence the restructuring or 488refinancing authorized by this section. Such securities may 489H. B. No. 28 Page 18As Passed by the Houseextend the original period for repayment not to exceed ten 490years, and may alter the frequency and amount of repayments, 491interest or other financing charges, and other terms or 492agreements under which the loans were originally contracted, 493provided the loans received under sections 3313.483 of the 494Revised Code are repaid from funds the district would otherwise 495receive under Chapter 3317. of the Revised Code, as required 496under division (E)(3) of section 3313.483 of the Revised Code. 497Securities issued for the purpose of restructuring or 498refinancing under this section shall be repaid in equal payments 499and at equal intervals over the term of the debt and are not 500eligible to be included in any subsequent proposal to 501restructure or refinance. 502(C) Unless the district is declared to be in a state of 503fiscal emergency under division (D) of section 3316.04 of the 504Revised Code, a school district shall remain in a state of 505fiscal watch for the duration of the repayment period of any 506loan restructured or refinanced under this section. 507Sec. 3316.06. (A) Within one hundred twenty days after the 508first meeting of a school district financial planning and 509supervision commission, the commission shall adopt a financial 510recovery plan regarding the school district for which the 511commission was created. During the formulation of the plan, the 512commission shall seek appropriate input from the school district 513board and from the community. This plan shall contain the 514following: 515(1) Actions to be taken to: 516(a) Eliminate all fiscal emergency conditions declared to 517exist pursuant to division (B) of section 3316.03 of the Revised 518Code; 519H. B. No. 28 Page 19As Passed by the House(b) Satisfy any judgments, past-due accounts payable, and 520all past-due and payable payroll and fringe benefits; 521(c) Eliminate the deficits in all deficit funds, except 522that any prior year deficits in the capital and maintenance fund 523established pursuant to section 3315.18 of the Revised Code 524shall be forgiven; 525(d) Restore to special funds any moneys from such funds 526that were used for purposes not within the purposes of such 527funds, or borrowed from such funds by the purchase of debt 528obligations of the school district with the moneys of such 529funds, or missing from the special funds and not accounted for, 530if any; 531(e) Balance the budget, avoid future deficits in any 532funds, and maintain on a current basis payments of payroll, 533fringe benefits, and all accounts; 534(f) Avoid any fiscal emergency condition in the future; 535(g) Restore the ability of the school district to market 536long-term general obligation bonds under provisions of law 537applicable to school districts generally. 538(2) The management structure that will enable the school 539district to take the actions enumerated in division (A)(1) of 540this section. The plan shall specify the level of fiscal and 541management control that the commission will exercise within the 542school district during the period of fiscal emergency, and shall 543enumerate respectively, the powers and duties of the commission 544and the powers and duties of the school board during that 545period. The commission may elect to assume any of the powers and 546duties of the school board it considers necessary, including all 547powers related to personnel, curriculum, and legal issues in 548H. B. No. 28 Page 20As Passed by the Houseorder to successfully implement the actions described in 549division (A)(1) of this section. 550(3) The target dates for the commencement, progress upon, 551and completion of the actions enumerated in division (A)(1) of 552this section and a reasonable period of time expected to be 553required to implement the plan. The commission shall prepare a 554reasonable time schedule for progress toward and achievement of 555the requirements for the plan, and the plan shall be consistent 556with that time schedule. 557(4) The amount and purpose of any issue of debt 558obligations that will be issued, together with assurances that 559any such debt obligations that will be issued will not exceed 560debt limits supported by appropriate certifications by the 561fiscal officer of the school district and the county auditor. If 562the commission considers it necessary in order to maintain or 563improve educational opportunities of pupils in the school 564district, the plan may include a proposal to restructure or 565refinance outstanding debt obligations incurred by the board 566under section 3313.483 of the Revised Code contingent upon the 567approval, during the period of the fiscal emergency, by district 568voters of a tax levied under section 718.09, 718.10, 5705.194, 5695705.21, 5748.02, 5748.08, or 5748.09 of the Revised Code that 570is not a renewal or replacement levy, or a levy under section 5715705.199 of the Revised Code, and that will provide new 572operating revenue. Notwithstanding any provision of Chapter 133. 573or sections 3313.483 to 3313.4810 of the Revised Code, following 574the required approval of the district voters and with the 575approval of the commission, the school district may issue 576securities to evidence the restructuring or refinancing. Those 577securities may extend the original period for repayment, not to 578exceed ten years, and may alter the frequency and amount of 579H. B. No. 28 Page 21As Passed by the Houserepayments, interest or other financing charges, and other terms 580of agreements under which the debt originally was contracted, at 581the discretion of the commission, provided that any loans 582received pursuant to section 3313.483 of the Revised Code shall 583be paid from funds the district would otherwise receive under 584Chapter 3317. of the Revised Code, as required under division 585(E)(3) of section 3313.483 of the Revised Code. The securities 586issued for the purpose of restructuring or refinancing the debt 587shall be repaid in equal payments and at equal intervals over 588the term of the debt and are not eligible to be included in any 589subsequent proposal for the purpose of restructuring or 590refinancing debt under this section. 591(5) An evaluation of the feasibility of entering into 592shared services agreements with other political subdivisions for 593the joint exercise of any power, performance of any function, or 594rendering of any service, if so authorized by statute. 595(B) Any financial recovery plan may be amended subsequent 596to its adoption. Each financial recovery plan shall be updated 597annually. 598(C) Each school district financial planning and 599supervision commission shall submit the financial recovery plan 600it adopts or updates under this section to the director of 601education and workforce for approval immediately following its 602adoption or updating. The director shall evaluate the plan and 603either approve or disapprove it within thirty calendar days from 604the date of its submission. If the plan is disapproved, the 605director shall recommend modifications that will render it 606acceptable. No financial planning and supervision commission 607shall implement a financial recovery plan that is adopted or 608updated on or after April 10, 2001, unless the director has 609H. B. No. 28 Page 22As Passed by the Houseapproved it. 610Sec. 3358.11. (A) In the same manner as a tax may be 611proposed by a board of trustees of a community college district 612under section 3354.12 of the Revised Code, the board of trustees 613of a state community college district may adopt and certify a 614resolution to the board of elections of one or more of the 615counties comprising the state community college district 616directing the board of elections to place on the ballot at any 617general or special election the question of levying a tax in 618excess of the ten-mill limitation on all the taxable property in 619that county or those counties. The tax may be for any of the 620following purposes, as stated in the resolution: 621(1) The acquisition of sites in that county or those 622counties; 623(2) The erection, furnishing, and equipment of buildings 624in that county or those counties; 625(3) The acquisition, construction, or improvement of any 626property in that county or those counties which the board of 627trustees of a state community college is authorized to acquire, 628construct, or improve and which has an estimated life or 629usefulness of five years or more as certified by the treasurer 630of the board of trustees. 631The resolution shall declare that the proceeds of the levy 632or issue may be used solely within the county or counties in 633which the tax is levied and state the term of the tax, which may 634be for any term authorized for a tax levied under section 6353354.12 of the Revised Code. The question of such a tax may not 636be submitted at more than two special elections held in any one 637calendar year. Levies for a continuing period of time adopted 638H. B. No. 28 Page 23As Passed by the Houseunder this section may be reduced in accordance with section 6395705.261 of the Revised Code. 640The election shall be held, canvassed, and certified in 641the manner provided for the submission of a tax levy under 642section 3354.12 of the Revised Code. A tax levied under this 643section may be renewed in the same manner as a tax levied under 644section 3354.12 of the Revised Code or replaced in accordance 645with section 5705.192 of the Revised Code. 646If electors approve the levy, the board of trustees may 647anticipate a fraction of the proceeds of the levy and may, from 648time to time, issue anticipation notes in the same manner and 649subject to the same limitations provided under section 3354.12 650of the Revised Code. 651(B) In accordance with Chapter 133. of the Revised Code, 652the board of trustees of a state community college district may 653adopt and certify a resolution to the board of elections of one 654or more of the counties comprising the district directing the 655board of elections to place on the ballot at any election 656authorized under section 133.18 of the Revised Code both of the 657following questions: 658(1) The question of issuing bonds for paying all or part 659of the cost of the following: 660(a) The purchase of sites in that county or those 661counties; 662(b) The erection, furnishings, and equipment of buildings 663in that county or those counties; 664(c) The acquisition or construction of any property in 665that county or those counties which the board of trustees is 666authorized to acquire or construct and which has an estimated 667H. B. No. 28 Page 24As Passed by the Houselife or usefulness of five years or more as certified by the 668treasurer of the board of trustees. 669(2) The question of levying a tax in excess of the ten- 670mill limitation on all the taxable property in that county or 671those counties to pay the interest on and retire any bonds 672approved by the electors under division (B)(1) of this section. 673The election shall be held, canvassed, and certified in 674the manner provided for the submission of a bond issuance and 675tax levy under section 3354.11 of the Revised Code. Bonds 676approved by electors under division (B)(1) of this section may 677be issued for one or more improvements which the district is 678authorized to acquire or construct, notwithstanding the fact 679that such improvements may not be for more than one purpose 680under Chapter 133. of the Revised Code. 681Notes may be issued in anticipation of any bonds that may 682be approved by the electors under division (B)(1) of this 683section in the manner provided under section 133.22 of the 684Revised Code. 685For the purpose of applying Chapter 133. of the Revised 686Code to division (B) of this section, the treasurer of the state 687community college district shall be considered to be the 688district's fiscal officer, and the board of trustees of the 689state community college district shall be considered to be the 690taxing authority. 691(C) The board of trustees of a state community college 692district that levies a tax or proposes to levy a tax under 693division (A) or (B) of this section shall be considered to be a 694taxing authority, the county or counties in which the tax is 695levied shall be considered to be a subdivision, and the 696H. B. No. 28 Page 25As Passed by the Housetreasurer of the board of trustees shall be considered to be a 697fiscal officer for the purposes of Chapter 5705. of the Revised 698Code, except for section 5705.19 of the Revised Code. 699Sec. 3505.06. (A) On the questions and issues ballot shall 700be printed all questions and issues to be submitted at any one 701election together with the percentage of affirmative votes 702necessary for passage as required by law. Such ballot shall have 703printed across the top thereof, and below the stubs, "Official 704Questions and Issues Ballot." 705(B)(1) Questions and issues shall be grouped together on 706the ballot from top to bottom as provided in division (B)(1) of 707this section, except as otherwise provided in division (B)(2) of 708this section. State questions and issues shall always appear as 709the top group of questions and issues. In calendar year 1997, 710the following questions and issues shall be grouped together on 711the ballot, in the following order from top to bottom, after the 712state questions and issues: 713(a) County questions and issues; 714(b) Municipal questions and issues; 715(c) Township questions and issues; 716(d) School or other district questions and issues. 717In each succeeding calendar year after 1997, each group of 718questions and issues described in division (B)(1)(a) to (d) of 719this section shall be moved down one place on the ballot except 720that the group that was last on the ballot during the 721immediately preceding calendar year shall appear at the top of 722the ballot after the state questions and issues. The rotation 723shall be performed only once each calendar year, beginning with 724the first election held during the calendar year. The rotation 725H. B. No. 28 Page 26As Passed by the Houseof groups of questions and issues shall be performed during each 726calendar year as required by division (B)(1) of this section, 727even if no questions and issues from any one or more such groups 728appear on the ballot at any particular election held during that 729calendar year. 730(2) Questions and issues shall be grouped together on the 731ballot, from top to bottom, in the following order when it is 732not practicable to group them together as required by division 733(B)(1) of this section because of the type of voting machines 734used by the board of elections: state questions and issues, 735county questions and issues, municipal questions and issues, 736township questions and issues, and school or other district 737questions and issues. The particular order in which each of a 738group of state questions or issues is placed on the ballot shall 739be determined by, and certified to each board of elections by, 740the secretary of state. 741(3) Failure of the board of elections to rotate questions 742and issues as required by division (B)(1) of this section does 743not affect the validity of the election at which the failure 744occurred, and is not grounds for contesting an election under 745section 3515.08 of the Revised Code. 746(C) The particular order in which each of a group of 747county, municipal, township, or school district questions or 748issues is placed on the ballot shall be determined by the board 749providing the ballots. 750(D) The printed matter pertaining to each question or 751issue on the ballot shall be enclosed at the top and bottom 752thereof by a heavy horizontal line across the width of the 753ballot. Immediately below such top line shall be printed a brief 754title descriptive of the question or issue below it, such as 755H. B. No. 28 Page 27As Passed by the House"Proposed Constitutional Amendment," "Proposed Bond Issue," 756"Proposed Annexation of Territory," "Proposed Increase in Tax 757Rate," or such other brief title as will be descriptive of the 758question or issue to which it pertains, together with a brief 759statement of the percentage of affirmative votes necessary for 760passage, such as "A sixty-five per cent affirmative vote is 761necessary for passage," "A majority vote is necessary for 762passage," or such other brief statement as will be descriptive 763of the percentage of affirmative votes required. 764(E) The questions and issues ballot need not contain the 765full text of the proposal to be voted upon. A condensed text 766that will properly describe the question, issue, or an amendment 767proposed by other than the general assembly shall be used as 768prepared and certified by the secretary of state for state-wide 769questions or issues or by the board for local questions or 770issues. If other than a full text is used, the full text of the 771proposed question, issue, or amendment together with the 772percentage of affirmative votes necessary for passage as 773required by law shall be posted in each polling place in some 774spot that is easily accessible to the voters. 775(F)(1) Except as otherwise provided in division (F)(2) of 776this section, each question and issue appearing on the questions 777and issues ballot may be consecutively numbered. The question or 778issue determined to appear at the top of the ballot may be 779designated on the face thereof by the Arabic numeral "1" and all 780questions and issues placed below on the ballot shall be 781consecutively numbered. Such numeral shall be placed below the 782heavy top horizontal line enclosing such question or issue and 783to the left of the brief title thereof. 784(2) Beginning with the general election to be held on 785H. B. No. 28 Page 28As Passed by the HouseNovember 5, 2024, a state question or issue determined to appear 786at the top of the ballot shall be designated on the face thereof 787by the Arabic numeral "1" and all state questions and issues 788placed below on the ballot shall be consecutively numbered. For 789elections occurring after the general election held on November 7905, 2024, a state question or issue determined to appear at the 791top of the ballot shall be designated on the face thereof by the 792Arabic numeral that is consecutive to the Arabic numeral of the 793last state question or issue that appeared on the ballot at the 794immediately preceding election at which a state question or 795issue appeared on the ballot and all state questions or issues 796placed below on the ballot shall be consecutively numbered. Such 797numeral shall be placed below the heavy top horizontal line 798enclosing such question or issue and to the left of the brief 799title thereof. Once a state question or issue appears on the 800ballot designated by the Arabic numeral "500," the state 801question or issue appearing at the top of the ballot at the 802immediately following election at which a state question or 803issue appears on the ballot shall be designated by the Arabic 804numeral "1." 805(G) No portion of a ballot question proposing to levy a 806property tax in excess of the ten-mill limitation under any 807section of the Revised Code, including the renewal or 808replacement of such a levy, may be printed in boldface type or 809in a font size that is different from the font size of other 810text in the ballot question. The prohibitions in division (G) of 811this section do not apply to printed matter either described in 812division (D) of this section related to such a ballot question 813or located in the area of the ballot in which votes are 814indicated for or against that question. 815Sec. 5705.03. (A) The taxing authority of each subdivision 816H. B. No. 28 Page 29As Passed by the Housemay levy taxes annually, subject to the limitations of sections 8175705.01 to 5705.47 of the Revised Code, on the real and personal 818property within the subdivision for the purpose of paying the 819current operating expenses of the subdivision and acquiring or 820constructing permanent improvements. The taxing authority of 821each subdivision and taxing unit shall, subject to the 822limitations of such sections, levy such taxes annually as are 823necessary to pay the interest and sinking fund on and retire at 824maturity the bonds, notes, and certificates of indebtedness of 825such subdivision and taxing unit, including levies in 826anticipation of which the subdivision or taxing unit has 827incurred indebtedness. 828(B)(1) When a taxing authority determines that it is 829necessary to levy a tax outside the ten-mill limitation for any 830purpose authorized by the Revised Code, the taxing authority 831shall certify to the county auditor a resolution or ordinance 832requesting that the county auditor certify to the taxing 833authority the amounts described in division (B)(2) of this 834section. The resolution or ordinance shall state all of the 835following: 836(a) The proposed rate of the tax, expressed in mills for 837each one dollar of taxable value, or the dollar amount of 838revenue to be generated by the proposed tax; 839(b) The purpose of the tax; 840(c) Whether the tax is an additional levy, a renewal or a 841replacement of an existing tax, a renewal or replacement of an 842existing tax with an increase or a decrease, a reduction or 843decrease of an existing tax, or an extension of an existing tax 844to additional territory; 845H. B. No. 28 Page 30As Passed by the House(d) The section of the Revised Code authorizing submission 846of the question of the tax; 847(e) The term of years of the tax or if the tax is for a 848continuing period of time; 849(f) That the tax is to be levied upon the entire territory 850of the subdivision or, if authorized by the Revised Code, a 851description of the portion of the territory of the subdivision 852in which the tax is to be levied; 853(g) The date of the election at which the question of the 854tax shall appear on the ballot; 855(h) That the ballot measure shall be submitted to the 856entire territory of the subdivision or, if authorized by the 857Revised Code, a description of the portion of the territory of 858the subdivision to which the ballot measure shall be submitted; 859(i) The tax year in which the tax will first be levied and 860the calendar year in which the tax will first be collected; 861(j) Each such county in which the subdivision has 862territory. 863(2) Upon receipt of a resolution or ordinance certified 864under division (B)(1) of this section, the county auditor shall 865certify to the taxing authority each of the following, as 866applicable to that levy: 867(a) The total current tax valuation of the subdivision. 868(b) The number of mills for each one dollar of taxable 869value that is required to generate a specified amount of 870revenue. 871(c) Either of the following, calculated using the tax list 872H. B. No. 28 Page 31As Passed by the Housefor the current year, and if this is not determined, the 873estimated amount submitted by the auditor to the county budget 874commission: 875(i) If the levy is to renew, renew and increase, renew and 876decrease, reduce or decrease, or extend to additional territory 877an existing levy that is subject to reduction under section 878319.301 of the Revised Code, the levy's estimated effective 879rate, calculated using the rate described in division (B)(2)(b) 880or (d) of this section, expressed in dollars, rounded to the 881nearest dollar, for each one hundred thousand dollars of the 882county auditor's appraised value; 883(ii) For all other levies, the levy's rate, described in 884division (B)(2)(b) or (d) of this section, expressed in dollars, 885rounded to the nearest dollar, for each one hundred thousand 886dollars of the county auditor's appraised value. 887(d) The dollar amount of revenue, rounded to the nearest 888dollar, that would be generated by a specified number of mills 889for each one dollar of taxable value. 890(e) For any levy or portion of a levy except a levy or 891portion of a levy to pay debt charges, an estimate of the levy's 892annual collections, rounded to the nearest one thousand dollars, 893which shall be calculated assuming that the amount of the tax 894list of the taxing authority remains throughout the life of the 895levy the same as the amount of the tax list for the current 896year, and if this is not determined, the estimated amount 897submitted by the auditor to the county budget commission. 898If a subdivision is located in more than one county, the 899county auditor shall obtain from the county auditor of each 900other county in which the subdivision is located the current tax 901H. B. No. 28 Page 32As Passed by the Housevaluation for the portion of the subdivision in that county. The 902county auditor shall issue the certification to the taxing 903authority within ten days after receiving the taxing authority's 904resolution or ordinance requesting it. 905(3) Upon receiving the certification from the county 906auditor under division (B)(2) of this section, the taxing 907authority may adopt a resolution or ordinance stating the rate 908of the tax levy, expressed in mills for each one dollar of 909taxable value and the rate or estimated effective rate, as 910applicable, in dollars for each one hundred thousand dollars of 911the county auditor's appraised value, as estimated by the county 912auditor, and that the taxing authority will proceed with the 913submission of the question of the tax to electors. The taxing 914authority shall certify this resolution or ordinance, a copy of 915the county auditor's certifications, and the resolution or 916ordinance the taxing authority adopted under division (B)(1) of 917this section to the proper county board of elections in the 918manner and within the time prescribed by the section of the 919Revised Code governing submission of the question. The county 920board of elections shall not submit the question of the tax to 921electors unless a copy of the county auditor's certification 922accompanies the resolutions or ordinances the taxing authority 923certifies to the board. Before requesting a taxing authority to 924submit a tax levy, any agency or authority authorized to make 925that request shall first request the certification from the 926county auditor provided under this section. 927(4) This division is supplemental to, and not in 928derogation of, any similar requirement governing the 929certification by the county auditor of the tax valuation of a 930subdivision or necessary tax rates for the purposes of the 931submission of the question of a tax in excess of the ten-mill 932H. B. No. 28 Page 33As Passed by the Houselimitation, including sections 133.18 and 5705.195 of the 933Revised Code. 934(C) All taxes levied on property shall be extended on the 935tax list and duplicate by the county auditor of the county in 936which the property is located, and shall be collected by the 937county treasurer of such county in the same manner and under the 938same laws and rules as are prescribed for the assessment and 939collection of county taxes. The proceeds of any tax levied by or 940for any subdivision when received by its fiscal officer shall be 941deposited in its treasury to the credit of the appropriate fund. 942Sec. 5705.218. (A) The board of education of a city, 943local, or exempted village school district, at any time by a 944vote of two-thirds of all its members, may declare by resolution 945that it may be necessary for the school district to issue 946general obligation bonds for permanent improvements. The 947resolution shall state all of the following: 948(1) The necessity and purpose of the bond issue; 949(2) The date of the special election at which the question 950shall be submitted to the electors; 951(3) The amount, approximate date, estimated rate of 952interest, and maximum number of years over which the principal 953of the bonds may be paid; 954(4) The necessity of levying a tax outside the ten-mill 955limitation to pay debt charges on the bonds and any anticipatory 956securities. 957On adoption of the resolution, the board shall certify a 958copy of it to the county auditor. The county auditor promptly 959shall estimate and certify to the board the average annual 960property tax rate, expressed in mills for each one dollar of 961H. B. No. 28 Page 34As Passed by the Housetaxable value and in dollars for each one hundred thousand 962dollars of the county auditor's appraised value, required 963throughout the stated maturity of the bonds to pay debt charges 964on the bonds in the same manner as under division (C) of section 965133.18 of the Revised Code. 966(B) After receiving the county auditor's certification 967under division (A) of this section, the board of education of 968the city, local, or exempted village school district, by a vote 969of two-thirds of all its members, may declare by resolution that 970the amount of taxes that can be raised within the ten-mill 971limitation will be insufficient to provide an adequate amount 972for the present and future requirements of the school district; 973that it is necessary to issue general obligation bonds of the 974school district for permanent improvements and to levy an 975additional tax in excess of the ten-mill limitation to pay debt 976charges on the bonds and any anticipatory securities; that it is 977necessary for a specified number of years or for a continuing 978period of time to levy additional taxes in excess of the ten- 979mill limitation to provide funds for the acquisition, 980construction, enlargement, renovation, and financing of 981permanent improvements or to pay for current operating expenses, 982or both; and that the question of the bonds and taxes shall be 983submitted to the electors of the school district at a special 984election, which shall not be earlier than ninety days after 985certification of the resolution to the board of elections, and 986the date of which shall be consistent with section 3501.01 of 987the Revised Code. The resolution shall specify all of the 988following: 989(1) The county auditor's estimate of the average annual 990property tax rate required throughout the stated maturity of the 991bonds to pay debt charges on the bonds; 992H. B. No. 28 Page 35As Passed by the House(2) The proposed rate of the tax, if any, for current 993operating expenses expressed in mills for each one dollar of 994taxable value and in dollars for each one hundred thousand 995dollars of the county auditor's appraised value, the first year 996the tax will be levied, and the number of years it will be 997levied, or that it will be levied for a continuing period of 998time; 999(3) The proposed rate of the tax, if any, for permanent 1000improvements expressed in mills for each one dollar of taxable 1001value and in dollars for each one hundred thousand dollars of 1002the county auditor's appraised value, the first year the tax 1003will be levied, and the number of years it will be levied, or 1004that it will be levied for a continuing period of time. 1005The resolution shall apportion the annual rate of the tax 1006between current operating expenses and permanent improvements, 1007if both taxes are proposed. The apportionment may but need not 1008be the same for each year of the tax, but the respective 1009portions of the rate actually levied each year for current 1010operating expenses and permanent improvements shall be limited 1011by the apportionment. The resolution shall go into immediate 1012effect upon its passage, and no publication of it is necessary 1013other than that provided in the notice of election. The board of 1014education shall certify a copy of the resolution, along with 1015copies of the auditor's estimates and its resolution under 1016division (A) of this section, to the board of elections 1017immediately after its adoption. 1018(C) The board of elections shall make the arrangements for 1019the submission to the electors of the school district of the 1020question proposed under division (B) or (J) of this section, and 1021the election shall be conducted, canvassed, and certified in the 1022H. B. No. 28 Page 36As Passed by the Housesame manner as regular elections in the district for the 1023election of county officers. The resolution shall be put before 1024the electors as one ballot question, with a favorable vote 1025indicating approval of the bond issue, the levy to pay debt 1026charges on the bonds and any anticipatory securities, the 1027current operating expenses levy, the permanent improvements 1028levy, and the levy for the current expenses of a qualifying 1029school district and of partnering community schools, as those 1030levies may be proposed. The board of elections shall publish 1031notice of the election in a newspaper of general circulation in 1032the school district once a week for two consecutive weeks, or as 1033provided in section 7.16 of the Revised Code, prior to the 1034election. If a board of elections operates and maintains a web 1035site, that board also shall post notice of the election on its 1036web site for thirty days prior to the election. The notice of 1037election shall state all of the following: 1038(1) The principal amount of the proposed bond issue; 1039(2) The permanent improvements for which the bonds are to 1040be issued; 1041(3) The maximum number of years over which the principal 1042of the bonds may be paid; 1043(4) The estimated additional average annual property tax 1044rate to pay the debt charges on the bonds, as certified by the 1045county auditor and expressed in mills for each one dollar of 1046taxable value and in dollars for each one hundred thousand 1047dollars of the county auditor's appraised value; 1048(5) The proposed rate of the additional tax, if any, for 1049current operating expenses expressed in mills for each one 1050dollar of taxable value and in dollars for each one hundred 1051H. B. No. 28 Page 37As Passed by the Housethousand dollars of the county auditor's appraised value and, if 1052the question is proposed under division (J) of this section, the 1053portion of the rate to be allocated to the school district and 1054the portion to be allocated to partnering community schools; 1055(6) The number of years the current operating expenses tax 1056will be in effect, or that it will be in effect for a continuing 1057period of time; 1058(7) The proposed rate of the additional tax, if any, for 1059permanent improvements expressed in mills for each one dollar of 1060taxable value and in dollars for each one hundred thousand 1061dollars of the county auditor's appraised value; 1062(8) The number of years the permanent improvements tax 1063will be in effect, or that it will be in effect for a continuing 1064period of time; 1065(9) The annual estimated collections, if applicable, of 1066the current operating expenses levy and permanent improvements 1067levy, as certified by the county auditor; 1068(10) The time and place of the special election. 1069(D) The form of the ballot for an election under this 1070section is as follows: 1071"Shall the __________ school district be authorized to do 1072the following: 1073(1) Issue bonds for the purpose of __________ in the 1074principal amount of $______, to be repaid annually over a 1075maximum period of ______ years, and levy a property tax outside 1076the ten-mill limitation, estimated by the county auditor to 1077average over the bond repayment period ______ mills for each $1 1078of taxable value, which amounts to $______ for each $100,000 of 1079H. B. No. 28 Page 38As Passed by the Housethe county auditor's appraised value, to pay the annual debt 1080charges on the bonds, and to pay debt charges on any notes 1081issued in anticipation of those bonds?" 1082If either a levy for permanent improvements or a levy for 1083current operating expenses is proposed, or both are proposed, 1084the ballot also shall contain the following language, as 1085appropriate: 1086"(2) Levy an additional property tax to provide funds for 1087the acquisition, construction, enlargement, renovation, and 1088financing of permanent improvements, that the county auditor 1089estimates will collect $_____ annually, at a rate not exceeding 1090_______ mills for each $1 of taxable value, which amounts to 1091$_______ for each $100,000 of the county auditor's appraised 1092value, for ______ (number of years of the levy, or a continuing 1093period of time)? 1094(3) Levy an additional property tax to pay current 1095operating expenses, that the county auditor estimates will 1096collect $_____ annually, at a rate not exceeding _______ mills 1097for each $1 of taxable value, which amounts to $_______ for each 1098$100,000 of the county auditor's appraised value, for _______ 1099(number of years of the levy, or a continuing period of time)? 11001101FOR THE BOND ISSUE AND LEVY (OR LEVIES)"AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)If the question is proposed under division (J) of this 1102section, the form of the ballot shall be modified as prescribed 1103by division (J)(4) of this section. 1104(E) The board of elections promptly shall certify the 1105H. B. No. 28 Page 39As Passed by the Houseresults of the election to the tax commissioner and the county 1106auditor of the county in which the school district is located. 1107If a majority of the electors voting on the question vote for 1108it, the board of education may proceed with issuance of the 1109bonds and with the levy and collection of the property tax or 1110taxes at the additional rate or any lesser rate in excess of the 1111ten-mill limitation. Any securities issued by the board of 1112education under this section are Chapter 133. securities, as 1113that term is defined in section 133.01 of the Revised Code. 1114(F)(1) After the approval of a tax for current operating 1115expenses under this section and prior to the time the first 1116collection and distribution from the levy can be made, the board 1117of education may anticipate a fraction of the proceeds of such 1118levy and issue anticipation notes in a principal amount not 1119exceeding fifty per cent of the total estimated proceeds of the 1120tax to be collected during the first year of the levy. 1121(2) After the approval of a tax under this section for 1122permanent improvements having a specific purpose, the board of 1123education may anticipate a fraction of the proceeds of such tax 1124and issue anticipation notes in a principal amount not exceeding 1125fifty per cent of the total estimated proceeds of the tax 1126remaining to be collected in each year over a period of five 1127years after issuance of the notes. 1128(3) After the approval of a tax under this section for 1129general permanent improvements as defined under section 5705.21 1130of the Revised Code, the board of education may anticipate a 1131fraction of the proceeds of such tax and issue anticipation 1132notes in a principal amount not exceeding fifty per cent of the 1133total estimated proceeds of the tax to be collected in each year 1134over a specified period of years, not exceeding ten, after 1135H. B. No. 28 Page 40As Passed by the Houseissuance of the notes. 1136Anticipation notes under this section shall be issued as 1137provided in section 133.24 of the Revised Code. Notes issued 1138under division (F)(1) or (2) of this section shall have 1139principal payments during each year after the year of their 1140issuance over a period not to exceed five years, and may have a 1141principal payment in the year of their issuance. Notes issued 1142under division (F)(3) of this section shall have principal 1143payments during each year after the year of their issuance over 1144a period not to exceed ten years, and may have a principal 1145payment in the year of their issuance. 1146(G) A tax for current operating expenses or for permanent 1147improvements levied under this section for a specified number of 1148years may be renewed or replaced in the same manner as a tax for 1149current operating expenses or for permanent improvements levied 1150under section 5705.21 of the Revised Code. A tax for current 1151operating expenses or for permanent improvements levied under 1152this section for a continuing period of time may be decreased in 1153accordance with section 5705.261 of the Revised Code. 1154(H) The submission of a question to the electors under 1155this section is subject to the limitation on the number of 1156elections that can be held in a year under section 5705.214 of 1157the Revised Code. 1158(I) A school district board of education proposing a 1159ballot measure under this section to generate local resources 1160for a project under the school building assistance expedited 1161local partnership program under section 3318.36 of the Revised 1162Code may combine the questions under division (D) of this 1163section with a question for the levy of a property tax to 1164generate moneys for maintenance of the classroom facilities 1165H. B. No. 28 Page 41As Passed by the Houseacquired under that project as prescribed in section 3318.361 of 1166the Revised Code. 1167(J)(1) After receiving the county auditor's certifications 1168under division (A) of this section, the board of education of a 1169qualifying school district, by a vote of two-thirds of all its 1170members, may declare by resolution that it is necessary to levy 1171a tax in excess of the ten-mill limitation for the purpose of 1172paying the current expenses of the school district and of 1173partnering community schools, as defined in section 5705.21 of 1174the Revised Code; that it is necessary to issue general 1175obligation bonds of the school district for permanent 1176improvements of the district and to levy an additional tax in 1177excess of the ten-mill limitation to pay debt charges on the 1178bonds and any anticipatory securities; and that the question of 1179the bonds and taxes shall be submitted to the electors of the 1180school district at a special election, which shall not be 1181earlier than ninety days after certification of the resolution 1182to the board of elections, and the date of which shall be 1183consistent with section 3505.01 of the Revised Code. 1184The levy of taxes for the current expenses of a partnering 1185community school under division (J) of this section and the 1186distribution of proceeds from the tax by a qualifying school 1187district to partnering community schools is hereby determined to 1188be a proper public purpose. 1189(2) The tax for the current expenses of the school 1190district and of partnering community schools is subject to the 1191requirements of divisions (B)(3), (4), and (5) of section 11925705.21 of the Revised Code. 1193(3) In addition to the required specifications of the 1194resolution under division (B) of this section, the resolution 1195H. B. No. 28 Page 42As Passed by the Houseshall express the rate of the tax in mills for each one dollar 1196of taxable value and in dollars for each one hundred thousand 1197dollars of the county auditor's appraised value, state the 1198number of the mills to be levied for the current expenses of the 1199partnering community schools and the number of the mills to be 1200levied for the current expenses of the school district, specify 1201the number of years (not exceeding ten) the tax will be levied 1202or that it will be levied for a continuing period of time, and 1203state the first year the tax will be levied. 1204The resolution shall go into immediate effect upon its 1205passage, and no publication of it is necessary other than that 1206provided in the notice of election. The board of education shall 1207certify a copy of the resolution, along with copies of the 1208auditor's estimate and its resolution under division (A) of this 1209section, to the board of elections immediately after its 1210adoption. 1211(4) The form of the ballot shall be modified by replacing 1212the ballot form set forth in division (D)(3) of this section 1213with the following: 1214"Levy an additional property tax for the purpose of the 1215current expenses of the school district and of partnering 1216community schools, that the county auditor estimates will 1217collect $_____ annually, at a rate not exceeding ______ mills 1218for each $1 of taxable value (of which ______ (insert the number 1219of mills to be allocated to partnering community schools) mills 1220is to be allocated to partnering community schools), which 1221amounts to $______ for each $100,000 of the county auditor's 1222appraised value, for ______ (insert the number of years the levy 1223is to be imposed, or that it will be levied for a continuing 1224period of time)? 1225H. B. No. 28 Page 43As Passed by the House1226FOR THE BOND ISSUE AND LEVY (OR LEVIES)"AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)(5) After the approval of a tax for the current expenses 1227of the school district and of partnering community schools under 1228division (J) of this section, and prior to the time the first 1229collection and distribution from the levy can be made, the board 1230of education may anticipate a fraction of the proceeds of the 1231levy for the current expenses of the school district and issue 1232anticipation notes in a principal amount not exceeding fifty per 1233cent of the estimated proceeds of the levy to be collected 1234during the first year of the levy and allocated to the school 1235district. The portion of levy proceeds to be allocated to 1236partnering community schools shall not be included in the 1237estimated proceeds anticipated under this division and shall not 1238be used to pay debt charges on any anticipation notes. 1239The notes shall be issued as provided in section 133.24 of 1240the Revised Code, shall have principal payments during each year 1241after the year of their issuance over a period not to exceed 1242five years, and may have a principal payment in the year of 1243their issuance. 1244(6) A tax for the current expenses of the school district 1245and of partnering community schools levied under division (J) of 1246this section for a specified number of years may be renewed or 1247replaced in the same manner as a tax for the current expenses of 1248a school district and of partnering community schools levied 1249under division (B) of section 5705.21 of the Revised Code. A tax 1250for the current expenses of the school district and of 1251partnering community schools levied under this division for a 1252H. B. No. 28 Page 44As Passed by the Housecontinuing period of time may be decreased in accordance with 1253section 5705.261 of the Revised Code. 1254(7) The proceeds from the issuance of the general 1255obligation bonds under division (J) of this section shall be 1256used solely to pay for permanent improvements of the school 1257district and not for permanent improvements of partnering 1258community schools. 1259Sec. 5705.2111. (A) If the board of directors of a 1260regional student education district created under section 12613313.83 of the Revised Code desires to levy a tax in excess of 1262the ten-mill limitation throughout the district for the purpose 1263of funding the services to be provided by the district to 1264students enrolled in the school districts of which the district 1265is composed and their immediate family members, the board shall 1266propose the levy to each of the boards of education of those 1267school districts. The proposal shall specify the rate or amount 1268of the tax, the number of years the tax will be levied or that 1269it will be levied for a continuing period of time, and that the 1270aggregate rate of the tax shall not exceed three mills per 1271dollar of taxable value in the regional student education 1272district. 1273(B)(1) If a majority of the boards of education of the 1274school districts of which the regional student education 1275district is composed approves the proposal for the tax levy, the 1276board of directors of the regional student education district 1277may adopt a resolution approved by a majority of the board's 1278full membership declaring the necessity of levying the proposed 1279tax in excess of the ten-mill limitation throughout the district 1280for the purpose of funding the services to be provided by the 1281district to students enrolled in the school districts of which 1282H. B. No. 28 Page 45As Passed by the Housethe district is composed and their immediate family members. The 1283resolution shall provide for the question of the tax to be 1284submitted to the electors of the district at a general, primary, 1285or special election on a day to be specified in the resolution 1286that is consistent with the requirements of section 3501.01 of 1287the Revised Code and that occurs at least ninety days after the 1288resolution is certified to the board of elections. The 1289resolution shall specify the rate or amount of the tax and the 1290number of years the tax will be levied or that the tax will be 1291levied for a continuing period of time. The aggregate rate of 1292tax levied by a regional student education district under this 1293section at any time shall not exceed three mills per dollar of 1294taxable value in the district. A tax levied under this section 1295may be renewed, subject to section 5705.25 of the Revised Code, 1296or replaced as provided in section 5705.192 of the Revised Code. 1297(2) The resolution shall take effect immediately upon 1298passage, and no publication of the resolution is necessary other 1299than that provided in the notice of election. The resolution 1300shall be certified and submitted in the manner provided under 1301section 5705.25 of the Revised Code, and that section governs 1302the arrangements governing submission of the question and other 1303matters concerning the election. 1304Sec. 5705.221. (A) At any time, the board of county 1305commissioners of any county by a majority vote of the full 1306membership may declare by resolution and certify to the board of 1307elections of the county that the amount of taxes which may be 1308raised within the ten-mill limitation by levies on the current 1309tax duplicate will be insufficient to provide the necessary 1310requirements of the county's alcohol, drug addiction, and mental 1311health service district established pursuant to Chapter 340. of 1312the Revised Code, or the county's contribution to a joint-county 1313H. B. No. 28 Page 46As Passed by the Housedistrict of which the county is a part, and that it is necessary 1314to levy a tax in excess of such limitation for the operation of 1315community addiction services providers and community mental 1316health services providers and the acquisition, construction, 1317renovation, financing, maintenance, and operation of alcohol and 1318drug addiction facilities and mental health facilities. 1319Such resolution shall conform to section 5705.19 of the 1320Revised Code, except that the increased rate may be in effect 1321for any number of years not exceeding ten. 1322The resolution shall be certified and submitted in the 1323manner provided in section 5705.25 of the Revised Code, except 1324that it may be placed on the ballot in any election, and except 1325as otherwise provided in division (G) of this section. The 1326resolution shall be certified to the board of elections not less 1327than ninety days before the election at which it will be voted 1328upon. 1329If the majority of the electors voting on a levy to 1330supplement general fund appropriations for the support of the 1331comprehensive community addiction and mental health services 1332providers vote in favor of the levy, the board may levy a tax 1333within the county at the additional rate outside the ten-mill 1334limitation during the specified period, for the purpose stated 1335in the resolution. 1336(B) When electors have approved a tax levy under this 1337section, the board of county commissioners may anticipate a 1338fraction of the proceeds of the levy and, from time to time, 1339issue anticipation notes in accordance with section 5705.191 or 13405705.193 of the Revised Code. 1341(C) The county auditor who is the fiscal officer of the 1342H. B. No. 28 Page 47As Passed by the Housealcohol, drug addiction, and mental health service district, 1343upon receipt of a resolution from the board of alcohol, drug 1344addiction, and mental health services, shall establish for the 1345district a capital improvements account or a reserve balance 1346account, or both, as specified in the resolution. The capital 1347improvements account shall be a contingency fund for the 1348necessary acquisition, replacement, renovation, or construction 1349of facilities and movable and fixed equipment. Upon the request 1350of the board, funds not needed to pay for current expenses may 1351be appropriated to the capital improvements account, in amounts 1352such that the account does not exceed twenty-five per cent of 1353the replacement value of all capital facilities and equipment 1354currently used by the board for programs and services. Other 1355funds which are available for current capital expenses from 1356federal, state, or local sources may also be appropriated to 1357this account. 1358The reserve balance account shall contain those funds that 1359are not needed to pay for current operating expenses and not 1360deposited in the capital improvements account but that will be 1361needed to pay for operating expenses in the future. Upon the 1362request of a board, such funds shall be appropriated to the 1363reserve balance account. Payments from the capital improvements 1364account and the reserve balance account shall be made by the 1365county treasurer who is the custodian of funds for the district 1366upon warrants issued by the county auditor who is the fiscal 1367officer of the district pursuant to orders of the board. 1368(D) If a board of county commissioners levies a tax under 1369this section for the county's contribution to a joint-county 1370district of which the county is a part, revenue from the tax 1371shall only be expended for the benefit of the residents of the 1372county. 1373H. B. No. 28 Page 48As Passed by the House(E) If a board of county commissioners levies a tax under 1374this section for the county's contribution to a joint-county 1375district of which the county is a part and that district expands 1376or contracts due to the addition or withdrawal of another 1377county, the board, provided that county remains a part of the 1378newly expanded or contracted joint-county district, shall 1379continue to levy and collect that tax, pursuant to the terms 1380originally approved by electors, for the county's contribution 1381to the newly expanded or contracted joint-county district of 1382which the county is a part. Notwithstanding sections 5705.192 1383and section 5705.25 of the Revised Code, the election notice and 1384ballot language of a renewal or replacement of such a levy shall 1385identify the name of the newly expanded or contracted joint- 1386county district. 1387(F) If a board of county commissioners levies a tax under 1388this section for the county's contribution to a joint-county 1389district of which the county is a part and the county withdraws 1390from the district, the board shall continue to levy and collect 1391that tax, pursuant to the terms originally approved by electors, 1392for one of the following purposes, if either situation applies: 1393(1) For the county's contribution to a newly joined joint- 1394county district, if the county joins such a joint-county 1395district in the tax year after the year in which the county 1396withdraws from the other joint-county district; 1397(2) To provide the necessary requirements of the county's 1398alcohol, drug addiction, and mental health service district, if 1399the county establishes such a district under Chapter 340. of the 1400Revised Code in the tax year after the year in which the county 1401withdraws from the joint-county district. 1402Notwithstanding sections 5705.192 and section 5705.25 of 1403H. B. No. 28 Page 49As Passed by the Housethe Revised Code, the election notice and ballot language of a 1404renewal or replacement of such a levy shall identify the name of 1405the newly established district or newly joined joint-county 1406district. 1407(G) Division (G) of this section applies only if all of 1408the following apply: 1409(1) The county withdraws from a joint-county district. 1410(2) The board of alcohol, drug addiction, and mental 1411health services of that joint-county district levies a tax under 1412section 5705.19 of the Revised Code in the tax year for which 1413the county withdraws from the joint-county district. 1414(3) The board of county commissioners of the withdrawing 1415county adopts a resolution under division (A) of this section 1416proposing a tax under this section that specifies that the first 1417tax year the tax is to be levied by the board is the tax year 1418after the year the tax described in division (G)(2) of this 1419section expires or is renewed or replaced, as authorized under 1420division (B) of section 340.01 of the Revised Code. 1421The proposed tax described in division (G)(3) of this 1422section may be a renewal, renewal and decrease, or renewal and 1423increase of the tax described in division (G)(2) of this 1424section, except that, notwithstanding section 5705.25 of the 1425Revised Code, the election notice and ballot language of a 1426renewal of such a levy shall identify the county as the 1427subdivision within which the tax will be levied and not the 1428joint-county district from which the county withdrew. 1429Alternatively, the tax described in division (G)(3) of 1430this section may be a replacement, replacement and decrease, or 1431replacement and increase of the tax described in division (G)(2) 1432H. B. No. 28 Page 50As Passed by the Houseof this section, as authorized under section 5705.192 of the 1433Revised Code, except that, notwithstanding that section, the 1434election notice and ballot language of a replacement of such a 1435levy shall identify the county as the subdivision within which 1436the tax will be levied and not the joint-county district from 1437which the county withdrew. 1438Sec. 5705.233. (A) As used in this section, "criminal 1439justice facility" means any facility located within the county 1440in which a tax is levied under this section and for which the 1441board of commissioners of such county may make an appropriation 1442under section 307.45 of the Revised Code. 1443(B) The board of county commissioners of any county, at 1444any time, may declare by resolution that it may be necessary for 1445the county to issue general obligation bonds for permanent 1446improvements to a criminal justice facility, including the 1447acquisition, construction, enlargement, renovation, or 1448maintenance of such a facility. The resolution shall state all 1449of the following: 1450(1) The necessity and purpose of the bond issue; 1451(2) The date of the general or special election at which 1452the question shall be submitted to the electors; 1453(3) The amount, approximate date, estimated rate of 1454interest, and maximum number of years over which the principal 1455of the bonds may be paid; 1456(4) The necessity of levying a tax outside the ten-mill 1457limitation to pay debt charges on the bonds and any anticipatory 1458securities. 1459On adoption of the resolution, the board of county 1460commissioners shall certify a copy of it to the county auditor. 1461H. B. No. 28 Page 51As Passed by the HouseThe county auditor promptly shall estimate and certify to the 1462board the average annual property tax rate, expressed in mills 1463for each one dollar of taxable value and in dollars for each one 1464hundred thousand dollars of the county auditor's appraised 1465value, required throughout the stated maturity of the bonds to 1466pay debt charges on the bonds, in the same manner as under 1467division (C) of section 133.18 of the Revised Code. Except as 1468provided in division (C) of this section, division (B) of 1469section 5705.03 of the Revised Code does not apply to tax levy 1470proceedings initiated under this section. 1471(C) After receiving the county auditor's certification 1472under division (B) of this section and, if applicable, section 14735705.03 of the Revised Code, the board of county commissioners 1474may declare by resolution that the amount of taxes that can be 1475raised within the ten-mill limitation will be insufficient to 1476provide an adequate amount for the present and future criminal 1477justice requirements of the county; that it is necessary to 1478issue general obligation bonds of the county for permanent 1479improvements to a criminal justice facility and to levy an 1480additional tax in excess of the ten-mill limitation to pay debt 1481charges on the bonds and any anticipatory securities; that it is 1482necessary for a specified number of years or for a continuing 1483period of time to levy additional taxes in excess of the ten- 1484mill limitation to provide funds for the acquisition, 1485construction, enlargement, renovation, maintenance, and 1486financing of permanent improvements to such a criminal justice 1487facility or to pay for operating expenses of the facility and 1488other criminal justice services for which the board may make an 1489appropriation under section 307.45 of the Revised Code, or both; 1490and that the question of the bonds and taxes shall be submitted 1491to the electors of the county at a general or special election, 1492H. B. No. 28 Page 52As Passed by the Housewhich shall not be earlier than ninety days after certification 1493of the resolution to the board of elections, and the date of 1494which shall be consistent with section 3501.01 of the Revised 1495Code. The resolution shall specify all of the following: 1496(1) The county auditor's estimate of the average annual 1497property tax rate required throughout the stated maturity of the 1498bonds to pay debt charges on the bonds; 1499(2) The proposed rate of the tax, if any, for operating 1500expenses and criminal justice services, the first year the tax 1501will be levied, and the number of years it will be levied, or 1502that it will be levied for a continuing period of time; 1503(3) The proposed rate of the tax, if any, for permanent 1504improvements to a criminal justice facility, the first year the 1505tax will be levied, and the number of years it will be levied, 1506or that it will be levied for a continuing period of time. 1507The resolution shall go into immediate effect upon its 1508passage, and no publication of it is necessary other than that 1509provided in the notice of election, except that division (B) of 1510section 5705.03 of the Revised Code applies if the resolution 1511proposes an additional tax for operating expenses and criminal 1512justice services or permanent improvements. The board of county 1513commissioners shall certify, immediately after its adoption, a 1514copy of the resolution, along with copies of the auditor's 1515certifications under division (B) of this section or section 15165705.03 of the Revised Code, if applicable, and the board's 1517resolution under division (B) of this section, to the board of 1518elections. 1519(D) The board of elections shall make the arrangements for 1520the submission of the question proposed under division (C) of 1521H. B. No. 28 Page 53As Passed by the Housethis section to the electors of the county, and the election 1522shall be conducted, canvassed, and certified in the same manner 1523as regular elections in the county for the election of county 1524officers. The resolution shall be put before the electors as one 1525ballot question, with a favorable vote indicating approval of 1526the bond issue, the levy to pay debt charges on the bonds and 1527any anticipatory securities, the operating expenses and criminal 1528justice services levy, and the permanent improvements levy, as 1529those levies may be proposed. The board of elections shall 1530publish notice of the election in a newspaper of general 1531circulation in the county once a week for two consecutive weeks, 1532or as provided in section 7.16 of the Revised Code, before the 1533election. If a board of elections operates and maintains a web 1534site, that board also shall post notice of the election on its 1535web site for thirty days before the election. The notice of 1536election shall state all of the following: 1537(1) The principal amount of the proposed bond issue; 1538(2) The permanent improvements for which the bonds are to 1539be issued; 1540(3) The maximum number of years over which the principal 1541of the bonds may be paid; 1542(4) The estimated additional average annual property tax 1543rate, expressed in mills for each one dollar of taxable value 1544and in dollars for each one hundred thousand dollars of the 1545county auditor's appraised value, to pay the debt charges on the 1546bonds, as certified by the county auditor; 1547(5) The proposed rate of the additional tax, if any, for 1548operating expenses and criminal justice services; 1549(6) The number of years the operating expenses or criminal 1550H. B. No. 28 Page 54As Passed by the Housejustice services tax will be in effect, or that it will be in 1551effect for a continuing period of time; 1552(7) The proposed rate of the additional tax, if any, for 1553permanent improvements; 1554(8) The number of years the permanent improvements tax 1555will be in effect, or that it will be in effect for a continuing 1556period of time; 1557(9) The estimated annual collections, if applicable, of 1558the current operating expenses or criminal justice services levy 1559and permanent improvements levy, as certified by the county 1560auditor; 1561(10) The time and place of the election. 1562(E) The form of the ballot for an election under this 1563section is as follows: 1564"Shall __________ be authorized to do the following: 1565(1) Issue bonds for the purpose of __________ in the 1566principal amount of $______, to be repaid annually over a 1567maximum period of ______ years, and levy a property tax outside 1568the ten-mill limitation, estimated by the county auditor to 1569average over the bond repayment period ______ mills for each $1 1570of taxable value, which amounts to $______ for each $100,000 of 1571the county auditor's appraised value, to pay the annual debt 1572charges on the bonds, and to pay debt charges on any notes 1573issued in anticipation of those bonds?" 1574If either a levy for permanent improvements or a levy for 1575operating expenses and criminal justice services is proposed, or 1576both are proposed, the ballot also shall contain the following 1577language, as appropriate: 1578H. B. No. 28 Page 55As Passed by the House"(2) Levy an additional property tax to provide funds for 1579the acquisition, construction, enlargement, renovation, 1580maintenance, and financing of permanent improvements to a 1581criminal justice facility, that the county auditor estimates 1582will collect $_____ annually, at a rate not exceeding _______ 1583mills for each $1 of taxable value, which amounts to $_______ 1584for each $100,000 of the county auditor's appraised value, for 1585______ (number of years of the levy, or a continuing period of 1586time)? 1587(3) Levy an additional property tax to pay operating 1588expenses of a criminal justice facility and provide other 1589criminal justice services, that the county auditor estimates 1590will collect $_____ annually, at a rate not exceeding _______ 1591mills for each $1 of taxable value, which amounts to $_______ 1592for each $100,000 of the county auditor's appraised value, for 1593_______ (number of years of the levy, or a continuing period of 1594time)? 1595FOR THE BOND ISSUE AND LEVY (OR LEVIES) 1596AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)" 1597(F) The board of elections promptly shall certify the 1598results of the election to the tax commissioner and the county 1599auditor. If a majority of the electors voting on the question 1600vote for it, the board of county commissioners may proceed with 1601issuance of the bonds and the levy and collection of the 1602property tax for the debt service on the bonds and any 1603anticipatory securities in the same manner and subject to the 1604same limitations as for securities issued under section 133.18 1605of the Revised Code, and with the levy and collection of the 1606property tax or taxes for operating expenses and criminal 1607justice services and for permanent improvements at the 1608H. B. No. 28 Page 56As Passed by the Houseadditional rate or any lesser rate in excess of the ten-mill 1609limitation. Any securities issued by the board of commissioners 1610under this section are Chapter 133. securities, as that term is 1611defined in section 133.01 of the Revised Code. 1612(G)(1) After the approval of a tax for operating expenses 1613and criminal justice services under this section and before the 1614time the first collection and distribution from the levy can be 1615made, the board of county commissioners may anticipate a 1616fraction of the proceeds of the levy and issue anticipation 1617notes in a principal amount not exceeding fifty per cent of the 1618total estimated proceeds of the tax to be collected during the 1619first year of the levy. 1620(2) After the approval of a tax under this section for 1621permanent improvements to a criminal justice facility, the board 1622of county commissioners may anticipate a fraction of the 1623proceeds of the tax and issue anticipation notes in a principal 1624amount not exceeding fifty per cent of the total estimated 1625proceeds of the tax remaining to be collected in each year over 1626a period of five years after issuance of the notes. 1627Anticipation notes under this section shall be issued as 1628provided in section 133.24 of the Revised Code. Notes issued 1629under division (G) of this section shall have principal payments 1630during each year after the year of their issuance over a period 1631not to exceed five years, and may have a principal payment in 1632the year of their issuance. 1633(H) A tax for operating expenses and criminal justice 1634services or for permanent improvements levied under this section 1635for a specified number of years may be renewed or replaced in 1636the same manner as a tax for current operating expenses or 1637permanent improvements levied under section 5705.19 of the 1638H. B. No. 28 Page 57As Passed by the HouseRevised Code. A tax levied under this section for a continuing 1639period of time may be decreased in accordance with section 16405705.261 of the Revised Code. 1641Sec. 5705.261. (A) The question of decrease of an 1642increased rate of levy approved for a continuing period of time 1643by the voters of a subdivision or, in the case of a qualifying 1644library levy, the voters of the library district or association 1645library district, may be initiated by the filing of a petition 1646with the board of elections of the proper county not less than 1647ninety days before the general election in any year requesting 1648that an election be held on such question. Such petition shall 1649state the amount of the proposed decrease in the rate of levy 1650and shall be signed by qualified electors residing in the 1651subdivision, library district, or association library district 1652equal in number to at least ten per cent of the total number of 1653votes cast in the subdivision, library district, or association 1654library district for the office of governor at the most recent 1655general election for that office. Only one such petition may be 1656filed during each five-year period following the election at 1657which the voters approved the increased rate for a continuing 1658period of time. 1659After determination by it that such petition is valid, the 1660board of elections shall do both of the following: 1661(1) Request that the county auditor certify to the board, 1662in the same manner as required for a tax levy under section 16635705.03 of the Revised Code, an estimate of the levy's annual 1664collections and the levy's estimated effective rate in both the 1665last year before the proposed decrease and the first year that 1666the decrease applies, stated in dollars, rounded to the nearest 1667dollar, for each one hundred thousand dollars of the county 1668H. B. No. 28 Page 58As Passed by the Houseauditor's appraised value. Estimated effective rates shall be 1669calculated using the tax list for the current year, and if this 1670is not determined, the estimated amount submitted by the auditor 1671to the county budget commission. If the subdivision, library 1672district, or association library district is located in more 1673than one county, the county auditor shall obtain from the county 1674auditor of each other county in which the subdivision or 1675district is located the tax valuation applicable to the portion 1676of the subdivision or district in that county. 1677The county auditor shall certify such information to the 1678board of elections within ten days after receiving the board's 1679request. 1680(2) Submit the question to the electors of the 1681subdivision, library district, or association library district 1682at the succeeding general election pursuant to division (B) of 1683this section. 1684(B) The election shall be conducted, canvassed, and 1685certified in the same manner as regular elections in such 1686subdivision, library district, or association library district 1687for county offices. Notice of the election shall be published in 1688a newspaper of general circulation in the district once a week 1689for two consecutive weeks, or as provided in section 7.16 of the 1690Revised Code, prior to the election. If the board of elections 1691operates and maintains a web site, the board of elections shall 1692post notice of the election on its web site for thirty days 1693prior to the election. The notice shall state the purpose, the 1694levy's estimated annual collections, the amount of the proposed 1695decrease in rate, expressed in mills for each one dollar of 1696taxable value, the estimated effective rate of the levy in the 1697year before the proposed decrease and the first year that the 1698H. B. No. 28 Page 59As Passed by the Housedecrease applies, both expressed in dollars for each one hundred 1699thousand dollars of the county auditor's appraised value, and 1700the time and place of the election. The form of the ballot cast 1701at such election shall be prescribed by the secretary of state 1702but must include all information required to be included in the 1703notice. The question covered by the petition shall be submitted 1704as a separate proposition but it may be printed on the same 1705ballot with any other propositions submitted at the same 1706election other than the election of officers. If a majority of 1707the qualified electors voting on the question of a decrease at 1708such election approve the proposed decrease in rate, the result 1709of the election shall be certified immediately after the canvass 1710by the board of elections to the appropriate taxing authority, 1711which shall thereupon, after the current year, cease to levy 1712such increased rate or levy such tax at such reduced rate upon 1713the tax list of the subdivision, library district, or 1714association library district. If notes have been issued in 1715anticipation of the collection of such levy, the taxing 1716authority shall continue to levy and collect under authority of 1717the election authorizing the original levy such amounts as will 1718be sufficient to pay the principal of and interest on such 1719anticipation notes as the same fall due. 1720In the case of a levy for the current expenses of a 1721qualifying school district and of partnering community schools 1722imposed under section 5705.192, as it existed before the 1723effective date of this amendment, division (B) of section 17245705.21, division (C) of section 5705.212, or division (J) of 1725section 5705.218 of the Revised Code for a continuing period of 1726time, the rate allocated to the school district and to 1727partnering community schools shall each be decreased by a number 1728of mills per dollar that is proportionate to the decrease in the 1729H. B. No. 28 Page 60As Passed by the Houserate of the levy in proportion to the rate at which the levy was 1730imposed before the decrease. 1731Sec. 5705.412. (A) As used in this section, "qualifying 1732contract" means any agreement for the expenditure of money under 1733which aggregate payments from the funds included in the school 1734district's five-year forecast under section 5705.391 of the 1735Revised Code will exceed the lesser of the following amounts: 1736(1) Five hundred thousand dollars; 1737(2) One per cent of the total revenue to be credited in 1738the current fiscal year to the district's general fund, as 1739specified in the district's most recent certificate of estimated 1740resources certified under section 5705.36 of the Revised Code. 1741(B)(1) Notwithstanding section 5705.41 of the Revised 1742Code, no school district shall adopt any appropriation measure, 1743make any qualifying contract, or increase during any school year 1744any wage or salary schedule unless there is attached thereto a 1745certificate, signed as required by this section, that the school 1746district has in effect the authorization to levy taxes including 1747the renewal or replacement of existing levies which, when 1748combined with the estimated revenue from all other sources 1749available to the district at the time of certification, are 1750sufficient to provide the operating revenues necessary to enable 1751the district to maintain all personnel and programs for all the 1752days set forth in its adopted school calendars for the current 1753fiscal year and for a number of days in succeeding fiscal years 1754equal to the number of days instruction was held or is scheduled 1755for the current fiscal year, as follows: 1756(a) A certificate attached to an appropriation measure 1757under this section shall cover only the fiscal year in which the 1758H. B. No. 28 Page 61As Passed by the Houseappropriation measure is effective and shall not consider the 1759renewal or replacement of an existing levy as the authority to 1760levy taxes that are subject to appropriation in the current 1761fiscal year unless the renewal or replacement levy has been 1762approved by the electors and is subject to appropriation in the 1763current fiscal year. 1764(b) A certificate attached, in accordance with this 1765section, to any qualifying contract shall cover the term of the 1766contract. 1767(c) A certificate attached under this section to a wage or 1768salary schedule shall cover the term of the schedule. 1769If the board of education has not adopted a school 1770calendar for the school year beginning on the first day of the 1771fiscal year in which a certificate is required, the certificate 1772attached to an appropriation measure shall include the number of 1773days on which instruction was held in the preceding fiscal year 1774and other certificates required under this section shall include 1775that number of days for the fiscal year in which the certificate 1776is required and any succeeding fiscal years that the certificate 1777must cover. 1778The certificate shall be signed by the treasurer and 1779president of the board of education and the superintendent of 1780the school district, unless the district is in a state of fiscal 1781emergency declared under Chapter 3316. of the Revised Code. In 1782that case, the certificate shall be signed by a member of the 1783district's financial planning and supervision commission who is 1784designated by the commission for this purpose. 1785(2) In lieu of the certificate required under division (B) 1786of this section, an alternative certificate stating the 1787H. B. No. 28 Page 62As Passed by the Housefollowing may be attached: 1788(a) The contract is a multi-year contract for materials, 1789equipment, or nonpayroll services essential to the education 1790program of the district; 1791(b) The multi-year contract demonstrates savings over the 1792duration of the contract as compared to costs that otherwise 1793would have been demonstrated in a single year contract, and the 1794terms will allow the district to reduce the deficit it is 1795currently facing in future years as demonstrated in its five- 1796year forecast adopted in accordance with section 5705.391 of the 1797Revised Code. 1798The certificate shall be signed by the treasurer and 1799president of the board of education and the superintendent of 1800the school district, unless the district is in a state of fiscal 1801emergency declared under Chapter 3316. of the Revised Code. In 1802that case, the certificate shall be signed by a member of the 1803district's financial planning and supervision commission who is 1804designated by the commission for this purpose. 1805(C) Every qualifying contract made or wage or salary 1806schedule adopted or put into effect without such a certificate 1807shall be void, and no payment of any amount due thereon shall be 1808made. 1809(D) The department of education and workforce and the 1810auditor of state jointly shall adopt rules governing the methods 1811by which treasurers, presidents of boards of education, 1812superintendents, and members of financial planning and 1813supervision commissions shall estimate revenue and determine 1814whether such revenue is sufficient to provide necessary 1815operating revenue for the purpose of making certifications 1816H. B. No. 28 Page 63As Passed by the Houserequired by this section. 1817(E) The auditor of state shall be responsible for 1818determining whether school districts are in compliance with this 1819section. At the time a school district is audited pursuant to 1820section 117.11 of the Revised Code, the auditor of state shall 1821review each certificate issued under this section since the 1822district's last audit, and the appropriation measure, contract, 1823or wage and salary schedule to which such certificate was 1824attached. If the auditor of state determines that a school 1825district has not complied with this section with respect to any 1826qualifying contract or wage or salary schedule, the auditor of 1827state shall notify the prosecuting attorney for the county, the 1828city director of law, or other chief law officer of the school 1829district. That officer may file a civil action in any court of 1830appropriate jurisdiction to seek a declaration that the contract 1831or wage or salary schedule is void, to recover for the school 1832district from the payee the amount of payments already made 1833under it, or both, except that the officer shall not seek to 1834recover payments made under any collective bargaining agreement 1835entered into under Chapter 4117. of the Revised Code. If the 1836officer does not file such an action within one hundred twenty 1837days after receiving notice of noncompliance from the auditor of 1838state, any taxpayer may institute the action in the taxpayer's 1839own name on behalf of the school district. 1840(F) This section does not apply to any contract or 1841increase in any wage or salary schedule that is necessary in 1842order to enable a board of education to comply with division (B) 1843of section 3317.13 of the Revised Code, provided the contract or 1844increase does not exceed the amount required to be paid to be in 1845compliance with such division. 1846H. B. No. 28 Page 64As Passed by the House(G) Any officer, employee, or other person who expends or 1847authorizes the expenditure of any public funds or authorizes or 1848executes any contract or schedule contrary to this section, 1849expends or authorizes the expenditure of any public funds on the 1850void contract or schedule, or issues a certificate under this 1851section which contains any false statements is liable to the 1852school district for the full amount paid from the district's 1853funds on the contract or schedule. The officer, employee, or 1854other person is jointly and severally liable in person and upon 1855any official bond that the officer, employee, or other person 1856has given to the school district to the extent of any payments 1857on the void claim, not to exceed ten thousand dollars. However, 1858no officer, employee, or other person shall be liable for a 1859mistaken estimate of available resources made in good faith and 1860based upon reasonable grounds. If an officer, employee, or other 1861person is found to have complied with rules jointly adopted by 1862the department of education and workforce and the auditor of 1863state under this section governing methods by which revenue 1864shall be estimated and determined sufficient to provide 1865necessary operating revenue for the purpose of making 1866certifications required by this section, the officer, employee, 1867or other person shall not be liable under this section if the 1868estimates and determinations made according to those rules do 1869not, in fact, conform with actual revenue. The prosecuting 1870attorney of the county, the city director of law, or other chief 1871law officer of the district shall enforce this liability by 1872civil action brought in any court of appropriate jurisdiction in 1873the name of and on behalf of the school district. If the 1874prosecuting attorney, city director of law, or other chief law 1875officer of the district fails, upon the written request of any 1876taxpayer, to institute action for the enforcement of the 1877liability, the attorney general, or the taxpayer in the 1878H. B. No. 28 Page 65As Passed by the Housetaxpayer's own name, may institute the action on behalf of the 1879subdivision. 1880(H) This section does not require the attachment of an 1881additional certificate beyond that required by section 5705.41 1882of the Revised Code for current payrolls of, or contracts of 1883employment with, any employees or officers of the school 1884district. 1885This section does not require the attachment of a 1886certificate to a temporary appropriation measure if all of the 1887following apply: 1888(1) The amount appropriated does not exceed twenty-five 1889per cent of the total amount from all sources available for 1890expenditure from any fund during the preceding fiscal year; 1891(2) The measure will not be in effect on or after the 1892thirtieth day following the earliest date on which the district 1893may pass an annual appropriation measure; 1894(3) An amended official certificate of estimated resources 1895for the current year, if required, has not been certified to the 1896board of education under division (B) of section 5705.36 of the 1897Revised Code. 1898Section 2. That existing sections 319.301, 319.302, 1899523.06, 1545.21, 3316.041, 3316.06, 3358.11, 3505.06, 5705.03, 19005705.218, 5705.2111, 5705.221, 5705.233, 5705.261, and 5705.412 1901of the Revised Code are hereby repealed. 1902Section 3. That section 5705.192 of the Revised Code is 1903hereby repealed. 1904Section 4. (A) The amendment by this act of section 19051545.21 of the Revised Code applies to elections held on or 1906H. B. No. 28 Page 66As Passed by the Houseafter October 1, 2025. 1907(B) As used in this division, "former section 5705.192 of 1908the Revised Code" means section 5705.192 of the Revised Code as 1909it existed before the effective date of its repeal by this act. 1910If a taxing authority, as defined in former section 19115705.192 of the Revised Code, acts under that section prior to 1912its repeal by this act to replace an existing levy and submit 1913the question to electors at an election held before October 1, 19142025, then a board of elections shall proceed to submit that 1915question in accordance with that former section, notwithstanding 1916the effective date of its repeal by this act. No replacement of 1917a tax proposed under former section 5705.192 of the Revised Code 1918shall be submitted to electors at an election held on or after 1919October 1, 2025. 19201921
To amend sections 319.301, 319.302, 523.06, 1545.21, 3316.041, 3316.06, 3358.11, 3505.06, 5705.03, 5705.218, 5705.2111, 5705.221, 5705.233, 5705.261, and 5705.412 and to repeal section 5705.192 of the Revised Code to eliminate the authority to levy replacement property tax levies.
Sponsors
Rep. Adam Mathews (R) sponsors HB 28, and 39 members have co-sponsored it.

Rep. · R–56 · Sponsor

Rep. · R–46 · Co-sponsor

Rep. · R–29 · Co-sponsor

Rep. · R–85 · Co-sponsor

Rep. · R–68 · Co-sponsor

Rep. · R–88 · Co-sponsor

Rep. · R–77 · Co-sponsor

Rep. · R–40 · Co-sponsor

Rep. · R–32 · Co-sponsor

Rep. · R–71 · Co-sponsor
Committees
HB 28 went before 1 committee: Ways and Means.
History
HB 28 has taken 6 actions since Jan 28, 2025, the latest on Mar 26, 2025.
| Chamber | Action | |||
|---|---|---|---|---|
Mar 26, 2025 | Senate | Referred to committee: Ways and Means | ||
Mar 25, 2025 | Senate | Introduced | ||
Mar 19, 2025 | House | Passed | ||
Mar 19, 2025 | House | Reported: Ways and Means | ||
Feb 5, 2025 | House | Referred to committee: Ways and Means |
Votes
HB 28 went to 2 roll calls in the House, the latest on Mar 19, 2025 at 62–30.
| Chamber | Question | Yea | Nay | |||
|---|---|---|---|---|---|---|
Mar 19, 2025 | House | House Passed | 62 | 30 | ||
Mar 19, 2025 | House | House Favorable Passage | 7 | 4 |
Source: legislature.ohio.gov · legiscan.com