Bill Text: OH HB280 | 2009-2010 | 128th General Assembly | Engrossed
Bill Title: To temporarily authorize a special election on December 10, 2009, exclusively for the purpose of allowing certain municipal corporation property tax levies to appear on the ballot, to repeal Section 1 of this act effective December 30, 2009, and to declare an emergency.
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Engrossed - Dead) 2009-10-22 - To Finance & Financial Institutions [HB280 Detail]
Download: Ohio-2009-HB280-Engrossed.html
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Representatives Stautberg, Driehaus
Cosponsors:
Representatives Blessing, Book, Brown, Gerberry, Letson, Luckie, Maag, Mallory, Mecklenborg, Pillich, Stewart, Uecker, Yates, Yuko
| To temporarily authorize a special election on | 1 |
| December 10, 2009, exclusively for the purpose of | 2 |
| allowing certain municipal corporation property | 3 |
| tax levies to appear on the ballot, to repeal | 4 |
| Section 1 of this act effective December 30, | 5 |
| 2009, and to declare an emergency. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. (A) As used in this section: | 7 |
| (1) "Qualifying municipal corporation" means a municipal | 8 |
| corporation the legislative authority of which failed to timely | 9 |
| certify a resolution proposing the question of one qualifying | 10 |
| property tax levy to the board of elections for appearance on the | 11 |
| November 3, 2009, election ballot. | 12 |
| (2) "Qualifying property tax levy" means a property tax levy | 13 |
| that a qualifying municipal corporation currently is authorized to | 14 |
| levy; that expires at the end of 2009; and that is for the purpose | 15 |
| of current operating expenses for the general fund and raises | 16 |
| three and one-half mills for each one dollar of valuation, which | 17 |
| amounts to $0.35 for each $100.00 of valuation. | 18 |
| (B) The legislative authority of a qualifying municipal | 19 |
| corporation may adopt a resolution proposing to place the question | 20 |
| of renewing a qualifying property tax levy on the ballot at a | 21 |
| special election to be held in the municipal corporation on | 22 |
| December 10, 2009, and certify the resolution to the proper county | 23 |
| board of elections not later than ten days after the effective | 24 |
| date of this act, notwithstanding the requirement under section | 25 |
| 5705.25 of the Revised Code to certify such resolutions not later | 26 |
| than seventy-five days before an election. | 27 |
| The county board of elections shall perform all acts | 28 |
| otherwise required by section 5705.25 and Title XXXV of the | 29 |
| Revised Code to place the question of the qualifying tax levy on | 30 |
| the ballot at a special election to be held in the municipal | 31 |
| corporation on December 10, 2009. | 32 |
| (C)(1) Not later than five days after certification of the | 33 |
| resolution under division (B) of this section, the board of | 34 |
| elections shall prepare and file with the municipal corporation | 35 |
| certifying the resolution, the board of county commissioners, and | 36 |
| the Secretary of State the estimated cost of placing the question | 37 |
| of the renewal of the tax on the ballot in each precinct in the | 38 |
| municipal corporation based on the factors enumerated in division | 39 |
| (C) of section 3501.17 of the Revised Code. | 40 |
| (2) A municipal corporation certifying a resolution to the | 41 |
| board of elections under this section shall pay to the county | 42 |
| treasurer an amount equal to one hundred per cent of the cost of | 43 |
| the election as estimated under division (C)(1) of this section. | 44 |
| Payment shall be made not less than five or more than ten days | 45 |
| after certification of the resolution. The county treasurer shall | 46 |
| credit the payment to the county general fund. | 47 |
| (3) Not more than seven days after the special election, the | 48 |
| board of elections shall notify the qualifying municipal | 49 |
| corporation of the true and accurate cost of conducting the | 50 |
| election. If the board finds that the amount the municipal | 51 |
| corporation paid under division (C)(2) of this section is less | 52 |
| than the true and accurate cost, the board shall notify the | 53 |
| municipal corporation of the deficiency, and the municipal | 54 |
| corporation, within fourteen days after receiving the notice, | 55 |
| shall pay an amount equal to the deficiency to the county | 56 |
| treasurer, who shall credit the payment to the county general | 57 |
| fund. If the county board of elections finds that the amount the | 58 |
| municipal corporation paid under division (C)(2) of this section | 59 |
| exceeds the true and accurate cost, the board shall notify the | 60 |
| municipal corporation and the county treasurer of the excess, and | 61 |
| the county treasurer, within fourteen days after receiving the | 62 |
| notice, shall pay to the municipal corporation an amount equal to | 63 |
| the excess from the county general fund. | 64 |
| This section is hereby repealed, effective December 30, 2009. | 65 |
| Section 2. This act is hereby declared to be an emergency | 66 |
| measure necessary for the immediate preservation of the public | 67 |
| peace, health, and safety. The reason for such necessity is to | 68 |
| enable certain municipal corporations to avoid incurring operating | 69 |
| deficits during 2010 by authorizing a special election on the | 70 |
| question of a local tax levy. Therefore, this act shall go into | 71 |
| immediate effect. | 72 |
