2006 Ohio Revised Code - 306.70. Tax levy vote resolution.

§ 306.70. Tax levy vote resolution.
 

A tax proposed to be levied by a board of county commissioners or by the board of trustees of a regional transit authority pursuant to sections 5739.023 [5739.02.3] and 5741.022 [5741.02.2] of the Revised Code shall not become effective until it is submitted to the electors residing within the county or within the territorial boundaries of the regional transit authority and approved by a majority of the electors voting on it. Such question shall be submitted at a general election or at a special election on a day specified in the resolution levying the tax and occurring not less than seventy-five days after such resolution is certified to the board of elections, in accordance with section 3505.071 [3505.07.1] of the Revised Code. 
 

The board of elections of the county or of each county in which any territory of the regional transit authority is located shall make the necessary arrangements for the submission of such question to the electors of the county or regional transit authority, and the election shall be held, canvassed, and certified in the same manner as regular elections for the election of county officers. Notice of the election shall be published in one or more newspapers which in the aggregate are of general circulation in the territory of the county or of the regional transit authority once a week for two consecutive weeks prior to the election and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the type, rate, and purpose of the tax to be levied, the length of time during which the tax will be in effect, and the time and place of the election. 
 

More than one such question may be submitted at the same election. The form of the ballots cast at such election shall be: 
 

"Shall a(n)  ......... (sales and use)  .................... tax be levied for all transit purposes of the  ............. (here insert name of the county or regional transit authority) at a rate not exceeding  ............. (here insert percentage) per cent for  ........... (here insert number of years the tax is to be in effect, or that it is to be in effect for a continuing period of time)?" 
 

If the tax proposed to be levied is a continuation of an existing tax, whether at the same rate or at an increased or reduced rate, or an increase in the rate of an existing tax, the notice and ballot form shall so state. 
 

The board of elections to which the resolution was certified shall certify the results of the election to the county auditor of the county or secretary-treasurer of the regional transit authority levying the tax and to the tax commissioner of the state. 
 

HISTORY: 135 v S 544 (Eff 6-29-74); 138 v H 1062. Eff 3-23-81; 151 v H 3, § 1, eff. 5-2-06.
 

The provisions of § 3 of 151 v H 3 read as follows: 

SECTION 3. Notwithstanding any provision of this act to the contrary, the amendments made to sections 131.23, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 745.07, 747.11, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 of the Revised Code by this act that require a board of elections that operates and maintains a web site to post, on that web site, notices of certain elections for thirty days prior to the day of an election shall take effect on June 1, 2006. 

 

Effect of Amendments

151 v H 3, effective May 2, 2006, except amendments relating to the timely update of election information on web sites maintained by a board of elections, effective June 1, 2006, in the second paragraph, substituted "two" for "four" and "and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state" for "stating"; inserted "election" in the second sentence of the third paragraph; and made minor stylistic changes.