Ohio § 5705.194

§ 5705.194.

(A) For purposes of this section: (1) “ Fiscal caution ” means a state of fiscal caution declared by the director of education and workforce

under section 3316.031 of the Revised Code . (2) “ Fiscal watch ” means a state of fiscal watch declared by the auditor of state under section 3316.03 of the Revised Code . (3) “ Fiscal emergency ” means a state of fiscal emergency declared by the auditor of state under section 3316.03 of the Revised Code . (4) “Qualifying levy” has the same meaning as in section 319.302 of the Revised Code . (5) A tax shall be considered to be an “existing tax” through the year following the

last year it can be placed on the tax list. (B) The board of education of any city, local, exempted village, cooperative education,

or joint vocational school district that is in fiscal caution, fiscal watch, or fiscal

emergency or is impacted by an emergency that is the subject of a disaster declaration

may declare by resolution that the revenue that will be raised by all tax levies which

the district is authorized to impose, when combined with state and federal revenues,

will be insufficient to provide for the requirements of the school district, and that

it is therefore necessary to levy an additional tax in excess of the ten-mill limitation

for the current expenses of the district.  A tax levied under division (B) of this section may not be renewed. (C) The board of education of any city, local, exempted village, cooperative education,

or joint vocational school district that levies a tax under this section that was

approved by electors at an election held before January 1, 2026, may adopt a resolution

to renew up to all or a portion of the proceeds derived from that existing tax.  Notwithstanding the original purpose of the existing tax, the purpose of the renewal

levy shall be for the current expenses of the district.  A tax levied under division (C) of this section may be renewed for the same or a

lesser sum and in the same manner as the existing tax. Any tax levied under division (C) of this section, including any subsequent renewal

of such a tax, is a qualifying levy if the tax that was approved by electors at an

election held before January 1, 2026, was a subsequent renewal levy described in that

term's definition. (D) The board of education of a city, local, exempted village, cooperative education,

or joint vocational school district that levies a tax under section 5705.199 of the Revised Code that was approved by electors at an election held before January 1, 2026, may adopt

a resolution to renew up to all or a portion of the proceeds derived from the existing

tax in the final tax year it is levied.  The renewal levy shall levy that sum, or portion thereof, for each year of the levy,

and the sum levied shall not be increased as otherwise described in section 5705.199 of the Revised Code .  The purpose of the renewal levy shall be for the current expenses of the district. A tax levied under division (D) of this section may be renewed for the same or a lesser

sum and in the same manner as the existing tax. Any tax levied under division (D) of this section, including any subsequent renewal

of such a tax, is a qualifying levy if the tax that was approved by electors at an

election held before January 1, 2026, was a subsequent substitute levy as described

in that term's definition. (E) A resolution adopted under division (B), (C), or (D) of this section shall further

specify the amount of money it is necessary to raise for the current expenses of the

district for each calendar year the millage is to be imposed;  if a resolution adopted

under division (C) or (D) of this section, whether the levy is to renew all, or a

portion of, the proceeds derived from the existing tax;  and the number of years in

which the millage is to be in effect, which may include a levy upon the current year's

tax list.  The number of years may be any number not exceeding five. The question shall be submitted at a special election on a date specified in the resolution.  The date shall not be earlier than eighty days after the adoption and certification

of the resolution to the county auditor and shall be consistent with the requirements

of section 3501.01 of the Revised Code .  A resolution adopted under division (C) of this section, or adopted under division

(D) of this section to renew a tax levied under that division, shall not be placed

on the ballot unless the question is submitted on a date on which a special election

may be held under division (D) of section 3501.01 of the Revised Code , except for the first Tuesday after the first Monday in August, during the last year

the existing tax may be extended on the tax list, or at any election held in the ensuing

year.  A resolution adopted under division (D) of this section, excluding a resolution

to renew a tax levied under that division, shall not be placed on the ballot unless

the question is submitted on a date on which a general election may be held during

the last year the existing tax may be extended on the tax list, or at any election

held in the ensuing year. The submission of questions to the electors under this section is subject to the limitation

on the number of election dates established by section 5705.214 of the Revised Code . The resolution shall go into immediate effect upon its passage, and no publication

of the resolution shall be necessary other than that provided for in the notice of

election.  A copy of the resolution shall immediately after its passing be certified to the

county auditor of the proper county. Section 5705.195 of the Revised Code shall govern the arrangements for the submission of questions to the electors under

this section and other matters concerning the election.  Publication of notice of the election shall be made in one newspaper of general

circulation in the county once a week for two consecutive weeks, or as provided in section 7.16 of the Revised Code , prior to the election.  If the board of elections operates and maintains a web site, the board of elections

shall post notice of the election on its web site for thirty days prior to the election.  If a majority of the electors voting on the question submitted in an election vote

in favor of the levy, the board of education of the school district may make the additional

levy necessary to raise the amount specified in the resolution for the purpose stated

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

budget commission. After the approval of the levy and prior to the time when the first tax collection

from the levy can be made, the board of education may anticipate a fraction of the

proceeds of the levy and issue anticipation notes in an amount not exceeding the total

estimated proceeds of the levy to be collected during the first year of the levy. The notes shall be issued as provided in section 133.24 of the Revised Code , shall have principal payments during each year after the year of their issuance

over a period not to exceed five years, and may have principal payment in the year

of their issuance.