Ohio § 5705.194
Full text of Ohio Ohio Revised Code § 5705.194, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 5705.194
What does Ohio Revised Code § 5705.194 cover?
Section 5705.194 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5705.194?
A common citation format is "Ohio Revised Code § 5705.194" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5705.194 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.