Bill Text: OH HB53 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To create an additional procedure for subdivisions to join a regional transit authority that levies a property tax and that includes a county having a population of at least 400,000 and to allow a subdivision that is a member of such a regional transit authority to withdraw from the authority.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2009-03-03 - To Transportation & Infrastructure [HB53 Detail]
Download: Ohio-2009-HB53-Introduced.html
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Representative Gardner
Cosponsors:
Representatives Boose, Adams, J., Jordan, Wagner, Huffman, Stebelton
| To enact sections 306.322 and 306.55 of the Revised | 1 |
| Code to create an additional procedure for | 2 |
| subdivisions to join a regional transit authority | 3 |
| that levies a property tax and that includes a | 4 |
| county having a population of at least 400,000 and | 5 |
| to allow a subdivision that is a member of such a | 6 |
| regional transit authority to withdraw from the | 7 |
| authority. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 306.322 and 306.55 of the Revised | 9 |
| Code be enacted to read as follows: | 10 |
| Sec. 306.322. (A) For any regional transit authority that | 11 |
| levies a property tax and that includes a county having a | 12 |
| population of at least four hundred thousand according to the most | 13 |
| recent federal census, the procedures of this section are in | 14 |
| addition to and an alternative to those established in sections | 15 |
| 306.32 and 306.321 for joining to the regional transit authority | 16 |
| additional counties, municipal corporations, or townships. | 17 |
| (B) Any county, municipal corporation, or township may adopt | 18 |
| a resolution or ordinance proposing to join a regional transit | 19 |
| authority described in division (A) of this section. In its | 20 |
| resolution or ordinance, the political subdivision may propose | 21 |
| joining the regional transit authority for a limited period of | 22 |
| three years or without a time limit. | 23 |
| (C) The political subdivision proposing to join the regional | 24 |
| transit authority shall submit a copy of its resolution or | 25 |
| ordinance to the board of the county commissioners of each county, | 26 |
| the legislative authority of each municipal corporation, and the | 27 |
| board of trustees of each township comprising the regional transit | 28 |
| authority. Within thirty days of receiving the resolution or | 29 |
| ordinance for inclusion in the regional transit authority, the | 30 |
| board of the county commissioners of each county, the legislative | 31 |
| authority of each municipal corporation, and the board of trustees | 32 |
| of each township shall consider the question of whether to include | 33 |
| the additional subdivision in the regional transit authority, | 34 |
| shall adopt a resolution or ordinance approving or rejecting the | 35 |
| inclusion of the additional subdivision, and shall present its | 36 |
| resolution or ordinance to the board of trustees of the regional | 37 |
| transit authority. | 38 |
| (D) If a majority of the political subdivisions comprising | 39 |
| the regional transit authority approve the inclusion of the | 40 |
| additional political subdivision, the board of trustees of the | 41 |
| regional transit authority, not later than the tenth day following | 42 |
| the day on which the last ordinance or resolution is presented, | 43 |
| shall notify the subdivision proposing to join the regional | 44 |
| transit authority that it may certify the proposal to the board of | 45 |
| elections for the purpose of having the proposal placed on the | 46 |
| ballot at the next general election or at a special election | 47 |
| conducted on the day of the next primary election that occurs not | 48 |
| less than seventy-five days after the resolution or ordinance is | 49 |
| certified to the board of elections. | 50 |
| (E) Upon certification of a proposal to the board of | 51 |
| elections pursuant to this section, the board of elections shall | 52 |
| make the necessary arrangements for the submission of the question | 53 |
| to the electors of the territory to be included in the regional | 54 |
| transit authority qualified to vote on the question, and the | 55 |
| election shall be held, canvassed, and certified in the same | 56 |
| manner as regular elections for the election of officers of the | 57 |
| subdivision proposing to join the regional transit authority, | 58 |
| except that, if the resolution proposed the inclusion without a | 59 |
| time limitation the question appearing on the ballot shall read: | 60 |
| "Shall the territory within the ......................... | 61 |
| (Name or names of political subdivisions to be joined) be added to | 62 |
| ......................... ......... (Name) regional transit | 63 |
| authority?" and shall a(n) .......... (here insert type of tax or | 64 |
| taxes) at a rate of taxation not to exceed ..... (here insert | 65 |
| maximum tax rate or rates) be levied for all transit purposes?" | 66 |
| If the resolution proposed the inclusion with a three-year | 67 |
| time limitation, the question appearing on the ballot shall read: | 68 |
| "Shall the territory within the ......................... | 69 |
| (Name or names of political subdivisions to be joined) be added to | 70 |
| ......................... ......... (Name) regional transit | 71 |
| authority?" for three years and shall a(n) .......... (here insert | 72 |
| type of tax or taxes) at a rate of taxation not to exceed ..... | 73 |
| (here insert maximum tax rate or rates) be levied for all transit | 74 |
| purposes for three years?" | 75 |
| (F) If the question is approved by at least a majority of the | 76 |
| electors voting on the question, the addition of the new territory | 77 |
| is immediately effective, and the regional transit authority may | 78 |
| extend the levy of the tax against all the taxable property within | 79 |
| the territory that was added. If the question is approved at a | 80 |
| general election or at a special election occurring prior to the | 81 |
| general election but after the fifteenth day of July, the regional | 82 |
| transit authority may amend its budget and resolution adopted | 83 |
| pursuant to section 5705.34 of the Revised Code, and the levy | 84 |
| shall be placed on the current tax list and duplicate and | 85 |
| collected as other taxes are collected from all taxable property | 86 |
| within the territorial boundaries of the regional transit | 87 |
| authority, including the territory within the political | 88 |
| subdivision added as a result of the election. If the budget of | 89 |
| the regional transit authority is amended pursuant to this | 90 |
| paragraph, the county auditor shall prepare and deliver an amended | 91 |
| certificate of estimated resources to reflect the change in | 92 |
| anticipated revenues of the regional transit authority. | 93 |
| (G) If the question is approved by at least a majority of the | 94 |
| electors voting on the question, the board of trustees of the | 95 |
| regional transit authority immediately shall amend the resolution | 96 |
| or ordinance creating the regional transit authority to include | 97 |
| the additional political subdivision. | 98 |
| (H) If the question approved by a majority of the electors | 99 |
| voting on the question added the subdivision for three years, the | 100 |
| territory of the additional county, municipal corporation, or | 101 |
| township in the regional transit authority shall be removed from | 102 |
| the territory of the regional transit authority three years after | 103 |
| the date the territory was added, as determined in the effective | 104 |
| date of the election, and shall no longer be a part of that | 105 |
| authority without any further action by either the political | 106 |
| subdivisions that were included in the authority prior to | 107 |
| submitting the question to the electors or of the political | 108 |
| subdivision added to the authority as a result of the election. | 109 |
| The regional transit authority reduced to its territory as it | 110 |
| existed prior to the inclusion of the additional county, municipal | 111 |
| corporation, or township, shall be entitled to levy and collect | 112 |
| any property taxes that it was authorized to levy and collect | 113 |
| prior to the enlargement of its territory and for which | 114 |
| authorization has not expired, as if the enlargement had not | 115 |
| occurred. | 116 |
| Sec. 306.55. Beginning November 1, 2009, any county, | 117 |
| municipal corporation, or township that has created or joined a | 118 |
| regional transit authority that levies a property tax and that | 119 |
| includes a county having a population of at least four hundred | 120 |
| thousand according to the most recent federal census, may | 121 |
| withdraw from the regional transit authority in the manner | 122 |
| provided in this section. The board of county commissioners, | 123 |
| legislative authority of the municipal corporation, or board of | 124 |
| township trustees of the township proposing to withdraw shall | 125 |
| adopt a resolution to submit the question of withdrawing from the | 126 |
| regional transit authority to the electors of the territory to be | 127 |
| withdrawn and shall certify the proposal to the board of elections | 128 |
| for the purpose of having the proposal placed on the ballot at the | 129 |
| next general election or at a special election conducted on the | 130 |
| day of the next primary election that occurs not less than | 131 |
| seventy-five days after the resolution is certified to the board | 132 |
| of elections. | 133 |
| Upon certification of a proposal to the board of elections | 134 |
| pursuant to this section, the board of elections shall make the | 135 |
| necessary arrangements for the submission of the question to the | 136 |
| electors of the territory to be withdrawn from the regional | 137 |
| transit authority qualified to vote on the question, and the | 138 |
| election shall be held, canvassed, and certified in the same | 139 |
| manner as regular elections for the election of officers of the | 140 |
| subdivision proposing to withdraw from the regional transit | 141 |
| authority, except that the question appearing on the ballot shall | 142 |
| read: | 143 |
| "Shall the territory within the ......................... | 144 |
| (Name of political subdivision to be withdrawn) be withdrawn from | 145 |
| ......................... ......... (Name) regional transit | 146 |
| authority?" | 147 |
| If the question is approved by at least a majority of the | 148 |
| electors voting on the question, the withdrawal is effective one | 149 |
| year from the date of the certification of its passage. | 150 |
| The board of elections to which the resolution was certified | 151 |
| shall certify the results of the election to the board or | 152 |
| legislative authority of the subdivision that submitted the | 153 |
| resolution to withdraw and to the board of trustees of the | 154 |
| regional transit authority from which the subdivision proposed to | 155 |
| withdraw. | 156 |
| If the question of withdrawing from the regional transit | 157 |
| authority is approved, the power of the regional transit authority | 158 |
| to levy a tax on taxable property in the withdrawing subdivision | 159 |
| terminates, except that the authority shall continue to levy and | 160 |
| collect taxes for the payment of indebtedness within the territory | 161 |
| of the regional transit authority as it existed at the time the | 162 |
| indebtedness was incurred. | 163 |
| Upon the passage of the question proposing the withdrawal of | 164 |
| any subdivision from a regional transit authority, the board of | 165 |
| trustees of the regional transit authority shall ascertain, | 166 |
| apportion, and order a division of the funds on hand, credits, | 167 |
| moneys, and taxes in the process of collection, except for taxes | 168 |
| levied for the payment of indebtedness, and real and personal | 169 |
| property, either in money or in kind, between the authority and | 170 |
| the withdrawing subdivision on any equitable basis consistent with | 171 |
| the resolutions creating the authority and any agreements between | 172 |
| the withdrawing subdivision and the authority, taking into | 173 |
| consideration the prior contributions of the withdrawing | 174 |
| subdivision. | 175 |
