Am. Sub. S. B. No. 8 As Passed by the Senate

As Passed by the Senate

128th General Assembly

Regular Session

2009-2010

Am. Sub. S. B. No. 8

Senator Seitz

Cosponsors: Senators Carey, Faber, Gibbs, Goodman, Niehaus, Patton, Wagoner, Harris, Jones, Husted

A BILL

To amend sections 3.02, 133.06, 133.18, 302.03,

302.09, 303.11, 303.12, 303.25, 305.02, 305.31,

306.32, 306.321, 306.70, 306.71, 307.676, 307.677,

307.695, 307.697, 307.791, 307.94, 307.95, 322.02,

322.021, 324.02, 324.021, 345.03, 351.26, 503.02,

503.161, 503.24, 503.41, 504.01, 504.03, 505.13,

505.14, 511.01, 511.22, 511.27, 511.28, 511.33,

511.34, 513.06, 513.13, 513.18, 517.05, 519.11,

519.12, 519.25, 705.01, 707.21, 709.29, 709.39,

709.45, 709.462, 709.48, 709.50, 715.69, 715.691,

715.70, 715.71, 715.77, 718.01, 718.09, 718.10,

731.03, 731.28, 731.29, 733.09, 733.261, 733.262,

733.31, 733.48, 749.021, 755.01, 757.02, 759.25,

1515.28, 1545.21, 1545.36, 1711.30, 1901.07,

1901.10, 1901.31, 1907.13, 2101.43, 2301.02,

3311.053, 3311.059, 3311.21, 3311.213, 3311.22,

3311.231, 3311.25, 3311.26, 3311.37, 3311.38,

3311.50, 3311.73, 3316.08, 3318.06, 3318.061,

3318.361, 3354.12, 3355.02, 3355.09, 3357.02,

3357.11, 3375.19, 3375.201, 3375.211, 3375.212,

3501.02, 3501.05, 3501.07, 3501.10, 3501.11,

3501.22, 3501.301, 3501.35, 3501.39, 3501.90,

3503.14, 3503.15, 3503.19, 3505.01, 3505.10,

3505.13, 3505.21, 3505.23, 3505.32, 3506.02,

3506.21, 3509.01, 3509.03, 3509.04, 3509.05,

3509.06, 3509.07, 3511.01, 3511.02, 3511.03,

3511.04, 3511.05, 3511.06, 3511.08, 3511.09,

3511.10, 3511.11, 3511.12, 3511.13, 3513.01,

3513.02, 3513.04, 3513.041, 3513.05, 3513.052,

3513.121, 3513.122, 3513.151, 3513.19, 3513.191,

3513.20, 3513.251, 3513.253, 3513.254, 3513.255,

3513.256, 3513.257, 3513.259, 3513.263, 3513.30,

3513.31, 3513.311, 3513.312, 3515.09, 3519.08,

3519.16, 3709.051, 3709.071, 3709.29, 3767.05,

3769.27, 4301.33, 4301.331, 4301.332, 4301.333,

4301.334, 4301.356, 4301.421, 4301.424, 4303.29,

4305.14, 4504.021, 4504.15, 4504.16, 4504.21,

4928.20, 4929.26, 4931.51, 4931.52, 4931.53,

4951.44, 4955.05, 5705.19, 5705.191, 5705.195,

5705.199, 5705.20, 5705.21, 5705.211, 5705.212,

5705.213, 5705.217, 5705.218, 5705.219, 5705.2111,

5705.22, 5705.221, 5705.222, 5705.23, 5705.24,

5705.25, 5705.251, 5705.261, 5705.27, 5705.71,

5739.021, 5739.022, 5739.026, 5743.021, 5743.024,

5743.026, 5748.02, 5748.04, 5748.08, 6105.18,

6105.20, 6119.31, and 6119.32, to enact sections

125.042, 3501.012, 3503.191, 3505.184, 3511.021,

and 3511.14, and to repeal section 3509.022 of the

Revised Code to revise the Election Law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3.02, 133.06, 133.18, 302.03,	50
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321,	51
306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 307.791,	52
307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26,	53
503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14,	54
511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13,	55
513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29,	56
709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70,	57
715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29,	58
733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02,	59
759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10,	60
1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21,	61
3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38,	62
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12,	63
3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211,	64
3375.212, 3501.02, 3501.05, 3501.07, 3501.10, 3501.11, 3501.22,	65
3501.301, 3501.35, 3501.39, 3501.90, 3503.14, 3503.15, 3503.19,	66
3505.01, 3505.10, 3505.13, 3505.21, 3505.23, 3505.32, 3506.02,	67
3506.21, 3509.01, 3509.03, 3509.04, 3509.05, 3509.06, 3509.07,	68
3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 3511.08,	69
3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 3513.02,	70
3513.04, 3513.041, 3513.05, 3513.052, 3513.121, 3513.122,	71
3513.151, 3513.19, 3513.191, 3513.20, 3513.251, 3513.253,	72
3513.254, 3513.255, 3513.256, 3513.257, 3513.259, 3513.263,	73
3513.30, 3513.31, 3513.311, 3513.312, 3515.09, 3519.08, 3519.16,	74
3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4301.33, 4301.331,	75
4301.332, 4301.333, 4301.334, 4301.356, 4301.421, 4301.424,	76
4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 4504.21, 4928.20,	77
4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 4955.05, 5705.19,	78
5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 5705.211,	79
5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 5705.2111,	80
5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251,	81
5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026,	82
5743.021, 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, 6105.18,	83
6105.20, 6119.31, and 6119.32 be amended and sections 125.042,	84
3501.012, 3503.191, 3505.184, 3511.021, and 3511.14 of the Revised	85
Code be enacted to read as follows:	86

Sec. 3.02. (A) When an elective office becomes vacant and is	87
filled by appointment, such appointee shall hold the office until	88
~~his~~the appointee's successor is elected and qualified; and such	89
successor shall be elected for the unexpired term, at the first	90
general election for the office which is vacant that occurs more	91
than ~~forty~~fifty-six days after the vacancy has occurred; provided	92
that when the unexpired term ends within one year immediately	93
following the date of such general election, an election to fill	94
such unexpired term shall not be held and the appointment shall be	95
for such unexpired term.	96

(B) When an elective office becomes vacant and is filled by	97
appointment, the appointing authority shall, immediately but no	98
later than seven days after making the appointment, certify it to	99
the board of elections and to the secretary of state. The board of	100
elections or, in the case of an appointment to a statewide office,	101
the secretary of state shall issue a certificate of appointment to	102
the appointee. Certificates of appointment shall be in such form	103
as the secretary of state shall prescribe.	104

(C) When an elected candidate fails to qualify for the office	105
to which hethe candidate has been elected, the office shall be	106
filled as in the case of a vacancy. Until so filled, the incumbent	107
officer shall continue to hold office. This section does not	108
postpone the time for such election beyond that at which it would	109
have been held had no such vacancy occurred, or affect the	110
official term, or the time for the commencement thereof, of any	111
person elected to such office before the occurrence of such	112
vacancy.	113

Sec. 125.042. (A) The department of administrative services,	114
by rule adopted under Chapter 119. of the Revised Code, shall	115
establish a purchasing program through which the department enters	116
into purchase contracts for supplies used by boards of elections,	117
including any polling place supplies required under section	118
3501.30 of the Revised Code. A board of elections that opts to	119
participate in the purchasing program may purchase its supplies	120
through the contracts entered into by the department.	121

(B) Purchases that a board of elections makes under this	122
section are exempt from any competitive selection procedures	123
otherwise required by law.	124

Sec. 133.06. (A) A school district shall not incur, without	125
a vote of the electors, net indebtedness that exceeds an amount	126
equal to one-tenth of one per cent of its tax valuation, except as	127
provided in divisions (G) and (H) of this section and in division	128
(C) of section 3313.372 of the Revised Code, or as prescribed in	129
section 3318.052 or 3318.44 of the Revised Code, or as provided in	130
division (J) of this section.	131

(B) Except as provided in divisions (E), (F), and (I) of this	132
section, a school district shall not incur net indebtedness that	133
exceeds an amount equal to nine per cent of its tax valuation.	134

(C) A school district shall not submit to a vote of the	135
electors the question of the issuance of securities in an amount	136
that will make the district's net indebtedness after the issuance	137
of the securities exceed an amount equal to four per cent of its	138
tax valuation, unless the superintendent of public instruction,	139
acting under policies adopted by the state board of education, and	140
the tax commissioner, acting under written policies of the	141
commissioner, consent to the submission. A request for the	142
consents shall be made at least one hundred ~~five~~twenty days prior	143
to the election at which the question is to be submitted.	144

The superintendent of public instruction shall certify to the	145
district the superintendent's and the tax commissioner's decisions	146
within thirty days after receipt of the request for consents.	147

If the electors do not approve the issuance of securities at	148
the election for which the superintendent of public instruction	149
and tax commissioner consented to the submission of the question,	150
the school district may submit the same question to the electors	151
on the date that the next special election may be held under	152
section 3501.01 of the Revised Code without submitting a new	153
request for consent. If the school district seeks to submit the	154
same question at any other subsequent election, the district shall	155
first submit a new request for consent in accordance with this	156
division.	157

(D) In calculating the net indebtedness of a school district,	158
none of the following shall be considered:	159

(1) Securities issued to acquire school buses and other	160
equipment used in transporting pupils or issued pursuant to	161
division (D) of section 133.10 of the Revised Code;	162

(2) Securities issued under division (F) of this section,	163
under section 133.301 of the Revised Code, and, to the extent in	164
excess of the limitation stated in division (B) of this section,	165
under division (E) of this section;	166

(3) Indebtedness resulting from the dissolution of a joint	167
vocational school district under section 3311.217 of the Revised	168
Code, evidenced by outstanding securities of that joint vocational	169
school district;	170

(4) Loans, evidenced by any securities, received under	171
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	172
Revised Code;	173

(5) Debt incurred under section 3313.374 of the Revised Code;

174

(6) Debt incurred pursuant to division (B)(5) of section	175
3313.37 of the Revised Code to acquire computers and related	176
hardware;	177

(7) Debt incurred under section 3318.042 of the Revised Code.

178

(E) A school district may become a special needs district as	179
to certain securities as provided in division (E) of this section.	180

(1) A board of education, by resolution, may declare its	181
school district to be a special needs district by determining both	182
of the following:	183

(a) The student population is not being adequately serviced	184
by the existing permanent improvements of the district.	185

(b) The district cannot obtain sufficient funds by the	186
issuance of securities within the limitation of division (B) of	187
this section to provide additional or improved needed permanent	188
improvements in time to meet the needs.	189

(2) The board of education shall certify a copy of that	190
resolution to the superintendent of public instruction with a	191
statistical report showing all of the following:	192

(a) A history of and a projection of the growth of the	193
student population;	194

(b) The history of and a projection of the growth of the tax	195
valuation;	196

197

(d) The estimated cost of permanent improvements proposed to	198
meet such projected needs.	199

(3) The superintendent of public instruction shall certify	200
the district as an approved special needs district if the	201
superintendent finds both of the following:	202

(a) The district does not have available sufficient	203
additional funds from state or federal sources to meet the	204
projected needs.	205

(b) The projection of the potential average growth of tax	206
valuation during the next five years, according to the information	207
certified to the superintendent and any other information the	208
superintendent obtains, indicates a likelihood of potential	209
average growth of tax valuation of the district during the next	210
five years of an average of not less than three per cent per year.	211
The findings and certification of the superintendent shall be	212
conclusive.	213

(4) An approved special needs district may incur net	214
indebtedness by the issuance of securities in accordance with the	215
provisions of this chapter in an amount that does not exceed an	216
amount equal to the greater of the following:	217

(a) Nine per cent of the sum of its tax valuation plus an	218
amount that is the product of multiplying that tax valuation by	219
the percentage by which the tax valuation has increased over the	220
tax valuation on the first day of the sixtieth month preceding the	221
month in which its board determines to submit to the electors the	222
question of issuing the proposed securities;	223

(b) Nine per cent of the sum of its tax valuation plus an	224
amount that is the product of multiplying that tax valuation by	225
the percentage, determined by the superintendent of public	226
instruction, by which that tax valuation is projected to increase	227
during the next ten years.	228

(F) A school district may issue securities for emergency	229
purposes, in a principal amount that does not exceed an amount	230
equal to three per cent of its tax valuation, as provided in this	231
division.	232

(1) A board of education, by resolution, may declare an	233
emergency if it determines both of the following:	234

(a) School buildings or other necessary school facilities in	235
the district have been wholly or partially destroyed, or condemned	236
by a constituted public authority, or that such buildings or	237
facilities are partially constructed, or so constructed or planned	238
as to require additions and improvements to them before the	239
buildings or facilities are usable for their intended purpose, or	240
that corrections to permanent improvements are necessary to remove	241
or prevent health or safety hazards.	242

(b) Existing fiscal and net indebtedness limitations make	243
adequate replacement, additions, or improvements impossible.	244

(2) Upon the declaration of an emergency, the board of	245
education may, by resolution, submit to the electors of the	246
district pursuant to section 133.18 of the Revised Code the	247
question of issuing securities for the purpose of paying the cost,	248
in excess of any insurance or condemnation proceeds received by	249
the district, of permanent improvements to respond to the	250
emergency need.	251

(3) The procedures for the election shall be as provided in	252
section 133.18 of the Revised Code, except that:	253

(a) The form of the ballot shall describe the emergency	254
existing, refer to this division as the authority under which the	255
emergency is declared, and state that the amount of the proposed	256
securities exceeds the limitations prescribed by division (B) of	257
this section;	258

(b) The resolution required by division (B) of section 133.18	259
of the Revised Code shall be certified to the county auditor and	260
the board of elections at least ~~seventy-five~~one hundred days	261
prior to the election;	262

(c) The county auditor shall advise and, not later than	263
~~sixty-five~~ninety-five days before the election, confirm that	264
advice by certification to, the board of education of the	265
information required by division (C) of section 133.18 of the	266
Revised Code;	267

(d) The board of education shall then certify its resolution	268
and the information required by division (D) of section 133.18 of	269
the Revised Code to the board of elections not less than ~~sixty~~	270
ninety days prior to the election.	271

(4) Notwithstanding division (B) of section 133.21 of the	272
Revised Code, the first principal payment of securities issued	273
under this division may be set at any date not later than sixty	274
months after the earliest possible principal payment otherwise	275
provided for in that division.	276

(G) The board of education may contract with an architect,	277
professional engineer, or other person experienced in the design	278
and implementation of energy conservation measures for an analysis	279
and recommendations pertaining to installations, modifications of	280
installations, or remodeling that would significantly reduce	281
energy consumption in buildings owned by the district. The report	282
shall include estimates of all costs of such installations,	283
modifications, or remodeling, including costs of design,	284
engineering, installation, maintenance, repairs, and debt service,	285
and estimates of the amounts by which energy consumption and	286
resultant operational and maintenance costs, as defined by the	287
Ohio school facilities commission, would be reduced.	288

If the board finds after receiving the report that the amount	289
of money the district would spend on such installations,	290
modifications, or remodeling is not likely to exceed the amount of	291
money it would save in energy and resultant operational and	292
maintenance costs over the ensuing fifteen years, the board may	293
submit to the commission a copy of its findings and a request for	294
approval to incur indebtedness to finance the making or	295
modification of installations or the remodeling of buildings for	296
the purpose of significantly reducing energy consumption.	297

If the commission determines that the board's findings are	298
reasonable, it shall approve the board's request. Upon receipt of	299
the commission's approval, the district may issue securities	300
without a vote of the electors in a principal amount not to exceed	301
nine-tenths of one per cent of its tax valuation for the purpose	302
of making such installations, modifications, or remodeling, but	303
the total net indebtedness of the district without a vote of the	304
electors incurred under this and all other sections of the Revised	305
Code, except section 3318.052 of the Revised Code, shall not	306
exceed one per cent of the district's tax valuation.	307

So long as any securities issued under division (G) of this	308
section remain outstanding, the board of education shall monitor	309
the energy consumption and resultant operational and maintenance	310
costs of buildings in which installations or modifications have	311
been made or remodeling has been done pursuant to division (G) of	312
this section and shall maintain and annually update a report	313
documenting the reductions in energy consumption and resultant	314
operational and maintenance cost savings attributable to such	315
installations, modifications, or remodeling. The report shall be	316
certified by an architect or engineer independent of any person	317
that provided goods or services to the board in connection with	318
the energy conservation measures that are the subject of the	319
report. The resultant operational and maintenance cost savings	320
shall be certified by the school district treasurer. The report	321
shall be made available to the commission upon request.	322

(H) With the consent of the superintendent of public	323
instruction, a school district may incur without a vote of the	324
electors net indebtedness that exceeds the amounts stated in	325
divisions (A) and (G) of this section for the purpose of paying	326
costs of permanent improvements, if and to the extent that both of	327
the following conditions are satisfied:	328

(1) The fiscal officer of the school district estimates that	329
receipts of the school district from payments made under or	330
pursuant to agreements entered into pursuant to section 725.02,	331
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	332
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	333
Code, or distributions under division (C) of section 5709.43 of	334
the Revised Code, or any combination thereof, are, after	335
accounting for any appropriate coverage requirements, sufficient	336
in time and amount, and are committed by the proceedings, to pay	337
the debt charges on the securities issued to evidence that	338
indebtedness and payable from those receipts, and the taxing	339
authority of the district confirms the fiscal officer's estimate,	340
which confirmation is approved by the superintendent of public	341
instruction;	342

(2) The fiscal officer of the school district certifies, and	343
the taxing authority of the district confirms, that the district,	344
at the time of the certification and confirmation, reasonably	345
expects to have sufficient revenue available for the purpose of	346
operating such permanent improvements for their intended purpose	347
upon acquisition or completion thereof, and the superintendent of	348
public instruction approves the taxing authority's confirmation.	349

The maximum maturity of securities issued under division (H)	350
of this section shall be the lesser of twenty years or the maximum	351
maturity calculated under section 133.20 of the Revised Code.	352

(I) A school district may incur net indebtedness by the	353
issuance of securities in accordance with the provisions of this	354
chapter in excess of the limit specified in division (B) or (C) of	355
this section when necessary to raise the school district portion	356
of the basic project cost and any additional funds necessary to	357
participate in a project under Chapter 3318. of the Revised Code,	358
including the cost of items designated by the Ohio school	359
facilities commission as required locally funded initiatives and	360
the cost for site acquisition. The school facilities commission	361
shall notify the superintendent of public instruction whenever a	362
school district will exceed either limit pursuant to this	363
division.	364

(J) A school district whose portion of the basic project cost	365
of its classroom facilities project under sections 3318.01 to	366
3318.20 of the Revised Code is greater than or equal to one	367
hundred million dollars may incur without a vote of the electors	368
net indebtedness in an amount up to two per cent of its tax	369
valuation through the issuance of general obligation securities in	370
order to generate all or part of the amount of its portion of the	371
basic project cost if the controlling board has approved the	372
school facilities commission's conditional approval of the project	373
under section 3318.04 of the Revised Code. The school district	374
board and the Ohio school facilities commission shall include the	375
dedication of the proceeds of such securities in the agreement	376
entered into under section 3318.08 of the Revised Code. No state	377
moneys shall be released for a project to which this section	378
applies until the proceeds of any bonds issued under this section	379
that are dedicated for the payment of the school district portion	380
of the project are first deposited into the school district's	381
project construction fund.	382

Sec. 133.18. (A) The taxing authority of a subdivision may	383
by legislation submit to the electors of the subdivision the	384
question of issuing any general obligation bonds, for one purpose,	385
that the subdivision has power or authority to issue.	386

(B) When the taxing authority of a subdivision desires or is	387
required by law to submit the question of a bond issue to the	388
electors, it shall pass legislation that does all of the	389
following:	390

(1) Declares the necessity and purpose of the bond issue;

391

(2) States the date of the authorized election at which the	392
question shall be submitted to the electors;	393

(3) States the amount, approximate date, estimated net	394
average rate of interest, and maximum number of years over which	395
the principal of the bonds may be paid;	396

(4) Declares the necessity of levying a tax outside the tax	397
limitation to pay the debt charges on the bonds and any	398
anticipatory securities.	399

The estimated net average interest rate shall be determined	400
by the taxing authority based on, among other factors, then	401
existing market conditions, and may reflect adjustments for any	402
anticipated direct payments expected to be received by the taxing	403
authority from the government of the United States relating to the	404
bonds and the effect of any federal tax credits anticipated to be	405
available to owners of all or a portion of the bonds. The	406
estimated net average rate of interest, and any statutory or	407
charter limit on interest rates that may then be in effect and	408
that is subsequently amended, shall not be a limitation on the	409
actual interest rate or rates on the securities when issued.	410

(C)(1) The taxing authority shall certify a copy of the	411
legislation passed under division (B) of this section to the	412
county auditor. The county auditor shall promptly calculate and	413
advise and, not later than ~~seventy-five~~ninety days before the	414
election, confirm that advice by certification to, the taxing	415
authority the estimated average annual property tax levy,	416
expressed in cents or dollars and cents for each one hundred	417
dollars of tax valuation and in mills for each one dollar of tax	418
valuation, that the county auditor estimates to be required	419
throughout the stated maturity of the bonds to pay the debt	420
charges on the bonds. In calculating the estimated average annual	421
property tax levy for this purpose, the county auditor shall	422
assume that the bonds are issued in one series bearing interest	423
and maturing in substantially equal principal amounts in each year	424
over the maximum number of years over which the principal of the	425
bonds may be paid as stated in that legislation, and that the	426
amount of the tax valuation of the subdivision for the current	427
year remains the same throughout the maturity of the bonds, except	428
as otherwise provided in division (C)(2) of this section. If the	429
tax valuation for the current year is not determined, the county	430
auditor shall base the calculation on the estimated amount of the	431
tax valuation submitted by the county auditor to the county budget	432
commission. If the subdivision is located in more than one county,	433
the county auditor shall obtain the assistance of the county	434
auditors of the other counties, and those county auditors shall	435
provide assistance, in establishing the tax valuation of the	436
subdivision for purposes of certifying the estimated average	437
annual property tax levy.	438

(2) When considering the tangible personal property component	439
of the tax valuation of the subdivision, the county auditor shall	440
take into account the assessment percentages prescribed in section	441
5711.22 of the Revised Code. The tax commissioner may issue rules,	442
orders, or instructions directing how the assessment percentages	443
must be utilized.	444

(D) After receiving the county auditor's advice under	445
division (C) of this section, the taxing authority by legislation	446
may determine to proceed with submitting the question of the issue	447
of securities, and shall, not later than the ~~seventy-fifth~~	448
ninetieth day before the day of the election, file the following	449
with the board of elections:	450

(1) Copies of the legislation provided for in divisions (B)	451
and (D) of this section;	452

(2) The amount of the estimated average annual property tax	453
levy, expressed in cents or dollars and cents for each one hundred	454
dollars of tax valuation and in mills for each one dollar of tax	455
valuation, as estimated and certified to the taxing authority by	456
the county auditor.	457

(E)(1) The board of elections shall prepare the ballots and	458
make other necessary arrangements for the submission of the	459
question to the electors of the subdivision. If the subdivision is	460
located in more than one county, the board shall inform the boards	461
of elections of the other counties of the filings with it, and	462
those other boards shall if appropriate make the other necessary	463
arrangements for the election in their counties. The election	464
shall be conducted, canvassed, and certified in the manner	465
provided in Title XXXV of the Revised Code.	466

(2) The election shall be held at the regular places for	467
voting in the subdivision. If the electors of only a part of a	468
precinct are qualified to vote at the election the board of	469
elections may assign the electors in that part to an adjoining	470
precinct, including an adjoining precinct in another county if the	471
board of elections of the other county consents to and approves	472
the assignment. Each elector so assigned shall be notified of that	473
fact prior to the election by notice mailed by the board of	474
elections, in such manner as it determines, prior to the election.	475

(3) The board of elections shall publish a notice of the	476
election, in one or more newspapers of general circulation in the	477
subdivision, at least once no later than ten days prior to the	478
election. The notice shall state all of the following:	479

(a) The principal amount of the proposed bond issue;

480

(b) The stated purpose for which the bonds are to be issued;

481

(c) The maximum number of years over which the principal of	482
the bonds may be paid;	483

(d) The estimated additional average annual property tax	484
levy, expressed in cents or dollars and cents for each one hundred	485
dollars of tax valuation and in mills for each one dollar of tax	486
valuation, to be levied outside the tax limitation, as estimated	487
and certified to the taxing authority by the county auditor;	488

(e) The first calendar year in which the tax is expected to	489
be due.	490

(F)(1) The form of the ballot to be used at the election	491
shall be substantially either of the following, as applicable:	492

(a) "Shall bonds be issued by the ............ (name of	493
subdivision) for the purpose of ........... (purpose of the bond	494
issue) in the principal amount of .......... (principal amount of	495
the bond issue), to be repaid annually over a maximum period of	496
.......... (the maximum number of years over which the principal	497
of the bonds may be paid) years, and an annual levy of property	498
taxes be made outside the .......... (as applicable, "ten-mill" or	499
"...charter tax") limitation, estimated by the county auditor to	500
average over the repayment period of the bond issue ..........	501
(number of mills) mills for each one dollar of tax valuation,	502
which amounts to .......... (rate expressed in cents or dollars	503
and cents, such as "36 cents" or "$1.41") for each one hundred	504
dollars of tax valuation, commencing in .......... (first year the	505
tax will be levied), first due in calendar year .......... (first	506
calendar year in which the tax shall be due), to pay the annual	507
debt charges on the bonds, and to pay debt charges on any notes	508
issued in anticipation of those bonds?	509

510

		For the bond issue			511
		Against the bond issue	"		512

513

(b) In the case of an election held pursuant to legislation	514
adopted under section 3375.43 or 3375.431 of the Revised Code:	515

"Shall bonds be issued for .......... (name of library) for	516
the purpose of .......... (purpose of the bond issue), in the	517
principal amount of .......... (amount of the bond issue) by	518
.......... (the name of the subdivision that is to issue the bonds	519
and levy the tax) as the issuer of the bonds, to be repaid	520
annually over a maximum period of .......... (the maximum number	521
of years over which the principal of the bonds may be paid) years,	522
and an annual levy of property taxes be made outside the ten-mill	523
limitation, estimated by the county auditor to average over the	524
repayment period of the bond issue .......... (number of mills)	525
mills for each one dollar of tax valuation, which amounts to	526
.......... (rate expressed in cents or dollars and cents, such as	527
"36 cents" or "$1.41") for each one hundred dollars of tax	528
valuation, commencing in .......... (first year the tax will be	529
levied), first due in calendar year .......... (first calendar	530
year in which the tax shall be due), to pay the annual debt	531
charges on the bonds, and to pay debt charges on any notes issued	532
in anticipation of those bonds?	533

534

		For the bond issue			535
		Against the bond issue	"		536

537

(2) The purpose for which the bonds are to be issued shall be	538
printed in the space indicated, in boldface type.	539

(G) The board of elections shall promptly certify the results	540
of the election to the tax commissioner, the county auditor of	541
each county in which any part of the subdivision is located, and	542
the fiscal officer of the subdivision. The election, including the	543
proceedings for and result of the election, is incontestable other	544
than in a contest filed under section 3515.09 of the Revised Code	545
in which the plaintiff prevails.	546

(H) If a majority of the electors voting upon the question	547
vote for it, the taxing authority of the subdivision may proceed	548
under sections 133.21 to 133.33 of the Revised Code with the	549
issuance of the securities and with the levy and collection of a	550
property tax outside the tax limitation during the period the	551
securities are outstanding sufficient in amount to pay the debt	552
charges on the securities, including debt charges on any	553
anticipatory securities required to be paid from that tax. If	554
legislation passed under section 133.22 or 133.23 of the Revised	555
Code authorizing those securities is filed with the county auditor	556
on or before the last day of November, the amount of the voted	557
property tax levy required to pay debt charges or estimated debt	558
charges on the securities payable in the following year shall if	559
requested by the taxing authority be included in the taxes levied	560
for collection in the following year under section 319.30 of the	561
Revised Code.	562

(I)(1) If, before any securities authorized at an election	563
under this section are issued, the net indebtedness of the	564
subdivision exceeds that applicable to that subdivision or those	565
securities, then and so long as that is the case none of the	566
securities may be issued.	567

(2) No securities authorized at an election under this	568
section may be initially issued after the first day of the sixth	569
January following the election, but this period of limitation	570
shall not run for any time during which any part of the permanent	571
improvement for which the securities have been authorized, or the	572
issuing or validity of any part of the securities issued or to be	573
issued, or the related proceedings, is involved or questioned	574
before a court or a commission or other tribunal, administrative	575
agency, or board.	576

(3) Securities representing a portion of the amount	577
authorized at an election that are issued within the applicable	578
limitation on net indebtedness are valid and in no manner affected	579
by the fact that the balance of the securities authorized cannot	580
be issued by reason of the net indebtedness limitation or lapse of	581
time.	582

(4) Nothing in this division (I) shall be interpreted or	583
applied to prevent the issuance of securities in an amount to fund	584
or refund anticipatory securities lawfully issued.	585

(5) The limitations of divisions (I)(1) and (2) of this	586
section do not apply to any securities authorized at an election	587
under this section if at least ten per cent of the principal	588
amount of the securities, including anticipatory securities,	589
authorized has theretofore been issued, or if the securities are	590
to be issued for the purpose of participating in any federally or	591
state-assisted program.	592

(6) The certificate of the fiscal officer of the subdivision	593
is conclusive proof of the facts referred to in this division.	594

Sec. 302.03. (A) The board of county commissioners of any	595
county may, by a two-thirds vote of the board, or shall, upon	596
petition by three per cent of the electors of the county as	597
determined by the number of votes cast therein for the office of	598
governor at the most recent gubernatorial election, by resolution,	599
cause the board of elections in the county to submit to the	600
electors of the county the question of adopting one of the	601
alternative forms of county government authorized by sections	602
302.01 to 302.24 of the Revised Code. The question shall be voted	603
upon at the next general election occurring not less than	604
~~seventy-five~~ninety days after the certification of the resolution	605
to the board of elections.	606

(B) If, in any county, a resolution is adopted by the board	607
of county commissioners requiring that the question of choosing a	608
commission to frame a county charter be submitted to the electors	609
thereof prior to the resolution provided for in this section, the	610
proposition to adopt an alternative form of county government	611
provided in sections 302.01 to 302.24 of the Revised Code, shall	612
not be submitted in that county as long as the question of	613
choosing such commission or of adopting a charter framed by such	614
commission is pending therein.	615

(C) Any proposition for an alternative form of county	616
government shall specify the number of members of the board of	617
county commissioners, how many shall be elected at large, or how	618
many shall be elected by districts.	619

Sec. 302.09. When a vacancy occurs in the board of county	620
commissioners or in the office of county auditor, county	621
treasurer, prosecuting attorney, clerk of the court of common	622
pleas, sheriff, county recorder, county engineer, or coroner more	623
than ~~forty~~fifty days before the next general election for state	624
and county officers, the vacancy shall be filled as provided for	625
in divisions (A) and (B) of section 305.02 of the Revised Code.	626

Sec. 303.11. If the zoning resolution is adopted by the	627
board of county commissioners, such board shall cause the question	628
of whether or not the proposed plan of zoning shall be put into	629
effect to be submitted to the electors residing in the	630
unincorporated area of the county included in the proposed plan of	631
zoning for their approval or rejection at the next primary or	632
general election, or a special election may be called for this	633
purpose. Such resolution shall be filed with the board of	634
elections not later than four p.m. on the ~~seventy-fifth~~ninetieth	635
day before the day of the election. No zoning regulations shall be	636
put into effect in any township, unless a majority of the vote	637
cast on the issue in that township is in favor of the proposed	638
plan of zoning. Upon certification by the board of elections the	639
resolution shall take immediate effect in all townships which	640
voted approval, eliminating from the plan any township which did	641
not vote approval.	642

Within five working days after the resolution's effective	643
date, the board of county commissioners shall file it, including	644
text and maps, in the office of the county recorder. The board	645
shall also file duplicates of the same documents with the regional	646
or county planning commission, if one exists, within the same	647
period.	648

The board shall file all resolutions, including text and	649
maps, that are in effect on January 1, 1992, in the office of the	650
county recorder within thirty working days after that date. The	651
board shall also file duplicates of the same documents with the	652
regional or county planning commission, if one exists, within the	653
same period.	654

The failure to file a resolution, or any text and maps, or	655
duplicates of any of these documents, with the office of the	656
county recorder or the county or regional planning commission as	657
required by this section does not invalidate the resolution and is	658
not grounds for an appeal of any decision of the board of zoning	659
appeals.	660

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	661
be initiated by motion of the county rural zoning commission, by	662
the passage of a resolution by the board of county commissioners,	663
or by the filing of an application by one or more of the owners or	664
lessees of property within the area proposed to be changed or	665
affected by the proposed amendment with the county rural zoning	666
commission. The board of county commissioners may require that the	667
owner or lessee of property filing an application to amend the	668
zoning resolution pay a fee to defray the cost of advertising,	669
mailing, filing with the county recorder, and other expenses. If	670
the board of county commissioners requires such a fee, it shall be	671
required generally, for each application. The board of county	672
commissioners, upon the passage of such a resolution, shall	673
certify it to the county rural zoning commission.	674

(2) Upon the adoption of a motion by the county rural zoning	675
commission, the certification of a resolution by the board of	676
county commissioners to the commission, or the filing of an	677
application by property owners or lessees as described in division	678
(A)(1) of this section with the commission, the commission shall	679
set a date for a public hearing, which date shall not be less than	680
twenty nor more than forty days from the date of adoption of such	681
a motion, the date of the certification of such a resolution, or	682
the date of the filing of such an application. Notice of the	683
hearing shall be given by the commission by one publication in one	684
or more newspapers of general circulation in each township	685
affected by the proposed amendment at least ten days before the	686
date of the hearing.	687

(B) If the proposed amendment intends to rezone or redistrict	688
ten or fewer parcels of land, as listed on the county auditor's	689
current tax list, written notice of the hearing shall be mailed by	690
the county rural zoning commission, by first class mail, at least	691
ten days before the date of the public hearing to all owners of	692
property within and contiguous to and directly across the street	693
from the area proposed to be rezoned or redistricted to the	694
addresses of those owners appearing on the county auditor's	695
current tax list. The failure of delivery of that notice shall not	696
invalidate any such amendment.	697

(C) If the proposed amendment intends to rezone or redistrict	698
ten or fewer parcels of land as listed on the county auditor's	699
current tax list, the published and mailed notices shall set forth	700
the time, date, and place of the public hearing and include all of	701
the following:	702

(1) The name of the county rural zoning commission that will	703
be conducting the hearing;	704

(2) A statement indicating that the motion, resolution, or	705
application is an amendment to the zoning resolution;	706

(3) A list of the addresses of all properties to be rezoned	707
or redistricted by the proposed amendment and of the names of	708
owners of these properties, as they appear on the county auditor's	709
current tax list;	710

(4) The present zoning classification of property named in	711
the proposed amendment and the proposed zoning classification of	712
that property;	713

(5) The time and place where the motion, resolution, or	714
application proposing to amend the zoning resolution will be	715
available for examination for a period of at least ten days prior	716
to the hearing;	717

(6) The name of the person responsible for giving notice of	718
the public hearing by publication, by mail, or by both publication	719
and mail;	720

(7) A statement that, after the conclusion of the hearing,	721
the matter will be submitted to the board of county commissioners	722
for its action;	723

(8) Any other information requested by the commission.

724

(D) If the proposed amendment alters the text of the zoning	725
resolution, or rezones or redistricts more than ten parcels of	726
land as listed on the county auditor's current tax list, the	727
published notice shall set forth the time, date, and place of the	728
public hearing and include all of the following:	729

(1) The name of the county rural zoning commission that will	730
be conducting the hearing on the proposed amendment;	731

(2) A statement indicating that the motion, application, or	732
resolution is an amendment to the zoning resolution;	733

(3) The time and place where the text and maps of the	734
proposed amendment will be available for examination for a period	735
of at least ten days prior to the hearing;	736

(4) The name of the person responsible for giving notice of	737
the hearing by publication;	738

(5) A statement that, after the conclusion of the hearing,	739
the matter will be submitted to the board of county commissioners	740
for its action;	741

(6) Any other information requested by the commission.

742

Hearings shall be held in the county court house or in a	743
public place designated by the commission.	744

(E) Within five days after the adoption of the motion	745
described in division (A) of this section, the certification of	746
the resolution described in division (A) of this section, or the	747
filing of the application described in division (A) of this	748
section, the county rural zoning commission shall transmit a copy	749
of it together with text and map pertaining to it to the county or	750
regional planning commission, if there is such a commission.	751

The county or regional planning commission shall recommend	752
the approval or denial of the proposed amendment or the approval	753
of some modification of it and shall submit its recommendation to	754
the county rural zoning commission. The recommendation shall be	755
considered at the public hearing held by the county rural zoning	756
commission on the proposed amendment.	757

The county rural zoning commission, within thirty days after	758
the hearing, shall recommend the approval or denial of the	759
proposed amendment, or the approval of some modification of it,	760
and shall submit that recommendation together with the motion,	761
application, or resolution involved, the text and map pertaining	762
to the proposed amendment, and the recommendation of the county or	763
regional planning commission on it to the board of county	764
commissioners.	765

The board of county commissioners, upon receipt of that	766
recommendation, shall set a time for a public hearing on the	767
proposed amendment, which date shall be not more than thirty days	768
from the date of the receipt of that recommendation. Notice of the	769
hearing shall be given by the board by one publication in one or	770
more newspapers of general circulation in the county, at least ten	771
days before the date of the hearing.	772

(F) If the proposed amendment intends to rezone or redistrict	773
ten or fewer parcels of land as listed on the county auditor's	774
current tax list, the published notice shall set forth the time,	775
date, and place of the public hearing and include all of the	776
following:	777

(1) The name of the board of county commissioners that will	778
be conducting the hearing;	779

(2) A statement indicating that the motion, application, or	780
resolution is an amendment to the zoning resolution;	781

(3) A list of the addresses of all properties to be rezoned	782
or redistricted by the proposed amendment and of the names of	783
owners of those properties, as they appear on the county auditor's	784
current tax list;	785

(4) The present zoning classification of property named in	786
the proposed amendment and the proposed zoning classification of	787
that property;	788

(5) The time and place where the motion, application, or	789
resolution proposing to amend the zoning resolution will be	790
available for examination for a period of at least ten days prior	791
to the hearing;	792

(6) The name of the person responsible for giving notice of	793
the hearing by publication, by mail, or by both publication and	794
mail;	795

(7) Any other information requested by the board.

796

(G) If the proposed amendment alters the text of the zoning	797
resolution, or rezones or redistricts more than ten parcels of	798
land as listed on the county auditor's current tax list, the	799
published notice shall set forth the time, date, and place of the	800
public hearing and include all of the following:	801

(1) The name of the board of county commissioners that will	802
be conducting the hearing on the proposed amendment;	803

(2) A statement indicating that the motion, application, or	804
resolution is an amendment to the zoning resolution;	805

(3) The time and place where the text and maps of the	806
proposed amendment will be available for examination for a period	807
of at least ten days prior to the hearing;	808

(4) The name of the person responsible for giving notice of	809
the hearing by publication;	810

(5) Any other information requested by the board.

811

(H) Within twenty days after its public hearing, the board of	812
county commissioners shall either adopt or deny the recommendation	813
of the county rural zoning commission or adopt some modification	814
of it. If the board denies or modifies the commission's	815
recommendation, a majority vote of the board shall be required.	816

The proposed amendment, if adopted by the board, shall become	817
effective in thirty days after the date of its adoption, unless,	818
within thirty days after the adoption, there is presented to the	819
board of county commissioners a petition, signed by a number of	820
qualified voters residing in the unincorporated area of the	821
township or part of that unincorporated area included in the	822
zoning plan equal to not less than eight per cent of the total	823
vote cast for all candidates for governor in that area at the most	824
recent general election at which a governor was elected,	825
requesting the board to submit the amendment to the electors of	826
that area for approval or rejection at a special election to be	827
held on the day of the next primary or general election occurring	828
at least ninety days after the petition is submitted. Each part of	829
this petition shall contain the number and the full and correct	830
title, if any, of the zoning amendment resolution, motion, or	831
application, furnishing the name by which the amendment is known	832
and a brief summary of its contents. In addition to meeting the	833
requirements of this section, each petition shall be governed by	834
the rules specified in section 3501.38 of the Revised Code.	835

The form of a petition calling for a zoning referendum and	836
the statement of the circulator shall be substantially as follows:	837

"PETITION FOR ZONING REFERENDUM	838

(if the proposal is identified by a particular name or number, or	839
both, these should be inserted here) ........................	840

A proposal to amend the zoning map of the unincorporated area	841
of .............. Township, ................... County, Ohio,	842
adopted ....... (date) .......... (followed by brief summary of	843
the proposal).	844

To the Board of County Commissioners of ..................	845
County, Ohio:	846

We, the undersigned, being electors residing in the	847
unincorporated area of ............... Township, included within	848
the ................. County Zoning Plan, equal to not less than	849
eight per cent of the total vote cast for all candidates for	850
governor in the area at the preceding general election at which a	851
governor was elected, request the Board of County Commissioners to	852
submit this amendment of the zoning resolution to the electors of	853
............. Township residing within the unincorporated area of	854
the township included in the ............... County Zoning	855
Resolution, for approval or rejection at a special election to be	856
held on the day of the next primary or general election to be held	857
on ........(date)......., pursuant to section 303.12 of the	858
Revised Code.	859

	Street Address				Date of	860
Signature	or R.F.D.	Township	Precinct	County	Signing	861
	862
	863

STATEMENT OF CIRCULATOR	864

I, .....................(name of circulator)...................,	865
declare under penalty of election falsification that I am an	866
elector of the state of Ohio and reside at the address appearing	867
below my signature; that I am the circulator of the foregoing part	868
petition containing .....(number)....... signatures; that I have	869
witnessed the affixing of every signature; that all signers were	870
to the best of my knowledge and belief qualified to sign; and that	871
every signature is to the best of my knowledge and belief the	872
signature of the person whose signature it purports to be or of an	873
attorney in fact acting pursuant to section 3501.382 of the	874
Revised Code.	875

			876
	(Signature of circulator)		877
			878
	(Address of circulator's permanent		879
	residence in this state)		880
			881
	(City, village, or township,		882
	and zip code)		883

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	884
OF THE FIFTH DEGREE."	885

No amendment for which such a referendum vote has been	886
requested shall be put into effect unless a majority of the vote	887
cast on the issue is in favor of the amendment. Upon certification	888
by the board of elections that the amendment has been approved by	889
the voters, it shall take immediate effect.	890

Within five working days after an amendment's effective date,	891
the board of county commissioners shall file the text and maps of	892
the amendment in the office of the county recorder and with the	893
regional or county planning commission, if one exists.	894

The failure to file any amendment, or any text and maps, or	895
duplicates of any of these documents, with the office of the	896
county recorder or the county or regional planning commission as	897
required by this section does not invalidate the amendment and is	898
not grounds for an appeal of any decision of the board of zoning	899
appeals.	900

Sec. 303.25. In any township in which there is in force a	901
plan of county zoning, the plan may be repealed by the board of	902
county commissioners, as to such township, in the following	903
manner:	904

(A) The board may adopt a resolution upon its own initiative.

905

(B) The board shall adopt a resolution, if there is presented	906
to it a petition, similar in all relevant aspects to that	907
prescribed in section 303.12 of the Revised Code, signed by a	908
number of qualified voters residing in the unincorporated area of	909
such township included in the zoning plan equal to not less than	910
eight per cent of the total vote cast for all candidates for	911
governor in such area at the most recent general election at which	912
a governor was elected, requesting the question of whether or not	913
the plan of zoning in effect in such township shall be repealed,	914
to be submitted to the electors residing in the unincorporated	915
area of the township included in the zoning plan at a special	916
election to be held on the day of the next primary or general	917
election. The resolution adopted by the board of county	918
commissioners to cause such question to be submitted to the	919
electors shall be certified to the board of elections not later	920
than ~~seventy-five~~ninety days prior to the day of election at	921
which the question is to be voted upon. In the event a majority of	922
the vote cast on such question in the township is in favor of	923
repeal of zoning, then such regulations shall no longer be of any	924
effect. Not more than one such election shall be held in any two	925
calendar years.	926

Sec. 305.02. (A) If a vacancy in the office of county	927
commissioner, prosecuting attorney, county auditor, county	928
treasurer, clerk of the court of common pleas, sheriff, county	929
recorder, county engineer, or coroner occurs more than ~~forty~~fifty	930
days before the next general election for state and county	931
officers, a successor shall be elected at such election for the	932
unexpired term unless such term expires within one year	933
immediately following the date of such general election.	934

In either event, the vacancy shall be filled as provided in	935
this section and the appointee shall hold ~~his~~ office until a	936
successor is elected and qualified.	937

(B) If a vacancy occurs from any cause in any of the offices	938
named in division (A) of this section, the county central	939
committee of the political party with which the last occupant of	940
the office was affiliated shall appoint a person to hold the	941
office and to perform the duties thereof until a successor is	942
elected and has qualified, except that if such vacancy occurs	943
because of the death, resignation, or inability to take the office	944
of an officer-elect whose term has not yet begun, an appointment	945
to take such office at the beginning of the term shall be made by	946
the central committee of the political party with which such	947
officer-elect was affiliated.	948

(C) Not less than five nor more than forty-five days after a	949
vacancy occurs, the county central committee shall meet for the	950
purpose of making an appointment under this section. Not less than	951
four days before the date of such meeting the ~~chairman~~chairperson	952
or secretary of such central committee shall send by first class	953
mail to every member of such central committee a written notice	954
which shall state the time and place of such meeting and the	955
purpose thereof. A majority of the members of the central	956
committee present at such meeting may make the appointment.	957

(D) If the last occupant of the office or the officer-elect	958
was elected as an independent candidate, the board of county	959
commissioners shall make such appointment at the time when the	960
vacancy occurs, except where the vacancy is in the office of	961
county commissioner, in which case the prosecuting attorney and	962
the remaining commissioners or a majority of them shall make the	963
appointment.	964

(E) Appointments made under this section shall be certified	965
by the appointing county central committee or by the board of	966
county commissioners to the county board of elections and to the	967
secretary of state, and the persons so appointed and certified	968
shall be entitled to all remuneration provided by law for the	969
offices to which they are appointed.	970

(F) The board of county commissioners may appoint a person to	971
hold any of the offices named in division (A) of this section as	972
an acting officer and to perform the duties thereof between the	973
occurrence of the vacancy and the time when the officer appointed	974
by the central committee qualifies and takes the office.	975

(G) A person appointed prosecuting attorney or assistant	976
prosecuting attorney shall give bond and take the oath of office	977
prescribed by section 309.03 of the Revised Code for the	978
prosecuting attorney.	979

Sec. 305.31. The procedure for submitting to a referendum a	980
resolution adopted by a board of county commissioners under	981
division (H) of section 307.695 of the Revised Code that is not	982
submitted to the electors of the county for their approval or	983
disapproval; any resolution adopted by a board of county	984
commissioners pursuant to division (D)(1) of section 307.697,	985
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,	986
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or	987
5739.026, division (A)(6) of section 5739.09, section 5741.021 or	988
5741.023, or division (C)(1) of section 5743.024 of the Revised	989
Code; or a rule adopted pursuant to section 307.79 of the Revised	990
Code shall be as prescribed by this section.	991

Except as otherwise provided in this paragraph, when a	992
petition, signed by ten per cent of the number of electors who	993
voted for governor at the most recent general election for the	994
office of governor in the county, is filed with the county auditor	995
within thirty days after the date the resolution is passed or rule	996
is adopted by the board of county commissioners, or is filed	997
within forty-five days after the resolution is passed, in the case	998
of a resolution adopted pursuant to section 5739.021 of the	999
Revised Code that is passed within one year after a resolution	1000
adopted pursuant to that section has been rejected or repealed by	1001
the electors, requesting that the resolution be submitted to the	1002
electors of the county for their approval or rejection, the county	1003
auditor shall, after ten days following the filing of the	1004
petition, and not later than four p.m. of the ~~seventy-fifth~~	1005
ninetieth day before the day of election, transmit a certified	1006
copy of the text of the resolution or rule to the board of	1007
elections. In the case of a petition requesting that a resolution	1008
adopted under division (D)(1) of section 307.697, division (B)(1)	1009
of section 4301.421, or division (C)(1) of section 5743.024 of the	1010
Revised Code be submitted to electors for their approval or	1011
rejection, the petition shall be signed by seven per cent of the	1012
number of electors who voted for governor at the most recent	1013
election for the office of governor in the county. The county	1014
auditor shall transmit the petition to the board together with the	1015
certified copy of the resolution or rule. The board shall examine	1016
all signatures on the petition to determine the number of electors	1017
of the county who signed the petition. The board shall return the	1018
petition to the auditor within ten days after receiving it,	1019
together with a statement attesting to the number of such electors	1020
who signed the petition. The board shall submit the resolution or	1021
rule to the electors of the county, for their approval or	1022
rejection, at the succeeding general election held in the county	1023
in any year, or on the day of the succeeding primary election held	1024
in the county in even-numbered years, occurring subsequent to	1025
~~seventy-five~~ninety days after the auditor certifies the	1026
sufficiency and validity of the petition to the board of	1027
elections.	1028

No resolution shall go into effect until approved by the	1029
majority of those voting upon it. However, a rule shall take	1030
effect and remain in effect unless and until a majority of the	1031
electors voting on the question of repeal approve the repeal.	1032
Sections 305.31 to 305.41 of the Revised Code do not prevent a	1033
county, after the passage of any resolution or adoption of any	1034
rule, from proceeding at once to give any notice or make any	1035
publication required by the resolution or rule.	1036

The board of county commissioners shall make available to any	1037
person, upon request, a certified copy of any resolution or rule	1038
subject to the procedure for submitting a referendum under	1039
sections 305.31 to 305.42 of the Revised Code beginning on the	1040
date the resolution or rule is adopted by the board. The board may	1041
charge a fee for the cost of copying the resolution or rule.	1042

As used in this section, "certified copy" means a copy	1043
containing a written statement attesting that it is a true and	1044
exact reproduction of the original resolution or rule.	1045

Sec. 306.32. Any county, or any two or more counties,	1046
municipal corporations, or townships, or any combination of these,	1047
may create a regional transit authority by the adoption of a	1048
resolution or ordinance by the board of county commissioners of	1049
each county, the legislative authority of each municipal	1050
corporation, and the board of township trustees of each township	1051
which is to create or to join in the creation of the regional	1052
transit authority. The resolution or ordinance shall state:	1053

(A) The necessity for the creation of a regional transit	1054
authority;	1055

(B) The counties, municipal corporations, or townships which	1056
are to create or to join in the creation of the regional transit	1057
authority;	1058

(C) The official name by which the regional transit authority	1059
shall be known;	1060

(D) The place in which the principal office of the regional	1061
transit authority will be located or the manner in which it may be	1062
selected;	1063

(E) The number, term, and compensation, or method for	1064
establishing compensation, of the members of the board of trustees	1065
of the regional transit authority. Compensation shall not exceed	1066
fifty dollars for each board and committee meeting attended by a	1067
member, except that if compensation is provided annually it shall	1068
not exceed six thousand dollars for the president of the board or	1069
four thousand eight hundred dollars for each other board member.	1070

(F) The manner in which vacancies on the board of trustees of	1071
the regional transit authority shall be filled;	1072

(G) The manner and to what extent the expenses of the	1073
regional transit authority shall be apportioned among the	1074
counties, municipal corporations, and townships creating it;	1075

(H) The purposes, including the kinds of transit facilities,	1076
for which the regional transit authority is organized.	1077

The regional transit authority provided for in the resolution	1078
or ordinance shall be deemed to be created upon the adoption of	1079
the resolution or ordinance by the board of county commissioners	1080
of each county, the legislative authority of each municipal	1081
corporation, and the board of township trustees of each township	1082
enumerated in the resolution or ordinance.	1083

The resolution or ordinance creating a regional transit	1084
authority may be amended to include additional counties, municipal	1085
corporations, or townships or for any other purpose, by the	1086
adoption of the amendment by the board of county commissioners of	1087
each county, the legislative authority of each municipal	1088
corporation, and the board of township trustees of each township	1089
which has created or joined or proposes to join the regional	1090
transit authority.	1091

After each county, municipal corporation, and township which	1092
has created or joined or proposes to join the regional transit	1093
authority has adopted its resolution or ordinance approving	1094
inclusion of additional counties, municipal corporations, or	1095
townships in the regional transit authority, a copy of each	1096
resolution or ordinance shall be filed with the clerk of the board	1097
of the county commissioners of each county, the clerk of the	1098
legislative authority of each municipal corporation, and the	1099
fiscal officer of the board of trustees of each township proposed	1100
to be included in the regional transit authority. The inclusion is	1101
effective when all such filing has been completed, unless the	1102
regional transit authority to which territory is to be added has	1103
authority to levy an ad valorem tax on property, or a sales tax,	1104
within its territorial boundaries, in which event the inclusion	1105
shall become effective on the sixtieth day after the last such	1106
filing is accomplished, unless, prior to the expiration of the	1107
sixty-day period, qualified electors residing in the area proposed	1108
to be added to the regional transit authority, equal in number to	1109
at least ten per cent of the qualified electors from the area who	1110
voted for governor at the last gubernatorial election, file a	1111
petition of referendum against the inclusion. Any petition of	1112
referendum filed under this section shall be filed at the office	1113
of the secretary of the board of trustees of the regional transit	1114
authority. The person presenting the petition shall be given a	1115
receipt containing on it the time of the day, the date, and the	1116
purpose of the petition. The secretary of the board of trustees of	1117
the regional transit authority shall cause the appropriate board	1118
or boards of elections to check the sufficiency of signatures on	1119
any petition of referendum filed under this section and, if found	1120
to be sufficient, shall present the petition to the board of	1121
trustees at a meeting of said board which occurs not later than	1122
thirty days following the filing of said petition. Upon	1123
presentation to the board of trustees of a petition of referendum	1124
against the proposed inclusion, the board of trustees shall	1125
promptly certify the proposal to the board or boards of elections	1126
for the purpose of having the proposal placed on the ballot at the	1127
next general or primary election which occurs not less than	1128
~~seventy-five~~ninety days after the date of the meeting of said	1129
board, or at a special election, the date of which shall be	1130
specified in the certification, which date shall be not less than	1131
~~seventy-five~~ninety days after the date of such meeting of the	1132
board. Signatures on a petition of referendum may be withdrawn up	1133
to and including the meeting of the board of trustees certifying	1134
the proposal to the appropriate board or boards of elections. If	1135
territory of more than one county, municipal corporation, or	1136
township is to be added to the regional transit authority, the	1137
electors of the territories of the counties, municipal	1138
corporations, or townships which are to be added shall vote as a	1139
district, and the majority affirmative vote shall be determined by	1140
the vote cast in the district as a whole. Upon certification of a	1141
proposal to the appropriate board or boards of elections pursuant	1142
to this section, the board or boards of election shall make the	1143
necessary arrangements for the submission of the question to the	1144
electors of the territory to be added to the regional transit	1145
authority qualified to vote on the question, and the election	1146
shall be held, canvassed, and certified in the manner provided for	1147
the submission of tax levies under section 5705.191 of the Revised	1148
Code, except that the question appearing on the ballot shall read:	1149

"Shall the territory within the .........................	1150
(Name or names of political subdivisions to be joined) be added to	1151
.................................. (Name) regional transit	1152
authority?" and shall a(n) .......... (here insert type of tax or	1153
taxes) at a rate of taxation not to exceed ..... (here insert	1154
maximum tax rate or rates) be levied for all transit purposes?"	1155

If the question is approved by at least a majority of the	1156
electors voting on the question, the joinder is immediately	1157
effective, and the regional transit authority may extend the levy	1158
of the tax against all the taxable property within the territory	1159
which has been added. If the question is approved at a general	1160
election or at a special election occurring prior to the general	1161
election but after the fifteenth day of July, the regional transit	1162
authority may amend its budget and resolution adopted pursuant to	1163
section 5705.34 of the Revised Code, and the levy shall be placed	1164
on the current tax list and duplicate and collected as other taxes	1165
are collected from all taxable property within the territorial	1166
boundaries of the regional transit authority, including the	1167
territory within each political subdivision added as a result of	1168
the election.	1169

The territorial boundaries of a regional transit authority	1170
shall be coextensive with the territorial boundaries of the	1171
counties, municipal corporations, and townships included within	1172
the regional transit authority, provided that the same area may be	1173
included in more than one regional transit authority so long as	1174
the regional transit authorities are not organized for purposes as	1175
provided for in the resolutions or ordinances creating the same,	1176
and any amendments to them, relating to the same kinds of transit	1177
facilities; and provided further, that if a regional transit	1178
authority includes only a portion of an entire county, a regional	1179
transit authority for the same purposes may be created in the	1180
remaining portion of the same county by resolution of the board of	1181
county commissioners acting alone or in conjunction with municipal	1182
corporations and townships as provided in this section.	1183

No regional transit authority shall be organized after	1184
January 1, 1975, to include any area already included in a	1185
regional transit authority, except that any regional transit	1186
authority organized after June 29, 1974, and having territorial	1187
boundaries entirely within a single county shall, upon adoption by	1188
the board of county commissioners of the county of a resolution	1189
creating a regional transit authority including within its	1190
territorial jurisdiction the existing regional transit authority	1191
and for purposes including the purposes for which the existing	1192
regional transit authority was created, be dissolved and its	1193
territory included in such new regional transit authority. Any	1194
resolution creating such a new regional transit authority shall	1195
make adequate provision for satisfaction of the obligations of the	1196
dissolved regional transit authority.	1197

Sec. 306.321. The resolution or ordinance creating a	1198
regional transit authority may be amended to include additional	1199
counties, municipal corporations, or townships by the adoption of	1200
an amendment by the board of county commissioners of each county,	1201
the legislative authority of each municipal corporation, and the	1202
board of township trustees of each township which has created or,	1203
prior to the adoption of the amendment, joined or proposes to join	1204
the regional transit authority.	1205

After each county, municipal corporation, and township which	1206
has created or, prior to the adoption of the amendment, joined or	1207
proposes to join the regional transit authority has adopted its	1208
resolution or ordinance approving inclusion of additional	1209
counties, municipal corporations, or townships in the regional	1210
transit authority, a copy of each resolution or ordinance shall be	1211
filed with the clerk of the board of the county commissioners of	1212
each county, the clerk of the legislative authority of each	1213
municipal corporation, and the fiscal officer of the board of	1214
trustees of each township proposed to be included in the regional	1215
transit authority.	1216

Any ordinances or resolutions adopted pursuant to this	1217
section approving inclusion of additional counties, municipal	1218
corporations, or townships in the regional transit authority shall	1219
provide that the board of trustees of the regional transit	1220
authority must, not later than the tenth day following the day on	1221
which the filing of the ordinances or resolutions, as required by	1222
the immediately preceding paragraph, is completed, adopt its	1223
resolution providing for submission to the electors of the	1224
regional transit authority as enlarged, of the question pursuant	1225
to section 306.49 of the Revised Code, of the renewal, the renewal	1226
and increase, or the increase of, or the imposition of an	1227
additional, ad valorem tax, or of the question pursuant to section	1228
306.70 of the Revised Code, of the renewal, the renewal and	1229
increase, or the increase of, or the imposition of an additional,	1230
sales and use tax. The resolution submitting the question of the	1231
tax shall specify the date of the election, which shall be not	1232
less than ~~seventy-five~~ninety days after certification of the	1233
resolution to the board of elections and which shall be consistent	1234
with the requirements of section 3501.01 of the Revised Code. The	1235
inclusion of the territory of the additional counties, municipal	1236
corporations, or townships in the regional transit authority shall	1237
be effective as of the date on which the resolution of the board	1238
of trustees of the regional transit authority is adopted	1239
submitting the question to the electors, provided that until the	1240
question is approved, existing contracts providing payment for	1241
transit services within the added territory shall remain in effect	1242
and transit services shall not be affected by the inclusion of the	1243
additional territory. The resolution shall be certified to the	1244
board of elections and the election shall be held, canvassed, and	1245
certified as provided in section 306.49 of the Revised Code in the	1246
case of an ad valorem tax or in section 306.70 of the Revised Code	1247
in the case of a sales and use tax.	1248

If the question of the tax which is submitted is not approved	1249
by a majority of the electors of the enlarged regional transit	1250
authority voting on the question, as of the day following the day	1251
on which the results of the election become conclusive, the	1252
additional counties, municipal corporations, or townships, which	1253
had been included in the regional transit authority as of the date	1254
of the adoption of the resolution submitting to the electors the	1255
question, shall be removed from the territory of the regional	1256
transit authority and shall no longer be a part of that authority	1257
without any further action by either the political subdivisions	1258
which were included in the authority prior to the adoption of the	1259
resolution submitting the question to the electors or of the	1260
political subdivisions added to the authority as a result of the	1261
adoption of the resolution. The regional transit authority reduced	1262
to its territory as it existed prior to the inclusion of the	1263
additional counties, municipal corporations, or townships, shall	1264
be entitled to levy and collect any ad valorem or sales and use	1265
taxes which it was authorized to levy and collect prior to the	1266
enlargement of its territory and for which authorization has not	1267
expired, as if the enlargement had not occurred.	1268

If the question of the tax which is submitted provides for a	1269
sales and use tax to be imposed and the question is approved, and	1270
the regional transit authority had previously been authorized	1271
pursuant to section 306.49 of the Revised Code to levy an ad	1272
valorem tax, the regional transit authority shall appropriate from	1273
the first moneys received from the sales and use tax in each year,	1274
the full amount required in order to pay the principal of and	1275
interest on any notes of the regional transit authority issued	1276
pursuant to section 306.49 of the Revised Code, in anticipation of	1277
the collection of the ad valorem tax; and shall not thereafter	1278
levy and collect the ad valorem tax previously approved unless the	1279
levy and collection is necessary to pay the principal of and	1280
interest on notes issued in anticipation of the tax in order to	1281
avoid impairing the obligation of the contract between the	1282
regional transit authority and the note holders.	1283

If the question of the additional or renewal tax levy is	1284
approved, the tax may be levied and collected as is otherwise	1285
provided for an ad valorem tax or a sales and use tax imposed by a	1286
regional transit authority, provided that if a question relating	1287
to an ad valorem tax is approved at the general election or at a	1288
special election occurring prior to a general election, but after	1289
the fifteenth day of July, the regional transit authority may	1290
amend its budget for its next fiscal year and its resolution	1291
adopted pursuant to section 5705.34 of the Revised Code or adopt	1292
such resolution, and the levy shall be placed on the current tax	1293
list and duplicate and collected as all other taxes are collected	1294
from all taxable property within the enlarged territory of the	1295
regional transit authority including the territory within each	1296
political subdivision which has been added to the regional transit	1297
authority pursuant to this section, provided further that if a	1298
question relating to sales and use tax is approved after the	1299
fifteenth day of July in any calendar year, the regional transit	1300
authority may amend its budget for the current and next fiscal	1301
year and any resolution adopted pursuant to section 5705.34 of the	1302
Revised Code, to reflect the imposition of the sales and use tax	1303
and shall amend its budget for the next fiscal year and any	1304
resolution adopted pursuant to section 5705.34 of the Revised Code	1305
to comply with the immediately preceding paragraph. If the budget	1306
of the regional transit authority is amended pursuant to this	1307
paragraph, the county auditor shall prepare and deliver an amended	1308
certificate of estimated resources to reflect the change in	1309
anticipated revenues of the regional transit authority.	1310

The procedures of this section are in addition to and an	1311
alternative to those established in section 306.32 of the Revised	1312
Code for joining to a regional transit authority additional	1313
counties, municipal corporations, or townships.	1314

Sec. 306.70. A tax proposed to be levied by a board of	1315
county commissioners or by the board of trustees of a regional	1316
transit authority pursuant to sections 5739.023 and 5741.022 of	1317
the Revised Code shall not become effective until it is submitted	1318
to the electors residing within the county or within the	1319
territorial boundaries of the regional transit authority and	1320
approved by a majority of the electors voting on it. Such question	1321
shall be submitted at a general election or at a special election	1322
on a day specified in the resolution levying the tax and occurring	1323
not less than ~~seventy-five~~ninety days after such resolution is	1324
certified to the board of elections, in accordance with section	1325
3505.071 of the Revised Code.	1326

The board of elections of the county or of each county in	1327
which any territory of the regional transit authority is located	1328
shall make the necessary arrangements for the submission of such	1329
question to the electors of the county or regional transit	1330
authority, and the election shall be held, canvassed, and	1331
certified in the same manner as regular elections for the election	1332
of county officers. Notice of the election shall be published in	1333
one or more newspapers which in the aggregate are of general	1334
circulation in the territory of the county or of the regional	1335
transit authority once a week for two consecutive weeks prior to	1336
the election and, if the board of elections operates and maintains	1337
a web site, notice of the election also shall be posted on that	1338
web site for thirty days prior to the election. The notice shall	1339
state the type, rate, and purpose of the tax to be levied, the	1340
length of time during which the tax will be in effect, and the	1341
time and place of the election.	1342

More than one such question may be submitted at the same	1343
election. The form of the ballots cast at such election shall be:	1344

"Shall a(n) ................ (sales and use) .............	1345
tax be levied for all transit purposes of the ..................	1346
(here insert name of the county or regional transit authority) at	1347
a rate not exceeding ................... (here insert percentage)	1348
per cent for ................ (here insert number of years the tax	1349
is to be in effect, or that it is to be in effect for a continuing	1350
period of time)?"	1351

If the tax proposed to be levied is a continuation of an	1352
existing tax, whether at the same rate or at an increased or	1353
reduced rate, or an increase in the rate of an existing tax, the	1354
notice and ballot form shall so state.	1355

The board of elections to which the resolution was certified	1356
shall certify the results of the election to the county auditor of	1357
the county or secretary-treasurer of the regional transit	1358
authority levying the tax and to the tax commissioner of the	1359
state.	1360

Sec. 306.71. The question of the decrease of the rate of a	1361
tax approved for a continuing period of time by the voters of a	1362
county or regional transit authority pursuant to sections 5739.023	1363
and 5741.022 of the Revised Code may be initiated by the filing of	1364
a petition with the board of elections of the county, or in the	1365
case of a regional transit authority with the board of elections	1366
as determined pursuant to section 3505.071 of the Revised Code,	1367
prior to the ~~seventy-fifth~~ninetieth day before the general	1368
election in any year requesting that an election be held on such	1369
question. Such petition shall state the amount of the proposed	1370
decrease in the rate of the tax and shall be signed by at least	1371
ten per cent of the number of qualified electors residing in such	1372
county, or in the territory of the regional transit authority, who	1373
voted at the last general election.	1374

After determination by it that such petition is valid, the	1375
board of elections shall submit the question to the electors of	1376
the county or regional transit authority at the succeeding general	1377
election. The election shall be conducted, notice thereof shall be	1378
given, and the results thereof shall be certified in the manner	1379
provided in section 306.70 of the Revised Code. If a majority of	1380
the qualified electors voting on such question approve the	1381
proposed decrease in rate, such decrease in rate shall become	1382
effective on the first day of the second January after such	1383
election.	1384

In any case where bonds, or notes in anticipation of bonds,	1385
of a regional transit authority have been issued under section	1386
306.40 of the Revised Code without a vote of the electors while	1387
the tax proposed to be reduced was in effect, the board of	1388
trustees of the regional transit authority shall continue to levy	1389
and collect under authority of the original election authorizing	1390
the tax a rate of tax in each year which the authority reasonably	1391
estimates will produce an amount in that year equal to the amount	1392
of principal of and interest on such bonds as is payable in that	1393
year.	1394

Sec. 307.676. (A) As used in this section:

1395

(1) "Food and beverages" means any raw, cooked, or processed	1396
edible substance used or intended for use in whole or in part for	1397
human consumption, including ice, water, spirituous liquors, wine,	1398
mixed beverages, beer, soft drinks, soda, and other beverages.	1399

(2) "Convention facilities authority" has the same meaning as	1400
in section 351.01 of the Revised Code.	1401

(3) "Convention center" has the same meaning as in section	1402
307.695 of the Revised Code.	1403

(B) The legislative authority of a county with a population	1404
of one million or more according to the most recent federal	1405
decennial census may, by resolution adopted on or before August	1406
30, 2004, by a majority of the members of the legislative	1407
authority and with the subsequent approval of a majority of the	1408
electors of the county voting upon it, levy a tax of not more than	1409
two per cent on every retail sale in the county of food and	1410
beverages to be consumed on the premises where sold to pay the	1411
expenses of administering the tax and to provide revenues for the	1412
county general fund. Such resolution shall direct the board of	1413
elections to submit the question of levying the tax to the	1414
electors of the county at the next primary or general election in	1415
the county occurring not less than ~~seventy-five~~ninety days after	1416
the resolution is certified to the board of elections, and such	1417
resolution may further direct the board of elections to include	1418
upon the ballot submitted to the electors any specific purposes	1419
for which the tax will be used. The legislative authority shall	1420
establish all regulations necessary to provide for the	1421
administration and allocation of the tax. The regulations may	1422
prescribe the time for payment of the tax and may provide for	1423
imposition of a penalty, interest, or both for late payments,	1424
provided that any such penalty may not exceed ten per cent of the	1425
amount of tax due and the rate at which interest accrues may not	1426
exceed the rate per annum required under section 5703.47 of the	1427
Revised Code.	1428

(C) A tax levied under this section shall remain in effect	1429
for the period of time specified in the resolution or ordinance	1430
levying the tax, but in no case for a longer period than forty	1431
years.	1432

(D) A tax levied under this section is in addition to any	1433
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	1434
or any other chapter of the Revised Code. "Price," as defined in	1435
sections 5739.01 and 5741.01 of the Revised Code, does not include	1436
any tax levied under this section and any tax levied under this	1437
section does not include any tax imposed under Chapter 5739. or	1438
5741. of the Revised Code.	1439

(E)(1) No amount collected from a tax levied under this	1440
section shall be contributed to a convention facilities authority,	1441
corporation, or other entity created after July 1, 2003, for the	1442
principal purpose of constructing, improving, expanding,	1443
equipping, financing, or operating a convention center unless the	1444
mayor of the municipal corporation in which the convention center	1445
is to be operated by that convention facilities authority,	1446
corporation, or other entity has consented to the creation of that	1447
convention facilities authority, corporation, or entity.	1448
Notwithstanding any contrary provision of section 351.04 of the	1449
Revised Code, if a tax is levied by a county under this section,	1450
the board of county commissioners of that county may determine the	1451
manner of selection, the qualifications, the number, and terms of	1452
office of the members of the board of directors of any convention	1453
facilities authority, corporation, or other entity described in	1454
division (E)(1) of this section.	1455

(2)(a) No amount collected from a tax levied under this	1456
section may be used for any purpose other than paying the direct	1457
and indirect costs of constructing, improving, expanding,	1458
equipping, financing, or operating a convention center and for the	1459
real and actual costs of administering the tax, unless, prior to	1460
the adoption of the resolution of the legislative authority of the	1461
county directing the board of elections to submit the question of	1462
the levy, extension, or increase to the electors of the county,	1463
the county and the mayor of the most populous municipal	1464
corporation in that county have entered into an agreement as to	1465
the use of such amounts, provided that such agreement has been	1466
approved by a majority of the mayors of the other municipal	1467
corporations in that county. The agreement shall provide that the	1468
amounts to be used for purposes other than paying the convention	1469
center or administrative costs described in division (E)(2)(a) of	1470
this section be used only for the direct and indirect costs of	1471
capital improvements in accordance with the agreement, including	1472
the financing of capital improvements. Immediately following the	1473
execution of the agreement, the county shall:	1474

(i) In accordance with section 7.12 of the Revised Code,	1475
cause the agreement to be published at least once in a newspaper	1476
of general circulation in that county; or	1477

(ii) Post the agreement in at least five public places in the	1478
county, as determined by the legislative authority, for a period	1479
not less than fifteen days.	1480

(b) If the county in which the tax is levied has an	1481
association of mayors and city managers, the approval of that	1482
association of an agreement described in division (E)(2)(a) of	1483
this section shall be considered to be the approval of the	1484
majority of the mayors of the other municipal corporations for	1485
purposes of that division.	1486

(F) Each year, the auditor of state shall conduct an audit of	1487
the uses of any amounts collected from taxes levied under this	1488
section and shall prepare a report of the auditor of state's	1489
findings. The auditor of state shall submit the report to the	1490
legislative authority of the county that has levied the tax, the	1491
speaker of the house of representatives, the president of the	1492
senate, and the leaders of the minority parties of the house of	1493
representatives and the senate.	1494

(G) The levy of any taxes under Chapter 5739. of the Revised	1495
Code on the same transactions subject to a tax under this section	1496
does not prevent the levy of a tax under this section.	1497

Sec. 307.677. (A) As used in this section:

1498

(1) "Food and beverages" means any raw, cooked, or processed	1499
edible substance used or intended for use in whole or in part for	1500
human consumption, including ice, water, spirituous liquors, wine,	1501
mixed beverages, beer, soft drinks, soda, and other beverages.	1502

(2) "Convention facilities authority" has the same meaning as	1503
in section 351.01 of the Revised Code.	1504

(3) "Convention center" has the same meaning as in section	1505
307.695 of the Revised Code.	1506

(B) The legislative authority of a county with a population	1507
of one million two hundred thousand or more according to the most	1508
recent federal decennial census or the most recent annual	1509
population estimate published or released by the United States	1510
census bureau at the time the resolution is adopted placing the	1511
levy on the ballot, may, by resolution adopted on or before July	1512
1, 2008, by a majority of the members of the legislative authority	1513
and with the subsequent approval of a majority of the electors of	1514
the county voting upon it, levy a tax of not more than two per	1515
cent on every retail sale in the county of food and beverages to	1516
be consumed on the premises where sold to pay the expenses of	1517
administering the tax and to provide revenues for paying the	1518
direct and indirect costs of constructing, improving, expanding,	1519
equipping, financing, or operating a convention center. The	1520
resolution shall direct the board of elections to submit the	1521
question of levying the tax to the electors of the county at the	1522
next primary or general election in the county occurring not less	1523
than ~~seventy-five~~ninety days after the resolution is certified to	1524
the board of elections. The legislative authority shall establish	1525
all rules necessary to provide for the administration and	1526
allocation of the tax. The rules may prescribe the time for	1527
payment of the tax and may provide for imposition of a penalty,	1528
interest, or both for late payments, but any such penalty shall	1529
not exceed ten per cent of the amount of tax due and the rate at	1530
which interest accrues shall not exceed the rate per annum	1531
required under section 5703.47 of the Revised Code.	1532

(C) A tax levied under this section shall remain in effect	1533
for the period of time specified in the resolution or ordinance	1534
levying the tax, but not for a longer period than forty years.	1535

(D) A tax levied under this section is in addition to any	1536
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	1537
or any other chapter of the Revised Code. "Price," as defined in	1538
sections 5739.01 and 5741.01 of the Revised Code, does not include	1539
any tax levied under this section and any tax levied under this	1540
section does not include any tax imposed under Chapter 5739. or	1541
5741. of the Revised Code.	1542

(E) Any amount collected from a tax levied under this section	1543
may be contributed to a convention facilities authority created	1544
before July 1, 2005, but no amount collected from a tax levied	1545
under this section may be contributed to a convention facilities	1546
authority, corporation, or other entity created after July 1,	1547
2005, unless the mayor of the municipal corporation in which the	1548
convention center is to be operated by that convention facilities	1549
authority, corporation, or other entity has consented to the	1550
creation of that convention facilities authority, corporation, or	1551
entity.	1552

(F) The levy of any taxes under Chapter 5739. of the Revised	1553
Code on the same transactions subject to a tax under this section	1554
does not prevent the levy of a tax under this section.	1555

Sec. 307.695. (A) As used in this section:

1556

(1) "Arena" means any structure designed and constructed for	1557
the purpose of providing a venue for public entertainment and	1558
recreation by the presentation of concerts, sporting and athletic	1559
events, and other events and exhibitions, including facilities	1560
intended to house or provide a site for one or more athletic or	1561
sports teams or activities, spectator facilities, parking	1562
facilities, walkways, and auxiliary facilities, real and personal	1563
property, property rights, easements, leasehold estates, and	1564
interests that may be appropriate for, or used in connection with,	1565
the operation of the arena.	1566

(2) "Convention center" means any structure expressly	1567
designed and constructed for the purposes of presenting	1568
conventions, public meetings, and exhibitions and includes parking	1569
facilities that serve the center and any personal property used in	1570
connection with any such structure or facilities.	1571

(3) "Eligible county" means a county having a population of	1572
at least four hundred thousand but not more than eight hundred	1573
thousand according to the 2000 federal decennial census and that	1574
directly borders the geographic boundaries of another state.	1575

(4) "Entity" means a nonprofit corporation, a municipal	1576
corporation, a port authority created under Chapter 4582. of the	1577
Revised Code, or a convention facilities authority created under	1578
Chapter 351. of the Revised Code.	1579

(5) "Lodging taxes" means excise taxes levied under division	1580
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	1581
the revenues arising therefrom.	1582

(6) "Nonprofit corporation" means a nonprofit corporation	1583
that is organized under the laws of this state and that includes	1584
within the purposes for which it is incorporated the authorization	1585
to lease and operate facilities such as a convention center or an	1586
arena or a combination of an arena and convention center.	1587

(7) "Project" means acquiring, constructing, reconstructing,	1588
renovating, rehabilitating, expanding, adding to, equipping,	1589
furnishing or otherwise improving an arena, a convention center,	1590
or a combination of an arena and convention center. For purposes	1591
of this section, a project is a permanent improvement for one	1592
purpose under Chapter 133. of the Revised Code.	1593

(8) "Project revenues" means money received by a county with	1594
a population greater than four hundred thousand wherein the	1595
population of the largest city comprises more than one-third of	1596
that county's population, other than money from taxes or from the	1597
proceeds of securities secured by taxes, in connection with,	1598
derived from, related to, or resulting from a project, including,	1599
but not limited to, rentals and other payments received under a	1600
lease or agreement with respect to the project, ticket charges or	1601
surcharges for admission to events at a project, charges or	1602
surcharges for parking for events at a project, charges for the	1603
use of a project or any portion of a project, including suites and	1604
seating rights, the sale of naming rights for the project or a	1605
portion of the project, unexpended proceeds of any county revenue	1606
bonds issued for the project, and any income and profit from the	1607
investment of the proceeds of any such revenue bonds or any	1608
project revenues.	1609

(9) "Chapter 133. securities," "debt charges," "general	1610
obligation," "legislation," "one purpose," "outstanding,"	1611
"permanent improvement," "person," and "securities" have the	1612
meanings given to those terms in section 133.01 of the Revised	1613
Code.	1614

(B) A board of county commissioners may enter into an	1615
agreement with a convention and visitors' bureau operating in the	1616
county under which:	1617

(1) The bureau agrees to construct and equip a convention	1618
center in the county and to pledge and contribute from the tax	1619
revenues received by it under division (A) of section 5739.09 of	1620
the Revised Code, not more than such portion thereof that it is	1621
authorized to pledge and contribute for the purpose described in	1622
division (C) of this section; and	1623

(2) The board agrees to levy a tax under division (C) of	1624
section 5739.09 of the Revised Code and pledge and contribute the	1625
revenues therefrom for the purpose described in division (C) of	1626
this section.	1627

(C) The purpose of the pledges and contributions described in	1628
divisions (B)(1) and (2) of this section is payment of principal,	1629
interest, and premium, if any, on bonds and notes issued by or for	1630
the benefit of the bureau to finance the construction and	1631
equipping of a convention center. The pledges and contributions	1632
provided for in the agreement shall be for the period stated in	1633
the agreement. Revenues determined from time to time by the board	1634
to be needed to cover the real and actual costs of administering	1635
the tax imposed by division (C) of section 5739.09 of the Revised	1636
Code may not be pledged or contributed. The agreement shall	1637
provide that any such bonds and notes shall be secured by a trust	1638
agreement between the bureau or other issuer acting for the	1639
benefit of the bureau and a corporate trustee that is a trust	1640
company or bank having the powers of a trust company within or	1641
without the state, and the trust agreement shall pledge or assign	1642
to the retirement of the bonds or notes, all moneys paid by the	1643
county under this section. A tax the revenues from which are	1644
pledged under an agreement entered into by a board of county	1645
commissioners under this section shall not be subject to	1646
diminution by initiative or referendum, or diminution by statute,	1647
unless provision is made therein for an adequate substitute	1648
therefor reasonably satisfactory to the trustee under the trust	1649
agreement that secures the bonds and notes.	1650

(D) A pledge of money by a county under division (B) of this	1651
section shall not be indebtedness of the county for purposes of	1652
Chapter 133. of the Revised Code.	1653

(E) If the terms of the agreement so provide, the board of	1654
county commissioners may acquire and lease real property to the	1655
convention bureau as the site of the convention center. The lease	1656
shall be on such terms as are set forth in the agreement. The	1657
purchase and lease are not subject to the limitations of sections	1658
307.02 and 307.09 of the Revised Code.	1659

(F) In addition to the authority granted to a board of county	1660
commissioners under divisions (B) to (E) of this section, a board	1661
of county commissioners in a county with a population of one	1662
million two hundred thousand or more, or a county with a	1663
population greater than four hundred thousand wherein the	1664
population of the largest city comprises more than one-third of	1665
that county's population, may purchase, for cash or by installment	1666
payments, enter into lease-purchase agreements for, lease with an	1667
option to purchase, lease, construct, enlarge, improve, rebuild,	1668
equip, or furnish a convention center.	1669

(G) The board of county commissioners of a county with a	1670
population greater than four hundred thousand wherein the	1671
population of the largest city comprises more than one-third of	1672
that county's population may undertake, finance, operate, and	1673
maintain a project. The board may lease a project to an entity on	1674
terms that the board determines to be in the best interest of the	1675
county and in furtherance of the public purpose of the project;	1676
the lease may be for a term of thirty-five years or less and may	1677
provide for an option of the entity to renew the lease for a term	1678
of thirty-five years or less. The board may enter into an	1679
agreement with an entity with respect to a project on terms that	1680
the board determines to be in the best interest of the county and	1681
in furtherance of the public purpose of the project. To the extent	1682
provided for in an agreement or a lease with an entity, the board	1683
may authorize the entity to administer on behalf of the board any	1684
contracts for the project. The board may enter into an agreement	1685
providing for the sale to a person of naming rights to a project	1686
or portion of a project, for a period, for consideration, and on	1687
other terms and conditions that the board determines to be in the	1688
best interest of the county and in furtherance of the public	1689
purpose of the project. The board may enter into an agreement with	1690
a person owning or operating a professional athletic or sports	1691
team providing for the use by that person of a project or portion	1692
of a project for that team's offices, training, practices, and	1693
home games for a period, for consideration, and on other terms and	1694
conditions that the board determines to be in the best interest of	1695
the county and in furtherance of the public purpose of the	1696
project. The board may establish ticket charges or surcharges for	1697
admission to events at a project, charges or surcharges for	1698
parking for events at a project, and charges for the use of a	1699
project or any portion of a project, including suites and seating	1700
rights, and may, as necessary, enter into agreements related	1701
thereto with persons for a period, for consideration, and on other	1702
terms and conditions that the board determines to be in the best	1703
interest of the county and in furtherance of the public purpose of	1704
the project. A lease or agreement authorized by this division is	1705
not subject to sections 307.02, 307.09, and 307.12 of the Revised	1706
Code.	1707

(H) Notwithstanding any contrary provision in Chapter 5739.	1708
of the Revised Code, after adopting a resolution declaring it to	1709
be in the best interest of the county to undertake a project as	1710
described in division (G) of this section, the board of county	1711
commissioners of an eligible county may adopt a resolution	1712
enacting or increasing any lodging taxes within the limits	1713
specified in Chapter 5739. of the Revised Code with respect to	1714
those lodging taxes and amending any prior resolution under which	1715
any of its lodging taxes have been imposed in order to provide	1716
that those taxes, after deducting the real and actual costs of	1717
administering the taxes and any portion of the taxes returned to	1718
any municipal corporation or township as provided in division	1719
(A)(1) of section 5739.09 of the Revised Code, shall be used by	1720
the board for the purposes of undertaking, financing, operating,	1721
and maintaining the project, including paying debt charges on any	1722
securities issued by the board under division (I) of this section,	1723
or to make contributions to the convention and visitors' bureau	1724
operating within the county, or to promote, advertise, and market	1725
the region in which the county is located, all as the board may	1726
determine and make appropriations for from time to time, subject	1727
to the terms of any pledge to the payment of debt charges on	1728
outstanding general obligation securities or special obligation	1729
securities authorized under division (I) of this section. A	1730
resolution adopted under division (H) of this section shall be	1731
adopted not earlier than January 15, 2007, and not later than	1732
January 15, 2008.	1733

A resolution adopted under division (H) of this section may	1734
direct the board of elections to submit the question of enacting	1735
or increasing lodging taxes, as the case may be, to the electors	1736
of the county at a special election held on the date specified by	1737
the board in the resolution, provided that the election occurs not	1738
less than ~~seventy-five~~ninety days after a certified copy of the	1739
resolution is transmitted to the board of elections and no later	1740
than January 15, 2008. A resolution submitted to the electors	1741
under this division shall not go into effect unless it is approved	1742
by a majority of those voting upon it. A resolution adopted under	1743
division (H) of this section that is not submitted to the electors	1744
of the county for their approval or disapproval is subject to a	1745
referendum as provided in sections 305.31 to 305.41 of the Revised	1746
Code.	1747

A resolution adopted under division (H) of this section takes	1748
effect upon its adoption, unless the resolution is submitted to	1749
the electors of the county for their approval or disapproval, in	1750
which case the resolution takes effect on the date the board of	1751
county commissioners receives notification from the board of	1752
elections of the affirmative vote. Lodging taxes received after	1753
the effective date of the resolution may be used for the purposes	1754
described in division (H) of this section, except that lodging	1755
taxes that have been pledged to the payment of debt charges on any	1756
bonds or notes issued by or for the benefit of a convention and	1757
visitors' bureau under division (C) of this section shall be used	1758
exclusively for that purpose until such time as the bonds or notes	1759
are no longer outstanding under the trust agreement securing those	1760
bonds or notes.	1761

(I)(1) The board of county commissioners of a county with a	1762
population greater than four hundred thousand wherein the	1763
population of the largest city comprises more than one-third of	1764
that county's population may issue the following securities of the	1765
county for the purpose of paying costs of the project, refunding	1766
any outstanding county securities issued for that purpose,	1767
refunding any outstanding bonds or notes issued by or for the	1768
benefit of the bureau under division (C) of this section, or for	1769
any combination of those purposes:	1770

(a) General obligation securities issued under Chapter 133.	1771
of the Revised Code. The resolution authorizing these securities	1772
may include covenants to appropriate annually from lawfully	1773
available lodging taxes, and to continue to levy and collect those	1774
lodging taxes in, amounts necessary to meet the debt charges on	1775
those securities.	1776

(b) Special obligation securities issued under Chapter 133.	1777
of the Revised Code that are secured only by lawfully available	1778
lodging taxes and any other taxes and revenues pledged to pay the	1779
debt charges on those securities, except ad valorem property	1780
taxes. The resolution authorizing those securities shall include a	1781
pledge of and covenants to appropriate annually from lawfully	1782
available lodging taxes and any other taxes and revenues pledged	1783
for such purpose, and to continue to collect any of those revenues	1784
pledged for such purpose and to levy and collect those lodging	1785
taxes and any other taxes pledged for such purpose, in amounts	1786
necessary to meet the debt charges on those securities. The pledge	1787
is valid and binding from the time the pledge is made, and the	1788
lodging taxes so pledged and thereafter received by the county are	1789
immediately subject to the lien of the pledge without any physical	1790
delivery of the lodging taxes or further act. The lien of any	1791
pledge is valid and binding as against all parties having claims	1792
of any kind in tort, contract, or otherwise against the county,	1793
regardless of whether such parties have notice of the lien.	1794
Neither the resolution nor any trust agreement by which a pledge	1795
is created or further evidenced is required to be filed or	1796
recorded except in the records of the board. The special	1797
obligation securities shall contain a statement on their face to	1798
the effect that they are not general obligation securities, and,	1799
unless paid from other sources, are payable from the pledged	1800
lodging taxes.	1801

(c) Revenue securities authorized under section 133.08 of the	1802
Revised Code and issued under Chapter 133. of the Revised Code	1803
that are secured only by lawfully available project revenues	1804
pledged to pay the debt charges on those securities.	1805

(2) The securities described in division (I)(1) of this	1806
section are subject to Chapter 133. of the Revised Code.	1807

(3) Section 133.34 of the Revised Code, except for division	1808
(A) of that section, applies to the issuance of any refunding	1809
securities authorized under this division. In lieu of division (A)	1810
of section 133.34 of the Revised Code, the board of county	1811
commissioners shall establish the maturity date or dates, the	1812
interest payable on, and other terms of refunding securities as it	1813
considers necessary or appropriate for their issuance, provided	1814
that the final maturity of refunding securities shall not exceed	1815
by more than ten years the final maturity of any bonds refunded by	1816
refunding securities.	1817

(4) The board may not repeal, rescind, or reduce all or any	1818
portion of any lodging taxes pledged to the payment of debt	1819
charges on any outstanding special obligation securities	1820
authorized under this division, and no portion of any lodging	1821
taxes that is pledged, or that the board has covenanted to levy,	1822
collect, and appropriate annually to pay debt charges on any	1823
outstanding securities authorized under this division is subject	1824
to repeal, rescission, or reduction by the electorate of the	1825
county.	1826

Sec. 307.697. (A) For the purpose of section 307.696 of the	1827
Revised Code and to pay any or all of the charge the board of	1828
elections makes against the county to hold the election on the	1829
question of levying the tax, or for those purposes and to provide	1830
revenues to the county for permanent improvements, the board of	1831
county commissioners of a county may levy a tax not to exceed	1832
three dollars on each gallon of spirituous liquor sold to or	1833
purchased by liquor permit holders for resale, and sold at retail	1834
by the division of liquor control, in the county. The tax shall be	1835
levied on the number of gallons so sold. The tax may be levied for	1836
any number of years not exceeding twenty.	1837

The tax shall be levied pursuant to a resolution of the board	1838
of county commissioners approved by a majority of the electors in	1839
the county voting on the question of levying the tax, which	1840
resolution shall specify the rate of the tax, the number of years	1841
the tax will be levied, and the purposes for which the tax is	1842
levied. The election may be held on the date of a general or	1843
special election held not sooner than ~~seventy-five~~ninety days	1844
after the date the board certifies its resolution to the board of	1845
elections. If approved by the electors, the tax takes effect on	1846
the first day of the month specified in the resolution but not	1847
sooner than the first day of the month that is at least sixty days	1848
after the certification of the election results by the board of	1849
elections. A copy of the resolution levying the tax shall be	1850
certified to the division of liquor control at least sixty days	1851
prior to the date on which the tax is to become effective.	1852

(B) A resolution under this section may be joined on the	1853
ballot as a single question with a resolution adopted under	1854
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	1855
the same purposes, and for the purpose of paying the expenses of	1856
administering that tax.	1857

(C) The form of the ballot in an election held pursuant to	1858
this section or section 4301.421 or 5743.024 of the Revised Code	1859
shall be as follows or in any other form acceptable to the	1860
secretary of state:	1861

"For the purpose of paying not more than one-half of the	1862
costs of providing a public sports facility together with related	1863
redevelopment and economic development projects, shall (an) excise	1864
tax(es) be levied by .......... county at the rate of ......	1865
(dollars on each gallon of spirituous liquor sold in the county by	1866
the Ohio division of liquor control, cents per gallon on the sale	1867
of beer at wholesale in the county, cents per gallon on the sale	1868
of wine and mixed beverages at wholesale in the county, cents per	1869
gallon on the sale of cider at wholesale in the county, or mills	1870
per cigarette on the sale of cigarettes at wholesale in the	1871
county), for ...... years?	1872

1873

		Yes			1874
		No	"		1875

1876

For an election in which questions under this section or	1877
section 4301.421 or 5743.024 of the Revised Code are joined as a	1878
single question, the form of the ballot shall be as above, except	1879
each of the proposed taxes shall be listed.	1880

(D) The board of county commissioners of a county in which a	1881
tax is imposed under this section on July 19, 1995, may levy a tax	1882
for the purpose of section 307.673 of the Revised Code regardless	1883
of whether or not the cooperative agreement authorized under that	1884
section has been entered into prior to the day the resolution	1885
adopted under division (D)(1) or (2) of this section is adopted,	1886
and for the purpose of reimbursing a county for costs incurred in	1887
the construction of a sports facility pursuant to an agreement	1888
entered into by the county under section 307.696 of the Revised	1889
Code. The tax shall be levied and approved in one of the manners	1890
prescribed by division (D)(1) or (2) of this section.	1891

(1) The tax may be levied pursuant to a resolution adopted by	1892
a majority of the members of the board of county commissioners not	1893
later than forty-five days after July 19, 1995. A board of county	1894
commissioners approving a tax under division (D)(1) of this	1895
section may approve a tax under division (B)(1) of section	1896
4301.421 or division (C)(1) of section 5743.024 of the Revised	1897
Code at the same time. Subject to the resolution being submitted	1898
to a referendum under sections 305.31 to 305.41 of the Revised	1899
Code, the resolution shall take effect immediately, but the tax	1900
levied pursuant to the resolution shall not be levied prior to the	1901
day following the last day the tax levied pursuant to divisions	1902
(A), (B), and (C) of this section may be levied.	1903

(2) The tax may be levied pursuant to a resolution adopted by	1904
a majority of the members of the board of county commissioners not	1905
later than forty-five days after July 19, 1995, and approved by a	1906
majority of the electors of the county voting on the question of	1907
levying the tax at the next succeeding general election following	1908
July 19, 1995. The board of county commissioners shall certify a	1909
copy of the resolution to the board of elections immediately upon	1910
adopting a resolution under division (D)(2) of this section, and	1911
the board of elections shall place the question of levying the tax	1912
on the ballot at that election. The form of the ballot shall be as	1913
prescribed by division (C) of this section, except that the phrase	1914
"paying not more than one-half of the costs of providing a sports	1915
facility together with related redevelopment and economic	1916
development projects" shall be replaced by the phrase "paying the	1917
costs of constructing or renovating a sports facility and	1918
reimbursing a county for costs incurred by the county in the	1919
construction of a sports facility," and the phrase ", beginning	1920
.......... (here insert the earliest date the tax would take	1921
effect)" shall be appended after "years." A board of county	1922
commissioners submitting the question of a tax under division	1923
(D)(2) of this section may submit the question of a tax under	1924
division (B)(2) of section 4301.421 or division (C)(2) of section	1925
5743.024 of the Revised Code as a single question, and the form of	1926
the ballot shall include each of the proposed taxes.	1927

If approved by a majority of electors voting on the question,	1928
the tax shall take effect on the day specified on the ballot,	1929
which shall not be earlier than the day following the last day the	1930
tax levied pursuant to divisions (A), (B), and (C) of this section	1931
may be levied.	1932

The rate of a tax levied pursuant to division (D)(1) or (2)	1933
of this section shall not exceed the rate specified in division	1934
(A) of this section. A tax levied pursuant to division (D)(1) or	1935
(2) of this section may be levied for any number of years not	1936
exceeding twenty.	1937

A board of county commissioners adopting a resolution under	1938
division (D)(1) or (2) of this section shall certify a copy of the	1939
resolution to the division of liquor control immediately upon	1940
adoption of the resolution.	1941

(E) No tax shall be levied under this section on or after ~~the~~	1942
~~effective date of the amendment of this section by the capital~~	1943
~~appropriations act of the 127th general assembly~~September 23,	1944
2008. This division does not prevent the collection of any tax	1945
levied under this section before that date so long as that tax	1946
remains effective.	1947

Sec. 307.791. The question of repeal of a county sediment	1948
control rule adopted under section 307.79 of the Revised Code may	1949
be initiated by filing with the board of elections of the county	1950
not less than ~~seventy-five~~ninety days before the general or	1951
primary election in any year a petition requesting that an	1952
election be held on such question. Such petition shall be signed	1953
by qualified electors residing in the county equal in number to	1954
ten per cent of those voting for governor at the most recent	1955
gubernatorial election in the county.	1956

After determination by it that such petition is valid, the	1957
board of elections shall submit the question to the electors of	1958
the county at the next general or primary election. The election	1959
shall be conducted, canvassed, and certified in the same manner as	1960
regular elections for county offices in the county. Notice of the	1961
election shall be published in a newspaper of general circulation	1962
in the county once a week for two consecutive weeks prior to the	1963
election and, if the board of elections operates and maintains a	1964
web site, notice of the election also shall be posted on that web	1965
site for thirty days prior to the election. The notice shall state	1966
the purpose, time, and place of the election and the complete text	1967
of each rule sought to be repealed. The form of the ballot cast at	1968
such election shall be prescribed by the secretary of state. The	1969
question covered by such petition shall be submitted as a separate	1970
proposition, but it may be printed on the same ballot with any	1971
other proposition submitted at the same election other than the	1972
election of officers. If a majority of the qualified electors	1973
voting on the question of repeal approve the repeal, the result of	1974
the election shall be certified immediately after the canvass by	1975
the board of elections to the board of county commissioners, who	1976
shall thereupon rescind the rule.	1977

Sec. 307.94. Electors of a county, equal in number to ten	1978
per cent of the number who voted for governor in the county at the	1979
most recent gubernatorial election, may file, not later than one	1980
hundred ten days before the date of a general election, a petition	1981
with the board of county commissioners asking that the question of	1982
the adoption of a county charter in the form attached to the	1983
petition be submitted to the electors of the county. The petition	1984
shall be available for public inspection at the offices of the	1985
county commissioners during regular business hours until four p.m.	1986
of the ~~ninety-sixth~~one hundred eleventh day before the election,	1987
at which time the board shall, by resolution, certify the petition	1988
to the board of elections of the county for submission to the	1989
electors of the county, unless the signatures are insufficient or	1990
the petitions otherwise invalid, at the next general election.	1991

Such electors may, in the alternative not later than the one	1992
hundred ~~fifteenth~~thirtieth day before the date of a general	1993
election, file such a petition with the board of elections of the	1994
county. In such case the board of elections shall immediately	1995
proceed to determine whether the petition and the signatures on	1996
the petition meet the requirements of law and to count the number	1997
of valid signatures and to note opposite each invalid signature	1998
the reason for the invalidity. The board of elections shall	1999
complete its examination of the petition and the signatures and	2000
shall submit a report to the board of county commissioners not	2001
later than the one hundred ~~fifth~~twentieth day before the date of	2002
the general election certifying whether the petition is valid or	2003
invalid and, if invalid, the reasons for invalidity, whether there	2004
are sufficient valid signatures, and the number of valid and	2005
invalid signatures. The petition and a copy of the report to the	2006
board of county commissioners shall be available for public	2007
inspection at the board of elections. If the petition is certified	2008
by the board of elections to be valid and to have sufficient valid	2009
signatures, the board of county commissioners shall forthwith and	2010
not later than four p.m. on the ~~ninety-sixth~~one hundred eleventh	2011
day before the general election, by resolution, certify the	2012
petition to the board of elections for submission to the electors	2013
of the county at the next general election. If the petition is	2014
certified by the board of elections to be invalid or to have	2015
insufficient valid signatures, or both, the petitioners' committee	2016
may protest such findings or solicit additional signatures as	2017
provided in section 307.95 of the Revised Code, or both, or	2018
request that the board of elections proceed to establish the	2019
validity or invalidity of the petition and the sufficiency or	2020
insufficiency of the signatures in an action before the court of	2021
common pleas in the county. Such action must be brought within	2022
three days after the request has been made, and the case shall be	2023
heard forthwith by a judge or such court whose decision shall be	2024
certified to the board of elections and to the board of county	2025
commissioners in sufficient time to permit the board of county	2026
commissioners to perform its duty to certify the petition, if it	2027
is determined by the court to be valid and contain sufficient	2028
valid signatures, to the board of elections not later than four	2029
p.m. on the ~~ninety-sixth~~one hundred eleventh day prior to the	2030
general election for submission to the electors at such general	2031
election.	2032

A county charter to be submitted to the voters by petition	2033
shall be considered to be attached to the petition if it is	2034
printed as a part of the petition. A county charter petition may	2035
consist of any number of separate petition papers. Each part shall	2036
have attached a copy of the charter to be submitted to the	2037
electors, and each part shall otherwise meet all the requirements	2038
of law for a county charter petition. Section 3501.38 of the	2039
Revised Code applies to county charter petitions.	2040

The petitioners shall designate in the petition the names and	2041
addresses of a committee of not fewer than three nor more than	2042
five persons who will represent them in all matters relating to	2043
the petition. Notice of all matters or proceedings pertaining to	2044
such petitions may be served on the committee, or any of them,	2045
either personally or by certified mail, or by leaving it at the	2046
usual place of residence of each of them.	2047

Sec. 307.95. (A) When a county charter petition has been	2048
certified to the board of elections pursuant to section 307.94 of	2049
the Revised Code, the board shall immediately proceed to determine	2050
whether the petition and the signatures on the petition meet the	2051
requirements of law, including section 3501.38 of the Revised	2052
Code, and to count the number of valid signatures. The board shall	2053
note opposite each invalid signature the reason for the	2054
invalidity. The board shall complete its examination of the	2055
petition and the signatures not later than ten days after receipt	2056
of the petition certified by the board of county commissioners and	2057
shall submit a report to the board of county commissioners not	2058
less than ~~eighty-five~~one hundred days before the election	2059
certifying whether the petition is valid or invalid and, if	2060
invalid, the reasons for the invalidity, whether there are	2061
sufficient valid signatures, and the number of valid and invalid	2062
signatures. The petition and a copy of the report to the board of	2063
county commissioners shall be available for public inspection at	2064
the board of elections. If the petition is determined by the board	2065
of elections to be valid but the number of valid signatures is	2066
insufficient, the board of county commissioners shall immediately	2067
notify the committee for the petitioners, who may solicit and file	2068
additional signatures to the petition pursuant to division (E) of	2069
this section or protest the board of election's findings pursuant	2070
to division (B) of this section, or both.	2071

(B) Protests against the board of election's findings	2072
concerning the validity or invalidity of a county charter petition	2073
or any signature on such petition may be filed by any elector	2074
eligible to vote at the next general election with the board of	2075
elections not later than four p.m. of the ~~eighty-second~~	2076
ninety-seventh day before the election. Each protest shall	2077
identify the part of, or omission from, the petition or the	2078
signature or signatures to which the protest is directed, and	2079
shall set forth specifically the reason for the protest. A protest	2080
must be in writing, signed by the elector making the protest, and	2081
shall include the protestor's address. Each protest shall be filed	2082
in duplicate.	2083

(C) The board of elections shall deliver or mail be certified	2084
mail one copy of each protest filed with it to the secretary of	2085
state. The secretary of state, within ten days after receipt of	2086
the protests, shall determine the validity or invalidity of the	2087
petition and the sufficiency or insufficiency of the signatures.	2088
The secretary of state may determine whether to permit matters not	2089
raised by protest to be considered in determining such validity or	2090
invalidity or sufficiency or insufficiency, and may conduct	2091
hearings, either in Columbus or in the county where the county	2092
charter petition is filed. The determination by the secretary of	2093
state is final.	2094

(D) The secretary of state shall notify the board of	2095
elections of the determination of the validity or invalidity of	2096
the petition and sufficiency or insufficiency of the signatures	2097
not later than four p.m. of the ~~seventy-first~~eighty-first day	2098
before the election. If the petition is determined to be valid and	2099
to contain sufficient valid signatures, the charter shall be	2100
placed on the ballot at the next general election. If the petition	2101
is determined to be invalid, the secretary of state shall so	2102
notify the board of county commissioners and the board of county	2103
commissioners shall notify the committee. If the petition is	2104
determined by the secretary of state to be valid but the number of	2105
valid signatures is insufficient, the board of elections shall	2106
immediately notify the committee for the petitioners and the	2107
committee shall be allowed ten additional days after such	2108
notification to solicit and file additional signatures to the	2109
petition subject to division (E) of this section.	2110

(E) All additional signatures solicited pursuant to division	2111
(A) or (D) of this section shall be filed with the board of	2112
elections not less than ~~sixty~~seventy days before the election.	2113
The board of elections shall examine and determine the validity or	2114
invalidity of the additional separate petition papers and of the	2115
signatures thereon, and its determination is final. No valid	2116
signature on an additional separate petition paper that is the	2117
same as a valid signature on an original separate petition paper	2118
shall be counted. The number of valid signatures on the original	2119
separate petition papers and the additional separate petition	2120
papers shall be added together to determine whether there are	2121
sufficient valid signatures. If the number of valid signatures is	2122
sufficient and the additional separate petition papers otherwise	2123
valid, the charter shall be placed on the ballot at the next	2124
general election. If not, the board of elections shall notify the	2125
county commissioners, and the commissioners shall notify the	2126
committee.	2127

Sec. 322.02. (A) For the purpose of paying the costs of	2128
enforcing and administering the tax and providing additional	2129
general revenue for the county, any county may levy and collect a	2130
tax to be known as the real property transfer tax on each deed	2131
conveying real property or any interest in real property located	2132
wholly or partially within the boundaries of the county at a rate	2133
not to exceed thirty cents per hundred dollars for each one	2134
hundred dollars or fraction thereof of the value of the real	2135
property or interest in real property located within the	2136
boundaries of the county granted, assigned, transferred, or	2137
otherwise conveyed by the deed. The tax shall be levied pursuant	2138
to a resolution adopted by the board of county commissioners of	2139
the county and, except as provided in division (A) of section	2140
322.07 of the Revised Code, shall be levied at a uniform rate upon	2141
all deeds as defined in ~~dividion~~division (D) of section 322.01 of	2142
the Revised Code. Prior to the adoption of any such resolution,	2143
the board of county commissioners shall conduct two public	2144
hearings thereon, the second hearing to be not less than three nor	2145
more than ten days after the first. Notice of the date, time, and	2146
place of the hearings shall be given by publication in a newspaper	2147
of general circulation in the county once a week on the same day	2148
of the week for two consecutive weeks, the second publication	2149
being not less than ten nor more than thirty days prior to the	2150
first hearing. The tax shall be levied upon the grantor named in	2151
the deed and shall be paid by the grantor for the use of the	2152
county to the county auditor at the time of the delivery of the	2153
deed as provided in section 319.202 of the Revised Code and prior	2154
to the presentation of the deed to the recorder of the county for	2155
recording.	2156

(B) No resolution levying a real property transfer tax	2157
pursuant to this section or a manufactured home transfer tax	2158
pursuant to section 322.06 of the Revised Code shall be effective	2159
sooner than thirty days following its adoption. Such a resolution	2160
is subject to a referendum as provided in sections 305.31 to	2161
305.41 of the Revised Code, unless the resolution is adopted as an	2162
emergency measure necessary for the immediate preservation of the	2163
public peace, health, or safety, in which case it shall go into	2164
immediate effect. An emergency measure must receive an affirmative	2165
vote of all of the members of the board of commissioners, and	2166
shall state the reasons for the necessity. A resolution may direct	2167
the board of elections to submit the question of levying the tax	2168
to the electors of the county at the next primary or general	2169
election in the county occurring not less than ~~seventy-five~~	2170
ninety days after the resolution is certified to the board. No	2171
such resolution shall go into effect unless approved by a majority	2172
of those voting upon it.	2173

Sec. 322.021. The question of a repeal of a county	2174
permissive tax adopted as an emergency measure pursuant to	2175
division (B) of section 322.02 of the Revised Code may be	2176
initiated by filing with the board of elections of the county not	2177
less than ~~seventy-five~~ninety days before the general election in	2178
any year a petition requesting that an election be held on such	2179
question. Such petition shall be signed by qualified electors	2180
residing in the county equal in number to ten per cent of those	2181
voting for governor at the most recent gubernatorial election.	2182

After determination by it that such petition is valid, the	2183
board of elections shall submit the question to the electors of	2184
the county at the next general election. The election shall be	2185
conducted, canvassed, and certified in the same manner as regular	2186
elections for county offices in the county. Notice of the election	2187
shall be published in a newspaper of general circulation in the	2188
district once a week for two consecutive weeks prior to the	2189
election and, if the board of elections operates and maintains a	2190
web site, notice of the election also shall be posted on that web	2191
site for thirty days prior to the election. The notice shall state	2192
the purpose, time, and place of the election. The form of the	2193
ballot cast at such election shall be prescribed by the secretary	2194
of state. The question covered by such petition shall be submitted	2195
as a separate proposition, but it may be printed on the same	2196
ballot with any other proposition submitted at the same election	2197
other than the election of officers. If a majority of the	2198
qualified electors voting on the question of repeal approve the	2199
repeal, the result of the election shall be certified immediately	2200
after the canvass by the board of elections to the board of county	2201
commissioners, who shall thereupon, after the current year, cease	2202
to levy the tax.	2203

Sec. 324.02. For the purpose of providing additional general	2204
revenues for the county and paying the expense of administering	2205
such levy, any county may levy a county excise tax to be known as	2206
the utilities service tax on the charge for every utility service	2207
to customers within the county at a rate not to exceed two per	2208
cent of such charge. On utility service to customers engaged in	2209
business, the tax shall be imposed at a rate of one hundred fifty	2210
per cent of the rate imposed upon all other consumers within the	2211
county. The tax shall be levied pursuant to a resolution adopted	2212
by the board of county commissioners of the county and shall be	2213
levied at uniform rates required by this section upon all charges	2214
for utility service except as provided in section 324.03 of the	2215
Revised Code. The tax shall be levied upon the customer and shall	2216
be paid by the customer to the utility supplying the service at	2217
the time the customer pays the utility for the service. If the	2218
charge for utility service is billed to a person other than the	2219
customer at the request of such person, the tax commissioner of	2220
the state may, in accordance with section 324.04 of the Revised	2221
Code, provide for the levy of the tax against and the payment of	2222
the tax by such other person. Each utility furnishing a utility	2223
service the charge for which is subject to the tax shall set forth	2224
the tax as a separate item on each bill or statement rendered to	2225
the customer.	2226

Prior to the adoption of any resolution levying a utilities	2227
service tax the board of county commissioners shall conduct two	2228
public hearings thereon, the second hearing to be not less than	2229
three nor more than ten days after the first. Notice of the date,	2230
time, and place of such hearings shall be given by publication in	2231
a newspaper of general circulation in the county once a week on	2232
the same day of the week for two consecutive weeks, the second	2233
publication being not less than ten nor more than thirty days	2234
prior to the first hearing. No resolution levying a utilities	2235
service tax pursuant to this section of the Revised Code shall be	2236
effective sooner than thirty days following its adoption and such	2237
resolution is subject to a referendum as provided in sections	2238
305.31 to 305.41 of the Revised Code, unless such resolution is	2239
adopted as an emergency measure necessary for the immediate	2240
preservation of the public peace, health, or safety, in which case	2241
it shall go into immediate effect. Such emergency measure must	2242
receive an affirmative vote of all of the members of the board of	2243
commissioners, and shall state the reasons for such necessity. A	2244
resolution may direct the board of elections to submit the	2245
question of levying the tax to the electors of the county at the	2246
next primary or general election in the county occurring not less	2247
than ~~seventy-five~~ninety days after such resolution is certified	2248
to the board. No such resolution shall go into effect unless	2249
approved by a majority of those voting upon it. The tax levied by	2250
such resolution shall apply to all bills rendered subsequent to	2251
the sixtieth day after the effective date of the resolution. No	2252
bills shall be rendered out of the ordinary course of business to	2253
avoid payment of the tax.	2254

Sec. 324.021. The question of repeal of a county permissive	2255
tax adopted as an emergency measure pursuant to section 324.02 of	2256
the Revised Code may be initiated by filing with the board of	2257
elections of the county not less than ~~seventy-five~~ninety days	2258
before the general election in any year a petition requesting that	2259
an election be held on such question. Such petition shall be	2260
signed by qualified electors residing in the county equal in	2261
number to ten per cent of those voting for governor at the most	2262
recent gubernatorial election.	2263

After determination by it that such petition is valid, the	2264
board of elections shall submit the question to the electors of	2265
the county at the next general election. The election shall be	2266
conducted, canvassed, and certified in the same manner as regular	2267
elections for county offices in the county. Notice of the election	2268
shall be published in a newspaper of general circulation in the	2269
district once a week for two consecutive weeks prior to the	2270
election and, if the board of elections operates and maintains a	2271
web site, notice of the election also shall be posted on that web	2272
site for thirty days prior to the election. The notice shall state	2273
the purpose, time, and place of the election. The form of the	2274
ballot cast at such election shall be prescribed by the secretary	2275
of state. The question covered by such petition shall be submitted	2276
as a separate proposition, but it may be printed on the same	2277
ballot with any other proposition submitted at the same election	2278
other than the election of officers. If a majority of the	2279
qualified electors voting on the question of repeal approve the	2280
repeal, the result of the election shall be certified immediately	2281
after the canvass by the board of elections to the board of county	2282
commissioners, who shall thereupon, after the current year, cease	2283
to levy the tax.	2284

Sec. 345.03. A copy of any resolution adopted under section	2285
345.01 of the Revised Code shall be certified within five days by	2286
the taxing authority and not later than four p. m. of the	2287
~~seventy-fifth~~ninetieth day before the day of the election, to the	2288
county board of elections, and such board shall submit the	2289
proposal to the electors of the subdivision at the succeeding	2290
general election. The board shall make the necessary arrangements	2291
for the submission of such question to the electors of the	2292
subdivision, and the election shall be conducted, canvassed, and	2293
certified in like manner as regular elections in such subdivision.	2294

Notice of the election shall be published in a newspaper of	2295
general circulation in the subdivision, at least once, not less	2296
than two weeks prior to such election. The notice shall set out	2297
the purpose of the proposed increase in rate, the amount of the	2298
increase expressed in dollars and cents for each one hundred	2299
dollars of valuation as well as in mills for each one dollar of	2300
property valuation, the number of years during which such increase	2301
will be in effect, and the time and place of holding such	2302
election.	2303

Sec. 351.26. (A) The board of directors of a convention	2304
facilities authority may adopt a resolution requesting the board	2305
of county commissioners of the county in which the convention	2306
facilities authority has its territory to propose the question of	2307
a tax to be levied pursuant to this section and section 4301.424	2308
or sections 5743.026 and 5743.324 of the Revised Code for the	2309
purpose of construction or renovation of a sports facility. The	2310
board of directors shall certify a copy of the resolution to the	2311
board of county commissioners not later than ~~ninety~~one hundred	2312
five days prior to the day of the election at which the board of	2313
directors requests the board of county commissioners to submit the	2314
question of the tax. The resolution shall state the rate at which	2315
the tax would be levied, the purpose for which the tax would be	2316
levied, the number of years the tax would be levied, the section	2317
of the Revised Code under which the tax would be levied, and the	2318
date of the election at which the board of directors requests the	2319
board of county commissioners to submit the question of the tax,	2320
all of which are subject to the limitations of this section and	2321
section 4301.424 or sections 5743.026 and 5743.324 of the Revised	2322
Code.	2323

Upon receiving a copy of such a resolution from the board of	2324
directors, the board of county commissioners shall adopt a	2325
resolution either approving or rejecting the proposal, and certify	2326
a copy of its resolution to the board of directors. If the board	2327
of county commissioners approves the proposal, the board of county	2328
commissioners shall propose the question of levying a tax pursuant	2329
to section 4301.424 of the Revised Code or pursuant to sections	2330
5743.026 and 5743.324 of the Revised Code, as specified in the	2331
board of directors' resolution, for the purpose of construction or	2332
renovation of a sports facility.	2333

(B) The form of the ballot in an election held on the	2334
question of levying a tax proposed pursuant to section 4301.424 or	2335
5743.026 of the Revised Code shall be as follows or in any other	2336
form acceptable to the secretary of state:	2337

"For the purpose of paying the costs of ..........	2338
(constructing or renovating) a sports facility, shall (an) excise	2339
tax(es) be levied by the .......... county for the convention	2340
facilities authority of .......... county at the rate of ......	2341
(dollars on each gallon of spirituous liquor sold in the county by	2342
the Ohio division of liquor control, cents per gallon on the sale	2343
of beer at wholesale in the county, cents per gallon on the sale	2344
of wine and mixed beverages at wholesale in the county, or mills	2345
per cigarette on the sale of cigarettes at wholesale in the	2346
county), for ...... years?	2347

2348

		Yes			2349
		No	"		2350

2351

For an election in which questions under section 4301.424 or	2352
5743.026 of the Revised Code are joined as a single question, the	2353
form of the ballot shall be as above, except each of the proposed	2354
taxes shall be listed.	2355

(C) No tax shall be levied under this section on or after ~~the~~	2356
~~effective date of the amendment of this section by the capital~~	2357
~~appropriations act of the 127th general assembly~~September 23,	2358
2008. This division does not prevent the collection of any tax	2359
levied under this section before that date so long as that tax	2360
remains effective.	2361

Sec. 503.02. (A) Except as otherwise provided in this	2362
section, the board of county commissioners may change the	2363
boundaries of any civil township, or partition any township among	2364
other townships within the county, by attaching a part of one	2365
township to another, by dividing one township and attaching the	2366
parts to other townships, or by laying off and designating a new	2367
township from the territory of one or more townships of the same	2368
county or from territory not before included in a civil township,	2369
when it is made to appear necessary or expedient by a petition for	2370
that purpose, signed by a majority of the electors residing within	2371
the bounds of the townships to be affected by the partition or	2372
division, as determined by the number of votes cast in those	2373
townships for the office of governor at the most recent general	2374
election for that office.	2375

If the board receives a petition to partition a township that	2376
has adopted a limited home rule government under Chapter 504. of	2377
the Revised Code, signed by a majority of the electors residing in	2378
that township, the board shall certify the question of whether or	2379
not the township shall remain intact to the board of elections.	2380
The board of elections shall determine the validity and	2381
sufficiency of the signatures on the petition and, if there are	2382
enough valid signatures, shall place the question on the ballot at	2383
a special election to be held on the day of the next general or	2384
primary election in the township occurring at least ~~seventy-five~~	2385
ninety days after the petition is filed, for a vote of the	2386
electors within that township. If a majority of those voting vote	2387
against keeping the township intact, the board of county	2388
commissioners shall proceed to partition the township. If a	2389
majority of those voting vote for keeping the township intact, the	2390
board of county commissioners shall not partition the township and	2391
shall deny the petition.	2392

(B) If a township is divided or partitioned under this	2393
section, the board of county commissioners shall apportion the	2394
funds in the township's treasury to the township to which portions	2395
of the divided or partitioned township are attached, or to the new	2396
townships established. This apportionment may take into account	2397
the taxable property valuation, population, or size of the	2398
portions created by the division or partition, as well as any	2399
other readily ascertainable criteria.	2400

Sec. 503.161. (A) A board of township trustees, by a	2401
unanimous vote, may adopt a resolution causing the board of	2402
elections to submit to the electors of the unincorporated area of	2403
the township the question of whether the township's name should be	2404
changed.	2405

(B) The electors of the unincorporated area of a township may	2406
petition the board of township trustees to adopt a resolution	2407
causing the board of elections to submit to the electors the	2408
question of whether the township's name should be changed. Upon	2409
receipt of a petition signed by twenty per cent of the electors of	2410
the unincorporated area of the township, as determined by the	2411
total number of votes cast in that area for the office of governor	2412
at the preceding general election for that office, the board of	2413
township trustees shall adopt such a resolution.	2414

(C) The question of whether the township's name should be	2415
changed shall be voted upon at the next primary or general	2416
election occurring at least ~~seventy-five~~ninety days after the	2417
certification of the resolution adopted under division (A) or (B)	2418
of this section to the board of elections.	2419

Sec. 503.24. If there is a vacancy by reason of the	2420
nonacceptance, death, or removal of a person chosen to an office	2421
in any township at the regular election, or if there is a vacancy	2422
from any other cause, the board of township trustees shall appoint	2423
a person having the qualifications of an elector to fill such	2424
vacancy for the unexpired term or until a successor is elected.	2425

If a township is without a board or if no appointment is made	2426
within thirty days after the occurrence of a vacancy, a majority	2427
of the persons designated as the committee of five on the	2428
last-filed nominating petition of the township officer whose	2429
vacancy is to be filled who are residents of the township shall	2430
appoint a person having the qualifications of an elector to fill	2431
the vacancy for the unexpired term or until a successor is	2432
elected. If at least three of the committee members who are	2433
residents of the township cannot be found, or if that number of	2434
such members fails to make an appointment within ten days after	2435
the thirty-day period in which the board of township trustees is	2436
authorized to make an appointment, then the presiding probate	2437
judge of the county shall appoint a suitable person having the	2438
qualifications of an elector in the township to fill the vacancy	2439
for the unexpired term or until a successor is elected.	2440

If a vacancy occurs in a township elective office more than	2441
~~forty~~fifty days before the next general election for municipal	2442
and township officers a successor shall be chosen at that election	2443
to fill the unexpired term, provided the term does not expire	2444
within one year from the day of the election. If the term expires	2445
within one year from the day of the next general election for	2446
municipal and township officers, a successor appointed pursuant to	2447
this section shall serve out the unexpired term.	2448

Sec. 503.41. (A) A board of township trustees, by	2449
resolution, may regulate and require the registration of massage	2450
establishments and their employees within the unincorporated	2451
territory of the township. In accordance with sections 503.40 to	2452
503.49 of the Revised Code, for that purpose, the board, by a	2453
majority vote of all members, may adopt, amend, administer, and	2454
enforce regulations within the unincorporated territory of the	2455
township.	2456

(B) A board may adopt regulations and amendments under this	2457
section only after public hearing at not fewer than two regular	2458
sessions of the board. The board shall cause to be published in at	2459
least one newspaper of general circulation in the township notice	2460
of the public hearings, including the time, date, and place, once	2461
a week for two weeks immediately preceding the hearings. The board	2462
shall make available proposed regulations or amendments to the	2463
public at the office of the board.	2464

(C) Regulations or amendments adopted by the board are	2465
effective thirty days after the date of adoption unless, within	2466
thirty days after the adoption of the regulations or amendments,	2467
the township fiscal officer receives a petition, signed by a	2468
number of qualified electors residing in the unincorporated area	2469
of the township equal to not less than ten per cent of the total	2470
vote cast for all candidates for governor in the area at the most	2471
recent general election at which a governor was elected,	2472
requesting the board to submit the regulations or amendments to	2473
the electors of the area for approval or rejection at the next	2474
primary or general election occurring at least ~~seventy-five~~	2475
ninety days after the board receives the petition.	2476

No regulation or amendment for which the referendum vote has	2477
been requested is effective unless a majority of the ~~vote~~votes	2478
cast on the issue is in favor of the regulation or amendment. Upon	2479
certification by the board of elections that a majority of the	2480
votes cast on the issue was in favor of the regulation or	2481
amendment, the regulation or amendment takes immediate effect.	2482

(D) The board shall make available regulations it adopts or	2483
amends to the public at the office of the board and shall cause to	2484
be published a notice of the availability of the regulations in at	2485
least one newspaper of general circulation in the township within	2486
ten days after their adoption or amendment.	2487

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	2488
shall be construed to allow a board of township trustees to	2489
regulate the practice of any limited branch of medicine specified	2490
in section 4731.15 of the Revised Code or the practice of	2491
providing therapeutic massage by a licensed physician, a licensed	2492
chiropractor, a licensed podiatrist, a licensed nurse, or any	2493
other licensed health professional. As used in this division,	2494
"licensed" means licensed, certified, or registered to practice in	2495
this state.	2496

Sec. 504.01. A township that meets the qualifications of	2497
this section may adopt a limited home rule government in the	2498
manner provided in this section.	2499

(A)(1) If a township has a population of at least three	2500
thousand five hundred but less than five thousand in the	2501
unincorporated territory of the township, a limited home rule	2502
government under which the township exercises limited powers of	2503
local self-government and limited police powers may be adopted if	2504
all the following apply:	2505

(a) The electors of the unincorporated territory of the	2506
township petition the board of township trustees to adopt limited	2507
home rule government;	2508

(b) The petition has been signed by ten per cent of the	2509
electors of the unincorporated territory of the township, as	2510
determined by the total number of votes cast in that territory for	2511
the office of governor at the most recent general election for	2512
that office;	2513

(c) The board of township trustees appoints a township	2514
administrator under division (A)(2) of section 505.031 of the	2515
Revised Code; and	2516

(d) The total amount certified in the official certificate of	2517
estimated resources or in an amended official certificate of	2518
estimated resources for the township under section 5705.36 of the	2519
Revised Code is at least three million five hundred thousand	2520
dollars for the most recently concluded fiscal year.	2521

If the conditions enumerated in this division have been met,	2522
the board shall adopt and certify to the board of elections a	2523
resolution directing the board of elections to submit to the	2524
electors of the unincorporated territory the question whether the	2525
township should adopt a limited home rule government. The question	2526
shall be voted upon at the next general election occurring at	2527
least ~~seventy-five~~ninety days after certification of the	2528
resolution to the board of elections.	2529

(2) If a township has a population of at least five thousand	2530
but less than fifteen thousand in the unincorporated territory of	2531
the township, the board of township trustees, by a majority vote,	2532
may adopt a resolution causing the board of elections to submit to	2533
the electors of the unincorporated area of the township the	2534
question of whether the township should adopt a limited home rule	2535
government under which it exercises limited powers of local	2536
self-government and limited police powers, as authorized by this	2537
chapter. The question shall be voted upon at the next general	2538
election occurring at least ~~seventy-five~~ninety days after	2539
certification of the resolution to the board of elections.	2540

(3) If a township has a population of fifteen thousand or	2541
more in the unincorporated territory of the township, the board of	2542
township trustees, after at least one public hearing, may do	2543
either of the following:	2544

(a) By a unanimous vote, adopt a resolution establishing a	2545
limited home rule government under which the township exercises	2546
limited powers of local self-government and limited police powers	2547
as authorized by this chapter. The resolution shall become	2548
effective thirty days after the date of its adoption unless within	2549
that thirty-day period there is presented to the board of township	2550
trustees a petition, signed by a number of registered electors	2551
residing in the unincorporated area of the township equal to at	2552
least ten per cent of the total vote cast for all candidates for	2553
governor in that area at the most recent general election at which	2554
a governor was elected, requesting the board of township trustees	2555
to submit the question of establishing a limited home rule	2556
government to the electors of that area for approval or rejection	2557
at a special election to be held on the day of the next primary or	2558
general election occurring at least ~~seventy-five~~ninety days after	2559
the petition is presented. Each part of the petition shall meet	2560
the requirements specified in section 3501.38 of the Revised Code.	2561
Upon timely receipt of the petition, the board of township	2562
trustees shall adopt a resolution causing the board of elections	2563
to submit to the electors of the unincorporated area of the	2564
township the question of whether the township should adopt a	2565
limited home rule government.	2566

(b) By a majority vote, adopt a resolution causing the board	2567
of elections to submit to the electors of the unincorporated area	2568
of the township the question of whether the township should adopt	2569
a limited home rule government under which it exercises limited	2570
powers of local self-government and limited police powers, as	2571
authorized by this chapter. The question shall be voted upon at	2572
the next general election occurring at least ~~seventy-five~~ninety	2573
days after certification of the resolution to the board of	2574
elections.	2575

(4) If a township meets the population requirements of	2576
division (A)(2) or (3) of this section, the electors of the	2577
unincorporated area of the township may petition the board of	2578
township trustees to adopt a resolution causing the board of	2579
elections to submit to the electors the question of whether the	2580
township should adopt a limited home rule government. Upon receipt	2581
of a petition signed by ten per cent of the electors of the	2582
unincorporated area of the township, as determined by the total	2583
number of votes cast in that area for the office of governor at	2584
the most recent general election for that office, the board of	2585
township trustees shall adopt the resolution. The question shall	2586
be voted upon at the next general election occurring at least	2587
~~seventy-five~~ninety days after the certification of the resolution	2588
to the board of elections.	2589

(B) If the population of the unincorporated territory of any	2590
township that adopts a limited home rule government under division	2591
(A)(3) or (4) of this section is fifteen thousand or more, the	2592
township shall be called an "urban township."	2593

(C) Except as otherwise provided in division (A)(1) of this	2594
section, townships with a population of less than five thousand in	2595
the unincorporated territory of the township are not permitted to	2596
adopt a limited home rule government.	2597

Sec. 504.03. (A)(1) If a limited home rule government is	2598
adopted pursuant to section 504.02 of the Revised Code, it shall	2599
remain in effect for at least three years except as otherwise	2600
provided in division (B) of this section. At the end of that	2601
period, if the board of township trustees determines that that	2602
government is not in the best interests of the township, it may	2603
adopt a resolution causing the board of elections to submit to the	2604
electors of the unincorporated area of the township the question	2605
of whether the township should continue the limited home rule	2606
government. The question shall be voted upon at the next general	2607
election occurring at least ~~seventy-five~~ninety days after the	2608
certification of the resolution to the board of elections. After	2609
certification of the resolution, the board of elections shall	2610
submit the question to the electors of the unincorporated area of	2611
the township, and the ballot language shall be substantially as	2612
follows:	2613

"Shall the township of ........... (name) continue the	2614
limited home rule government under which it is operating?	2615

......		For continuation of the limited home rule government		2616
......		Against continuation of the limited home rule government"		2617

(2)(a) At least forty-five days before the election on the	2618
question of continuing the limited home rule government, the board	2619
of township trustees shall have notice of the election published	2620
in a newspaper of general circulation in the township once a week	2621
for two consecutive weeks and have the notice posted in five	2622
conspicuous places in the unincorporated area of the township.	2623

(b) If a board of elections operates and maintains a web	2624
site, notice of the election shall be posted on that web site for	2625
at least thirty days before the election on the question of	2626
continuing the limited home rule government.	2627

(B) The electors of a township that has adopted a limited	2628
home rule government may propose at any time by initiative	2629
petition, in accordance with section 504.14 of the Revised Code, a	2630
resolution submitting to the electors in the unincorporated area	2631
of the township, in an election, the question set forth in	2632
division (A)(1) of this section.	2633

(C) If a majority of the votes cast under division (A) or (B)	2634
of this section on the proposition of continuing the limited home	2635
rule government is in the negative, that government is terminated	2636
effective on the first day of January immediately following the	2637
election, and a limited home rule government shall not be adopted	2638
in the unincorporated area of the township pursuant to section	2639
504.02 of the Revised Code for at least three years after that	2640
date.	2641

(D) If a limited home rule government is terminated under	2642
this section, the board of township trustees immediately shall	2643
adopt a resolution repealing all resolutions adopted pursuant to	2644
this chapter that are not authorized by any other section of the	2645
Revised Code outside this chapter, effective on the first day of	2646
January immediately following the electio