Ohio Revised Code
Chapter 5705 | Tax Levy Law
Section 5705.01 | Tax Levy Law Definitions.

Effective: September 13, 2022
Latest Legislation: House Bill 140 - 134th General Assembly
As used in this chapter:
(A) "Subdivision" means any county; municipal corporation; township; township police district; joint police district; township fire district; joint fire district; joint ambulance district; joint emergency medical services district; fire and ambulance district; joint recreation district; township waste disposal district; township road district; community college district; technical college district; detention facility district; a district organized under section 2151.65 of the Revised Code; a combined district organized under sections 2152.41 and 2151.65 of the Revised Code; a joint-county alcohol, drug addiction, and mental health service district; a drainage improvement district created under section 6131.52 of the Revised Code; a lake facilities authority created under Chapter 353. of the Revised Code; a union cemetery district; a county school financing district; a city, local, exempted village, cooperative education, or joint vocational school district; or a regional student education district created under section 3313.83 of the Revised Code.
(B) "Municipal corporation" means all municipal corporations, including those that have adopted a charter under Article XVIII, Ohio Constitution.
(C) "Taxing authority" or "bond issuing authority" means, in the case of any county, the board of county commissioners; in the case of a municipal corporation, the council or other legislative authority of the municipal corporation; in the case of a city, local, exempted village, cooperative education, or joint vocational school district, the board of education; in the case of a community college district, the board of trustees of the district; in the case of a technical college district, the board of trustees of the district; in the case of a detention facility district, a district organized under section 2151.65 of the Revised Code, or a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, the joint board of county commissioners of the district; in the case of a township, the board of township trustees; in the case of a joint police district, the joint police district board; in the case of a joint fire district, the board of fire district trustees; in the case of a joint recreation district, the joint recreation district board of trustees; in the case of a joint-county alcohol, drug addiction, and mental health service district, the district's board of alcohol, drug addiction, and mental health services; in the case of a joint ambulance district or a fire and ambulance district, the board of trustees of the district; in the case of a union cemetery district, the legislative authority of the municipal corporation and the board of township trustees, acting jointly as described in section 759.341 of the Revised Code; in the case of a drainage improvement district, the board of county commissioners of the county in which the drainage district is located; in the case of a lake facilities authority, the board of directors; in the case of a joint emergency medical services district, the joint board of county commissioners of all counties in which all or any part of the district lies; and in the case of a township police district, a township fire district, a township road district, or a township waste disposal district, the board of township trustees of the township in which the district is located. "Taxing authority" also means the educational service center governing board that serves as the taxing authority of a county school financing district as provided in section 3311.50 of the Revised Code, and the board of directors of a regional student education district created under section 3313.83 of the Revised Code.
(D) "Fiscal officer" in the case of a county, means the county auditor; in the case of a municipal corporation, the city auditor or village clerk, or an officer who, by virtue of the charter, has the duties and functions of the city auditor or village clerk, except that in the case of a municipal university the board of directors of which have assumed, in the manner provided by law, the custody and control of the funds of the university, the chief accounting officer of the university shall perform, with respect to the funds, the duties vested in the fiscal officer of the subdivision by sections 5705.41 and 5705.44 of the Revised Code; in the case of a school district, the treasurer of the board of education; in the case of a county school financing district, the treasurer of the educational service center governing board that serves as the taxing authority; in the case of a township, the township fiscal officer; in the case of a joint police district, the treasurer of the district; in the case of a joint fire district, the clerk of the board of fire district trustees; in the case of a joint ambulance district, the clerk of the board of trustees of the district; in the case of a joint emergency medical services district, the person appointed as fiscal officer pursuant to division (D) of section 307.053 of the Revised Code; in the case of a fire and ambulance district, the person appointed as fiscal officer pursuant to division (B) of section 505.375 of the Revised Code; in the case of a joint recreation district, the person designated pursuant to section 755.15 of the Revised Code; in the case of a union cemetery district, the clerk of the municipal corporation designated in section 759.34 of the Revised Code; in the case of a children's home district, educational service center, general health district, joint-county alcohol, drug addiction, and mental health service district, county library district, detention facility district, district organized under section 2151.65 of the Revised Code, a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, or a metropolitan park district for which no treasurer has been appointed pursuant to section 1545.07 of the Revised Code, the county auditor of the county designated by law to act as the auditor of the district; in the case of a metropolitan park district which has appointed a treasurer pursuant to section 1545.07 of the Revised Code, that treasurer; in the case of a drainage improvement district, the auditor of the county in which the drainage improvement district is located; in the case of a lake facilities authority, the fiscal officer designated under section 353.02 of the Revised Code; in the case of a regional student education district, the fiscal officer appointed pursuant to section 3313.83 of the Revised Code; and in all other cases, the officer responsible for keeping the appropriation accounts and drawing warrants for the expenditure of the moneys of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any property, asset, or improvement with an estimated life or usefulness of five years or more, including land and interests therein, and reconstructions, enlargements, and extensions thereof having an estimated life or usefulness of five years or more.
(F) "Current operating expenses" and "current expenses" mean the lawful expenditures of a subdivision, except those for permanent improvements, and except payments for interest, sinking fund, and retirement of bonds, notes, and certificates of indebtedness of the subdivision.
(G) "Debt charges" means interest, sinking fund, and retirement charges on bonds, notes, or certificates of indebtedness.
(H) "Taxing unit" means any subdivision or other governmental district having authority to levy taxes on the property in the district or issue bonds that constitute a charge against the property of the district, including conservancy districts, metropolitan park districts, sanitary districts, road districts, and other districts.
(I) "District authority" means any board of directors, trustees, commissioners, or other officers controlling a district institution or activity that derives its income or funds from two or more subdivisions, such as the educational service center, the trustees of district children's homes, the district board of health, a joint-county alcohol, drug addiction, and mental health service district's board of alcohol, drug addiction, and mental health services, detention facility districts, a joint recreation district board of trustees, districts organized under section 2151.65 of the Revised Code, combined districts organized under sections 2152.41 and 2151.65 of the Revised Code, and other such boards.
(J) "Tax list" and "tax duplicate" mean the general tax lists and duplicates prescribed by sections 319.28 and 319.29 of the Revised Code.
(K) "Property" as applied to a tax levy means taxable property listed on general tax lists and duplicates.
(L) "Association library district" means a territory, the boundaries of which are defined by the state library board pursuant to division (I) of section 3375.01 of the Revised Code, in which a library association or private corporation maintains a free public library.
(M) "Library district" means a territory, the boundaries of which are defined by the state library board pursuant to section 3375.01 of the Revised Code, in which the board of trustees of a county, municipal corporation, school district, or township public library maintains a free public library.
(N) "Qualifying library levy" means either of the following:
(1) A levy for the support of a library association or private corporation that has an association library district with boundaries that are not identical to those of a subdivision;
(2) A levy proposed under section 5705.23 of the Revised Code for the support of the board of trustees of a public library that has a library district with boundaries that are not identical to those of a subdivision.
(O) "School library district" means a school district in which a free public library has been established that is under the control and management of a board of library trustees as provided in section 3375.15 of the Revised Code.
(P) "The county auditor's appraised value" means the true value in money of real property.
(Q) "Estimated effective rate" means the quotient obtained by dividing (1) an estimate of the taxes that will be charged and payable in a year against real property classified as residential or agricultural under section 5713.041 of the Revised Code from either (a) a levy that is a renewal, increase, or decrease of an existing levy or (b) an existing levy that is extended to additional territory, assuming that the additional territory has been added to the subdivision, by (2) an estimate of the total taxable value of that class of property for that year.
Last updated July 15, 2022 at 8:56 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

Chapter 5705 | Tax Levy Law

Section 5705.01 | Tax Levy Law Definitions.

Section 5705.02 | Ten-Mill Limitation.

Section 5705.03 | Authorization to Levy Taxes - Collection.

Section 5705.04 | Division of Taxes Levied.

Section 5705.05 | Purpose and Intent of General Levy for Current Expenses.

Section 5705.06 | Special Levies Without Vote of the People Within Ten-Mill Limitation.

Section 5705.07 | Levies in Excess of Ten-Mill Limitation.

Section 5705.08 | Certification by Fiscal Officer.

Section 5705.09 | Establishment of Funds.

Section 5705.091 | County Developmental Disabilities General Fund - Capital Fund - Medicaid Reserve Fund.

Section 5705.10 | Use of Revenues.

Section 5705.11 | Distribution of Revenue Derived From Federal Government.

Section 5705.12 | Approval to Establish Special Funds.

Section 5705.121 | Other Special Funds.

Section 5705.13 | Reserve Balance Accounts - Special Revenue Fund - Capital Projects Fund.

Section 5705.131 | Nonexpendable Trust Fund.

Section 5705.132 | Reserve Balance Account for Other Purposes.

Section 5705.14 | Transfer of Funds.

Section 5705.15 | Transfer of Public Funds - Exceptions.

Section 5705.16 | Resolution for Transfer of Funds; Petition; Approval or Disapproval by Tax Commissioner.

Section 5705.18 | Charter Prevails Over Ten-Mill Limitation - Calculation of Tax Rate.

Section 5705.19 | Resolution Relative to Tax Levy in Excess of Ten-Mill Limitation.

Section 5705.191 | Levy in Excess of Ten-Mill Limitation - Political Subdivisions Other Than Schools.

Section 5705.192 | Replacement Levies.

Section 5705.193 | County Anticipation Notes for Permanent Improvement or Class of Permanent Improvements.

Section 5705.194 | Levy in Excess of Ten-Mill Limitation - Schools.

Section 5705.195 | Calculation of Millage and Years School Levy Shall Run.

Section 5705.196 | Submitting School Levy to Electors.

Section 5705.197 | Form of Ballot.

Section 5705.198 | Tax Levy by Joint Recreation District.

Section 5705.199 | School Levy in Excess of Ten-Mill Limitation.

Section 5705.20 | Special Levy for Tuberculosis Treatment or Clinics.

Section 5705.21 | Special Election on Additional School District Levy.

Section 5705.212 | School Levy of Up to Five Incremental Taxes.

Section 5705.213 | Special School District Election on Levy for Current Expenses - Renewal Levy.

Section 5705.214 | Frequency of School District Elections.

Section 5705.215 | County School Financing District Levy.

Section 5705.216 | Issuing Additional Anticipation Notes for School Purposes.

Section 5705.217 | Holding Special Elections on Additional Tax for School District Purposes.

Section 5705.218 | Holding Special Elections on General Obligation Bonds for School District Purposes.

Section 5705.219 | Conversion of Existing Levies Imposed for the Purpose of Current Expenses Into a Levy Raising a Specified Amount of Tax Money.

Section 5705.2110 | Certification of Tax Amount.

Section 5705.2111 | Proposal for Levy in Excess of Limitation.

Section 5705.2112 | Tax Levy to Fund Acquisition of Classroom Facilities That Benefit the Qualifying Partnership.

Section 5705.2113 | Levy of Tax in Excess of Ten Mill Limitation for Purpose of Acquiring Classroom Facilities and Necessary Appurtenances.

Section 5705.22 | Additional Levy for County Hospitals.

Section 5705.221 | Additional Levy for County Alcohol, Drug Addiction, and Mental Health Programs.

Section 5705.222 | Additional Levy for County Developmental Disabilities Programs.

Section 5705.23 | Special Levy for Public Library - Resolution - Submission to Electors.

Section 5705.233 | General Obligation Bonds for Permanent Improvements to Criminal Justice Facilities.

Section 5705.24 | County Tax Levy for Support of Children Services.

Section 5705.25 | Submission of Proposed Levy - Notice of Election - Form of Ballot - Certification.

Section 5705.251 | Election on Incremental Taxes for Schools.

Section 5705.252 | Election on Transportation Services.

Section 5705.26 | Majority Vote Necessary for Levies.

Section 5705.261 | Election on Decrease of an Increased Rate of Levy Approved for a Continuing Period of Time.

Section 5705.27 | County Budget Commission.

Section 5705.28 | Adoption of Tax Budget - Procedure for Participation by Public Library Trustees.

Section 5705.281 | Waiving Requirement of Adoption of Tax Budget.

Section 5705.29 | Contents of Tax Budget - Contingency Reserve Balance - Spending Reserve.

Section 5705.30 | Public Inspection of Budget - Hearing - Notice - Submission to County Auditor.

Section 5705.31 | Approval of Levies by Budget Commission - Minimum Levy.

Section 5705.311 | Application of Levy to Annexed Territory.

Section 5705.312 | Increasing Minimum Levy to Pay Debt Service.

Section 5705.313 | Permitting Property Tax Rate Reduction When County Sales Tax Increased.

Section 5705.314 | Conducting Public Hearing on Proposed School Levy.

Section 5705.315 | Effect of Annexation on Minimum Municipal and Township Levies.

Section 5705.32 | Budget Commission to Adjust Amounts Required - Revision of Estimate - Distribution - Hearing.

Section 5705.321 | Alternative Method of Apportionment.

Section 5705.322 | Reducing Taxing Authority of Counties in Connection With Developmental Disabilities General Fund.

Section 5705.33 | Reduction of Operating Levy.

Section 5705.34 | Certification of Tax Levy - Revision of Budget.

Section 5705.341 | Right of Appeal.

Section 5705.35 | Contents of Certification.

Section 5705.36 | Certification of Available Revenue - Additional Revenue - Amended Official Certificate.

Section 5705.37 | Appeal to Board of Tax Appeals.

Section 5705.38 | Annual Appropriation Measures - Classification.

Section 5705.39 | Appropriations Limited by Estimated Revenue.

Section 5705.391 | Board of Education Spending Plan.

Section 5705.392 | County Spending Plan.

Section 5705.40 | Amending or Supplementing Appropriation Ordinance - Transfer - Unencumbered Balance - Appropriation for Contingencies.

Section 5705.41 | Restriction Upon Appropriation and Expenditure of Money - Certificate of Fiscal Officer.

Section 5705.411 | Anticipated Proceeds From Levy for Permanent Improvement Are Deemed Appropriated.

Section 5705.412 | Certificate of Revenue Required for School District Expenditures.

Section 5705.42 | Grants by United States Government.

Section 5705.43 | Improvements Paid by Special Assessments.

Section 5705.44 | Contracts Running Beyond Fiscal Year - Certificate Not Required on Contracts Payable From Utility Earnings.

Section 5705.45 | Liability for Wrongful Payments From Public Funds - Enforcement.

Section 5705.46 | Payment of Current Payrolls.

Section 5705.47 | Existing Actions or Proceedings.

Section 5705.48 | Joint Budget Commission - Adjustment of Tax Rate.

Section 5705.49 | Subdivision's Power to Tax - Limitation.

Section 5705.50 | Subdivisions May Expend Local Funds for Real Property Inventory.

Section 5705.51 | Indirect Debt Limitation.

Section 5705.55 | Resolution Regarding Tax Levy in Excess of Limitation by Board of Lake Facilities Authority.

Section 5705.61 | Tax on Use, Lease or Occupancy of Public Real Property Not Used for Public Purpose.

Section 5705.62 | Payment of Tax.

Section 5705.63 | Distributing Tax Revenue.

Section 5705.71 | County Levy for Senior Citizens Services or Facilities.

Section 5705.72 | Levy of Tax in Excess of Limitation for Transportation Services.