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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 426
2025-2026
Senator Cutrona
To
amend section 5705.32 and to enact section 3375.94 of the Revised
Code
regarding
the closing of a public library branch and the forfeiture of public
library funds for doing so.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5705.32 be amended and section 3375.94 of the Revised Code be
enacted to read as follows:
Sec.
3375.94.
(A)
No board of library trustees that has territory in a county with a
population of not less than two hundred twenty thousand but not more
than two hundred thirty thousand shall shut down, decommission, or
make inactive a library under its control without consent from the
board of county commissioners.
(B)(1)
Any person may bring an action for declaratory judgment against any
board of library trustees that violates division (A) of this section,
as provided in Chapter 2721. of the Revised Code. The action shall be
filed in a court of common pleas in a county that includes the
territory of the library. The alleged noncompliant board of library
trustees shall be made the defendant in the action.
(2)
The court shall issue a declaratory judgment declaring the board of
library trustees to be noncompliant if the court determines that a
party to the action establishes, by a preponderance of the evidence,
that the board of library trustees shut down, decommissioned, or made
inactive a library under its control without consent from the board
of county commissioners.
(3)
A court that issues a declaratory judgment pursuant to division
(B)(2) of this section shall order the clerk of court to transmit a
certified copy of the court's judgment to each county auditor of each
county that includes the territory of the library.
Sec.
5705.32.
(A)
As used in this section:
(1)
"Unnecessary collections" mean collections from a tax
beyond the reasonably anticipated financial needs of the taxing
authority for the specific purposes of the tax after accounting for
current fund balances, projected expenditures, and other available
funding sources.
(2)
"Excessive collections" mean collections from a tax in an
amount or at a rate that exceeds what is required to provide services
at a level that is consistent with statutory obligations.
(B)
The county budget commission shall adjust the estimated amounts
required from the general property tax for each fund, as shown by the
tax budgets or other information required to be provided under
section 5705.281 of the Revised Code, so as to bring the tax levies
required therefor within the limitations specified in sections
5705.01 to 5705.47 of the Revised Code, for such levies. The
commission may revise and adjust the estimate of balances and
receipts from all sources for each fund and shall determine the total
appropriations that may be made therefrom.
If
a taxing unit declared its intent to forgo all or a portion of
collections under division (E) of section 5705.29 of the Revised
Code, the commission shall adjust the rate of each levy as required
to result in that reduction in collections.
(C)
Except as otherwise provided in section 5705.31 of the Revised Code,
the county budget commission may adjust the estimated amounts
required from the general property tax for each fund, as shown by the
tax budgets or other information required to be provided under
section 5705.281 of the Revised Code, so as to bring the tax levies
required therefor within levels the commission finds reasonable and
prudent to avoid unnecessary or excessive collections. Before
reducing the amount or rate of any tax pursuant to this division, the
commission shall provide the taxing authority of the levying taxing
unit and the levying taxing unit an opportunity to present, at a
public hearing, information either considers relevant to the
questions of if and to what extent the levy should be reduced.
If
the county budget commission adjusts amounts from any tax levied by a
taxing unit that is not a qualifying subdivision, the adjustment
shall be subject to both of the following:
(1)
No levy shall be reduced below the level that would cause it to
collect less than what the levy collected in the preceding year,
unless funds are available from reserve balance accounts,
nonexpendable trust funds, or carryover amounts to offset a reduction
below that level, and the budget commission shall consider reserve
balance accounts, nonexpendable trust funds, and carryover amounts
for that purpose;
(2)
No levy may be reduced under division (B) of this section to a level
that would cause a school district subject to division (A) of section
3317.01 of the Revised Code to levy less than twenty mills for
current operating expenses as required by that division.
(D)
(D)(1)
The commission shall fix the amount of the county public library fund
to be distributed to each board of public library trustees that has
qualified under section 5705.28 of the Revised Code for participation
in the proceeds of such fund.
The
Except
as provided in division (D)(2) of this section, the
amount
paid to all libraries in the county from such fund shall never be a
smaller per cent of the fund than the average of the percentages of
the county's classified taxes that were distributed to libraries in
1982, 1983, and 1984, as determined by the county auditor. The
commission shall base the amount for distribution on the needs of
such library for the construction of new library buildings, parts of
buildings, improvements, operation, maintenance, or other expenses.
In determining the needs of each library board of trustees, and in
calculating the amount to be distributed to any library board of
trustees on the basis of its needs, the commission shall make no
reduction in its allocation from the fund on account of additional
revenues realized by a library from increased taxes or service
charges voted by its electorate, from revenues received through
federal or state grants, projects, or programs, or from grants from
private sources.
(2)
If the county auditor has received a copy of a declaratory judgment
pursuant to division (B)(3) of section 3375.94 of the Revised Code,
the amount allocated to the library that is the subject of that
judgment pursuant to division (D)(1) of this section shall be zero.
(E)
Notwithstanding the fact that alternative methods of financing such
needs are available, after fixing the amount to be distributed to
libraries, the commission shall fix the amount, if any, of the county
public library fund to be distributed to each board of township park
commissioners, the county, and each municipal corporation in
accordance with the following:
(1)
Each municipal corporation in the county shall receive a per cent of
the remainder that equals the per cent that the county auditor
determines the classified property taxes originating in such
municipal corporation in 1984 were of the total of all of the
county's classified property taxes in 1984. The commission may deduct
from this amount any amount that the budget commission allows to the
board of township park commissioners of a township park district, the
boundaries of which are coextensive with or contained within the
boundaries of the municipal corporation.
(2)
The county shall receive a per cent of the remainder that equals the
per cent that the county auditor determines the classified property
taxes originating outside of the boundaries of municipal corporations
in the county in 1984 were of the total of all of the county's
classified property taxes in 1984. The commission may deduct from
this amount any amount that the budget commission allows to the board
of township park commissioners of a township park district, the
boundaries of which are not coextensive with or contained within
those of any municipal corporation in the county.
(F)
The commission shall separately set forth the amounts fixed and
determined under divisions
(D)
(D)(1)
and (E) of this section in the "official certificate of
estimated resources," as provided in section 5705.35 of the
Revised Code, and separately certify such amount to the county
auditor who shall be guided thereby in the distribution of the county
public library fund for and during the fiscal year. In determining
such amounts, the commission shall be guided by the estimate
certified by the tax commissioner and presented by the auditor under
section 5705.31 of the Revised Code, as to the total amount of
revenue to be received in the county public library fund during such
fiscal year.
(G)(1)
At least five days before the date of any meeting at which the budget
commission plans to discuss the distribution of the county public
library fund, it shall notify each legislative authority and board of
public library trustees, county commissioners, and township park
commissioners eligible to participate in the distribution of the fund
of the date, time, place, and agenda for the meeting. Any legislative
authority or board entitled to notice under this division may
designate an officer or employee of such legislative authority or
board to whom the commission shall deliver the notice.
(2)
Before the final determination of the amount to be allotted to each
subdivision from any source, the commission shall permit
representatives of each subdivision and of each board of public
library trustees to appear before it to explain its financial needs.
(H)
If any public library receives and expends any funds allocated to it
under this section for the construction of new library buildings or
parts of buildings, such library shall be free and open to the
inhabitants of the county in which it is located. Any board of
library trustees that receives funds under this section and section
5747.48 of the Revised Code shall have its financial records open for
public inspection at all reasonable times.
Section
2.
That
existing section 5705.32 of the Revised Code is hereby repealed.