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County adviser explains two Ohio Revised Code options for proposed jail sales tax
Summary
A county staff adviser told the Lorain County commissioners the board may pursue either criminal-justice authority or public-improvement authority under different Ohio Revised Code sections when proposing a 1/4% sales tax for jail projects; the choice affects allowable uses of revenue and ballot framing.
During the July 17 meeting, a county adviser identified two distinct statutory paths the Board can use to propose a 1/4% sales-and-use tax to fund jail and detention facility work. "One is under a section of Ohio revised code for criminal justice purposes. There are two different options under the Ohio revised code for sales and use tax," Prugh said, explaining that one code path focuses the tax on criminal-justice and administrative services while the other allows revenue for construction or repair of a public improvement.
Clerk Theresa L. Upton read the specific statutory citations the resolutions reference: ORC 5739.021 and 5741.021 for criminal-justice/administrative-services purposes, and ORC 5739.026 and 5741.023 for construction/equipping/repair of a correctional or detention facility. The board did not take a vote on which legal route to use during the July 17 session; follow-up hearings were scheduled to continue public review.
