As Reported by House Local Governments & Townships Committee 1
123rd General Assembly 4
Regular Session H. B. No. 185 5
1999-2000 6
REPRESENTATIVES MYERS-PETERSON-MOTTLEY-YOUNG-CATES-OPFER- 8
SCHULER-KREBS-EVANS-SCHULER-VERICH-KRUPINSKI-HARTNETT 9
_________________________________________________________________ 10
A B I L L
To amend sections 5747.53 and 5747.63 of the Revised 12
Code to require that alternative apportionment of 13
the undivided local government fund and undivided
local government revenue assistance fund by a 14
county budget commission be subject to approval 15
of the legislative authority of the city having
the greatest population residing in the county. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 5747.53 and 5747.63 of the 20
Revised Code be amended to read as follows: 21
Sec. 5747.53. (A) In lieu of the method of apportionment 30
of the undivided local government fund of the county provided by 31
section 5747.51 of the Revised Code, the county budget commission 32
may provide for the apportionment of such fund under an 33
alternative method or on a formula basis as authorized by this 34
section. Such alternative method of apportionment shall have 35
first been approved by all of the following governmental units: 36
the board of county commissioners; the legislative authority of 37
the city, located wholly or partially in the county, with the 38
greatest population RESIDING IN THE COUNTY; and a majority of the 39
boards of township trustees and legislative authorities of 41
municipal corporations, located wholly or partially in the 42
county, excluding the legislative authority of the city with the 43
greatest population RESIDING IN THE COUNTY. In granting or 45
denying such approval, the board of county commissioners, boards 46
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of township trustees, and legislative authorities of municipal 47
corporations shall act by motion. A motion to approve shall be 48
passed upon a majority vote of the members of a board of county 49
commissioners, board of township trustees, or legislative 50
authority of a municipal corporation, shall take effect 51
immediately, and need not be published. Any method of 52
apportionment adopted and approved under this section may be 53
revised, amended, or repealed in the same manner as it may be 54
adopted and approved. In the event a method of apportionment
adopted and approved under this section is repealed, the 55
undivided local government fund of the county shall be 56
apportioned among the subdivisions eligible to participate 57
therein, commencing in the ensuing calendar year, under the 58
apportionment provided in section 5747.52 of the Revised Code, 59
unless a new method for apportionment of such fund is provided in 60
the action of repeal. 61
(B) In determining the alternative method of apportionment 63
authorized by this section, the county budget commission may 64
include in such method any factor considered to be appropriate 65
and reliable, in the sole discretion of the county budget 66
commission. 67
(C) The limitations set forth in section 5747.51 of the 69
Revised Code, stating the maximum amount that the county may 70
receive from such fund and the minimum amount the townships in 71
counties having a population of less than one hundred thousand 72
may receive from such fund, are applicable to any alternative 73
apportionment authorized under this section. 74
(D) On the basis of any alternative apportionment adopted 76
and approved as authorized by this section, as certified by the 77
auditor to the county treasurer, the county treasurer shall make 78
distribution of the money in the undivided local government fund 79
to each subdivision eligible to participate in such fund, and the 80
auditor, when the amount of such shares is in the custody of the 81
treasurer in the amounts so computed to be due the respective 82
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subdivisions, shall at the same time certify to the tax 83
commissioner the percentage share of the county as a subdivision. 84
All money received into the treasury of a subdivision from the 85
undivided local government fund in a county treasury shall be 86
paid into the general fund and used for the current operating 87
expenses of the subdivision. If a municipal corporation 88
maintains a municipal university, such municipal university, when 89
the board of trustees so requests the legislative authority of 90
the municipal corporation, shall participate in the money 91
apportioned to such municipal corporation from the total local 92
government fund, however created and constituted, in such amount 93
as requested by the board of trustees, provided such sum does not 94
exceed nine per cent of the total amount paid to the municipal 95
corporation. 96
(E) The actions of the budget commission taken pursuant to 98
this section are final and may not be appealed to the board of 99
tax appeals, except on the issues of abuse of discretion and 100
failure to comply with the formula. 101
Sec. 5747.63. (A) In lieu of the method of apportionment 110
of the undivided local government revenue assistance fund of the 111
county provided by section 5747.62 of the Revised Code, the 112
county budget commission may provide for the apportionment of 113
such fund under an alternative method or on a formula basis as 114
authorized by this section. Such alternative method of 115
apportionment shall have first been approved by all of the 116
following governmental units: the board of county commissioners; 117
the legislative authority of the city, located wholly or 118
partially in the county, with the greatest population RESIDING IN 119
THE COUNTY; and a majority of the boards of township trustees and 121
legislative authorities of municipal corporations, located wholly 122
or partially in the county, excluding the legislative authority 123
of the city with the greatest population RESIDING IN THE COUNTY. 124
In granting or denying such approval, the board of county 126
commissioners, boards of township trustees, and legislative 127
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authorities of municipal corporations shall act by motion. A 128
motion to approve shall be passed upon a majority vote of the 129
members of a board of county commissioners, board of township 130
trustees, or legislative authority of a municipal corporation, 131
shall take effect immediately, and need not be published. Any 132
method of apportionment adopted and approved under this section 133
may be revised, amended, or repealed in the same manner as it may 134
be adopted and approved. In the event a method of apportionment 135
adopted and approved under this section is repealed, the 136
undivided local government revenue assistance fund of the county 137
shall be apportioned among the subdivisions eligible to 138
participate therein, commencing in the ensuing fiscal year, under 139
the apportionment provided in section 5747.62 of the Revised 140
Code, unless a new method for apportionment of such fund is 141
provided in the action of repeal. 142
(B) In determining the alternative method of apportionment 144
authorized by this section, the county budget commission may 145
include in such method any factor considered to be appropriate 146
and reliable, in the sole discretion of the county budget 147
commission, but the commission shall give special consideration 148
to the needs of villages incorporated after January 1, 1980. 149
(C) The limitations set forth in section 5747.62 of the 151
Revised Code, stating the maximum amount that the county may 152
receive from such fund and the minimum amount the townships in 153
counties having a population of less than one hundred thousand 154
may receive from such fund, are applicable to any alternative 155
apportionment authorized under this section. 156
(D) On the basis of any alternative apportionment adopted 158
and approved as authorized by this section, as certified by the 159
auditor to the county treasurer, the county treasurer shall make 160
distribution of the money in the undivided local government 161
revenue assistance fund to each subdivision eligible to 162
participate in such fund, and the auditor, when the amount of 163
such shares is in the custody of the treasurer in the amounts so 164
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computed to be due the respective subdivisions, shall at the same 165
time certify to the tax commissioner the percentage share of the 166
county as a subdivision. All money received by a subdivision 167
from the county undivided local government revenue assistance 168
fund shall be paid into the subdivision's general fund and used 169
for the current operating expenses. 170
(E) The actions of the budget commission taken pursuant to 172
this section are final and may not be appealed to the board of 173
tax appeals, except on the issues of abuse of discretion and 174
failure to comply with the formula. 175
Section 2. That existing sections 5747.53 and 5747.63 of 177
the Revised Code are hereby repealed. 178