As Passed by the House 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-VERICH-KRUPINSKI-HARTNETT-AUSTRIA-TIBERI- 9
METELSKY-BUCHY-NETZLEY-CORBIN-CORE-BRADING-HAINES-GRENDELL- 10
HOLLISTER-CAREY-HOUSEHOLDER-HEALY-OLMAN-HARRIS 11
_________________________________________________________________ 12
A B I L L
To amend sections 5747.53 and 5747.63 of the Revised 14
Code to require that alternative apportionment of 15
the undivided local government fund and undivided
local government revenue assistance fund by a 16
county budget commission be subject to approval 17
of the legislative authority of the city having
the greatest population residing in the county. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 5747.53 and 5747.63 of the 22
Revised Code be amended to read as follows: 23
Sec. 5747.53. (A) In lieu of the method of apportionment 32
of the undivided local government fund of the county provided by 33
section 5747.51 of the Revised Code, the county budget commission 34
may provide for the apportionment of such fund under an 35
alternative method or on a formula basis as authorized by this 36
section. Such alternative method of apportionment shall have 37
first been approved by all of the following governmental units: 38
the board of county commissioners; the legislative authority of 39
the city, located wholly or partially in the county, with the 40
greatest population RESIDING IN THE COUNTY; and a majority of the 41
boards of township trustees and legislative authorities of 43
municipal corporations, located wholly or partially in the 44
county, excluding the legislative authority of the city with the 45
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greatest population RESIDING IN THE COUNTY. In granting or 47
denying such approval, the board of county commissioners, boards 48
of township trustees, and legislative authorities of municipal 49
corporations shall act by motion. A motion to approve shall be 50
passed upon a majority vote of the members of a board of county 51
commissioners, board of township trustees, or legislative 52
authority of a municipal corporation, shall take effect 53
immediately, and need not be published. Any method of 54
apportionment adopted and approved under this section may be 55
revised, amended, or repealed in the same manner as it may be 56
adopted and approved. In the event a method of apportionment
adopted and approved under this section is repealed, the 57
undivided local government fund of the county shall be 58
apportioned among the subdivisions eligible to participate 59
therein, commencing in the ensuing calendar year, under the 60
apportionment provided in section 5747.52 of the Revised Code, 61
unless a new method for apportionment of such fund is provided in 62
the action of repeal. 63
(B) In determining the alternative method of apportionment 65
authorized by this section, the county budget commission may 66
include in such method any factor considered to be appropriate 67
and reliable, in the sole discretion of the county budget 68
commission. 69
(C) The limitations set forth in section 5747.51 of the 71
Revised Code, stating the maximum amount that the county may 72
receive from such fund and the minimum amount the townships in 73
counties having a population of less than one hundred thousand 74
may receive from such fund, are applicable to any alternative 75
apportionment authorized under this section. 76
(D) On the basis of any alternative apportionment adopted 78
and approved as authorized by this section, as certified by the 79
auditor to the county treasurer, the county treasurer shall make 80
distribution of the money in the undivided local government fund 81
to each subdivision eligible to participate in such fund, and the 82
3
auditor, when the amount of such shares is in the custody of the 83
treasurer in the amounts so computed to be due the respective 84
subdivisions, shall at the same time certify to the tax 85
commissioner the percentage share of the county as a subdivision. 86
All money received into the treasury of a subdivision from the 87
undivided local government fund in a county treasury shall be 88
paid into the general fund and used for the current operating 89
expenses of the subdivision. If a municipal corporation 90
maintains a municipal university, such municipal university, when 91
the board of trustees so requests the legislative authority of 92
the municipal corporation, shall participate in the money 93
apportioned to such municipal corporation from the total local 94
government fund, however created and constituted, in such amount 95
as requested by the board of trustees, provided such sum does not 96
exceed nine per cent of the total amount paid to the municipal 97
corporation. 98
(E) The actions of the budget commission taken pursuant to 100
this section are final and may not be appealed to the board of 101
tax appeals, except on the issues of abuse of discretion and 102
failure to comply with the formula. 103
Sec. 5747.63. (A) In lieu of the method of apportionment 112
of the undivided local government revenue assistance fund of the 113
county provided by section 5747.62 of the Revised Code, the 114
county budget commission may provide for the apportionment of 115
such fund under an alternative method or on a formula basis as 116
authorized by this section. Such alternative method of 117
apportionment shall have first been approved by all of the 118
following governmental units: the board of county commissioners; 119
the legislative authority of the city, located wholly or 120
partially in the county, with the greatest population RESIDING IN 121
THE COUNTY; and a majority of the boards of township trustees and 123
legislative authorities of municipal corporations, located wholly 124
or partially in the county, excluding the legislative authority 125
of the city with the greatest population RESIDING IN THE COUNTY. 126
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In granting or denying such approval, the board of county 128
commissioners, boards of township trustees, and legislative 129
authorities of municipal corporations shall act by motion. A 130
motion to approve shall be passed upon a majority vote of the 131
members of a board of county commissioners, board of township 132
trustees, or legislative authority of a municipal corporation, 133
shall take effect immediately, and need not be published. Any 134
method of apportionment adopted and approved under this section 135
may be revised, amended, or repealed in the same manner as it may 136
be adopted and approved. In the event a method of apportionment 137
adopted and approved under this section is repealed, the 138
undivided local government revenue assistance fund of the county 139
shall be apportioned among the subdivisions eligible to 140
participate therein, commencing in the ensuing fiscal year, under 141
the apportionment provided in section 5747.62 of the Revised 142
Code, unless a new method for apportionment of such fund is 143
provided in the action of repeal. 144
(B) In determining the alternative method of apportionment 146
authorized by this section, the county budget commission may 147
include in such method any factor considered to be appropriate 148
and reliable, in the sole discretion of the county budget 149
commission, but the commission shall give special consideration 150
to the needs of villages incorporated after January 1, 1980. 151
(C) The limitations set forth in section 5747.62 of the 153
Revised Code, stating the maximum amount that the county may 154
receive from such fund and the minimum amount the townships in 155
counties having a population of less than one hundred thousand 156
may receive from such fund, are applicable to any alternative 157
apportionment authorized under this section. 158
(D) On the basis of any alternative apportionment adopted 160
and approved as authorized by this section, as certified by the 161
auditor to the county treasurer, the county treasurer shall make 162
distribution of the money in the undivided local government 163
revenue assistance fund to each subdivision eligible to 164
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participate in such fund, and the auditor, when the amount of 165
such shares is in the custody of the treasurer in the amounts so 166
computed to be due the respective subdivisions, shall at the same 167
time certify to the tax commissioner the percentage share of the 168
county as a subdivision. All money received by a subdivision 169
from the county undivided local government revenue assistance 170
fund shall be paid into the subdivision's general fund and used 171
for the current operating expenses. 172
(E) The actions of the budget commission taken pursuant to 174
this section are final and may not be appealed to the board of 175
tax appeals, except on the issues of abuse of discretion and 176
failure to comply with the formula. 177
Section 2. That existing sections 5747.53 and 5747.63 of 179
the Revised Code are hereby repealed. 180