As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 477   5            

      1999-2000                                                    6            


                         REPRESENTATIVES                           8            

       MOTTLEY-THOMAS-HARTNETT-JOLIVETTE-PETERSON-ROBERTS-                      

  CORBIN-MEAD-TERWILLEGER-BARRETT-DePIERO-VAN VYVEN-ASLANIDES-     9            

          PATTON-SMITH-J. BEATTY-R. MILLER-BARNES-ALLEN            10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 718.01, 718.02, 718.05, 718.06,     13           

                and 733.85; to amend, for the purpose of adopting  15           

                new section numbers as indicated in parentheses,                

                sections 718.03 (718.16), 718.05 (718.041),        16           

                718.06 (718.12), 718.07 (718.13), and 718.08       17           

                (718.15); and to enact new sections 718.03,        18           

                718.05, 718.06, 718.07, and 718.08 and sections    19           

                718.11, 718.14, and 5703.49 of the Revised Code    20           

                to modify the authority of municipal corporations  21           

                to impose income taxes.                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 718.01, 718.02, 718.05, 718.06,    25           

and 733.85 be amended, sections 718.03 (718.16), 718.05            26           

(718.041), 718.06 (718.12), 718.07 (718.13), and 718.08 (718.15)   27           

be amended for the purpose of adopting new section numbers as      28           

indicated in parentheses, and new sections 718.03, 718.05,         29           

718.06, 718.07, and 718.08 and sections 718.11, 718.14, and        30           

5703.49 of the Revised Code be enacted to read as follows:         32           

      Sec. 718.01.  (A)  As used in this chapter:                  41           

      (1)  "Internal Revenue Code" means the Internal Revenue      43           

Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.             45           

      (2)  "Schedule C" means internal revenue service schedule C  47           

filed by a taxpayer pursuant to the Internal Revenue Code.         49           

                                                          2      


                                                                 
      (3)  "Form 2106" means internal revenue service form 2106    51           

filed by a taxpayer pursuant to the Internal Revenue Code.         52           

      (4)  "Intangible income" means income of any of the          54           

following types:  income yield, interest, dividends, or other      55           

income arising from the ownership, sale, exchange, or other        56           

disposition of intangible property including, but not limited to,  57           

investments, deposits, money, or credits as those terms are                     

defined in Chapter 5701. of the Revised Code.                      58           

      (B)  No municipal corporation with respect to that income    60           

that it may tax shall tax such income at other than a uniform      62           

rate.                                                                           

      (C)  No municipal corporation shall levy a tax on income at  64           

a rate in excess of one per cent without having obtained the       65           

approval of the excess by a majority of the electors of the        66           

municipality voting on the question at a general, primary, or      67           

special election.  The legislative authority of the municipal      68           

corporation shall file with the board of elections at least                     

seventy-five days before the day of the election a copy of the     69           

ordinance together with a resolution specifying the date the       70           

election is to be held and directing the board of elections to     71           

conduct the election.  The ballot shall be in the following form:  72           

"Shall the Ordinance providing for a ... per cent levy on income   73           

for (Brief description of the purpose of the proposed levy) be                  

passed?                                                            74           

      FOR THE INCOME TAX                                           76           

      AGAINST THE INCOME TAX"                                      78           

      In the event of an affirmative vote, the proceeds of the     80           

levy may be used only for the specified purpose.                   81           

      (D)(1)  Except as otherwise provided in division (D)(2) of   83           

this section, no municipal corporation shall exempt from a tax on  84           

income, compensation for personal services of individuals over     85           

eighteen years of age or the net profit from a business or         86           

profession.                                                                     

      (2)  The legislative authority of a municipal corporation    88           

                                                          3      


                                                                 
may, by ordinance or resolution, exempt from a tax on income any   89           

compensation arising from the grant, sale, exchange, or other      90           

disposition of a stock option; the exercise of a stock option; or  91           

the sale, exchange, or other disposition of stock purchased under  92           

a stock option.                                                                 

      (E)  Nothing in this section shall prevent a municipal       94           

corporation from permitting lawful deductions as prescribed by     95           

ordinance.  If a taxpayer's taxable income includes income         96           

against which the taxpayer has taken a deduction for federal       97           

income tax purposes as reportable on the taxpayer's form 2106,     98           

and against which a like deduction has not been allowed by the                  

municipal corporation, the municipal corporation shall deduct      99           

from the taxpayer's taxable income an amount equal to the          100          

deduction shown on such form allowable against such income, to     101          

the extent not otherwise so allowed as a deduction by the          102          

municipal corporation.  In the case of a taxpayer who has a net                 

profit from a business or profession that is operated as a sole    103          

proprietorship, no municipal corporation may tax or use as the     104          

base for determining the amount of the net profit that shall be    105          

considered as having a taxable situs in the municipal              106          

corporation, a greater amount than the net profit reported by the               

taxpayer on schedule C filed in reference to the year in question  107          

as taxable income from such sole proprietorship, except as         108          

otherwise specifically provided by ordinance or regulation.        109          

      (F)  No municipal corporation shall tax any of the           111          

following:                                                                      

      (1)  The military pay or allowances of members of the armed  113          

forces of the United States and of members of their reserve        114          

components, including the Ohio national guard;                     115          

      (2)  The income of religious, fraternal, charitable,         117          

scientific, literary, or educational institutions to the extent    118          

that such income is derived from tax-exempt real estate,           119          

tax-exempt tangible or intangible property, or tax-exempt          120          

activities;                                                                     

                                                          4      


                                                                 
      (3)  Except as otherwise provided in division (G) of this    122          

section, intangible income;                                        123          

      (4)  Compensation paid under section 3501.28 or 3501.36 of   125          

the Revised Code to a person serving as a precinct election        126          

official, to the extent that such compensation does not exceed     127          

one thousand dollars annually.  Such compensation in excess of     128          

one thousand dollars may be subjected to taxation by a municipal                

corporation.  A municipal corporation shall not require the payer  129          

of such compensation to withhold any tax from that compensation.   130          

      (5)  Compensation paid to an employee of a transit           132          

authority, regional transit authority, or regional transit         133          

commission created under Chapter 306. of the Revised Code for      134          

operating a transit bus or other motor vehicle for the authority   135          

or commission in or through the municipal corporation, unless the               

bus or vehicle is operated on a regularly scheduled route, the     136          

operator is subject to such a tax by reason of residence or        137          

domicile in the municipal corporation, or the headquarters of the  138          

authority or commission is located within the municipal            139          

corporation.;                                                                   

      (6)  The income of a public utility when that public         141          

utility is subject to the tax levied under section 5727.24 or      142          

5727.30 of the Revised Code, except starting January 1, 2002, the  143          

income of an electric company or combined company, as defined in   144          

section 5727.01 of the Revised Code, may be taxed by a municipal   146          

corporation.  For a combined company, only the income attributed   147          

from the activity of an electric company shall be subject to                    

taxation by a municipal corporation.  The income of an electric    148          

company or combined company subject to taxation by a municipal     149          

corporation shall be computed by taking into account the           150          

adjustments provided by division (I)(16) of section 5733.04 of     151          

the Revised Code.                                                  152          

      (7)  ON AND AFTER JANUARY 1, 2003, ITEMS EXCLUDED FROM       154          

FEDERAL GROSS INCOME PURSUANT TO SECTION 107 OF THE INTERNAL       156          

REVENUE CODE;                                                                   

                                                          5      


                                                                 
      (8)  ON AND AFTER JANUARY 1, 2001, COMPENSATION PAID TO AN   158          

INDIVIDUAL FOR PERSONAL SERVICES PERFORMED WITHIN THE MUNICIPAL    160          

CORPORATION, IF THE INDIVIDUAL DOES NOT RESIDE IN THE MUNICIPAL    161          

CORPORATION, PERFORMS SUCH PERSONAL SERVICES IN THE MUNICIPAL      162          

CORPORATION ON TWELVE OR FEWER DAYS IN THE CALENDAR YEAR, AND, IF  163          

THE INDIVIDUAL IS AN EMPLOYEE, THE PRINCIPAL PLACE OF BUSINESS OF  165          

THE INDIVIDUAL'S EMPLOYER IS LOCATED OUTSIDE THE MUNICIPAL                      

CORPORATION.  DIVISION (F)(8) OF THIS SECTION DOES NOT APPLY TO    166          

PROFESSIONAL ENTERTAINERS OR PROFESSIONAL ATHLETES OR TO           168          

PROMOTERS OF PROFESSIONAL ENTERTAINMENT OR SPORTS EVENTS AND       169          

THEIR EMPLOYEES, AS REASONABLY DEFINED BY THE MUNICIPAL            170          

CORPORATION.                                                       171          

      (G)  Any municipal corporation that taxes any type of        173          

intangible income on March 29, 1988, pursuant to Section 3 of      174          

Amended Substitute Senate Bill No. 238 of the 116th general        175          

assembly, may continue to tax that type of income after 1988 if a  176          

majority of the electors of the municipal corporation voting on    177          

the question of whether to permit the taxation of that type of                  

intangible income after 1988 vote in favor thereof at an election  178          

held on November 8, 1988.                                          179          

      (H)  Nothing in this section or section 718.02 of the        181          

Revised Code shall authorize the levy of any tax on income that a  182          

municipal corporation is not authorized to levy under existing     184          

laws or shall require a municipal corporation to allow a           185          

deduction from taxable income for losses incurred from a sole      186          

proprietorship or partnership.                                                  

      Sec. 718.02.  (A)  In the taxation of income which THAT is   195          

subject to municipal income taxes, if the books and records of a   196          

taxpayer conducting a business or profession both within and       197          

without the boundaries of a municipal corporation shall disclose   198          

with reasonable accuracy what portion of its net profit is         199          

attributable to that part of the business or profession conducted  200          

within the boundaries of the municipal corporation, then only      201          

such portion shall be considered as having a taxable situs in      202          

                                                          6      


                                                                 
such municipal corporation for purposes of municipal income        203          

taxation.  In the absence of such records, net profit from a       204          

business or profession conducted both within and without the       205          

boundaries of a municipal corporation shall be considered as       206          

having a taxable situs in such municipal corporation for purposes  207          

of municipal income taxation in the same proportion as the         208          

average ratio of:                                                  209          

      (1)  The average net book value of the real and tangible     211          

personal property owned or used by the taxpayer in the business    212          

or profession in such municipal corporation during the taxable     213          

period to the average net book value of all of the real and        214          

tangible personal property owned or used by the taxpayer in the    215          

business or profession during the same period, wherever situated.  216          

      As used in the preceding paragraph, real property shall      218          

include property rented or leased by the taxpayer and the value    219          

of such property shall be determined by multiplying the annual     220          

rental thereon by eight;                                           221          

      (2)  Wages, salaries, and other compensation paid during     223          

the taxable period to persons employed in the business or          224          

profession for services performed in such municipal corporation    225          

to wages, salaries, and other compensation paid during the same    226          

period to persons employed in the business or profession,          227          

wherever their services are performed, EXCLUDING COMPENSATION      228          

DESCRIBED IN DIVISION (F)(8) OF SECTION 718.01 OF THE REVISED      229          

CODE;                                                                           

      (3)  Gross receipts of the business or profession from       231          

sales made and services performed during the taxable period in     232          

such municipal corporation to gross receipts of the business or    233          

profession during the same period from sales and services,         234          

wherever made or performed.                                        235          

      In the event that IF the foregoing allocation formula does   237          

not produce an equitable result, another basis may, under uniform  238          

regulations be substituted, UNDER UNIFORM REGULATIONS, so as to    240          

produce such AN EQUITABLE result.                                  241          

                                                          7      


                                                                 
      (B)  As used in division (A) of this section, "sales made    243          

in a municipal corporation" mean:                                  244          

      (1)  All sales of tangible personal property which is        246          

delivered within such municipal corporation regardless of where    247          

title passes if shipped or delivered from a stock of goods within  248          

such municipal corporation;                                        249          

      (2)  All sales of tangible personal property which is        251          

delivered within such municipal corporation regardless of where    252          

title passes even though transported from a point outside such     253          

municipal corporation if the taxpayer is regularly engaged         254          

through its own employees in the solicitation or promotion of      255          

sales within such municipal corporation and the sales result from  256          

such solicitation or promotion;                                    257          

      (3)  All sales of tangible personal property which is        259          

shipped from a place within such municipal corporation to          260          

purchasers outside such municipal corporation regardless of where  261          

title passes if the taxpayer is not, through its own employees,    262          

regularly engaged in the solicitation or promotion of sales at     263          

the place where delivery is made.                                  264          

      Sec. 718.03.  AS USED IN THIS SECTION, "OTHER PAYER" MEANS   266          

ANY PERSON THAT PAYS AN INDIVIDUAL ANY ITEM INCLUDED IN THE        269          

TAXABLE INCOME OF THE INDIVIDUAL, OTHER THAN THE INDIVIDUAL'S      270          

EMPLOYER OR THAT EMPLOYER'S AGENT.                                 271          

      (A)  BEGINNING JANUARY 1, 2001, A MUNICIPAL CORPORATION      274          

SHALL NOT REQUIRE ANY NONRESIDENT EMPLOYER, AGENT OF SUCH AN       276          

EMPLOYER, OR OTHER PAYER THAT IS NOT SITUATED IN THE MUNICIPAL     277          

CORPORATION TO DEDUCT AND WITHHOLD TAXES FROM THE TAXABLE INCOME   278          

OF AN INDIVIDUAL UNLESS THE TOTAL AMOUNT OF TAX REQUIRED TO BE     279          

DEDUCTED AND WITHHELD FOR THE MUNICIPAL CORPORATION ON ACCOUNT OF  280          

ALL OF THE EMPLOYER'S EMPLOYEES OR ALL OF THE OTHER PAYER'S        282          

PAYEES EXCEEDS ONE HUNDRED FIFTY DOLLARS FOR A CALENDAR YEAR       283          

BEGINNING ON OR AFTER THAT DATE.                                   284          

        IF THE TOTAL AMOUNT OF TAX REQUIRED TO BE DEDUCTED AND     286          

WITHHELD ON ACCOUNT OF ALL OF THE NONRESIDENT EMPLOYER'S           287          

                                                          8      


                                                                 
EMPLOYEES OR ALL OF THE OTHER PAYER'S PAYEES EXCEEDS ONE HUNDRED   289          

FIFTY DOLLARS FOR A CALENDAR YEAR BEGINNING ON OR AFTER JANUARY    291          

1, 2001, THE MUNICIPAL CORPORATION MAY REQUIRE THE EMPLOYER,       293          

AGENT, OR OTHER PAYER TO DEDUCT AND WITHHOLD TAXES IN EACH         294          

ENSUING YEAR EVEN IF THE AMOUNT REQUIRED TO BE DEDUCTED AND        295          

WITHHELD IN EACH OF THOSE ENSUING YEARS IS ONE HUNDRED FIFTY                    

DOLLARS OR LESS, EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OF   297          

THIS SECTION.                                                                   

      (B)  IF A NONRESIDENT EMPLOYER, AGENT OF SUCH AN EMPLOYER,   299          

OR OTHER PAYER THAT IS NOT SITUATED IN THE MUNICIPAL CORPORATION   301          

IS REQUIRED TO DEDUCT AND WITHHOLD TAXES FOR AN ENSUING YEAR       302          

UNDER DIVISION (A) OF THIS SECTION, AND THE TOTAL AMOUNT OF TAX    303          

REQUIRED TO BE DEDUCTED AND WITHHELD UNDER THAT DIVISION IN EACH   304          

OF THREE CONSECUTIVE ENSUING YEARS IS ONE HUNDRED FIFTY DOLLARS    305          

OR LESS, THE MUNICIPAL CORPORATION SHALL NOT REQUIRE THE           306          

EMPLOYER, AGENT, OR OTHER PAYER TO DEDUCT AND WITHHOLD TAXES IN    307          

ANY YEAR FOLLOWING THE LAST OF THOSE CONSECUTIVE YEARS UNLESS THE  308          

AMOUNT REQUIRED TO BE DEDUCTED AND WITHHELD IN ANY SUCH FOLLOWING  309          

YEAR EXCEEDS ONE HUNDRED FIFTY DOLLARS.                            310          

      Sec. 718.05 718.041.  As of November 19, 1965, the           319          

jurisdiction of the courts of Ohio to hear and determine actions   321          

for the recovery of taxes on income which THAT is exempt under     323          

section 718.04 of the Revised Code shall terminate.                             

      Sec. 718.05.  (A)  AS USED IN THIS SECTION:                  325          

      (1)  "GENERIC FORM" MEANS AN ELECTRONIC OR PAPER FORM        327          

DESIGNED FOR REPORTING ESTIMATED MUNICIPAL INCOME TAXES AND        328          

ANNUAL MUNICIPAL INCOME TAX LIABILITY THAT IS NOT PRESCRIBED BY A  330          

PARTICULAR MUNICIPAL CORPORATION FOR THE REPORTING OF THAT         331          

MUNICIPAL CORPORATION'S TAX ON INCOME.                                          

      (2)  "RETURN PREPARER" MEANS ANY PERSON OTHER THAN A         333          

TAXPAYER THAT IS AUTHORIZED BY A TAXPAYER TO COMPLETE OR FILE AN   334          

INCOME TAX RETURN, REPORT, OR OTHER DOCUMENT FOR OR ON BEHALF OF   335          

THE TAXPAYER.                                                      336          

      (B)  A MUNICIPAL CORPORATION SHALL NOT REQUIRE A TAXPAYER    338          

                                                          9      


                                                                 
TO FILE AN ANNUAL INCOME TAX RETURN OR REPORT PRIOR TO THE FILING  340          

DATE FOR THE CORRESPONDING TAX REPORTING PERIOD AS PRESCRIBED FOR  341          

SUCH A TAXPAYER UNDER THE INTERNAL REVENUE CODE.                   342          

      (C)  ON AND AFTER JANUARY 1, 2001, ANY MUNICIPAL             344          

CORPORATION THAT REQUIRES TAXPAYERS TO FILE INCOME TAX RETURNS,    346          

REPORTS, OR OTHER DOCUMENTS SHALL ACCEPT FOR FILING A GENERIC      347          

FORM OF SUCH A RETURN, REPORT, OR DOCUMENT IF THE GENERIC FORM,    348          

ONCE COMPLETED AND FILED, CONTAINS ALL OF THE INFORMATION          349          

REQUIRED TO BE SUBMITTED WITH THE MUNICIPAL CORPORATION'S          350          

PRESCRIBED RETURNS, REPORTS, OR DOCUMENTS, AND IF THE TAXPAYER OR  351          

RETURN PREPARER FILING THE GENERIC FORM OTHERWISE COMPLIES WITH    352          

RULES OR ORDINANCES OF THE MUNICIPAL CORPORATION GOVERNING THE     353          

FILING OF RETURNS, REPORTS, OR DOCUMENTS.                          354          

      (D)  BEGINNING JANUARY 1, 2001, ANY TAXPAYER THAT HAS        356          

REQUESTED AN EXTENSION FOR FILING A FEDERAL INCOME TAX RETURN MAY  358          

REQUEST AN EXTENSION FOR THE FILING OF A MUNICIPAL INCOME TAX      359          

RETURN.  THE TAXPAYER SHALL MAKE THE REQUEST BY FILING A COPY OF   360          

THE TAXPAYER'S REQUEST FOR A FEDERAL FILING EXTENSION WITH THE     361          

INDIVIDUAL OR OFFICE CHARGED WITH THE ADMINISTRATION OF THE        362          

MUNICIPAL INCOME TAX.  THE REQUEST FOR EXTENSION SHALL BE FILED    363          

NOT LATER THAN THE LAST DAY FOR FILING THE MUNICIPAL INCOME TAX    364          

RETURN AS PRESCRIBED BY ORDINANCE OR RULE OF THE MUNICIPAL         365          

CORPORATION.  A MUNICIPAL CORPORATION SHALL GRANT SUCH A REQUEST   366          

FOR EXTENSION FOR A PERIOD NOT LESS THAN THE PERIOD OF THE         367          

FEDERAL EXTENSION REQUEST.  A MUNICIPAL CORPORATION MAY DENY A     368          

TAXPAYER'S REQUEST FOR EXTENSION ONLY IF THE TAXPAYER FAILS TO     369          

TIMELY FILE THE REQUEST, FAILS TO FILE A COPY OF THE REQUEST FOR   370          

THE FEDERAL EXTENSION, OWES THE MUNICIPAL CORPORATION ANY          371          

DELINQUENT INCOME TAX OR ANY PENALTY, INTEREST, ASSESSMENT, OR     372          

OTHER CHARGE FOR THE LATE PAYMENT OR NONPAYMENT OF INCOME TAX, OR  373          

HAS FAILED TO FILE ANY REQUIRED INCOME TAX RETURN, REPORT, OR      374          

OTHER RELATED DOCUMENT FOR A PRIOR TAX PERIOD.  THE GRANTING OF    375          

AN EXTENSION FOR FILING A MUNICIPAL CORPORATION INCOME TAX RETURN  377          

DOES NOT EXTEND THE LAST DATE FOR PAYING THE TAX WITHOUT PENALTY   378          

                                                          10     


                                                                 
UNLESS THE MUNICIPAL CORPORATION GRANTS AN EXTENSION OF THAT       379          

DATE.                                                                           

      Sec. 718.06.  ON AND AFTER JANUARY 1, 2003, ANY MUNICIPAL    381          

CORPORATION THAT IMPOSES A TAX ON THE INCOME OR NET PROFITS OF     382          

CORPORATIONS SHALL ACCEPT FOR FILING A CONSOLIDATED INCOME TAX     383          

RETURN FROM ANY AFFILIATED GROUP OF CORPORATIONS SUBJECT TO THE    384          

MUNICIPAL CORPORATION'S TAX IF THAT AFFILIATED GROUP FILED FOR     385          

THE SAME TAX REPORTING PERIOD A CONSOLIDATED RETURN FOR FEDERAL    386          

INCOME TAX PURPOSES PURSUANT TO SECTION 1501 OF THE INTERNAL       388          

REVENUE CODE.                                                      389          

      Sec. 718.07.  AS USED IN THIS SECTION, "INTERNET" MEANS THE  392          

INTERNATIONAL COMPUTER NETWORK OF BOTH FEDERAL AND NONFEDERAL      393          

INTEROPERABLE PACKET SWITCHED DATA NETWORKS, INCLUDING THE         394          

GRAPHICAL SUBNETWORK KNOWN AS THE WORLD WIDE WEB.                               

      ON AND AFTER JANUARY 1, 2002, EACH MUNICIPAL CORPORATION     396          

THAT IMPOSES A TAX ON INCOME SHALL MAKE ELECTRONIC VERSIONS OF     397          

ANY RULES OR ORDINANCES GOVERNING THE TAX AVAILABLE TO THE PUBLIC  398          

THROUGH THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ORDINANCES    399          

OR RULES GOVERNING THE RATE OF TAX; PAYMENT AND WITHHOLDING OF     400          

TAXES; FILING ANY PRESCRIBED RETURNS, REPORTS, OR OTHER            401          

DOCUMENTS; DATES FOR FILING OR PAYING TAXES, INCLUDING ESTIMATED   402          

TAXES; PENALTIES, INTEREST, ASSESSMENT, AND OTHER COLLECTION       403          

REMEDIES; RIGHTS OF TAXPAYERS TO APPEAL; AND PROCEDURES FOR        404          

FILING APPEALS.  ON AND AFTER THAT DATE, ANY MUNICIPAL             405          

CORPORATION THAT REQUIRES TAXPAYERS TO FILE INCOME TAX RETURNS,    407          

REPORTS, OR OTHER DOCUMENTS SHALL MAKE BLANKS OF SUCH RETURNS,     408          

REPORTS, OR DOCUMENTS, AND ANY INSTRUCTIONS PERTAINING THERETO,    409          

AVAILABLE TO THE PUBLIC ELECTRONICALLY THROUGH THE INTERNET.       410          

ELECTRONIC VERSIONS OF RULES, ORDINANCES, BLANKS, AND              411          

INSTRUCTIONS SHALL BE MADE AVAILABLE EITHER BY POSTING THEM ON     412          

THE ELECTRONIC SITE ESTABLISHED BY THE TAX COMMISSIONER UNDER      413          

SECTION 5703.49 OF THE REVISED CODE OR BY POSTING THEM ON AN       414          

ELECTRONIC SITE ESTABLISHED BY THE MUNICIPAL CORPORATION THAT IS   415          

ACCESSIBLE THROUGH THE INTERNET.  IF A MUNICIPAL CORPORATION       416          

                                                          11     


                                                                 
ESTABLISHES SUCH AN ELECTRONIC SITE, THE MUNICIPAL CORPORATION     417          

SHALL INCORPORATE AN ELECTRONIC LINK BETWEEN THAT SITE AND THE     419          

SITE ESTABLISHED PURSUANT TO SECTION 5703.49 OF THE REVISED CODE,  420          

AND SHALL PROVIDE TO THE TAX COMMISSIONER THE UNIFORM RESOURCE     421          

LOCATOR OF THE SITE ESTABLISHED PURSUANT TO THIS DIVISION.         422          

      Sec. 718.08.  (A)  AS USED IN THIS SECTION:                  424          

      (1)  "ESTIMATED TAX LIABILITY" MEANS THE AMOUNT THAT A       427          

TAXPAYER ESTIMATES TO BE THE TAXPAYER'S LIABILITY FOR A MUNICIPAL  428          

CORPORATION'S INCOME TAX FOR A YEAR PRIOR TO APPLYING ANY          429          

CREDITS, ESTIMATED TAX PAYMENTS, OR WITHHELD TAXES FOR THE YEAR.   430          

      (2)  "FISCAL YEAR TAXPAYER" MEANS A TAXPAYER THAT REPORTS    432          

MUNICIPAL INCOME TAX ON THE BASIS OF A TWELVE-MONTH PERIOD THAT    433          

DOES NOT COINCIDE WITH THE CALENDAR YEAR.                          434          

      (B)  BEGINNING JANUARY 1, 2003, A MUNICIPAL CORPORATION      436          

THAT REQUIRES TAXPAYERS WHO ARE INDIVIDUALS TO REMIT PAYMENT OF    437          

ESTIMATED TAXES MAY REQUIRE SUCH TAXPAYERS TO REMIT SUCH PAYMENTS  439          

ONLY AS PRESCRIBED BY DIVISIONS (B)(1) TO (4) OF THIS SECTION,     440          

SUBJECT TO DIVISIONS (C) AND (E)(1) AND (2) OF THIS SECTION:       441          

      (1)  NOT MORE THAN TWENTY-TWO AND ONE-HALF PER CENT OF THE   443          

TAXPAYER'S ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE   444          

REQUIRED TO HAVE BEEN REMITTED ON OR BEFORE THE THIRTIETH DAY OF   445          

APRIL OR THE DAY ON WHICH THE ANNUAL TAX RETURN FOR THE PRIOR      447          

YEAR IS REQUIRED TO BE FILED DISREGARDING ANY EXTENSION, AS        448          

PRESCRIBED BY ORDINANCE OR RULE OF THE MUNICIPAL CORPORATION;      449          

      (2)  NOT MORE THAN FORTY-FIVE PER CENT OF THE TAXPAYER'S     451          

ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE REQUIRED TO  452          

HAVE BEEN REMITTED ON OR BEFORE THE THIRTY-FIRST DAY OF JULY;      453          

      (3)  NOT MORE THAN SIXTY-SEVEN AND ONE-HALF PER CENT OF THE  455          

TAXPAYER'S ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE   456          

REQUIRED TO HAVE BEEN REMITTED ON OR BEFORE THE THIRTY-FIRST DAY   457          

OF OCTOBER;                                                                     

      (4)  NOT MORE THAN NINETY PER CENT OF THE TAXPAYER'S         459          

ESTIMATED TAX LIABILITY FOR THE PREVIOUS YEAR SHALL BE REQUIRED    460          

TO HAVE BEEN REMITTED ON OR BEFORE THE THIRTY-FIRST DAY OF         461          

                                                          12     


                                                                 
JANUARY.                                                                        

      (C)  ANY AMOUNT DEDUCTED AND WITHHELD FOR TAXES FROM THE     463          

COMPENSATION OF AN INDIVIDUAL SHALL BE CONSIDERED AS ESTIMATED     464          

TAXES PAID IN EQUAL AMOUNTS ON EACH OF THE PAYMENT DATES           465          

PRESCRIBED BY DIVISION (B) OF THIS SECTION.                        466          

      (D)  BEGINNING JANUARY 1, 2003, A MUNICIPAL CORPORATION      468          

REQUIRING TAXPAYERS THAT ARE NOT INDIVIDUALS TO REMIT PAYMENTS OF  470          

ESTIMATED TAXES MAY REQUIRE SUCH TAXPAYERS TO REMIT SUCH PAYMENTS  471          

ONLY AS PRESCRIBED BY DIVISIONS (D)(1) TO (4) OF THIS SECTION,     472          

SUBJECT TO DIVISION (E)(2) OF THIS SECTION:                        473          

      (1)  NOT MORE THAN TWENTY-TWO AND ONE-HALF PER CENT OF THE   475          

TAXPAYER'S ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE   476          

REQUIRED TO HAVE BEEN REMITTED ON OR BEFORE THE DAY ON WHICH THE   477          

ANNUAL TAX RETURN FOR THE PRIOR YEAR IS REQUIRED TO BE FILED       478          

DISREGARDING ANY EXTENSION OR, IN THE CASE OF A FISCAL YEAR        479          

TAXPAYER, THE FIFTEENTH DAY OF THE FOURTH MONTH OF THE TAXPAYER'S  480          

TAXABLE YEAR;                                                                   

      (2)  NOT MORE THAN FORTY-FIVE PER CENT OF THE TAXPAYER'S     482          

ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE REQUIRED TO  483          

HAVE BEEN REMITTED ON OR BEFORE THE FIFTEENTH DAY OF JUNE OR, IN   484          

THE CASE OF A FISCAL YEAR TAXPAYER, THE FIFTEENTH DAY OF THE       485          

SIXTH MONTH OF THE TAXPAYER'S TAXABLE YEAR;                        486          

      (3)  NOT MORE THAN SIXTY-SEVEN AND ONE-HALF PER CENT OF THE  488          

TAXPAYER'S ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE   489          

REQUIRED TO HAVE BEEN REMITTED ON OR BEFORE THE FIFTEENTH DAY OF   490          

SEPTEMBER OR, IN THE CASE OF A FISCAL YEAR TAXPAYER, THE           491          

FIFTEENTH DAY OF THE NINTH MONTH OF THE TAXPAYER'S TAXABLE YEAR;   492          

      (4)  NOT MORE THAN NINETY PER CENT OF THE TAXPAYER'S         494          

ESTIMATED TAX LIABILITY FOR THE CURRENT YEAR SHALL BE REQUIRED TO  495          

HAVE BEEN REMITTED ON OR BEFORE THE FIFTEENTH DAY OF DECEMBER OR,  496          

IN THE CASE OF A FISCAL YEAR TAXPAYER, THE FIFTEENTH DAY OF THE    497          

TWELFTH MONTH OF THE TAXPAYER'S TAXABLE YEAR.                      498          

      (E)  A MUNICIPAL CORPORATION SHALL NOT IMPOSE ANY PENALTY,   500          

INTEREST, INTEREST PENALTY, OR OTHER SIMILAR ASSESSMENT OR CHARGE  501          

                                                          13     


                                                                 
AGAINST A TAXPAYER FOR THE LATE PAYMENT OR NONPAYMENT OF           502          

ESTIMATED TAX LIABILITY IN EITHER OF THE FOLLOWING CIRCUMSTANCES:  503          

      (1)  THE TAXPAYER IS AN INDIVIDUAL WHO RESIDES IN THE        505          

MUNICIPAL CORPORATION BUT WAS NOT DOMICILED THERE ON THE FIRST     507          

DAY OF JANUARY OF THE CURRENT CALENDAR YEAR;                       508          

      (2)  THE TAXPAYER HAS REMITTED, PURSUANT TO DIVISION (B) OR  510          

(D) OF THIS SECTION, AN AMOUNT AT LEAST EQUAL TO ONE HUNDRED PER   512          

CENT OF THE TAXPAYER'S TAX LIABILITY FOR THE PRECEDING YEAR AS     513          

SHOWN ON THE RETURN FILED BY THE TAXPAYER FOR THE PRECEDING YEAR,  514          

PROVIDED THAT THE RETURN FOR THE PRECEDING YEAR REFLECTED A        515          

TWELVE-MONTH PERIOD AND THE TAXPAYER FILED A RETURN FOR THE        516          

PRECEDING YEAR.                                                                 

      Sec. 718.11.  AS USED IN THIS SECTION, "TAX ADMINISTRATOR"   518          

MEANS THE INDIVIDUAL CHARGED WITH DIRECT RESPONSIBILITY FOR        519          

ADMINISTRATION OF A TAX LEVIED BY A MUNICIPAL CORPORATION ON       520          

INCOME.                                                                         

      NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE   522          

DATE OF THIS SECTION, THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL  523          

CORPORATION THAT IMPOSES A TAX ON INCOME ON THAT EFFECTIVE DATE    524          

SHALL ESTABLISH BY ORDINANCE A BOARD TO HEAR APPEALS AS PROVIDED   525          

IN THIS SECTION.  THE LEGISLATIVE AUTHORITY OF ANY MUNICIPAL       526          

CORPORATION THAT DOES NOT IMPOSE A TAX ON INCOME ON THE EFFECTIVE  527          

DATE OF THIS SECTION BUT THAT IMPOSES SUCH A TAX AFTER THAT DATE   528          

SHALL ESTABLISH SUCH A BOARD BY ORDINANCE NOT LATER THAN ONE       529          

HUNDRED EIGHTY DAYS AFTER THE TAX TAKES EFFECT.                    530          

      WHENEVER A TAX ADMINISTRATOR ISSUES A DECISION REGARDING A   532          

MUNICIPAL INCOME TAX OBLIGATION THAT IS SUBJECT TO APPEAL AS       533          

PROVIDED IN THIS SECTION OR IN AN ORDINANCE OR REGULATION OF THE   534          

MUNICIPAL CORPORATION, THE TAX ADMINISTRATOR SHALL NOTIFY THE      535          

TAXPAYER AT THE SAME TIME OF THE TAXPAYER'S RIGHT TO APPEAL THE    536          

DECISION AND OF THE MANNER IN WHICH THE TAXPAYER MAY APPEAL THE    537          

DECISION.                                                                       

      ANY PERSON WHO IS AGGRIEVED BY A DECISION BY THE TAX         539          

ADMINISTRATOR AND WHO HAS FILED WITH THE MUNICIPAL CORPORATION     540          

                                                          14     


                                                                 
THE REQUIRED RETURNS OR OTHER DOCUMENTS PERTAINING TO THE          541          

MUNICIPAL INCOME TAX OBLIGATION AT ISSUE IN THE DECISION MAY       542          

APPEAL THE DECISION TO THE BOARD CREATED PURSUANT TO THIS SECTION  543          

BY FILING A REQUEST WITH THE BOARD.  THE REQUEST SHALL BE IN       544          

WRITING, SHALL STATE WHY THE DECISION SHOULD BE DEEMED INCORRECT   545          

OR UNLAWFUL, AND SHALL BE FILED WITHIN THIRTY DAYS AFTER THE TAX   546          

ADMINISTRATOR ISSUES THE DECISION COMPLAINED OF.                   547          

      THE BOARD SHALL SCHEDULE A HEARING WITHIN FORTY-FIVE DAYS    549          

AFTER RECEIVING THE REQUEST, UNLESS THE TAXPAYER WAIVES A          550          

HEARING.  IF THE TAXPAYER DOES NOT WAIVE THE HEARING, THE          552          

TAXPAYER MAY APPEAR BEFORE THE BOARD AND MAY BE REPRESENTED BY AN  553          

ATTORNEY AT LAW, CERTIFIED PUBLIC ACCOUNTANT, OR OTHER             554          

REPRESENTATIVE.                                                                 

      THE BOARD MAY AFFIRM, REVERSE, OR MODIFY THE TAX             557          

ADMINISTRATOR'S DECISION OR ANY PART OF THAT DECISION.  THE BOARD  558          

SHALL ISSUE A DECISION ON THE APPEAL WITHIN NINETY DAYS AFTER THE  559          

BOARD'S FINAL HEARING ON THE APPEAL, AND SEND NOTICE OF ITS        560          

DECISION BY ORDINARY MAIL TO THE PETITIONER WITHIN FIFTEEN DAYS    561          

AFTER ISSUING THE DECISION.                                                     

      EACH BOARD OF APPEAL CREATED PURSUANT TO THIS SECTION SHALL  563          

ADOPT RULES GOVERNING ITS PROCEDURES AND SHALL KEEP A RECORD OF    564          

ITS TRANSACTIONS.  SUCH RECORDS ARE NOT PUBLIC RECORDS AVAILABLE   565          

FOR INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE.           566          

HEARINGS REQUESTED BY A TAXPAYER BEFORE A BOARD OF APPEAL CREATED  567          

PURSUANT TO THIS SECTION ARE NOT MEETINGS OF A PUBLIC BODY         568          

SUBJECT TO SECTION 121.22 OF THE REVISED CODE.                                  

      Sec. 718.06 718.12.  (A)  Civil actions to recover           577          

municipal income taxes and penalties and interest on municipal     578          

income taxes shall be brought within three years after the tax     579          

was due or the return was filed, whichever is later.               580          

      (B)  Prosecutions for an offense made punishable under a     582          

municipal ordinance imposing an income tax shall be commenced      583          

within three years after the commission of the offense, provided   584          

that in the case of fraud, failure to file a return, or the        585          

                                                          15     


                                                                 
omission of twenty-five per cent or more of income required to be  586          

reported, prosecutions may be commenced within six years after     587          

the commission of the offense.                                     588          

      (C)  Claims for refund of municipal income taxes must be     590          

brought within the time limitation provided in division (A) of     591          

this section.  WITHIN THIRTY DAYS AFTER A CLAIM FOR REFUND IS      593          

RECEIVED BY THE MUNICIPAL CORPORATION, THE MUNICIPAL CORPORATION   594          

SHALL DETERMINE THE AMOUNT OF THE REFUND DUE, IF ANY, AND ISSUE    595          

THE REFUND TO THE CLAIMANT.                                                     

      (D)  Interest shall be allowed and paid on any overpayment   597          

by a taxpayer of any municipal income tax obligation from the      598          

date of the overpayment until the date of the refund of the        599          

overpayment, except that if any overpayment is refunded within     600          

ninety THIRTY days after the final filing date of the annual       601          

return or ninety THIRTY days after the complete return is filed,   603          

whichever is later, no interest shall be allowed on the refunded   605          

overpayment. For purposes of computing the payment of interest on  606          

overpayments, no amount of tax for any taxable year shall be       607          

treated as having been paid before the date on which the tax       608          

return for that year was due without regard to any extension of    609          

time for filing that return.  The interest shall be paid at the    611          

rate of interest prescribed by section 5703.47 of the Revised                   

Code.                                                                           

      Sec. 718.07 718.13.  Any information gained as a result of   620          

returns, investigations, hearings, or verifications required or    621          

authorized by this chapter or by a charter or ordinance of a       622          

municipal corporation levying an income tax pursuant to this       623          

chapter is confidential, and no person shall disclose such         624          

information except in accordance with a proper judicial order or   625          

in connection with the performance of that person's official       626          

duties or the official business of the municipal corporation as    627          

authorized by this chapter or the charter or ordinance             628          

authorizing the levy.  The tax administrator of the municipal      629          

corporation may furnish copies of returns filed under this         630          

                                                          16     


                                                                 
chapter to the internal revenue service and to the tax             631          

commissioner.                                                      632          

      Sec. 718.14.  (A)  AS USED IN THIS SECTION:                  634          

      (1)  "S CORPORATION" MEANS A CORPORATION THAT HAS MADE AN    636          

ELECTION UNDER SUBCHAPTER S OF CHAPTER 1 OF SUBTITLE A OF THE      638          

INTERNAL REVENUE CODE FOR ITS TAXABLE YEAR.                        639          

      (2)  "LIMITED LIABILITY COMPANY" MEANS A LIMITED LIABILITY   641          

COMPANY FORMED UNDER CHAPTER 1705. OF THE REVISED CODE OR UNDER    642          

THE LAWS OF ANOTHER STATE.                                         643          

      (3)  "PASS-THROUGH ENTITY" MEANS A PARTNERSHIP, S            645          

CORPORATION, LIMITED LIABILITY COMPANY, OR ANY OTHER CLASS OF      646          

ENTITY THE INCOME OR PROFITS FROM WHICH ARE GIVEN PASS-THROUGH     648          

TREATMENT UNDER THE INTERNAL REVENUE CODE.                         649          

      (4)  "INCOME FROM A PASS-THROUGH ENTITY" MEANS PARTNERSHIP   651          

INCOME OF PARTNERS, DISTRIBUTIVE SHARES OF SHAREHOLDERS OF AN S    652          

CORPORATION, MEMBERSHIP INTERESTS OF MEMBERS OF A LIMITED          653          

LIABILITY COMPANY, OR OTHER DISTRIBUTIVE OR PROPORTIONATE          654          

OWNERSHIP SHARES OF OTHER PASS-THROUGH ENTITIES.                   655          

      (5)  "OWNER" MEANS A PARTNER OF A PARTNERSHIP, A             657          

SHAREHOLDER OF AN S CORPORATION, A MEMBER OF A LIMITED LIABILITY   658          

COMPANY, OR OTHER PERSON WITH AN OWNERSHIP INTEREST IN A           659          

PASS-THROUGH ENTITY.                                                            

      (B)  ON AND AFTER JANUARY 1, 2003, ANY MUNICIPAL             661          

CORPORATION THAT IMPOSES A TAX THAT APPLIES TO INCOME FROM A       663          

PASS-THROUGH ENTITY SHALL GRANT A CREDIT TO TAXPAYERS THAT ARE     664          

DOMICILED IN THE MUNICIPAL CORPORATION FOR TAXES PAID TO ANOTHER   666          

MUNICIPAL CORPORATION BY A PASS-THROUGH ENTITY THAT DOES NOT       667          

CONDUCT BUSINESS IN THE MUNICIPAL CORPORATION.  THE AMOUNT OF THE  668          

CREDIT SHALL EQUAL THE LESSER OF THE FOLLOWING AMOUNTS, SUBJECT    669          

TO DIVISION (C) OF THIS SECTION:                                   670          

      (1)  THE AMOUNT, IF ANY, OF TAX PAID BY THE PASS-THROUGH     672          

ENTITY TO ANOTHER MUNICIPAL CORPORATION IN THIS STATE,             673          

APPORTIONED RATABLY ACCORDING TO THE OWNERSHIP INTEREST OF THE     674          

TAXPAYER IN PROPORTION TO THE OWNERSHIP INTEREST OF ALL OWNERS OF  675          

                                                          17     


                                                                 
THE ENTITY;                                                                     

      (2)  THE AMOUNT OF TAX THAT WOULD BE IMPOSED ON THE          677          

PASS-THROUGH ENTITY BY THE MUNICIPAL CORPORATION IN WHICH THE      678          

TAXPAYER IS DOMICILED IF THE PASS-THROUGH ENTITY CONDUCTED         679          

BUSINESS IN THE MUNICIPAL CORPORATION, APPORTIONED RATABLY         680          

ACCORDING TO THE OWNERSHIP INTEREST OF THE TAXPAYER IN PROPORTION  681          

TO THE OWNERSHIP INTEREST OF ALL OWNERS OF THE ENTITY.             682          

      (C)  IF A MUNICIPAL CORPORATION GRANTS A CREDIT FOR A        684          

PERCENTAGE, LESS THAN ONE HUNDRED PER CENT, OF THE AMOUNT OF       685          

INCOME TAXES PAID ON COMPENSATION BY AN INDIVIDUAL WHO RESIDES OR  687          

IS DOMICILED IN THE MUNICIPAL CORPORATION TO ANOTHER MUNICIPAL     688          

CORPORATION, THE AMOUNT OF CREDIT OTHERWISE REQUIRED BY DIVISION   689          

(B) OF THIS SECTION SHALL BE MULTIPLIED BY THAT PERCENTAGE.        690          

      (D)  ON AND AFTER JANUARY 1, 2003, ANY MUNICIPAL             692          

CORPORATION THAT IMPOSES A TAX ON INCOME OF OR FROM A              694          

PASS-THROUGH ENTITY SHALL SPECIFY BY ORDINANCE OR RULE WHETHER     696          

THE TAX APPLIES TO INCOME OF THE PASS-THROUGH ENTITY IN THE HANDS  697          

OF THE ENTITY OR TO INCOME FROM THE PASS-THROUGH ENTITY IN THE     698          

HANDS OF THE OWNERS OF THE ENTITY.  A MUNICIPAL CORPORATION MAY    699          

SPECIFY A DIFFERENT ORDINANCE OR RULE UNDER THIS DIVISION FOR      700          

EACH OF THE CLASSES OF PASS-THROUGH ENTITY ENUMERATED IN DIVISION  701          

(A)(3) OF THIS SECTION.                                            702          

      Sec. 718.08 718.15.  A municipal corporation, by ordinance,  711          

may grant a refundable or nonrefundable credit against its tax on  713          

income to a taxpayer that also receives a tax credit under         714          

section 122.17 of the Revised Code.  If a credit is granted under  715          

this section, it shall be measured as a percentage of the new                   

income tax revenue the municipal corporation derives from new      716          

employees of the taxpayer and shall be for a term not exceeding    717          

ten years.  Before the municipal corporation passes an ordinance   718          

granting a credit, the municipal corporation and the taxpayer      719          

shall enter into an agreement specifying all the conditions of     720          

the credit.                                                                     

      Sec. 718.03 718.16.  A municipal corporation shall grant a   729          

                                                          18     


                                                                 
credit against its tax on income to a resident of the municipal    731          

corporation who works in a joint economic development zone         732          

created under section 715.691 or a joint economic development      733          

district created under section 715.70, 715.71, or 715.72 of the    734          

Revised Code to the same extent that it grants a credit against    735          

its tax on income to its residents who are employed in another     736          

municipal corporation.                                                          

      Sec. 733.85.  (A)  As used in this section, "municipal       745          

corporation" means any municipal corporation, including a          746          

municipal corporation organized under Chapter 705. of the Revised  747          

Code, that is not operating under a charter adopted or amended     748          

pursuant to Section 7 or 9 of Article XVIII, Ohio Constitution.    749          

      (B)  The legislative authority of a municipal corporation    751          

may provide, by ordinance or resolution, for the method of         752          

appointing and removing an officer who shall be responsible for    753          

the collection and deposit to the municipal treasury of municipal  754          

income taxes and the enforcement and administration of the         755          

municipal corporation's income tax ordinances, resolutions, and    756          

rules, including the powers, duties, and functions of the          757          

responsible administering officer and employees serving under his  758          

THE ADMINISTERING OFFICER'S direction and control.  If no such     760          

ordinance or resolution is adopted, the city auditor or village    761          

clerk shall be the officer responsible for the collection and      762          

deposit to the municipal treasury of income taxes and the          763          

enforcement and administration of the municipal corporation's      764          

income tax ordinances, resolutions, and rules.                     765          

      (C)  The legislative authority of a municipal corporation    767          

may, by ordinance or resolution, authorize the responsible         768          

administering officer described in division (B) of this section    769          

to promulgate, revise, and repeal rules with respect to the        770          

administration and enforcement of the municipal corporation's      771          

income tax ordinances and resolutions.  The rules shall be filed   772          

with the clerk of the legislative authority and made available     773          

for public inspection at the offices of the administering officer  774          

                                                          19     


                                                                 
and no other publication shall be required.  The rules shall not   775          

conflict with the municipal corporation's ordinances and           776          

resolutions.                                                       777          

      (D)  The legislative authority of a municipal corporation    779          

may provide, by ordinance or resolution, for the establishment,    780          

composition, method of appointment and removal, term of office,    781          

if any, and powers, duties, functions, and procedures of an        782          

appeals board to hear appeals from decisions and rulings of        783          

municipal administrative officers, other than the director of law  784          

or other chief legal officer of the municipal corporation, with    785          

respect to municipal income taxes.  The appeals board shall have   786          

jurisdiction with respect to appeals as provided by ordinance or   787          

resolution.  Every final order, adjudication, or decision of the   788          

appeals board shall be subject to review pursuant to Chapter       789          

2506. of the Revised Code.                                         790          

      (E)  If authorized by ordinance or resolution, and           792          

notwithstanding any other provision of the Revised Code to the     793          

contrary, any elected or appointed administrative officer of the   794          

municipal corporation may be appointed as a member of the appeals  795          

board authorized by division (D) of this section or designated as  796          

the responsible administering officer described in division (B)    797          

of this section.                                                   798          

      (F)  This section shall apply to any municipal ordinance or  800          

resolution existing at the effective date of this section ON       802          

SEPTEMBER 14, 1981, or thereafter enacted or amended.              803          

      Sec. 5703.49.  AS USED IN THIS SECTION, "INTERNET" MEANS     805          

THE INTERNATIONAL COMPUTER NETWORK OF BOTH FEDERAL AND NONFEDERAL  806          

INTEROPERABLE PACKET SWITCHED DATA NETWORKS, INCLUDING THE         807          

GRAPHICAL SUBNETWORK KNOWN AS THE WORLD WIDE WEB.                  808          

      ON OR BEFORE DECEMBER 31, 2001, THE TAX COMMISSIONER SHALL   810          

ESTABLISH AN ELECTRONIC SITE ACCESSIBLE THROUGH THE INTERNET.      811          

THE TAX COMMISSIONER SHALL PROVIDE ACCESS ON THE SITE FOR EACH     814          

MUNICIPAL CORPORATION THAT HAS NOT ESTABLISHED ITS OWN ELECTRONIC               

SITE TO POST DOCUMENTS OR INFORMATION REQUIRED UNDER SECTION       817          

                                                          20     


                                                                 
718.07 OF THE REVISED CODE.  THE TAX COMMISSIONER SHALL PROVIDE    818          

ELECTRONIC LINKS FOR EACH MUNICIPAL CORPORATION THAT ESTABLISHES   819          

A SITE UNDER THAT SECTION AND FOR WHICH A UNIFORM RESOURCE         820          

LOCATOR HAS BEEN PROVIDED TO THE TAX COMMISSIONER.  THE TAX        822          

COMMISSIONER IS NOT RESPONSIBLE FOR THE ACCURACY OF THE POSTED     823          

INFORMATION, AND IS NOT LIABLE FOR ANY INACCURATE OR OUTDATED      824          

INFORMATION PROVIDED BY A MUNICIPAL CORPORATION.  THE TAX                       

COMMISSIONER MAY ADOPT RULES GOVERNING THE FORMAT AND MEANS OF     826          

SUBMITTING SUCH DOCUMENTS OR INFORMATION AND OTHER MATTERS                      

NECESSARY TO IMPLEMENT THIS SECTION.  THE TAX COMMISSIONER MAY     827          

CHARGE MUNICIPAL CORPORATIONS A FEE TO DEFRAY THE COST OF          828          

ESTABLISHING AND MAINTAINING THE ELECTRONIC SITE ESTABLISHED       829          

UNDER THIS SECTION.                                                830          

      Section 2.  That existing sections 718.01, 718.02, 718.03,   832          

718.05, 718.06, 718.07, 718.08, and 733.85 of the Revised Code     833          

are hereby repealed.                                               834          

      Section 3.  The schedule of deadlines prescribed by section  836          

718.11 of the Revised Code, as enacted by this act, does not       837          

apply to any appeal filed before the effective date of this act    838          

with a board of appeal existing on that date.                      839          

      Section 4.  Section 718.01 of the Revised Code is presented  841          

in this act as a composite of the section as amended by both Am.   843          

Sub. S.B. 3 and Am. Sub. H.B. 283 of the 123rd General Assembly,                

with the new language of neither of the acts shown in capital      844          

letters.  This is in recognition of the principle stated in        845          

division (B) of section 1.52 of the Revised Code that such         846          

amendments are to be harmonized where not substantively            847          

irreconcilable and constitutes a legislative finding that such is  848          

the resulting version in effect prior to the effective date of     849          

this act.