As Reported by House Ways and Means Committee            1            

123rd General Assembly                                             4            

   Regular Session                        Sub. H. B. No. 589       5            

      1999-2000                                                    6            


     REPRESENTATIVES HOOPS-HOUSEHOLDER-HARRIS-MOTTLEY-OLMAN-       8            

  DAMSCHRODER-HARTNETT-VESPER-TERWILLEGER-KRUPINSKI-CALLENDER-     9            

  PETERSON-JOLIVETTE-LOGAN-METELSKY-A. CORE-BUEHRER-HOLLISTER-     10           

                         AMSTUTZ-METTLER                           11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 3317.01, 3317.021, 3317.025,        14           

                5709.61, 5727.08, 5727.47, and 5727.471 of the     15           

                Revised Code to require public utilities to pay    18           

                only the undisputed portion of property taxes if                

                the utility disputes the Tax Commissioner's        19           

                valuation, to provide for notification of any      20           

                disputes to be given to county auditors and                     

                affected taxing districts, and to allow            21           

                electricity generation plants and equipment to be  22           

                exempted from taxation under the enterprise zone   23           

                law even if they operate during nonpeak periods                 

                and for more than one-half of a year.              24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 3317.01, 3317.021, 3317.025,       28           

5709.61, 5727.08, 5727.47, and 5727.471 of the Revised Code be     29           

amended to read as follows:                                        30           

      Sec. 3317.01.  As used in this section and section 3317.011  39           

of the Revised Code, "school district," unless otherwise           40           

specified, means any city, local, exempted village, joint          41           

vocational, or cooperative education school district and any       43           

educational service center.                                                     

      This chapter shall be administered by the state board of     45           

education.  The superintendent of public instruction shall         46           

                                                          2      


                                                                 
calculate the amounts payable to each school district and shall    47           

certify the amounts payable to each eligible district to the       48           

treasurer of the district as provided by this chapter.  No moneys  49           

shall be distributed pursuant to this chapter without the          50           

approval of the controlling board.                                 51           

      The state board of education shall, in accordance with       53           

appropriations made by the general assembly, meet the financial    54           

obligations of this chapter.                                       55           

      Annually, the department of education shall calculate and    57           

report to each school district the district's total state and      58           

local funds for providing an adequate basic education to the       59           

district's nonhandicapped students, utilizing the determination    60           

in section 3317.012 of the Revised Code.  In addition, the                      

department shall calculate and report separately for each school   62           

district the district's total state and local funds for providng   63           

PROVIDING an adequate education for its handicapped students,      65           

utilizing the determinations in both sections 3317.012 and                      

3317.013 of the Revised Code.                                      66           

      Not later than the thirty-first day of August of each        68           

fiscal year, the department of education shall provide to each     69           

school district and county MR/DD board a preliminary estimate of   70           

the amount of funding that the department calculates the district  71           

will receive under each of divisions (C)(1) and (5) of section     72           

3317.022 of the Revised Code.  No later than the first day of      73           

December of each fiscal year, the department shall update that     74           

preliminary estimate.                                                           

      Moneys distributed pursuant to this chapter shall be         76           

calculated and paid on a fiscal year basis, beginning with the     77           

first day of July and extending through the thirtieth day of       78           

June.  The moneys appropriated for each fiscal year shall be       79           

distributed at least monthly to each school district unless        80           

otherwise provided for.  The state board shall submit a yearly     81           

distribution plan to the controlling board at its first meeting    83           

in July.  The state board shall submit any proposed midyear                     

                                                          3      


                                                                 
revision of the plan to the controlling board in January.  Any     85           

year-end revision of the plan shall be submitted to the            86           

controlling board in June.  If moneys appropriated for each                     

fiscal year are distributed other than monthly, such distribution  87           

shall be on the same basis for each school district.               88           

      The total amounts paid each month shall constitute, as       90           

nearly as possible, one-twelfth of the total amount payable for    91           

the entire year.  Payments made during the first six months of     92           

the fiscal year may be based on an estimate of the amounts         93           

payable for the entire year.  Payments made in the last six        94           

months shall be based on the final calculation of the amounts      95           

payable to each school district for that fiscal year.  Payments    96           

made in the last six months may be adjusted, if necessary, to      97           

correct the amounts distributed in the first six months, and to    98           

reflect enrollment increases when such are at least three per      99           

cent.  Except as otherwise provided, payments under this chapter   100          

shall be made only to those school districts in which:             101          

      (A)  The school district, except for any educational         104          

service center and any joint vocational or cooperative education   105          

school district, levies for current operating expenses at least    106          

twenty mills.  Levies for joint vocational or cooperative          108          

education school districts or county school financing districts,   109          

limited to or to the extent apportioned to current expenses,       110          

shall be included in this qualification requirement.  School       111          

district income tax levies under Chapter 5748. of the Revised      112          

Code, limited to or to the extent apportioned to current           113          

operating expenses, shall be included in this qualification        114          

requirement to the extent determined by the tax commissioner       115          

under division (C)(D) of section 3317.021 of the Revised Code.     117          

      (B)  The school year next preceding the fiscal year for      119          

which such payments are authorized meets the requirement of        120          

section 3313.48 or 3313.481 of the Revised Code, with regard to    121          

the minimum number of days or hours school must be open for        122          

instruction with pupils in attendance, for individualized          123          

                                                          4      


                                                                 
parent-teacher conference and reporting periods, and for           124          

professional meetings of teachers.  This requirement shall be      125          

waived by the superintendent of public instruction if it had been  126          

necessary for a school to be closed because of disease epidemic,   127          

hazardous weather conditions, inoperability of school buses or     128          

other equipment necessary to the school's operation, damage to a   129          

school building, or other temporary circumstances due to utility   130          

failure rendering the school building unfit for school use,        131          

provided that for those school districts operating pursuant to     132          

section 3313.48 of the Revised Code the number of days the school  133          

was actually open for instruction with pupils in attendance and    134          

for individualized parent-teacher conference and reporting         135          

periods is not less than one hundred seventy-five, or for those    136          

school districts operating on a trimester plan the number of days  137          

the school was actually open for instruction with pupils in        138          

attendance not less than seventy-nine days in any trimester, for   139          

those school districts operating on a quarterly plan the number    140          

of days the school was actually open for instruction with pupils   141          

in attendance not less than fifty-nine days in any quarter, or     142          

for those school districts operating on a pentamester plan the     143          

number of days the school was actually open for instruction with   144          

pupils in attendance not less than forty-four days in any          145          

pentamester.                                                                    

      A school district shall not be considered to have failed to  147          

comply with this division or section 3313.481 of the Revised Code  148          

because schools were open for instruction but either twelfth       149          

grade students were excused from attendance for up to three days   150          

or only a portion of the kindergarten students were in attendance  151          

for up to three days in order to allow for the gradual             152          

orientation to school of such students.                            153          

      The superintendent of public instruction shall waive the     155          

requirements of this section with reference to the minimum number  156          

of days or hours school must be in session with pupils in          157          

attendance for the school year succeeding the school year in       158          

                                                          5      


                                                                 
which a board of education initiates a plan of operation pursuant  159          

to section 3313.481 of the Revised Code.  The minimum              160          

requirements of this section shall again be applicable to such a   161          

district beginning with the school year commencing the second      162          

July succeeding the initiation of one such plan, and for each      163          

school year thereafter.                                            164          

      A school district shall not be considered to have failed to  166          

comply with this division or section 3313.48 or 3313.481 of the    167          

Revised Code because schools were open for instruction but the     168          

length of the regularly scheduled school day, for any number of    169          

days during the school year, was reduced by not more than two      170          

hours due to hazardous weather conditions.                                      

      (C)  The school district has on file, and is paying in       172          

accordance with, a teachers' salary schedule which complies with   174          

section 3317.13 of the Revised Code.                                            

      A board of education or governing board of an educational    176          

service center which has not conformed with other law and the      178          

rules pursuant thereto, shall not participate in the distribution  179          

of funds authorized by sections 3317.022 to 3317.0211, 3317.11,    180          

3317.16, 3317.17, and 3317.19 of the Revised Code, except for      181          

good and sufficient reason established to the satisfaction of the  182          

state board of education and the state controlling board.          183          

      All funds allocated to school districts under this chapter,  185          

except those specifically allocated for other purposes, shall be   186          

used to pay current operating expenses only.                       187          

      Sec. 3317.021.  (A)  On or before the first day of June of   196          

each year, the tax commissioner shall certify to the department    197          

of education the following information for each city, exempted     198          

village, and local school district and the information required    199          

by divisions (A)(1) and (2) of this section for each joint         200          

vocational school district, and it shall be used, along with the   201          

information certified under division (B) of this section, in       202          

making the computations for the district under section 3317.022    203          

or 3317.16 of the Revised Code:                                    204          

                                                          6      


                                                                 
      (1)  The taxable value of real and public utility real       206          

property in the school district subject to taxation in the         207          

preceding tax year, by class and by county of location;            208          

      (2)  The taxable value of tangible personal property,        210          

including public utility personal property, subject to taxation    211          

by the district for the preceding tax year;                        212          

      (3)(a)  The total property tax rate and total taxes charged  214          

and payable for the current expenses for the preceding tax year    215          

and the total property tax rate and the total taxes charged and    216          

payable to a joint vocational district for the preceding tax year  217          

that are limited to or to the extent apportioned to current        218          

expenses;                                                          219          

      (b)  The portion of the amount of taxes charged and payable  221          

reported for each city, local, and exempted village school         222          

district under division (A)(3)(a) of this section attributable to  223          

a joint vocational school district.                                224          

      (4)  The value of all real and public utility real property  226          

in the school district exempted from taxation minus both of the    227          

following:                                                         228          

      (a)  The value of real and public utility real property in   230          

the district owned by the United States government and used        231          

exclusively for a public purpose;                                  232          

      (b)  The value of real and public utility real property in   234          

the district exempted from taxation under Chapter 725. or 1728.    235          

or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,  236          

5709.73, or 5709.78 of the Revised Code.                           237          

      (5)  The total effective operating tax rate for the          239          

district in the tax year for which the most recent data are        240          

available.                                                                      

      (B)  On or before the first day of May each year, the tax    242          

commissioner shall certify to the department of education the      243          

total taxable real property value of railroads and, separately,    244          

the total taxable tangible personal property value of all public   245          

utilities for the preceding tax year, by school district and by    246          

                                                          7      


                                                                 
county of location.                                                247          

      (C)  IF A PUBLIC UTILITY HAS PROPERLY AND TIMELY FILED A     249          

PETITION FOR REASSESSMENT UNDER SECTION 5727.47 OF THE REVISED     250          

CODE WITH RESPECT TO AN ASSESSMENT ISSUED UNDER SECTION 5727.23    251          

OF THE REVISED CODE AFFECTING TAXABLE PROPERTY APPORTIONED BY THE               

TAX COMMISSIONER TO A SCHOOL DISTRICT, THE TAXABLE VALUE OF        252          

PUBLIC UTILITY TANGIBLE PERSONAL PROPERTY INCLUDED IN THE          254          

CERTIFICATION UNDER DIVISIONS (A)(2) AND (B) OF THIS SECTION FOR   256          

THE SCHOOL DISTRICT SHALL INCLUDE ONLY THE AMOUNT OF TAXABLE                    

VALUE ON THE BASIS OF WHICH THE PUBLIC UTILITY PAID TAX FOR THE    258          

PRECEDING YEAR AS PROVIDED IN DIVISION (B)(1) OR (2) OF SECTION    260          

5727.47 OF THE REVISED CODE.                                                    

      (D)  If on the basis of the information certified under      262          

division (A) of this section, the department determines that any   263          

district fails in any year to meet the qualification requirement   264          

specified in division (A) of section 3317.01 of the Revised Code,  265          

the department shall immediately request the tax commissioner to   266          

determine the extent to which any school district income tax       267          

levied by the district under Chapter 5748. of the Revised Code     268          

shall be included in meeting that requirement.  Within five days   269          

of receiving such a request from the department, the tax           270          

commissioner shall make the determination required by this         271          

division and report the quotient obtained under division           273          

(C)(D)(3) of this section to the department.  This quotient        274          

represents the number of mills that the department shall include   275          

in determining whether the district meets the qualification        276          

requirement of division (A) of section 3317.01 of the Revised      277          

Code.                                                                           

      The tax commissioner shall make the determination required   279          

by this division as follows:                                       280          

      (1)  Multiply one mill times the total taxable value of the  282          

district as determined in divisions (A)(1) and (2) of this         283          

section;                                                           284          

      (2)  Estimate the total amount of tax liability for the      286          

                                                          8      


                                                                 
current tax year under taxes levied by Chapter 5748. of the        287          

Revised Code that are apportioned to current operating expenses    288          

of the district;                                                   289          

      (3)  Divide the amount estimated under division (C)(D)(2)    291          

of this section by the product obtained under division (C)(D)(1)   292          

of this section.                                                   294          

      (D)(E)  As used in this section:                             296          

      (1)  "Class I taxes charged and payable for current          299          

expenses" means taxes charged and payable for current expenses on               

land and improvements classified as residential/agricultural real  300          

property under section 5713.041 of the Revised Code.               302          

      (2)  "Class I taxable value" means the taxable value of      305          

land and improvements classified as residential/agricultural real  306          

property under section 5713.041 of the Revised Code.               307          

      (3)  "Class I effective operating tax rate" of a school      310          

district means the quotient obtained by dividing the school        311          

district's Class I taxes charged and payable for current expenses  312          

by the district's Class I taxable value.                                        

      (4)  "Income tax equivalent tax rate" of a school district   314          

means the quotient obtained by dividing the income tax revenue     316          

disbursed during the current fiscal year under any tax levied      318          

pursuant to Chapter 5748. of the Revised Code by total taxable     319          

value of the district to the extent the revenue from the tax is    320          

allocated or apportioned to current expenses.                      321          

      (5)  "Total effective operating tax rate" means the sum of   324          

the Class I effective operating tax rate and the income tax        326          

equivalent tax rate.                                                            

      Sec. 3317.025.  On or before the first day of June of each   335          

year, the tax commissioner shall certify the following             336          

information to the department of education, for each school        337          

district in which the value of the property described under        338          

division (A) of this section exceeds one per cent of the taxable   339          

value of all real and tangible personal property in the district   340          

or in which is located tangible personal property designed for     341          

                                                          9      


                                                                 
use or used in strip mining operations, whose taxable value        342          

exceeds five million dollars, and the taxes upon which the         343          

district is precluded from collecting by virtue of legal           344          

proceedings to determine the value of such property:               345          

      (A)  The total taxable value of all property in the          347          

district owned by a public utility or railroad that has filed a    348          

petition for reorganization under the "Bankruptcy Act," 47 Stat.   349          

1474 (1898), 11 U.S.C. 205, as amended, and all tangible personal  350          

property in the district designed for use or used in strip mining  351          

operations whose taxable value exceeds five million dollars upon   352          

which have not been paid in full on or before the first day of     353          

April of that calendar year all real and tangible personal         354          

property taxes levied for the preceding calendar year and which    355          

the district was precluded from collecting by virtue of            356          

proceedings under section 205 of said act or by virtue of legal    357          

proceedings to determine the tax liability of such strip mining    358          

equipment;                                                         359          

      (B)  The percentage of the total operating taxes charged     361          

and payable for school district purposes levied against such       362          

valuation for the preceding calendar year which have not been      363          

paid by such date;                                                 364          

      (C)  The product obtained by multiplying the value           366          

certified under division (A) of this section by the percentage     367          

certified under division (B) of this section.  If the value        369          

certified under division (A) of this section includes taxable      370          

property owned by a public utility or railroad that has filed a    371          

petition for reorganization under the bankruptcy act, the amount   372          

used in making the calculation under this division shall be        373          

reduced by one per cent of the total value of all real and         374          

tangible personal property in the district or the value of the     375          

utility's or railroad's property, whichever is less.               376          

      Upon receipt of the certification, the department shall      378          

recompute the payments required under section 3317.022 of the      380          

Revised Code in the manner the payments would have been computed   381          

                                                          10     


                                                                 
if:                                                                             

      (1)  The amount certified under division (C) of this         383          

section was not subject to taxation by the district and was not    384          

included in the certification made under division (A)(1), (A)(2),  385          

or (C)(D) of section 3317.021 of the Revised Code.                 386          

      (2)  The amount of taxes charged and payable and unpaid and  388          

used to make the computation under division (B) of this section    389          

had not been levied and had not been used in the computation       390          

required by division (B) of section 3317.021 of the Revised Code.  391          

The department shall pay the district that amount in the ensuing   392          

fiscal year in lieu of the amounts computed under section          394          

3317.022 of the Revised Code.                                      395          

      Sec. 5709.61.  As used in sections 5709.61 to 5709.69 of     404          

the Revised Code:                                                  405          

      (A)  "Enterprise zone" or "zone" means any of the            407          

following:                                                         408          

      (1)  An area with a single continuous boundary designated    410          

in the manner set forth in section 5709.62 or 5709.63 of the       411          

Revised Code and certified by the director of development as       412          

having a population of at least four thousand according to the     413          

best and most recent data available to the director and having at  414          

least two of the following characteristics:                        415          

      (a)  It is located in a municipal corporation defined by     417          

the United States office of management and budget as a central     418          

city of a metropolitan statistical area;                           419          

      (b)  It is located in a county designated as being in the    421          

"Appalachian region" under the "Appalachian Regional Development   422          

Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;        423          

      (c)  Its average rate of unemployment, during the most       425          

recent twelve-month period for which data are available, is equal  426          

to at least one hundred twenty-five per cent of the average rate   427          

of unemployment for the state of Ohio for the same period;         428          

      (d)  There is a prevalence of commercial or industrial       430          

structures in the area that are vacant or demolished, or are       431          

                                                          11     


                                                                 
vacant and the taxes charged thereon are delinquent, and           432          

certification of the area as an enterprise zone would likely       433          

result in the reduction of the rate of vacant or demolished        434          

structures or the rate of tax delinquency in the area;             435          

      (e)  The population of all census tracts in the area,        437          

according to the federal census of 1990, decreased by at least     438          

ten per cent between the years 1970 and 1990;                      439          

      (f)  At least fifty-one per cent of the residents of the     441          

area have incomes of less than eighty per cent of the median       442          

income of residents of the municipal corporation or municipal      443          

corporations in which the area is located, as determined in the    444          

same manner specified under section 119(b) of the "Housing and     445          

Community Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318,  446          

as amended;                                                        447          

      (g)  The area contains structures previously used for        449          

industrial purposes but currently not so used due to age,          450          

obsolescence, deterioration, relocation of the former occupant's   451          

operations, or cessation of operations resulting from unfavorable  452          

economic conditions either generally or in a specific economic     453          

sector;                                                            454          

      (h)  It is located within one or more adjacent city, local,  457          

or exempted village school districts, the income-weighted tax      458          

capacity of each of which is less than seventy per cent of the     459          

average of the income-weighted tax capacity of all city, local,    460          

or exempted village school districts in the state according to     461          

the most recent data available to the director from the            462          

department of taxation.                                                         

      The director of development shall adopt rules in accordance  464          

with Chapter 119. of the Revised Code establishing conditions      465          

constituting the characteristics described in divisions            466          

(A)(1)(d), (g), and (h) of this section.                           467          

      If an area could not be certified as an enterprise zone      469          

unless it satisfied division (A)(1)(g) of this section, the        470          

legislative authority may enter into agreements in that zone       471          

                                                          12     


                                                                 
under section 5709.62, 5709.63, or 5709.632 of the Revised Code    472          

only if such agreements result in the development of the           473          

facilities described in that division, the parcel of land on       474          

which such facilities are situated, or adjacent parcels.  The      475          

director of development annually shall review all agreements in    476          

such zones to determine whether the agreements have resulted in    477          

such development; if the director determines that the agreements   478          

have not resulted in such development, the director immediately    479          

shall revoke certification of the zone and notify the legislative  480          

authority of such revocation.  Any agreements entered into prior   481          

to revocation under this paragraph shall continue in effect for    482          

the period provided in the agreement.                              483          

      (2)  An area with a single continuous boundary designated    485          

in the manner set forth in section 5709.63 of the Revised Code     486          

and certified by the director of development as:                   487          

      (a)  Being located within a county that contains a           489          

population of three hundred thousand or less;                      490          

      (b)  Having a population of at least one thousand according  492          

to the best and most recent data available to the director;        493          

      (c)  Having at least two of the characteristics described    495          

in divisions (A)(1)(b) to (h) of this section.                     496          

      (3)  An area with a single continuous boundary designated    498          

in the manner set forth under division (A)(1) of section 5709.632  499          

of the Revised Code and certified by the director of development   500          

as having a population of at least four thousand, or under         501          

division (A)(2) of that section and certified as having a          502          

population of at least one thousand, according to the best and     503          

most recent data available to the director.                        504          

      (B)  "Enterprise" means any form of business organization    506          

including, but not limited to, any partnership, sole               507          

proprietorship, or corporation, including an S corporation as      508          

defined in section 1361 of the Internal Revenue Code and any       509          

corporation that is majority work-owned either directly through    510          

the ownership of stock or indirectly through participation in an   511          

                                                          13     


                                                                 
employee stock ownership plan.                                     512          

      (C)  "Facility" means an enterprise's place of business in   514          

a zone, including land, buildings, machinery, equipment, and       515          

other materials, except inventory, used in business.  "Facility"   516          

includes land, buildings, machinery, production and station        517          

equipment, other equipment, and other materials, except            519          

inventory, used in business to generate electricity that is        520          

designed and intended to operate during peak load periods and to                

generate electricity during no more than four thousand three       521          

hundred fifty hours in a calendar year, provided that, for         522          

purposes of sections 5709.61 to 5709.69 of the Revised Code, the   523          

value of the property at such a facility shall be reduced by the   525          

value, if any, that is not apportioned under section 5727.15 of    526          

the Revised Code to the taxing district in which the facility is   527          

physically located.  In the case of such a facility that is        528          

physically located in two adjacent taxing districts, the property  529          

located in each taxing district constitutes a separate facility.   531          

      "Facility" does not include any portion of an enterprise's   533          

place of business used primarily for making retail sales unless    535          

the place of business is located in an impacted city as defined    536          

in section 1728.01 of the Revised Code.                            537          

      (D)  "Vacant facility" means a facility that has been        539          

vacant for at least ninety days immediately preceding the date on  540          

which an agreement is entered into under section 5709.62 or        541          

5709.63 of the Revised Code.                                       542          

      (E)  "Expand" means to make expenditures to add land,        544          

buildings, machinery, equipment, or other materials, except        545          

inventory, to a facility that equal at least ten per cent of the   546          

market value of the facility prior to such expenditures, as        547          

determined for the purposes of local property taxation.            548          

      (F)  "Renovate" means to make expenditures to alter or       550          

repair a facility that equal at least fifty per cent of the        551          

market value of the facility prior to such expenditures, as        552          

determined for the purposes of local property taxation.            553          

                                                          14     


                                                                 
      (G)  "Occupy" means to make expenditures to alter or repair  555          

a vacant facility equal to at least twenty per cent of the market  556          

value of the facility prior to such expenditures, as determined    557          

for the purposes of local property taxation.                       558          

      (H)  "Project site" means all or any part of a facility      560          

that is newly constructed, expanded, renovated, or occupied by an  561          

enterprise.                                                        562          

      (I)  "Project" means any undertaking by an enterprise to     564          

establish a facility or to improve a project site by expansion,    565          

renovation, or occupancy.                                          566          

      (J)  "Position" means the position of one full-time          568          

employee performing a particular set of tasks and duties.          569          

      (K)  "Full-time employee" means an individual who is         571          

employed for consideration by an enterprise for at least           572          

thirty-five hours a week, or who renders any other standard of     573          

service generally accepted by custom or specified by contract as   574          

full-time employment.                                              575          

      (L)  "New employee" means a full-time employee first         577          

employed by an enterprise at a facility that is a project site     578          

after the enterprise enters an agreement under section 5709.62 or  579          

5709.63 of the Revised Code.  "New employee" does not include an   580          

employee if, immediately prior to being employed by the            581          

enterprise, the employee was employed by an enterprise that is a   582          

related member or predecessor enterprise of that enterprise.       583          

      (M)  "Unemployed person" means any person who is totally     585          

unemployed in this state, as that term is defined in division (M)  586          

of section 4141.01 of the Revised Code, for at least ten           587          

consecutive weeks immediately preceding that person's employment   589          

at a facility that is a project site, or who is so unemployed for  590          

at least twenty-six of the fifty-two weeks immediately preceding   591          

that person's employment at such a facility.                       593          

      (N)  "JTPA eligible employee" means any individual who is    595          

eligible for employment or training under the "Job Training        596          

Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as         597          

                                                          15     


                                                                 
amended.                                                                        

      (O)  "First used in business" means that the property        599          

referred to has not been used in business in this state by the     600          

enterprise that owns it, or by an enterprise that is a related     601          

member or predecessor enterprise of such an enterprise, other      602          

than as inventory, prior to being used in business at a facility   603          

as the result of a project.                                        604          

      (P)  "Training program" means any noncredit training         606          

program or course of study that is offered by any state college    607          

or university; university branch district; community college;      608          

technical college; nonprofit college or university certified       609          

under section 1713.02 of the Revised Code; school district; joint  610          

vocational school district; school registered and authorized to    611          

offer programs under section 3332.05 of the Revised Code; an       612          

entity administering any federal, state, or local adult education  613          

and training program; or any enterprise; and that meets all of     614          

the following requirements:                                        615          

      (1)  It is approved by the director of development;          617          

      (2)  It is established or operated to satisfy the need of a  619          

particular industry or enterprise for skilled or semi-skilled      620          

employees;                                                         621          

      (3)  An individual is required to complete the course or     623          

program before filling a position at a project site.               624          

      (Q)  "Development" means to engage in the process of         626          

clearing and grading land, making, installing, or constructing     627          

water distribution systems, sewers, sewage collection systems,     628          

steam, gas, and electric lines, roads, curbs, gutters, sidewalks,  629          

storm drainage facilities, and construction of other facilities    630          

or buildings equal to at least fifty per cent of the market value  631          

of the facility prior to the expenditures, as determined for the   632          

purposes of local property taxation.                               633          

      (R)  "Large manufacturing facility" means a single Ohio      635          

facility that employed an average of at least one thousand         636          

individuals during the five calendar years preceding an agreement  638          

                                                          16     


                                                                 
authorized under division (C)(3) of section 5709.62 or division    639          

(B)(2) of section 5709.63 of the Revised Code.  For purposes of                 

this division, both of the following apply:                        640          

      (1)  A single Ohio manufacturing facility employed an        643          

average of at least one thousand individuals during the five       644          

calendar years preceding entering into such an agreement if        645          

one-fifth of the sum of the number of employees employed on the    646          

highest employment day during each of the five calendar years      647          

equals or exceeds one thousand.                                    648          

      (2)  The highest employment day is the day or days during a  651          

calendar year on which the number of employees employed at a                    

single Ohio manufacturing facility was greater than on any other   653          

day during the calendar year.                                                   

      (S)  "Business cycle" means the cycle of business activity   655          

usually regarded as passing through alternating stages of          656          

prosperity and depression.                                         657          

      (T)  "Making retail sales" means the effecting of            659          

transactions wherein one party is obligated to pay the price and   660          

the other party is obligated to provide a service or to transfer   661          

title to or possession of the item sold.                           662          

      (U)  "Environmentally contaminated" means that hazardous     664          

substances exist at a facility under conditions that have caused   665          

or would cause the facility to be identified as contaminated by    666          

the state or federal environmental protection agency.  These may   667          

include facilities located at sites identified in the master       668          

sites list or similar database maintained by the state             669          

environmental protection agency if the sites have been             670          

investigated by the agency and found to be contaminated.           671          

      (V)  "Remediate" means to make expenditures to clean up an   673          

environmentally contaminated facility so that it is no longer      674          

environmentally contaminated that equal at least ten per cent of   675          

the real property market value of the facility prior to such       676          

expenditures as determined for the purposes of property taxation.  677          

      (W)  "Related member" has the same meaning as defined in     679          

                                                          17     


                                                                 
section 5733.042 of the Revised Code without regard to division    680          

(B) of that section, except that it is used with respect to an     681          

enterprise rather than a taxpayer.                                 682          

      (X)  "Predecessor enterprise" means an enterprise from       684          

which the assets or equity of another enterprise has been          685          

transferred, which transfer resulted in the full or partial        686          

nonrecognition of gain or loss, or resulted in a carryover basis,  687          

both as determined by rule adopted by the tax commissioner.        688          

      (Y)  "Successor enterprise" means an enterprise to which     690          

the assets or equity of another enterprise has been transferred,   691          

which transfer resulted in the full or partial nonrecognition of   692          

gain or loss, or resulted in a carryover basis, both as            693          

determined by rule adopted by the tax commissioner.                694          

      Sec. 5727.08.  On or before the first day of March,          703          

annually, each public utility shall file a report with the tax     704          

commissioner, on a form prescribed by him THE TAX COMMISSIONER.    705          

The report shall include such information as the TAX commissioner  707          

requires to enable him THE TAX COMMISSIONER to make any            709          

assessment or apportionment required under this chapter.           711          

      Such THE report shall be signed by either the owner of the   713          

public utility or the president, secretary, treasurer, or another  714          

duly authorized person.                                            715          

      If a public utility fails to file the report on or before    717          

the first day of March, or the date it is due under an extension   718          

allowed pursuant to section 5727.48 of the Revised Code, or fails  719          

to accurately report all taxable property, the TAX commissioner    721          

shall MAY impose a penalty of up to fifty per cent of the taxable  722          

value of the property that was not timely or accurately reported.  725          

However, if such THE public utility files, within sixty days       726          

after the first day of March or the extended due date, the report  727          

or an amended report and discloses all items of taxable property   728          

that are required by this chapter to be reported, the penalty      730          

shall be up to NOT BE MORE THAN five per cent of the taxable       731          

value that was not timely or accurately reported.  The penalty     734          

                                                          18     


                                                                 
shall be added to and considered a part of the total taxable       736          

value of the property that was not timely or accurately reported,  737          

and may be abated in whole or in part by the tax commissioner      739          

pursuant to a petition for reassessment filed under section        740          

5727.47 of the Revised Code.                                                    

      Sec. 5727.47.  (A)  A copy of each assessment certified      749          

pursuant to section 5727.23 or 5727.38 of the Revised Code shall   751          

be mailed to the public utility, and its mailing shall be                       

prima-facie evidence of its receipt by the public utility to       752          

which it is addressed.  If a public utility objects to any         753          

assessment certified to it pursuant to such sections, it may file  754          

a petition for reassessment with the tax commissioner.  The        755          

petition must be made in writing, signed by the authorized agent   756          

of the utility having knowledge of the facts, and filed with the   757          

TAX commissioner, in person or by certified mail, within thirty    758          

days from the date that the assessment was mailed.  If the         760          

petition is filed by certified mail, the date of the United        761          

States postmark placed on the sender's receipt by the postal       762          

employee to whom the petition is presented shall be treated as     763          

the date of filing.  A true copy of the assessment objected to     764          

shall be attached to the petition and shall be incorporated by     765          

reference into the petition, but the failure to attach a copy of   766          

the assessment and incorporate it by reference does not            767          

invalidate the petition.  The petition also shall indicate the     768          

utility's objections, but additional objections may be raised in   769          

writing if received prior to the date shown on the final           770          

determination by the commissioner.                                              

      Notwithstanding the fact that a petition has been filed, IN  773          

THE CASE OF A PETITION SEEKING A REDUCTION IN TAXABLE VALUE FILED               

WITH RESPECT TO AN ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE  774          

REVISED CODE, THE PETITIONER SHALL STATE IN THE PETITION THE       776          

TOTAL AMOUNT OF REDUCTION IN TAXABLE VALUE SOUGHT BY THE           777          

PETITIONER.  IF THE PETITIONER OBJECTS TO THE PERCENTAGE OF TRUE   778          

VALUE AT WHICH TAXABLE PROPERTY IS ASSESSED BY THE TAX             779          

                                                          19     


                                                                 
COMMISSIONER, THE PETITIONER SHALL STATE IN THE PETITION THE                    

TOTAL AMOUNT OF REDUCTION IN TAXABLE VALUE SOUGHT BOTH WITH AND    781          

WITHOUT REGARD TO THE OBJECTION PERTAINING TO THE PERCENTAGE OF    782          

TRUE VALUE AT WHICH ITS TAXABLE PROPERTY IS ASSESSED.  IF A        784          

PETITIONER OBJECTS TO THE TAX COMMISSIONER'S APPORTIONMENT OF THE  785          

TAXABLE VALUE OF THE PETITIONER'S TAXABLE PROPERTY, THE            786          

PETITIONER SHALL DISTINCTLY STATE IN THE PETITION THAT THE         787          

PETITIONER OBJECTS TO THE TAX COMMISSIONER'S APPORTIONMENT, AND,   788          

WITHIN FORTY-FIVE DAYS AFTER FILING THE PETITION FOR               789          

REASSESSMENT, SHALL SUBMIT THE PETITIONER'S PROPOSED               790          

APPORTIONMENT OF THE TAXABLE VALUE OF ITS TAXABLE PROPERTY AMONG   791          

TAXING DISTRICTS.  IF A PETITIONER THAT OBJECTS TO THE TAX         792          

COMMISSIONER'S APPORTIONMENT FAILS TO STATE ITS OBJECTIONS TO      793          

THAT APPORTIONMENT IN ITS PETITION FOR REASSESSMENT OR FAILS TO    794          

SUBMIT ITS PROPOSED APPORTIONMENT WITHIN FORTY-FIVE DAYS AFTER     795          

FILING THE PETITION FOR REASSESSMENT, THE TAX COMMISSIONER SHALL   796          

DISMISS THE PETITIONER'S OBJECTION TO THE TAX COMMISSIONER'S       797          

APPORTIONMENT, AND THE TAXABLE VALUE OF THE PETITIONER'S TAXABLE   798          

PROPERTY, SUBJECT TO ANY ADJUSTMENT TO TAXABLE VALUE PURSUANT TO   799          

THE PETITION OR APPEAL, SHALL BE APPORTIONED IN THE MANNER USED    800          

BY THE TAX COMMISSIONER IN THE PRELIMINARY OR AMENDED PRELIMINARY  801          

ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE REVISED CODE.       802          

      IF AN ADDITIONAL OBJECTION SEEKING A REDUCTION IN TAXABLE    804          

VALUE IN EXCESS OF THE REDUCTION STATED IN THE ORIGINAL PETITION   805          

IS PROPERLY AND TIMELY RAISED WITH RESPECT TO AN ASSESSMENT        806          

ISSUED UNDER SECTION 5727.23 OF THE REVISED CODE, THE PETITIONER   807          

SHALL STATE THE TOTAL AMOUNT OF THE REDUCTION IN TAXABLE VALUE     808          

SOUGHT IN THE ADDITIONAL OBJECTION BOTH WITH AND WITHOUT REGARD    809          

TO ANY REDUCTION IN TAXABLE VALUE PERTAINING TO THE PERCENTAGE OF  811          

TRUE VALUE AT WHICH TAXABLE PROPERTY IS ASSESSED.  IF A            812          

PETITIONER FAILS TO STATE THE REDUCTION IN TAXABLE VALUE SOUGHT    813          

IN THE ORIGINAL PETITION OR IN ADDITIONAL OBJECTIONS PROPERLY      814          

RAISED AFTER THE PETITION IS FILED, THE TAX COMMISSIONER SHALL     815          

NOTIFY THE PETITIONER OF THE FAILURE BY CERTIFIED MAIL.  IF THE    816          

                                                          20     


                                                                 
PETITIONER FAILS TO NOTIFY THE TAX COMMISSIONER IN WRITING OF THE  817          

REDUCTION IN TAXABLE VALUE SOUGHT IN THE PETITION OR IN AN         818          

ADDITIONAL OBJECTION WITHIN THIRTY DAYS AFTER RECEIVING THE TAX    819          

COMMISSIONER'S NOTICE, THE TAX COMMISSIONER SHALL DISMISS THE      820          

PETITION OR THE ADDITIONAL OBJECTION IN WHICH THAT REDUCTION IS    821          

SOUGHT.                                                                         

      (B)(1)  SUBJECT TO DIVISIONS (B)(2) AND (3) OF THIS          823          

SECTION, A PUBLIC UTILITY FILING A PETITION FOR REASSESSMENT       825          

REGARDING AN ASSESSMENT ISSUED UNDER SECTION 5727.23 OR 5727.38    826          

OF THE REVISED CODE SHALL PAY the tax with respect to the          827          

assessment objected to shall be paid as required by law.  The      828          

acceptance of the ANY tax payment by the treasurer of state or     830          

any county treasurer shall not prejudice any claim for taxes on    831          

final determination by the TAX commissioner or final decision by   832          

the board of tax appeals or any court.                                          

      (2)  IF A PUBLIC UTILITY PROPERLY AND TIMELY FILES A         834          

PETITION FOR REASSESSMENT REGARDING AN ASSESSMENT ISSUED UNDER     835          

SECTION 5727.23 OF THE REVISED CODE, THE PETITIONER SHALL PAY THE  836          

TAX AS PRESCRIBED BY DIVISIONS (B)(2)(a), (b), AND (c) OF THIS     838          

SECTION:                                                                        

      (a)  IF THE PETITIONER DOES NOT OBJECT TO THE TAX            840          

COMMISSIONER'S APPORTIONMENT OF THE TAXABLE VALUE OF THE           842          

PETITIONER'S TAXABLE PROPERTY, THE PETITIONER IS NOT REQUIRED TO   844          

PAY THE PART OF THE TAX OTHERWISE DUE ON THE TAXABLE VALUE THAT    845          

THE PETITIONER SEEKS TO HAVE REDUCED, SUBJECT TO DIVISION          846          

(B)(2)(c) OF THIS SECTION.                                                      

      (b)  IF THE PETITIONER OBJECTS TO THE TAX COMMISSIONER'S     848          

APPORTIONMENT OF THE TAXABLE VALUE OF THE PETITIONER'S TAXABLE     849          

PROPERTY, THE PETITIONER IS NOT REQUIRED TO PAY THE TAX OTHERWISE  851          

DUE ON THE PART OF THE TAXABLE VALUE APPORTIONED TO ANY TAXING     852          

DISTRICT THAT THE PETITIONER OBJECTS TO, SUBJECT TO DIVISION       853          

(B)(2)(c) OF THIS SECTION.  IF, PURSUANT TO DIVISION (A) OF THIS   854          

SECTION, THE PETITIONER HAS, IN A PROPER AND TIMELY MANNER,        855          

APPORTIONED TAXABLE VALUE TO A TAXING DISTRICT TO WHICH THE TAX    856          

                                                          21     


                                                                 
COMMISSIONER DID NOT APPORTION THE PETITIONER'S TAXABLE VALUE,     857          

THE PETITIONER SHALL PAY THE TAX DUE ON THE TAXABLE VALUE THAT     858          

THE PETITIONER HAS APPORTIONED TO THE TAXING DISTRICT, SUBJECT TO  859          

DIVISION (B)(2)(c) OF THIS SECTION.                                860          

      (c)  IF A PETITIONER OBJECTS TO THE PERCENTAGE OF TRUE       862          

VALUE AT WHICH TAXABLE PROPERTY IS ASSESSED BY THE TAX             863          

COMMISSIONER, THE PETITIONER SHALL PAY THE TAX DUE ON THE BASIS    865          

OF THE PERCENTAGE OF TRUE VALUE AT WHICH THE PUBLIC UTILITY'S                   

TAXABLE PROPERTY IS ASSESSED BY THE TAX COMMISSIONER.  IN ANY      867          

CASE, THE PETITIONER'S PAYMENT OF TAX SHALL NOT BE LESS THAN THE   868          

AMOUNT OF TAX DUE BASED ON THE TAXABLE VALUE REFLECTED ON THE                   

LAST APPEAL NOTICE ISSUED BY THE TAX COMMISSIONER UNDER DIVISION   869          

(C) OF THIS SECTION.  UNTIL THE COUNTY AUDITOR RECEIVES            871          

NOTIFICATION UNDER DIVISION (E) OF THIS SECTION AND PROCEEDS       872          

UNDER SECTION 5727.471 OF THE REVISED CODE TO ISSUE ANY REFUND                  

THAT IS FOUND TO BE DUE, THE COUNTY AUDITOR SHALL NOT ISSUE A      873          

REFUND FOR ANY INCREASE IN THE REDUCTION IN TAXABLE VALUE THAT IS  874          

SOUGHT BY A PETITIONER LATER THAN FORTY-FIVE DAYS AFTER THE        875          

PETITIONER FILES THE ORIGINAL PETITION AS REQUIRED UNDER DIVISION  876          

(A) OF THIS SECTION.                                               877          

      (3)  ANY PART OF THE TAX THAT, UNDER DIVISION (B)(2)(a) OR   880          

(b) OF THIS SECTION, IS NOT PAID SHALL BE COLLECTED UPON RECEIPT   883          

OF THE NOTIFICATION AS PROVIDED IN SECTION 5727.471 OF THE                      

REVISED CODE WITH INTEREST THEREON COMPUTED IN THE SAME MANNER AS  884          

INTEREST IS COMPUTED UNDER DIVISION (E) OF SECTION 5715.19 OF THE  885          

REVISED CODE, SUBJECT TO ANY CORRECTION OF THE ASSESSMENT BY THE   888          

TAX COMMISSIONER UNDER DIVISION (E) OF THIS SECTION OR THE FINAL   889          

JUDGMENT OF THE BOARD OF TAX APPEALS OR A COURT TO WHICH THE       890          

BOARD'S FINAL JUDGMENT IS APPEALED.  THE PENALTY IMPOSED UNDER     892          

SECTION 323.121 OF THE REVISED CODE SHALL APPLY ONLY TO THE        893          

UNPAID PORTION OF THE TAX IF THE PETITIONER'S TAX PAYMENT IS LESS  894          

THAN THE AMOUNT OF TAX DUE BASED ON THE TAXABLE VALUE REFLECTED    895          

ON THE LAST APPEAL NOTICE ISSUED BY THE TAX COMMISSIONER UNDER     896          

DIVISION (C) OF THIS SECTION.                                      897          

                                                          22     


                                                                 
      (C)  Upon receipt of a properly filed petition FOR           899          

REASSESSMENT, the TAX commissioner shall notify the treasurer of   901          

state or the auditor of each county to which the assessment        902          

objected to has been certified.  IN THE CASE OF A PETITION WITH    903          

RESPECT TO AN ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE       904          

REVISED CODE, THE TAX COMMISSIONER SHALL ISSUE AN APPEAL NOTICE    905          

WITHIN THIRTY DAYS AFTER RECEIVING THE AMOUNT OF THE TAXABLE       906          

VALUE REDUCTION AND APPORTIONMENT CHANGES SOUGHT BY THE            907          

PETITIONER IN THE ORIGINAL PETITION OR IN ANY ADDITIONAL           908          

OBJECTIONS PROPERLY AND TIMELY RAISED BY THE PETITIONER.  THE      909          

APPEAL NOTICE SHALL INDICATE THE AMOUNT OF THE REDUCTION IN        911          

TAXABLE VALUE SOUGHT IN THE PETITION OR IN THE ADDITIONAL          912          

OBJECTIONS AND THE EXTENT TO WHICH THE REDUCTION IN TAXABLE VALUE  913          

AND ANY CHANGE IN APPORTIONMENT REQUESTED BY THE PETITIONER WOULD  915          

AFFECT THE TAX COMMISSIONER'S APPORTIONMENT OF THE TAXABLE VALUE   916          

AMONG TAXING DISTRICTS IN THE COUNTY AS SHOWN IN THE ASSESSMENT.   917          

IF A PETITIONER IS SEEKING A REDUCTION IN TAXABLE VALUE ON THE     918          

BASIS OF A LOWER PERCENTAGE OF TRUE VALUE THAN THE PERCENTAGE AT   919          

WHICH THE TAX COMMISSIONER ASSESSED THE PETITIONER'S TAXABLE       920          

PROPERTY, THE APPEAL NOTICE SHALL INDICATE THE REDUCTION IN        921          

TAXABLE VALUE SOUGHT BY THE PETITIONER WITHOUT REGARD TO THE       922          

REDUCTION SOUGHT ON THE BASIS OF THE LOWER PERCENTAGE AND SHALL    923          

INDICATE THAT THE PETITIONER IS REQUIRED TO PAY TAX ON THE         924          

REDUCED TAXABLE VALUE DETERMINED WITHOUT REGARD TO THE REDUCTION   925          

SOUGHT ON THE BASIS OF A LOWER PERCENTAGE OF TRUE VALUE, AS        926          

PROVIDED UNDER DIVISION (B)(2)(c) OF THIS SECTION.  THE APPEAL     928          

NOTICE SHALL INCLUDE A STATEMENT THAT THE REDUCED TAXABLE VALUE    929          

AND THE APPORTIONMENT INDICATED IN THE NOTICE ARE NOT FINAL AND    930          

ARE SUBJECT TO ADJUSTMENT BY THE TAX COMMISSIONER OR BY THE BOARD  931          

OF TAX APPEALS OR A COURT ON APPEAL.  IF THE TAX COMMISSIONER      933          

FINDS AN ERROR IN THE APPEAL NOTICE, THE TAX COMMISSIONER MAY      934          

AMEND THE NOTICE, BUT THE NOTICE IS ONLY FOR INFORMATIONAL AND     935          

TAX PAYMENT PURPOSES; THE NOTICE IS NOT SUBJECT TO APPEAL BY ANY   936          

PERSON.  THE TAX COMMISSIONER ALSO SHALL MAIL A COPY OF THE        937          

                                                          23     


                                                                 
APPEAL NOTICE TO THE PETITIONER.  UPON THE REQUEST OF A TAXING                  

AUTHORITY, THE COUNTY AUDITOR MAY DISCLOSE TO THE TAXING           939          

AUTHORITY THE EXTENT TO WHICH A REDUCTION IN TAXABLE VALUE SOUGHT  940          

BY A PETITIONER WOULD AFFECT THE APPORTIONMENT OF TAXABLE VALUE    941          

TO THE TAXING DISTRICT OR DISTRICTS UNDER THE TAXING AUTHORITY'S   942          

JURISDICTION, BUT SUCH A DISCLOSURE DOES NOT CONSTITUTE A NOTICE   943          

REQUIRED BY LAW TO BE GIVEN FOR THE PURPOSE OF SECTION 5717.02 OF  944          

THE REVISED CODE.                                                               

      (D)  Unless the petitioner waives a hearing, the             946          

commissioner shall assign a time and place for the hearing on the  947          

petition and notify the petitioner of the time and place of the    948          

hearing by personal service or certified mail, but the             949          

commissioner may continue the hearing from time to time if         950          

necessary.                                                                      

      (E)  The TAX commissioner may make such correction to the    952          

assessment as the TAX commissioner finds proper.  The TAX          954          

commissioner shall serve a copy of the commissioner's final        957          

determination on the petitioner by personal service or certified   958          

mail, and the TAX commissioner's decision in the matter shall be   959          

final, subject to appeal as provided in section 5717.02 of the     960          

Revised Code.  The TAX commissioner also shall transmit a copy of  961          

the final determination to the treasurer of state or applicable    963          

county auditor.  In the absence of any further appeal, or when a   964          

decision of the board of tax appeals or of any court to which the  965          

decision has been appealed becomes final, the TAX commissioner     966          

shall notify the public utility and, as appropriate, the           967          

treasurer of state who shall proceed under section 5727.42 of the  968          

Revised Code, or the applicable county auditor who shall proceed   969          

under section 5727.471 of the Revised Code.  The IN ANY            971          

NOTIFICATION REGARDING AN ASSESSMENT ISSUED UNDER SECTION 5727.23  972          

OF THE REVISED CODE, THE TAX COMMISSIONER SHALL INCLUDE A NOTICE   973          

OF THE AMOUNT OF ANY STATE BASIC AID OVERPAYMENT, AS DEFINED IN    974          

SECTION 5727.471 OF THE REVISED CODE, TO A SCHOOL DISTRICT         975          

AFFECTED BY THE NOTIFICATION.  UPON THE TAX COMMISSIONER'S         976          

                                                          24     


                                                                 
REQUEST, THE DEPARTMENT OF EDUCATION SHALL CERTIFY TO THE TAX      977          

COMMISSIONER THE AMOUNT OF ANY STATE BASIC AID OVERPAYMENT TO A    978          

SCHOOL DISTRICT.                                                                

      THE notification MADE UNDER THIS DIVISION is not subject to  981          

further appeal.                                                                 

      (F)  ON APPEAL, NO ADJUSTMENT SHALL BE MADE IN THE TAX       983          

COMMISSIONER'S ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE      984          

REVISED CODE THAT REDUCES THE TAXABLE VALUE OF A PETITIONER'S      985          

TAXABLE PROPERTY BY AN AMOUNT THAT EXCEEDS THE REDUCTION SOUGHT    986          

BY THE PETITIONER IN ITS PETITION FOR REASSESSMENT OR IN ANY       987          

ADDITIONAL OBJECTIONS PROPERLY AND TIMELY RAISED AFTER THE         988          

PETITION IS FILED WITH THE TAX COMMISSIONER.                       989          

      Sec. 5727.471.  (A)  As used in this section,                999          

"notification:                                                                  

      (1)  "NOTIFICATION" means notification required by section   1,001        

5727.47 of the Revised Code to be sent by the tax commissioner to  1,002        

the county auditor as to the disposition of a petition for         1,003        

reassessment, or of a decision of the board of tax appeals or any  1,004        

court with respect to an assessment of public utility property     1,005        

taxes.                                                                          

      (2)  "STATE BASIC AID OVERPAYMENT" FOR A SCHOOL DISTRICT     1,007        

MEANS THE AMOUNT BY WHICH THE PAYMENT COMPUTED FOR A FISCAL YEAR   1,008        

UNDER SECTION 3317.022 OF THE REVISED CODE EXCEEDS THE AMOUNT      1,009        

THAT WOULD HAVE BEEN COMPUTED FOR THAT FISCAL YEAR IF THE TAXABLE  1,010        

VALUE CERTIFIED UNDER DIVISION (A)(2) AND (B) OF SECTION 3317.021  1,011        

OF THE REVISED CODE FOR THE TAX YEAR PRECEDING THAT FISCAL YEAR    1,012        

HAD BEEN THE TAXABLE VALUE SHOWN IN THE NOTIFICATION FOR THAT TAX  1,013        

YEAR.                                                                           

      (B)  On receipt of the notification, the auditor shall       1,015        

determine whether there has been an underpayment or overpayment    1,016        

of taxes by the public utility.  In the case of an underpayment    1,017        

of taxes, the auditor shall notify the county treasurer of the     1,018        

amount, and the treasurer shall proceed to collect the             1,019        

underpayment as required by law.  In FROM THE PROCEEDS OF THE      1,021        

                                                          25     


                                                                 
UNDERPAYMENT SO COLLECTED THAT ARE OTHERWISE PAYABLE TO A CITY,    1,022        

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, THE COUNTY TREASURER   1,023        

SHALL DEDUCT AND WITHHOLD AN AMOUNT EQUAL TO THE STATE BASIC AID   1,024        

OVERPAYMENT, IF ANY, TO THE SCHOOL DISTRICT, PLUS INTEREST ON      1,025        

THAT AMOUNT AT THE RATE PRESCRIBED BY SECTION 5703.47 OF THE       1,026        

REVISED CODE FROM THE LAST DAY OF THE FISCAL YEAR FOR WHICH THE    1,027        

STATE BASIC AID PAYMENT WAS MADE TO THE DAY THE UNDERPAYMENT IS                 

COLLECTED.  THE COUNTY TREASURER SHALL PAY THE AMOUNT DEDUCTED     1,028        

AND WITHHELD TO THE TREASURER OF STATE, WHO SHALL CREDIT THE       1,029        

PAYMENT TO THE GENERAL REVENUE FUND.  IF THE STATE BASIC AID       1,030        

OVERPAYMENT AND INTEREST EXCEEDS THE AMOUNT OF THE TAX             1,031        

UNDERPAYMENT COLLECTED THAT IS OTHERWISE PAYABLE TO THE SCHOOL     1,032        

DISTRICT, THE COUNTY TREASURER SHALL COLLECT THE DIFFERENCE FROM   1,033        

THE SCHOOL DISTRICT OR DEDUCT AND WITHHOLD THE DIFFERENCE FROM     1,034        

THE NEXT DISTRIBUTION OR ADVANCE PAYMENT OF PROPERTY TAXES TO THE  1,035        

DISTRICT, AND SHALL PAY THAT DIFFERENCE TO THE TREASURER OF        1,036        

STATE, WHO SHALL CREDIT THE PAYMENT TO THE GENERAL REVENUE FUND.   1,037        

      IN the case of an overpayment of taxes, the auditor shall    1,040        

do any one of the following:                                                    

      (1)  Refund the full amount of the overpayment;              1,042        

      (2)  Refund a portion of the overpayment and prorate the     1,044        

remaining balance as a credit against future taxes that may be     1,045        

charged to the public utility;                                     1,046        

      (3)  Prorate the full amount of the overpayment as a credit  1,048        

against future taxes that may be charged to the public utility.    1,049        

      (C)(1)  The auditor shall have discretion as to which        1,051        

method to use and shall advise the public utility of his THE       1,052        

AUDITOR'S decision within sixty days after receipt of the          1,054        

notification.  The auditor shall make payment of any refund under  1,055        

division (B)(1) or (2) of this section within ninety days after    1,056        

receipt of the notification.  Except as otherwise provided in      1,057        

division (C)(2) of this section, any amount to be credited under   1,058        

division (B)(2) or (3) of this section shall be applied to all or  1,059        

a part of the taxes otherwise due from the public utility on real  1,060        

                                                          26     


                                                                 
and public utility property tax installment due dates after the    1,061        

date on which the notification was received, but shall not be      1,062        

spread over more than the next ten ensuing installment due dates.  1,063        

If any portion of the overpayment has not been refunded or         1,064        

credited by the tenth such tax installment due date after the      1,065        

date on which the notification was received, the auditor           1,066        

immediately shall refund that portion.                             1,067        

      (2)  The tax commissioner may certify to a county auditor,   1,069        

in writing, that a public utility is no longer required to file a  1,070        

report under section 5727.08 of the Revised Code.  Within ninety   1,071        

days of the date of such certification, the auditor shall refund   1,072        

to the utility, with applicable interest, the portion of any       1,073        

overpayment that has not been refunded or credited to the utility  1,074        

under this section.                                                1,075        

      (D)  The auditor shall add interest to the amount of any     1,077        

overpayment of taxes at the rate per calendar month, rounded to    1,078        

the nearest one-hundredth of one per cent, equal to one-twelfth    1,079        

of the rate per annum prescribed by section 5703.47 of the         1,080        

Revised Code.  The interest shall begin to accrue from the first   1,081        

day of the month following the date of the overpayment until the   1,082        

last day of the month preceding the date the overpayment or        1,083        

portion of the overpayment is refunded or credited, and shall be   1,084        

computed separately on each amount actually refunded or credited.  1,085        

In computing interest on credits, when an overpayment is credited  1,086        

against an installment of current taxes due from the utility       1,087        

pursuant to this section, the overpayment shall be considered to   1,088        

have been credited on the last date on which those taxes may be    1,089        

paid without penalty.                                              1,090        

      (E)  The refund and crediting of any overpayment, including  1,092        

interest, shall be paid from or credited against the fund or       1,093        

funds and the taxing districts to which the overpayment            1,094        

originally was paid, in proportion to the amount of the            1,095        

overpayment received.  The auditor shall correct his THE           1,096        

AUDITOR'S tax lists in accordance with the refund or credit, and   1,098        

                                                          27     


                                                                 
shall certify corrections in the tax duplicates to the county      1,099        

treasurer.  At each settlement affected by a refund or credit      1,100        

under this section, the amount of the refund or credit shall be    1,101        

deducted from the amount of any taxes or assessments               1,102        

distributable to the county or any taxing unit in the county that  1,103        

has received the benefit of the taxes or assessment previously     1,104        

overpaid, in proportion to the overpayment previously received.    1,105        

      Section 2.  That existing sections 3317.01, 3317.021,        1,107        

3317.025, 5709.61, 5727.08, 5727.47, and 5727.471 of the Revised   1,108        

Code are hereby repealed.                                          1,109        

      Section 3.  The amendment by this act of sections 5727.08    1,111        

and 5727.47 of the Revised Code applies to tax years 2001 and      1,112        

thereafter.