As Passed by the House                        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-TIBERI-STAPLETON-GRENDELL-CORBIN-EVANS-CAREY-    11           

WILSON-BRADING-BENDER-PATTON-WIDENER-WILLAMOWSKI-ASLANIDES-MEAD-   12           

                             BARRETT                               13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 3317.01, 3317.021, 3317.025,        16           

                5709.61, 5727.08, 5727.47, and 5727.471 of the     17           

                Revised Code to require public utilities to pay    20           

                only the undisputed portion of property taxes if                

                the utility disputes the Tax Commissioner's        21           

                valuation, to provide for notification of any      22           

                disputes to be given to county auditors and                     

                affected taxing districts, and to allow            23           

                electricity generation plants and equipment to be  24           

                exempted from taxation under the enterprise zone   25           

                law even if they operate during nonpeak periods                 

                and for more than one-half of a year.              26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 3317.01, 3317.021, 3317.025,       30           

5709.61, 5727.08, 5727.47, and 5727.471 of the Revised Code be     31           

amended to read as follows:                                        32           

      Sec. 3317.01.  As used in this section and section 3317.011  41           

of the Revised Code, "school district," unless otherwise           42           

specified, means any city, local, exempted village, joint          43           

vocational, or cooperative education school district and any       45           

educational service center.                                                     

                                                          2      


                                                                 
      This chapter shall be administered by the state board of     47           

education.  The superintendent of public instruction shall         48           

calculate the amounts payable to each school district and shall    49           

certify the amounts payable to each eligible district to the       50           

treasurer of the district as provided by this chapter.  No moneys  51           

shall be distributed pursuant to this chapter without the          52           

approval of the controlling board.                                 53           

      The state board of education shall, in accordance with       55           

appropriations made by the general assembly, meet the financial    56           

obligations of this chapter.                                       57           

      Annually, the department of education shall calculate and    59           

report to each school district the district's total state and      60           

local funds for providing an adequate basic education to the       61           

district's nonhandicapped students, utilizing the determination    62           

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

department shall calculate and report separately for each school   64           

district the district's total state and local funds for providng   65           

PROVIDING an adequate education for its handicapped students,      67           

utilizing the determinations in both sections 3317.012 and                      

3317.013 of the Revised Code.                                      68           

      Not later than the thirty-first day of August of each        70           

fiscal year, the department of education shall provide to each     71           

school district and county MR/DD board a preliminary estimate of   72           

the amount of funding that the department calculates the district  73           

will receive under each of divisions (C)(1) and (5) of section     74           

3317.022 of the Revised Code.  No later than the first day of      75           

December of each fiscal year, the department shall update that     76           

preliminary estimate.                                                           

      Moneys distributed pursuant to this chapter shall be         78           

calculated and paid on a fiscal year basis, beginning with the     79           

first day of July and extending through the thirtieth day of       80           

June.  The moneys appropriated for each fiscal year shall be       81           

distributed at least monthly to each school district unless        82           

otherwise provided for.  The state board shall submit a yearly     83           

                                                          3      


                                                                 
distribution plan to the controlling board at its first meeting    85           

in July.  The state board shall submit any proposed midyear                     

revision of the plan to the controlling board in January.  Any     87           

year-end revision of the plan shall be submitted to the            88           

controlling board in June.  If moneys appropriated for each                     

fiscal year are distributed other than monthly, such distribution  89           

shall be on the same basis for each school district.               90           

      The total amounts paid each month shall constitute, as       92           

nearly as possible, one-twelfth of the total amount payable for    93           

the entire year.  Payments made during the first six months of     94           

the fiscal year may be based on an estimate of the amounts         95           

payable for the entire year.  Payments made in the last six        96           

months shall be based on the final calculation of the amounts      97           

payable to each school district for that fiscal year.  Payments    98           

made in the last six months may be adjusted, if necessary, to      99           

correct the amounts distributed in the first six months, and to    100          

reflect enrollment increases when such are at least three per      101          

cent.  Except as otherwise provided, payments under this chapter   102          

shall be made only to those school districts in which:             103          

      (A)  The school district, except for any educational         106          

service center and any joint vocational or cooperative education   107          

school district, levies for current operating expenses at least    108          

twenty mills.  Levies for joint vocational or cooperative          110          

education school districts or county school financing districts,   111          

limited to or to the extent apportioned to current expenses,       112          

shall be included in this qualification requirement.  School       113          

district income tax levies under Chapter 5748. of the Revised      114          

Code, limited to or to the extent apportioned to current           115          

operating expenses, shall be included in this qualification        116          

requirement to the extent determined by the tax commissioner       117          

under division (C)(D) of section 3317.021 of the Revised Code.     119          

      (B)  The school year next preceding the fiscal year for      121          

which such payments are authorized meets the requirement of        122          

section 3313.48 or 3313.481 of the Revised Code, with regard to    123          

                                                          4      


                                                                 
the minimum number of days or hours school must be open for        124          

instruction with pupils in attendance, for individualized          125          

parent-teacher conference and reporting periods, and for           126          

professional meetings of teachers.  This requirement shall be      127          

waived by the superintendent of public instruction if it had been  128          

necessary for a school to be closed because of disease epidemic,   129          

hazardous weather conditions, inoperability of school buses or     130          

other equipment necessary to the school's operation, damage to a   131          

school building, or other temporary circumstances due to utility   132          

failure rendering the school building unfit for school use,        133          

provided that for those school districts operating pursuant to     134          

section 3313.48 of the Revised Code the number of days the school  135          

was actually open for instruction with pupils in attendance and    136          

for individualized parent-teacher conference and reporting         137          

periods is not less than one hundred seventy-five, or for those    138          

school districts operating on a trimester plan the number of days  139          

the school was actually open for instruction with pupils in        140          

attendance not less than seventy-nine days in any trimester, for   141          

those school districts operating on a quarterly plan the number    142          

of days the school was actually open for instruction with pupils   143          

in attendance not less than fifty-nine days in any quarter, or     144          

for those school districts operating on a pentamester plan the     145          

number of days the school was actually open for instruction with   146          

pupils in attendance not less than forty-four days in any          147          

pentamester.                                                                    

      A school district shall not be considered to have failed to  149          

comply with this division or section 3313.481 of the Revised Code  150          

because schools were open for instruction but either twelfth       151          

grade students were excused from attendance for up to three days   152          

or only a portion of the kindergarten students were in attendance  153          

for up to three days in order to allow for the gradual             154          

orientation to school of such students.                            155          

      The superintendent of public instruction shall waive the     157          

requirements of this section with reference to the minimum number  158          

                                                          5      


                                                                 
of days or hours school must be in session with pupils in          159          

attendance for the school year succeeding the school year in       160          

which a board of education initiates a plan of operation pursuant  161          

to section 3313.481 of the Revised Code.  The minimum              162          

requirements of this section shall again be applicable to such a   163          

district beginning with the school year commencing the second      164          

July succeeding the initiation of one such plan, and for each      165          

school year thereafter.                                            166          

      A school district shall not be considered to have failed to  168          

comply with this division or section 3313.48 or 3313.481 of the    169          

Revised Code because schools were open for instruction but the     170          

length of the regularly scheduled school day, for any number of    171          

days during the school year, was reduced by not more than two      172          

hours due to hazardous weather conditions.                                      

      (C)  The school district has on file, and is paying in       174          

accordance with, a teachers' salary schedule which complies with   176          

section 3317.13 of the Revised Code.                                            

      A board of education or governing board of an educational    178          

service center which has not conformed with other law and the      180          

rules pursuant thereto, shall not participate in the distribution  181          

of funds authorized by sections 3317.022 to 3317.0211, 3317.11,    182          

3317.16, 3317.17, and 3317.19 of the Revised Code, except for      183          

good and sufficient reason established to the satisfaction of the  184          

state board of education and the state controlling board.          185          

      All funds allocated to school districts under this chapter,  187          

except those specifically allocated for other purposes, shall be   188          

used to pay current operating expenses only.                       189          

      Sec. 3317.021.  (A)  On or before the first day of June of   198          

each year, the tax commissioner shall certify to the department    199          

of education the following information for each city, exempted     200          

village, and local school district and the information required    201          

by divisions (A)(1) and (2) of this section for each joint         202          

vocational school district, and it shall be used, along with the   203          

information certified under division (B) of this section, in       204          

                                                          6      


                                                                 
making the computations for the district under section 3317.022    205          

or 3317.16 of the Revised Code:                                    206          

      (1)  The taxable value of real and public utility real       208          

property in the school district subject to taxation in the         209          

preceding tax year, by class and by county of location;            210          

      (2)  The taxable value of tangible personal property,        212          

including public utility personal property, subject to taxation    213          

by the district for the preceding tax year;                        214          

      (3)(a)  The total property tax rate and total taxes charged  216          

and payable for the current expenses for the preceding tax year    217          

and the total property tax rate and the total taxes charged and    218          

payable to a joint vocational district for the preceding tax year  219          

that are limited to or to the extent apportioned to current        220          

expenses;                                                          221          

      (b)  The portion of the amount of taxes charged and payable  223          

reported for each city, local, and exempted village school         224          

district under division (A)(3)(a) of this section attributable to  225          

a joint vocational school district.                                226          

      (4)  The value of all real and public utility real property  228          

in the school district exempted from taxation minus both of the    229          

following:                                                         230          

      (a)  The value of real and public utility real property in   232          

the district owned by the United States government and used        233          

exclusively for a public purpose;                                  234          

      (b)  The value of real and public utility real property in   236          

the district exempted from taxation under Chapter 725. or 1728.    237          

or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,  238          

5709.73, or 5709.78 of the Revised Code.                           239          

      (5)  The total effective operating tax rate for the          241          

district in the tax year for which the most recent data are        242          

available.                                                                      

      (B)  On or before the first day of May each year, the tax    244          

commissioner shall certify to the department of education the      245          

total taxable real property value of railroads and, separately,    246          

                                                          7      


                                                                 
the total taxable tangible personal property value of all public   247          

utilities for the preceding tax year, by school district and by    248          

county of location.                                                249          

      (C)  IF A PUBLIC UTILITY HAS PROPERLY AND TIMELY FILED A     251          

PETITION FOR REASSESSMENT UNDER SECTION 5727.47 OF THE REVISED     252          

CODE WITH RESPECT TO AN ASSESSMENT ISSUED UNDER SECTION 5727.23    253          

OF THE REVISED CODE AFFECTING TAXABLE PROPERTY APPORTIONED BY THE               

TAX COMMISSIONER TO A SCHOOL DISTRICT, THE TAXABLE VALUE OF        254          

PUBLIC UTILITY TANGIBLE PERSONAL PROPERTY INCLUDED IN THE          256          

CERTIFICATION UNDER DIVISIONS (A)(2) AND (B) OF THIS SECTION FOR   258          

THE SCHOOL DISTRICT SHALL INCLUDE ONLY THE AMOUNT OF TAXABLE                    

VALUE ON THE BASIS OF WHICH THE PUBLIC UTILITY PAID TAX FOR THE    260          

PRECEDING YEAR AS PROVIDED IN DIVISION (B)(1) OR (2) OF SECTION    262          

5727.47 OF THE REVISED CODE.                                                    

      (D)  If on the basis of the information certified under      264          

division (A) of this section, the department determines that any   265          

district fails in any year to meet the qualification requirement   266          

specified in division (A) of section 3317.01 of the Revised Code,  267          

the department shall immediately request the tax commissioner to   268          

determine the extent to which any school district income tax       269          

levied by the district under Chapter 5748. of the Revised Code     270          

shall be included in meeting that requirement.  Within five days   271          

of receiving such a request from the department, the tax           272          

commissioner shall make the determination required by this         273          

division and report the quotient obtained under division           275          

(C)(D)(3) of this section to the department.  This quotient        276          

represents the number of mills that the department shall include   277          

in determining whether the district meets the qualification        278          

requirement of division (A) of section 3317.01 of the Revised      279          

Code.                                                                           

      The tax commissioner shall make the determination required   281          

by this division as follows:                                       282          

      (1)  Multiply one mill times the total taxable value of the  284          

district as determined in divisions (A)(1) and (2) of this         285          

                                                          8      


                                                                 
section;                                                           286          

      (2)  Estimate the total amount of tax liability for the      288          

current tax year under taxes levied by Chapter 5748. of the        289          

Revised Code that are apportioned to current operating expenses    290          

of the district;                                                   291          

      (3)  Divide the amount estimated under division (C)(D)(2)    293          

of this section by the product obtained under division (C)(D)(1)   294          

of this section.                                                   296          

      (D)(E)  As used in this section:                             298          

      (1)  "Class I taxes charged and payable for current          301          

expenses" means taxes charged and payable for current expenses on               

land and improvements classified as residential/agricultural real  302          

property under section 5713.041 of the Revised Code.               304          

      (2)  "Class I taxable value" means the taxable value of      307          

land and improvements classified as residential/agricultural real  308          

property under section 5713.041 of the Revised Code.               309          

      (3)  "Class I effective operating tax rate" of a school      312          

district means the quotient obtained by dividing the school        313          

district's Class I taxes charged and payable for current expenses  314          

by the district's Class I taxable value.                                        

      (4)  "Income tax equivalent tax rate" of a school district   316          

means the quotient obtained by dividing the income tax revenue     318          

disbursed during the current fiscal year under any tax levied      320          

pursuant to Chapter 5748. of the Revised Code by total taxable     321          

value of the district to the extent the revenue from the tax is    322          

allocated or apportioned to current expenses.                      323          

      (5)  "Total effective operating tax rate" means the sum of   326          

the Class I effective operating tax rate and the income tax        328          

equivalent tax rate.                                                            

      Sec. 3317.025.  On or before the first day of June of each   337          

year, the tax commissioner shall certify the following             338          

information to the department of education, for each school        339          

district in which the value of the property described under        340          

division (A) of this section exceeds one per cent of the taxable   341          

                                                          9      


                                                                 
value of all real and tangible personal property in the district   342          

or in which is located tangible personal property designed for     343          

use or used in strip mining operations, whose taxable value        344          

exceeds five million dollars, and the taxes upon which the         345          

district is precluded from collecting by virtue of legal           346          

proceedings to determine the value of such property:               347          

      (A)  The total taxable value of all property in the          349          

district owned by a public utility or railroad that has filed a    350          

petition for reorganization under the "Bankruptcy Act," 47 Stat.   351          

1474 (1898), 11 U.S.C. 205, as amended, and all tangible personal  352          

property in the district designed for use or used in strip mining  353          

operations whose taxable value exceeds five million dollars upon   354          

which have not been paid in full on or before the first day of     355          

April of that calendar year all real and tangible personal         356          

property taxes levied for the preceding calendar year and which    357          

the district was precluded from collecting by virtue of            358          

proceedings under section 205 of said act or by virtue of legal    359          

proceedings to determine the tax liability of such strip mining    360          

equipment;                                                         361          

      (B)  The percentage of the total operating taxes charged     363          

and payable for school district purposes levied against such       364          

valuation for the preceding calendar year which have not been      365          

paid by such date;                                                 366          

      (C)  The product obtained by multiplying the value           368          

certified under division (A) of this section by the percentage     369          

certified under division (B) of this section.  If the value        371          

certified under division (A) of this section includes taxable      372          

property owned by a public utility or railroad that has filed a    373          

petition for reorganization under the bankruptcy act, the amount   374          

used in making the calculation under this division shall be        375          

reduced by one per cent of the total value of all real and         376          

tangible personal property in the district or the value of the     377          

utility's or railroad's property, whichever is less.               378          

      Upon receipt of the certification, the department shall      380          

                                                          10     


                                                                 
recompute the payments required under section 3317.022 of the      382          

Revised Code in the manner the payments would have been computed   383          

if:                                                                             

      (1)  The amount certified under division (C) of this         385          

section was not subject to taxation by the district and was not    386          

included in the certification made under division (A)(1), (A)(2),  387          

or (C)(D) of section 3317.021 of the Revised Code.                 388          

      (2)  The amount of taxes charged and payable and unpaid and  390          

used to make the computation under division (B) of this section    391          

had not been levied and had not been used in the computation       392          

required by division (B) of section 3317.021 of the Revised Code.  393          

The department shall pay the district that amount in the ensuing   394          

fiscal year in lieu of the amounts computed under section          396          

3317.022 of the Revised Code.                                      397          

      Sec. 5709.61.  As used in sections 5709.61 to 5709.69 of     406          

the Revised Code:                                                  407          

      (A)  "Enterprise zone" or "zone" means any of the            409          

following:                                                         410          

      (1)  An area with a single continuous boundary designated    412          

in the manner set forth in section 5709.62 or 5709.63 of the       413          

Revised Code and certified by the director of development as       414          

having a population of at least four thousand according to the     415          

best and most recent data available to the director and having at  416          

least two of the following characteristics:                        417          

      (a)  It is located in a municipal corporation defined by     419          

the United States office of management and budget as a central     420          

city of a metropolitan statistical area;                           421          

      (b)  It is located in a county designated as being in the    423          

"Appalachian region" under the "Appalachian Regional Development   424          

Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;        425          

      (c)  Its average rate of unemployment, during the most       427          

recent twelve-month period for which data are available, is equal  428          

to at least one hundred twenty-five per cent of the average rate   429          

of unemployment for the state of Ohio for the same period;         430          

                                                          11     


                                                                 
      (d)  There is a prevalence of commercial or industrial       432          

structures in the area that are vacant or demolished, or are       433          

vacant and the taxes charged thereon are delinquent, and           434          

certification of the area as an enterprise zone would likely       435          

result in the reduction of the rate of vacant or demolished        436          

structures or the rate of tax delinquency in the area;             437          

      (e)  The population of all census tracts in the area,        439          

according to the federal census of 1990, decreased by at least     440          

ten per cent between the years 1970 and 1990;                      441          

      (f)  At least fifty-one per cent of the residents of the     443          

area have incomes of less than eighty per cent of the median       444          

income of residents of the municipal corporation or municipal      445          

corporations in which the area is located, as determined in the    446          

same manner specified under section 119(b) of the "Housing and     447          

Community Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318,  448          

as amended;                                                        449          

      (g)  The area contains structures previously used for        451          

industrial purposes but currently not so used due to age,          452          

obsolescence, deterioration, relocation of the former occupant's   453          

operations, or cessation of operations resulting from unfavorable  454          

economic conditions either generally or in a specific economic     455          

sector;                                                            456          

      (h)  It is located within one or more adjacent city, local,  459          

or exempted village school districts, the income-weighted tax      460          

capacity of each of which is less than seventy per cent of the     461          

average of the income-weighted tax capacity of all city, local,    462          

or exempted village school districts in the state according to     463          

the most recent data available to the director from the            464          

department of taxation.                                                         

      The director of development shall adopt rules in accordance  466          

with Chapter 119. of the Revised Code establishing conditions      467          

constituting the characteristics described in divisions            468          

(A)(1)(d), (g), and (h) of this section.                           469          

      If an area could not be certified as an enterprise zone      471          

                                                          12     


                                                                 
unless it satisfied division (A)(1)(g) of this section, the        472          

legislative authority may enter into agreements in that zone       473          

under section 5709.62, 5709.63, or 5709.632 of the Revised Code    474          

only if such agreements result in the development of the           475          

facilities described in that division, the parcel of land on       476          

which such facilities are situated, or adjacent parcels.  The      477          

director of development annually shall review all agreements in    478          

such zones to determine whether the agreements have resulted in    479          

such development; if the director determines that the agreements   480          

have not resulted in such development, the director immediately    481          

shall revoke certification of the zone and notify the legislative  482          

authority of such revocation.  Any agreements entered into prior   483          

to revocation under this paragraph shall continue in effect for    484          

the period provided in the agreement.                              485          

      (2)  An area with a single continuous boundary designated    487          

in the manner set forth in section 5709.63 of the Revised Code     488          

and certified by the director of development as:                   489          

      (a)  Being located within a county that contains a           491          

population of three hundred thousand or less;                      492          

      (b)  Having a population of at least one thousand according  494          

to the best and most recent data available to the director;        495          

      (c)  Having at least two of the characteristics described    497          

in divisions (A)(1)(b) to (h) of this section.                     498          

      (3)  An area with a single continuous boundary designated    500          

in the manner set forth under division (A)(1) of section 5709.632  501          

of the Revised Code and certified by the director of development   502          

as having a population of at least four thousand, or under         503          

division (A)(2) of that section and certified as having a          504          

population of at least one thousand, according to the best and     505          

most recent data available to the director.                        506          

      (B)  "Enterprise" means any form of business organization    508          

including, but not limited to, any partnership, sole               509          

proprietorship, or corporation, including an S corporation as      510          

defined in section 1361 of the Internal Revenue Code and any       511          

                                                          13     


                                                                 
corporation that is majority work-owned either directly through    512          

the ownership of stock or indirectly through participation in an   513          

employee stock ownership plan.                                     514          

      (C)  "Facility" means an enterprise's place of business in   516          

a zone, including land, buildings, machinery, equipment, and       517          

other materials, except inventory, used in business.  "Facility"   518          

includes land, buildings, machinery, production and station        519          

equipment, other equipment, and other materials, except            521          

inventory, used in business to generate electricity that is        522          

designed and intended to operate during peak load periods and to                

generate electricity during no more than four thousand three       523          

hundred fifty hours in a calendar year, provided that, for         524          

purposes of sections 5709.61 to 5709.69 of the Revised Code, the   525          

value of the property at such a facility shall be reduced by the   527          

value, if any, that is not apportioned under section 5727.15 of    528          

the Revised Code to the taxing district in which the facility is   529          

physically located.  In the case of such a facility that is        530          

physically located in two adjacent taxing districts, the property  531          

located in each taxing district constitutes a separate facility.   533          

      "Facility" does not include any portion of an enterprise's   535          

place of business used primarily for making retail sales unless    537          

the place of business is located in an impacted city as defined    538          

in section 1728.01 of the Revised Code.                            539          

      (D)  "Vacant facility" means a facility that has been        541          

vacant for at least ninety days immediately preceding the date on  542          

which an agreement is entered into under section 5709.62 or        543          

5709.63 of the Revised Code.                                       544          

      (E)  "Expand" means to make expenditures to add land,        546          

buildings, machinery, equipment, or other materials, except        547          

inventory, to a facility that equal at least ten per cent of the   548          

market value of the facility prior to such expenditures, as        549          

determined for the purposes of local property taxation.            550          

      (F)  "Renovate" means to make expenditures to alter or       552          

repair a facility that equal at least fifty per cent of the        553          

                                                          14     


                                                                 
market value of the facility prior to such expenditures, as        554          

determined for the purposes of local property taxation.            555          

      (G)  "Occupy" means to make expenditures to alter or repair  557          

a vacant facility equal to at least twenty per cent of the market  558          

value of the facility prior to such expenditures, as determined    559          

for the purposes of local property taxation.                       560          

      (H)  "Project site" means all or any part of a facility      562          

that is newly constructed, expanded, renovated, or occupied by an  563          

enterprise.                                                        564          

      (I)  "Project" means any undertaking by an enterprise to     566          

establish a facility or to improve a project site by expansion,    567          

renovation, or occupancy.                                          568          

      (J)  "Position" means the position of one full-time          570          

employee performing a particular set of tasks and duties.          571          

      (K)  "Full-time employee" means an individual who is         573          

employed for consideration by an enterprise for at least           574          

thirty-five hours a week, or who renders any other standard of     575          

service generally accepted by custom or specified by contract as   576          

full-time employment.                                              577          

      (L)  "New employee" means a full-time employee first         579          

employed by an enterprise at a facility that is a project site     580          

after the enterprise enters an agreement under section 5709.62 or  581          

5709.63 of the Revised Code.  "New employee" does not include an   582          

employee if, immediately prior to being employed by the            583          

enterprise, the employee was employed by an enterprise that is a   584          

related member or predecessor enterprise of that enterprise.       585          

      (M)  "Unemployed person" means any person who is totally     587          

unemployed in this state, as that term is defined in division (M)  588          

of section 4141.01 of the Revised Code, for at least ten           589          

consecutive weeks immediately preceding that person's employment   591          

at a facility that is a project site, or who is so unemployed for  592          

at least twenty-six of the fifty-two weeks immediately preceding   593          

that person's employment at such a facility.                       595          

      (N)  "JTPA eligible employee" means any individual who is    597          

                                                          15     


                                                                 
eligible for employment or training under the "Job Training        598          

Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as         599          

amended.                                                                        

      (O)  "First used in business" means that the property        601          

referred to has not been used in business in this state by the     602          

enterprise that owns it, or by an enterprise that is a related     603          

member or predecessor enterprise of such an enterprise, other      604          

than as inventory, prior to being used in business at a facility   605          

as the result of a project.                                        606          

      (P)  "Training program" means any noncredit training         608          

program or course of study that is offered by any state college    609          

or university; university branch district; community college;      610          

technical college; nonprofit college or university certified       611          

under section 1713.02 of the Revised Code; school district; joint  612          

vocational school district; school registered and authorized to    613          

offer programs under section 3332.05 of the Revised Code; an       614          

entity administering any federal, state, or local adult education  615          

and training program; or any enterprise; and that meets all of     616          

the following requirements:                                        617          

      (1)  It is approved by the director of development;          619          

      (2)  It is established or operated to satisfy the need of a  621          

particular industry or enterprise for skilled or semi-skilled      622          

employees;                                                         623          

      (3)  An individual is required to complete the course or     625          

program before filling a position at a project site.               626          

      (Q)  "Development" means to engage in the process of         628          

clearing and grading land, making, installing, or constructing     629          

water distribution systems, sewers, sewage collection systems,     630          

steam, gas, and electric lines, roads, curbs, gutters, sidewalks,  631          

storm drainage facilities, and construction of other facilities    632          

or buildings equal to at least fifty per cent of the market value  633          

of the facility prior to the expenditures, as determined for the   634          

purposes of local property taxation.                               635          

      (R)  "Large manufacturing facility" means a single Ohio      637          

                                                          16     


                                                                 
facility that employed an average of at least one thousand         638          

individuals during the five calendar years preceding an agreement  640          

authorized under division (C)(3) of section 5709.62 or division    641          

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

this division, both of the following apply:                        642          

      (1)  A single Ohio manufacturing facility employed an        645          

average of at least one thousand individuals during the five       646          

calendar years preceding entering into such an agreement if        647          

one-fifth of the sum of the number of employees employed on the    648          

highest employment day during each of the five calendar years      649          

equals or exceeds one thousand.                                    650          

      (2)  The highest employment day is the day or days during a  653          

calendar year on which the number of employees employed at a                    

single Ohio manufacturing facility was greater than on any other   655          

day during the calendar year.                                                   

      (S)  "Business cycle" means the cycle of business activity   657          

usually regarded as passing through alternating stages of          658          

prosperity and depression.                                         659          

      (T)  "Making retail sales" means the effecting of            661          

transactions wherein one party is obligated to pay the price and   662          

the other party is obligated to provide a service or to transfer   663          

title to or possession of the item sold.                           664          

      (U)  "Environmentally contaminated" means that hazardous     666          

substances exist at a facility under conditions that have caused   667          

or would cause the facility to be identified as contaminated by    668          

the state or federal environmental protection agency.  These may   669          

include facilities located at sites identified in the master       670          

sites list or similar database maintained by the state             671          

environmental protection agency if the sites have been             672          

investigated by the agency and found to be contaminated.           673          

      (V)  "Remediate" means to make expenditures to clean up an   675          

environmentally contaminated facility so that it is no longer      676          

environmentally contaminated that equal at least ten per cent of   677          

the real property market value of the facility prior to such       678          

                                                          17     


                                                                 
expenditures as determined for the purposes of property taxation.  679          

      (W)  "Related member" has the same meaning as defined in     681          

section 5733.042 of the Revised Code without regard to division    682          

(B) of that section, except that it is used with respect to an     683          

enterprise rather than a taxpayer.                                 684          

      (X)  "Predecessor enterprise" means an enterprise from       686          

which the assets or equity of another enterprise has been          687          

transferred, which transfer resulted in the full or partial        688          

nonrecognition of gain or loss, or resulted in a carryover basis,  689          

both as determined by rule adopted by the tax commissioner.        690          

      (Y)  "Successor enterprise" means an enterprise to which     692          

the assets or equity of another enterprise has been transferred,   693          

which transfer resulted in the full or partial nonrecognition of   694          

gain or loss, or resulted in a carryover basis, both as            695          

determined by rule adopted by the tax commissioner.                696          

      Sec. 5727.08.  On or before the first day of March,          705          

annually, each public utility shall file a report with the tax     706          

commissioner, on a form prescribed by him THE TAX COMMISSIONER.    707          

The report shall include such information as the TAX commissioner  709          

requires to enable him THE TAX COMMISSIONER to make any            711          

assessment or apportionment required under this chapter.           713          

      Such THE report shall be signed by either the owner of the   715          

public utility or the president, secretary, treasurer, or another  716          

duly authorized person.                                            717          

      If a public utility fails to file the report on or before    719          

the first day of March, or the date it is due under an extension   720          

allowed pursuant to section 5727.48 of the Revised Code, or fails  721          

to accurately report all taxable property, the TAX commissioner    723          

shall MAY impose a penalty of up to fifty per cent of the taxable  724          

value of the property that was not timely or accurately reported.  727          

However, if such THE public utility files, within sixty days       728          

after the first day of March or the extended due date, the report  729          

or an amended report and discloses all items of taxable property   730          

that are required by this chapter to be reported, the penalty      732          

                                                          18     


                                                                 
shall be up to NOT BE MORE THAN five per cent of the taxable       733          

value that was not timely or accurately reported.  The penalty     736          

shall be added to and considered a part of the total taxable       738          

value of the property that was not timely or accurately reported,  739          

and may be abated in whole or in part by the tax commissioner      741          

pursuant to a petition for reassessment filed under section        742          

5727.47 of the Revised Code.                                                    

      Sec. 5727.47.  (A)  A copy of each assessment certified      751          

pursuant to section 5727.23 or 5727.38 of the Revised Code shall   753          

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

prima-facie evidence of its receipt by the public utility to       754          

which it is addressed.  If a public utility objects to any         755          

assessment certified to it pursuant to such sections, it may file  756          

a petition for reassessment with the tax commissioner.  The        757          

petition must be made in writing, signed by the authorized agent   758          

of the utility having knowledge of the facts, and filed with the   759          

TAX commissioner, in person or by certified mail, within thirty    760          

days from the date that the assessment was mailed.  If the         762          

petition is filed by certified mail, the date of the United        763          

States postmark placed on the sender's receipt by the postal       764          

employee to whom the petition is presented shall be treated as     765          

the date of filing.  A true copy of the assessment objected to     766          

shall be attached to the petition and shall be incorporated by     767          

reference into the petition, but the failure to attach a copy of   768          

the assessment and incorporate it by reference does not            769          

invalidate the petition.  The petition also shall indicate the     770          

utility's objections, but additional objections may be raised in   771          

writing if received prior to the date shown on the final           772          

determination by the commissioner.                                              

      Notwithstanding the fact that a petition has been filed, IN  775          

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

WITH RESPECT TO AN ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE  776          

REVISED CODE, THE PETITIONER SHALL STATE IN THE PETITION THE       778          

TOTAL AMOUNT OF REDUCTION IN TAXABLE VALUE SOUGHT BY THE           779          

                                                          19     


                                                                 
PETITIONER.  IF THE PETITIONER OBJECTS TO THE PERCENTAGE OF TRUE   780          

VALUE AT WHICH TAXABLE PROPERTY IS ASSESSED BY THE TAX             781          

COMMISSIONER, THE PETITIONER SHALL STATE IN THE PETITION THE                    

TOTAL AMOUNT OF REDUCTION IN TAXABLE VALUE SOUGHT BOTH WITH AND    783          

WITHOUT REGARD TO THE OBJECTION PERTAINING TO THE PERCENTAGE OF    784          

TRUE VALUE AT WHICH ITS TAXABLE PROPERTY IS ASSESSED.  IF A        786          

PETITIONER OBJECTS TO THE TAX COMMISSIONER'S APPORTIONMENT OF THE  787          

TAXABLE VALUE OF THE PETITIONER'S TAXABLE PROPERTY, THE            788          

PETITIONER SHALL DISTINCTLY STATE IN THE PETITION THAT THE         789          

PETITIONER OBJECTS TO THE TAX COMMISSIONER'S APPORTIONMENT, AND,   790          

WITHIN FORTY-FIVE DAYS AFTER FILING THE PETITION FOR               791          

REASSESSMENT, SHALL SUBMIT THE PETITIONER'S PROPOSED               792          

APPORTIONMENT OF THE TAXABLE VALUE OF ITS TAXABLE PROPERTY AMONG   793          

TAXING DISTRICTS.  IF A PETITIONER THAT OBJECTS TO THE TAX         794          

COMMISSIONER'S APPORTIONMENT FAILS TO STATE ITS OBJECTIONS TO      795          

THAT APPORTIONMENT IN ITS PETITION FOR REASSESSMENT OR FAILS TO    796          

SUBMIT ITS PROPOSED APPORTIONMENT WITHIN FORTY-FIVE DAYS AFTER     797          

FILING THE PETITION FOR REASSESSMENT, THE TAX COMMISSIONER SHALL   798          

DISMISS THE PETITIONER'S OBJECTION TO THE TAX COMMISSIONER'S       799          

APPORTIONMENT, AND THE TAXABLE VALUE OF THE PETITIONER'S TAXABLE   800          

PROPERTY, SUBJECT TO ANY ADJUSTMENT TO TAXABLE VALUE PURSUANT TO   801          

THE PETITION OR APPEAL, SHALL BE APPORTIONED IN THE MANNER USED    802          

BY THE TAX COMMISSIONER IN THE PRELIMINARY OR AMENDED PRELIMINARY  803          

ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE REVISED CODE.       804          

      IF AN ADDITIONAL OBJECTION SEEKING A REDUCTION IN TAXABLE    806          

VALUE IN EXCESS OF THE REDUCTION STATED IN THE ORIGINAL PETITION   807          

IS PROPERLY AND TIMELY RAISED WITH RESPECT TO AN ASSESSMENT        808          

ISSUED UNDER SECTION 5727.23 OF THE REVISED CODE, THE PETITIONER   809          

SHALL STATE THE TOTAL AMOUNT OF THE REDUCTION IN TAXABLE VALUE     810          

SOUGHT IN THE ADDITIONAL OBJECTION BOTH WITH AND WITHOUT REGARD    811          

TO ANY REDUCTION IN TAXABLE VALUE PERTAINING TO THE PERCENTAGE OF  813          

TRUE VALUE AT WHICH TAXABLE PROPERTY IS ASSESSED.  IF A            814          

PETITIONER FAILS TO STATE THE REDUCTION IN TAXABLE VALUE SOUGHT    815          

IN THE ORIGINAL PETITION OR IN ADDITIONAL OBJECTIONS PROPERLY      816          

                                                          20     


                                                                 
RAISED AFTER THE PETITION IS FILED, THE TAX COMMISSIONER SHALL     817          

NOTIFY THE PETITIONER OF THE FAILURE BY CERTIFIED MAIL.  IF THE    818          

PETITIONER FAILS TO NOTIFY THE TAX COMMISSIONER IN WRITING OF THE  819          

REDUCTION IN TAXABLE VALUE SOUGHT IN THE PETITION OR IN AN         820          

ADDITIONAL OBJECTION WITHIN THIRTY DAYS AFTER RECEIVING THE TAX    821          

COMMISSIONER'S NOTICE, THE TAX COMMISSIONER SHALL DISMISS THE      822          

PETITION OR THE ADDITIONAL OBJECTION IN WHICH THAT REDUCTION IS    823          

SOUGHT.                                                                         

      (B)(1)  SUBJECT TO DIVISIONS (B)(2) AND (3) OF THIS          825          

SECTION, A PUBLIC UTILITY FILING A PETITION FOR REASSESSMENT       827          

REGARDING AN ASSESSMENT ISSUED UNDER SECTION 5727.23 OR 5727.38    828          

OF THE REVISED CODE SHALL PAY the tax with respect to the          829          

assessment objected to shall be paid as required by law.  The      830          

acceptance of the ANY tax payment by the treasurer of state or     832          

any county treasurer shall not prejudice any claim for taxes on    833          

final determination by the TAX commissioner or final decision by   834          

the board of tax appeals or any court.                                          

      (2)  IF A PUBLIC UTILITY PROPERLY AND TIMELY FILES A         836          

PETITION FOR REASSESSMENT REGARDING AN ASSESSMENT ISSUED UNDER     837          

SECTION 5727.23 OF THE REVISED CODE, THE PETITIONER SHALL PAY THE  838          

TAX AS PRESCRIBED BY DIVISIONS (B)(2)(a), (b), AND (c) OF THIS     840          

SECTION:                                                                        

      (a)  IF THE PETITIONER DOES NOT OBJECT TO THE TAX            842          

COMMISSIONER'S APPORTIONMENT OF THE TAXABLE VALUE OF THE           844          

PETITIONER'S TAXABLE PROPERTY, THE PETITIONER IS NOT REQUIRED TO   846          

PAY THE PART OF THE TAX OTHERWISE DUE ON THE TAXABLE VALUE THAT    847          

THE PETITIONER SEEKS TO HAVE REDUCED, SUBJECT TO DIVISION          848          

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

      (b)  IF THE PETITIONER OBJECTS TO THE TAX COMMISSIONER'S     850          

APPORTIONMENT OF THE TAXABLE VALUE OF THE PETITIONER'S TAXABLE     851          

PROPERTY, THE PETITIONER IS NOT REQUIRED TO PAY THE TAX OTHERWISE  853          

DUE ON THE PART OF THE TAXABLE VALUE APPORTIONED TO ANY TAXING     854          

DISTRICT THAT THE PETITIONER OBJECTS TO, SUBJECT TO DIVISION       855          

(B)(2)(c) OF THIS SECTION.  IF, PURSUANT TO DIVISION (A) OF THIS   856          

                                                          21     


                                                                 
SECTION, THE PETITIONER HAS, IN A PROPER AND TIMELY MANNER,        857          

APPORTIONED TAXABLE VALUE TO A TAXING DISTRICT TO WHICH THE TAX    858          

COMMISSIONER DID NOT APPORTION THE PETITIONER'S TAXABLE VALUE,     859          

THE PETITIONER SHALL PAY THE TAX DUE ON THE TAXABLE VALUE THAT     860          

THE PETITIONER HAS APPORTIONED TO THE TAXING DISTRICT, SUBJECT TO  861          

DIVISION (B)(2)(c) OF THIS SECTION.                                862          

      (c)  IF A PETITIONER OBJECTS TO THE PERCENTAGE OF TRUE       864          

VALUE AT WHICH TAXABLE PROPERTY IS ASSESSED BY THE TAX             865          

COMMISSIONER, THE PETITIONER SHALL PAY THE TAX DUE ON THE BASIS    867          

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

TAXABLE PROPERTY IS ASSESSED BY THE TAX COMMISSIONER.  IN ANY      869          

CASE, THE PETITIONER'S PAYMENT OF TAX SHALL NOT BE LESS THAN THE   870          

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

LAST APPEAL NOTICE ISSUED BY THE TAX COMMISSIONER UNDER DIVISION   871          

(C) OF THIS SECTION.  UNTIL THE COUNTY AUDITOR RECEIVES            873          

NOTIFICATION UNDER DIVISION (E) OF THIS SECTION AND PROCEEDS       874          

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      875          

REFUND FOR ANY INCREASE IN THE REDUCTION IN TAXABLE VALUE THAT IS  876          

SOUGHT BY A PETITIONER LATER THAN FORTY-FIVE DAYS AFTER THE        877          

PETITIONER FILES THE ORIGINAL PETITION AS REQUIRED UNDER DIVISION  878          

(A) OF THIS SECTION.                                               879          

      (3)  ANY PART OF THE TAX THAT, UNDER DIVISION (B)(2)(a) OR   882          

(b) OF THIS SECTION, IS NOT PAID SHALL BE COLLECTED UPON RECEIPT   885          

OF THE NOTIFICATION AS PROVIDED IN SECTION 5727.471 OF THE                      

REVISED CODE WITH INTEREST THEREON COMPUTED IN THE SAME MANNER AS  886          

INTEREST IS COMPUTED UNDER DIVISION (E) OF SECTION 5715.19 OF THE  887          

REVISED CODE, SUBJECT TO ANY CORRECTION OF THE ASSESSMENT BY THE   890          

TAX COMMISSIONER UNDER DIVISION (E) OF THIS SECTION OR THE FINAL   891          

JUDGMENT OF THE BOARD OF TAX APPEALS OR A COURT TO WHICH THE       892          

BOARD'S FINAL JUDGMENT IS APPEALED.  THE PENALTY IMPOSED UNDER     894          

SECTION 323.121 OF THE REVISED CODE SHALL APPLY ONLY TO THE        895          

UNPAID PORTION OF THE TAX IF THE PETITIONER'S TAX PAYMENT IS LESS  896          

THAN THE AMOUNT OF TAX DUE BASED ON THE TAXABLE VALUE REFLECTED    897          

                                                          22     


                                                                 
ON THE LAST APPEAL NOTICE ISSUED BY THE TAX COMMISSIONER UNDER     898          

DIVISION (C) OF THIS SECTION.                                      899          

      (C)  Upon receipt of a properly filed petition FOR           901          

REASSESSMENT, the TAX commissioner shall notify the treasurer of   903          

state or the auditor of each county to which the assessment        904          

objected to has been certified.  IN THE CASE OF A PETITION WITH    905          

RESPECT TO AN ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE       906          

REVISED CODE, THE TAX COMMISSIONER SHALL ISSUE AN APPEAL NOTICE    907          

WITHIN THIRTY DAYS AFTER RECEIVING THE AMOUNT OF THE TAXABLE       908          

VALUE REDUCTION AND APPORTIONMENT CHANGES SOUGHT BY THE            909          

PETITIONER IN THE ORIGINAL PETITION OR IN ANY ADDITIONAL           910          

OBJECTIONS PROPERLY AND TIMELY RAISED BY THE PETITIONER.  THE      911          

APPEAL NOTICE SHALL INDICATE THE AMOUNT OF THE REDUCTION IN        913          

TAXABLE VALUE SOUGHT IN THE PETITION OR IN THE ADDITIONAL          914          

OBJECTIONS AND THE EXTENT TO WHICH THE REDUCTION IN TAXABLE VALUE  915          

AND ANY CHANGE IN APPORTIONMENT REQUESTED BY THE PETITIONER WOULD  917          

AFFECT THE TAX COMMISSIONER'S APPORTIONMENT OF THE TAXABLE VALUE   918          

AMONG TAXING DISTRICTS IN THE COUNTY AS SHOWN IN THE ASSESSMENT.   919          

IF A PETITIONER IS SEEKING A REDUCTION IN TAXABLE VALUE ON THE     920          

BASIS OF A LOWER PERCENTAGE OF TRUE VALUE THAN THE PERCENTAGE AT   921          

WHICH THE TAX COMMISSIONER ASSESSED THE PETITIONER'S TAXABLE       922          

PROPERTY, THE APPEAL NOTICE SHALL INDICATE THE REDUCTION IN        923          

TAXABLE VALUE SOUGHT BY THE PETITIONER WITHOUT REGARD TO THE       924          

REDUCTION SOUGHT ON THE BASIS OF THE LOWER PERCENTAGE AND SHALL    925          

INDICATE THAT THE PETITIONER IS REQUIRED TO PAY TAX ON THE         926          

REDUCED TAXABLE VALUE DETERMINED WITHOUT REGARD TO THE REDUCTION   927          

SOUGHT ON THE BASIS OF A LOWER PERCENTAGE OF TRUE VALUE, AS        928          

PROVIDED UNDER DIVISION (B)(2)(c) OF THIS SECTION.  THE APPEAL     930          

NOTICE SHALL INCLUDE A STATEMENT THAT THE REDUCED TAXABLE VALUE    931          

AND THE APPORTIONMENT INDICATED IN THE NOTICE ARE NOT FINAL AND    932          

ARE SUBJECT TO ADJUSTMENT BY THE TAX COMMISSIONER OR BY THE BOARD  933          

OF TAX APPEALS OR A COURT ON APPEAL.  IF THE TAX COMMISSIONER      935          

FINDS AN ERROR IN THE APPEAL NOTICE, THE TAX COMMISSIONER MAY      936          

AMEND THE NOTICE, BUT THE NOTICE IS ONLY FOR INFORMATIONAL AND     937          

                                                          23     


                                                                 
TAX PAYMENT PURPOSES; THE NOTICE IS NOT SUBJECT TO APPEAL BY ANY   938          

PERSON.  THE TAX COMMISSIONER ALSO SHALL MAIL A COPY OF THE        939          

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

AUTHORITY, THE COUNTY AUDITOR MAY DISCLOSE TO THE TAXING           941          

AUTHORITY THE EXTENT TO WHICH A REDUCTION IN TAXABLE VALUE SOUGHT  942          

BY A PETITIONER WOULD AFFECT THE APPORTIONMENT OF TAXABLE VALUE    943          

TO THE TAXING DISTRICT OR DISTRICTS UNDER THE TAXING AUTHORITY'S   944          

JURISDICTION, BUT SUCH A DISCLOSURE DOES NOT CONSTITUTE A NOTICE   945          

REQUIRED BY LAW TO BE GIVEN FOR THE PURPOSE OF SECTION 5717.02 OF  946          

THE REVISED CODE.                                                               

      (D)  Unless the petitioner waives a hearing, the             948          

commissioner shall assign a time and place for the hearing on the  949          

petition and notify the petitioner of the time and place of the    950          

hearing by personal service or certified mail, but the             951          

commissioner may continue the hearing from time to time if         952          

necessary.                                                                      

      (E)  The TAX commissioner may make such correction to the    954          

assessment as the TAX commissioner finds proper.  The TAX          956          

commissioner shall serve a copy of the commissioner's final        959          

determination on the petitioner by personal service or certified   960          

mail, and the TAX commissioner's decision in the matter shall be   961          

final, subject to appeal as provided in section 5717.02 of the     962          

Revised Code.  The TAX commissioner also shall transmit a copy of  963          

the final determination to the treasurer of state or applicable    965          

county auditor.  In the absence of any further appeal, or when a   966          

decision of the board of tax appeals or of any court to which the  967          

decision has been appealed becomes final, the TAX commissioner     968          

shall notify the public utility and, as appropriate, the           969          

treasurer of state who shall proceed under section 5727.42 of the  970          

Revised Code, or the applicable county auditor who shall proceed   971          

under section 5727.471 of the Revised Code.  The IN ANY            973          

NOTIFICATION REGARDING AN ASSESSMENT ISSUED UNDER SECTION 5727.23  974          

OF THE REVISED CODE, THE TAX COMMISSIONER SHALL INCLUDE A NOTICE   975          

OF THE AMOUNT OF ANY STATE BASIC AID OVERPAYMENT, AS DEFINED IN    976          

                                                          24     


                                                                 
SECTION 5727.471 OF THE REVISED CODE, TO A SCHOOL DISTRICT         977          

AFFECTED BY THE NOTIFICATION.  UPON THE TAX COMMISSIONER'S         978          

REQUEST, THE DEPARTMENT OF EDUCATION SHALL CERTIFY TO THE TAX      979          

COMMISSIONER THE AMOUNT OF ANY STATE BASIC AID OVERPAYMENT TO A    980          

SCHOOL DISTRICT.                                                                

      THE notification MADE UNDER THIS DIVISION is not subject to  983          

further appeal.                                                                 

      (F)  ON APPEAL, NO ADJUSTMENT SHALL BE MADE IN THE TAX       985          

COMMISSIONER'S ASSESSMENT ISSUED UNDER SECTION 5727.23 OF THE      986          

REVISED CODE THAT REDUCES THE TAXABLE VALUE OF A PETITIONER'S      987          

TAXABLE PROPERTY BY AN AMOUNT THAT EXCEEDS THE REDUCTION SOUGHT    988          

BY THE PETITIONER IN ITS PETITION FOR REASSESSMENT OR IN ANY       989          

ADDITIONAL OBJECTIONS PROPERLY AND TIMELY RAISED AFTER THE         990          

PETITION IS FILED WITH THE TAX COMMISSIONER.                       991          

      Sec. 5727.471.  (A)  As used in this section,                1,001        

"notification:                                                                  

      (1)  "NOTIFICATION" means notification required by section   1,003        

5727.47 of the Revised Code to be sent by the tax commissioner to  1,004        

the county auditor as to the disposition of a petition for         1,005        

reassessment, or of a decision of the board of tax appeals or any  1,006        

court with respect to an assessment of public utility property     1,007        

taxes.                                                                          

      (2)  "STATE BASIC AID OVERPAYMENT" FOR A SCHOOL DISTRICT     1,009        

MEANS THE AMOUNT BY WHICH THE PAYMENT COMPUTED FOR A FISCAL YEAR   1,010        

UNDER SECTION 3317.022 OF THE REVISED CODE EXCEEDS THE AMOUNT      1,011        

THAT WOULD HAVE BEEN COMPUTED FOR THAT FISCAL YEAR IF THE TAXABLE  1,012        

VALUE CERTIFIED UNDER DIVISION (A)(2) AND (B) OF SECTION 3317.021  1,013        

OF THE REVISED CODE FOR THE TAX YEAR PRECEDING THAT FISCAL YEAR    1,014        

HAD BEEN THE TAXABLE VALUE SHOWN IN THE NOTIFICATION FOR THAT TAX  1,015        

YEAR.                                                                           

      (B)  On receipt of the notification, the auditor shall       1,017        

determine whether there has been an underpayment or overpayment    1,018        

of taxes by the public utility.  In the case of an underpayment    1,019        

of taxes, the auditor shall notify the county treasurer of the     1,020        

                                                          25     


                                                                 
amount, and the treasurer shall proceed to collect the             1,021        

underpayment as required by law.  In FROM THE PROCEEDS OF THE      1,023        

UNDERPAYMENT SO COLLECTED THAT ARE OTHERWISE PAYABLE TO A CITY,    1,024        

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, THE COUNTY TREASURER   1,025        

SHALL DEDUCT AND WITHHOLD AN AMOUNT EQUAL TO THE STATE BASIC AID   1,026        

OVERPAYMENT, IF ANY, TO THE SCHOOL DISTRICT, PLUS INTEREST ON      1,027        

THAT AMOUNT AT THE RATE PRESCRIBED BY SECTION 5703.47 OF THE       1,028        

REVISED CODE FROM THE LAST DAY OF THE FISCAL YEAR FOR WHICH THE    1,029        

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

COLLECTED.  THE COUNTY TREASURER SHALL PAY THE AMOUNT DEDUCTED     1,030        

AND WITHHELD TO THE TREASURER OF STATE, WHO SHALL CREDIT THE       1,031        

PAYMENT TO THE GENERAL REVENUE FUND.  IF THE STATE BASIC AID       1,032        

OVERPAYMENT AND INTEREST EXCEEDS THE AMOUNT OF THE TAX             1,033        

UNDERPAYMENT COLLECTED THAT IS OTHERWISE PAYABLE TO THE SCHOOL     1,034        

DISTRICT, THE COUNTY TREASURER SHALL COLLECT THE DIFFERENCE FROM   1,035        

THE SCHOOL DISTRICT OR DEDUCT AND WITHHOLD THE DIFFERENCE FROM     1,036        

THE NEXT DISTRIBUTION OR ADVANCE PAYMENT OF PROPERTY TAXES TO THE  1,037        

DISTRICT, AND SHALL PAY THAT DIFFERENCE TO THE TREASURER OF        1,038        

STATE, WHO SHALL CREDIT THE PAYMENT TO THE GENERAL REVENUE FUND.   1,039        

      IN the case of an overpayment of taxes, the auditor shall    1,042        

do any one of the following:                                                    

      (1)  Refund the full amount of the overpayment;              1,044        

      (2)  Refund a portion of the overpayment and prorate the     1,046        

remaining balance as a credit against future taxes that may be     1,047        

charged to the public utility;                                     1,048        

      (3)  Prorate the full amount of the overpayment as a credit  1,050        

against future taxes that may be charged to the public utility.    1,051        

      (C)(1)  The auditor shall have discretion as to which        1,053        

method to use and shall advise the public utility of his THE       1,054        

AUDITOR'S decision within sixty days after receipt of the          1,056        

notification.  The auditor shall make payment of any refund under  1,057        

division (B)(1) or (2) of this section within ninety days after    1,058        

receipt of the notification.  Except as otherwise provided in      1,059        

division (C)(2) of this section, any amount to be credited under   1,060        

                                                          26     


                                                                 
division (B)(2) or (3) of this section shall be applied to all or  1,061        

a part of the taxes otherwise due from the public utility on real  1,062        

and public utility property tax installment due dates after the    1,063        

date on which the notification was received, but shall not be      1,064        

spread over more than the next ten ensuing installment due dates.  1,065        

If any portion of the overpayment has not been refunded or         1,066        

credited by the tenth such tax installment due date after the      1,067        

date on which the notification was received, the auditor           1,068        

immediately shall refund that portion.                             1,069        

      (2)  The tax commissioner may certify to a county auditor,   1,071        

in writing, that a public utility is no longer required to file a  1,072        

report under section 5727.08 of the Revised Code.  Within ninety   1,073        

days of the date of such certification, the auditor shall refund   1,074        

to the utility, with applicable interest, the portion of any       1,075        

overpayment that has not been refunded or credited to the utility  1,076        

under this section.                                                1,077        

      (D)  The auditor shall add interest to the amount of any     1,079        

overpayment of taxes at the rate per calendar month, rounded to    1,080        

the nearest one-hundredth of one per cent, equal to one-twelfth    1,081        

of the rate per annum prescribed by section 5703.47 of the         1,082        

Revised Code.  The interest shall begin to accrue from the first   1,083        

day of the month following the date of the overpayment until the   1,084        

last day of the month preceding the date the overpayment or        1,085        

portion of the overpayment is refunded or credited, and shall be   1,086        

computed separately on each amount actually refunded or credited.  1,087        

In computing interest on credits, when an overpayment is credited  1,088        

against an installment of current taxes due from the utility       1,089        

pursuant to this section, the overpayment shall be considered to   1,090        

have been credited on the last date on which those taxes may be    1,091        

paid without penalty.                                              1,092        

      (E)  The refund and crediting of any overpayment, including  1,094        

interest, shall be paid from or credited against the fund or       1,095        

funds and the taxing districts to which the overpayment            1,096        

originally was paid, in proportion to the amount of the            1,097        

                                                          27     


                                                                 
overpayment received.  The auditor shall correct his THE           1,098        

AUDITOR'S tax lists in accordance with the refund or credit, and   1,100        

shall certify corrections in the tax duplicates to the county      1,101        

treasurer.  At each settlement affected by a refund or credit      1,102        

under this section, the amount of the refund or credit shall be    1,103        

deducted from the amount of any taxes or assessments               1,104        

distributable to the county or any taxing unit in the county that  1,105        

has received the benefit of the taxes or assessment previously     1,106        

overpaid, in proportion to the overpayment previously received.    1,107        

      Section 2.  That existing sections 3317.01, 3317.021,        1,109        

3317.025, 5709.61, 5727.08, 5727.47, and 5727.471 of the Revised   1,110        

Code are hereby repealed.                                          1,111        

      Section 3.  The amendment by this act of sections 5727.08    1,113        

and 5727.47 of the Revised Code applies to tax years 2001 and      1,114        

thereafter.