As Reported by the Senate Ways and Means Committee          1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 108  5            

      1999-2000                                                    6            


      SENATORS LATTA-OELSLAGER-WATTS-BLESSING-MUMPER-WHITE-        8            

     NEIN-WACHTMANN-CUPP-HOTTINGER-CARNES-ARMBRUSTER-SPADA-        9            

                          JOHNSON-DRAKE                            10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 5731.02, 5731.47, and 5731.48 of    14           

                the Revised Code and to repeal Section 3 of this   15           

                act (effective December 31, 2000) to reduce the    16           

                estate tax by reducing rates and increasing the                 

                credit amount, to reduce the share of the estate   17           

                tax paid to the state, and to declare an                        

                emergency.                                         18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 5731.02, 5731.47, and 5731.48 of   22           

the Revised Code be amended to read as follows:                    23           

      Sec. 5731.02.  (A)  AS USED IN THIS SECTION:                 32           

      (1)  "FEDERAL EXEMPTION AMOUNT" FOR A YEAR MEANS THE         34           

"APPLICABLE EXCLUSION AMOUNT" FOR THAT YEAR AS PRESCRIBED IN       35           

SECTION 2010 OF THE INTERNAL REVENUE CODE, 26 U.S.C.A. 2010.       40           

      (2)  "CUMULATIVE TAX" MEANS FIFTEEN THOUSAND ONE HUNDRED     42           

FOUR DOLLARS PLUS FOUR AND FORTY-EIGHT HUNDREDTHS PER CENT OF THE  43           

EXCESS OF THE FEDERAL EXEMPTION AMOUNT OVER FIVE HUNDRED THOUSAND  44           

DOLLARS.                                                                        

      (B)  A tax is hereby levied on the transfer of the taxable   47           

estate, determined as provided in section 5731.14 of the Revised   48           

Code, of every person dying on or after July 1, 1968, who at the   49           

time of his death was a resident of this state, as follows:        50           

      (1)  FOR PERSONS DYING ON OR BEFORE DECEMBER 31, 2000:       53           

If the taxable estate is:          The tax shall be:               55           

                                                          2      


                                                                 
Not over $40,000                   2% of the taxable estate        56           

Over $ 40,000 but not over         $800 plus 3% of the excess      57           

$100,000                           over $40,000                    58           

Over $100,000 but not over         $2,600 plus 4% of the excess    59           

$200,000                           over $100,000                   60           

Over $200,000 but not over         $6,600 plus 5% of the excess    62           

$300,000                           over $200,000                                

Over $300,000 but not over         $11,600 plus 6% of the excess   64           

$500,000                           over $300,000                                

Over $500,000                      $23,600 plus 7% of the excess   66           

                                   over $500,000.                               

      (2)  FOR PERSONS DYING ON OR AFTER JANUARY 1, 2001:          68           

IF THE TAXABLE ESTATE IS:          THE TAX SHALL BE:               71           

NOT OVER $40,000                   1.28% OF THE TAXABLE ESTATE     73           

OVER $40,000 BUT NOT OVER          $512 PLUS 1.92% OF THE EXCESS   75           

$100,000                           OVER $40,000                                 

OVER $100,000 BUT NOT OVER         $1,664 PLUS 2.56% OF THE        77           

$200,000                           EXCESS OVER $100,000                         

OVER $200,000 BUT NOT OVER         $4,224 PLUS 3.2% OF THE EXCESS  79           

$300,000                           OVER $200,000                                

OVER $300,000 BUT NOT OVER         $7,424 PLUS 3.84% OF THE        81           

$500,000                           EXCESS OVER $300,000                         

OVER $500,000 BUT NOT OVER THE     $15,104 PLUS 4.48% OF THE       83           

FEDERAL EXEMPTION AMOUNT           EXCESS OVER $500,000                         

OVER THE FEDERAL EXEMPTION         THE CUMULATIVE TAX PLUS 7% OF   85           

AMOUNT                             THE EXCESS OVER THE FEDERAL                  

                                   EXEMPTION AMOUNT                86           

      (B)(C)  A credit shall be allowed against the tax imposed    89           

by division (A)(B) of this section equal to the lesser of five     90           

hundred ONE THOUSAND dollars or the amount of the tax.             92           

      Sec. 5731.47.  The fees of the sheriff or other officers     101          

for services performed under Chapter 5731. of the Revised Code,    103          

and the expenses of the county auditor shall be certified by the   104          

county auditor by a report filed with the tax commissioner.  If    106          

                                                          3      


                                                                 
the tax commissioner finds that such fees and expenses are                      

correct and reasonable in amount, he THE COMMISSIONER shall        107          

indicate his approval OF THE FEES AND EXPENSES in writing to the   109          

county auditor.  The auditor shall pay such fees and expenses out               

of the state's share of the undivided inheritance taxes in the     110          

county treasury and draw his warrants payable from such taxes, on  112          

the county treasurer in favor of the fee funds or officers         114          

personally entitled thereto.  IF THE FEES AND EXPENSES APPROVED    115          

BY THE TAX COMMISSIONER EXCEED THE AMOUNT OF THE STATE'S SHARE OF  116          

UNDIVIDED INHERITANCE TAXES IN THE COUNTY TREASURY, THE COUNTY     117          

AUDITOR SHALL CERTIFY THE AMOUNT OF THE EXCESS TO THE TAX          118          

COMMISSIONER, WHO SHALL CERTIFY THE AMOUNT TO THE DIRECTOR OF      119          

BUDGET AND MANAGEMENT.  THE DIRECTOR SHALL PROVIDE FOR PAYMENT OF  120          

THE EXCESS FROM THE GENERAL REVENUE FUND TO THE COUNTY TREASURY,   121          

AND THE COUNTY AUDITOR SHALL DRAW WARRANTS ON THE COUNTY                        

TREASURER IN FAVOR OF THE APPROPRIATE FEE FUNDS OR OFFICERS.       122          

      Sec. 5731.48.  (A)  If a decedent dies on or after July 1,   131          

1989, AND BEFORE JANUARY 1, 2001, sixty-four per cent of the       133          

gross amount of taxes levied and paid under this chapter shall be  136          

for the use of the municipal corporation or township in which the  138          

tax originates, and shall be credited as follows PROVIDED IN       139          

DIVISION (A)(1), (2), OR (3) OF THIS SECTION:                      140          

      (A)(1)  To the general revenue fund in the case of a city;   142          

      (B)(2)  To the general revenue fund of a village or to the   144          

board of education of a village, for school purposes, as the       145          

village council by resolution may approve;                         146          

      (C)(3)  To the general revenue fund or to the board of       148          

education of the school district of which the township is a part,  149          

for school purposes, as the board of township trustees by          150          

resolution may approve, in the case of a township.                 151          

      Where THE REMAINDER OF THE TAXES LEVIED AND PAID SHALL BE    154          

FOR THE USE OF THE STATE AND SHALL BE CREDITED TO THE GENERAL      155          

REVENUE FUND AFTER ANY DEDUCTION FOR FEES AND COSTS CHARGED UNDER  156          

SECTION 5731.47 OF THE REVISED CODE.                                            

                                                          4      


                                                                 
      (B)  IF A DECEDENT DIES ON OR AFTER JANUARY 1, 2001, ALL OF  159          

THE TAXES LEVIED AND PAID UNDER THIS CHAPTER ON THE PART OF THE    160          

TAXABLE ESTATE THAT IS NOT IN EXCESS OF THE APPLICABLE EXCLUSION   161          

AMOUNT PRESCRIBED IN SECTION 2010 OF THE INTERNAL REVENUE CODE,    163          

26 U.S.C.A. 2010, FOR THE YEAR IN WHICH THE DECEDENT DIES SHALL    164          

BE FOR THE USE OF THE MUNICIPAL CORPORATION OR TOWNSHIP IN WHICH   165          

THE TAX ORIGINATES AND CREDITED AS PROVIDED IN DIVISION (A)(1),    166          

(2), OR (3) OF THIS SECTION; OF ANY TAXES LEVIED AND PAID ON THE   167          

PART OF THE TAXABLE ESTATE IN EXCESS OF THE APPLICABLE EXCLUSION   169          

AMOUNT, SIXTY-FOUR PER CENT SHALL BE FOR THE USE OF THE MUNICIPAL  171          

CORPORATION OR TOWNSHIP IN WHICH THE TAX ORIGINATES AND CREDITED   172          

AS PROVIDED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION, AND   173          

THE REMAINDER SHALL BE FOR THE USE OF THE STATE AND SHALL BE       174          

CREDITED TO THE GENERAL REVENUE FUND AFTER ANY DEDUCTION FOR FEES  175          

AND COSTS CHARGED UNDER SECTION 5731.47 OF THE REVISED CODE.                    

      (C)  IF a municipal corporation is in default with respect   178          

to the principal or interest of any outstanding notes or bonds,    179          

one half of the taxes distributed under this section shall be      180          

credited to the sinking or bond retirement fund of the municipal   181          

corporation, and the residue shall be credited to the general      182          

revenue fund.                                                      183          

      (D)  The council, board of trustees, or other legislative    185          

authority of a village or township may, by ordinance in the case   186          

of a village, or by resolution in the case of a township, provide  187          

that whenever there is money in the treasury of the village or     188          

township from taxes levied under this chapter, not required for    189          

immediate use, that money may be invested in federal, state,       190          

county, or municipal bonds, upon which there has been no default   191          

of the principal during the preceding five years.                  192          

      The remainder of the taxes levied and paid under this        194          

chapter, after deducting the fees and costs charged against the    195          

proceeds of the tax under this chapter, shall be for the use of    196          

the state, and shall be paid into the state treasury to the        197          

credit of the general revenue fund.                                198          

                                                          5      


                                                                 
      Section 2.  That existing sections 5731.02, 5731.47, and     200          

5731.48 of the Revised Code are hereby repealed.                   201          

      Section 3.  Not later than July 31, 2000, the Tax            203          

Commissioner shall estimate the amount, if any, by which fiscal    205          

year 2001 GRF receipts from the tax levied under section 5731.02   206          

of the Revised Code, as amended by this act, will be less than     207          

the amount such receipts would be without the amendments to that                

section by this act.                                               208          

      The Tax Commissioner, not later than July 31, 2000, shall    210          

certify that amount to the Director of Budget and Management.      212          

Notwithstanding division (B)(1) of section 131.44 of the Revised   213          

Code, the Director shall subtract the amount so certified from     214          

the amount of the fiscal year 2000 surplus revenue that otherwise  215          

would be transferred to the Income Tax Reduction Fund under        216          

division (B)(1)(b) of that section.                                             

      Section 4.  That Section 3 of this act is hereby repealed    218          

December 31, 2000.                                                 219          

      Section 5.  This act is hereby declared to be an emergency   221          

measure necessary for the immediate preservation of the public     222          

peace, health, and safety.  The reason for such necessity is to    224          

provide needed tax relief to the heirs of estates at the earliest  225          

possible time.  Therefore, this act shall go into immediate        226          

effect.