As Passed by the Senate                       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-RAY-GARDNER-SCHAFRATH-HORN-DiDONATO-KEARNS       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, and to reduce the share of the      17           

                estate tax paid to the state.                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 5731.02, 5731.47, and 5731.48 of   21           

the Revised Code be amended to read as follows:                    22           

      Sec. 5731.02.  (A)  AS USED IN THIS SECTION:                 31           

      (1)  "FEDERAL EXEMPTION AMOUNT" FOR A YEAR MEANS THE         33           

"APPLICABLE EXCLUSION AMOUNT" FOR THAT YEAR AS PRESCRIBED IN       34           

SECTION 2010 OF THE INTERNAL REVENUE CODE, 26 U.S.C.A. 2010.       39           

      (2)  "CUMULATIVE TAX" MEANS FIFTEEN THOUSAND ONE HUNDRED     41           

FOUR DOLLARS PLUS FOUR AND FORTY-EIGHT HUNDREDTHS PER CENT OF THE  42           

EXCESS OF THE FEDERAL EXEMPTION AMOUNT OVER FIVE HUNDRED THOUSAND  43           

DOLLARS.                                                                        

      (B)  A tax is hereby levied on the transfer of the taxable   46           

estate, determined as provided in section 5731.14 of the Revised   47           

Code, of every person dying on or after July 1, 1968, who at the   48           

time of his death was a resident of this state, as follows:        49           

      (1)  FOR PERSONS DYING ON OR BEFORE DECEMBER 31, 2000:       52           

If the taxable estate is:          The tax shall be:               54           

Not over $40,000                   2% of the taxable estate        55           

                                                          2      


                                                                 
Over $ 40,000 but not over         $800 plus 3% of the excess      56           

$100,000                           over $40,000                    57           

Over $100,000 but not over         $2,600 plus 4% of the excess    58           

$200,000                           over $100,000                   59           

Over $200,000 but not over         $6,600 plus 5% of the excess    61           

$300,000                           over $200,000                                

Over $300,000 but not over         $11,600 plus 6% of the excess   63           

$500,000                           over $300,000                                

Over $500,000                      $23,600 plus 7% of the excess   65           

                                   over $500,000.                               

      (2)  FOR PERSONS DYING ON OR AFTER JANUARY 1, 2001:          67           

IF THE TAXABLE ESTATE IS:          THE TAX SHALL BE:               70           

NOT OVER $40,000                   1.28% OF THE TAXABLE ESTATE     72           

OVER $40,000 BUT NOT OVER          $512 PLUS 1.92% OF THE EXCESS   74           

$100,000                           OVER $40,000                                 

OVER $100,000 BUT NOT OVER         $1,664 PLUS 2.56% OF THE        76           

$200,000                           EXCESS OVER $100,000                         

OVER $200,000 BUT NOT OVER         $4,224 PLUS 3.2% OF THE EXCESS  78           

$300,000                           OVER $200,000                                

OVER $300,000 BUT NOT OVER         $7,424 PLUS 3.84% OF THE        80           

$500,000                           EXCESS OVER $300,000                         

OVER $500,000 BUT NOT OVER THE     $15,104 PLUS 4.48% OF THE       82           

FEDERAL EXEMPTION AMOUNT           EXCESS OVER $500,000                         

OVER THE FEDERAL EXEMPTION         THE CUMULATIVE TAX PLUS 7% OF   84           

AMOUNT                             THE EXCESS OVER THE FEDERAL                  

                                   EXEMPTION AMOUNT                85           

      (B)(C)  A credit shall be allowed against the tax imposed    88           

by division (A)(B) of this section equal to the lesser of five     89           

hundred ONE THOUSAND dollars or the amount of the tax.             91           

      Sec. 5731.47.  The fees of the sheriff or other officers     100          

for services performed under Chapter 5731. of the Revised Code,    102          

and the expenses of the county auditor shall be certified by the   103          

county auditor by a report filed with the tax commissioner.  If    105          

the tax commissioner finds that such fees and expenses are                      

                                                          3      


                                                                 
correct and reasonable in amount, he THE COMMISSIONER shall        106          

indicate his approval OF THE FEES AND EXPENSES in writing to the   108          

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

of the state's share of the undivided inheritance taxes in the     109          

county treasury and draw his warrants payable from such taxes, on  111          

the county treasurer in favor of the fee funds or officers         113          

personally entitled thereto.  IF THE FEES AND EXPENSES APPROVED    114          

BY THE TAX COMMISSIONER EXCEED THE AMOUNT OF THE STATE'S SHARE OF  115          

UNDIVIDED INHERITANCE TAXES IN THE COUNTY TREASURY, THE COUNTY     116          

AUDITOR SHALL CERTIFY THE AMOUNT OF THE EXCESS TO THE TAX          117          

COMMISSIONER, WHO SHALL CERTIFY THE AMOUNT TO THE DIRECTOR OF      118          

BUDGET AND MANAGEMENT.  THE DIRECTOR SHALL PROVIDE FOR PAYMENT OF  119          

THE EXCESS FROM THE GENERAL REVENUE FUND TO THE COUNTY TREASURY,   120          

AND THE COUNTY AUDITOR SHALL DRAW WARRANTS ON THE COUNTY                        

TREASURER IN FAVOR OF THE APPROPRIATE FEE FUNDS OR OFFICERS.       121          

      Sec. 5731.48.  (A)  If a decedent dies on or after July 1,   130          

1989, AND BEFORE JANUARY 1, 2001, sixty-four per cent of the       132          

gross amount of taxes levied and paid under this chapter shall be  135          

for the use of the municipal corporation or township in which the  137          

tax originates, and shall be credited as follows PROVIDED IN       138          

DIVISION (A)(1), (2), OR (3) OF THIS SECTION:                      139          

      (A)(1)  To the general revenue fund in the case of a city;   141          

      (B)(2)  To the general revenue fund of a village or to the   143          

board of education of a village, for school purposes, as the       144          

village council by resolution may approve;                         145          

      (C)(3)  To the general revenue fund or to the board of       147          

education of the school district of which the township is a part,  148          

for school purposes, as the board of township trustees by          149          

resolution may approve, in the case of a township.                 150          

      Where THE REMAINDER OF THE TAXES LEVIED AND PAID SHALL BE    153          

FOR THE USE OF THE STATE AND SHALL BE CREDITED TO THE GENERAL      154          

REVENUE FUND AFTER ANY DEDUCTION FOR FEES AND COSTS CHARGED UNDER  155          

SECTION 5731.47 OF THE REVISED CODE.                                            

      (B)  IF A DECEDENT DIES ON OR AFTER JANUARY 1, 2001, ALL OF  158          

                                                          4      


                                                                 
THE TAXES LEVIED AND PAID UNDER THIS CHAPTER ON THE PART OF THE    159          

TAXABLE ESTATE THAT IS NOT IN EXCESS OF THE APPLICABLE EXCLUSION   160          

AMOUNT PRESCRIBED IN SECTION 2010 OF THE INTERNAL REVENUE CODE,    162          

26 U.S.C.A. 2010, FOR THE YEAR IN WHICH THE DECEDENT DIES SHALL    163          

BE FOR THE USE OF THE MUNICIPAL CORPORATION OR TOWNSHIP IN WHICH   164          

THE TAX ORIGINATES AND CREDITED AS PROVIDED IN DIVISION (A)(1),    165          

(2), OR (3) OF THIS SECTION; OF ANY TAXES LEVIED AND PAID ON THE   166          

PART OF THE TAXABLE ESTATE IN EXCESS OF THE APPLICABLE EXCLUSION   168          

AMOUNT, SIXTY-FOUR PER CENT SHALL BE FOR THE USE OF THE MUNICIPAL  170          

CORPORATION OR TOWNSHIP IN WHICH THE TAX ORIGINATES AND CREDITED   171          

AS PROVIDED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION, AND   172          

THE REMAINDER SHALL BE FOR THE USE OF THE STATE AND SHALL BE       173          

CREDITED TO THE GENERAL REVENUE FUND AFTER ANY DEDUCTION FOR FEES  174          

AND COSTS CHARGED UNDER SECTION 5731.47 OF THE REVISED CODE.                    

      (C)  IF a municipal corporation is in default with respect   177          

to the principal or interest of any outstanding notes or bonds,    178          

one half of the taxes distributed under this section shall be      179          

credited to the sinking or bond retirement fund of the municipal   180          

corporation, and the residue shall be credited to the general      181          

revenue fund.                                                      182          

      (D)  The council, board of trustees, or other legislative    184          

authority of a village or township may, by ordinance in the case   185          

of a village, or by resolution in the case of a township, provide  186          

that whenever there is money in the treasury of the village or     187          

township from taxes levied under this chapter, not required for    188          

immediate use, that money may be invested in federal, state,       189          

county, or municipal bonds, upon which there has been no default   190          

of the principal during the preceding five years.                  191          

      The remainder of the taxes levied and paid under this        193          

chapter, after deducting the fees and costs charged against the    194          

proceeds of the tax under this chapter, shall be for the use of    195          

the state, and shall be paid into the state treasury to the        196          

credit of the general revenue fund.                                197          

      Section 2.  That existing sections 5731.02, 5731.47, and     199          

                                                          5      


                                                                 
5731.48 of the Revised Code are hereby repealed.                   200          

      Section 3.  Not later than July 31, 2000, the Tax            202          

Commissioner shall estimate the amount, if any, by which fiscal    204          

year 2001 GRF receipts from the tax levied under section 5731.02   205          

of the Revised Code, as amended by this act, will be less than     206          

the amount such receipts would be without the amendments to that                

section by this act.                                               207          

      The Tax Commissioner, not later than July 31, 2000, shall    209          

certify that amount to the Director of Budget and Management.      211          

Notwithstanding division (B)(1) of section 131.44 of the Revised   212          

Code, the Director shall subtract the amount so certified from     213          

the amount of the fiscal year 2000 surplus revenue that otherwise  214          

would be transferred to the Income Tax Reduction Fund under        215          

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

      Section 4.  That Section 3 of this act is hereby repealed    217          

December 31, 2000.                                                 218