As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 301


REPRESENTATIVES Hoops, Jolivette



A BILL
To amend section 5731.49 of the Revised Code to1
prohibit the charging of interest on recoupments of 2
erroneously distributed estate tax revenue.3


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

       Section 1. That section 5731.49 of the Revised Code be4
amended to read as follows:5

       Sec. 5731.49.  At each semiannual settlement provided for by6
section 5731.46 of the Revised Code, the county auditor shall7
certify to the county auditor of any other county in which is8
located in whole or in part any municipal corporation or township9
to which any of the taxes collected under this chapter and not10
previously accounted for, is due, a statement of the amount of11
such taxes due to each corporation or township in such county12
entitled to share in the distribution thereof. The amount due13
upon such settlement to each such municipal corporation or14
township, and to each municipal corporation and township in the15
county in which the taxes are collected, shall be paid upon the16
warrant of the county auditor to the county treasurer or other17
proper officer of such municipal corporation or township. The18
amount of any refund chargeable against any such municipal19
corporation or township at the time of making such settlement,20
shall be adjusted in determining the amount due to such municipal21
corporation or township at such settlement; provided that if the22
municipal corporation or township against which such refund is23
chargeable is not entitled to share in the fund to be distributed24
at such settlement, the auditor shall draw hisa warrant for the25
amount in favor of the treasurer payable from any undivided26
general taxes in the possession of such treasurer, unless such27
municipal corporation or township is located in another county, in28
which event the auditor shall issue a certificate for such amount29
to the auditor of the proper county, who shall draw a like warrant30
therefor payable from any undivided general taxes in the31
possession of the treasurer of such county. In either case at the32
next semiannual settlement of such undivided general taxes, the33
amount of such warrant shall be deducted from the distribution of34
taxes of such municipal corporation or township and charged35
against the proceeds of levies for the general fund of such36
municipal corporation or township, and a similar deduction shall37
be made at each next semiannual settlement of such undivided38
general taxes until such warrant has been satisfied in full.39

       If it is discovered that an amount of taxes collected under40
this chapter has been paid in error to a township or municipal41
corporation to which the taxes are not due under this chapter, the42
township or municipal corporation to which the amount was43
erroneously paid, when repaying that amount to any subdivision to44
which the taxes were due, shall not be required to pay interest on45
that amount.46

       Section 2. That existing section 5731.49 of the Revised Code47
is hereby repealed.48