As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. H. B. No. 329


REPRESENTATIVES Blasdel, Schmidt, Roman, Setzer, Fessler, Carano, McGregor, Metzger, Seitz, Flowers, Peterson, Lendrum, Carmichael, Hagan



A BILL
To amend sections 5705.321, 5747.53, and 5747.63 of1
the Revised Code to allow local government funds2
under certain circumstances to be distributed among3
subdivisions under an alternative apportionment4
scheme without the approval of the largest5
municipal corporation in the county.6


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

       Section 1.  That sections 5705.321, 5747.53, and 5747.63 of7
the Revised Code be amended to read as follows:8

       Sec. 5705.321.  (A) As used in this section:9

       (1) "City, located wholly or partially in the county, with10
the greatest population" means the city, located wholly or11
partially in the county, with the greatest population residing in12
the county; however, if the county budget commission on or before13
January 1, 1998, adopted an alternative method of apportionment14
that was approved by the city, located partially in the county,15
with the greatest population but not the greatest population16
residing in the county, "city, located wholly or partially in the17
county, with the greatest population" means the city, located18
wholly or partially in the county, with the greatest population19
whether residing in the county or not, if this alternative meaning20
is adopted by action of the board of county commissioners and a21
majority of the boards of township trustees and legislative22
authorities of municipal corporations located wholly or partially23
in the county.24

       (2) "Participating political subdivision" means a municipal25
corporation or township that satisfies all of the following:26

       (a)It is located wholly or partially in the county.27

       (b)It is not the city, located wholly or partially in the28
county, with the greatest population.29

       (c)Library and local government support fund moneys are30
apportioned to it under the county's alternative method or formula31
of apportionment in the current calendar year.32

       (B) In lieu of the method of apportionment of the county33
library and local government support fund provided by division (C)34
of section 5705.32 of the Revised Code, the county budget35
commission may provide for the apportionment of suchthe fund36
under an alternative method or on a formula basis as authorized by37
this section. Such38

       Except as otherwise provided in division (C) of this section,39
the alternative method of apportionment shall have first been40
approved by all of the following governmental units: the board of41
county commissioners; the legislative authority of the city,42
located wholly or partially in the county, with the greatest43
population; and a majority of the boards of township trustees and44
legislative authorities of municipal corporations, located wholly45
or partially in the county, excluding the legislative authority of46
the city,located wholly or partially in the county, with the47
greatest population. In granting or denying such approval for an48
alternative method of apportionment, the board of county49
commissioners, boards of township trustees, and legislative50
authorities of municipal corporations shall act by motion. A51
motion to approve shall be passed upon a majority vote of the52
members of a board of county commissioners, board of township53
trustees, or legislative authority of a municipal corporation,54
shall take effect immediately, and need not be published. Any55

       Any alternative method of apportionment adopted and approved56
under this sectiondivision may be revised, amended, or repealed57
in the same manner as it may be adopted and approved. If aan58
alternative method of apportionment adopted and approved under59
this sectiondivision is repealed, the county library and local60
government support fund shall be apportioned among the61
subdivisions eligible to participate thereinin the fund,62
commencing in the ensuing calendar year, under the apportionment63
provided in divisions (B) and (C) of section 5705.32 of the64
Revised Code, unless the repeal occurs by operation of division65
(C) of this section or a new method for apportionment of suchthe66
fund is provided in the action of repeal.67

       (B)(C)This division applies only in counties in which the68
city, located wholly or partially in the county, with the greatest69
population has a population that is less than fifteen per cent of70
the total population of the county. In such a county, the71
legislative authorities or boards of township trustees of two or72
more participating political subdivisions, which together have a73
population residing in the county that is a majority of the total74
population of the county, each may adopt a resolution to exclude75
the approval otherwise required of the legislative authority of76
the city, located wholly or partially in the county, with the77
greatest population. All of the resolutions to exclude that78
approval shall be adopted not later than the first Monday of79
August of the year preceding the calendar year in which80
distributions are to be made under an alternative method of81
apportionment.82

       A motion granting or denying approval of an alternative83
method of apportionment under this division shall be adopted by a84
majority vote of the members of the board of county commissioners85
and by a majority vote of a majority of the boards of township86
trustees and legislative authorities of the municipal corporations87
located wholly or partially in the county, other than the city,88
located wholly or partially in the county, with the greatest89
population, shall take effect immediately, and need not be90
published. The alternative method of apportionment under this91
division shall be adopted and approved annually, not later than92
the first Monday of August of the year preceding the calendar year93
in which distributions are to be made under it. A motion granting94
approval of an alternative method of apportionment under this95
division repeals any existing alternative method of apportionment,96
effective with distributions to be made from the fund in the97
ensuing calendar year. An alternative method of apportionment98
under this division shall not be revised or amended after the99
first Monday of August of the year preceding the calendar year in100
which distributions are to be made under it.101

       (D) In determining thean alternative method of102
apportionment authorized by this section, the county budget103
commission may include in suchthe method any factor considered to104
be appropriate and reliable, in the sole discretion of the county105
budget commission.106

       (C)(E) On the basis of any alternative method of107
apportionment adopted and approved as authorized by this section,108
as certified by the auditor to the county treasurer, the county109
treasurer shall make distribution of the money in the county110
library and local government support fund to each subdivision111
eligible to participate in suchthe fund, and the auditor, when112
the amount of suchthose shares is in the custody of the treasurer113
in the amounts so computed to be due the respective subdivisions,114
shall at the same time certify to the tax commissioner the115
percentage share of the county as a subdivision. All money116
received into the treasury of a subdivision from the county117
library and local government support fund in a county treasury118
shall be paid into the general fund and used for the current119
operating expenses of the subdivision.120

       (D)(F) The actions of the county budget commission taken121
pursuant to this section are final and may not be appealed to the122
board of tax appeals, except on the issues of abuse of discretion123
and failure to comply with the formula.124

       Sec. 5747.53.  (A) As used in this section:125

       (1) "City, located wholly or partially in the county, with126
the greatest population" means the city, located wholly or127
partially in the county, with the greatest population residing in128
the county; however, if the county budget commission on or before129
January 1, 1998, adopted an alternative method of apportionment130
that was approved by the legislative authority of the city,131
located partially in the county, with the greatest population but132
not the greatest population residing in the county, "city, located133
wholly or partially in the county, with the greatest population"134
means the city, located wholly or partially in the county, with135
the greatest population whether residing in the county or not, if136
this alternative meaning is adopted by action of the board of137
county commissioners and a majority of the boards of township138
trustees and legislative authorities of municipal corporations139
located wholly or partially in the county.140

       (2)"Participating political subdivision" means a municipal141
corporation or township that satisfies all of the following:142

       (a)It is located wholly or partially in the county.143

       (b)It is not the city, located wholly or partially in the144
county, with the greatest population.145

       (c)Undivided local government fund moneys are apportioned to146
it under the county's alternative method or formula of147
apportionment in the current calendar year.148

       (B) In lieu of the method of apportionment of the undivided149
local government fund of the county provided by section 5747.51 of150
the Revised Code, the county budget commission may provide for the151
apportionment of suchthe fund under an alternative method or on a152
formula basis as authorized by this section. Such153

       Except as otherwise provided in division (C) of this section,154
the alternative method of apportionment shall have first been155
approved by all of the following governmental units: the board of156
county commissioners; the legislative authority of the city,157
located wholly or partially in the county, with the greatest158
population; and a majority of the boards of township trustees and159
legislative authorities of municipal corporations, located wholly160
or partially in the county, excluding the legislative authority of161
the city,located wholly or partially in the county, with the162
greatest population. In granting or denying such approval for an163
alternative method of apportionment, the board of county164
commissioners, boards of township trustees, and legislative165
authorities of municipal corporations shall act by motion. A166
motion to approve shall be passed upon a majority vote of the167
members of a board of county commissioners, board of township168
trustees, or legislative authority of a municipal corporation,169
shall take effect immediately, and need not be published. Any170

       Any alternative method of apportionment adopted and approved171
under this sectiondivision may be revised, amended, or repealed172
in the same manner as it may be adopted and approved. In the event173
aIf an alternative method of apportionment adopted and approved174
under this sectiondivision is repealed, the undivided local175
government fund of the county shall be apportioned among the176
subdivisions eligible to participate thereinin the fund,177
commencing in the ensuing calendar year, under the apportionment178
provided in section 5747.52 of the Revised Code, unless the repeal179
occurs by operation of division (C) of this section or a new180
method for apportionment of suchthe fund is provided in the181
action of repeal.182

       As used in this division, the term "legislative authority of183
the city, located wholly or partially in the county, with the184
greatest population" means the legislative authority of the city,185
located wholly or partially in the county, with the greatest186
population residing in the county; however, if the county budget187
commission on or before January 1, 1998, adopted an alternative188
method of apportionment which was approved by the legislative189
authority of the city, located partially in the county, with the190
greatest population but not the greatest population residing in191
the county, the term shall be deemed to mean the legislative192
authority of the city, located wholly or partially in the county,193
with the greatest population whether residing in the county or194
not, if such alternative meaning is adopted by action of the board195
of county commissioners and a majority of the boards of township196
trustees and legislative authorities of municipal corporations197
located wholly or partially in the county.198

       (B)(C)This division applies only in counties in which the199
city, located wholly or partially in the county, with the greatest200
population has a population that is less than fifteen per cent of201
the total population of the county. In such a county, the202
legislative authorities or boards of township trustees of two or203
more participating political subdivisions, which together have a204
population residing in the county that is a majority of the total205
population of the county, each may adopt a resolution to exclude206
the approval otherwise required of the legislative authority of207
the city, located wholly or partially in the county, with the208
greatest population. All of the resolutions to exclude that209
approval shall be adopted not later than the first Monday of210
August of the year preceding the calendar year in which211
distributions are to be made under an alternative method of212
apportionment.213

       A motion granting or denying approval of an alternative214
method of apportionment under this division shall be adopted by a215
majority vote of the members of the board of county commissioners216
and by a majority vote of a majority of the boards of township217
trustees and legislative authorities of the municipal corporations218
located wholly or partially in the county, other than the city,219
located wholly or partially in the county, with the greatest220
population, shall take effect immediately, and need not be221
published. The alternative method of apportionment under this222
division shall be adopted and approved annually, not later than223
the first Monday of August of the year preceding the calendar year224
in which distributions are to be made under it. A motion granting225
approval of an alternative method of apportionment under this226
division repeals any existing alternative method of apportionment,227
effective with distributions to be made from the fund in the228
ensuing calendar year. An alternative method of apportionment229
under this division shall not be revised or amended after the230
first Monday of August of the year preceding the calendar year in231
which distributions are to be made under it.232

       (D) In determining thean alternative method of233
apportionment authorized by this section, the county budget234
commission may include in suchthe method any factor considered to235
be appropriate and reliable, in the sole discretion of the county236
budget commission.237

       (C)(E) The limitations set forth in section 5747.51 of the238
Revised Code, stating the maximum amount that the county may239
receive from suchthe undivided local government fund and the240
minimum amount the townships in counties having a population of241
less than one hundred thousand may receive from suchthe fund, are242
applicable to any alternative method of apportionment authorized243
under this section.244

       (D)(F) On the basis of any alternative method of245
apportionment adopted and approved as authorized by this section,246
as certified by the auditor to the county treasurer, the county247
treasurer shall make distribution of the money in the undivided248
local government fund to each subdivision eligible to participate249
in suchthe fund, and the auditor, when the amount of suchthose250
shares is in the custody of the treasurer in the amounts so251
computed to be due the respective subdivisions, shall at the same252
time certify to the tax commissioner the percentage share of the253
county as a subdivision. All money received into the treasury of254
a subdivision from the undivided local government fund in a county255
treasury shall be paid into the general fund and used for the256
current operating expenses of the subdivision. If a municipal257
corporation maintains a municipal university, such municipalthe258
university, when the board of trustees so requests the legislative259
authority of the municipal corporation, shall participate in the260
money apportioned to suchthe municipal corporation from the total261
local government fund, however created and constituted, in such262
the amount as requested by the board of trustees, provided such263
sumthat amount does not exceed nine per cent of the total amount264
paid to the municipal corporation.265

       (E)(G) The actions of the county budget commission taken266
pursuant to this section are final and may not be appealed to the267
board of tax appeals, except on the issues of abuse of discretion268
and failure to comply with the formula.269

       Sec. 5747.63.  (A) As used in this section:270

       (1) "City, located wholly or partially in the county, with271
the greatest population" means the city, located wholly or272
partially in the county, with the greatest population residing in273
the county; however, if the county budget commission on or before274
January 1, 1998, adopted an alternative method of apportionment275
that was approved by the legislative authority of the city,276
located partially in the county, with the greatest population but277
not the greatest population residing in the county, "city, located278
wholly or partially in the county, with the greatest population"279
means the city, located wholly or partially in the county, with280
the greatest population whether residing in the county or not, if281
this alternative meaning is adopted by action of the board of282
county commissioners and a majority of the boards of township283
trustees and legislative authorities of municipal corporations284
located wholly or partially in the county.285

       (2)"Participating political subdivision" means a municipal286
corporation or township that satisfies all of the following:287

       (a)It is located wholly or partially in the county.288

       (b)It is not the city, located wholly or partially in the289
county, with the greatest population.290

       (c)Undivided local government revenue assistance fund moneys291
are apportioned to it under the county's alternative method or292
formula of apportionment in the current calendar year.293

       (B) In lieu of the method of apportionment of the undivided294
local government revenue assistance fund of the county provided by295
section 5747.62 of the Revised Code, the county budget commission296
may provide for the apportionment of suchthe fund under an297
alternative method or on a formula basis as authorized by this298
section. Such299

       Except as otherwise provided in division (C) of this section,300
the alternative method of apportionment shall have first been301
approved by all of the following governmental units: the board of302
county commissioners; the legislative authority of the city,303
located wholly or partially in the county, with the greatest304
population; and a majority of the boards of township trustees and305
legislative authorities of municipal corporations, located wholly306
or partially in the county, excluding the legislative authority of307
the city,located wholly or partially in the county, with the308
greatest population. In granting or denying such approval for an309
alternative method of apportionment, the board of county310
commissioners, boards of township trustees, and legislative311
authorities of municipal corporations shall act by motion. A312
motion to approve shall be passed upon a majority vote of the313
members of a board of county commissioners, board of township314
trustees, or legislative authority of a municipal corporation,315
shall take effect immediately, and need not be published. Any316

       Any alternative method of apportionment adopted and approved317
under this sectiondivision may be revised, amended, or repealed318
in the same manner as it may be adopted and approved. In the event319
aIf an alternative method of apportionment adopted and approved320
under this sectiondivision is repealed, the undivided local321
government revenue assistance fund of the county shall be322
apportioned among the subdivisions eligible to participate therein323
in the fund, commencing in the ensuing fiscal year, under the324
apportionment provided in section 5747.62 of the Revised Code,325
unless the repeal occurs by operation of division (C) of this326
section or a new method for apportionment of suchthe fund is327
provided in the action of repeal.328

       As used in this division, the term "legislative authority of329
the city, located wholly or partially in the county, with the330
greatest population" means the legislative authority of the city,331
located wholly or partially in the county, with the greatest332
population residing in the county; however, if the county budget333
commission on or before January 1, 1998, adopted an alternative334
method of apportionment which was approved by the legislative335
authority of the city, located partially in the county, with the336
greatest population but not the greatest population residing in337
the county, the term shall be deemed to mean the legislative338
authority of the city, located wholly or partially in the county,339
with the greatest population whether residing in the county or340
not, if such alternative meaning is adopted by action of the board341
of county commissioners and a majority of the boards of township342
trustees and legislative authorities of municipal corporations343
located wholly or partially in the county.344

       (B)(C)This division applies only in counties in which the345
city, located wholly or partially in the county, with the greatest346
population has a population that is less than fifteen per cent of347
the total population of the county. In such a county, the348
legislative authorities or boards of township trustees of two or349
more participating political subdivisions, which together have a350
population residing in the county that is a majority of the total351
population of the county, each may adopt a resolution to exclude352
the approval otherwise required of the legislative authority of353
the city, located wholly or partially in the county, with the354
greatest population. All of the resolutions to exclude that355
approval shall be adopted not later than the first Monday of356
August of the year preceding the calendar year in which357
distributions are to be made under an alternative method of358
apportionment.359

       A motion granting or denying approval of an alternative360
method of apportionment under this division shall be adopted by a361
majority vote of the members of the board of county commissioners362
and by a majority vote of a majority of the boards of township363
trustees and legislative authorities of the municipal corporations364
located wholly or partially in the county, other than the city,365
located wholly or partially in the county, with the greatest366
population, shall take effect immediately, and need not be367
published. The alternative method of apportionment shall be368
adopted and approved annually, not later than the first Monday of369
August of the year preceding the calendar year in which370
distributions are to be made under it. A motion granting approval371
of an alternative method of apportionment under this division372
repeals any existing alternative method of apportionment,373
effective with distributions to be made from the fund in the374
ensuing calendar year. An alternative method of apportionment375
under this division shall not be revised or amended after the376
first Monday of August of the year preceding the calendar year in377
which distributions are to be made under it.378

       (D) In determining thean alternative method of379
apportionment authorized by this section, the county budget380
commission may include in suchthe method any factor considered to381
be appropriate and reliable, in the sole discretion of the county382
budget commission, but the commission shall give special383
consideration to the needs of villages incorporated after January384
1, 1980.385

       (C)(E) The limitations set forth in section 5747.62 of the386
Revised Code, stating the maximum amount that the county may387
receive from suchthe undivided local government revenue388
assistance fund and the minimum amount the townships in counties389
having a population of less than one hundred thousand may receive390
from suchthe fund, are applicable to any alternative method of391
apportionment authorized under this section.392

       (D)(F) On the basis of any alternative method of393
apportionment adopted and approved as authorized by this section,394
as certified by the auditor to the county treasurer, the county395
treasurer shall make distribution of the money in the undivided396
local government revenue assistance fund to each subdivision397
eligible to participate in suchthe fund, and the auditor, when398
the amount of suchthose shares is in the custody of the treasurer399
in the amounts so computed to be due the respective subdivisions,400
shall at the same time certify to the tax commissioner the401
percentage share of the county as a subdivision. All money402
received by a subdivision from the county undivided local403
government revenue assistance fund shall be paid into the404
subdivision's general fund and used for theits current operating405
expenses.406

       (E)(G) The actions of the county budget commission taken407
pursuant to this section are final and may not be appealed to the408
board of tax appeals, except on the issues of abuse of discretion409
and failure to comply with the formula.410

       Section 2.  That existing sections 5705.321, 5747.53, and411
5747.63 of the Revised Code are hereby repealed.412