As Reported by the Senate State and Local Government and Veterans Affairs Committee

124th General Assembly
Regular Session
2001-2002
Sub. 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 and to repeal Section 3 of this 2
act on December 31, 2002, to allow local government 3
funds under certain circumstances to be distributed4
among subdivisions under an alternative5
apportionment scheme without the approval of the6
largest municipal corporation in the county.7


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

       Section 1.  That sections 5705.321, 5747.53, and 5747.63 of8
the Revised Code be amended to read as follows:9

       Sec. 5705.321.  (A) As used in this section:10

       (1) "City, located wholly or partially in the county, with11
the greatest population" means the city, located wholly or12
partially in the county, with the greatest population residing in13
the county; however, if the county budget commission on or before14
January 1, 1998, adopted an alternative method of apportionment15
that was approved by the city, located partially in the county,16
with the greatest population but not the greatest population17
residing in the county, "city, located wholly or partially in the18
county, with the greatest population" means the city, located19
wholly or partially in the county, with the greatest population20
whether residing in the county or not, if this alternative meaning21
is adopted by action of the board of county commissioners and a22
majority of the boards of township trustees and legislative23
authorities of municipal corporations located wholly or partially24
in the county.25

       (2) "Participating political subdivision" means a municipal26
corporation or township that satisfies all of the following:27

       (a)It is located wholly or partially in the county.28

       (b)It is not the city, located wholly or partially in the29
county, with the greatest population.30

       (c)Library and local government support fund moneys are31
apportioned to it under the county's alternative method or formula32
of apportionment in the current calendar year.33

       (B) In lieu of the method of apportionment of the county34
library and local government support fund provided by division (C)35
of section 5705.32 of the Revised Code, the county budget36
commission may provide for the apportionment of suchthe fund37
under an alternative method or on a formula basis as authorized by38
this section. Such39

       Except as otherwise provided in division (C) of this section,40
the alternative method of apportionment shall have first been41
approved by all of the following governmental units: the board of42
county commissioners; the legislative authority of the city,43
located wholly or partially in the county, with the greatest44
population; and a majority of the boards of township trustees and45
legislative authorities of municipal corporations, located wholly46
or partially in the county, excluding the legislative authority of47
the city,located wholly or partially in the county, with the48
greatest population. In granting or denying such approval for an49
alternative method of apportionment, the board of county50
commissioners, boards of township trustees, and legislative51
authorities of municipal corporations shall act by motion. A52
motion to approve shall be passed upon a majority vote of the53
members of a board of county commissioners, board of township54
trustees, or legislative authority of a municipal corporation,55
shall take effect immediately, and need not be published. Any56

       Any alternative method of apportionment adopted and approved57
under this sectiondivision may be revised, amended, or repealed58
in the same manner as it may be adopted and approved. If aan59
alternative method of apportionment adopted and approved under60
this sectiondivision is repealed, the county library and local61
government support fund shall be apportioned among the62
subdivisions eligible to participate thereinin the fund,63
commencing in the ensuing calendar year, under the apportionment64
provided in divisions (B) and (C) of section 5705.32 of the65
Revised Code, unless the repeal occurs by operation of division66
(C) of this section or a new method for apportionment of suchthe67
fund is provided in the action of repeal.68

       (B)(C)This division applies only in counties in which the69
city, located wholly or partially in the county, with the greatest70
population has a population of twenty thousand or less and a 71
population that is less than fifteen per cent of the total 72
population of the county. In such a county, the legislative 73
authorities or boards of township trustees of two or more74
participating political subdivisions, which together have a75
population residing in the county that is a majority of the total76
population of the county, each may adopt a resolution to exclude77
the approval otherwise required of the legislative authority of78
the city, located wholly or partially in the county, with the79
greatest population. All of the resolutions to exclude that80
approval shall be adopted not later than the first Monday of81
August of the year preceding the calendar year in which82
distributions are to be made under an alternative method of83
apportionment.84

       A motion granting or denying approval of an alternative85
method of apportionment under this division shall be adopted by a86
majority vote of the members of the board of county commissioners87
and by a majority vote of a majority of the boards of township88
trustees and legislative authorities of the municipal corporations89
located wholly or partially in the county, other than the city,90
located wholly or partially in the county, with the greatest91
population, shall take effect immediately, and need not be92
published. The alternative method of apportionment under this93
division shall be adopted and approved annually, not later than94
the first Monday of August of the year preceding the calendar year95
in which distributions are to be made under it. A motion granting96
approval of an alternative method of apportionment under this97
division repeals any existing alternative method of apportionment,98
effective with distributions to be made from the fund in the99
ensuing calendar year. An alternative method of apportionment100
under this division shall not be revised or amended after the101
first Monday of August of the year preceding the calendar year in102
which distributions are to be made under it.103

       (D) In determining thean alternative method of104
apportionment authorized by this section, the county budget105
commission may include in suchthe method any factor considered to106
be appropriate and reliable, in the sole discretion of the county107
budget commission.108

       (C)(E) On the basis of any alternative method of109
apportionment adopted and approved as authorized by this section,110
as certified by the auditor to the county treasurer, the county111
treasurer shall make distribution of the money in the county112
library and local government support fund to each subdivision113
eligible to participate in suchthe fund, and the auditor, when114
the amount of suchthose shares is in the custody of the treasurer115
in the amounts so computed to be due the respective subdivisions,116
shall at the same time certify to the tax commissioner the117
percentage share of the county as a subdivision. All money118
received into the treasury of a subdivision from the county119
library and local government support fund in a county treasury120
shall be paid into the general fund and used for the current121
operating expenses of the subdivision.122

       (D)(F) The actions of the county budget commission taken123
pursuant to this section are final and may not be appealed to the124
board of tax appeals, except on the issues of abuse of discretion125
and failure to comply with the formula.126

       Sec. 5747.53.  (A) As used in this section:127

       (1) "City, located wholly or partially in the county, with128
the greatest population" means the city, located wholly or129
partially in the county, with the greatest population residing in130
the county; however, if the county budget commission on or before131
January 1, 1998, adopted an alternative method of apportionment132
that was approved by the legislative authority of the city,133
located partially in the county, with the greatest population but134
not the greatest population residing in the county, "city, located135
wholly or partially in the county, with the greatest population"136
means the city, located wholly or partially in the county, with137
the greatest population whether residing in the county or not, if138
this alternative meaning is adopted by action of the board of139
county commissioners and a majority of the boards of township140
trustees and legislative authorities of municipal corporations141
located wholly or partially in the county.142

       (2)"Participating political subdivision" means a municipal143
corporation or township that satisfies all of the following:144

       (a)It is located wholly or partially in the county.145

       (b)It is not the city, located wholly or partially in the146
county, with the greatest population.147

       (c)Undivided local government fund moneys are apportioned to148
it under the county's alternative method or formula of149
apportionment in the current calendar year.150

       (B) In lieu of the method of apportionment of the undivided151
local government fund of the county provided by section 5747.51 of152
the Revised Code, the county budget commission may provide for the153
apportionment of suchthe fund under an alternative method or on a154
formula basis as authorized by this section. Such155

       Except as otherwise provided in division (C) of this section,156
the alternative method of apportionment shall have first been157
approved by all of the following governmental units: the board of158
county commissioners; the legislative authority of the city,159
located wholly or partially in the county, with the greatest160
population; and a majority of the boards of township trustees and161
legislative authorities of municipal corporations, located wholly162
or partially in the county, excluding the legislative authority of163
the city,located wholly or partially in the county, with the164
greatest population. In granting or denying such approval for an165
alternative method of apportionment, the board of county166
commissioners, boards of township trustees, and legislative167
authorities of municipal corporations shall act by motion. A168
motion to approve shall be passed upon a majority vote of the169
members of a board of county commissioners, board of township170
trustees, or legislative authority of a municipal corporation,171
shall take effect immediately, and need not be published. Any172

       Any alternative method of apportionment adopted and approved173
under this sectiondivision may be revised, amended, or repealed174
in the same manner as it may be adopted and approved. In the event175
aIf an alternative method of apportionment adopted and approved176
under this sectiondivision is repealed, the undivided local177
government fund of the county shall be apportioned among the178
subdivisions eligible to participate thereinin the fund,179
commencing in the ensuing calendar year, under the apportionment180
provided in section 5747.52 of the Revised Code, unless the repeal181
occurs by operation of division (C) of this section or a new182
method for apportionment of suchthe fund is provided in the183
action of repeal.184

       As used in this division, the term "legislative authority of185
the city, located wholly or partially in the county, with the186
greatest population" means the legislative authority of the city,187
located wholly or partially in the county, with the greatest188
population residing in the county; however, if the county budget189
commission on or before January 1, 1998, adopted an alternative190
method of apportionment which was approved by the legislative191
authority of the city, located partially in the county, with the192
greatest population but not the greatest population residing in193
the county, the term shall be deemed to mean the legislative194
authority of the city, located wholly or partially in the county,195
with the greatest population whether residing in the county or196
not, if such alternative meaning is adopted by action of the board197
of county commissioners and a majority of the boards of township198
trustees and legislative authorities of municipal corporations199
located wholly or partially in the county.200

       (B)(C)This division applies only in counties in which the201
city, located wholly or partially in the county, with the greatest202
population has a population of twenty thousand or less and a 203
population that is less than fifteen per cent of the total 204
population of the county. In such a county, the legislative 205
authorities or boards of township trustees of two or more206
participating political subdivisions, which together have a207
population residing in the county that is a majority of the total208
population of the county, each may adopt a resolution to exclude209
the approval otherwise required of the legislative authority of210
the city, located wholly or partially in the county, with the211
greatest population. All of the resolutions to exclude that212
approval shall be adopted not later than the first Monday of213
August of the year preceding the calendar year in which214
distributions are to be made under an alternative method of215
apportionment.216

       A motion granting or denying approval of an alternative217
method of apportionment under this division shall be adopted by a218
majority vote of the members of the board of county commissioners219
and by a majority vote of a majority of the boards of township220
trustees and legislative authorities of the municipal corporations221
located wholly or partially in the county, other than the city,222
located wholly or partially in the county, with the greatest223
population, shall take effect immediately, and need not be224
published. The alternative method of apportionment under this225
division shall be adopted and approved annually, not later than226
the first Monday of August of the year preceding the calendar year227
in which distributions are to be made under it. A motion granting228
approval of an alternative method of apportionment under this229
division repeals any existing alternative method of apportionment,230
effective with distributions to be made from the fund in the231
ensuing calendar year. An alternative method of apportionment232
under this division shall not be revised or amended after the233
first Monday of August of the year preceding the calendar year in234
which distributions are to be made under it.235

       (D) In determining thean alternative method of236
apportionment authorized by this section, the county budget237
commission may include in suchthe method any factor considered to238
be appropriate and reliable, in the sole discretion of the county239
budget commission.240

       (C)(E) The limitations set forth in section 5747.51 of the241
Revised Code, stating the maximum amount that the county may242
receive from suchthe undivided local government fund and the243
minimum amount the townships in counties having a population of244
less than one hundred thousand may receive from suchthe fund, are245
applicable to any alternative method of apportionment authorized246
under this section.247

       (D)(F) On the basis of any alternative method of248
apportionment adopted and approved as authorized by this section,249
as certified by the auditor to the county treasurer, the county250
treasurer shall make distribution of the money in the undivided251
local government fund to each subdivision eligible to participate252
in suchthe fund, and the auditor, when the amount of suchthose253
shares is in the custody of the treasurer in the amounts so254
computed to be due the respective subdivisions, shall at the same255
time certify to the tax commissioner the percentage share of the256
county as a subdivision. All money received into the treasury of257
a subdivision from the undivided local government fund in a county258
treasury shall be paid into the general fund and used for the259
current operating expenses of the subdivision. If a municipal260
corporation maintains a municipal university, such municipalthe261
university, when the board of trustees so requests the legislative262
authority of the municipal corporation, shall participate in the263
money apportioned to suchthe municipal corporation from the total264
local government fund, however created and constituted, in such265
the amount as requested by the board of trustees, provided such266
sumthat amount does not exceed nine per cent of the total amount267
paid to the municipal corporation.268

       (E)(G) The actions of the county budget commission taken269
pursuant to this section are final and may not be appealed to the270
board of tax appeals, except on the issues of abuse of discretion271
and failure to comply with the formula.272

       Sec. 5747.63.  (A) As used in this section:273

       (1) "City, located wholly or partially in the county, with274
the greatest population" means the city, located wholly or275
partially in the county, with the greatest population residing in276
the county; however, if the county budget commission on or before277
January 1, 1998, adopted an alternative method of apportionment278
that was approved by the legislative authority of the city,279
located partially in the county, with the greatest population but280
not the greatest population residing in the county, "city, located281
wholly or partially in the county, with the greatest population"282
means the city, located wholly or partially in the county, with283
the greatest population whether residing in the county or not, if284
this alternative meaning is adopted by action of the board of285
county commissioners and a majority of the boards of township286
trustees and legislative authorities of municipal corporations287
located wholly or partially in the county.288

       (2)"Participating political subdivision" means a municipal289
corporation or township that satisfies all of the following:290

       (a)It is located wholly or partially in the county.291

       (b)It is not the city, located wholly or partially in the292
county, with the greatest population.293

       (c)Undivided local government revenue assistance fund moneys294
are apportioned to it under the county's alternative method or295
formula of apportionment in the current calendar year.296

       (B) In lieu of the method of apportionment of the undivided297
local government revenue assistance fund of the county provided by298
section 5747.62 of the Revised Code, the county budget commission299
may provide for the apportionment of suchthe fund under an300
alternative method or on a formula basis as authorized by this301
section. Such302

       Except as otherwise provided in division (C) of this section,303
the alternative method of apportionment shall have first been304
approved by all of the following governmental units: the board of305
county commissioners; the legislative authority of the city,306
located wholly or partially in the county, with the greatest307
population; and a majority of the boards of township trustees and308
legislative authorities of municipal corporations, located wholly309
or partially in the county, excluding the legislative authority of310
the city,located wholly or partially in the county, with the311
greatest population. In granting or denying such approval for an312
alternative method of apportionment, the board of county313
commissioners, boards of township trustees, and legislative314
authorities of municipal corporations shall act by motion. A315
motion to approve shall be passed upon a majority vote of the316
members of a board of county commissioners, board of township317
trustees, or legislative authority of a municipal corporation,318
shall take effect immediately, and need not be published. Any319

       Any alternative method of apportionment adopted and approved320
under this sectiondivision may be revised, amended, or repealed321
in the same manner as it may be adopted and approved. In the event322
aIf an alternative method of apportionment adopted and approved323
under this sectiondivision is repealed, the undivided local324
government revenue assistance fund of the county shall be325
apportioned among the subdivisions eligible to participate therein326
in the fund, commencing in the ensuing fiscal year, under the327
apportionment provided in section 5747.62 of the Revised Code,328
unless the repeal occurs by operation of division (C) of this329
section or a new method for apportionment of suchthe fund is330
provided in the action of repeal.331

       As used in this division, the term "legislative authority of332
the city, located wholly or partially in the county, with the333
greatest population" means the legislative authority of the city,334
located wholly or partially in the county, with the greatest335
population residing in the county; however, if the county budget336
commission on or before January 1, 1998, adopted an alternative337
method of apportionment which was approved by the legislative338
authority of the city, located partially in the county, with the339
greatest population but not the greatest population residing in340
the county, the term shall be deemed to mean the legislative341
authority of the city, located wholly or partially in the county,342
with the greatest population whether residing in the county or343
not, if such alternative meaning is adopted by action of the board344
of county commissioners and a majority of the boards of township345
trustees and legislative authorities of municipal corporations346
located wholly or partially in the county.347

       (B)(C)This division applies only in counties in which the348
city, located wholly or partially in the county, with the greatest349
population has a population of twenty thousand or less and a 350
population that is less than fifteen per cent of the total 351
population of the county. In such a county, the legislative 352
authorities or boards of township trustees of two or more353
participating political subdivisions, which together have a354
population residing in the county that is a majority of the total355
population of the county, each may adopt a resolution to exclude356
the approval otherwise required of the legislative authority of357
the city, located wholly or partially in the county, with the358
greatest population. All of the resolutions to exclude that359
approval shall be adopted not later than the first Monday of360
August of the year preceding the calendar year in which361
distributions are to be made under an alternative method of362
apportionment.363

       A motion granting or denying approval of an alternative364
method of apportionment under this division shall be adopted by a365
majority vote of the members of the board of county commissioners366
and by a majority vote of a majority of the boards of township367
trustees and legislative authorities of the municipal corporations368
located wholly or partially in the county, other than the city,369
located wholly or partially in the county, with the greatest370
population, shall take effect immediately, and need not be371
published. The alternative method of apportionment shall be372
adopted and approved annually, not later than the first Monday of373
August of the year preceding the calendar year in which374
distributions are to be made under it. A motion granting approval375
of an alternative method of apportionment under this division376
repeals any existing alternative method of apportionment,377
effective with distributions to be made from the fund in the378
ensuing calendar year. An alternative method of apportionment379
under this division shall not be revised or amended after the380
first Monday of August of the year preceding the calendar year in381
which distributions are to be made under it.382

       (D) In determining thean alternative method of383
apportionment authorized by this section, the county budget384
commission may include in suchthe method any factor considered to385
be appropriate and reliable, in the sole discretion of the county386
budget commission, but the commission shall give special387
consideration to the needs of villages incorporated after January388
1, 1980.389

       (C)(E) The limitations set forth in section 5747.62 of the390
Revised Code, stating the maximum amount that the county may391
receive from suchthe undivided local government revenue392
assistance fund and the minimum amount the townships in counties393
having a population of less than one hundred thousand may receive394
from suchthe fund, are applicable to any alternative method of395
apportionment authorized under this section.396

       (D)(F) On the basis of any alternative method of397
apportionment adopted and approved as authorized by this section,398
as certified by the auditor to the county treasurer, the county399
treasurer shall make distribution of the money in the undivided400
local government revenue assistance fund to each subdivision401
eligible to participate in suchthe fund, and the auditor, when402
the amount of suchthose shares is in the custody of the treasurer403
in the amounts so computed to be due the respective subdivisions,404
shall at the same time certify to the tax commissioner the405
percentage share of the county as a subdivision. All money406
received by a subdivision from the county undivided local407
government revenue assistance fund shall be paid into the408
subdivision's general fund and used for theits current operating409
expenses.410

       (E)(G) The actions of the county budget commission taken411
pursuant to this section are final and may not be appealed to the412
board of tax appeals, except on the issues of abuse of discretion413
and failure to comply with the formula.414

       Section 2.  That existing sections 5705.321, 5747.53, and415
5747.63 of the Revised Code are hereby repealed.416

       Section 3. (A) Notwithstanding the date specified in 417
division (C) of section 5705.321, division (C) of section 5747.53, 418
or division (C) of section 5747.63 of the Revised Code, as amended 419
by this act, an alternative method of apportionment may be adopted 420
and approved as provided in one or more of those divisions not 421
later than September 2, 2002, for distributions of County Library 422
and Local Government Support Fund, Undivided Local Government 423
Fund, or Undivided Local Government Revenue Assistance Fund moneys 424
during 2003.425

       (B) Notwithstanding the completion date specified in section 426
5705.27 of the Revised Code, the day by which a county budget 427
commission must complete its work in 2002 in a county in which an 428
alternative method of apportionment is adopted and approved as 429
provided in division (C) of section 5705.321, division (C) of 430
section 5747.53, or division (C) of section 5747.63 of the Revised 431
Code, as amended by this act, is hereby extended to October 1, 432
2002, unless the Tax Commissioner, for good cause, extends the 433
time for completing the work to a later date.434

       Section 4. Section 3 of this act is hereby repealed, 435
effective December 31, 2002.436