(B) A tax expenditure created on or after April 15, 2008, | 18 |
expires at the end of the thirty-first day of December of the | 19 |
fifth year after the year in which it was created, unless, before | 20 |
its expiration date, it is renewed under section 5703.952 of the | 21 |
Revised Code. A tax expenditure does not apply to taxable years | 22 |
that begin in the year the tax expenditure expires. | 23 |
(C) Improves the tax expenditure's effectiveness in serving | 41 |
its purpose; redefines the tax expenditure's purpose to serve or | 42 |
better serve a public need; retains or improves the statutes that | 43 |
enhance, or amends or repeals statutes that impede, the tax | 44 |
expenditure's effectiveness in serving its purpose; improves the | 45 |
tax expenditure's effectiveness in promoting economic growth and | 46 |
development; reduces the amount of revenue lost as a result of the | 47 |
tax expenditure; or re-enacts the tax expenditure to continue it | 48 |
without change. | 49 |
Sec. 5703.953. Not later than the date that is twenty-four | 52 |
months before a tax expenditure expires, the tax commissioner | 53 |
shall notify the tax expenditure sunset review committee of the | 54 |
tax expenditure's expiration. The committee thereupon shall | 55 |
prepare a schedule for appraising the tax expenditure so that the | 56 |
appraisal and the report required under section 5703.956 of the | 57 |
Revised Code will be completed not later than the date that is | 58 |
twelve months before the tax expenditure expires. The schedule | 59 |
shall provide for a public hearing on the tax expenditure. The tax | 60 |
commissioner shall publish the schedule in the register of Ohio. | 61 |
(B) Each year, beginning in 2008, the legislative service | 83 |
commission shall prepare and submit to the committee a report that | 84 |
describes each tax expenditure created on or after April 15, 2008, | 85 |
or renewed under section 5703.952 of the Revised Code; identifies | 86 |
the tax expenditure's intended purpose; and appraises the tax | 87 |
expenditure's effectiveness using the methods prescribed in the | 88 |
act creating the tax expenditure. | 89 |
Sec. 5703.955. At the time and place specified in the | 90 |
schedule prepared under section 5703.953 of the Revised Code, the | 91 |
tax expenditure sunset review committee shall hold a public | 92 |
hearing on the tax expenditure, at which any person may present | 93 |
testimony or evidence relevant to the tax expenditure. After the | 94 |
hearing, the committee shall appraise the tax expenditure. In | 95 |
making its appraisal, the committee shall consider the reports | 96 |
submitted under section 5703.954 of the Revised Code and knowledge | 97 |
gleaned from the hearing, but is not limited to those sources. | 98 |
Upon the committee's request, the department of taxation, office | 99 |
of budget and management, and any other state agency shall provide | 100 |
the committee with any information in its possession that the | 101 |
committee requires to appraise the tax expenditure. The | 102 |
legislative service commission shall provide drafting and clerical | 103 |
support to the committee. | 104 |
In an appendix to its report, the committee shall include a | 123 |
draft of a bill that would implement its recommendation under | 124 |
division (G) of this section and, if the tax expenditure is | 125 |
recommended for renewal, complies with the requirements of section | 126 |
5703.952 of the Revised Code. If the committee recommends renewal | 127 |
of the tax expenditure, the appendix shall include a commentary to | 128 |
the bill draft explaining how renewal of the tax expenditure will | 129 |
fulfill the criteria specified in division (C) of section 5703.952 | 130 |
of the Revised Code. | 131 |
Sec. 5703.957. There is hereby created the tax expenditure | 135 |
sunset review committee composed of seven members. The president | 136 |
of the senate, within fifteen days after the first day of the | 137 |
first regular session of the general assembly, shall appoint two | 138 |
members of the senate to the committee, one from each political | 139 |
party. The speaker of the house of representatives, within fifteen | 140 |
days after the first day of the first regular session of the | 141 |
general assembly, shall appoint two members of the house of | 142 |
representatives to the committee, one from each political party. | 143 |
The governor, within fifteen days after the first day of the first | 144 |
regular session of the general assembly and with the advice and | 145 |
consent of the senate, shall appoint one member to the committee. | 146 |
The tax commissioner and the director of budget and management or | 147 |
their designees shall be ex-officio voting members. | 148 |
Legislative members of the committee hold office until their | 149 |
successors are appointed or until they earlier cease to be members | 150 |
of the senate or house of representatives, as the case may be. The | 151 |
member appointed by the governor holds office for a term ending on | 152 |
the thirty-first day of December of each even-numbered year. The | 153 |
member appointed by the governor continues to hold office after | 154 |
the expiration of the member's term until the member's successor | 155 |
is appointed, or until thirty days have elapsed, whichever occurs | 156 |
first. | 157 |
In the first regular session of the general assembly, the | 158 |
committee shall elect one of the members appointed from the house | 159 |
of representatives as chairperson of the committee and one of the | 160 |
members appointed from the senate as vice-chairperson of the | 161 |
committee. In the second regular session of the general assembly, | 162 |
the committee shall elect one of the members appointed from the | 163 |
senate as chairperson of the committee and one of the members | 164 |
appointed from the house of representatives as vice-chairperson of | 165 |
the committee. | 166 |
Section 2. A tax expenditure, as defined in section 5703.95 | 182 |
of the Revised Code, as enacted by this act, in existence on April | 183 |
15, 2008, expires at the end of December 31, 2008, unless, before | 184 |
that expiration date, it is renewed under section 5703.952 of the | 185 |
Revised Code, as enacted by this act. A tax expenditure in | 186 |
existence on April 15, 2008, that expires does not apply to | 187 |
taxable years beginning in or after 2009. | 188 |
Section 3. The Tax Commissioner shall prepare a list of the | 189 |
tax expenditures, as defined in section 5703.95 of the Revised | 190 |
Code, as enacted by this act, in existence on April 15, 2008, and | 191 |
shall provide a copy of the list to the chairperson of the Tax | 192 |
Expenditure Sunset Review Committee created by section 5703.957 of | 193 |
the Revised Code, as enacted by this act. The Committee thereupon | 194 |
shall prepare a schedule under section 5703.953 of the Revised | 195 |
Code, as enacted by this act, for appraising the listed tax | 196 |
expenditures so that the appraisal and the report required under | 197 |
section 5703.956 of the Revised Code, as enacted by this act, will | 198 |
be completed not later than November 1, 2008. The schedule shall | 199 |
provide for a public hearing on each tax expenditure. The Tax | 200 |
Commissioner shall publish the schedule in the Register of Ohio. | 201 |
On or before the date scheduled for a tax expenditure's public | 202 |
hearing, the Tax Commissioner, and any other state official | 203 |
responsible for administering the tax expenditure, shall submit | 204 |
the reports required under division (A) of section 5703.954 of the | 205 |
Revised Code, as enacted by this act. The Committee shall proceed | 206 |
to appraise the listed tax expenditures under section 5703.955 of | 207 |
the Revised Code, as enacted by this act, and to report upon its | 208 |
appraisal of the listed tax expenditures under section 5703.956 of | 209 |
the Revised Code. | 210 |
Section 4. (A) Not later than thirty days after the effective | 211 |
date of this act, the Governor, with the advice and consent of the | 212 |
Senate, shall make the Governor's initial appointment to the Tax | 213 |
Expenditure Sunset Review Committee under section 5703.957 of the | 214 |
Revised Code, as enacted by this act. The member thus appointed | 215 |
holds office for a term ending on December 31, 2008. Thereafter, | 216 |
the gubernatorial appointment and term of office shall be as | 217 |
prescribed in that section. | 218 |