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To amend sections 5751.20 and 5751.21 of the Revised | 1 |
Code to modify the school district reimbursement | 2 |
schedule for the loss of revenue from the tangible | 3 |
personal property tax phase-out. | 4 |
Section 1. That sections 5751.20 and 5751.21 of the Revised | 5 |
Code be amended to read as follows: | 6 |
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 7 |
the Revised Code: | 8 |
(1) "School district," "joint vocational school district," | 9 |
"local taxing unit," "recognized valuation," "fixed-rate levy," | 10 |
and "fixed-sum levy" have the same meanings as used in section | 11 |
5727.84 of the Revised Code. | 12 |
(2) "State education aid" for a school district means the | 13 |
following: | 14 |
(a) For fiscal years prior to fiscal year 2010, the sum of | 15 |
state aid amounts computed for the district under the following | 16 |
provisions, as they existed for the applicable fiscal year: | 17 |
division (A) of section 3317.022 of the Revised Code, including | 18 |
the amounts calculated under sections 3317.029 and 3317.0217 of | 19 |
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of | 20 |
section 3317.022; divisions (B), (C), and (D) of section 3317.023; | 21 |
divisions (L) and (N) of section 3317.024; section 3317.0216; and | 22 |
any unit payments for gifted student services paid under sections | 23 |
3317.05, 3317.052, and 3317.053 of the Revised Code; except that, | 24 |
for fiscal years 2008 and 2009, the amount computed for the | 25 |
district under Section 269.20.80 of H.B. 119 of the 127th general | 26 |
assembly and as that section subsequently may be amended shall be | 27 |
substituted for the amount computed under division (D) of section | 28 |
3317.022 of the Revised Code, and the amount computed under | 29 |
Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 30 |
that section subsequently may be amended shall be included. | 31 |
(b) For fiscal years 2010 and 2011, the sum of the amounts | 32 |
computed under former sections 3306.052, 3306.12, 3306.13, | 33 |
3306.19, 3306.191, and 3306.192 of the Revised Code; | 34 |
(c) For fiscal years 2012 and 2013, the amount paid in | 35 |
accordance with | 36 |
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED | 37 |
VILLAGE, AND LOCAL SCHOOL DISTRICTS." | 38 |
(3) "State education aid" for a joint vocational school | 39 |
district means the following: | 40 |
(a) For fiscal years prior to fiscal year 2010, the sum of | 41 |
the state aid computed for the district under division (N) of | 42 |
section 3317.024 and section 3317.16 of the Revised Code, except | 43 |
that, for fiscal years 2008 and 2009, the amount computed under | 44 |
Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 45 |
that section subsequently may be amended shall be included. | 46 |
(b) For fiscal years 2010 and 2011, the amount paid in | 47 |
accordance with | 48 |
128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL | 49 |
SCHOOL DISTRICTS." | 50 |
(c) For fiscal years 2012 and 2013, the amount paid in | 51 |
accordance with | 52 |
129th general assembly entitled "FUNDING FOR JOINT VOCATIONAL | 53 |
SCHOOL DISTRICTS." | 54 |
(4) "State education aid offset" means the amount determined | 55 |
for each school district or joint vocational school district under | 56 |
division (A)(1) of section 5751.21 of the Revised Code. | 57 |
(5) "Machinery and equipment property tax value loss" means | 58 |
the amount determined under division (C)(1) of this section. | 59 |
(6) "Inventory property tax value loss" means the amount | 60 |
determined under division (C)(2) of this section. | 61 |
(7) "Furniture and fixtures property tax value loss" means | 62 |
the amount determined under division (C)(3) of this section. | 63 |
(8) "Machinery and equipment fixed-rate levy loss" means the | 64 |
amount determined under division (D)(1) of this section. | 65 |
(9) "Inventory fixed-rate levy loss" means the amount | 66 |
determined under division (D)(2) of this section. | 67 |
(10) "Furniture and fixtures fixed-rate levy loss" means the | 68 |
amount determined under division (D)(3) of this section. | 69 |
(11) "Total fixed-rate levy loss" means the sum of the | 70 |
machinery and equipment fixed-rate levy loss, the inventory | 71 |
fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 72 |
loss, and the telephone company fixed-rate levy loss. | 73 |
(12) "Fixed-sum levy loss" means the amount determined under | 74 |
division (E) of this section. | 75 |
(13) "Machinery and equipment" means personal property | 76 |
subject to the assessment rate specified in division (F) of | 77 |
section 5711.22 of the Revised Code. | 78 |
(14) "Inventory" means personal property subject to the | 79 |
assessment rate specified in division (E) of section 5711.22 of | 80 |
the Revised Code. | 81 |
(15) "Furniture and fixtures" means personal property subject | 82 |
to the assessment rate specified in division (G) of section | 83 |
5711.22 of the Revised Code. | 84 |
(16) "Qualifying levies" are levies in effect for tax year | 85 |
2004 or applicable to tax year 2005 or approved at an election | 86 |
conducted before September 1, 2005. For the purpose of determining | 87 |
the rate of a qualifying levy authorized by section 5705.212 or | 88 |
5705.213 of the Revised Code, the rate shall be the rate that | 89 |
would be in effect for tax year 2010. | 90 |
(17) "Telephone property" means tangible personal property of | 91 |
a telephone, telegraph, or interexchange telecommunications | 92 |
company subject to an assessment rate specified in section | 93 |
5727.111 of the Revised Code in tax year 2004. | 94 |
(18) "Telephone property tax value loss" means the amount | 95 |
determined under division (C)(4) of this section. | 96 |
(19) "Telephone property fixed-rate levy loss" means the | 97 |
amount determined under division (D)(4) of this section. | 98 |
(20) "Taxes charged and payable" means taxes charged and | 99 |
payable after the reduction required by section 319.301 of the | 100 |
Revised Code but before the reductions required by sections | 101 |
319.302 and 323.152 of the Revised Code. | 102 |
(21) "Median estate tax collections" means, in the case of a | 103 |
municipal corporation to which revenue from the taxes levied in | 104 |
Chapter 5731. of the Revised Code was distributed in each of | 105 |
calendar years 2006, 2007, 2008, and 2009, the median of those | 106 |
distributions. In the case of a municipal corporation to which no | 107 |
distributions were made in one or more of those years, "median | 108 |
estate tax collections" means zero. | 109 |
(22) "Total resources," in the case of a school district, | 110 |
means the sum of the amounts in divisions (A)(22)(a) to (h) of | 111 |
this section less any reduction required under division (A)(32) of | 112 |
this section. | 113 |
(a) The state education aid for fiscal year 2010; | 114 |
(b) The sum of the payments received by the school district | 115 |
in fiscal year 2010 for current expense levy losses pursuant to | 116 |
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of | 117 |
section 5751.21 of the Revised Code, excluding the portion of such | 118 |
payments attributable to levies for joint vocational school | 119 |
district purposes; | 120 |
(c) The sum of fixed-sum levy loss payments received by the | 121 |
school district in fiscal year 2010 pursuant to division (E)(1) of | 122 |
section 5727.85 and division (E)(1) of section 5751.21 of the | 123 |
Revised Code for fixed-sum levies imposed for a purpose other than | 124 |
paying debt charges; | 125 |
(d) Fifty per cent of the school district's taxes charged and | 126 |
payable against all property on the tax list of real and public | 127 |
utility property for current expense purposes for tax year 2008, | 128 |
including taxes charged and payable from emergency levies imposed | 129 |
under section 5709.194 of the Revised Code and excluding taxes | 130 |
levied for joint vocational school district purposes; | 131 |
(e) Fifty per cent of the school district's taxes charged and | 132 |
payable against all property on the tax list of real and public | 133 |
utility property for current expenses for tax year 2009, including | 134 |
taxes charged and payable from emergency levies and excluding | 135 |
taxes levied for joint vocational school district purposes; | 136 |
(f) The school district's taxes charged and payable against | 137 |
all property on the general tax list of personal property for | 138 |
current expenses for tax year 2009, including taxes charged and | 139 |
payable from emergency levies; | 140 |
(g) The amount certified for fiscal year 2010 under division | 141 |
(A)(2) of section 3317.08 of the Revised Code; | 142 |
(h) Distributions received during calendar year 2009 from | 143 |
taxes levied under section 718.09 of the Revised Code. | 144 |
(23) "Total resources," in the case of a joint vocational | 145 |
school district, means the sum of amounts in divisions (A)(23)(a) | 146 |
to (g) of this section less any reduction required under division | 147 |
(A)(32) of this section. | 148 |
(a) The state education aid for fiscal year 2010; | 149 |
(b) The sum of the payments received by the joint vocational | 150 |
school district in fiscal year 2010 for current expense levy | 151 |
losses pursuant to division (C)(2) of section 5727.85 and | 152 |
divisions (C)(8) and (9) of section 5751.21 of the Revised Code; | 153 |
(c) Fifty per cent of the joint vocational school district's | 154 |
taxes charged and payable against all property on the tax list of | 155 |
real and public utility property for current expense purposes for | 156 |
tax year 2008; | 157 |
(d) Fifty per cent of the joint vocational school district's | 158 |
taxes charged and payable against all property on the tax list of | 159 |
real and public utility property for current expenses for tax year | 160 |
2009; | 161 |
(e) Fifty per cent of a city, local, or exempted village | 162 |
school district's taxes charged and payable against all property | 163 |
on the tax list of real and public utility property for current | 164 |
expenses of the joint vocational school district for tax year | 165 |
2008; | 166 |
(f) Fifty per cent of a city, local, or exempted village | 167 |
school district's taxes charged and payable against all property | 168 |
on the tax list of real and public utility property for current | 169 |
expenses of the joint vocational school district for tax year | 170 |
2009; | 171 |
(g) The joint vocational school district's taxes charged and | 172 |
payable against all property on the general tax list of personal | 173 |
property for current expenses for tax year 2009. | 174 |
(24) "Total resources," in the case of county mental health | 175 |
and disability related functions, means the sum of the amounts in | 176 |
divisions (A)(24)(a) and (b) of this section less any reduction | 177 |
required under division (A)(32) of this section. | 178 |
(a) The sum of the payments received by the county for mental | 179 |
health and developmental disability related functions in calendar | 180 |
year 2010 under division (A)(1) of section 5727.86 and | 181 |
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as | 182 |
they existed at that time; | 183 |
(b) With respect to taxes levied by the county for mental | 184 |
health and developmental disability related purposes, the taxes | 185 |
charged and payable for such purposes against all property on the | 186 |
tax list of real and public utility property for tax year 2009. | 187 |
(25) "Total resources," in the case of county senior services | 188 |
related functions, means the sum of the amounts in divisions | 189 |
(A)(25)(a) and (b) of this section less any reduction required | 190 |
under division (A)(32) of this section. | 191 |
(a) The sum of the payments received by the county for senior | 192 |
services related functions in calendar year 2010 under division | 193 |
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section | 194 |
5751.22 of the Revised Code as they existed at that time; | 195 |
(b) With respect to taxes levied by the county for senior | 196 |
services related purposes, the taxes charged and payable for such | 197 |
purposes against all property on the tax list of real and public | 198 |
utility property for tax year 2009. | 199 |
(26) "Total resources," in the case of county children's | 200 |
services related functions, means the sum of the amounts in | 201 |
divisions (A)(26)(a) and (b) of this section less any reduction | 202 |
required under division (A)(32) of this section. | 203 |
(a) The sum of the payments received by the county for | 204 |
children's services related functions in calendar year 2010 under | 205 |
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of | 206 |
section 5751.22 of the Revised Code as they existed at that time; | 207 |
(b) With respect to taxes levied by the county for children's | 208 |
services related purposes, the taxes charged and payable for such | 209 |
purposes against all property on the tax list of real and public | 210 |
utility property for tax year 2009. | 211 |
(27) "Total resources," in the case of county public health | 212 |
related functions, means the sum of the amounts in divisions | 213 |
(A)(27)(a) and (b) of this section less any reduction required | 214 |
under division (A)(32) of this section. | 215 |
(a) The sum of the payments received by the county for public | 216 |
health related functions in calendar year 2010 under division | 217 |
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section | 218 |
5751.22 of the Revised Code as they existed at that time; | 219 |
(b) With respect to taxes levied by the county for public | 220 |
health related purposes, the taxes charged and payable for such | 221 |
purposes against all property on the tax list of real and public | 222 |
utility property for tax year 2009. | 223 |
(28) "Total resources," in the case of all county functions | 224 |
not included in divisions (A)(24) to (27) of this section, means | 225 |
the sum of the amounts in divisions (A)(28)(a) to (d) of this | 226 |
section less any reduction required under division (A)(32) of this | 227 |
section. | 228 |
(a) The sum of the payments received by the county for all | 229 |
other purposes in calendar year 2010 under division (A)(1) of | 230 |
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of | 231 |
the Revised Code as they existed at that time; | 232 |
(b) The county's percentage share of county undivided local | 233 |
government fund allocations as certified to the tax commissioner | 234 |
for calendar year 2010 by the county auditor under division (J) of | 235 |
section 5747.51 of the Revised Code or division (F) of section | 236 |
5747.53 of the Revised Code multiplied by the total amount | 237 |
actually distributed in calendar year 2010 from the county | 238 |
undivided local government fund; | 239 |
(c) With respect to taxes levied by the county for all other | 240 |
purposes, the taxes charged and payable for such purposes against | 241 |
all property on the tax list of real and public utility property | 242 |
for tax year 2009, excluding taxes charged and payable for the | 243 |
purpose of paying debt charges; | 244 |
(d) The sum of the amounts distributed to the county in | 245 |
calendar year 2010 for the taxes levied pursuant to sections | 246 |
5739.021 and 5741.021 of the Revised Code. | 247 |
(29) "Total resources," in the case of a municipal | 248 |
corporation, means the sum of the amounts in divisions (A)(29)(a) | 249 |
to (g) of this section less any reduction required under division | 250 |
(A)(32) of this section. | 251 |
(a) The sum of the payments received by the municipal | 252 |
corporation in calendar year 2010 under division (A)(1) of section | 253 |
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the | 254 |
Revised Code as they existed at that time; | 255 |
(b) The municipal corporation's percentage share of county | 256 |
undivided local government fund allocations as certified to the | 257 |
tax commissioner for calendar year 2010 by the county auditor | 258 |
under division (J) of section 5747.51 of the Revised Code or | 259 |
division (F) of section 5747.53 of the Revised Code multiplied by | 260 |
the total amount actually distributed in calendar year 2010 from | 261 |
the county undivided local government fund; | 262 |
(c) The sum of the amounts distributed to the municipal | 263 |
corporation in calendar year 2010 pursuant to section 5747.50 of | 264 |
the Revised Code; | 265 |
(d) With respect to taxes levied by the municipal | 266 |
corporation, the taxes charged and payable against all property on | 267 |
the tax list of real and public utility property for current | 268 |
expenses, defined in division (A)(33) of this section, for tax | 269 |
year 2009; | 270 |
(e) The amount of admissions tax collected by the municipal | 271 |
corporation in calendar year 2008, or if such information has not | 272 |
yet been reported to the tax commissioner, in the most recent year | 273 |
before 2008 for which the municipal corporation has reported data | 274 |
to the commissioner; | 275 |
(f) The amount of income taxes collected by the municipal | 276 |
corporation in calendar year 2008, or if such information has not | 277 |
yet been reported to the tax commissioner, in the most recent year | 278 |
before 2008 for which the municipal corporation has reported data | 279 |
to the commissioner; | 280 |
(g) The municipal corporation's median estate tax | 281 |
collections. | 282 |
(30) "Total resources," in the case of a township, means the | 283 |
sum of the amounts in divisions (A)(30)(a) to (c) of this section | 284 |
less any reduction required under division (A)(32) of this | 285 |
section. | 286 |
(a) The sum of the payments received by the township in | 287 |
calendar year 2010 pursuant to division (A)(1) of section 5727.86 | 288 |
of the Revised Code and divisions (A)(1) and (2) of section | 289 |
5751.22 of the Revised Code as they existed at that time, | 290 |
excluding payments received for debt purposes; | 291 |
(b) The township's percentage share of county undivided local | 292 |
government fund allocations as certified to the tax commissioner | 293 |
for calendar year 2010 by the county auditor under division (J) of | 294 |
section 5747.51 of the Revised Code or division (F) of section | 295 |
5747.53 of the Revised Code multiplied by the total amount | 296 |
actually distributed in calendar year 2010 from the county | 297 |
undivided local government fund; | 298 |
(c) With respect to taxes levied by the township, the taxes | 299 |
charged and payable against all property on the tax list of real | 300 |
and public utility property for tax year 2009 excluding taxes | 301 |
charged and payable for the purpose of paying debt charges. | 302 |
(31) "Total resources," in the case of a local taxing unit | 303 |
that is not a county, municipal corporation, or township, means | 304 |
the sum of the amounts in divisions (A)(31)(a) to (e) of this | 305 |
section less any reduction required under division (A)(32) of this | 306 |
section. | 307 |
(a) The sum of the payments received by the local taxing unit | 308 |
in calendar year 2010 pursuant to division (A)(1) of section | 309 |
5727.86 of the Revised Code and divisions (A)(1) and (2) of | 310 |
section 5751.22 of the Revised Code as they existed at that time; | 311 |
(b) The local taxing unit's percentage share of county | 312 |
undivided local government fund allocations as certified to the | 313 |
tax commissioner for calendar year 2010 by the county auditor | 314 |
under division (J) of section 5747.51 of the Revised Code or | 315 |
division (F) of section 5747.53 of the Revised Code multiplied by | 316 |
the total amount actually distributed in calendar year 2010 from | 317 |
the county undivided local government fund; | 318 |
(c) With respect to taxes levied by the local taxing unit, | 319 |
the taxes charged and payable against all property on the tax list | 320 |
of real and public utility property for tax year 2009 excluding | 321 |
taxes charged and payable for the purpose of paying debt charges; | 322 |
(d) The amount received from the tax commissioner during | 323 |
calendar year 2010 for sales or use taxes authorized under | 324 |
sections 5739.023 and 5741.022 of the Revised Code; | 325 |
(e) For institutions of higher education receiving tax | 326 |
revenue from a local levy, as identified in section 3358.02 of the | 327 |
Revised Code, the final state share of instruction allocation for | 328 |
fiscal year 2010 as calculated by the board of regents and | 329 |
reported to the state controlling board. | 330 |
(32) If a fixed-rate levy that is a qualifying levy is not | 331 |
imposed in any year after tax year 2010, "total resources" used to | 332 |
compute payments to be made under division (C)(12) of section | 333 |
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the | 334 |
Revised Code in the tax years following the last year the levy is | 335 |
imposed shall be reduced by the amount of payments attributable to | 336 |
the fixed-rate levy loss of that levy as would be computed under | 337 |
division (C)(2) of section 5727.85, division (A)(1) of section | 338 |
5727.85, divisions (C)(8) and (9) of section 5751.21, or division | 339 |
(A)(1) of section 5751.22 of the Revised Code. | 340 |
(33) "Municipal current expense property tax levies" means | 341 |
all property tax levies of a municipality, except those with the | 342 |
following levy names: airport resurfacing; bond or any levy name | 343 |
including the word "bond"; capital improvement or any levy name | 344 |
including the word "capital"; debt or any levy name including the | 345 |
word "debt"; equipment or any levy name including the word | 346 |
"equipment," unless the levy is for combined operating and | 347 |
equipment; employee termination fund; fire pension or any levy | 348 |
containing the word "pension," including police pensions; | 349 |
fireman's fund or any practically similar name; sinking fund; road | 350 |
improvements or any levy containing the word "road"; fire truck or | 351 |
apparatus; flood or any levy containing the word "flood"; | 352 |
conservancy district; county health; note retirement; sewage, or | 353 |
any levy containing the words "sewage" or "sewer"; park | 354 |
improvement; parkland acquisition; storm drain; street or any levy | 355 |
name containing the word "street"; lighting, or any levy name | 356 |
containing the word "lighting"; and water. | 357 |
(34) "Current expense TPP allocation" means, in the case of a | 358 |
school district or joint vocational school district, the sum of | 359 |
the payments received by the school district in fiscal year 2011 | 360 |
pursuant to divisions (C)(10) and (11) of section 5751.21 of the | 361 |
Revised Code to the extent paid for current expense levies. In the | 362 |
case of a municipal corporation, "current expense TPP allocation" | 363 |
means the sum of the payments received by the municipal | 364 |
corporation in calendar year 2010 pursuant to divisions (A)(1) and | 365 |
(2) of section 5751.22 of the Revised Code to the extent paid for | 366 |
municipal current expense property tax levies as defined in | 367 |
division (A)(33) of this section. If a fixed-rate levy that is a | 368 |
qualifying levy is not imposed in any year after tax year 2010, | 369 |
"current expense TPP allocation" used to compute payments to be | 370 |
made under division (C)(12) of section 5751.21 or division | 371 |
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax | 372 |
years following the last year the levy is imposed shall be reduced | 373 |
by the amount of payments attributable to the fixed-rate levy loss | 374 |
of that levy as would be computed under divisions (C)(10) and (11) | 375 |
of section 5751.21 or division (A)(1) of section 5751.22 of the | 376 |
Revised Code. | 377 |
(35) "TPP allocation" means the sum of payments received by a | 378 |
local taxing unit in calendar year 2010 pursuant to divisions | 379 |
(A)(1) and (2) of section 5751.22 of the Revised Code. If a | 380 |
fixed-rate levy that is a qualifying levy is not imposed in any | 381 |
year after tax year 2010, "TPP allocation" used to compute | 382 |
payments to be made under division (A)(1)(b) or (c) of section | 383 |
5751.22 of the Revised Code in the tax years following the last | 384 |
year the levy is imposed shall be reduced by the amount of payment | 385 |
attributable to the fixed-rate levy loss of that levy as would be | 386 |
computed under division (A)(1) of that section. | 387 |
(36) "Total TPP allocation" means, in the case of a school | 388 |
district or joint vocational school district, the sum of the | 389 |
amounts received in fiscal year 2011 pursuant to divisions (C)(10) | 390 |
and (11) and (D) of section 5751.21 of the Revised Code. In the | 391 |
case of a local taxing unit, "total TPP allocation" means the sum | 392 |
of payments received by the unit in calendar year 2010 pursuant to | 393 |
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised | 394 |
Code. If a fixed-rate levy that is a qualifying levy is not | 395 |
imposed in any year after tax year 2010, "total TPP allocation" | 396 |
used to compute payments to be made under division (C)(12) of | 397 |
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of | 398 |
the Revised Code in the tax years following the last year the levy | 399 |
is imposed shall be reduced by the amount of payments attributable | 400 |
to the fixed-rate levy loss of that levy as would be computed | 401 |
under divisions (C)(10) and (11) of section 5751.21 or division | 402 |
(A)(1) of section 5751.22 of the Revised Code. | 403 |
(37) "Non-current expense TPP allocation" means the | 404 |
difference of total TPP allocation minus the sum of current | 405 |
expense TPP allocation and the portion of total TPP allocation | 406 |
constituting reimbursement for debt levies, pursuant to division | 407 |
(D) of section 5751.21 of the Revised Code in the case of a school | 408 |
district or joint vocational school district and pursuant to | 409 |
division (A)(3) of section 5751.22 of the Revised Code in the case | 410 |
of a municipal corporation. | 411 |
(38) "Threshold per cent" means, in the case of a school | 412 |
district or joint vocational school district, two per cent for | 413 |
fiscal year 2012 and four per cent for fiscal | 414 |
415 | |
cent" means two per cent for tax year 2011, four per cent for tax | 416 |
year 2012, and six per cent for tax years 2013 and thereafter. | 417 |
(B) The commercial activities tax receipts fund is hereby | 418 |
created in the state treasury and shall consist of money arising | 419 |
from the tax imposed under this chapter. Eighty-five | 420 |
one-hundredths of one per cent of the money credited to that fund | 421 |
shall be credited to the tax reform system implementation fund, | 422 |
which is hereby created in the state treasury, and shall be used | 423 |
to defray the costs incurred by the department of taxation in | 424 |
administering the tax imposed by this chapter and in implementing | 425 |
tax reform measures. The remainder in the commercial activities | 426 |
tax receipts fund shall be credited for each fiscal year in the | 427 |
following percentages to the general revenue fund, to the school | 428 |
district tangible property tax replacement fund, which is hereby | 429 |
created in the state treasury for the purpose of making the | 430 |
payments described in section 5751.21 of the Revised Code, and to | 431 |
the local government tangible property tax replacement fund, which | 432 |
is hereby created in the state treasury for the purpose of making | 433 |
the payments described in section 5751.22 of the Revised Code, in | 434 |
the following percentages: | 435 |
Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 436 | |
2006 | 67.7% | 22.6% | 9.7% | 437 | |
2007 | 0% | 70.0% | 30.0% | 438 | |
2008 | 0% | 70.0% | 30.0% | 439 | |
2009 | 0% | 70.0% | 30.0% | 440 | |
2010 | 0% | 70.0% | 30.0% | 441 | |
2011 | 0% | 70.0% | 30.0% | 442 | |
2012 | 25.0% | 52.5% | 22.5% | 443 | |
2013 and thereafter | 50.0% | 35.0% | 15.0% | 444 |
(C) Not later than September 15, 2005, the tax commissioner | 445 |
shall determine for each school district, joint vocational school | 446 |
district, and local taxing unit its machinery and equipment, | 447 |
inventory property, furniture and fixtures property, and telephone | 448 |
property tax value losses, which are the applicable amounts | 449 |
described in divisions (C)(1), (2), (3), and (4) of this section, | 450 |
except as provided in division (C)(5) of this section: | 451 |
(1) Machinery and equipment property tax value loss is the | 452 |
taxable value of machinery and equipment property as reported by | 453 |
taxpayers for tax year 2004 multiplied by: | 454 |
(a) For tax year 2006, thirty-three and eight-tenths per | 455 |
cent; | 456 |
(b) For tax year 2007, sixty-one and three-tenths per cent; | 457 |
(c) For tax year 2008, eighty-three per cent; | 458 |
(d) For tax year 2009 and thereafter, one hundred per cent. | 459 |
(2) Inventory property tax value loss is the taxable value of | 460 |
inventory property as reported by taxpayers for tax year 2004 | 461 |
multiplied by: | 462 |
(a) For tax year 2006, a fraction, the numerator of which is | 463 |
five and three-fourths and the denominator of which is | 464 |
twenty-three; | 465 |
(b) For tax year 2007, a fraction, the numerator of which is | 466 |
nine and one-half and the denominator of which is twenty-three; | 467 |
(c) For tax year 2008, a fraction, the numerator of which is | 468 |
thirteen and one-fourth and the denominator of which is | 469 |
twenty-three; | 470 |
(d) For tax year 2009 and thereafter a fraction, the | 471 |
numerator of which is seventeen and the denominator of which is | 472 |
twenty-three. | 473 |
(3) Furniture and fixtures property tax value loss is the | 474 |
taxable value of furniture and fixture property as reported by | 475 |
taxpayers for tax year 2004 multiplied by: | 476 |
(a) For tax year 2006, twenty-five per cent; | 477 |
(b) For tax year 2007, fifty per cent; | 478 |
(c) For tax year 2008, seventy-five per cent; | 479 |
(d) For tax year 2009 and thereafter, one hundred per cent. | 480 |
The taxable value of property reported by taxpayers used in | 481 |
divisions (C)(1), (2), and (3) of this section shall be such | 482 |
values as determined to be final by the tax commissioner as of | 483 |
August 31, 2005. Such determinations shall be final except for any | 484 |
correction of a clerical error that was made prior to August 31, | 485 |
2005, by the tax commissioner. | 486 |
(4) Telephone property tax value loss is the taxable value of | 487 |
telephone property as taxpayers would have reported that property | 488 |
for tax year 2004 if the assessment rate for all telephone | 489 |
property for that year were twenty-five per cent, multiplied by: | 490 |
(a) For tax year 2006, zero per cent; | 491 |
(b) For tax year 2007, zero per cent; | 492 |
(c) For tax year 2008, zero per cent; | 493 |
(d) For tax year 2009, sixty per cent; | 494 |
(e) For tax year 2010, eighty per cent; | 495 |
(f) For tax year 2011 and thereafter, one hundred per cent. | 496 |
(5) Division (C)(5) of this section applies to any school | 497 |
district, joint vocational school district, or local taxing unit | 498 |
in a county in which is located a facility currently or formerly | 499 |
devoted to the enrichment or commercialization of uranium or | 500 |
uranium products, and for which the total taxable value of | 501 |
property listed on the general tax list of personal property for | 502 |
any tax year from tax year 2001 to tax year 2004 was fifty per | 503 |
cent or less of the taxable value of such property listed on the | 504 |
general tax list of personal property for the next preceding tax | 505 |
year. | 506 |
In computing the fixed-rate levy losses under divisions | 507 |
(D)(1), (2), and (3) of this section for any school district, | 508 |
joint vocational school district, or local taxing unit to which | 509 |
division (C)(5) of this section applies, the taxable value of such | 510 |
property as listed on the general tax list of personal property | 511 |
for tax year 2000 shall be substituted for the taxable value of | 512 |
such property as reported by taxpayers for tax year 2004, in the | 513 |
taxing district containing the uranium facility, if the taxable | 514 |
value listed for tax year 2000 is greater than the taxable value | 515 |
reported by taxpayers for tax year 2004. For the purpose of making | 516 |
the computations under divisions (D)(1), (2), and (3) of this | 517 |
section, the tax year 2000 valuation is to be allocated to | 518 |
machinery and equipment, inventory, and furniture and fixtures | 519 |
property in the same proportions as the tax year 2004 values. For | 520 |
the purpose of the calculations in division (A) of section 5751.21 | 521 |
of the Revised Code, the tax year 2004 taxable values shall be | 522 |
used. | 523 |
To facilitate the calculations required under division (C) of | 524 |
this section, the county auditor, upon request from the tax | 525 |
commissioner, shall provide by August 1, 2005, the values of | 526 |
machinery and equipment, inventory, and furniture and fixtures for | 527 |
all single-county personal property taxpayers for tax year 2004. | 528 |
(D) Not later than September 15, 2005, the tax commissioner | 529 |
shall determine for each tax year from 2006 through 2009 for each | 530 |
school district, joint vocational school district, and local | 531 |
taxing unit its machinery and equipment, inventory, and furniture | 532 |
and fixtures fixed-rate levy losses, and for each tax year from | 533 |
2006 through 2011 its telephone property fixed-rate levy loss. | 534 |
Except as provided in division (F) of this section, such losses | 535 |
are the applicable amounts described in divisions (D)(1), (2), | 536 |
(3), and (4) of this section: | 537 |
(1) The machinery and equipment fixed-rate levy loss is the | 538 |
machinery and equipment property tax value loss multiplied by the | 539 |
sum of the tax rates of fixed-rate qualifying levies. | 540 |
(2) The inventory fixed-rate loss is the inventory property | 541 |
tax value loss multiplied by the sum of the tax rates of | 542 |
fixed-rate qualifying levies. | 543 |
(3) The furniture and fixtures fixed-rate levy loss is the | 544 |
furniture and fixture property tax value loss multiplied by the | 545 |
sum of the tax rates of fixed-rate qualifying levies. | 546 |
(4) The telephone property fixed-rate levy loss is the | 547 |
telephone property tax value loss multiplied by the sum of the tax | 548 |
rates of fixed-rate qualifying levies. | 549 |
(E) Not later than September 15, 2005, the tax commissioner | 550 |
shall determine for each school district, joint vocational school | 551 |
district, and local taxing unit its fixed-sum levy loss. The | 552 |
fixed-sum levy loss is the amount obtained by subtracting the | 553 |
amount described in division (E)(2) of this section from the | 554 |
amount described in division (E)(1) of this section: | 555 |
(1) The sum of the machinery and equipment property tax value | 556 |
loss, the inventory property tax value loss, | 557 |
fixtures property tax value loss, and | 558 |
telephone property tax value loss of the district or unit | 559 |
multiplied by the sum of the fixed-sum tax rates of qualifying | 560 |
levies. For 2006 through 2010, this computation shall include all | 561 |
qualifying levies remaining in effect for the current tax year and | 562 |
any school district levies imposed under section 5705.194 or | 563 |
5705.213 of the Revised Code that are qualifying levies not | 564 |
remaining in effect for the current year. For 2011 | 565 |
566 | |
567 | |
568 | |
computation shall include only qualifying levies remaining in | 569 |
effect for the current year. For purposes of this computation, a | 570 |
qualifying school district levy imposed under section 5705.194 or | 571 |
5705.213 of the Revised Code remains in effect in a year after | 572 |
2010 only if, for that year, the board of education levies a | 573 |
school district levy imposed under section 5705.194, 5705.199, | 574 |
5705.213, or 5705.219 of the Revised Code for an annual sum at | 575 |
least equal to the annual sum levied by the board in tax year 2004 | 576 |
less the amount of the payment certified under this division for | 577 |
2006. | 578 |
(2) The total taxable value in tax year 2004 less the sum of | 579 |
the machinery and equipment, inventory, furniture and fixtures, | 580 |
and telephone property tax value losses in each school district, | 581 |
joint vocational school district, and local taxing unit multiplied | 582 |
by one-half of one mill per dollar. | 583 |
(3) For the calculations in divisions (E)(1) and (2) of this | 584 |
section, the tax value losses are those that would be calculated | 585 |
for tax year 2009 under divisions (C)(1), (2), and (3) of this | 586 |
section and for tax year 2011 under division (C)(4) of this | 587 |
section. | 588 |
(4) To facilitate the calculation under divisions (D) and (E) | 589 |
of this section, not later than September 1, 2005, any school | 590 |
district, joint vocational school district, or local taxing unit | 591 |
that has a qualifying levy that was approved at an election | 592 |
conducted during 2005 before September 1, 2005, shall certify to | 593 |
the tax commissioner a copy of the county auditor's certificate of | 594 |
estimated property tax millage for such levy as required under | 595 |
division (B) of section 5705.03 of the Revised Code, which is the | 596 |
rate that shall be used in the calculations under such divisions. | 597 |
If the amount determined under division (E) of this section | 598 |
for any school district, joint vocational school district, or | 599 |
local taxing unit is greater than zero, that amount shall equal | 600 |
the reimbursement to be paid pursuant to division (E) of section | 601 |
5751.21 or division (A)(3) of section 5751.22 of the Revised Code, | 602 |
and the one-half of one mill that is subtracted under division | 603 |
(E)(2) of this section shall be apportioned among all contributing | 604 |
fixed-sum levies in the proportion that each levy bears to the sum | 605 |
of all fixed-sum levies within each school district, joint | 606 |
vocational school district, or local taxing unit. | 607 |
(F) If a school district levies a tax under section 5705.219 | 608 |
of the Revised Code, the fixed-rate levy loss for qualifying | 609 |
levies, to the extent repealed under that section, shall equal the | 610 |
sum of the following amounts in lieu of the amounts computed for | 611 |
such levies under division (D) of this section: | 612 |
(1) The sum of the rates of qualifying levies to the extent | 613 |
so repealed multiplied by the sum of the machinery and equipment, | 614 |
inventory, and furniture and fixtures tax value losses for 2009 | 615 |
616 |
(2) The sum of the rates of qualifying levies to the extent | 617 |
so repealed multiplied by the telephone property tax value loss | 618 |
for 2011 | 619 |
The fixed-rate levy losses for qualifying levies to the | 620 |
extent not repealed under section 5705.219 of the Revised Code | 621 |
shall be as determined under division (D) of this section. The | 622 |
revised fixed-rate levy losses determined under this division and | 623 |
division (D) of this section first apply in the year following the | 624 |
first year the district levies the tax under section 5705.219 of | 625 |
the Revised Code. | 626 |
(G) Not later than October 1, 2005, the tax commissioner | 627 |
shall certify to the department of education for every school | 628 |
district and joint vocational school district the machinery and | 629 |
equipment, inventory, furniture and fixtures, and telephone | 630 |
property tax value losses determined under division (C) of this | 631 |
section, the machinery and equipment, inventory, furniture and | 632 |
fixtures, and telephone fixed-rate levy losses determined under | 633 |
division (D) of this section, and the fixed-sum levy losses | 634 |
calculated under division (E) of this section. The calculations | 635 |
under divisions (D) and (E) of this section shall separately | 636 |
display the levy loss for each levy eligible for reimbursement. | 637 |
(H) Not later than October 1, 2005, the tax commissioner | 638 |
shall certify the amount of the fixed-sum levy losses to the | 639 |
county auditor of each county in which a school district, joint | 640 |
vocational school district, or local taxing unit with a fixed-sum | 641 |
levy loss reimbursement has territory. | 642 |
(I) Not later than the twenty-eighth day of February each | 643 |
year beginning in 2011 and ending in 2014, the tax commissioner | 644 |
shall certify to the department of education for each school | 645 |
district first levying a tax under section 5705.219 of the Revised | 646 |
Code in the preceding year the revised fixed-rate levy losses | 647 |
determined under divisions (D) and (F) of this section. | 648 |
Sec. 5751.21. (A) Not later than the thirtieth day of July | 649 |
of 2007 through 2010, the department of education shall consult | 650 |
with the director of budget and management and determine the | 651 |
following for each school district and each joint vocational | 652 |
school district eligible for payment under division (B) of this | 653 |
section: | 654 |
(1) The state education aid offset, which, except as provided | 655 |
in division (A)(1)(c) of this section, is the difference obtained | 656 |
by subtracting the amount described in division (A)(1)(b) of this | 657 |
section from the amount described in division (A)(1)(a) of this | 658 |
section: | 659 |
(a) The state education aid computed for the school district | 660 |
or joint vocational school district for the current fiscal year as | 661 |
of the thirtieth day of July; | 662 |
(b) The state education aid that would be computed for the | 663 |
school district or joint vocational school district for the | 664 |
current fiscal year as of the thirtieth day of July if the | 665 |
valuation used in the calculation in division (B)(1) of section | 666 |
3306.13 of the Revised Code as that division existed for fiscal | 667 |
years 2010 and 2011 included the machinery and equipment, | 668 |
inventory, furniture and fixtures, and telephone property tax | 669 |
value losses for the school district or joint vocational school | 670 |
district for the second preceding tax year, and if taxes charged | 671 |
and payable associated with the tax value losses are accounted for | 672 |
in any state education aid computation dependent on taxes charged | 673 |
and payable. | 674 |
(c) The state education aid offset for fiscal year 2010 and | 675 |
fiscal year 2011 equals the greater of the state education aid | 676 |
offset calculated for that fiscal year under divisions (A)(1)(a) | 677 |
and (b) of this section and the state education aid offset | 678 |
calculated for fiscal year 2009. For fiscal year 2012 and 2013, | 679 |
the state education aid offset equals the state education aid | 680 |
offset for fiscal year 2011. | 681 |
(2) For fiscal years 2008 through 2011, the greater of zero | 682 |
or the difference obtained by subtracting the state education aid | 683 |
offset determined under division (A)(1) of this section from the | 684 |
sum of the machinery and equipment fixed-rate levy loss, the | 685 |
inventory fixed-rate levy loss, furniture and fixtures fixed-rate | 686 |
levy loss, and telephone property fixed-rate levy loss certified | 687 |
under divisions (G) and (I) of section 5751.20 of the Revised Code | 688 |
for all taxing districts in each school district and joint | 689 |
vocational school district for the second preceding tax year. | 690 |
By the thirtieth day of July of each such year, the | 691 |
department of education and the director of budget and management | 692 |
shall agree upon the amount to be determined under division (A)(1) | 693 |
of this section. | 694 |
(B) On or before the thirty-first day of August of 2008, | 695 |
2009, and 2010, the department of education shall recalculate the | 696 |
offset described under division (A) of this section for the | 697 |
previous fiscal year and recalculate the payments made under | 698 |
division (C) of this section in the preceding fiscal year using | 699 |
the offset calculated under this division. If the payments | 700 |
calculated under this division differ from the payments made under | 701 |
division (C) of this section in the preceding fiscal year, the | 702 |
difference shall either be paid to a school district or recaptured | 703 |
from a school district through an adjustment at the same times | 704 |
during the current fiscal year that the payments under division | 705 |
(C) of this section are made. In August and October of the current | 706 |
fiscal year, the amount of each adjustment shall be three-sevenths | 707 |
of the amount calculated under this division. In May of the | 708 |
current fiscal year, the adjustment shall be one-seventh of the | 709 |
amount calculated under this division. | 710 |
(C) The department of education shall pay from the school | 711 |
district tangible property tax replacement fund to each school | 712 |
district and joint vocational school district all of the following | 713 |
for fixed-rate levy losses certified under divisions (G) and (I) | 714 |
of section 5751.20 of the Revised Code: | 715 |
(1) On or before May 31, 2006, one-seventh of the total | 716 |
fixed-rate levy loss for tax year 2006; | 717 |
(2) On or before August 31, 2006, and October 31, 2006, | 718 |
one-half of six-sevenths of the total fixed-rate levy loss for tax | 719 |
year 2006; | 720 |
(3) On or before May 31, 2007, one-seventh of the total | 721 |
fixed-rate levy loss for tax year 2007; | 722 |
(4) On or before August 31, 2007, and October 31, 2007, | 723 |
forty-three per cent of the amount determined under division | 724 |
(A)(2) of this section for fiscal year 2008, but not less than | 725 |
zero, plus one-half of six-sevenths of the difference between the | 726 |
total fixed-rate levy loss for tax year 2007 and the total | 727 |
fixed-rate levy loss for tax year 2006. | 728 |
(5) On or before May 31, 2008, fourteen per cent of the | 729 |
amount determined under division (A)(2) of this section for fiscal | 730 |
year 2008, but not less than zero, plus one-seventh of the | 731 |
difference between the total fixed-rate levy loss for tax year | 732 |
2008 and the total fixed-rate levy loss for tax year 2006. | 733 |
(6) On or before August 31, 2008, and October 31, 2008, | 734 |
forty-three per cent of the amount determined under division | 735 |
(A)(2) of this section for fiscal year 2009, but not less than | 736 |
zero, plus one-half of six-sevenths of the difference between the | 737 |
total fixed-rate levy loss in tax year 2008 and the total | 738 |
fixed-rate levy loss in tax year 2007. | 739 |
(7) On or before May 31, 2009, fourteen per cent of the | 740 |
amount determined under division (A)(2) of this section for fiscal | 741 |
year 2009, but not less than zero, plus one-seventh of the | 742 |
difference between the total fixed-rate levy loss for tax year | 743 |
2009 and the total fixed-rate levy loss for tax year 2007. | 744 |
(8) On or before August 31, 2009, and October 31, 2009, | 745 |
forty-three per cent of the amount determined under division | 746 |
(A)(2) of this section for fiscal year 2010, but not less than | 747 |
zero, plus one-half of six-sevenths of the difference between the | 748 |
total fixed-rate levy loss in tax year 2009 and the total | 749 |
fixed-rate levy loss in tax year 2008. | 750 |
(9) On or before May 31, 2010, fourteen per cent of the | 751 |
amount determined under division (A)(2) of this section for fiscal | 752 |
year 2010, but not less than zero, plus one-seventh of the | 753 |
difference between the total fixed-rate levy loss in tax year 2010 | 754 |
and the total fixed-rate levy loss in tax year 2008. | 755 |
(10) On or before August 31, 2010, and October 31, 2010, | 756 |
forty-three per cent of the amount determined under division | 757 |
(A)(2) of this section for fiscal year 2011, but not less than | 758 |
zero, plus one-half of six-sevenths of the difference between the | 759 |
telephone property fixed-rate levy loss for tax year 2010 and the | 760 |
telephone property fixed-rate levy loss for tax year 2009. | 761 |
(11) On or before May 31, 2011, fourteen per cent of the | 762 |
amount determined under division (A)(2) of this section for fiscal | 763 |
year 2011, but not less than zero, plus one-seventh of the | 764 |
difference between the telephone property fixed-rate levy loss for | 765 |
tax year 2011 and the telephone property fixed-rate levy loss for | 766 |
tax year 2009. | 767 |
(12) For fiscal years 2012 and | 768 |
the amounts in divisions (C)(12)(a) or (b) and (c) of this section | 769 |
shall be paid on or before the twentieth day of November and the | 770 |
last day of May: | 771 |
(a) If the ratio of current expense TPP allocation to total | 772 |
resources is equal to or less than the threshold per cent, zero; | 773 |
(b) If the ratio of current expense TPP allocation to total | 774 |
resources is greater than the threshold per cent, fifty per cent | 775 |
of the difference of current expense TPP allocation minus the | 776 |
product of total resources multiplied by the threshold per cent; | 777 |
(c) Fifty per cent of the product of non-current expense TPP | 778 |
allocation multiplied by seventy-five per cent for fiscal year | 779 |
2012 and fifty per cent for fiscal years 2013 and thereafter. | 780 |
(13) For fiscal years 2014 and thereafter, one-half of the | 781 |
amount calculated under division (C)(13)(a) of this section shall | 782 |
be paid on or before the twentieth day of November and the last | 783 |
day of May. | 784 |
(a) The sum of the payments received by the school district | 785 |
or joint vocational school district in fiscal year 2011 pursuant | 786 |
to divisions (C)(10) and (11) of this section, multiplied by the | 787 |
applicable percentage according to the following table: | 788 |
Fiscal Year | School District Classes | 789 |
Class I | Class II | Class III | Class IV | 790 | ||
2014 | 100% | 100% | 100% | 100% | 791 | |
2015 | 100% | 95% | 90% | 90% | 792 | |
2016 | 100% | 95% | 90% | 80% | 793 | |
2017 | 100% | 90% | 80% | 70% | 794 | |
2018 | 100% | 90% | 80% | 60% | 795 | |
2019 | 100% | 85% | 70% | 50% | 796 | |
2020 | 100% | 85% | 70% | 40% | 797 | |
2021 | 100% | 80% | 60% | 30% | 798 | |
2022 | 100% | 80% | 60% | 20% | 799 | |
2023 | 100% | 75% | 50% | 10% | 800 | |
2024 | 100% | 75% | 50% | 0% | 801 | |
2025 and 2026 | 100% | 70% | 40% | 0% | 802 | |
2027 and 2028 | 100% | 65% | 30% | 0% | 803 | |
2029 and 2030 | 100% | 60% | 20% | 0% | 804 | |
2031 and 2032 | 100% | 55% | 10% | 0% | 805 | |
2033 and 2034 | 100% | 50% | 0% | 0% | 806 | |
2035 and 2036 | 100% | 45% | 0% | 0% | 807 | |
2037 and 2038 | 100% | 40% | 0% | 0% | 808 | |
2039 and 2040 | 100% | 35% | 0% | 0% | 809 | |
2041 and 2042 | 100% | 30% | 0% | 0% | 810 | |
2043 and 2044 | 100% | 25% | 0% | 0% | 811 | |
2045 and 2046 | 100% | 20% | 0% | 0% | 812 | |
2047 and 2048 | 100% | 15% | 0% | 0% | 813 | |
2049 and 2050 | 100% | 10% | 0% | 0% | 814 | |
2051 and 2052 | 100% | 5% | 0% | 0% | 815 | |
2053 and thereafter | 100% | 0% | 0% | 0% | 816 |
(b) For purposes of this division: | 817 |
(i) "Class I" includes each school district and joint | 818 |
vocational district whose total fixed-rate levy loss as of tax | 819 |
year 2011 is at least ten per cent of the district's total | 820 |
resources. | 821 |
(ii) "Class II" includes each school district and joint | 822 |
vocational district whose total fixed-rate levy loss as of tax | 823 |
year 2011 is at least five and four-fifths per cent but less than | 824 |
ten per cent of the district's total resources. | 825 |
(iii) "Class III" includes each school district and joint | 826 |
vocational district whose total fixed-rate levy loss as of tax | 827 |
year 2011 is at least three and three-tenths per cent but less | 828 |
than five and four-fifths per cent of the district's total | 829 |
resources. | 830 |
(iv) "Class IV" includes each school district and joint | 831 |
vocational district whose total fixed-rate levy loss as of tax | 832 |
year 2011 is less than three and three-tenths per cent of the | 833 |
district's total resources. | 834 |
The department of education shall report to each school | 835 |
district and joint vocational school district the apportionment of | 836 |
the payments among the school district's or joint vocational | 837 |
school district's funds based on the certifications under | 838 |
divisions (G) and (I) of section 5751.20 of the Revised Code. | 839 |
(D) For taxes levied within the ten-mill limitation for debt | 840 |
purposes in tax year 2005, payments shall be made equal to one | 841 |
hundred per cent of the loss computed as if the tax were a | 842 |
fixed-rate levy, | 843 |
844 | |
continues to be used for debt purposes. If the purpose of such a | 845 |
qualifying levy is changed, that levy becomes subject to the | 846 |
payments determined in division (C) of this section. | 847 |
(E)(1) Not later than January 1, 2006, for each fixed-sum | 848 |
levy of each school district or joint vocational school district | 849 |
and for each year for which a determination is made under division | 850 |
(E) of section 5751.20 of the Revised Code that a fixed-sum levy | 851 |
loss is to be reimbursed, the tax commissioner shall certify to | 852 |
the department of education the fixed-sum levy loss determined | 853 |
under that division. The certification shall cover a time period | 854 |
sufficient to include all fixed-sum levies for which the | 855 |
commissioner made such a determination. On or before the last day | 856 |
of May of the current year, the department shall pay from the | 857 |
school district property tax replacement fund to the school | 858 |
district or joint vocational school district one-third of the | 859 |
fixed-sum levy loss so certified, plus one-third of the amount | 860 |
certified under division (I) of section 5751.20 of the Revised | 861 |
Code, and on or before the twentieth day of November, two-thirds | 862 |
of the fixed-sum levy loss so certified, plus two-thirds of the | 863 |
amount certified under division (I) of section 5751.20 of the | 864 |
Revised Code. Payments under this division of the amounts | 865 |
certified under division (I) of section 5751.20 of the Revised | 866 |
Code shall continue until the levy adopted under section 5705.219 | 867 |
of the Revised Code expires. | 868 |
(2) Beginning in 2006, by the first day of January of each | 869 |
year, the tax commissioner shall review the certification | 870 |
originally made under division (E)(1) of this section. If the | 871 |
commissioner determines that a debt levy that had been scheduled | 872 |
to be reimbursed in the current year has expired, a revised | 873 |
certification for that and all subsequent years shall be made to | 874 |
the department of education. | 875 |
(F) Beginning in September 2007 and through June 2013, the | 876 |
director of budget and management shall transfer from the school | 877 |
district tangible property tax replacement fund to the general | 878 |
revenue fund each of the following: | 879 |
(1) On the first day of September, one-fourth of the amount | 880 |
determined for that fiscal year under division (A)(1) of this | 881 |
section; | 882 |
(2) On the first day of December, one-fourth of the amount | 883 |
determined for that fiscal year under division (A)(1) of this | 884 |
section; | 885 |
(3) On the first day of March, one-fourth of the amount | 886 |
determined for that fiscal year under division (A)(1) of this | 887 |
section; | 888 |
(4) On the first day of June, one-fourth of the amount | 889 |
determined for that fiscal year under division (A)(1) of this | 890 |
section. | 891 |
If, when a transfer is required under division (F)(1), (2), | 892 |
(3), or (4) of this section, there is not sufficient money in the | 893 |
school district tangible property tax replacement fund to make the | 894 |
transfer in the required amount, the director shall transfer the | 895 |
balance in the fund to the general revenue fund and may make | 896 |
additional transfers on later dates as determined by the director | 897 |
in a total amount that does not exceed one-fourth of the amount | 898 |
determined for the fiscal year. | 899 |
(G) If the total amount in the school district tangible | 900 |
property tax replacement fund is insufficient to make all payments | 901 |
under divisions (C), (D), and (E) of this section at the times the | 902 |
payments are to be made, the director of budget and management | 903 |
shall transfer from the general revenue fund to the school | 904 |
district tangible property tax replacement fund the difference | 905 |
between the total amount to be paid and the amount in the school | 906 |
district tangible property tax replacement fund. | 907 |
(H) On the fifteenth day of June of each year, the director | 908 |
of budget and management may transfer any balance in the school | 909 |
district tangible property tax replacement fund to the general | 910 |
revenue fund. | 911 |
(I) If all of the territory of a school district or joint | 912 |
vocational school district is merged with another district, or if | 913 |
a part of the territory of a school district or joint vocational | 914 |
school district is transferred to an existing or newly created | 915 |
district, the department of education, in consultation with the | 916 |
tax commissioner, shall adjust the payments made under this | 917 |
section as follows: | 918 |
(1) For a merger of two or more districts, the fixed-sum levy | 919 |
losses, total resources, current expense TPP allocation, total TPP | 920 |
allocation, and non-current expense TPP allocation of the | 921 |
successor district shall be the sum of such items for each of the | 922 |
districts involved in the merger. | 923 |
(2) If property is transferred from one district to a | 924 |
previously existing district, the amount of total resources, | 925 |
current expense TPP allocation, total TPP allocation, and | 926 |
non-current expense TPP allocation that shall be transferred to | 927 |
the recipient district shall be an amount equal to total | 928 |
resources, current expense TPP allocation, total TPP allocation, | 929 |
and non-current expense TPP allocation of the transferor district | 930 |
times a fraction, the numerator of which is the number of pupils | 931 |
being transferred to the recipient district, measured, in the case | 932 |
of a school district, by average daily membership as reported | 933 |
under division (A) of section 3317.03 of the Revised Code or, in | 934 |
the case of a joint vocational school district, by formula ADM as | 935 |
reported in division (D) of that section, and the denominator of | 936 |
which is the average daily membership or formula ADM of the | 937 |
transferor district. | 938 |
(3) After December 31, 2010, if property is transferred from | 939 |
one or more districts to a district that is newly created out of | 940 |
the transferred property, the newly created district shall be | 941 |
deemed not to have any total resources, current expense TPP | 942 |
allocation, total TPP allocation, or non-current expense TPP | 943 |
allocation. | 944 |
(4) If the recipient district under division (I)(2) of this | 945 |
section or the newly created district under division (I)(3) of | 946 |
this section is assuming debt from one or more of the districts | 947 |
from which the property was transferred and any of the districts | 948 |
losing the property had fixed-sum levy losses, the department of | 949 |
education, in consultation with the tax commissioner, shall make | 950 |
an equitable division of the fixed-sum levy loss reimbursements. | 951 |
Section 2. That existing sections 5751.20 and 5751.21 of the | 952 |
Revised Code are hereby repealed. | 953 |