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| To amend sections 5751.03 and 5751.20 and to enact | 1 |
| section 5751.031 of the Revised Code to reduce the | 2 |
| commercial activity tax (CAT) rate and minimum | 3 |
| payment amounts and to reduce the proportion of | 4 |
| CAT revenue allocated to the general revenue fund. | 5 |
| Section 1. That sections 5751.03 and 5751.20 be amended and | 6 |
| section 5751.031 of the Revised Code be enacted to read as | 7 |
| follows: | 8 |
| Sec. 5751.03. (A) Except as provided in division (B) of this | 9 |
| section and in section 5751.031 of the Revised Code, the tax levied | 10 |
|
under this section for each tax period shall be the product of | 11 |
| one and | 12 |
| the remainder of the taxpayer's taxable gross receipts for the tax | 13 |
| period after subtracting the exclusion amount provided for in | 14 |
| division (C) of this section. | 15 |
| (B) Notwithstanding division (C) of this section, the tax on | 16 |
| the first one million dollars in taxable gross receipts each | 17 |
| calendar year shall be calculated as follows: | 18 |
| (1) For taxpayers with annual taxable gross receipts of one | 19 |
|
million dollars or less for the calendar year, one hundred | 20 |
| twelve dollars and fifty cents; | 21 |
| (2) For taxpayers with annual taxable gross receipts greater | 22 |
| than one million dollars, but less than or equal to two million | 23 |
|
dollars for the calendar year, | 24 |
| (3) For taxpayers with annual taxable gross receipts greater | 25 |
| than two million dollars, but less than or equal to four million | 26 |
|
dollars for the calendar year, | 27 |
| seventy-five dollars; | 28 |
| (4) For taxpayers with annual taxable gross receipts greater | 29 |
|
than four million dollars for the calendar year, | 30 |
| 31 |
| The tax imposed under division (B)(1) of this section shall | 32 |
| be paid not later than the tenth day of May of each year along | 33 |
| with the annual tax return. The tax imposed under divisions | 34 |
| (B)(2), (3), and (4) of this section shall be paid not later than | 35 |
| the tenth day of May of each year along with the first quarter tax | 36 |
| return. | 37 |
| (C)(1) Each taxpayer may exclude the first one million | 38 |
| dollars of taxable gross receipts for a calendar year. Calendar | 39 |
| quarter taxpayers shall apply the full exclusion amount to the | 40 |
| first calendar quarter return the taxpayer files that calendar | 41 |
| year and may carry forward and apply any unused exclusion amount | 42 |
| to subsequent calendar quarters within that same calendar year. | 43 |
| (2) A taxpayer switching from a calendar year tax period to a | 44 |
| calendar quarter tax period may, for the first quarter of the | 45 |
| change, apply the full one-million-dollar exclusion amount to the | 46 |
| first calendar quarter return the taxpayer files that calendar | 47 |
| year. Such taxpayers may carry forward and apply any unused | 48 |
| exclusion amount to subsequent calendar quarters within that same | 49 |
| calendar year. The tax rate shall be based on the rate imposed | 50 |
| that calendar quarter when the taxpayer switches from a calendar | 51 |
| year to a calendar quarter tax period. | 52 |
| (3) A taxpayer shall not exclude more than one million | 53 |
| dollars pursuant to division (C) of this section in a calendar | 54 |
| year. | 55 |
| Sec. 5751.031. The tax imposed under section 5751.03 of the | 56 |
| Revised Code shall be computed as follows: | 57 |
| (A) For tax periods beginning in fiscal year 2014, by | 58 |
| multiplying the tax otherwise due by one and three hundred | 59 |
| thirty-three one thousandths; | 60 |
| (B) For tax periods beginning in fiscal year 2015, by | 61 |
| multiplying the tax otherwise due by one and two hundred | 62 |
| sixty-seven one thousandths; | 63 |
| (C) For tax periods beginning in fiscal year 2016, by | 64 |
| multiplying the tax otherwise due by one and two-tenths; | 65 |
| (D) For tax periods beginning in fiscal year 2017, by | 66 |
| multiplying the tax otherwise due by one and one hundred | 67 |
| thirty-three one thousandths; | 68 |
| (E) For tax periods beginning in fiscal year 2018, by | 69 |
| multiplying the tax otherwise due by one and sixty-seven one | 70 |
| thousandths; | 71 |
| (F) For tax periods beginning in fiscal year 2019 and | 72 |
| thereafter, by multiplying the tax otherwise due by one. | 73 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 74 |
| the Revised Code: | 75 |
| (1) "School district," "joint vocational school district," | 76 |
| "local taxing unit," "recognized valuation," "fixed-rate levy," | 77 |
| and "fixed-sum levy" have the same meanings as used in section | 78 |
| 5727.84 of the Revised Code. | 79 |
| (2) "State education aid" for a school district means the | 80 |
| following: | 81 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 82 |
| state aid amounts computed for the district under the following | 83 |
| provisions, as they existed for the applicable fiscal year: | 84 |
| division (A) of section 3317.022 of the Revised Code, including | 85 |
| the amounts calculated under former section 3317.029 and section | 86 |
| 3317.0217 of the Revised Code; divisions (C)(1), (C)(4), (D), (E), | 87 |
| and (F) of section 3317.022; divisions (B), (C), and (D) of | 88 |
| section 3317.023; divisions (L) and (N) of section 3317.024; | 89 |
| section 3317.0216; and any unit payments for gifted student | 90 |
| services paid under section 3317.05 and former sections 3317.052 | 91 |
| and 3317.053 of the Revised Code; except that, for fiscal years | 92 |
| 2008 and 2009, the amount computed for the district under Section | 93 |
| 269.20.80 of H.B. 119 of the 127th general assembly and as that | 94 |
| section subsequently may be amended shall be substituted for the | 95 |
| amount computed under division (D) of section 3317.022 of the | 96 |
| Revised Code, and the amount computed under Section 269.30.80 of | 97 |
| H.B. 119 of the 127th general assembly and as that section | 98 |
| subsequently may be amended shall be included. | 99 |
| (b) For fiscal years 2010 and 2011, the sum of the amounts | 100 |
| computed under former sections 3306.052, 3306.12, 3306.13, | 101 |
| 3306.19, 3306.191, and 3306.192 of the Revised Code; | 102 |
| (c) For fiscal years 2012 and 2013, the sum of the amounts | 103 |
| paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B. | 104 |
| 153 of the 129th general assembly; | 105 |
| (d) For fiscal year 2014 and each fiscal year thereafter, the | 106 |
| sum of state amounts computed for the district under section | 107 |
| 3317.022 of the Revised Code; except that, for fiscal years 2014 | 108 |
| and 2015, the amount computed for the district under the section | 109 |
| of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND | 110 |
| EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included. | 111 |
| (3) "State education aid" for a joint vocational school | 112 |
| district means the following: | 113 |
| (a) For fiscal years prior to fiscal year 2010, the sum of | 114 |
| the state aid computed for the district under division (N) of | 115 |
| section 3317.024 and former section 3317.16 of the Revised Code, | 116 |
| except that, for fiscal years 2008 and 2009, the amount computed | 117 |
| under Section 269.30.80 of H.B. 119 of the 127th general assembly | 118 |
| and as that section subsequently may be amended shall be included. | 119 |
| (b) For fiscal years 2010 and 2011, the amount paid in | 120 |
| accordance with Section 265.30.50 of H.B. 1 of the 128th general | 121 |
| assembly. | 122 |
| (c) For fiscal years 2012 and 2013, the amount paid in | 123 |
| accordance with Section 267.30.60 of H.B. 153 of the 129th general | 124 |
| assembly. | 125 |
| (d) For fiscal year 2014 and each fiscal year thereafter, the | 126 |
| amount computed for the district under section 3317.16 of the | 127 |
| Revised Code; except that, for fiscal years 2014 and 2015, the | 128 |
| amount computed for the district under the section of this act | 129 |
| entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS" | 130 |
| shall be included. | 131 |
| (4) "State education aid offset" means the amount determined | 132 |
| for each school district or joint vocational school district under | 133 |
| division (A)(1) of section 5751.21 of the Revised Code. | 134 |
| (5) "Machinery and equipment property tax value loss" means | 135 |
| the amount determined under division (C)(1) of this section. | 136 |
| (6) "Inventory property tax value loss" means the amount | 137 |
| determined under division (C)(2) of this section. | 138 |
| (7) "Furniture and fixtures property tax value loss" means | 139 |
| the amount determined under division (C)(3) of this section. | 140 |
| (8) "Machinery and equipment fixed-rate levy loss" means the | 141 |
| amount determined under division (D)(1) of this section. | 142 |
| (9) "Inventory fixed-rate levy loss" means the amount | 143 |
| determined under division (D)(2) of this section. | 144 |
| (10) "Furniture and fixtures fixed-rate levy loss" means the | 145 |
| amount determined under division (D)(3) of this section. | 146 |
| (11) "Total fixed-rate levy loss" means the sum of the | 147 |
| machinery and equipment fixed-rate levy loss, the inventory | 148 |
| fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 149 |
| loss, and the telephone company fixed-rate levy loss. | 150 |
| (12) "Fixed-sum levy loss" means the amount determined under | 151 |
| division (E) of this section. | 152 |
| (13) "Machinery and equipment" means personal property | 153 |
| subject to the assessment rate specified in division (F) of | 154 |
| section 5711.22 of the Revised Code. | 155 |
| (14) "Inventory" means personal property subject to the | 156 |
| assessment rate specified in division (E) of section 5711.22 of | 157 |
| the Revised Code. | 158 |
| (15) "Furniture and fixtures" means personal property subject | 159 |
| to the assessment rate specified in division (G) of section | 160 |
| 5711.22 of the Revised Code. | 161 |
| (16) "Qualifying levies" are levies in effect for tax year | 162 |
| 2004 or applicable to tax year 2005 or approved at an election | 163 |
| conducted before September 1, 2005. For the purpose of determining | 164 |
| the rate of a qualifying levy authorized by section 5705.212 or | 165 |
| 5705.213 of the Revised Code, the rate shall be the rate that | 166 |
| would be in effect for tax year 2010. | 167 |
| (17) "Telephone property" means tangible personal property of | 168 |
| a telephone, telegraph, or interexchange telecommunications | 169 |
| company subject to an assessment rate specified in section | 170 |
| 5727.111 of the Revised Code in tax year 2004. | 171 |
| (18) "Telephone property tax value loss" means the amount | 172 |
| determined under division (C)(4) of this section. | 173 |
| (19) "Telephone property fixed-rate levy loss" means the | 174 |
| amount determined under division (D)(4) of this section. | 175 |
| (20) "Taxes charged and payable" means taxes charged and | 176 |
| payable after the reduction required by section 319.301 of the | 177 |
| Revised Code but before the reductions required by sections | 178 |
| 319.302 and 323.152 of the Revised Code. | 179 |
| (21) "Median estate tax collections" means, in the case of a | 180 |
| municipal corporation to which revenue from the taxes levied in | 181 |
| Chapter 5731. of the Revised Code was distributed in each of | 182 |
| calendar years 2006, 2007, 2008, and 2009, the median of those | 183 |
| distributions. In the case of a municipal corporation to which no | 184 |
| distributions were made in one or more of those years, "median | 185 |
| estate tax collections" means zero. | 186 |
| (22) "Total resources," in the case of a school district, | 187 |
| means the sum of the amounts in divisions (A)(22)(a) to (h) of | 188 |
| this section less any reduction required under division (A)(32) or | 189 |
| (33) of this section. | 190 |
| (a) The state education aid for fiscal year 2010; | 191 |
| (b) The sum of the payments received by the school district | 192 |
| in fiscal year 2010 for current expense levy losses pursuant to | 193 |
| division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of | 194 |
| section 5751.21 of the Revised Code, excluding the portion of such | 195 |
| payments attributable to levies for joint vocational school | 196 |
| district purposes; | 197 |
| (c) The sum of fixed-sum levy loss payments received by the | 198 |
| school district in fiscal year 2010 pursuant to division (E)(1) of | 199 |
| section 5727.85 and division (E)(1) of section 5751.21 of the | 200 |
| Revised Code for fixed-sum levies charged and payable for a | 201 |
| purpose other than paying debt charges; | 202 |
| (d) Fifty per cent of the school district's taxes charged and | 203 |
| payable against all property on the tax list of real and public | 204 |
| utility property for current expense purposes for tax year 2008, | 205 |
| including taxes charged and payable from emergency levies charged | 206 |
| and payable under section 5709.194 of the Revised Code and | 207 |
| excluding taxes levied for joint vocational school district | 208 |
| purposes; | 209 |
| (e) Fifty per cent of the school district's taxes charged and | 210 |
| payable against all property on the tax list of real and public | 211 |
| utility property for current expenses for tax year 2009, including | 212 |
| taxes charged and payable from emergency levies and excluding | 213 |
| taxes levied for joint vocational school district purposes; | 214 |
| (f) The school district's taxes charged and payable against | 215 |
| all property on the general tax list of personal property for | 216 |
| current expenses for tax year 2009, including taxes charged and | 217 |
| payable from emergency levies; | 218 |
| (g) The amount certified for fiscal year 2010 under division | 219 |
| (A)(2) of section 3317.08 of the Revised Code; | 220 |
| (h) Distributions received during calendar year 2009 from | 221 |
| taxes levied under section 718.09 of the Revised Code. | 222 |
| (23) "Total resources," in the case of a joint vocational | 223 |
| school district, means the sum of amounts in divisions (A)(23)(a) | 224 |
| to (g) of this section less any reduction required under division | 225 |
| (A)(32) of this section. | 226 |
| (a) The state education aid for fiscal year 2010; | 227 |
| (b) The sum of the payments received by the joint vocational | 228 |
| school district in fiscal year 2010 for current expense levy | 229 |
| losses pursuant to division (C)(2) of section 5727.85 and | 230 |
| divisions (C)(8) and (9) of section 5751.21 of the Revised Code; | 231 |
| (c) Fifty per cent of the joint vocational school district's | 232 |
| taxes charged and payable against all property on the tax list of | 233 |
| real and public utility property for current expense purposes for | 234 |
| tax year 2008; | 235 |
| (d) Fifty per cent of the joint vocational school district's | 236 |
| taxes charged and payable against all property on the tax list of | 237 |
| real and public utility property for current expenses for tax year | 238 |
| 2009; | 239 |
| (e) Fifty per cent of a city, local, or exempted village | 240 |
| school district's taxes charged and payable against all property | 241 |
| on the tax list of real and public utility property for current | 242 |
| expenses of the joint vocational school district for tax year | 243 |
| 2008; | 244 |
| (f) Fifty per cent of a city, local, or exempted village | 245 |
| school district's taxes charged and payable against all property | 246 |
| on the tax list of real and public utility property for current | 247 |
| expenses of the joint vocational school district for tax year | 248 |
| 2009; | 249 |
| (g) The joint vocational school district's taxes charged and | 250 |
| payable against all property on the general tax list of personal | 251 |
| property for current expenses for tax year 2009. | 252 |
| (24) "Total resources," in the case of county mental health | 253 |
| and disability related functions, means the sum of the amounts in | 254 |
| divisions (A)(24)(a) and (b) of this section less any reduction | 255 |
| required under division (A)(32) of this section. | 256 |
| (a) The sum of the payments received by the county for mental | 257 |
| health and developmental disability related functions in calendar | 258 |
| year 2010 under division (A)(1) of section 5727.86 and divisions | 259 |
| (A)(1) and (2) of section 5751.22 of the Revised Code as they | 260 |
| existed at that time; | 261 |
| (b) With respect to taxes levied by the county for mental | 262 |
| health and developmental disability related purposes, the taxes | 263 |
| charged and payable for such purposes against all property on the | 264 |
| tax list of real and public utility property for tax year 2009. | 265 |
| (25) "Total resources," in the case of county senior services | 266 |
| related functions, means the sum of the amounts in divisions | 267 |
| (A)(25)(a) and (b) of this section less any reduction required | 268 |
| under division (A)(32) of this section. | 269 |
| (a) The sum of the payments received by the county for senior | 270 |
| services related functions in calendar year 2010 under division | 271 |
| (A)(1) of section 5727.86 and divisions (A)(1) and (2) of section | 272 |
| 5751.22 of the Revised Code as they existed at that time; | 273 |
| (b) With respect to taxes levied by the county for senior | 274 |
| services related purposes, the taxes charged and payable for such | 275 |
| purposes against all property on the tax list of real and public | 276 |
| utility property for tax year 2009. | 277 |
| (26) "Total resources," in the case of county children's | 278 |
| services related functions, means the sum of the amounts in | 279 |
| divisions (A)(26)(a) and (b) of this section less any reduction | 280 |
| required under division (A)(32) of this section. | 281 |
| (a) The sum of the payments received by the county for | 282 |
| children's services related functions in calendar year 2010 under | 283 |
| division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of | 284 |
| section 5751.22 of the Revised Code as they existed at that time; | 285 |
| (b) With respect to taxes levied by the county for children's | 286 |
| services related purposes, the taxes charged and payable for such | 287 |
| purposes against all property on the tax list of real and public | 288 |
| utility property for tax year 2009. | 289 |
| (27) "Total resources," in the case of county public health | 290 |
| related functions, means the sum of the amounts in divisions | 291 |
| (A)(27)(a) and (b) of this section less any reduction required | 292 |
| under division (A)(32) of this section. | 293 |
| (a) The sum of the payments received by the county for public | 294 |
| health related functions in calendar year 2010 under division | 295 |
| (A)(1) of section 5727.86 and divisions (A)(1) and (2) of section | 296 |
| 5751.22 of the Revised Code as they existed at that time; | 297 |
| (b) With respect to taxes levied by the county for public | 298 |
| health related purposes, the taxes charged and payable for such | 299 |
| purposes against all property on the tax list of real and public | 300 |
| utility property for tax year 2009. | 301 |
| (28) "Total resources," in the case of all county functions | 302 |
| not included in divisions (A)(24) to (27) of this section, means | 303 |
| the sum of the amounts in divisions (A)(28)(a) to (d) of this | 304 |
| section less any reduction required under division (A)(32) or (33) | 305 |
| of this section. | 306 |
| (a) The sum of the payments received by the county for all | 307 |
| other purposes in calendar year 2010 under division (A)(1) of | 308 |
| section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of | 309 |
| the Revised Code as they existed at that time; | 310 |
| (b) The county's percentage share of county undivided local | 311 |
| government fund allocations as certified to the tax commissioner | 312 |
| for calendar year 2010 by the county auditor under division (J) of | 313 |
| section 5747.51 of the Revised Code or division (F) of section | 314 |
| 5747.53 of the Revised Code multiplied by the total amount | 315 |
| actually distributed in calendar year 2010 from the county | 316 |
| undivided local government fund; | 317 |
| (c) With respect to taxes levied by the county for all other | 318 |
| purposes, the taxes charged and payable for such purposes against | 319 |
| all property on the tax list of real and public utility property | 320 |
| for tax year 2009, excluding taxes charged and payable for the | 321 |
| purpose of paying debt charges; | 322 |
| (d) The sum of the amounts distributed to the county in | 323 |
| calendar year 2010 for the taxes levied pursuant to sections | 324 |
| 5739.021 and 5741.021 of the Revised Code. | 325 |
| (29) "Total resources," in the case of a municipal | 326 |
| corporation, means the sum of the amounts in divisions (A)(29)(a) | 327 |
| to (g) of this section less any reduction required under division | 328 |
| (A)(32) or (33) of this section. | 329 |
| (a) The sum of the payments received by the municipal | 330 |
| corporation in calendar year 2010 for current expense levy losses | 331 |
| under division (A)(1) of section 5727.86 and divisions (A)(1) and | 332 |
| (2) of section 5751.22 of the Revised Code as they existed at that | 333 |
| time; | 334 |
| (b) The municipal corporation's percentage share of county | 335 |
| undivided local government fund allocations as certified to the | 336 |
| tax commissioner for calendar year 2010 by the county auditor | 337 |
| under division (J) of section 5747.51 of the Revised Code or | 338 |
| division (F) of section 5747.53 of the Revised Code multiplied by | 339 |
| the total amount actually distributed in calendar year 2010 from | 340 |
| the county undivided local government fund; | 341 |
| (c) The sum of the amounts distributed to the municipal | 342 |
| corporation in calendar year 2010 pursuant to section 5747.50 of | 343 |
| the Revised Code; | 344 |
| (d) With respect to taxes levied by the municipal | 345 |
| corporation, the taxes charged and payable against all property on | 346 |
| the tax list of real and public utility property for current | 347 |
| expenses, defined in division (A)(35) of this section, for tax | 348 |
| year 2009; | 349 |
| (e) The amount of admissions tax collected by the municipal | 350 |
| corporation in calendar year 2008, or if such information has not | 351 |
| yet been reported to the tax commissioner, in the most recent year | 352 |
| before 2008 for which the municipal corporation has reported data | 353 |
| to the commissioner; | 354 |
| (f) The amount of income taxes collected by the municipal | 355 |
| corporation in calendar year 2008, or if such information has not | 356 |
| yet been reported to the tax commissioner, in the most recent year | 357 |
| before 2008 for which the municipal corporation has reported data | 358 |
| to the commissioner; | 359 |
| (g) The municipal corporation's median estate tax | 360 |
| collections. | 361 |
| (30) "Total resources," in the case of a township, means the | 362 |
| sum of the amounts in divisions (A)(30)(a) to (c) of this section | 363 |
| less any reduction required under division (A)(32) or (33) of this | 364 |
| section. | 365 |
| (a) The sum of the payments received by the township in | 366 |
| calendar year 2010 pursuant to division (A)(1) of section 5727.86 | 367 |
| of the Revised Code and divisions (A)(1) and (2) of section | 368 |
| 5751.22 of the Revised Code as they existed at that time, | 369 |
| excluding payments received for debt purposes; | 370 |
| (b) The township's percentage share of county undivided local | 371 |
| government fund allocations as certified to the tax commissioner | 372 |
| for calendar year 2010 by the county auditor under division (J) of | 373 |
| section 5747.51 of the Revised Code or division (F) of section | 374 |
| 5747.53 of the Revised Code multiplied by the total amount | 375 |
| actually distributed in calendar year 2010 from the county | 376 |
| undivided local government fund; | 377 |
| (c) With respect to taxes levied by the township, the taxes | 378 |
| charged and payable against all property on the tax list of real | 379 |
| and public utility property for tax year 2009 excluding taxes | 380 |
| charged and payable for the purpose of paying debt charges. | 381 |
| (31) "Total resources," in the case of a local taxing unit | 382 |
| that is not a county, municipal corporation, or township, means | 383 |
| the sum of the amounts in divisions (A)(31)(a) to (e) of this | 384 |
| section less any reduction required under division (A)(32) of this | 385 |
| section. | 386 |
| (a) The sum of the payments received by the local taxing unit | 387 |
| in calendar year 2010 pursuant to division (A)(1) of section | 388 |
| 5727.86 of the Revised Code and divisions (A)(1) and (2) of | 389 |
| section 5751.22 of the Revised Code as they existed at that time; | 390 |
| (b) The local taxing unit's percentage share of county | 391 |
| undivided local government fund allocations as certified to the | 392 |
| tax commissioner for calendar year 2010 by the county auditor | 393 |
| under division (J) of section 5747.51 of the Revised Code or | 394 |
| division (F) of section 5747.53 of the Revised Code multiplied by | 395 |
| the total amount actually distributed in calendar year 2010 from | 396 |
| the county undivided local government fund; | 397 |
| (c) With respect to taxes levied by the local taxing unit, | 398 |
| the taxes charged and payable against all property on the tax list | 399 |
| of real and public utility property for tax year 2009 excluding | 400 |
| taxes charged and payable for the purpose of paying debt charges; | 401 |
| (d) The amount received from the tax commissioner during | 402 |
| calendar year 2010 for sales or use taxes authorized under | 403 |
| sections 5739.023 and 5741.022 of the Revised Code; | 404 |
| (e) For institutions of higher education receiving tax | 405 |
| revenue from a local levy, as identified in section 3358.02 of the | 406 |
| Revised Code, the final state share of instruction allocation for | 407 |
| fiscal year 2010 as calculated by the board of regents and | 408 |
| reported to the state controlling board. | 409 |
| (32) If a fixed-rate levy that is a qualifying levy is not | 410 |
| charged and payable in any year after tax year 2010, "total | 411 |
| resources" used to compute payments to be made under division | 412 |
| (C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section | 413 |
| 5751.22 of the Revised Code in the tax years following the last | 414 |
| year the levy is charged and payable shall be reduced to the | 415 |
| extent that the payments are attributable to the fixed-rate levy | 416 |
| loss of that levy as would be computed under division (C)(2) of | 417 |
| section 5727.85, division (A)(1) of section 5727.85, divisions | 418 |
| (C)(8) and (9) of section 5751.21, or division (A)(1) of section | 419 |
| 5751.22 of the Revised Code. | 420 |
| (33) In the case of a county, municipal corporation, school | 421 |
| district, or township with fixed-rate levy losses attributable to | 422 |
| a tax levied under section 5705.23 of the Revised Code, "total | 423 |
| resources" used to compute payments to be made under division | 424 |
| (C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86, | 425 |
| division (C)(12) of section 5751.21, or division (A)(1)(c) of | 426 |
| section 5751.22 of the Revised Code shall be reduced by the | 427 |
| amounts described in divisions (A)(34)(a) to (c) of this section | 428 |
| to the extent that those amounts were included in calculating the | 429 |
| "total resources" of the school district or local taxing unit | 430 |
| under division (A)(22), (28), (29), or (30) of this section. | 431 |
| (34) "Total library resources," in the case of a county, | 432 |
| municipal corporation, school district, or township public library | 433 |
| that receives the proceeds of a tax levied under section 5705.23 | 434 |
| of the Revised Code, means the sum of the amounts in divisions | 435 |
| (A)(34)(a) to (c) of this section less any reduction required | 436 |
| under division (A)(32) of this section. | 437 |
| (a) The sum of the payments received by the county, municipal | 438 |
| corporation, school district, or township public library in | 439 |
| calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the | 440 |
| Revised Code, as they existed at that time, for fixed-rate levy | 441 |
| losses attributable to a tax levied under section 5705.23 of the | 442 |
| Revised Code for the benefit of the public library; | 443 |
| (b) The public library's percentage share of county undivided | 444 |
| local government fund allocations as certified to the tax | 445 |
| commissioner for calendar year 2010 by the county auditor under | 446 |
| division (J) of section 5747.51 of the Revised Code or division | 447 |
| (F) of section 5747.53 of the Revised Code multiplied by the total | 448 |
| amount actually distributed in calendar year 2010 from the county | 449 |
| undivided local government fund; | 450 |
| (c) With respect to a tax levied pursuant to section 5705.23 | 451 |
| of the Revised Code for the benefit of the public library, the | 452 |
| amount of such tax that is charged and payable against all | 453 |
| property on the tax list of real and public utility property for | 454 |
| tax year 2009 excluding any tax that is charged and payable for | 455 |
| the purpose of paying debt charges. | 456 |
| (35) "Municipal current expense property tax levies" means | 457 |
| all property tax levies of a municipality, except those with the | 458 |
| following levy names: airport resurfacing; bond or any levy name | 459 |
| including the word "bond"; capital improvement or any levy name | 460 |
| including the word "capital"; debt or any levy name including the | 461 |
| word "debt"; equipment or any levy name including the word | 462 |
| "equipment," unless the levy is for combined operating and | 463 |
| equipment; employee termination fund; fire pension or any levy | 464 |
| containing the word "pension," including police pensions; | 465 |
| fireman's fund or any practically similar name; sinking fund; road | 466 |
| improvements or any levy containing the word "road"; fire truck or | 467 |
| apparatus; flood or any levy containing the word "flood"; | 468 |
| conservancy district; county health; note retirement; sewage, or | 469 |
| any levy containing the words "sewage" or "sewer"; park | 470 |
| improvement; parkland acquisition; storm drain; street or any levy | 471 |
| name containing the word "street"; lighting, or any levy name | 472 |
| containing the word "lighting"; and water. | 473 |
| (36) "Current expense TPP allocation" means, in the case of a | 474 |
| school district or joint vocational school district, the sum of | 475 |
| the payments received by the school district in fiscal year 2011 | 476 |
| pursuant to divisions (C)(10) and (11) of section 5751.21 of the | 477 |
| Revised Code to the extent paid for current expense levies. In the | 478 |
| case of a municipal corporation, "current expense TPP allocation" | 479 |
| means the sum of the payments received by the municipal | 480 |
| corporation in calendar year 2010 pursuant to divisions (A)(1) and | 481 |
| (2) of section 5751.22 of the Revised Code to the extent paid for | 482 |
| municipal current expense property tax levies as defined in | 483 |
| division (A)(35) of this section, excluding any such payments | 484 |
| received for current expense levy losses attributable to a tax | 485 |
| levied under section 5705.23 of the Revised Code. If a fixed-rate | 486 |
| levy that is a qualifying levy is not charged and payable in any | 487 |
| year after tax year 2010, "current expense TPP allocation" used to | 488 |
| compute payments to be made under division (C)(12) of section | 489 |
| 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the | 490 |
| Revised Code in the tax years following the last year the levy is | 491 |
| charged and payable shall be reduced to the extent that the | 492 |
| payments are attributable to the fixed-rate levy loss of that levy | 493 |
| as would be computed under divisions (C)(10) and (11) of section | 494 |
| 5751.21 or division (A)(1) of section 5751.22 of the Revised Code. | 495 |
| (37) "TPP allocation" means the sum of payments received by a | 496 |
| local taxing unit in calendar year 2010 pursuant to divisions | 497 |
| (A)(1) and (2) of section 5751.22 of the Revised Code, excluding | 498 |
| any such payments received for fixed-rate levy losses attributable | 499 |
| to a tax levied under section 5705.23 of the Revised Code. If a | 500 |
| fixed-rate levy that is a qualifying levy is not charged and | 501 |
| payable in any year after tax year 2010, "TPP allocation" used to | 502 |
| compute payments to be made under division (A)(1)(b) or (c) of | 503 |
| section 5751.22 of the Revised Code in the tax years following the | 504 |
| last year the levy is charged and payable shall be reduced to the | 505 |
| extent that the payments are attributable to the fixed-rate levy | 506 |
| loss of that levy as would be computed under division (A)(1) of | 507 |
| that section. | 508 |
| (38) "Total TPP allocation" means, in the case of a school | 509 |
| district or joint vocational school district, the sum of the | 510 |
| amounts received in fiscal year 2011 pursuant to divisions (C)(10) | 511 |
| and (11) and (D) of section 5751.21 of the Revised Code. In the | 512 |
| case of a local taxing unit, "total TPP allocation" means the sum | 513 |
| of payments received by the unit in calendar year 2010 pursuant to | 514 |
| divisions (A)(1), (2), and (3) of section 5751.22 of the Revised | 515 |
| Code. If a fixed-rate levy that is a qualifying levy is not | 516 |
| charged and payable in any year after tax year 2010, "total TPP | 517 |
| allocation" used to compute payments to be made under division | 518 |
| (C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section | 519 |
| 5751.22 of the Revised Code in the tax years following the last | 520 |
| year the levy is charged and payable shall be reduced to the | 521 |
| extent that the payments are attributable to the fixed-rate levy | 522 |
| loss of that levy as would be computed under divisions (C)(10) and | 523 |
| (11) of section 5751.21 or division (A)(1) of section 5751.22 of | 524 |
| the Revised Code. | 525 |
| (39) "Non-current expense TPP allocation" means the | 526 |
| difference of total TPP allocation minus the sum of current | 527 |
| expense TPP allocation and the portion of total TPP allocation | 528 |
| constituting reimbursement for debt levies, pursuant to division | 529 |
| (D) of section 5751.21 of the Revised Code in the case of a school | 530 |
| district or joint vocational school district and pursuant to | 531 |
| division (A)(3) of section 5751.22 of the Revised Code in the case | 532 |
| of a municipal corporation. | 533 |
| (40) "TPP allocation for library purposes" means the sum of | 534 |
| payments received by a county, municipal corporation, school | 535 |
| district, or township public library in calendar year 2010 | 536 |
| pursuant to section 5751.22 of the Revised Code for fixed-rate | 537 |
| levy losses attributable to a tax levied under section 5705.23 of | 538 |
| the Revised Code. If a fixed-rate levy authorized under section | 539 |
| 5705.23 of the Revised Code that is a qualifying levy is not | 540 |
| charged and payable in any year after tax year 2010, "TPP | 541 |
| allocation for library purposes" used to compute payments to be | 542 |
| made under division (A)(1)(d) of section 5751.22 of the Revised | 543 |
| Code in the tax years following the last year the levy is charged | 544 |
| and payable shall be reduced to the extent that the payments are | 545 |
| attributable to the fixed-rate levy loss of that levy as would be | 546 |
| computed under division (A)(1) of section 5751.22 of the Revised | 547 |
| Code. | 548 |
| (41) "Threshold per cent" means, in the case of a school | 549 |
| district or joint vocational school district, two per cent for | 550 |
| fiscal year 2012 and four per cent for fiscal years 2013 and | 551 |
| thereafter. In the case of a local taxing unit or public library | 552 |
| that receives the proceeds of a tax levied under section 5705.23 | 553 |
| of the Revised Code, "threshold per cent" means two per cent for | 554 |
| tax year 2011, four per cent for tax year 2012, and six per cent | 555 |
| for tax years 2013 and thereafter. | 556 |
| (B)(1) The commercial activities tax receipts fund is hereby | 557 |
| created in the state treasury and shall consist of money arising | 558 |
| from the tax imposed under this chapter. Eighty-five | 559 |
| one-hundredths of one per cent of the money credited to that fund | 560 |
| shall be credited to the revenue enhancement fund and shall be | 561 |
| used to defray the costs incurred by the department of taxation in | 562 |
| administering the tax imposed by this chapter and in implementing | 563 |
| tax reform measures. The remainder of the money in the commercial | 564 |
| activities tax receipts fund shall first be credited to the | 565 |
| commercial activity tax motor fuel receipts fund, pursuant to | 566 |
| division (B)(2) of this section, and the remainder shall be | 567 |
| credited in the following percentages each fiscal year to the | 568 |
| general revenue fund, to the school district tangible property tax | 569 |
| replacement fund, which is hereby created in the state treasury | 570 |
| for the purpose of making the payments described in section | 571 |
| 5751.21 of the Revised Code, and to the local government tangible | 572 |
| property tax replacement fund, which is hereby created in the | 573 |
| state treasury for the purpose of making the payments described in | 574 |
| section 5751.22 of the Revised Code, in the following percentages: | 575 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 576 | |
| 2006 | 67.7% | 22.6% | 9.7% | 577 | |
| 2007 | 0% | 70.0% | 30.0% | 578 | |
| 2008 | 0% | 70.0% | 30.0% | 579 | |
| 2009 | 0% | 70.0% | 30.0% | 580 | |
| 2010 | 0% | 70.0% | 30.0% | 581 | |
| 2011 | 0% | 70.0% | 30.0% | 582 | |
| 2012 | 25.0% | 52.5% | 22.5% | 583 | |
| 2013 |
50.0% | 35.0% | 15.0% | 584 | |
| 2014 | 50.0% | 35.0% | 15.0% | 585 | |
| 2015 | 46.7% | 37.3% | 16.0% | 586 | |
| 2016 | 43.3% | 39.7% | 17.0% | 587 | |
| 2017 | 40.0% | 42.0% | 18.0% | 588 | |
| 2018 | 36.7% | 44.3% | 19.0% | 589 | |
| 2019 | 33.3% | 46.7% | 20.0% | 590 | |
| and thereafter | 591 |
| (2) Not later than the twentieth day of February, May, | 592 |
| August, and November of each year, the commissioner shall provide | 593 |
| for payment from the commercial activities tax receipts fund to | 594 |
| the commercial activity tax motor fuel receipts fund an amount | 595 |
| that bears the same ratio to the balance in the commercial | 596 |
| activities tax receipts fund that (a) the taxable gross receipts | 597 |
| attributed to motor fuel used for propelling vehicles on public | 598 |
| highways as indicated by returns filed by the tenth day of that | 599 |
| month for a liability that is due and payable on or after July 1, | 600 |
| 2013, for a tax period ending before July 1, 2014, bears to (b) | 601 |
| all taxable gross receipts as indicated by those returns for such | 602 |
| liabilities. | 603 |
| (C) Not later than September 15, 2005, the tax commissioner | 604 |
| shall determine for each school district, joint vocational school | 605 |
| district, and local taxing unit its machinery and equipment, | 606 |
| inventory property, furniture and fixtures property, and telephone | 607 |
| property tax value losses, which are the applicable amounts | 608 |
| described in divisions (C)(1), (2), (3), and (4) of this section, | 609 |
| except as provided in division (C)(5) of this section: | 610 |
| (1) Machinery and equipment property tax value loss is the | 611 |
| taxable value of machinery and equipment property as reported by | 612 |
| taxpayers for tax year 2004 multiplied by: | 613 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 614 |
| cent; | 615 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 616 |
| (c) For tax year 2008, eighty-three per cent; | 617 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 618 |
| (2) Inventory property tax value loss is the taxable value of | 619 |
| inventory property as reported by taxpayers for tax year 2004 | 620 |
| multiplied by: | 621 |
| (a) For tax year 2006, a fraction, the numerator of which is | 622 |
| five and three-fourths and the denominator of which is | 623 |
| twenty-three; | 624 |
| (b) For tax year 2007, a fraction, the numerator of which is | 625 |
| nine and one-half and the denominator of which is twenty-three; | 626 |
| (c) For tax year 2008, a fraction, the numerator of which is | 627 |
| thirteen and one-fourth and the denominator of which is | 628 |
| twenty-three; | 629 |
| (d) For tax year 2009 and thereafter a fraction, the | 630 |
| numerator of which is seventeen and the denominator of which is | 631 |
| twenty-three. | 632 |
| (3) Furniture and fixtures property tax value loss is the | 633 |
| taxable value of furniture and fixture property as reported by | 634 |
| taxpayers for tax year 2004 multiplied by: | 635 |
| (a) For tax year 2006, twenty-five per cent; | 636 |
| (b) For tax year 2007, fifty per cent; | 637 |
| (c) For tax year 2008, seventy-five per cent; | 638 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 639 |
| The taxable value of property reported by taxpayers used in | 640 |
| divisions (C)(1), (2), and (3) of this section shall be such | 641 |
| values as determined to be final by the tax commissioner as of | 642 |
| August 31, 2005. Such determinations shall be final except for any | 643 |
| correction of a clerical error that was made prior to August 31, | 644 |
| 2005, by the tax commissioner. | 645 |
| (4) Telephone property tax value loss is the taxable value of | 646 |
| telephone property as taxpayers would have reported that property | 647 |
| for tax year 2004 if the assessment rate for all telephone | 648 |
| property for that year were twenty-five per cent, multiplied by: | 649 |
| (a) For tax year 2006, zero per cent; | 650 |
| (b) For tax year 2007, zero per cent; | 651 |
| (c) For tax year 2008, zero per cent; | 652 |
| (d) For tax year 2009, sixty per cent; | 653 |
| (e) For tax year 2010, eighty per cent; | 654 |
| (f) For tax year 2011 and thereafter, one hundred per cent. | 655 |
| (5) Division (C)(5) of this section applies to any school | 656 |
| district, joint vocational school district, or local taxing unit | 657 |
| in a county in which is located a facility currently or formerly | 658 |
| devoted to the enrichment or commercialization of uranium or | 659 |
| uranium products, and for which the total taxable value of | 660 |
| property listed on the general tax list of personal property for | 661 |
| any tax year from tax year 2001 to tax year 2004 was fifty per | 662 |
| cent or less of the taxable value of such property listed on the | 663 |
| general tax list of personal property for the next preceding tax | 664 |
| year. | 665 |
| In computing the fixed-rate levy losses under divisions | 666 |
| (D)(1), (2), and (3) of this section for any school district, | 667 |
| joint vocational school district, or local taxing unit to which | 668 |
| division (C)(5) of this section applies, the taxable value of such | 669 |
| property as listed on the general tax list of personal property | 670 |
| for tax year 2000 shall be substituted for the taxable value of | 671 |
| such property as reported by taxpayers for tax year 2004, in the | 672 |
| taxing district containing the uranium facility, if the taxable | 673 |
| value listed for tax year 2000 is greater than the taxable value | 674 |
| reported by taxpayers for tax year 2004. For the purpose of making | 675 |
| the computations under divisions (D)(1), (2), and (3) of this | 676 |
| section, the tax year 2000 valuation is to be allocated to | 677 |
| machinery and equipment, inventory, and furniture and fixtures | 678 |
| property in the same proportions as the tax year 2004 values. For | 679 |
| the purpose of the calculations in division (A) of section 5751.21 | 680 |
| of the Revised Code, the tax year 2004 taxable values shall be | 681 |
| used. | 682 |
| To facilitate the calculations required under division (C) of | 683 |
| this section, the county auditor, upon request from the tax | 684 |
| commissioner, shall provide by August 1, 2005, the values of | 685 |
| machinery and equipment, inventory, and furniture and fixtures for | 686 |
| all single-county personal property taxpayers for tax year 2004. | 687 |
| (D) Not later than September 15, 2005, the tax commissioner | 688 |
| shall determine for each tax year from 2006 through 2009 for each | 689 |
| school district, joint vocational school district, and local | 690 |
| taxing unit its machinery and equipment, inventory, and furniture | 691 |
| and fixtures fixed-rate levy losses, and for each tax year from | 692 |
| 2006 through 2011 its telephone property fixed-rate levy loss. | 693 |
| Except as provided in division (F) of this section, such losses | 694 |
| are the applicable amounts described in divisions (D)(1), (2), | 695 |
| (3), and (4) of this section: | 696 |
| (1) The machinery and equipment fixed-rate levy loss is the | 697 |
| machinery and equipment property tax value loss multiplied by the | 698 |
| sum of the tax rates of fixed-rate qualifying levies. | 699 |
| (2) The inventory fixed-rate loss is the inventory property | 700 |
| tax value loss multiplied by the sum of the tax rates of | 701 |
| fixed-rate qualifying levies. | 702 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 703 |
| furniture and fixture property tax value loss multiplied by the | 704 |
| sum of the tax rates of fixed-rate qualifying levies. | 705 |
| (4) The telephone property fixed-rate levy loss is the | 706 |
| telephone property tax value loss multiplied by the sum of the tax | 707 |
| rates of fixed-rate qualifying levies. | 708 |
| (E) Not later than September 15, 2005, the tax commissioner | 709 |
| shall determine for each school district, joint vocational school | 710 |
| district, and local taxing unit its fixed-sum levy loss. The | 711 |
| fixed-sum levy loss is the amount obtained by subtracting the | 712 |
| amount described in division (E)(2) of this section from the | 713 |
| amount described in division (E)(1) of this section: | 714 |
| (1) The sum of the machinery and equipment property tax value | 715 |
| loss, the inventory property tax value loss, and the furniture and | 716 |
| fixtures property tax value loss, and, for 2008 through 2010, the | 717 |
| telephone property tax value loss of the district or unit | 718 |
| multiplied by the sum of the fixed-sum tax rates of qualifying | 719 |
| levies. For 2006 through 2010, this computation shall include all | 720 |
| qualifying levies remaining in effect for the current tax year and | 721 |
| any school district levies charged and payable under section | 722 |
| 5705.194 or 5705.213 of the Revised Code that are qualifying | 723 |
| levies not remaining in effect for the current year. For 2011 | 724 |
| through 2017 in the case of school district levies charged and | 725 |
| payable under section 5705.194 or 5705.213 of the Revised Code and | 726 |
| for all years after 2010 in the case of other fixed-sum levies, | 727 |
| this computation shall include only qualifying levies remaining in | 728 |
| effect for the current year. For purposes of this computation, a | 729 |
| qualifying school district levy charged and payable under section | 730 |
| 5705.194 or 5705.213 of the Revised Code remains in effect in a | 731 |
| year after 2010 only if, for that year, the board of education | 732 |
| levies a school district levy charged and payable under section | 733 |
| 5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for | 734 |
| an annual sum at least equal to the annual sum levied by the board | 735 |
| in tax year 2004 less the amount of the payment certified under | 736 |
| this division for 2006. | 737 |
| (2) The total taxable value in tax year 2004 less the sum of | 738 |
| the machinery and equipment, inventory, furniture and fixtures, | 739 |
| and telephone property tax value losses in each school district, | 740 |
| joint vocational school district, and local taxing unit multiplied | 741 |
| by one-half of one mill per dollar. | 742 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 743 |
| section, the tax value losses are those that would be calculated | 744 |
| for tax year 2009 under divisions (C)(1), (2), and (3) of this | 745 |
| section and for tax year 2011 under division (C)(4) of this | 746 |
| section. | 747 |
| (4) To facilitate the calculation under divisions (D) and (E) | 748 |
| of this section, not later than September 1, 2005, any school | 749 |
| district, joint vocational school district, or local taxing unit | 750 |
| that has a qualifying levy that was approved at an election | 751 |
| conducted during 2005 before September 1, 2005, shall certify to | 752 |
| the tax commissioner a copy of the county auditor's certificate of | 753 |
| estimated property tax millage for such levy as required under | 754 |
| division (B) of section 5705.03 of the Revised Code, which is the | 755 |
| rate that shall be used in the calculations under such divisions. | 756 |
| If the amount determined under division (E) of this section | 757 |
| for any school district, joint vocational school district, or | 758 |
| local taxing unit is greater than zero, that amount shall equal | 759 |
| the reimbursement to be paid pursuant to division (E) of section | 760 |
| 5751.21 or division (A)(3) of section 5751.22 of the Revised Code, | 761 |
| and the one-half of one mill that is subtracted under division | 762 |
| (E)(2) of this section shall be apportioned among all contributing | 763 |
| fixed-sum levies in the proportion that each levy bears to the sum | 764 |
| of all fixed-sum levies within each school district, joint | 765 |
| vocational school district, or local taxing unit. | 766 |
| (F) If a school district levies a tax under section 5705.219 | 767 |
| of the Revised Code, the fixed-rate levy loss for qualifying | 768 |
| levies, to the extent repealed under that section, shall equal the | 769 |
| sum of the following amounts in lieu of the amounts computed for | 770 |
| such levies under division (D) of this section: | 771 |
| (1) The sum of the rates of qualifying levies to the extent | 772 |
| so repealed multiplied by the sum of the machinery and equipment, | 773 |
| inventory, and furniture and fixtures tax value losses for 2009 as | 774 |
| determined under that division; | 775 |
| (2) The sum of the rates of qualifying levies to the extent | 776 |
| so repealed multiplied by the telephone property tax value loss | 777 |
| for 2011 as determined under that division. | 778 |
| The fixed-rate levy losses for qualifying levies to the | 779 |
| extent not repealed under section 5705.219 of the Revised Code | 780 |
| shall be as determined under division (D) of this section. The | 781 |
| revised fixed-rate levy losses determined under this division and | 782 |
| division (D) of this section first apply in the year following the | 783 |
| first year the district levies the tax under section 5705.219 of | 784 |
| the Revised Code. | 785 |
| (G) Not later than October 1, 2005, the tax commissioner | 786 |
| shall certify to the department of education for every school | 787 |
| district and joint vocational school district the machinery and | 788 |
| equipment, inventory, furniture and fixtures, and telephone | 789 |
| property tax value losses determined under division (C) of this | 790 |
| section, the machinery and equipment, inventory, furniture and | 791 |
| fixtures, and telephone fixed-rate levy losses determined under | 792 |
| division (D) of this section, and the fixed-sum levy losses | 793 |
| calculated under division (E) of this section. The calculations | 794 |
| under divisions (D) and (E) of this section shall separately | 795 |
| display the levy loss for each levy eligible for reimbursement. | 796 |
| (H) Not later than October 1, 2005, the tax commissioner | 797 |
| shall certify the amount of the fixed-sum levy losses to the | 798 |
| county auditor of each county in which a school district, joint | 799 |
| vocational school district, or local taxing unit with a fixed-sum | 800 |
| levy loss reimbursement has territory. | 801 |
| (I) Not later than the twenty-eighth day of February each | 802 |
| year beginning in 2011 and ending in 2014, the tax commissioner | 803 |
| shall certify to the department of education for each school | 804 |
| district first levying a tax under section 5705.219 of the Revised | 805 |
| Code in the preceding year the revised fixed-rate levy losses | 806 |
| determined under divisions (D) and (F) of this section. | 807 |
| (J)(1) There is hereby created in the state treasury the | 808 |
| commercial activity tax motor fuel receipts fund. | 809 |
| (2)(a) On or before June 15, 2014, the director of the Ohio | 810 |
| public works commission shall certify to the director of budget | 811 |
| and management the amount of debt service paid from the general | 812 |
| revenue fund in fiscal years 2013 and 2014 on bonds issued to | 813 |
| finance or assist in the financing of the cost of local | 814 |
| subdivision public infrastructure capital improvement projects, as | 815 |
| provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio | 816 |
| Constitution, that are attributable to costs for construction, | 817 |
| reconstruction, maintenance, or repair of public highways and | 818 |
| bridges and other statutory highway purposes. That certification | 819 |
| shall allocate the total amount of debt service paid from the | 820 |
| general revenue fund and attributable to those costs in each of | 821 |
| fiscal years 2013 and 2014 according to the applicable section of | 822 |
| the Ohio Constitution under which the bonds were originally | 823 |
| issued. | 824 |
| (b) On or before June 30, 2014, the director of budget and | 825 |
| management shall determine an amount up to but not exceeding the | 826 |
| amount certified under division (J)(2)(a) of this section and | 827 |
| shall reserve that amount from the cash balance in the commercial | 828 |
| activity tax motor fuel receipts fund for transfer to the general | 829 |
| revenue fund at times and in amounts to be determined by the | 830 |
| director. The director shall transfer the cash balance in the | 831 |
| commercial activity tax motor fuel receipts fund in excess of the | 832 |
| amount so reserved to the highway operating fund on or before June | 833 |
| 30, 2014. | 834 |
| (3)(a) On or before the fifteenth day of June of each fiscal | 835 |
| year beginning with fiscal year 2015, the director of the Ohio | 836 |
| public works commission shall certify to the director of budget | 837 |
| and management the amount of debt service paid from the general | 838 |
| revenue fund in the current fiscal year on bonds issued to finance | 839 |
| or assist in the financing of the cost of local subdivision public | 840 |
| infrastructure capital improvement projects, as provided for in | 841 |
| Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that | 842 |
| are attributable to costs for construction, reconstruction, | 843 |
| maintenance, or repair of public highways and bridges and other | 844 |
| statutory highway purposes. That certification shall allocate the | 845 |
| total amount of debt service paid from the general revenue fund | 846 |
| and attributable to those costs in the current fiscal year | 847 |
| according to the applicable section of the Ohio Constitution under | 848 |
| which the bonds were originally issued. | 849 |
| (b) On or before the thirtieth day of June of each fiscal | 850 |
| year beginning with fiscal year 2015, the director of budget and | 851 |
| management shall determine an amount up to but not exceeding the | 852 |
| amount certified under division (J)(3)(a) of this section and | 853 |
| shall reserve that amount from the cash balance in the motor fuel | 854 |
| receipts tax public highways fund or the commercial activity tax | 855 |
| motor fuel receipts fund for transfer to the general revenue fund | 856 |
| at times and in amounts to be determined by the director. The | 857 |
| director shall transfer the cash balance in the motor fuel | 858 |
| receipts tax public highways fund or the commercial activity tax | 859 |
| motor fuel receipts fund in excess of the amount so reserved to | 860 |
| the highway operating fund on or before the thirtieth day of June | 861 |
| of the current fiscal year. | 862 |
| Section 2. That existing sections 5751.03 and 5751.20 of the | 863 |
| Revised Code are hereby repealed. | 864 |