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(123rd General Assembly)(Substitute House Bill Number 185)
AN ACT
To amend sections 5747.53 and 5747.63 of the Revised Code relative to
alternative apportionment of the undivided local government fund and undivided
local government revenue assistance fund by a county budget commission,
and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 5747.53 and 5747.63 of the Revised Code be amended to
read as follows:
Sec. 5747.53. (A) In lieu of the method of apportionment
of the undivided local government fund of the county provided by
section 5747.51 of the Revised Code, the county budget commission
may provide for the apportionment of such fund under an
alternative method or on a formula basis as authorized by this
section. Such alternative method of apportionment shall have
first been approved by all of the following governmental units:
the board of county commissioners; the legislative authority of
the city, located wholly or partially in the county, with the
greatest population; and a majority of the
boards of township
trustees and legislative authorities of municipal corporations,
located wholly or partially in the county, excluding the
legislative authority of the city with the greatest population.
In granting or denying such approval, the board of county
commissioners, boards of township trustees, and legislative
authorities of municipal corporations shall act by motion. A
motion to approve shall be passed upon a majority vote of the
members of a board of county commissioners, board of township
trustees, or legislative authority of a municipal corporation,
shall take effect immediately, and need not be published. Any
method of apportionment adopted and approved under this section
may be revised, amended, or repealed in the same manner as it may
be adopted and approved. In the event a method of apportionment
adopted and approved under this section is repealed, the
undivided local government fund of the county shall be
apportioned among the subdivisions eligible to participate
therein, commencing in the ensuing calendar year, under the
apportionment provided in section 5747.52 of the Revised Code,
unless a new method for apportionment of such fund is provided in
the action of repeal. As used in this division, the term "legislative authority of the
city, located wholly or partially in the county, with the greatest
population" means the legislative authority of the city, located wholly
or partially in the county, with the greatest population residing
in the county; however, if the county budget commission on or
before january 1, 1998, adopted an alternative method of
apportionment which was approved by the legislative authority of the city,
located partially in the county, with the
greatest population but not the greatest population residing in
the county, the term shall be deemed to mean the legislative
authority of the city, located wholly or partially in the county,
with the greatest population whether residing in the county or
not, if such alternative meaning is adopted by action of the board
of county commissioners and a majority of the boards of township
trustees and legislative authorities of municipal corporations
located wholly or partially in the county. (B) In determining the alternative method of apportionment
authorized by this section, the county budget commission may
include in such method any factor considered to be appropriate
and reliable, in the sole discretion of the county budget
commission. (C) The limitations set forth in section 5747.51 of the
Revised Code, stating the maximum amount that the county may
receive from such fund and the minimum amount the townships in
counties having a population of less than one hundred thousand
may receive from such fund, are applicable to any alternative
apportionment authorized under this section. (D) On the basis of any alternative apportionment adopted
and approved as authorized by this section, as certified by the
auditor to the county treasurer, the county treasurer shall make
distribution of the money in the undivided local government fund
to each subdivision eligible to participate in such fund, and the
auditor, when the amount of such shares is in the custody of the
treasurer in the amounts so computed to be due the respective
subdivisions, shall at the same time certify to the tax
commissioner the percentage share of the county as a subdivision.
All money received into the treasury of a subdivision from the
undivided local government fund in a county treasury shall be
paid into the general fund and used for the current operating
expenses of the subdivision. If a municipal corporation
maintains a municipal university, such municipal university, when
the board of trustees so requests the legislative authority of
the municipal corporation, shall participate in the money
apportioned to such municipal corporation from the total local
government fund, however created and constituted, in such amount
as requested by the board of trustees, provided such sum does not
exceed nine per cent of the total amount paid to the municipal
corporation. (E) The actions of the budget commission taken pursuant to
this section are final and may not be appealed to the board of
tax appeals, except on the issues of abuse of discretion and
failure to comply with the formula. Sec. 5747.63. (A) In lieu of the method of apportionment
of the undivided local government revenue assistance fund of the
county provided by section 5747.62 of the Revised Code, the
county budget commission may provide for the apportionment of
such fund under an alternative method or on a formula basis as
authorized by this section. Such alternative method of
apportionment shall have first been approved by all of the
following governmental units: the board of county commissioners;
the legislative authority of the city, located wholly or
partially in the county, with the greatest population;
and a
majority of the boards of township trustees and legislative
authorities of municipal corporations, located wholly or
partially in the county, excluding the legislative authority of
the city with the greatest population. In
granting or denying
such approval, the board of county commissioners, boards of
township trustees, and legislative authorities of municipal
corporations shall act by motion. A motion to approve shall be
passed upon a majority vote of the members of a board of county
commissioners, board of township trustees, or legislative
authority of a municipal corporation, shall take effect
immediately, and need not be published. Any method of
apportionment adopted and approved under this section may be
revised, amended, or repealed in the same manner as it may be
adopted and approved. In the event a method of apportionment
adopted and approved under this section is repealed, the
undivided local government revenue assistance fund of the county
shall be apportioned among the subdivisions eligible to
participate therein, commencing in the ensuing fiscal year, under
the apportionment provided in section 5747.62 of the Revised
Code, unless a new method for apportionment of such fund is
provided in the action of repeal. As used in this division, the term "legislative authority of the
city, located wholly or partially in the county, with the greatest
population" means the legislative authority of the city, located wholly
or partially in the county, with the greatest population residing
in the county; however, if the county budget commission on or
before january 1, 1998, adopted an alternative method of
apportionment which was approved by the legislative authority of the city,
located partially in the county, with the
greatest population but not the greatest population residing in
the county, the term shall be deemed to mean the legislative
authority of the city, located wholly or partially in the county,
with the greatest population whether residing in the county or
not, if such alternative meaning is adopted by action of the board
of county commissioners and a majority of the boards of township
trustees and legislative authorities of municipal corporations
located wholly or partially in the county. (B) In determining the alternative method of apportionment
authorized by this section, the county budget commission may
include in such method any factor considered to be appropriate
and reliable, in the sole discretion of the county budget
commission, but the commission shall give special consideration
to the needs of villages incorporated after January 1, 1980. (C) The limitations set forth in section 5747.62 of the
Revised Code, stating the maximum amount that the county may
receive from such fund and the minimum amount the townships in
counties having a population of less than one hundred thousand
may receive from such fund, are applicable to any alternative
apportionment authorized under this section. (D) On the basis of any alternative apportionment adopted
and approved as authorized by this section, as certified by the
auditor to the county treasurer, the county treasurer shall make
distribution of the money in the undivided local government
revenue assistance fund to each subdivision eligible to
participate in such fund, and the auditor, when the amount of
such shares is in the custody of the treasurer in the amounts so
computed to be due the respective subdivisions, shall at the same
time certify to the tax commissioner the percentage share of the
county as a subdivision. All money received by a subdivision
from the county undivided local government revenue assistance
fund shall be paid into the subdivision's general fund and used
for the current operating expenses. (E) The actions of the budget commission taken pursuant to
this section are final and may not be appealed to the board of
tax appeals, except on the issues of abuse of discretion and
failure to comply with the formula. SECTION 2 . That existing sections 5747.53 and 5747.63 of the Revised Code are
hereby repealed.
SECTION 3 . This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity lies in
the fact that taxing authorities of political subdivisions are
required to adopt tax budgets for the next succeeding fiscal year
on or before July 15, and the tax budgets they adopt depend, in
part, upon the revenue they will receive from the undivided local
government fund and undivided local government revenue assistance
fund. Therefore, this act shall go into immediate effect.
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