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(124th General Assembly)(Substitute House Bill Number 329)
AN ACT
To amend sections 5705.321, 5747.53, and 5747.63 of
the Revised
Code and to repeal Section 3 of this act on December 31, 2002, to allow local government funds
under certain circumstances
to be distributed
among
subdivisions under an alternative
apportionment
scheme without the approval of the
largest
municipal
corporation in the county.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 5705.321, 5747.53, and 5747.63 of
the
Revised Code be amended to read as follows:
Sec. 5705.321. (A)
As used in this section: (1) "City,
located wholly or partially in the county, with
the greatest population" means
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
that was approved by the
city, located partially in the county,
with the greatest
population but not the greatest population
residing in the county, "city,
located wholly or partially in the
county, with the greatest population" means
the city, located
wholly or partially in
the
county, with the greatest population
whether residing in the county or not, if
this 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. (2) "Participating political subdivision" means a municipal
corporation or
township that satisfies all of the following: (a)
It is located wholly or partially in the county. (b)
It is not the city, located wholly or partially in the
county, with the greatest population. (c)
Library and local government support fund moneys
are
apportioned to it under the county's alternative method or formula
of
apportionment in the current calendar year. (B)
In lieu of the method of apportionment
of the county
library and local government support fund provided by division
(C)
of section 5705.32 of the Revised Code, the county budget
commission
may provide for the apportionment of
such
the fund
under an
alternative method or on a formula basis as authorized by
this
section.
Such Except as otherwise provided in division (C) of this section,
the 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,
located wholly or partially in
the county, with the
greatest population.
In granting or denying
such approval
for an
alternative method of
apportionment, 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 Any alternative
method of apportionment adopted and approved
under this
section
division
may be revised, amended, or repealed
in the same manner as it may
be adopted and approved. If
a
an
alternative method of
apportionment
adopted and approved under
this
section
division is repealed,
the
county library and local
government support fund shall be
apportioned among the
subdivisions eligible to participate
therein
in the fund,
commencing in the ensuing calendar year,
under the
apportionment
provided in divisions (B) and (C) of section
5705.32 of the
Revised Code, unless
the repeal occurs by operation of
division
(C) of this section or a new method for apportionment of
such
the
fund is provided
in the action of repeal. (B)(C)
This division applies only in counties in which the
city,
located wholly or partially in the county, with the greatest
population has a
population of twenty thousand or less and a population that is less
than fifteen per cent of
the total population of the county. In
such a county, the
legislative authorities or boards of township
trustees of two or
more
participating political subdivisions, which together have a
population residing in the county that is a majority of the total
population of the county, each may adopt a resolution to exclude
the approval otherwise required of the legislative authority of
the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that
approval shall be adopted not later than the first
Monday of
August of the year preceding the calendar year in which
distributions
are to be made under
an alternative method of
apportionment.
A motion granting or denying approval of an
alternative
method of apportionment under this division shall be adopted by a
majority vote of the members of the board of county commissioners
and by a majority vote of a majority of the boards of township
trustees and legislative authorities of the municipal corporations
located wholly or partially in the county, other than the city,
located wholly or partially in the county, with the greatest
population, shall take effect immediately, and need not be
published. The alternative method of apportionment under this
division shall
be adopted and approved annually, not later than
the first
Monday
of August of the year preceding the calendar year
in which
distributions are to be made under it. A motion granting
approval of an
alternative method of apportionment under this
division repeals any
existing alternative method of apportionment,
effective with distributions to
be made from the fund in the
ensuing calendar year. An
alternative method of
apportionment
under this division shall not be revised or
amended after the
first Monday of August of the year
preceding the calendar year in
which distributions are to be made under
it. (D)
In determining
the
an alternative method of
apportionment
authorized by this section, the county budget
commission may
include in
such
the method any factor considered to
be
appropriate
and reliable, in the sole discretion of the county
budget
commission. (C)(E) On the basis of any alternative
method of
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 county
library and local government support
fund to each subdivision
eligible to participate in
such
the
fund, and the
auditor, when
the amount of
such
those 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
county
library and local government support fund in a county treasury
shall be
paid into the general fund and used for the current
operating
expenses of the subdivision.
(D)(F) The actions of the
county 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. 5747.53. (A)
As used in this section: (1) "City,
located wholly or partially in the county, with
the greatest population" means
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
that 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, "city,
located
wholly or partially in the county, with the greatest population"
means the city, located wholly or partially in
the
county, with
the greatest population whether residing in the county or not, if
this 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. (2)
"Participating political subdivision" means a municipal
corporation or
township that satisfies all of the following: (a)
It is located wholly or partially in the county. (b)
It is not the city, located wholly or partially in the
county, with the greatest population. (c)
Undivided local government fund moneys are apportioned
to
it
under the county's alternative method or formula of
apportionment in the
current calendar year. (B)
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
the fund under an
alternative method or on a
formula basis as authorized by this
section.
Such Except as otherwise provided in division
(C) of this section,
the 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,
located wholly or partially in
the county, with the
greatest population.
In
granting or denying
such approval
for an
alternative method of
apportionment, 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 Any alternative
method of apportionment adopted and approved
under this
section
division
may be revised, amended, or repealed
in the same manner as it may
be adopted and approved.
In the
event
a
If an alternative
method of
apportionment
adopted and
approved
under this
section
division is repealed,
the
undivided
local
government fund of the county shall be
apportioned among the
subdivisions eligible to participate
therein
in the fund,
commencing in the ensuing calendar year,
under the
apportionment
provided in section 5747.52 of the Revised Code,
unless
the repeal
occurs by operation of division (C) of this
section or a new
method for apportionment of
such
the 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)(C)
This division applies only in counties in which the
city,
located wholly or partially in the county, with the greatest
population has a
population of twenty thousand or less and a population that is less
than fifteen per cent of
the total population of the county. In
such a county, the
legislative authorities or boards of township
trustees of two or
more
participating political subdivisions, which together have a
population residing in the county that is a majority of the total
population of the county, each may adopt a resolution to exclude
the approval otherwise required of the legislative authority of
the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that
approval shall be adopted not later than the first
Monday of
August of the year preceding the calendar year in which
distributions
are to be made under
an alternative method of
apportionment.
A motion granting or denying approval of an
alternative
method of apportionment under this division shall be adopted by a
majority vote of the members of the board of county commissioners
and by a majority vote of a majority of the boards of township
trustees and legislative authorities of the municipal corporations
located wholly or partially in the county, other than the city,
located wholly or partially in the county, with the greatest
population, shall take effect immediately, and need not be
published. The alternative method of apportionment under this
division shall
be adopted and approved annually, not later than
the first
Monday
of August of the year preceding the calendar year
in which
distributions are to be made under it. A motion granting
approval of an
alternative method of apportionment under this
division repeals any
existing alternative method of apportionment,
effective with distributions to
be made from the fund in the
ensuing calendar year. An
alternative method of
apportionment
under this division shall not be revised or
amended after the
first Monday of August of the year
preceding the calendar year in
which distributions are to be made under
it. (D)
In determining
the
an alternative method
of
apportionment
authorized by this section, the county budget
commission may
include in
such
the method any factor considered to
be
appropriate
and reliable, in the sole discretion of the county
budget
commission. (C)(E) The limitations set forth in section 5747.51 of the
Revised Code, stating the maximum amount that the county may
receive from
such
the undivided local government fund and the
minimum amount the townships in
counties having a population of
less than one hundred thousand
may receive from
such
the fund, are
applicable to any
alternative
method of
apportionment authorized
under this section.
(D)(F) On the basis of any alternative
method of
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
the fund,
and the
auditor, when the amount of
such
those
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
the
university,
when
the board of trustees so requests the legislative
authority of
the municipal corporation, shall participate in the
money
apportioned to
such
the municipal corporation from the total
local
government fund, however created and constituted, in
such
the
amount
as requested by the board of trustees, provided
such
sum
that
amount does not
exceed nine per cent of the total amount
paid to the municipal
corporation.
(E)(G) The actions of the
county 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)
As used in this section: (1) "City,
located wholly or partially in the county, with
the greatest population" means
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
that 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, "city,
located
wholly or partially in the county, with the greatest population"
means the city, located wholly or partially in
the
county, with
the greatest population whether residing in the county or not, if
this 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. (2)"Participating political subdivision" means a municipal
corporation or
township that satisfies all of the following: (a)
It is located wholly or partially in the county. (b)
It is not the city, located wholly or partially in the
county, with the greatest population. (c)
Undivided local government revenue assistance fund
moneys
are
apportioned to it under the county's alternative method
or
formula of
apportionment in the current calendar year. (B) 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
the fund under an
alternative method or on a formula basis
as
authorized by this
section.
Such Except as otherwise provided in
division (C) of this section,
the 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,
located wholly or partially in the county, with
the
greatest population. In
granting or denying
such approval
for an
alternative method of apportionment, 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 Any alternative method of
apportionment adopted and approved
under this
section
division
may be
revised, amended, or repealed
in the same manner as it may be
adopted and approved.
In the
event
a
If an alternative method
of apportionment
adopted and
approved
under this
section
division is repealed,
the
undivided
local
government revenue assistance fund of the county
shall be
apportioned among the subdivisions eligible to
participate
therein
in the fund, commencing in the ensuing
fiscal year, under
the
apportionment provided in section 5747.62 of the Revised
Code,
unless
the repeal occurs by operation of division (C) of
this
section or a new method for apportionment of
such
the
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)(C)
This division applies only in counties in which the
city,
located wholly or partially in the county, with the greatest
population has a
population of twenty thousand or less and a population that is less
than fifteen per cent of
the total population of the county. In
such a county, the
legislative authorities or boards of township
trustees of two or
more
participating political subdivisions, which together have a
population residing in the county that is a majority of the total
population of the county, each may adopt a resolution to exclude
the approval otherwise required of the legislative authority of
the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that
approval shall be adopted not later than the first
Monday of
August of the year preceding the calendar year in which
distributions
are to be made under
an alternative method of
apportionment.
A motion granting or denying approval of an
alternative
method of apportionment under this division shall be adopted by a
majority vote of the members of the board of county commissioners
and by a majority vote of a majority of the boards of township
trustees and legislative authorities of the municipal corporations
located wholly or partially in the county, other than the city,
located wholly or partially in the county, with the greatest
population, shall take effect immediately, and need not be
published. The alternative method of apportionment shall
be
adopted and approved annually, not later than the first
Monday
of
August of the year preceding the calendar year in which
distributions are to be made under it. A motion granting approval
of an
alternative method of apportionment under this division
repeals any
existing alternative method of apportionment,
effective with distributions to
be made from the fund in the
ensuing calendar year. An
alternative method of
apportionment
under this division shall not be revised or
amended after the
first Monday of August of the year
preceding the calendar year in
which distributions are to be made under
it. (D)
In determining
the
an alternative method
of
apportionment
authorized by this section, the county budget
commission may
include in
such
the 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)(E) The limitations set forth in section 5747.62 of the
Revised Code, stating the maximum amount that the county may
receive from
such
the undivided local government revenue
assistance fund and the minimum amount the townships in
counties
having a population of less than one hundred thousand
may receive
from
such
the fund, are applicable to any
alternative
method of
apportionment authorized under this section.
(D)(F) On the basis of any alternative
method of
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
the fund, and the auditor, when
the amount
of
such
those 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
its current operating
expenses.
(E)(G) The actions of the
county 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 5705.321, 5747.53, and
5747.63 of the
Revised Code are hereby repealed.
SECTION 3. (A) Notwithstanding the date specified in division (C) of section 5705.321, division (C) of section 5747.53, or division (C) of section 5747.63 of the Revised Code, as amended by this act, an alternative method of apportionment may be adopted and approved as provided in one or more of those divisions not later than September 2, 2002, for distributions of County Library and Local Government Support Fund, Undivided Local Government Fund, or Undivided Local Government Revenue Assistance Fund moneys during 2003. (B) Notwithstanding the completion date specified in section 5705.27 of the Revised Code, the day by which a county budget commission must complete its work in 2002 in a county in which an alternative method of apportionment is adopted and approved as provided in division (C) of section 5705.321, division (C) of section 5747.53, or division (C) of section 5747.63 of the Revised Code, as amended by this act, is hereby extended to October 1, 2002, unless the Tax Commissioner, for good cause, extends the time for completing the work to a later date.
SECTION 4. Section 3 of this act is hereby repealed, effective December 31, 2002.
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