Bill Text: OH HB471 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To amend Section 757.10 of Am. Sub. H.B. 153 of the 129th General Assembly to increase Local Government Fund distributions to equal, for the remaining months of fiscal year 2012, 3% over fiscal year 2011 levels and, for fiscal year 2013, 6% over fiscal year 2011 levels.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2012-03-01 - To Finance & Appropriations [HB471 Detail]

Download: Ohio-2011-HB471-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 471

Representatives Gerberry, O'Brien 

Cosponsors: Representatives Murray, Lundy, Cera, Fende, Reece, Ashford, Stinziano, Hagan, R., Pillich, Antonio, Yuko, Letson 

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A BILL

To amend Section 757.10 of Am. Sub. H.B. 153 of the

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129th General Assembly to increase Local

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Government Fund distributions to equal, for the

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remaining months of fiscal year 2012, 3% over

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fiscal year 2011 levels and, for fiscal year 2013,

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6% over fiscal year 2011 levels.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That Section 757.10 of Am. Sub. H.B. 153 of the	7
129th General Assembly be amended to read as follows:	8

Sec. 757.10.  ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

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(A) On or before the tenth day of each month of the period	10
beginning August 1, 2011, and ending June 30, 2013, the Tax	11
Commissioner shall determine and certify to the Director of Budget	12
and Management the amount to be credited during that month to the	13
Local Government Fund and Public Library Fund pursuant to	14
divisions (B) to (D) of this section.	15

(B) Notwithstanding any provision of section 131.51 of the	16
Revised Code to the contrary, for each month in the period	17
beginning August 1, 2011, and ending June 30, 2013:	18

(1) The amount credited first to the Local Government Fund	19
shall be as provided in division (C) of this section;	20

(2) The amount credited next to the Public Library Fund shall	21
be according to the schedule in division (D) of this section.	22

(C) Pursuant to division (B)(1) of this section, amounts	23
shall be credited from revenue arising from the personal income	24
tax levied under Chapter 5747. of the Revised Codethe General	25
Revenue Fund to the Local Government Fund as follows:	26

(1)(a) In August 2011, seventy-five per cent of the amount	27
credited in August 2010; in August 2012, fifty per cent of the	28
amount credited in August 2010;	29

(b) In September 2011, seventy-five per cent of the amount	30
credited in September 2010; in September 2012, fifty per cent of	31
the amount credited in September 2010;	32

(c) In October 2011, seventy-five per cent of the amount	33
credited in October 2010; in October 2012, fifty per cent of the	34
amount credited in October 2010;	35

(d) In November 2011, seventy-five per cent of the amount	36
credited in November 2010; in November 2012, fifty per cent of the	37
amount credited in November 2010;	38

(e) In December 2011, seventy-five per cent of the amount	39
credited in December 2010; in December 2012, fifty per cent of the	40
amount credited in December 2010;	41

(f) In January 2012, seventy-five per cent of the amount	42
credited in January 2011; in January 2013, fifty per cent of the	43
amount credited in January 2011;	44

(g) In February 2012, seventy-five per cent of the amount	45
credited in February 2011; in February 2013, fifty per cent of the	46
amount credited in February 2011;	47

(h) In March 2012, seventy-five per cent of the amount	48
credited in March 2011; in March 2013, fifty per cent of the	49
amount credited in March 2011;	50

(i) In April 2012, seventy-five per cent of the amount	51
credited in April 2011; in April 2013, fifty per cent of the	52
amount credited in April 2011;	53

(j) In May 2012, seventy-five per cent of the amount credited	54
in May 2011; in May 2013, fifty per cent of the amount credited in	55
May 2011;	56

(k) In June 2012, seventy-five per cent of the amount	57
credited in June 2011; in June 2013, fifty per cent of the amount	58
credited in June 2011;	59

(l) In July 2012, fifty per cent of the amount credited in	60
July 2010.	61

(2) For each month in the period beginning August 1, 2011,	62
and ending June 30, 2013, an amount sufficient to make the	63
distributions required for that month under divisions (E)(2)(a),	64
(b), and (c) of this section.	65

(3) For each month in the period beginning August 1, 2011,	66
and ending June 30, 2012, an amount equal to one-eleventh of	67
forty-nine million two hundred seventy thousand dollars.For each	68
month in the period beginning on the first day of the month that	69
follows the effective date of the amendment of this section by ...	70
B... of the 129th General Assembly and ending June 30, 2012, the	71
amount credited shall equal one hundred three per cent of the	72
amount credited in that respective month in fiscal year 2011.	73

(2) For each month in the period beginning July 1, 2012, and	74
ending June 30, 2013, the amount credited shall equal one hundred	75
six per cent of the amount credited in that respective month in	76
fiscal year 2011.	77

(D) Pursuant to division (B)(2) of this section, amounts	78
shall be credited from revenue arising from the kilowatt-hour tax	79
and sales tax levied under section 5727.81 or 5739.02 of the	80
Revised Code, respectively, to the Public Library Fund as follows:	81

(1) In August 2011 and in August 2012, ninety-five per cent	82
of the amount credited in August 2010;	83

(2) In September 2011 and in September 2012, ninety-five per	84
cent of the amount credited in September 2010;	85

(3) In October 2011 and in October 2012, ninety-five per cent	86
of the amount credited in October 2010;	87

(4) In November 2011 and in November 2012, ninety-five per	88
cent of the amount credited in November 2010;	89

(5) In December 2011 and in December 2012, ninety-five per	90
cent of the amount credited in December 2010;	91

(6) In January 2012 and in January 2013, ninety-five per cent	92
of the amount credited in January 2011;	93

(7) In February 2012 and in February 2013, ninety-five per	94
cent of the amount credited in February 2011;	95

(8) In March 2012 and in March 2013, ninety-five per cent of	96
the amount credited in March 2011;	97

(9) In April 2012 and in April 2013, ninety-five per cent of	98
the amount credited in April 2011;	99

(10) In May 2012 and in May 2013, ninety-five per cent of the	100
amount credited in May 2011;	101

(11) In June 2012 and in June 2013, ninety-five per cent of	102
the amount credited in June 2011;	103

(12) In July 2012, ninety-five per cent of the amount	104
credited in July 2010.	105

(E) Notwithstanding any other provision of the Revised Code	106
to the contrary, the total amount credited to the Local Government	107
Fund in each month shall be distributed by the tenth day of that	108
month in the following manner:	109

(1) The total amount credited to the Local Government Fund in	110
each month for the period beginning August 1, 2011, and ending	111
June 30, 2013, pursuant to division (C)(1) of this section shall	112
be distributed as follows:	113

(a) Each county undivided local government fund shall receive	114
a distribution from the Local Government Fund based on its	115
proportionate share of the total amount received from the fund in	116
that respective month in fiscal year 2011. As used in this	117
section, "total amount received" does not include payments	118
received in fiscal year 2011 under division (C) of section 5725.24	119
of the Revised Code.	120

(b)(2) Each municipal corporation that received a direct	121
distribution in fiscal year 2011 from the Local Government Fund	122
under division (C) of section 5747.50 of the Revised Code shall	123
receive a distribution based on its proportionate share of the	124
total amount of direct distributions made to municipal	125
corporations from the fund in that respective month in fiscal year	126
2011.	127

(2) The total amount credited to the Local Government Fund in	128
each month for the period beginning August 1, 2011, and ending	129
June 30, 2013, pursuant to division (C)(2) of this section shall	130
be distributed as follows:	131

(a) If a county undivided local government fund's total	132
distribution in fiscal year 2011 was equal to or less than seven	133
hundred fifty thousand dollars, the fund shall receive a	134
distribution equal to the difference between the amount	135
distributed to the fund in that respective month in fiscal year	136
2011 and the amount allocated to the fund for the month under	137
divisions (E)(1)(a) and (3) of this section during fiscal year	138
2012, and division (E)(1)(a) of this section during fiscal year	139
2013.	140

(b) For each month in the period beginning August 1, 2011,	141
and ending June 30, 2012, if a county undivided local government	142
fund's total distribution in fiscal year 2011 exceeded seven	143
hundred fifty thousand dollars and if the sum of the amount	144
allocated to the fund in July 2011 and the amounts to be allocated	145
to the fund between August 1, 2011, and June 30, 2012, under	146
divisions (E)(1)(a) and (3) of this section is less than seven	147
hundred fifty thousand dollars, the fund shall receive a	148
distribution equal to one-eleventh of the difference between seven	149
hundred fifty thousand dollars and that sum.	150

(c) For each month in the period beginning July 1, 2012, and	151
ending June 30, 2013, if a county undivided local government	152
fund's total distribution in fiscal year 2011 exceeded seven	153
hundred fifty thousand dollars and if the total amount to be	154
allocated to the fund in fiscal year 2013 under division (E)(1)(a)	155
of this section is less than seven hundred fifty thousand dollars,	156
the fund shall receive a distribution equal to one-twelfth of the	157
difference between seven hundred fifty thousand dollars and the	158
total amount to be allocated to the fund in fiscal year 2013 under	159
division (E)(1)(a) of this section.	160

(3) The total amount credited to the Local Government Fund in	161
each month for the period beginning August 1, 2011, and ending	162
June 30, 2012, pursuant to division (C)(3) of this section shall	163
be distributed to each county undivided local government fund	164
based on each fund's proportionate share of the total amount	165
received from the Local Government Fund in that respective month	166
in fiscal year 2011. As used in this section, "total amount	167
received" does not include payments received in fiscal year 2011	168
under division (C) of section 5725.24 of the Revised Code.	169

(F) Notwithstanding any other provision of the Revised Code	170
to the contrary, by the tenth day of each month of the period	171
beginning July 1, 2011, and ending December 31, 2011, each county	172
undivided public library fund shall receive a distribution from	173
the Public Library Fund equal to the product derived by	174
multiplying the following amounts:	175

(1) The total amount credited to the Public Library Fund in	176
that month;	177

(2) A percentage calculated by multiplying one hundred by the	178
quotient obtained by dividing the sum of the county's	179
distributions from the Public Library Fund during calendar year	180
2010 by the sum of distributions made to all counties from the	181
Public Library Fund during calendar year 2010.	182

(G) Notwithstanding any other provision of the Revised Code	183
to the contrary, by the tenth day of each month of the period	184
beginning January 1, 2012, and ending June 30, 2013, each county	185
undivided public library fund shall receive a distribution from	186
the Public Library Fund equal to the product derived by	187
multiplying the following amounts:	188

(1) The total amount credited to the Public Library Fund in	189
that month;	190

(2) A percentage calculated by multiplying one hundred by the	191
quotient obtained by dividing the sum of the county's	192
distributions from the Public Library Fund during calendar year	193
2011 by the sum of distributions made to all counties from the	194
Public Library Fund during calendar year 2011.	195

(H) For the 2012 and 2013 distribution years, the Tax	196
Commissioner is not required to issue the certifications otherwise	197
required by sections 5747.47, 5747.501, and 5747.51 of the Revised	198
Code, but shall provide to each county auditor by July 20, 2011,	199
and July 20, 2012, an estimate of the amounts to be received by	200
the county in the ensuing year from the Public Library Fund and	201
the Local Government Fund pursuant to this section and any other	202
section of the Revised Code. The Tax Commissioner may report to	203
each county auditor additional revised estimates of the 2011,	204
2012, or 2013 distributions at any time during fiscal years 2012	205
and 2013.	206

Section 2. That existing Section 757.10 of Am. Sub. H.B. 153	207
of the 129th General Assembly is hereby repealed.	208