Bill Text: OH SB111 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To make permanent the temporary reimbursements for local government and school district tangible personal property tax losses.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2009-04-16 - To Ways & Means & Economic Development [SB111 Detail]
Download: Ohio-2009-SB111-Introduced.html
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Senator Stewart
Cosponsors:
Senators Carey, Schaffer, Hughes
To amend sections 5751.20, 5751.21, 5751.22, and | 1 |
5751.23 of the Revised Code to make permanent the | 2 |
temporary reimbursements for local government and | 3 |
school district tangible personal property tax | 4 |
losses. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5751.20, 5751.21, 5751.22, and | 6 |
5751.23 of the Revised Code be amended to read as follows: | 7 |
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 8 |
the Revised Code: | 9 |
(1) "School district," "joint vocational school district," | 10 |
"local taxing unit," "recognized valuation," "fixed-rate levy," | 11 |
and "fixed-sum levy" have the same meanings as used in section | 12 |
5727.84 of the Revised Code. | 13 |
(2) "State education aid" for a school district means the sum | 14 |
of state aid amounts computed for the district under division (A) | 15 |
of section 3317.022 of the Revised Code, including the amounts | 16 |
calculated under sections 3317.029 and 3317.0217 of the Revised | 17 |
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section | 18 |
3317.022; divisions (B), (C), and (D) of section 3317.023; | 19 |
divisions (L) and (N) of section 3317.024; section 3317.0216; and | 20 |
any unit payments for gifted student services paid under sections | 21 |
3317.05, 3317.052, and 3317.053 of the Revised Code; except that, | 22 |
for fiscal years 2008 and 2009, the amount computed for the | 23 |
district under Section 269.20.80 of H.B. 119 of the 127th general | 24 |
assembly and as that section subsequently may be amended shall be | 25 |
substituted for the amount computed under division (D) of section | 26 |
3317.022 of the Revised Code, and the amount computed under | 27 |
Section 269.30.80 of H.B. 119 of the 127th general assembly and as | 28 |
that section subsequently may be amended shall be included. | 29 |
(3) "State education aid" for a joint vocational school | 30 |
district means the sum of the state aid computed for the district | 31 |
under division (N) of section 3317.024 and section 3317.16 of the | 32 |
Revised Code, except that, for fiscal years 2008 and 2009, the | 33 |
amount computed under Section 269.30.80 of H.B. 119 of the 127th | 34 |
general assembly and as that section subsequently may be amended | 35 |
shall be included. | 36 |
(4) "State education aid offset" means the amount determined | 37 |
for each school district or joint vocational school district under | 38 |
division (A)(1) of section 5751.21 of the Revised Code. | 39 |
(5) "Machinery and equipment property tax value loss" means | 40 |
the amount determined under division (C)(1) of this section. | 41 |
(6) "Inventory property tax value loss" means the amount | 42 |
determined under division (C)(2) of this section. | 43 |
(7) "Furniture and fixtures property tax value loss" means | 44 |
the amount determined under division (C)(3) of this section. | 45 |
(8) "Machinery and equipment fixed-rate levy loss" means the | 46 |
amount determined under division (D)(1) of this section. | 47 |
(9) "Inventory fixed-rate levy loss" means the amount | 48 |
determined under division (D)(2) of this section. | 49 |
(10) "Furniture and fixtures fixed-rate levy loss" means the | 50 |
amount determined under division (D)(3) of this section. | 51 |
(11) "Total fixed-rate levy loss" means the sum of the | 52 |
machinery and equipment fixed-rate levy loss, the inventory | 53 |
fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 54 |
loss, and the telephone company fixed-rate levy loss. | 55 |
(12) "Fixed-sum levy loss" means the amount determined under | 56 |
division (E) of this section. | 57 |
(13) "Machinery and equipment" means personal property | 58 |
subject to the assessment rate specified in division (F) of | 59 |
section 5711.22 of the Revised Code. | 60 |
(14) "Inventory" means personal property subject to the | 61 |
assessment rate specified in division (E) of section 5711.22 of | 62 |
the Revised Code. | 63 |
(15) "Furniture and fixtures" means personal property | 64 |
subject to the assessment rate specified in division (G) of | 65 |
section 5711.22 of the Revised Code. | 66 |
(16) "Qualifying levies" are levies in effect for tax year | 67 |
2004 or applicable to tax year 2005 or approved at an election | 68 |
conducted before September 1, 2005. For the purpose of | 69 |
determining the rate of a qualifying levy authorized by section | 70 |
5705.212 or 5705.213 of the Revised Code, the rate shall be the | 71 |
rate that would be in effect for tax year 2010. | 72 |
(17) "Telephone property" means tangible personal property | 73 |
of a telephone, telegraph, or interexchange telecommunications | 74 |
company subject to an assessment rate specified in section | 75 |
5727.111 of the Revised Code in tax year 2004. | 76 |
(18) "Telephone property tax value loss" means the amount | 77 |
determined under division (C)(4) of this section. | 78 |
(19) "Telephone property fixed-rate levy loss" means the | 79 |
amount determined under division (D)(4) of this section. | 80 |
(B) The commercial activities tax receipts fund is hereby | 81 |
created in the state treasury and shall consist of money arising | 82 |
from the tax imposed under this chapter. All money in that fund | 83 |
shall be credited for each fiscal year in the following | 84 |
percentages to the general revenue fund, to the school district | 85 |
tangible property tax replacement fund, which is hereby created in | 86 |
the state treasury for the purpose of making the payments | 87 |
described in section 5751.21 of the Revised Code, and to the local | 88 |
government tangible property tax replacement fund, which is hereby | 89 |
created in the state treasury for the purpose of making the | 90 |
payments described in section 5751.22 of the Revised Code, in the | 91 |
following percentages: | 92 |
Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 93 | |
2006 | 67.7% | 22.6% | 9.7% | 94 | |
2007 | 0% | 70.0% | 30.0% | 95 | |
2008 | 0% | 70.0% | 30.0% | 96 | |
2009 | 0% | 70.0% | 30.0% | 97 | |
2010 | 0% | 70.0% | 30.0% | 98 | |
2011 and thereafter | 0% | 70.0% | 30.0% | 99 | |
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(C) Not later than September 15, 2005, the tax commissioner | 108 |
shall determine for each school district, joint vocational school | 109 |
district, and local taxing unit its machinery and equipment, | 110 |
inventory property, furniture and fixtures property, and telephone | 111 |
property tax value losses, which are the applicable amounts | 112 |
described in divisions (C)(1), (2), (3), and (4) of this section, | 113 |
except as provided in division (C)(5) of this section: | 114 |
(1) Machinery and equipment property tax value loss is the | 115 |
taxable value of machinery and equipment property as reported by | 116 |
taxpayers for tax year 2004 multiplied by: | 117 |
(a) For tax year 2006, thirty-three and eight-tenths per | 118 |
cent; | 119 |
(b) For tax year 2007, sixty-one and three-tenths per cent; | 120 |
(c) For tax year 2008, eighty-three per cent; | 121 |
(d) For tax year 2009 and thereafter, one hundred per cent. | 122 |
(2) Inventory property tax value loss is the taxable value of | 123 |
inventory property as reported by taxpayers for tax year 2004 | 124 |
multiplied by: | 125 |
(a) For tax year 2006, a fraction, the numerator of which is | 126 |
five and three-fourths and the denominator of which is | 127 |
twenty-three; | 128 |
(b) For tax year 2007, a fraction, the numerator of which is | 129 |
nine and one-half and the denominator of which is twenty-three; | 130 |
(c) For tax year 2008, a fraction, the numerator of which is | 131 |
thirteen and one-fourth and the denominator of which is | 132 |
twenty-three; | 133 |
(d) For tax year 2009 and thereafter a fraction, the | 134 |
numerator of which is seventeen and the denominator of which is | 135 |
twenty-three. | 136 |
(3) Furniture and fixtures property tax value loss is the | 137 |
taxable value of furniture and fixture property as reported by | 138 |
taxpayers for tax year 2004 multiplied by: | 139 |
(a) For tax year 2006, twenty-five per cent; | 140 |
(b) For tax year 2007, fifty per cent; | 141 |
(c) For tax year 2008, seventy-five per cent; | 142 |
(d) For tax year 2009 and thereafter, one hundred per cent. | 143 |
The taxable value of property reported by taxpayers used in | 144 |
divisions (C)(1), (2), and (3) of this section shall be such | 145 |
values as determined to be final by the tax commissioner as of | 146 |
August 31, 2005. Such determinations shall be final except for any | 147 |
correction of a clerical error that was made prior to August 31, | 148 |
2005, by the tax commissioner. | 149 |
(4) Telephone property tax value loss is the taxable value of | 150 |
telephone property as taxpayers would have reported that property | 151 |
for tax year 2004 if the assessment rate for all telephone | 152 |
property for that year were twenty-five per cent, multiplied by: | 153 |
(a) For tax year 2006, zero per cent; | 154 |
(b) For tax year 2007, zero per cent; | 155 |
(c) For tax year 2008, zero per cent; | 156 |
(d) For tax year 2009, sixty per cent; | 157 |
(e) For tax year 2010, eighty per cent; | 158 |
(f) For tax year 2011 and thereafter, one hundred per cent. | 159 |
(5) Division (C)(5) of this section applies to any school | 160 |
district, joint vocational school district, or local taxing unit | 161 |
in a county in which is located a facility currently or formerly | 162 |
devoted to the enrichment or commercialization of uranium or | 163 |
uranium products, and for which the total taxable value of | 164 |
property listed on the general tax list of personal property for | 165 |
any tax year from tax year 2001 to tax year 2004 was fifty per | 166 |
cent or less of the taxable value of such property listed on the | 167 |
general tax list of personal property for the next preceding tax | 168 |
year. | 169 |
In computing the fixed-rate levy losses under divisions | 170 |
(D)(1), (2), and (3) of this section for any school district, | 171 |
joint vocational school district, or local taxing unit to which | 172 |
division (C)(5) of this section applies, the taxable value of such | 173 |
property as listed on the general tax list of personal property | 174 |
for tax year 2000 shall be substituted for the taxable value of | 175 |
such property as reported by taxpayers for tax year 2004, in the | 176 |
taxing district containing the uranium facility, if the taxable | 177 |
value listed for tax year 2000 is greater than the taxable value | 178 |
reported by taxpayers for tax year 2004. For the purpose of making | 179 |
the computations under divisions (D)(1), (2), and (3) of this | 180 |
section, the tax year 2000 valuation is to be allocated to | 181 |
machinery and equipment, inventory, and furniture and fixtures | 182 |
property in the same proportions as the tax year 2004 values. For | 183 |
the purpose of the calculations in division (A) of section 5751.21 | 184 |
of the Revised Code, the tax year 2004 taxable values shall be | 185 |
used. | 186 |
To facilitate the calculations required under division (C) of | 187 |
this section, the county auditor, upon request from the tax | 188 |
commissioner, shall provide by August 1, 2005, the values of | 189 |
machinery and equipment, inventory, and furniture and fixtures for | 190 |
all single-county personal property taxpayers for tax year 2004. | 191 |
(D) Not later than September 15, 2005, the tax commissioner | 192 |
shall determine for each tax year from 2006 through 2009 for each | 193 |
school district, joint vocational school district, and local | 194 |
taxing unit its machinery and equipment, inventory, and furniture | 195 |
and fixtures fixed-rate levy losses, and for each tax year from | 196 |
2006 through 2011 its telephone property fixed-rate levy loss, | 197 |
which are the applicable amounts described in divisions (D)(1), | 198 |
(2), (3), and (4) of this section: | 199 |
(1) The machinery and equipment fixed-rate levy loss is the | 200 |
machinery and equipment property tax value loss multiplied by the | 201 |
sum of the tax rates of fixed-rate qualifying levies. | 202 |
(2) The inventory fixed-rate loss is the inventory property | 203 |
tax value loss multiplied by the sum of the tax rates of | 204 |
fixed-rate qualifying levies. | 205 |
(3) The furniture and fixtures fixed-rate levy loss is the | 206 |
furniture and fixture property tax value loss multiplied by the | 207 |
sum of the tax rates of fixed-rate qualifying levies. | 208 |
(4) The telephone property fixed-rate levy loss is the | 209 |
telephone property tax value loss multiplied by the sum of the tax | 210 |
rates of fixed-rate qualifying levies. | 211 |
(E) Not later than September 15, 2005, the tax commissioner | 212 |
shall determine for each school district, joint vocational school | 213 |
district, and local taxing unit its fixed-sum levy loss. The | 214 |
fixed-sum levy loss is the amount obtained by subtracting the | 215 |
amount described in division (E)(2) of this section from the | 216 |
amount described in division (E)(1) of this section: | 217 |
(1) The sum of the machinery and equipment property tax value | 218 |
loss, the inventory property tax value loss, and the furniture and | 219 |
fixtures property tax value loss, and, for 2008 | 220 |
thereafter the telephone property tax value loss of the district | 221 |
or unit multiplied by the sum of the fixed-sum tax rates of | 222 |
qualifying levies. For 2006 through 2010, this computation shall | 223 |
include all qualifying levies remaining in effect for the current | 224 |
tax year and any school district levies imposed under section | 225 |
5705.194 or 5705.213 of the Revised Code that are qualifying | 226 |
levies not remaining in effect for the current year. For 2011 | 227 |
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thereafter, this computation shall include only qualifying | 231 |
levies remaining in effect for the current year. For purposes | 232 |
of this computation, a qualifying school district levy imposed | 233 |
under section 5705.194 or 5705.213 of the Revised Code remains | 234 |
in effect in a year after 2010 only if, for that year, the board | 235 |
of education levies a school district levy imposed under section | 236 |
5705.194 or 5705.213 of the Revised Code for an annual sum at | 237 |
least equal to the annual sum levied by the board in tax year | 238 |
2004 less the amount of the payment certified under this | 239 |
division for 2006. | 240 |
(2) The total taxable value in tax year 2004 less the sum of | 241 |
the machinery and equipment, inventory, furniture and fixtures, | 242 |
and telephone property tax value losses in each school district, | 243 |
joint vocational school district, and local taxing unit multiplied | 244 |
by one-half of one mill per dollar. | 245 |
(3) For the calculations in divisions (E)(1) and (2) of this | 246 |
section, the tax value losses are those that would be calculated | 247 |
for tax year 2009 under divisions (C)(1), (2), and (3) of this | 248 |
section and for tax year 2011 under division (C)(4) of this | 249 |
section. | 250 |
(4) To facilitate the calculation under divisions (D) and (E) | 251 |
of this section, not later than September 1, 2005, any school | 252 |
district, joint vocational school district, or local taxing unit | 253 |
that has a qualifying levy that was approved at an election | 254 |
conducted during 2005 before September 1, 2005, shall certify to | 255 |
the tax commissioner a copy of the county auditor's certificate of | 256 |
estimated property tax millage for such levy as required under | 257 |
division (B) of section 5705.03 of the Revised Code, which is the | 258 |
rate that shall be used in the calculations under such divisions. | 259 |
If the amount determined under division (E) of this section | 260 |
for any school district, joint vocational school district, or | 261 |
local taxing unit is greater than zero, that amount shall equal | 262 |
the reimbursement to be paid pursuant to division (E) of section | 263 |
5751.21 or division (A)(3) of section 5751.22 of the Revised | 264 |
Code, and the one-half of one mill that is subtracted under | 265 |
division (E)(2) of this section shall be apportioned among all | 266 |
contributing fixed-sum levies in the proportion that each levy | 267 |
bears to the sum of all fixed-sum levies within each school | 268 |
district, joint vocational school district, or local taxing unit. | 269 |
(F) Not later than October 1, 2005, the tax commissioner | 270 |
shall certify to the department of education for every school | 271 |
district and joint vocational school district the machinery and | 272 |
equipment, inventory, furniture and fixtures, and telephone | 273 |
property tax value losses determined under division (C) of this | 274 |
section, the machinery and equipment, inventory, furniture and | 275 |
fixtures, and telephone fixed-rate levy losses determined under | 276 |
division (D) of this section, and the fixed-sum levy losses | 277 |
calculated under division (E) of this section. The calculations | 278 |
under divisions (D) and (E) of this section shall separately | 279 |
display the levy loss for each levy eligible for reimbursement. | 280 |
(G) Not later than October 1, 2005, the tax commissioner | 281 |
shall certify the amount of the fixed-sum levy losses to the | 282 |
county auditor of each county in which a school district, joint | 283 |
vocational school district, or local taxing unit with a fixed-sum | 284 |
levy loss reimbursement has territory. | 285 |
Sec. 5751.21. (A) Not later than the thirtieth day of July | 286 |
of 2007 | 287 |
of education shall consult with the director of budget and | 288 |
management and determine the following for each school district | 289 |
and each joint vocational school district eligible for payment | 290 |
under division (B) of this section: | 291 |
(1) The state education aid offset, which is the difference | 292 |
obtained by subtracting the amount described in division (A)(1)(b) | 293 |
of this section from the amount described in division (A)(1)(a) of | 294 |
this section: | 295 |
(a) The state education aid computed for the school district | 296 |
or joint vocational school district for the current fiscal year as | 297 |
of the thirtieth day of July; | 298 |
(b) The state education aid that would be computed for the | 299 |
school district or joint vocational school district for the | 300 |
current fiscal year as of the thirtieth day of July if the | 301 |
recognized valuation included the machinery and equipment, | 302 |
inventory, furniture and fixtures, and telephone property tax | 303 |
value losses for the school district or joint vocational school | 304 |
district for the second preceding tax year, and if taxes charged | 305 |
and payable associated with the tax value losses are accounted for | 306 |
in any state education aid computation dependent on taxes charged | 307 |
and payable. | 308 |
(2) The greater of zero or the difference obtained by | 309 |
subtracting the state education aid offset determined under | 310 |
division (A)(1) of this section from the sum of the machinery and | 311 |
equipment fixed-rate levy loss, the inventory fixed-rate levy | 312 |
loss, furniture and fixtures fixed-rate levy loss, and telephone | 313 |
property fixed-rate levy loss certified under division (F) of | 314 |
section 5751.20 of the Revised Code for all taxing districts in | 315 |
each school district and joint vocational school district for the | 316 |
second preceding tax year. | 317 |
By the thirtieth day of July of each such year, the | 318 |
department of education and the director of budget and management | 319 |
shall agree upon the amount to be determined under division | 320 |
(A)(1) of this section. | 321 |
(B) On or before the thirty-first day of August of each year | 322 |
beginning in 2008, the department of education shall recalculate | 323 |
the offset described under division (A) of this section for the | 324 |
previous fiscal year and recalculate the payments made under | 325 |
division (C) of this section in the preceding fiscal year using | 326 |
the offset calculated under this division. If the payments | 327 |
calculated under this division differ from the payments made under | 328 |
division (C) of this section in the preceding fiscal year, the | 329 |
difference shall either be paid to a school district or recaptured | 330 |
from a school district through an adjustment at the same times | 331 |
during the current fiscal year that the payments under division | 332 |
(C) of this section are made. In August and October of the current | 333 |
fiscal year, the amount of each adjustment shall be three-sevenths | 334 |
of the amount calculated under this division. In May of the | 335 |
current fiscal year, the adjustment shall be one-seventh of the | 336 |
amount calculated under this division. | 337 |
(C) The department of education shall pay from the school | 338 |
district tangible property tax replacement fund to each school | 339 |
district and joint vocational school district all of the following | 340 |
for fixed-rate levy losses certified under division (F) of section | 341 |
5751.20 of the Revised Code: | 342 |
(1) On or before May 31, 2006, one-seventh of the total | 343 |
fixed-rate levy loss for tax year 2006; | 344 |
(2) On or before August 31, 2006, and October 31, 2006, | 345 |
one-half of six-sevenths of the total fixed-rate levy loss for tax | 346 |
year 2006; | 347 |
(3) On or before May 31, 2007, one-seventh of the total | 348 |
fixed-rate levy loss for tax year 2007; | 349 |
(4) On or before August 31, 2007, and October 31, 2007, | 350 |
forty-three per cent of the amount determined under division | 351 |
(A)(2) of this section for fiscal year 2008, but not less than | 352 |
zero, plus one-half of six-sevenths of the difference between the | 353 |
total fixed-rate levy loss for tax year 2007 and the total | 354 |
fixed-rate levy loss for tax year 2006. | 355 |
(5) On or before May 31, 2008, fourteen per cent of the | 356 |
amount determined under division (A)(2) of this section for | 357 |
fiscal year 2008, but not less than zero, plus one-seventh of the | 358 |
difference between the total fixed-rate levy loss for tax year | 359 |
2008 and the total fixed-rate levy loss for tax year 2006. | 360 |
(6) On or before August 31, 2008, and October 31, 2008, | 361 |
forty-three per cent of the amount determined under division | 362 |
(A)(2) of this section for fiscal year 2009, but not less than | 363 |
zero, plus one-half of six-sevenths of the difference between the | 364 |
total fixed-rate levy loss in tax year 2008 and the total | 365 |
fixed-rate levy loss in tax year 2007. | 366 |
(7) On or before May 31, 2009, fourteen per cent of the | 367 |
amount determined under division (A)(2) of this section for | 368 |
fiscal year 2009, but not less than zero, plus one-seventh of the | 369 |
difference between the total fixed-rate levy loss for tax year | 370 |
2009 and the total fixed-rate levy loss for tax year 2007. | 371 |
(8) On or before August 31, 2009, and October 31, 2009, | 372 |
forty-three per cent of the amount determined under division | 373 |
(A)(2) of this section for fiscal year 2010, but not less than | 374 |
zero, plus one-half of six-sevenths of the difference between the | 375 |
total fixed-rate levy loss in tax year 2009 and the total | 376 |
fixed-rate levy loss in tax year 2008. | 377 |
(9) On or before May 31, 2010, fourteen per cent of the | 378 |
amount determined under division (A)(2) of this section for | 379 |
fiscal year 2010, but not less than zero, plus one-seventh of the | 380 |
difference between the total fixed-rate levy loss in tax year 2010 | 381 |
and the total fixed-rate levy loss in tax year 2008. | 382 |
(10) On or before August 31, 2010, and October 31, 2010, | 383 |
forty-three per cent of the amount determined under division | 384 |
(A)(2) of this section for fiscal year 2011, but not less than | 385 |
zero, plus one-half of six-sevenths of the difference between the | 386 |
telephone property fixed-rate levy loss for tax year 2010 and the | 387 |
telephone property fixed-rate levy loss for tax year 2009. | 388 |
(11) On or before May 31, 2011, fourteen per cent of the | 389 |
amount determined under division (A)(2) of this section for | 390 |
fiscal year 2011, but not less than zero, plus one-seventh of the | 391 |
difference between the telephone property fixed-rate levy loss for | 392 |
tax year 2011 and the telephone property fixed-rate levy loss for | 393 |
tax year 2009. | 394 |
(12) On or before August 31, 2011, and October 31, 2011, | 395 |
forty-three per cent of the amount determined under division | 396 |
(A)(2) of this
section
| 397 |
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but not less
than zero,
| 399 |
one-half of six-sevenths of the difference between the telephone | 400 |
property fixed-rate levy loss for tax year 2011 and the telephone | 401 |
property fixed-rate levy loss for tax year 2010. | 402 |
(13) On or before May 31, 2012, fourteen per cent of the | 403 |
amount determined under division (A)(2) of this section for | 404 |
fiscal
year 2012, | 405 |
406 | |
not less than zero, plus one-seventh of the difference between | 407 |
the telephone property fixed-rate levy loss for tax year 2011 and | 408 |
the telephone property fixed-rate levy loss for tax year 2010. | 409 |
(14) On or before | 410 |
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October of 2012 and of each year thereafter and the thirty-first | 440 |
day of May of 2013 and of each year thereafter, one-third of the | 441 |
amount determined under division (A)(2) of this section, but not | 442 |
less than zero. | 443 |
The department of education shall report to each school | 444 |
district and joint vocational school district the apportionment of | 445 |
the payments among the school district's or joint vocational | 446 |
school district's funds based on the certifications under division | 447 |
(F) of section 5751.20 of the Revised Code. | 448 |
Any qualifying levy that is a fixed-rate levy that is not | 449 |
applicable to a tax year after 2010 does not qualify for any | 450 |
reimbursement after the tax year to which it is last applicable. | 451 |
(D) For taxes levied within the ten-mill limitation for debt | 452 |
purposes in tax year 2005, payments shall be made equal to one | 453 |
hundred per cent of the loss computed as if the tax were a | 454 |
fixed-rate levy | 455 |
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(E)(1) Not later than January 1, 2006, for each fixed-sum | 460 |
levy of each school district or joint vocational school district | 461 |
and for each year for which a determination is made under division | 462 |
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levy loss is to be reimbursed, the tax commissioner shall certify | 464 |
to the department of education the fixed-sum levy loss determined | 465 |
under that division. The certification shall cover a time period | 466 |
sufficient to include all fixed-sum levies for which the | 467 |
commissioner made such a determination. The department shall pay | 468 |
from the school district property tax replacement fund to the | 469 |
school district or joint vocational school district one-third of | 470 |
the fixed-sum levy loss so certified for each year on or before | 471 |
the last day of May, August, and October of the current year. | 472 |
(2) Beginning in 2006, by the first day of January of each | 473 |
year, the tax commissioner shall review the certification | 474 |
originally made under division (E)(1) of this section. If the | 475 |
commissioner determines that a debt levy that had been scheduled | 476 |
to be reimbursed in the current year has expired, a revised | 477 |
certification for that and all subsequent years shall be made to | 478 |
the department of education. | 479 |
(F) Beginning in September 2007 | 480 |
director of budget and management shall transfer from the school | 481 |
district tangible property tax replacement fund to the general | 482 |
revenue fund each of the following: | 483 |
(1) On the first day of September, one-fourth of the amount | 484 |
determined for that fiscal year under division (A)(1) of this | 485 |
section; | 486 |
(2) On the first day of December, one-fourth of the amount | 487 |
determined for that fiscal year under division (A)(1) of this | 488 |
section; | 489 |
(3) On the first day of March, one-fourth of the amount | 490 |
determined for that fiscal year under division (A)(1) of this | 491 |
section; | 492 |
(4) On the first day of June, one-fourth of the amount | 493 |
determined for that fiscal year under division (A)(1) of this | 494 |
section. | 495 |
If, when a transfer is required under division (F)(1), (2), | 496 |
(3), or (4) of this section, there is not sufficient money in the | 497 |
school district tangible property tax replacement fund to make | 498 |
the transfer in the required amount, the director shall transfer | 499 |
the balance in the fund to the general revenue fund and may make | 500 |
additional transfers on later dates as determined by the director | 501 |
in a total amount that does not exceed one-fourth of the amount | 502 |
determined for the fiscal year. | 503 |
(G) | 504 |
total amount in the school district tangible property tax | 505 |
replacement fund is insufficient to make all payments under | 506 |
divisions (C), (D), and (E) of this section at the times the | 507 |
payments are to be made, the director of budget and management | 508 |
shall transfer from the general revenue fund to the school | 509 |
district tangible property tax replacement fund the difference | 510 |
between the total amount to be paid and the amount in the school | 511 |
district tangible property tax replacement fund. | 512 |
513 | |
514 | |
515 | |
516 | |
517 |
(H) | 518 |
the director of budget and management may transfer any balance in | 519 |
the school district tangible property tax replacement fund to the | 520 |
general revenue fund. | 521 |
522 | |
523 | |
524 |
| 525 |
each fiscal year thereafter, all amounts credited to the school | 526 |
district tangible personal property tax replacement fund shall be | 527 |
appropriated for school purposes. | 528 |
(I) If all of the territory of a school district or joint | 529 |
vocational school district is merged with another district, or if | 530 |
a part of the territory of a school district or joint vocational | 531 |
school district is transferred to an existing or newly created | 532 |
district, the department of education, in consultation with the | 533 |
tax commissioner, shall adjust the payments made under this | 534 |
section as follows: | 535 |
(1) For a merger of two or more districts, the machinery and | 536 |
equipment, inventory, furniture and fixtures, and telephone | 537 |
property fixed-rate levy losses and the fixed-sum levy losses of | 538 |
the successor district shall be equal to the sum of the machinery | 539 |
and equipment, inventory, furniture and fixtures, and telephone | 540 |
property fixed-rate levy losses and debt levy losses as determined | 541 |
in section 5751.20 of the Revised Code, for each of the districts | 542 |
involved in the merger. | 543 |
(2) If property is transferred from one district to a | 544 |
previously existing district, the amount of machinery and | 545 |
equipment, inventory, furniture and fixtures, and telephone | 546 |
property tax value losses and fixed-rate levy losses that shall be | 547 |
transferred to the recipient district shall be an amount equal to | 548 |
the total machinery and equipment, inventory, furniture and | 549 |
fixtures, and telephone property fixed-rate levy losses times a | 550 |
fraction, the numerator of which is the value of business tangible | 551 |
personal property on the land being transferred in the most recent | 552 |
year for which data are available, and the denominator of which is | 553 |
the total value of business tangible personal property in the | 554 |
district from which the land is being transferred in the most | 555 |
recent year for which data are available. For each of the first | 556 |
five years after the property is transferred, but not after fiscal | 557 |
year 2012, if the tax rate in the recipient district is less than | 558 |
the tax rate of the district from which the land was transferred, | 559 |
one-half of the payments arising from the amount of fixed-rate | 560 |
levy losses so transferred to the recipient district shall be paid | 561 |
to the recipient district and one-half of the payments arising | 562 |
from the fixed-rate levy losses so transferred shall be paid to | 563 |
the district from which the land was transferred. Fixed-rate levy | 564 |
losses so transferred shall be computed on the basis of the sum of | 565 |
the rates of fixed-rate qualifying levies of the district from | 566 |
which the land was transferred, notwithstanding division (E) of | 567 |
this section. | 568 |
(3) After December 31, 2004, if property is transferred from | 569 |
one or more districts to a district that is newly created out of | 570 |
the transferred property, the newly created district shall be | 571 |
deemed not to have any machinery and equipment, inventory, | 572 |
furniture and fixtures, or telephone property fixed-rate levy | 573 |
losses and the districts from which the property was transferred | 574 |
shall have no reduction in their machinery and equipment, | 575 |
inventory, furniture and fixtures, and telephone property | 576 |
fixed-rate levy losses. | 577 |
(4) If the recipient district under division (I)(2) of this | 578 |
section or the newly created district under divisions (I)(3) of | 579 |
this section is assuming debt from one or more of the districts | 580 |
from which the property was transferred and any of the districts | 581 |
losing the property had fixed-sum levy losses, the department of | 582 |
education, in consultation with the tax commissioner, shall make | 583 |
an equitable division of the fixed-sum levy loss reimbursements. | 584 |
Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 585 |
commissioner shall compute the payments to be made to each local | 586 |
taxing unit for each year according to divisions (A)(1), (2), (3), | 587 |
and (4) of this section, and shall distribute the payments in the | 588 |
manner prescribed by division (C) of this section. The calculation | 589 |
of the fixed-sum levy loss shall cover a time period sufficient to | 590 |
include all fixed-sum levies for which the commissioner | 591 |
determined, pursuant to division (E) of section 5751.20 of the | 592 |
Revised Code, that a fixed-sum levy loss is to be reimbursed. | 593 |
(1) | 594 |
595 | |
fixtures fixed-rate levy losses determined under division (D) of | 596 |
section 5751.20 of the Revised Code, payments shall be made in an | 597 |
amount equal to each of those losses | 598 |
| 599 |
| 600 |
601 |
| 602 |
603 |
| 604 |
605 |
| 606 |
607 |
| 608 |
609 |
| 610 |
611 |
| 612 |
613 |
| 614 |
615 |
Any qualifying levy that is a fixed-rate levy that is not | 616 |
applicable to a tax year after 2010 shall not qualify for any | 617 |
reimbursement after the tax year to which it is last applicable. | 618 |
(2) | 619 |
620 | |
division (D)(4) of section 5751.20 of the Revised Code, payments | 621 |
shall be made in an amount equal to each of those losses | 622 |
623 |
| 624 |
| 625 |
| 626 |
| 627 |
| 628 |
| 629 |
| 630 |
| 631 |
| 632 |
633 |
Any qualifying levy that is a fixed-rate levy that is not | 634 |
applicable to a tax year after 2011 shall not qualify for any | 635 |
reimbursement after the tax year to which it is last applicable. | 636 |
(3) For fixed-sum levy losses determined under division (E) | 637 |
of section 5751.20 of the Revised Code, payments shall be made in | 638 |
the amount of one hundred per cent of the fixed-sum levy loss for | 639 |
payments required to be made in 2006 and thereafter. | 640 |
(4) For taxes levied within the ten-mill limitation for debt | 641 |
purposes in tax year 2005, payments shall be made | 642 |
643 | |
644 | |
645 | |
646 | |
647 | |
648 | |
649 | |
650 | |
of the loss computed as if the tax were a fixed-rate levy. | 651 |
(B) Beginning in 2007, by the thirty-first day of January of | 652 |
each year, the tax commissioner shall review the calculation | 653 |
originally made under division (A) of this section of the | 654 |
fixed-sum levy losses determined under division (E) of section | 655 |
5751.20 of the Revised Code. If the commissioner determines that a | 656 |
fixed-sum levy that had been scheduled to be reimbursed in the | 657 |
current year has expired, a revised calculation for that and all | 658 |
subsequent years shall be made. | 659 |
(C) Payments to local taxing units required to be made under | 660 |
division (A) of this section shall be paid from the local | 661 |
government tangible property tax replacement fund to the county | 662 |
undivided income tax fund in the proper county treasury. Beginning | 663 |
in May 2006, one-seventh of the amount certified under that | 664 |
division shall be paid by the last day of May each year, and | 665 |
three-sevenths shall be paid by the last day of August and October | 666 |
each year. Within forty-five days after receipt of such payments, | 667 |
the county treasurer shall distribute amounts determined under | 668 |
division (A) of this section to the proper local taxing unit as if | 669 |
they had been levied and collected as taxes, and the local taxing | 670 |
unit shall apportion the amounts so received among its funds in | 671 |
the same proportions as if those amounts had been levied and | 672 |
collected as taxes. | 673 |
(D) | 674 |
total amount in the local government tangible property tax | 675 |
replacement fund is insufficient to make all payments under | 676 |
division (C) of this section at the times the payments are to be | 677 |
made, the director of budget and management shall transfer from | 678 |
the general revenue fund to the local government tangible property | 679 |
tax replacement fund the difference between the total amount to be | 680 |
paid and the amount in the local government tangible property tax | 681 |
replacement fund. | 682 |
683 | |
684 | |
685 | |
686 |
(E) On the fifteenth day of June of each year | 687 |
688 | |
management may transfer any balance in the local government | 689 |
tangible property tax replacement fund to the general revenue | 690 |
fund. | 691 |
(F) If all or a part of the territories of two or more local | 692 |
taxing units are merged, or unincorporated territory of a township | 693 |
is annexed by a municipal corporation, the tax commissioner shall | 694 |
adjust the payments made under this section to each of the local | 695 |
taxing units in proportion to the tax value loss apportioned to | 696 |
the merged or annexed territory, or as otherwise provided by a | 697 |
written agreement between the legislative authorities of the local | 698 |
taxing units certified to the commissioner not later than the | 699 |
first day of June of the calendar year in which the payment is to | 700 |
be made. | 701 |
Sec. 5751.23. (A) As used in this section: | 702 |
(1) "Administrative fees" means the dollar percentages | 703 |
allowed by the county auditor for services or by the county | 704 |
treasurer as fees, or paid to the credit of the real estate | 705 |
assessment fund, under divisions (A) and (C) of section 319.54 | 706 |
and division (A) of section 321.26 of the Revised Code. | 707 |
(2) "Administrative fee loss" means a county's loss of | 708 |
administrative fees due to its tax value loss, determined | 709 |
710 |
| 711 |
712 | |
713 | |
for all taxing districts in the county under divisions (D) and (E) | 714 |
of section 5751.20 of the Revised Code by nine thousand six | 715 |
hundred fifty-nine ten-thousandths of one per cent if total taxes | 716 |
collected in the county in 2004 exceeded one hundred fifty million | 717 |
dollars, or one and one thousand one hundred fifty-nine | 718 |
ten-thousandths of one per cent if total taxes collected in the | 719 |
county in 2004 were one hundred fifty million dollars or less | 720 |
| 721 |
722 | |
723 | |
724 | |
725 |
(3) "Total taxes collected" means all money collected on any | 726 |
tax duplicate of the county, other than the estate tax duplicates. | 727 |
"Total taxes collected" does not include amounts received pursuant | 728 |
to divisions (F) and (G) of section 321.24 or section 323.156 of | 729 |
the Revised Code. | 730 |
(B) Not later than December 31, 2005, the tax commissioner | 731 |
shall certify to each county auditor the tax levy losses | 732 |
calculated under divisions (D) and (E) of section 5751.20 of the | 733 |
Revised Code for each school district, joint vocational school | 734 |
district, and local taxing unit in the county. Not later than the | 735 |
thirty-first day of January of 2006 through 2017, the county | 736 |
auditor shall determine the administrative fee loss for the county | 737 |
and apportion that loss ratably among the school districts, joint | 738 |
vocational school districts, and local taxing units on the basis | 739 |
of the tax levy losses certified under this division. | 740 |
(C) On or before each of the days prescribed for the | 741 |
settlements under divisions (A) and (C) of section 321.24 of the | 742 |
Revised Code in the years 2006 through 2017, the county treasurer | 743 |
shall deduct one-half of the amount apportioned to each school | 744 |
district, joint vocational school district, and local taxing unit | 745 |
from the portions of revenue payable to them. | 746 |
(D) On or before each of the days prescribed for settlements | 747 |
under divisions (A) and (C) of section 321.24 of the Revised Code | 748 |
in the years 2006 through 2017, the county auditor shall cause to | 749 |
be deposited an amount equal to one-half of the amount of the | 750 |
administrative fee loss in the same funds as if allowed as | 751 |
administrative fees. | 752 |
Section 2. That existing sections 5751.20, 5751.21, 5751.22, | 753 |
and 5751.23 of the Revised Code are hereby repealed. | 754 |