As Introduced
136th General Assembly
Regular Session H. B. No. 1020
2025-2026
Representative Isaacsohn
Cosponsors: Representatives Brownlee, Robinson, Miller, J., Piccolantonio, Grim, Baker, Abdullahi, Bryant Bailey, Somani, Mohamed, Russo, Sigrist, Synenberg, Cockley, Sweeney, Lett, Sims, Upchurch, Tims, Troy, Lawson-Rowe, Hall, D., Humphrey, Brewer, McNally, Jarrells
To amend sections 122.09, 123.28, 123.281, 169.08, 323.152, 718.13, 4503.065, 5735.50, and 5735.99 and to repeal sections 123.282, 123.283, and 169.081 of the Revised Code and to repeal Section 229.40 of H.B. 96 of the 136th General Assembly as subsequently amended to temporarily suspend the motor fuel tax, to repeal the law requiring the escheatment of unclaimed funds to the state and the funding of the Brook Park project and major sports facilities projects, to create an electric bill credit, to increase the homestead exemption amount and income limit, to make an appropriation, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 122.09, 123.28, 123.281, 169.08, 323.152, 718.13, 4503.065, 5735.50, and 5735.99 of the Revised Code be amended to read as follows:
Sec. 122.09. (A) As used in this section:
(1) "Development costs" means all expenditures paid or incurred by the property owner in completing a certified transformational mixed use development project including acquisition costs and all costs incurred before the project is certified by the director of development.
(2) "Eligible expenditures" means certain expenditures paid or incurred by the property owner in completing a certified transformational mixed use development project after the project is certified by the director of development, including architectural or engineering fees, due diligence costs, hard and soft construction costs, paid or incurred in connection with the project and architectural and engineering fees and due diligence costs incurred before the date the project is certified by the director of development under division (C) of this section.
(3) "Property owner" means a person or persons holding a fee simple or leasehold interest in real property, including interests in real property acquired through a capital lease arrangement, and a person or persons in contract to acquire real property with the only remaining contractual contingency being receipt of an award under this section. "Owner" does not include the state or a state agency, or any political subdivision as defined in section 9.23 of the Revised Code. For the purpose of this division, "fee simple interest," "leasehold interest," and "capital lease" shall be construed in accordance with generally accepted accounting principles.
(4) "Transformational mixed use development" means a project that consists of eligible expenditures for new construction or the redevelopment, rehabilitation, expansion, or other improvement of vacant buildings or structures, or a combination of the foregoing, and that, inclusively:
(a) Will have a transformational economic impact on the project site;
(b) Integrates at least two of the following uses into one mixed use development:
(i) Office;
(ii) Residential;
(iii) Retail, which may include restaurant space;
(iv) Hotel and hospitality;
(v) Recreation.
(c) Satisfies one of the following criteria:
(i) If the project site is located within ten miles of a major city, the project includes at least one new or previously vacant building that is fifteen or more stories in height or has a floor area of at least three hundred fifty thousand square feet, or after completion will be the site of employment accounting for at least five million dollars in annual payroll, or includes two or more buildings that are connected to each other, are located on the same parcel or on contiguous parcels, and that collectively have a floor area of at least three hundred fifty thousand square feet;
(ii) If the project site is not located within ten miles of a major city, the project includes at least one new or previously vacant building that is two or more stories in height or has a floor area of at least seventy-five thousand square feet or two or more new buildings that are located on the same parcel or on contiguous parcels and that collectively have a floor area of at least seventy-five thousand square feet.
A
"transformational mixed use development" does not include a
project located wholly or partially in a transformational major
sports facility mixed-use project district as defined in section
123.28 of the Revised Code.
(5) "Increase in tax collections" means the difference, if positive, of the amount of state and local taxes estimated to be derived from economic activity occurring within the project site, but excluding any other phases of the development project for developments completed in phases, during the completion period minus the amount of such taxes that are estimated to be derived from such economic activity in that site during the same period if the transformational mixed use development project were not certified by the director of development and completed.
(6) "Completion period" means the time period beginning on the day after a transformational mixed use development project is certified by the director of development and ending on the fifth anniversary of the day the project is completed.
(7) "Contribute capital" means to invest, loan, or donate cash in exchange for an equity interest in an asset, or a debt instrument.
(8) "Major city" means a municipal corporation that has a population greater than one hundred thousand.
(9) "Project site" means the land, and improvements thereon, upon which a transformational mixed use development will be constructed, which consists of a single parcel or multiple parcels that are contiguous with one another, including parcels separated only by a publicly dedicated road.
(B) The property owner of one or more parcels of land in this state within which a transformational mixed use development project is planned may apply to the director of development for certification of the development project and preliminary approval of a tax credit in an amount up to ten per cent of the estimated eligible expenditures. Each application shall be filed in the form and manner prescribed by the director and shall, at minimum, include a development plan comprised of all of the following information:
(1) The location of the project site and an indication of whether it is located within ten miles of a major city;
(2) A detailed description of the proposed transformational mixed use development project including site plans, elevations, construction drawings, architectural renderings, or other means sufficient to convey the appearance, size, purposes, capacity, and scope of the project;
(3) A viable project budget supported by construction hard cost estimates, organized by line item, that estimates the development costs and eligible expenditures that have been or will be incurred in the completion of the project;
(4) A viable financial plan showing both (a) at least fifty-one per cent of the needed funding secured, as evidenced by commitment letters, letters of intent, or terms sheets and third party equity verification, and (b) a strategy for obtaining any needed but not yet secured funding;
(5) An estimated schedule for the progression and completion of the project;
(6) An assessment of the projected newly created economic impact of and from the project based upon the projected increase in tax collections during the completion period at the project site, excluding economic activity existing at the time of or before certification of the development project and preliminary approval of a tax credit, prepared by an economic impact consultant with experience performing economic impact studies in Ohio and reviewed by an independent third party reviewer retained by the director of development to ensure accuracy, uniformity, consistency, and fairness;
(7) Evidence that the increase in tax collections during the completion period will exceed ten per cent of the estimated eligible expenditures reported under division (B)(3) of this section;
(8) The portion of any tax credit issued that the applicant would like issued to the property owner or to an insurance company, financial institution, or other person based upon capital contributions that have been made or will be made to the project;
(9) Evidence that, but for the applicant's receipt of the credit, the project will not be completed. If any portion of the project the applicant seeks certification and preliminary approval for has commenced construction, excluding brownfield remediation and demolition, or the project has closed on construction financing, this division's standard is not met and the project is not eligible for certification and preliminary approval.
(C)(1) In determining whether to certify a project that is the subject of an application submitted under division (B) of this section, the director of development shall consider the potential impact of the transformational mixed use development on the project site in terms of architecture, accessibility to pedestrians, retail entertainment and dining sales, job creation, and revenue from sales, income, lodging, and property taxes. The director shall not certify a project unless it satisfies the following conditions:
(a) The project qualifies as a transformational mixed use development project and satisfies all other criteria prescribed by this section or by rule of the director;
(b) The estimated increase in tax collections from the project site during the completion period exceeds ten per cent of the estimated eligible expenditures for the project reported under division (B)(3) of this section;
(c) The applicant will not be able to (i) close on construction financing, (ii) commence construction, excluding any brownfield remediation or demolition that may have already been performed, and (iii) complete the project unless the applicant receives the credit;
(d) If the project site is located within ten miles of a major city, the estimated eligible expenditures to complete the project exceed fifty million dollars.
In making a determination of whether or not to approve an application, the director may conduct an interview of the applicant.
(2) If the director of development approves an application, the director shall issue a statement certifying the associated transformational mixed use development project and preliminarily approving a tax credit. The statement shall stipulate that issuance of a tax credit certificate is contingent upon completion of the transformational mixed use development project as described in the development plan for the project. The statement shall specify the estimated amount of the tax credit preliminarily approved and the amount of credit preliminarily approved for each person identified in the application pursuant to division (B)(8) of this section, but state that the amount of the credit is dependent upon determination of the actual eligible expenditures attributed to the project.
The amount of the credit shall not exceed the amount applied for in the application approved by the director.
(3) The total estimated amount of the tax credit shall equal up to ten per cent of the estimated eligible expenditures for the project as reported in the project development plan pursuant to division (B) of this section. The estimated credit amounts may be reduced by the director of development as a condition of certifying the project if such a reduction is necessary to comply with the limitations on the amount of credits that may be preliminarily approved as prescribed by division (C)(5) of this section. The estimated credit amounts shall not be adjusted after the statement described in division (C)(2) of this section has been issued, except as provided by division (G) of this section.
(4) If the director of development denies an application, the director shall notify the applicant of the reason or reasons for such determination. The director's determination is final, but an applicant may revise and resubmit a previously denied application in a future year.
(5)(a) The director of development may not preliminarily approve more than one hundred twenty-five million dollars of new estimated tax credits in each of fiscal years 2026 and 2027. The director shall not preliminarily approve any dollar amount of new estimated tax credits under this section in any fiscal year after fiscal year 2027 unless specifically authorized by an act of the general assembly.
Tax credits preliminarily approved under this section in preceding fiscal years and for which preliminary approval was rescinded in the fiscal year immediately preceding the current fiscal year shall be available for preliminary approval under this section in the current fiscal year. Credit amounts available due to such rescission do not apply towards the one hundred twenty-five million dollar limit prescribed in this division.
(b) Except as provided in division (C)(6) of this section, not more than eighty-five million dollars of estimated new tax credits, plus an amount equal to two-thirds of any credits for which preliminary approval was rescinded in the preceding fiscal year, may be preliminarily approved in connection with projects that are located within ten miles of a major city in the current fiscal year.
(c) Not more than twenty million dollars of estimated tax credits may be preliminarily approved in connection with the same transformational mixed use development project.
(6) If, for the current fiscal year, the dollar amount of tax credits applied for under division (B) of this section in connection with projects that are not located within ten miles of a major city exceeds forty million dollars, plus an amount equal to one-third of any credits for which preliminary approval was rescinded in the preceding fiscal year, the director of development shall rank those applications and certify and preliminarily approve tax credits for the associated projects in order, pursuant to division (C)(7) of this section. If the dollar amount of tax credits applied for under division (B) of this section in connection with such projects is less than that amount, the difference shall be available for projects within ten miles of a major city.
If, for the current fiscal year, the dollar amount of tax credits applied for in connection with projects located within ten miles of a major city exceeds eighty-five million dollars, plus an amount equal to two-thirds of any credits for which preliminary approval was rescinded in the previous fiscal year and the amount of funds initially reserved for projects more than ten miles from a major city but unawarded to such projects, the director shall rank those applications and certify the associated projects in order, pursuant to division (C)(7) of this section.
(7) When ranking is required under division (C)(6) of this section, the director of development shall compare applicant projects that are within ten miles of a major city to other applicant projects that are within ten miles of a major city, and the director shall compare applicant projects that are more than ten miles outside of a major city with other applicant projects that are more than ten miles outside of a major city. The director shall apply a point value to applications according to the following criteria:
(a) Up to ten points based on comparative measurement of physical scope of the projects as measured by gross square footage of vertical improvements including new construction and renovated space. The largest project in terms of physical scope shall receive ten points and the remaining projects shall receive points based on a percentage basis in proportion to each project's relative size as compared to the largest project in that location category, by gross square footage.
(b) Up to five points based on a comparative measurement of the density of the new project as measured by a building to land ratio using the gross square footage of new construction and renovated space and the gross land square footage of the project parcels excluding submerged land. The highest ratio in terms of building to land ratio shall receive five points and the remaining projects shall receive points based on a percentage basis in proportion to each project's relative ratio as compared to the highest project ratio.
(c) Up to ten points based on an evaluation of the distribution of project end uses, with preference given to projects with greater variety and distribution of uses;
(d) Up to fourteen points based on the project's receipt of necessary government approvals and local support, available as follows:
(i) Two points for zoning approval or evidence, in the form of a letter from the governmental body with jurisdiction over the zoning of the project site, that the project site already has the necessary zoning for the project;
(ii) Two points for planning commission approval or evidence that planning commission approval is not required;
(iii) Two points available for existing utility connections or commitments to establish utility connections including water, sewer, sanitary storm, and electric documented by utility service letters;
(iv) Two points for an approved and executed development agreement with each municipal corporation or township in which the development project is proposed;
(v) Two points for approved construction drawings and issuance of construction permits for the entirety of the scope of work set forth in the application;
(vi) Up to two points available for letters in support of the project and the application. One point is available for a letter in support of the project and the application from the mayor, city manager, or other chief executive of each municipal corporation or township, and one point is available for a letter in support of the project and the application from the chief executive of each county, where the development project is to be located.
(vii) Two points available for documented financial support for the project from each municipal corporation or township in which the project is located, which may include tax increment financing or creation of a community reinvestment area under section 3735.66 of the Revised Code.
(e) Up to ten points based on the committed funding sources as a percentage of total development costs. A project that has funding commitments for all projected development costs shall receive ten points, and projects with funding commitments for less than all projected development costs shall receive a number of points based on the relative amount of committed funding compared to total development costs of the given project.
The funding commitments may take into account the monetized value of the certificate applied for under this section so long as the applicant provides a letter of intent or commitment to purchase that certificate if issued. Letters of intent or loan commitments are required to earn points for any financing that is a funding source in this category and any such letter of intent or loan commitment may be subject to the receipt of an award under this section.
(f) Up to five points based on purchase or lease commitments from end users for the space created by the project. Projects that have received commitments for all space shall receive five points, and projects with less than all end users committed shall be allocated points based on the relative square footage of committed space compared to total project square footage.
(g) Up to ten points for projects in areas of higher relative walkability as measured by the United States environmental protection agency's walkability index for the project's census tract with projects in areas designated as the highest level of walkability receiving ten points and projects in areas with lower levels of walkability receiving proportional points;
(h) Up to five points based on a comparative measurement of total retail, entertainment, and dining sales to be generated by the project. Projects generating the largest return on investment shall receive five points, and the remaining projects shall be allocated points based on relative return on investment in comparison to the highest scoring project in this category.
(i) Up to five points based on a comparative measurement of the total new payroll to be generated by the project. Projects generating the largest return on investment shall receive five points, and remaining projects shall be allocated points based on relative return on investment in comparison to the highest scoring project in this category.
(j) Up to twenty points based on a comparative measurement of the total sales, income, lodging, and property taxes to be generated by the project. Projects generating the largest return on investment shall receive twenty points, and remaining projects shall be allocated points based on relative return on investment in comparison to the highest scoring project in this category.
(k) Up to six points for community impacts, available as follows:
(i) Two points for evidence that the project supports the vision and goals stated in the local master plan or other economic development strategy adopted by the local jurisdiction;
(ii) Two points for the projects that provide community gathering, event, park, or other similar space open to the public. Projects that incorporate public space that accounts for ten per cent or more public space relative to the total square footage of all project end uses will receive two points. Projects that incorporate public space that accounts for less than ten per cent but greater than zero per cent public space relative to the total square footage of all project end uses will receive one point.
(iii) Two points for projects that include remediation of a brownfield or the rehabilitation of a building or structure that is one hundred per cent vacant for the twelve months immediately preceding the date of application. As used in this division "brownfield" has the same meaning as in section 122.6511 of the Revised Code.
(8) When calculating the economic impact of a project previously completed and future phases of a phased development are not permitted to be included in the economic impact analysis or scoring.
(D) Within twelve months of the date a project is certified, the property owner shall provide the director of development with an updated schedule for the progression and completion of the project and documentation sufficient to demonstrate that construction of the project has begun. If the property owner does not provide the schedule and documentation or if construction of the project has not begun within the time prescribed by this division, the director shall rescind certification of the project and send notice of the rescission to the property owner. A property owner that receives notice of rescission may submit a new application concerning the same project under division (B) of this section.
(E) An applicant that is preliminarily approved for a tax credit under this section may sell or transfer the rights to all or a portion of that credit to one or more persons. The applicant shall notify the director of development upon selling or transferring the rights to the credit. The notice shall identify the person or persons to which the credit was sold or transferred and the credit amount sold or transferred to each such person. A credit may be divided among multiple purchasers through more than one transaction and any person to whom the right to claim all or a portion of a credit was transferred may transfer that right, in whole or in part, to another person.
(F)(1) The property owner shall notify the director of development upon completion of a certified transformational mixed use development project. The notification shall include a report prepared by a third-party certified public accountant that contains a detailed accounting of the actual development costs and eligible expenditures attributed to the project.
(2) Upon receiving such a notice, the director of development shall issue a tax credit certificate to each applicant, or other person identified in the application pursuant to division (B)(8) of this section, that is preliminarily approved for a credit associated with the project.
(G) The value of the tax credit certificates issued in connection with the transformational mixed use development project shall be computed as the lesser of the amount preliminarily approved for the tax credit or ten per cent of the actual eligible expenditures attributed to the project.
(H) The aggregate value of all tax credit certificates issued under this section for the same transformational mixed use development project shall not exceed (1) ten per cent of the actual eligible expenditures of that project or (2) the estimated credit amount preliminarily approved by the director of development in connection with the project.
(I) Issuance of a tax credit certificate under this section does not represent a verification or certification by the director of development of the actual eligible expenditures of the project. Such amounts are subject to inspection and examination by other state agencies.
(J) Upon the issuance of a tax credit certificate under this section, the director of development shall certify to the superintendent of insurance and the tax commissioner (1) the name of each person that was issued a tax credit certificate, (2) whether a person acquired the rights to the tax credit certificate from the property owner, (3) the credit amount shown on each tax credit certificate, and (4) any other information required by the rules adopted under this section. A person that holds the rights to a tax credit certificate issued under this section may claim a tax credit under section 5725.35, 5726.62, 5729.18, or 5747.87 of the Revised Code, subject to any limitations in those sections.
(K) The director of development shall publish information about each transformational mixed use development on the web site of the department of development not later than the first day of August following certification of the project. The director shall update the published information annually until the project is complete and the credit or credits are fully claimed. The published information shall include all of the following:
(1) The location of the transformational mixed use development and the name by which it is known;
(2) The estimated schedule for progression and completion of the project included in the development plan pursuant to division (B)(4) of this section;
(3) The assessment of the projected economic impact of the project included in the development plan pursuant to division (B)(5) of this section;
(4) The evidence supporting the estimated increase in tax collections included in the development plan pursuant to division (B)(6) of this section, except that the director may omit any proprietary or sensitive information included in such evidence;
(5) The estimated eligible expenditures that have been or will be incurred in completion of the project;
(6) A copy of each report submitted to the director of development by the applicant under division (D) of this section.
(L) The director of development, in accordance with Chapter 119. of the Revised Code, shall adopt rules that establish all of the following:
(1) Forms and procedures by which applicants may apply for a transformational mixed use development tax credit, and any deadlines for applying;
(2) Criteria and procedures for reviewing, evaluating, ranking, and approving applications within the limitations prescribed by this section, including rules prescribing the timing and frequency by which the director of development must rank applications and preliminarily approve tax credits under division (C) of this section;
(3) Eligibility requirements for obtaining a tax credit certificate under this section;
(4) The form of the tax credit certificate;
(5) Reporting requirements and monitoring procedures;
(6) Procedures for computing the increase in tax collections within the project site;
(7) Any other rules necessary to implement and administer this section.
Sec.
123.28. As
used in this section and in sections
section
123.281
to
123.283, except as otherwise provided in those sections, of
the Revised Code:
(A) "Culture" means any of the following:
(1) Visual, musical, dramatic, graphic, design, and other arts, including, but not limited to, architecture, dance, literature, motion pictures, music, painting, photography, sculpture, and theater, and the provision of training or education in these arts;
(2) The presentation or making available, in museums or other indoor or outdoor facilities, of principles of science and their development, use, or application in business, industry, or commerce or of the history, heritage, development, presentation, and uses of the arts described in division (A)(1) of this section and of transportation;
(3) The preservation, presentation, or making available of features of archaeological, architectural, environmental, or historical interest or significance in a state historical facility or a local historical facility.
(B) "Cultural organization" means either of the following:
(1) A governmental agency or Ohio nonprofit corporation, including the Ohio history connection, that provides programs or activities in areas directly concerned with culture;
(2) A regional arts and cultural district as defined in section 3381.01 of the Revised Code.
(C) "Cultural project" means all or any portion of an Ohio cultural facility for which the general assembly has made an appropriation or has specifically authorized the spending of money or the making of rental payments relating to the financing of construction.
(D) "Cooperative use agreement" means a contract between the Ohio facilities construction commission and a cultural organization providing the terms and conditions of the cooperative use of an Ohio cultural facility.
(E) "Costs of operation" means amounts required to manage an Ohio cultural facility that are incurred following the completion of construction of its cultural project, provided that both of the following apply:
(1) Those amounts either:
(a) Have been committed to a fund dedicated to that purpose;
(b) Equal the principal of any endowment fund, the income from which is dedicated to that purpose.
(2) The commission and the cultural organization have executed an agreement with respect to either of those funds.
(F) "Governmental agency" means a state agency, a state institution of higher education as defined in section 3345.12 of the Revised Code, a municipal corporation, county, township, or school district, a port authority created under Chapter 4582. of the Revised Code, any other political subdivision or special district in this state established by or pursuant to law, or any combination of these entities; except where otherwise indicated, the United States or any department, division, or agency of the United States, or any agency, commission, or authority established pursuant to an interstate compact or agreement.
(G) "Local contributions" means the value of an asset provided by or on behalf of a cultural organization from sources other than the state, the value and nature of which shall be approved by the Ohio facilities construction commission, in its sole discretion. "Local contributions" may include the value of the site where a cultural project is to be constructed. All "local contributions," except a contribution attributable to such a site, shall be for the costs of construction of a cultural project or the creation or expansion of an endowment for the costs of operation of a cultural facility.
(H) "Local historical facility" means a site or facility, other than a state historical facility, of archaeological, architectural, environmental, or historical interest or significance, or a facility, including a storage facility, appurtenant to the operations of such a site or facility, that is owned by a cultural organization and is used for or in connection with cultural activities, including the presentation or making available of culture to the public.
(I) "Manage," "operate," or "management" means the provision of, or the exercise of control over the provision of, activities:
(1) Relating to culture for an Ohio cultural facility, including as applicable, but not limited to, providing for displays, exhibitions, specimens, and models; booking of artists, performances, or presentations; scheduling; and hiring or contracting for directors, curators, technical and scientific staff, ushers, stage managers, and others directly related to the cultural activities in the facility; but not including general building services;
(2) Relating to sports and athletic events for an Ohio sports facility, including as applicable, but not limited to, providing for booking of athletes, teams, and events; scheduling; and hiring or contracting for staff, ushers, managers, and others directly related to the sports and athletic events in the facility; but not including general building services.
(J) "Ohio cultural facility" means any of the following:
(1) The theaters located in the state office tower at 77 South High street in Columbus;
(2) Any cultural facility in this state that is managed directly by, or is subject to a cooperative use or management agreement with, the Ohio facilities construction commission.
(3) A state historical facility or a local historical facility.
(K) "Construction" includes acquisition, including acquisition by lease-purchase, demolition, reconstruction, alteration, renovation, remodeling, enlargement, improvement, site improvements, and related equipping and furnishing.
(L) "State historical facility" means a site or facility that has all of the following characteristics:
(1) It is created, supervised, operated, protected, maintained, and promoted by the Ohio history connection pursuant to the Ohio history connection's performance of public functions under sections 149.30 and 149.302 of the Revised Code.
(2) Its title must reside wholly or in part with the state, the Ohio history connection, or both the state and the Ohio history connection.
(3) It is managed directly by or is subject to a cooperative use or management agreement with the Ohio facilities construction commission and is used for or in connection with cultural activities, including the presentation or making available of culture to the public.
(M) "Ohio sports facility" means all or a portion of a stadium, arena, tennis facility, motorsports complex, or other capital facility in this state. A primary purpose of the facility shall be to provide a site or venue for the presentation to the public of motorsports events, professional tennis tournaments, or events of one or more major or minor league professional athletic or sports teams that are associated with the state or with a city or region of the state. The facility shall be, in the case of a motorsports complex, owned by the state or governmental agency, or in all other instances, owned by or located on real property owned by the state or a governmental agency, and includes all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real and personal property and interests and rights therein, that may be appropriate for or used for or in connection with the facility or its operation, for capital costs of which state funds are spent pursuant to this section and section 123.281 of the Revised Code. A facility constructed as an Ohio sports facility may be both an Ohio cultural facility and an Ohio sports facility.
(N) "Motorsports" means sporting events in which motor vehicles are driven on a clearly demarcated tracked surface.
(O)
"Professional sports franchise" means a member of the
following professional sports leagues: the national football league,
women's national football conference, women's football alliance,
women's football league association, national hockey league,
professional women's hockey league, major league baseball, women's
professional baseball league, major league soccer, national women's
soccer league, national basketball association, or the women's
national basketball association, or a successor of such an entity.
(P)
"Major sports facility" means a stadium, arena, complex, or
other facility that a governmental agency owns, will own, or has or
will have a sufficient ownership interest in, the primary purpose of
which is to provide a site or venue for the presentation of home
games of a professional sports franchise for a period of at least
thirty years after completion of the construction of the stadium,
arena, complex, or other facility.
(Q)
"Transformational major sports facility mixed-use project"
means the following, as applicable:
(1)
A mixed-use project that meets all of the following criteria:
(a)
Includes the construction of a major sports facility;
(b)
Integrates some combination of retail, office, hotel, residential,
recreation, structured parking, or other similar uses into one or
more mixed-use developments;
(c)
Is expected to generate incremental state tax revenues pursuant to
state taxes levied under Chapters 5739., 5741., 5747., and 5751. of
the Revised Code;
(d)
Has an initial total estimated construction cost, excluding any site
acquisition cost, that is greater than one billion dollars.
(2)
In addition to the criteria under division (Q)(1) of this section, a
transformational major sports facility mixed-use project may include
any of the following:
(a)
Other projects supporting or relating to the major sports facility or
the professional sports franchise constructing or using the major
sports facility;
(b)
Any mixed-use project adjacent or otherwise relating to practice
facilities for the professional sports franchise;
(c)
Conference centers, concert, or other entertainment venues and
facilities;
(d)
Retail, food, restaurant, and beverage facilities, whether fixed or
mobile;
(e)
Parks and other public open spaces or facilities;
(f)
Related on-site infrastructure necessary or desirable for all such
elements for the transformational major sports facility mixed-use
project.
(R)
"Transformational major sports facility mixed-use project
district" means the geographic area encompassing, and including
all of the area within the territorial boundaries of, the land upon
which the transformational major sports facility mixed-use project is
located, as determined by the office of budget and management, in
consultation with the department of taxation, the Ohio facilities
construction commission, and any applicable county or municipal
offices in accordance with division (H)(5)(e) of section 123.281 of
the Revised Code.
(S)
"Base professional sports franchise state tax revenues"
means an amount or calculation either established by the general
assembly or equal to all state tax revenues generated pursuant to
state taxes levied under Chapters 5739., 5741., 5747., and 5751. of
the Revised Code that are attributable to the professional sports
franchise and its operations at the professional sports franchise's
existing facility, and collected by the department of taxation in the
calendar year occurring immediately before the calendar year in which
the professional sports franchise plays its initial regular season
home game in the major sports facility, which shall be increased by
three and one-half per cent per year each calendar year for up to
sixteen years thereafter.
(T)
"Total major sports facility mixed-use project district state
tax revenues" means the total aggregate state tax revenue
generated in the territory of a transformational major sports
facility mixed-use project district pursuant to state taxes levied
under Chapters 5739., 5741., 5747., and 5751. of the Revised Code
beginning in the calendar year in which a performance grant is
eligible for disbursement under an appropriation and for sixteen
years thereafter. Total major sports facility mixed-use project
district state tax revenues also includes the following:
(1)
State tax revenues attributable to the construction of, and the
purchasing of or leasing of materials and items used in the
construction of, a transformational major sports facility mixed-use
project district beginning in the calendar year in which the
performance grant is eligible for disbursement under an
appropriation;
(2)
The professional sports franchise and its operations at the major
sports facility.
(U)
"Incremental major sports facility mixed-use project district
state tax revenues" means the amount of state tax revenues
received by the state determined by subtracting base professional
sports franchise state tax revenues, as calculated for a given
calendar year including any required three and one-half per cent
annual increase, from total major sports facility mixed-use project
district state tax revenues for such year.
(V)
"Total incremental major sports facility mixed-use project
district state tax revenues" means the aggregate amount of
incremental major sports facility mixed-use district state tax
revenues beginning in the calendar year in which a performance grant
is eligible for disbursement under an appropriation and for sixteen
years thereafter.
(W)
"Affiliate" means a person that directly, or indirectly
through one or more intermediaries, controls, is controlled by, is
under common control with, or acts in concert with, or is a
participant in a joint venture, partnership, consortium, or similar
business arrangement with, a professional sports franchise or owner.
(X)
"Owner" means a person that has a controlling ownership
interest in a professional sports franchise.
(Y)
"Person" means one or more individuals, receivers,
assignees, trustees in bankruptcy, estates, firms, limited liability
companies, partnerships, associations, joint-stock companies, joint
ventures, clubs, societies, corporations, and combinations of
individuals in any form.
Sec. 123.281. (A) The Ohio facilities construction commission shall provide for the construction of a cultural project in conformity with Chapter 153. of the Revised Code, except for construction services provided on behalf of the state by a governmental agency or a cultural organization in accordance with divisions (B) and (C) of this section.
(B) In order for a governmental agency or a cultural organization to provide construction services on behalf of the state for a cultural project, other than a state historical facility, for which the general assembly has made an appropriation or specifically authorized the spending of money or the making of rental payments relating to the financing of the construction, the governmental agency or cultural organization shall submit to the Ohio facilities construction commission a cooperative use agreement that includes, but is not limited to, provisions that:
(1) Specify how the proposed project will support culture;
(2) Specify that the governmental agency or cultural organization has local contributions amounting to not less than fifty per cent of the total state funding for the cultural project;
(3) Specify that the funds shall be used only for construction;
(4) Identify the facility to be constructed, renovated, remodeled, or improved;
(5) Specify that the project scope meets the intent and purpose of the project appropriation and that the project can be completed and ready to support culture without exceeding appropriated funds;
(6) Specify that the governmental agency or cultural organization shall hold the Ohio facilities construction commission harmless from all liability for the operation and maintenance costs of the facility;
(7) Specify that the agreement or any actions taken under it are not subject to Chapter 123. or 153. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the Revised Code, and are subject to Chapter 4115. of the Revised Code; and
(8) Provide that amendments to the agreement shall require the approval of the Ohio facilities construction commission.
(C) In order for a cultural organization to provide construction services on behalf of the state for a state historical facility for which the general assembly has made an appropriation or specifically authorized the spending of money or the making of rental payments relating to the financing of the construction, the cultural organization shall submit to the Ohio facilities construction commission a cooperative use agreement that includes, but is not limited to, provisions that:
(1) Specify how the proposed project will support culture;
(2) Specify that the funds shall be used only for construction;
(3) Specify that not more than three per cent of the funds may be used by the cultural organization to administer the project;
(4) Identify the facility to be constructed, renovated, remodeled, or improved;
(5) Specify that the project scope meets the intent and purpose of the project appropriation and that the project can be completed and ready to support culture without exceeding appropriated funds;
(6) Specify that the cultural organization shall hold the Ohio facilities construction commission harmless from all liability for the operation and maintenance costs of the facility;
(7) Specify that the agreement or any actions taken under it are not subject to Chapter 123., 153., or 4115. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, and 123.281 of the Revised Code; and
(8) Provide that amendments to the agreement shall require the approval of the Ohio facilities construction commission.
(D) For an Ohio sports facility that is financed in part by obligations issued under Chapter 154. of the Revised Code, construction services shall be provided on behalf of the state by or at the direction of the governmental agency or nonprofit corporation that will own or be responsible for the management of the facility. Any construction services to be provided by a governmental agency or nonprofit corporation shall be specified in a cooperative use agreement between the Ohio facilities construction commission and the governmental agency or nonprofit corporation. The agreement and any actions taken under it are not subject to Chapter 123. or 153. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the Revised Code, and are subject to Chapter 4115. of the Revised Code.
(E)
Except
as provided in division (H) of this section and section 123.283 of
the Revised Code, state State
funds
shall not be used to pay or reimburse more than fifteen per cent of
the initial estimated construction cost of an Ohio sports facility,
excluding any site acquisition cost, and no state funds, including
any state bond proceeds, shall be spent on any Ohio sports facility
under this chapter unless, with respect to that facility, all of the
following apply:
(1) The Ohio facilities construction commission has received a financial and development plan satisfactory to it, and provision has been made, by agreement or otherwise, satisfactory to the commission, for a contribution amounting to not less than eighty-five per cent of the total estimated construction cost of the facility, excluding any site acquisition cost, from sources other than the state.
(2) The general assembly has specifically authorized the spending of money on, or made an appropriation for, the construction of the facility, or for rental payments relating to state financing of all or a portion of the costs of constructing the facility. Authorization to spend money, or an appropriation, for planning or determining the feasibility of or need for the facility does not constitute authorization to spend money on, or an appropriation for, costs of constructing the facility.
(3) If state bond proceeds are being used for the Ohio sports facility, the state or a governmental agency owns or has sufficient property interests in the facility or in the site of the facility or in the portion or portions of the facility financed from proceeds of state bonds, which may include, but is not limited to, the right to use or to require the use of the facility for the presentation of sport and athletic events to the public at the facility.
(F) In addition to the requirements of division (E) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply:
(1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the lease shall be for a period of not less than the greater of the useful life of the portion of the facility financed from proceeds of state bonds as determined using the guidelines for maximum maturities as provided under divisions (B) and (C) of section 133.20 of the Revised Code, or the period of time remaining to the date of payment or provision for payment of outstanding state bonds allocable to costs of the facility, all as determined by the director of budget and management and certified by the executive director of the Ohio facilities construction commission and to the treasurer of state.
(2) Any motorsports organization that commits to using the facility for an established period of time shall give the political subdivision in which the facility is located not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period. Such a motorsports organization shall be liable to the state for any state funds used on the construction costs of the facility.
(G) In addition to the requirements of division (E) of this section, no state bond proceeds shall be spent on any Ohio sports facility that is a tennis facility, unless the owner or manager of the facility provides contractual commitments from a national or international professional tennis organization in a form acceptable to the Ohio facilities construction commission that assures that one or more sanctioned professional tennis events will be presented at the facility during each year that the bonds remain outstanding.
(H)
State funds may be used as a performance grant to pay or reimburse up
to twenty-five per cent of the initial estimated construction cost
for a major sports facility if all of the following criteria are met:
(1)
The major sports facility upon completion will be a part of a
transformational major sports facility mixed-use project.
(2)
The office of budget and management in consultation with the Ohio
facilities construction commission has received a financial and
development plan that satisfies the requirements of this section, and
includes a contribution amounting to not less than seventy-five per
cent of the total initial estimated construction cost of the major
sports facility, excluding any site acquisition cost, from sources
other than the state's performance grant, including a contribution
from the professional sports franchise that plans to use the
facility, or the owner or an authorized affiliate, of at least fifty
per cent of the total estimated construction cost of the major sports
facility.
(3)
The general assembly has specifically authorized, or made an
appropriation for, the performance grant to aid in the construction
of the major sports facility, provided that the grant's authorization
or appropriation does not include planning or determining the
feasibility of or need for the major sports facility as a cost of
constructing the major sports facility. The performance grant is not
subject to the review or authorization of the controlling board, and
upon the office of budget and management's receipt of the escrow
amount and of a certification of funds or other requisite proof the
supplemental reserve amount has been established in accordance with
division (H)(4) of this section, is eligible for disbursement in full
or in part, for the payment or reimbursement of construction costs
for the major sports facility, without regard to the other sources of
contribution for the costs of construction of the major sports
facility as described in division (H)(2) of this section and not on a
pro rata basis. The state shall not incur debt to fund or assist a
major sports facility receiving a performance grant under this
section.
(4)(a)
The professional sports franchise planning to use the facility, or
the owner or an authorized affiliate, has executed and filed with the
office of budget and management an escrow amount equal to eight and
one-third per cent of the total amount of the performance grant
appropriated for the project, which shall be deposited in an
interest-bearing account maintained within the state treasury,
nonrefundable disbursements from which shall be as described in
division (H)(5) of this section. Whatever remains of the amount in
escrow after the sixteen-year period, including any interest earnings
thereon, shall be returned to the professional sports franchise,
owner, or affiliate upon certification by the office of budget and
management, in consultation with the department of taxation, that the
total incremental major sports facility mixed-use project district
state tax revenues have achieved all required target amounts as
described in division (H)(5) of this section.
(b)
The professional sports franchise planning to use the facility, or
the owner or an authorized affiliate, shall establish a supplemental
reserve, which may take the form of a line of credit or other
commercially reasonable type of certifiable and available liquidity,
in an amount equal to the initial escrow account deposit required by
division (H)(4)(a) of this section. The supplemental reserve shall be
available to be drawn upon in accordance with division (H)(5)(c) of
this section. The supplemental reserve shall not be required to be
replenished if drawn upon in accordance with division (H)(5) of this
section.
(5)
The professional sports franchise planning to use the facility, or
the owner or an authorized affiliate, has entered into an agreement
with the office of budget and management that complies with this
section and specifies all of the following:
(a)
The incremental major sports facility mixed-use project district
state tax revenues meet target amounts, as determined by the office
of budget and management, in consultation with the Ohio facilities
construction commission and the department of taxation, the total
amount of which collected over a sixteen-year period equals or
exceeds the amount of the performance grant appropriated to the
project. The target amounts shall be as follows:
(i)
For the first four full calendar years beginning in the year in which
the performance grant is eligible for disbursement under an
appropriation, ten per cent of the total appropriated amount;
(ii)
For the second four-year period, twenty-six per cent of the total
appropriated amount;
(iii)
For the third four-year period, thirty-two per cent of the total
appropriated amount;
(iv)
For the fourth four-year period, thirty-two per cent of the total
appropriated amount.
(b)
Incremental major sports facility mixed-use project district state
tax revenues in excess of the target amount shall be credited towards
target amounts in future periods.
(c)
If the incremental major sports facility mixed-use project district
state tax revenues do not achieve target amounts at the end of each
four-year period as determined by the office of budget and
management, in consultation with the department of taxation, the
deficit shall be offset by any excess tax revenue credit from
previous years under division (H)(5)(b) of this section. If a deficit
remains, the office of budget and management shall take a
nonrefundable amount of money equal to the remaining deficit amount
from the escrow account described under division (H)(4) of this
section and deposit it into the general revenue fund. If a deficit
still remains, the office of budget and management shall take a
nonrefundable amount of money equal to the remaining deficit amount
for that period from the supplemental reserve established pursuant to
division (H)(4)(b) of this section, to the extent available, and
deposit the money into the general revenue fund. Beginning in the
ninth calendar year after the performance grant is eligible for
disbursement, and once annually thereafter until completion of the
sixteenth year, the professional sports franchise, or the owner or an
authorized affiliate, may request a determination by the office of
budget and management, in consultation with the department of
taxation, that the total incremental major sports facility mixed-use
project district state tax revenues equals or exceeds the amount of
the performance grant appropriated to the project. Once the total
incremental major sports facility mixed-use project district state
tax revenues equals or exceeds the amount of the performance grant
appropriated to the project, whether at the conclusion of a
designated four-year period under division (H)(5)(a) of this section
or upon an annual request under this division, the professional
sports franchise, or the owner or authorized affiliate, shall receive
the remainder of the amount in escrow, principal and interest, as
provided for under division (H)(4)(a) of this section.
(d)
If, prior to the expiration of the fourth four-year period described
in division (H)(5)(a) of this section, the owner's share of the
ownership interest in the professional sports franchise becomes less
than a controlling ownership interest, all rights, privileges,
responsibilities, and obligations of the owner provided under this
section and the agreement with the office of budget and management
shall be assigned to, and assumed by, any new owner with a
controlling ownership interest.
(e)
Establishes the metes and bounds of, including all areas within, the
proposed transformational major sports facility mixed-use project
district, which shall meet all of the following requirements:
(i)
All territory in the district is contiguous.
(ii)
The office of budget and management receives a petition, accompanied
by a description of the proposed transformational major sports
facility mixed-use project district, signed by every record owner of
a parcel of real property located in the district and the owner of
every business that operates in the district.
(iii)
A transformational major sports facility mixed-use project will be
located on territory of the proposed transformational major sports
facility mixed-use project district.
(iv)
Not more than one major sports facility mixed-use project may be
located within a transformational major sports facility mixed-use
project district.
(v)
For purposes of determining total incremental major sports facility
mixed-use project district state tax revenues, the district's
territorial boundary may not be enlarged after it is established with
the office of budget and management, which may consult with the
department of taxation, the Ohio facilities construction commission,
and any applicable county or municipal offices to ensure each
requirement in this division is met.
(f)
Every record owner of a parcel of real property located in the
proposed transformational major sports facility mixed-use project
district shall be required to comply with, and will cause every
person that enters into a lease, license, use, or operating agreement
for all or a portion of the building or facilities located in, a
transformational major sports facility mixed-use project district to
be subject to, reporting requirements as may be required by the
department of taxation, in consultation with the office of budget and
management and the Ohio facilities construction commission as
described in division (J) of this section. Such requirement may be
evidenced by an instrument that has been duly recorded in the land
records of the county.
(6)(a)
The professional sports franchise planning to use the major sports
facility shall not cease playing most of its home games at the major
sports facility and begin playing most of its home games at a
different facility located anywhere outside of the transformational
major sports facility mixed-use project district until the earlier of
one of the following dates:
(i)
The total incremental major sports facility mixed-use project
district state tax revenues equals or exceeds the amount of the
performance grant appropriated to the transformational major sports
facility mixed-use project, inclusive of any amounts drawn from the
escrow account or supplemental reserve under division (H)(4) of this
section;.
(ii)
Thirty years after the professional sports franchise plays its
initial regular season home game at the major sports facility.
(b)
This division is in addition to, independent of, and operates
concurrently with section 9.67 of the Revised Code.
(I)
Every person who owns real property located in, enters into a lease,
license, use, or operating agreement for all or a portion of the
building and facilities located in, or purchases or leases materials
and items used in construction in the territory of a transformational
major sports facility mixed-use project district is subject to
reporting requirements as may be required by the department of
taxation, in consultation with the office of budget and management
and the Ohio facilities construction commission. Compliance with
these requirements may be evidenced by an instrument that is duly
recorded with the county recorder.
(J)
Every person doing business in a transformational major sports
facility mixed-use project district shall file tax returns and make
tax payments pursuant to Chapters 5739., 5741., 5747., and 5751. of
the Revised Code using an electronic medium in a format prescribed by
the department of taxation. Persons that pay salaries and wages to
employees in the territory of a transformational major sports
facility mixed-use project district shall register for a separate
withholding account and shall remit the wages and salaries withheld
from employees for activities performed in the territory of a
transformational major sports facility mixed-use project district
separately from all income taxes withheld by such employer. In
addition, every person doing business in the territory of a
transformational major sports facility mixed-use project district
shall provide all of the following information to the department of
taxation:
(1)
For persons that collect transformational major sports facility
mixed-use project district tax revenues pursuant to Chapter 5739. of
the Revised Code, tax collections generated from construction or
transactions in the territory of a transformational major sports
facility mixed-use project district on the returns filed pursuant to
Chapter 5739. of the Revised Code as prescribed by the department of
taxation;
(2)
For persons that generate transformational major sports facility
mixed-use project district tax revenues under Chapters 5741., 5747.,
and 5751. of the Revised Code, estimated payments for corporate
income taxes generated from the transformational major sports
facility mixed-use project district and information regarding gross
revenues generated from activities in the transformational major
sports facility mixed-use project district and gross revenues from
all activities in this state;
(3)
For persons that make payments to an independent contractor
attributable to construction or transactions in the territory of a
transformational major sports facility mixed-use project district,
information regarding such payments by the thirty-first day of
January of each year in a format prescribed by the department of
taxation.;
(4)
The department of taxation may disclose taxpayer information
regarding transactions, real or personal property, income, or
business of any person to the governmental agency that owns, or holds
a sufficient ownership interest in, a major sports facility as may be
necessary for the administration of the provisions authorized by this
section.
(K)
The department of taxation shall develop forms necessary to implement
and administer this section.
Sec.
169.08. (A)
Except
as otherwise provided in division (I) of this section, the The
director
of commerce shall pay to the owner or other person who has
established the right to payment under this section, funds from the
unclaimed funds trust fund in an amount equal to the amount of
property delivered or reported to the director, or equal to the net
proceeds if the securities or other property have been sold, together
with interest earned by the state if required to be paid under
division (D) of this section. Any person claiming a property interest
in unclaimed funds delivered or reported to the state under Chapter
169. of the Revised Code, including the office of child support in
the department of job and family services, pursuant to section
3123.88 of the Revised Code, may file a claim thereto on the form
prescribed by the director.
(B)
The director shall consider matters relevant to any claim filed under
division (A) of this section and shall hold a formal hearing if
requested or considered necessary and receive evidence concerning
such claim. A finding and decision in writing on each claim filed
shall be prepared, stating the substance of any evidence received or
heard and the reasons for allowance or disallowance of the claim. The
evidence and decision shall be a public record. Except
as otherwise provided in division (I) of this section, no No
statute
of limitations shall bar the allowance of a claim.
(C) For the purpose of conducting any hearing, the director may require the attendance of such witnesses and the production of such books, records, and papers as the director desires, and the director may take the depositions of witnesses residing within or without this state in the same manner as is prescribed by law for the taking of depositions in civil actions in the court of common pleas, and for that purpose the director may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, or papers, directed to the sheriff of the county where such witness resides or is found, which shall be served and returned. The fees of the sheriff shall be the same as that allowed in the court of common pleas in criminal cases. Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised Code. Fees and mileage shall be paid from the unclaimed funds trust fund.
(D)
Except
as otherwise provided in division (I) of this section, interest
Interest
earned
by the state shall be payable to claimants of unclaimed funds held by
the state in accordance with final court orders derived from the Sogg
v. Zurz,
121 Ohio St.3d 449 (2009), line of cases and final settlement
agreement determining payment of interest on unclaimed funds. For
properties received by the state on or before July 26, 1991, interest
shall be paid at a rate of six per cent per annum from the date the
state received the property up to and including July 26, 1991. No
interest shall be payable on any properties for the period from July
27, 1991, up to and including August 2, 2000. For properties held by
the state on August 3, 2000, or after, interest shall be paid at the
applicable required rate per annum for the period held from August 3,
2000, or the date of receipt, whichever is later, up to and including
the date the claim is paid.
(E) Claims shall be paid from the trust fund. If the amount available in the trust fund is not sufficient to pay pending claims, or other amounts disbursable from the trust fund, the treasurer of state shall certify such fact to the director, who shall then withdraw such amount of funds from the mortgage accounts as the director determines necessary to reestablish the trust fund to a level required to pay anticipated claims but not more than ten per cent of the net unclaimed funds reported to date.
The director may withdraw the funds paid to the director by the holders and deposited by the director with the treasurer of state or in a financial institution as agent for such funds. Whenever these funds are inadequate to meet the requirements for the trust fund, the director shall provide for a withdrawal of funds, within a reasonable time, in such amount as is necessary to meet the requirements, from financial institutions in which such funds were retained or placed by a holder and from other holders who have retained funds, in an equitable manner as prescribed by the director. In the event that the amount to be withdrawn from any one such holder is less than five hundred dollars, the amount to be withdrawn shall be at the discretion of the director. Such funds may be reimbursed in the amounts withdrawn when the trust fund has a surplus over the amount required to pay anticipated claims. Whenever the trust fund has a surplus over the amount required to pay anticipated claims, the director may transfer such surplus to the mortgage accounts.
(F)(1) If a claim which is allowed under this section relates to funds which have been retained by the reporting holder, and if the funds, on deposit with the treasurer of state pursuant to this chapter, are insufficient to pay claims, the director may notify such holder in writing of the payment of the claim and such holder shall immediately reimburse the state in the amount of such claim. The reimbursement shall be credited to the unclaimed funds trust fund.
(2) If a claim that is allowed under this section relates to attorney unclaimed funds that have been recovered by the Ohio access to justice foundation, pursuant to division (A) of section 169.052 of the Revised Code and division (A) of this section, the director shall notify the Ohio access to justice foundation in writing of the payment of the claim and the Ohio access to justice foundation shall immediately reimburse the unclaimed funds trust fund in the amount of such claim inclusive of interest as required by division (D) of this section. The reimbursement shall be credited to the unclaimed funds trust fund.
(G) Any person, including the office of child support, adversely affected by a decision of the director may appeal such decision in the manner provided in Chapter 119. of the Revised Code.
In the event the claimant prevails, the claimant shall be reimbursed for reasonable attorney's fees and costs.
(H) Notwithstanding anything to the contrary in this chapter, any holder who has paid moneys to or entered into an agreement with the director pursuant to section 169.05 of the Revised Code on certified checks, cashiers' checks, bills of exchange, letters of credit, drafts, money orders, or travelers' checks, may make payment to any person entitled thereto, including the office of child support, and upon surrender of the document, except in the case of travelers' checks, and proof of such payment, the director shall reimburse the holder for such payment without interest.
(I)(1)
Unclaimed funds and interest earned thereon that are first reported
to the director under section 169.03 of the Revised Code on or before
January 1, 2016, are deemed abandoned and escheat to the state on
January 1, 2026, if no valid claim is filed by the owner or another
person claiming a right to payment on or before that date.
(2)
Unclaimed funds and interest first reported to the director after
January 1, 2016, are deemed abandoned and escheat to the state on the
tenth anniversary of that reporting date if no valid claim is filed
by the owner or another person claiming a right to payment on or
before the tenth anniversary of that reporting date.
(3)(a)
All property rights, legal title to, and ownership of unclaimed funds
and interest vest solely in the state on the date the unclaimed funds
and interest are deemed abandoned and escheat to the state.
(b)
Notwithstanding division (I)(3)(a) of this section, the former owner
or other person claiming a property interest in unclaimed funds that
are deemed abandoned and escheat to the state may file a claim for
payment of an equivalent amount, together with interest earned by the
state if required under division (D) of this section, at any time on
or before January 1, 2036. Upon providing sufficient proof of the
validity of the owner's or other person's claim, the director shall
pay the claim less any expenses and costs incurred by the state in
securing full title and ownership of the unclaimed funds.
(c)
If payment is made on a claim under division (I)(3)(b) of this
section, no action thereafter shall be maintained by any other
claimant against the state for or on account of the payment of the
claim.
(d)
The director shall pay claims under division (I)(3)(b) of this
section from the unclaimed funds trust fund and shall not seek
reimbursement for such claims from the Ohio cultural and sports
facility performance grant fund created under section 123.282 of the
Revised Code or deduct the amount of such claims from future
remissions to that fund required by division (I)(4) of this section.
(e)
Any claim filed after the date the unclaimed funds and interest are
deemed abandoned and escheat to the state and after January 1, 2036,
is void.
(4)
On the first days of January and July each year, beginning in 2026,
the director shall remit or cause to be remitted all unclaimed funds
and interest that are deemed abandoned and escheat to the state to
the state treasury to the credit of the Ohio cultural and sports
facility performance grant fund created under section 123.282 of the
Revised Code. The director shall notify the director of budget and
management of all funds and interest remitted under this division.
(5)
If unclaimed funds and interest that are deemed abandoned and escheat
to the state are retained or invested by a holder pursuant to an
agreement under division (A) of section 169.05 of the Revised Code,
the director shall notify the holder and the holder shall pay the
funds and interest to the director in a form and manner determined by
the director.
(6)
The director of commerce shall develop guidelines and procedures to
implement division (I) of this section including procedures
addressing both of the following:
(a)
Repayment of unclaimed funds and interest that are invested in
non-liquid assets;
(b)
Ensuring that the balance of the unclaimed funds trust fund is
sufficient to meet the state's financial obligations under this
chapter.
Sec. 323.152. In addition to the reduction in taxes required under sections 319.302 and 319.304 of the Revised Code, taxes shall be reduced as provided in divisions (A) and (B) of this section.
(A)(1)(a) Division (A)(1) of this section applies to any of the following persons:
(i) A person who is permanently and totally disabled;
(ii) A person who is sixty-five years of age or older;
(iii) A person who is the surviving spouse of a deceased person who was permanently and totally disabled or sixty-five years of age or older and who applied and qualified for a reduction in taxes under this division in the year of death, provided the surviving spouse is at least fifty-nine but not sixty-five or more years of age on the date the deceased spouse dies.
(b) Real property taxes on a homestead owned and occupied, or a homestead in a housing cooperative occupied, by a person to whom division (A)(1) of this section applies shall be reduced for each year for which an application for the reduction has been approved. The reduction shall equal one of the following amounts, as applicable to the person:
(i) If the person received a reduction under division (A)(1) of this section for tax year 2006, the greater of the reduction for that tax year or the amount computed under division (A)(1)(c) of this section;
(ii) If the person received, for any homestead, a reduction under division (A)(1) of this section for tax year 2013 or under division (A) of section 4503.065 of the Revised Code for tax year 2014 or the person is the surviving spouse of such a person and the surviving spouse is at least fifty-nine years of age on the date the deceased spouse dies, the amount computed under division (A)(1)(c) of this section.
(iii)
If the person is not described in division (A)(1)(b)(i) or (ii) of
this section and the person's total income does not exceed thirty
forty-five
thousand
dollars, as adjusted under division (A)(1)(d) of this section, the
amount computed under division (A)(1)(c) of this section.
(c) The amount of the reduction under division (A)(1)(c) of this section equals the product of the following:
(i)
Twenty-five
Fifty
thousand
dollars of the true value of the property in money, as adjusted under
division (A)(1)(d) of this section;
(ii) The assessment percentage established by the tax commissioner under division (B) of section 5715.01 of the Revised Code, not to exceed thirty-five per cent;
(iii) The effective tax rate used to calculate the taxes charged against the property for the current year, where "effective tax rate" is defined as in section 323.08 of the Revised Code;
(iv) The quantity equal to one minus the sum of the percentage reductions in taxes received by the property for the current tax year under section 319.302 of the Revised Code and division (B) of section 323.152 of the Revised Code.
(d) The tax commissioner shall adjust the total income threshold described in division (A)(1)(b)(iii) and the reduction amounts described in divisions (A)(1)(c)(i), (A)(2), and (A)(3) of this section by completing the following calculations in September of each year:
(i) Determine the percentage increase in the gross domestic product deflator determined by the bureau of economic analysis of the United States department of commerce from the first day of January of the preceding calendar year to the last day of December of the preceding calendar year;
(ii) Multiply that percentage increase by the total income threshold or reduction amount for the current tax year, as applicable;
(iii) Add the resulting product to the total income threshold or the reduction amount, as applicable, for the current tax year;
(iv) Round the resulting sum to the nearest multiple of one hundred dollars.
The commissioner shall certify the amount resulting from each adjustment to each county auditor not later than the first day of December each year. The certified total income threshold amount applies to the following tax year for persons described in division (A)(1)(b)(iii) of this section. The certified reduction amount applies to the following tax year. The commissioner shall not make the applicable adjustment in any calendar year in which the amount resulting from the adjustment would be less than the total income threshold or the reduction amount for the current tax year.
(2)(a) Real property taxes on a homestead owned and occupied, or a homestead in a housing cooperative occupied, by a disabled veteran shall be reduced for each year for which an application for the reduction has been approved. The reduction shall equal the product obtained by multiplying fifty thousand dollars of the true value of the property in money, as adjusted under division (A)(1)(d) of this section, by the amounts described in divisions (A)(1)(c)(ii) to (iv) of this section. The reduction is in lieu of any reduction under section 323.158 of the Revised Code or division (A)(1), (2)(b), or (3) of this section. The reduction applies to only one homestead owned and occupied by a disabled veteran.
(b) Real property taxes on a homestead owned and occupied, or a homestead in a housing cooperative occupied, by the surviving spouse of a disabled veteran shall be reduced for each year an application for exemption is approved. The reduction shall equal to the amount of the reduction authorized under division (A)(2)(a) of this section.
The reduction is in lieu of any reduction under section 323.158 of the Revised Code or division (A)(1), (2)(a), or (3) of this section. The reduction applies to only one homestead owned and occupied by the surviving spouse of a disabled veteran. A homestead qualifies for a reduction in taxes under division (A)(2)(b) of this section beginning in one of the following tax years:
(i) For a surviving spouse described in division (L)(1) of section 323.151 of the Revised Code, the year the disabled veteran dies;
(ii) For a surviving spouse described in division (L)(2) of section 323.151 of the Revised Code, the first year on the first day of January of which the total disability rating described in division (F) of that section has been received for the deceased spouse.
In either case, the reduction shall continue through the tax year in which the surviving spouse dies or remarries.
(3) Real property taxes on a homestead owned and occupied, or a homestead in a housing cooperative occupied, by the surviving spouse of a public service officer killed in the line of duty shall be reduced for each year for which an application for the reduction has been approved. The reduction shall equal the product obtained by multiplying fifty thousand dollars of the true value of the property in money, as adjusted under division (A)(1)(d) of this section, by the amounts described in divisions (A)(1)(c)(ii) to (iv) of this section. The reduction is in lieu of any reduction under section 323.158 of the Revised Code or division (A)(1) or (2) of this section. The reduction applies to only one homestead owned and occupied by such a surviving spouse. A homestead qualifies for a reduction in taxes under division (A)(3) of this section for the tax year in which the public service officer dies through the tax year in which the surviving spouse dies or remarries.
(B)(1) As used in division (B) of this section, "qualifying levy" has the same meaning as in section 319.302 of the Revised Code.
(2) To provide a partial exemption, real property taxes on any homestead, and manufactured home taxes on any manufactured or mobile home on which a manufactured home tax is assessed pursuant to division (D)(2) of section 4503.06 of the Revised Code, shall be reduced for each year for which an application for the reduction has been approved. The amount of the reduction shall equal one of the following percentages of the amount of taxes to be levied by qualifying levies on the homestead or the manufactured or mobile home after applying section 319.301 of the Revised Code:
(a) For the first tax year to which this amendment applies, 5.70%;
(b) For the following tax year, 8.92%;
(c) For the second following tax year, 12.15%;
(d) For the third following tax year and every year thereafter, 15.38%.
(3) A board of county commissioners, by resolution, may authorize a partial exemption from the real property taxes or manufactured home taxes on any property or manufactured or mobile home that receives the partial exemption under division (B)(2) of this section. The resolution shall specify the amount of the partial exemption, which may equal up to two and one-half per cent of the amount of taxes to be levied by qualifying levies on the property or home after applying section 319.301 of the Revised Code. The partial exemption shall be applied concurrently with the partial exemption under division (B)(2) of this section, and no application shall be required under section 323.153 of the Revised Code to obtain the partial exemption authorized pursuant to this section.
The board shall certify a copy of the resolution, or a copy of any resolution repealing or modifying the partial exemption's authorization, to the county auditor and tax commissioner within thirty days after its adoption. If the resolution is adopted on or before the first day of July of a tax year, the partial exemption shall first apply or cease to apply, in the case of real property taxes, to that tax year or, in the case of manufactured home taxes, the following tax year. If the resolution is adopted after the first day of July of a tax year, the partial exemption shall first apply or cease to apply, in the case of real property taxes, to the following tax year or, in the case of manufactured home taxes, the second succeeding tax year.
(C) The reductions granted by this section do not apply to special assessments or respread of assessments levied against the homestead, and if there is a transfer of ownership subsequent to the filing of an application for a reduction in taxes, such reductions are not forfeited for such year by virtue of such transfer.
(D) The reductions in taxable value referred to in this section shall be applied solely as a factor for the purpose of computing the reduction of taxes under this section and shall not affect the total value of property in any subdivision or taxing district as listed and assessed for taxation on the tax lists and duplicates, or any direct or indirect limitations on indebtedness of a subdivision or taxing district. If after application of sections 5705.31 and 5705.32 of the Revised Code, including the allocation of all levies within the ten-mill limitation to debt charges to the extent therein provided, there would be insufficient funds for payment of debt charges not provided for by levies in excess of the ten-mill limitation, the reduction of taxes provided for in sections 323.151 to 323.159 of the Revised Code shall be proportionately adjusted to the extent necessary to provide such funds from levies within the ten-mill limitation.
(E) No reduction shall be made on the taxes due on the homestead of any person convicted of violating division (D) or (E) of section 323.153 of the Revised Code for a period of three years following the conviction.
Sec. 718.13. (A) Any information gained as a result of returns, investigations, hearings, or verifications required or authorized by this chapter or by a charter or ordinance of a municipal corporation levying an income tax pursuant to this chapter is confidential and not a public record under section 149.43 of the Revised Code, and no person shall access or disclose such information except in accordance with a proper judicial order or in connection with the performance of that person's official duties or the official business of the municipal corporation as authorized by this chapter or the charter or ordinance authorizing the levy. The tax administrator of the municipal corporation or a designee thereof may furnish copies of returns filed or otherwise received under this chapter and other related tax information to the internal revenue service, the tax commissioner, and tax administrators of other municipal corporations.
(B) This section does not prohibit a municipal corporation from publishing or disclosing statistics in a form that does not disclose information with respect to particular taxpayers.
(C)
A municipal corporation may provide tax information related to
municipal income tax revenues derived from a transformational major
sports facility mixed-use project district, as authorized under
section 123.281 of the Revised Code, to the department of taxation
and the fiscal officer of a governmental agency, as defined in
division (F) of section 123.28 of the Revised Code, that owns, or
holds a sufficient ownership in, a major sports facility located
within the territorial boundaries of a transformational major sports
facility mixed-use project district.
Sec. 4503.065. (A)(1) Division (A) of this section applies to any of the following persons:
(a) An individual who is permanently and totally disabled;
(b) An individual who is sixty-five years of age or older;
(c) An individual who is the surviving spouse of a deceased person who was permanently and totally disabled or sixty-five years of age or older and who applied and qualified for a reduction in assessable value under this section in the year of death, provided the surviving spouse is at least fifty-nine but not sixty-five or more years of age on the date the deceased spouse dies.
(2) The manufactured home tax on a manufactured or mobile home that is paid pursuant to division (C) of section 4503.06 of the Revised Code and that is owned and occupied as a home by an individual whose domicile is in this state and to whom this section applies, shall be reduced for any tax year for which an application for such reduction has been approved, provided the individual did not acquire ownership from a person, other than the individual's spouse, related by consanguinity or affinity for the purpose of qualifying for the reduction. An owner includes a settlor of a revocable or irrevocable inter vivos trust holding the title to a manufactured or mobile home occupied by the settlor as of right under the trust.
(a) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(2) of that section, the reduction shall equal one of the following amounts, as applicable to the person:
(i) If the person received a reduction under this section for tax year 2007, the greater of the reduction for that tax year or the amount computed under division (A)(2)(b) of this section;
(ii) If the person received, for any homestead, a reduction under division (A) of this section for tax year 2014 or under division (A)(1) of section 323.152 of the Revised Code for tax year 2013 or the person is the surviving spouse of such a person and the surviving spouse is at least fifty-nine years of age on the date the deceased spouse dies, the amount computed under division (A)(2)(b) of this section.
(iii)
If the person is not described in division (A)(2)(a)(i) or (ii) of
this section and the person's total income does not exceed thirty
forty-five
thousand
dollars, as adjusted under division (A)(2)(e) of this section, the
amount computed under division (A)(2)(b) of this section.
(b) The amount of the reduction under division (A)(2)(b) of this section equals the product of the following:
(i)
Twenty-five
Fifty
thousand
dollars of the true value of the property in money, as adjusted under
division (A)(2)(e) of this section;
(ii) The assessment percentage established by the tax commissioner under division (B) of section 5715.01 of the Revised Code, not to exceed thirty-five per cent;
(iii) The effective tax rate used to calculate the taxes charged against the property for the current year, where "effective tax rate" is defined as in section 323.08 of the Revised Code;
(iv) The quantity equal to one minus the sum of the percentage reductions in taxes received by the property for the current tax year under section 319.302 of the Revised Code and division (B) of section 323.152 of the Revised Code.
(c) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(1) of that section, the reduction shall equal one of the following amounts, as applicable to the person:
(i) If the person received a reduction under this section for tax year 2007, the greater of the reduction for that tax year or the amount computed under division (A)(2)(d) of this section;
(ii) If the person received, for any homestead, a reduction under division (A) of this section for tax year 2014 or under division (A)(1) of section 323.152 of the Revised Code for tax year 2013 or the person is the surviving spouse of such a person and the surviving spouse is at least fifty-nine years of age on the date the deceased spouse dies, the amount computed under division (A)(2)(d) of this section.
(iii)
If the person is not described in division (A)(2)(c)(i) or (ii) of
this section and the person's total income does not exceed thirty
forty-five
thousand
dollars, as adjusted under division (A)(2)(e) of this section, the
amount computed under division (A)(2)(d) of this section.
(d) The amount of the reduction under division (A)(2)(d) of this section equals the product of the following:
(i)
Twenty-five
Fifty
thousand
dollars of the cost to the owner, or the market value at the time of
purchase, whichever is greater, as those terms are used in division
(D)(1) of section 4503.06 of the Revised Code, and as adjusted under
division (A)(2)(e) of this section;
(ii) The percentage from the appropriate schedule in division (D)(1)(b) of section 4503.06 of the Revised Code;
(iii) The assessment percentage of forty per cent used in division (D)(1)(b) of section 4503.06 of the Revised Code;
(iv) The tax rate of the taxing district in which the home has its situs.
(e) The tax commissioner shall adjust the income threshold described in divisions (A)(2)(a)(iii) and (A)(2)(c)(iii) and the reduction amounts described in divisions (A)(2)(b)(i), (A)(2)(d)(i), (B)(1), (B)(2), (C)(1), and (C)(2) of this section by completing the following calculations in September of each year:
(i) Determine the percentage increase in the gross domestic product deflator determined by the bureau of economic analysis of the United States department of commerce from the first day of January of the preceding calendar year to the last day of December of the preceding calendar year;
(ii) Multiply that percentage increase by the total income threshold or reduction amount for the ensuing tax year, as applicable;
(iii) Add the resulting product to the total income threshold or reduction amount, as applicable for the ensuing tax year;
(iv) Round the resulting sum to the nearest multiple of one hundred dollars.
The commissioner shall certify the amount resulting from each adjustment to each county auditor not later than the first day of December each year. The certified amount applies to the second ensuing tax year. The commissioner shall not make the applicable adjustment in any calendar year in which the amount resulting from the adjustment would be less than the total income threshold or the reduction amount for the ensuing tax year.
(B)(1) The manufactured home tax levied pursuant to division (C) of section 4503.06 of the Revised Code on a manufactured or mobile home that is owned and occupied by a disabled veteran shall be reduced for any tax year for which an application for such reduction has been approved, provided the disabled veteran did not acquire ownership from a person, other than the disabled veteran's spouse, related by consanguinity or affinity for the purpose of qualifying for the reduction. An owner includes an owner within the meaning of division (A)(2) of this section.
(a) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(2) of that section, the reduction shall equal the product obtained by multiplying fifty thousand dollars of the true value of the property in money, as adjusted under division (A)(2)(e) of this section, by the amounts described in divisions (A)(2)(b)(ii) to (iv) of this section.
(b) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(1) of that section, the reduction shall equal the product obtained by multiplying fifty thousand dollars of the cost to the owner, or the market value at the time of purchase, whichever is greater, as those terms are used in division (D)(1) of section 4503.06 of the Revised Code, as adjusted under division (A)(2)(e) of this section, by the amounts described in divisions (A)(2)(d)(ii) to (iv) of this section.
The reduction is in lieu of any reduction under section 4503.0610 of the Revised Code or division (A), (B)(2), or (C) of this section. The reduction applies to only one manufactured or mobile home owned and occupied by a disabled veteran.
(2) The manufactured home tax levied pursuant to division (C) of section 4503.06 of the Revised Code on a manufactured or mobile home that is owned and occupied by the surviving spouse of a disabled veteran shall be reduced for each tax year for which an application for such reduction has been approved. The reduction shall equal the amount of the reduction authorized under division (B)(1)(a) or (b) of this section, as applicable. An owner includes an owner within the meaning of division (A)(2) of this section.
The reduction is in lieu of any reduction under section 4503.0610 of the Revised Code or division (A), (B)(1), or (C) of this section. The reduction applies to only one manufactured or mobile home owned and occupied by the surviving spouse of a disabled veteran. A manufactured or mobile home qualifies for a reduction in taxes under division (B)(2) of this section beginning in one of the following tax years:
(a) For a surviving spouse described in division (H)(1) of section 4503.064 of the Revised Code, the year the disabled veteran dies;
(b) For a surviving spouse described in division (H)(2) of section 4503.064 of the Revised Code, the first year on the first day of January of which the total disability rating described in division (F) of section 323.151 of the Revised Code has been received for the deceased spouse.
In either case, the reduction shall continue through the tax year in which the surviving spouse dies or remarries.
(C) The manufactured home tax levied pursuant to division (C) of section 4503.06 of the Revised Code on a manufactured or mobile home that is owned and occupied by the surviving spouse of a public service officer killed in the line of duty shall be reduced for any tax year for which an application for such reduction has been approved, provided the surviving spouse did not acquire ownership from a person, other than the surviving spouse's deceased public service officer spouse, related by consanguinity or affinity for the purpose of qualifying for the reduction. An owner includes an owner within the meaning of division (A)(2) of this section.
(1) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(2) of that section, the reduction shall equal the product obtained by multiplying fifty thousand dollars of the true value of the property in money, as adjusted under division (A)(2)(e) of this section, by the amounts described in divisions (A)(2)(b)(ii) to (iv) of this section.
(2) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(1) of that section, the reduction shall equal the product obtained by multiplying fifty thousand dollars of the cost to the owner, or the market value at the time of purchase, whichever is greater, as those terms are used in division (D)(1) of section 4503.06 of the Revised Code, as adjusted under division (A)(2)(e) of this section, by the amounts described in divisions (A)(2)(d)(ii) to (iv) of this section.
The reduction is in lieu of any reduction under section 4503.0610 of the Revised Code or division (A) or (B) of this section. The reduction applies to only one manufactured or mobile home owned and occupied by such a surviving spouse. A manufactured or mobile home qualifies for a reduction in taxes under this division for the tax year in which the public service officer dies through the tax year in which the surviving spouse dies or remarries.
(D) If the owner or the spouse of the owner of a manufactured or mobile home is eligible for a homestead exemption on the land upon which the home is located, the reduction to which the owner or spouse is entitled under this section shall not exceed the difference between the reduction to which the owner or spouse is entitled under division (A), (B), or (C) of this section and the amount of the reduction under the homestead exemption.
(E) No reduction shall be made with respect to the home of any person convicted of violating division (C) or (D) of section 4503.066 of the Revised Code for a period of three years following the conviction.
Sec. 5735.50. (A) As used in this section:
(1) "Federal motor fuel tax" means the tax levied under section 4081 of the Internal Revenue Code on gasoline other than aviation gasoline or diesel fuel, as those terms are defined in section 4083 of the Internal Revenue Code.
(2) "State motor fuel tax" means the tax levied under section 5735.05 of the Revised Code on gasoline or diesel fuel.
(3)
"Rate
of federal motor fuel tax" means the rate of federal
motor fuel tax
levied under
section 4081 of the Internal Revenue Code on
one gallon of gasoline other than aviation gasoline or one gallon of
diesel fuel,
as those terms are defined in section 4083 of the Internal Revenue
Code.
(2)(4)
"Rate of state motor fuel tax" means the rate of state
motor fuel tax
levied
under section 5735.05 of the Revised Code on
one gallon of gasoline or one gallon of diesel fuel.
(3)(5)
"Adjustment date" means a date on which a change in the
rate of federal or state motor fuel tax takes effect or, if such a
change occurs within six months after an adjustment date, the first
day of the seventh month following that adjustment date.
(4)(6)
"Fuel tax notice" means a notice described in division
(B)(1) of this section.
(5)(7)
"Retail pump" means a pump situated at a retail service
station through which gasoline or diesel fuel is pumped directly into
motor vehicle fuel tanks for consumption.
(6)(8)
"Municipal sealer" means a sealer of weights and measures
appointed under section 733.63 of the Revised Code.
(B)(1) The director of agriculture shall, within ninety days after an adjustment date, design and cause to be produced a notice that displays, in readable font, the following information, which the director may obtain in consultation with the tax commissioner:
(a) The rate of federal and state motor fuel tax as of the adjustment date. The information required by division (B)(1)(a) of this section shall be categorized and arranged on the notice as such information is categorized and arranged on the following table:
|
1 |
2 |
3 |
A |
|
GASOLINE |
DIESEL FUEL |
B |
FEDERAL TAX |
[Rate of federal motor fuel tax on gasoline other than aviation gasoline] |
[Rate of federal motor fuel tax on diesel fuel] |
C |
STATE TAX |
[Rate of state motor fuel tax on gasoline] |
[Rate of state motor fuel tax on diesel fuel] |
D |
TOTAL TAX |
[sum of the rate of federal motor fuel tax on gasoline other than aviation gasoline plus the rate of state motor fuel tax on gasoline] |
[sum of the rate of motor fuel tax on diesel fuel plus the rate of state motor fuel tax on diesel fuel] |
Each of the three columns in the table described in division (B)(1)(a) of this section shall be separated by a vertical line and each of the four rows shall be separated by a horizontal line. The table shall be enclosed within lines forming a box such that "federal tax," "state tax," "total tax," and the corresponding gasoline and diesel rates appear as individual cells within a grid pattern.
(b) A representation of the great seal of the state as described in section 5.10 of the Revised Code without regard to the minimum dimensions prescribed by that section;
(c) At the bottom of the notice and in a font smaller than that used to display the information described in division (B)(1)(a) of this section, a statement that reads as follows: "THIS NOTICE IS REQUIRED BY THE OHIO FUEL TAX TRANSPARENCY ACT, O.R.C. 5735.50."
(2) A fuel tax notice shall not display any information other than the information required under divisions (B)(1)(a) to (c) of this section, and shall not display the name of any public official, state employee, or state agency. No color shall be displayed on the notice other than red, white, or blue. The width and length of a fuel tax notice shall not be less than four inches and shall not exceed four and one-half inches.
(3) The director shall, within ninety days after an adjustment date, distribute fuel tax notices to each county auditor or municipal sealer in the number requested by the auditor or sealer under division (C)(1) of this section. The director shall not charge a county auditor, municipal sealer, or any person for the creation or delivery of a fuel tax notice under this section.
(C)(1) Within fifteen days after an adjustment date, the director of agriculture shall notify each county auditor and municipal sealer that the director is designing and causing to be produced fuel tax notices as required under division (B)(1) of this section. Within fifteen days after receipt of such a notice, a county auditor or municipal sealer shall notify the director of the number of fuel tax notices the auditor or sealer requires to perform the auditor's or sealer's duties under division (C)(2) of this section.
(2) Except as otherwise provided in division (C)(3) of this section, each county auditor or municipal sealer or an employee thereof shall affix fuel tax notices received from the director of agriculture on each retail pump the auditor or sealer is required to inspect under the authority of section 1327.52 of the Revised Code. Each notice shall be affixed on or before the earlier of fourteen months following the most recent adjustment date or the date the auditor or sealer or an employee thereof arrives on the premises of a retail service station for the purposes of carrying out a required inspection or other official business, including the performance of the auditor's or sealer's duties under section 1327.52 of the Revised Code. A fuel tax notice shall be displayed in a clear and prominent manner and shall be affixed on each face of a retail pump on which a meter measuring the volume of gasoline or diesel fuel dispensed is located. A notice shall not be affixed in a manner that obstructs or obscures any other notice or sticker required to be displayed pursuant to federal, state, or local law. A county auditor or municipal sealer or employee thereof shall replace any fuel tax notice that is no longer readable or is no longer affixed as required under division (C)(2) of this section or that has been affixed on a retail pump for more than three consecutive years.
(3) In lieu of fuel tax notices being affixed on each retail pump as required by division (C)(2) of this section, the owner or operator of a retail service station may provide the information required to be displayed on the notice by any of the following means:
(a) Displaying video messages via video displays visible to users of the retail pump;
(b) Printing the information on customer receipts;
(c) Posting the information conspicuously at the public entrance to the premises of the service station.
(D) A county auditor or municipal sealer may notify the director of agriculture at any time if the auditor or sealer requires additional fuel tax notices to perform the auditor's or sealer's duties under this section. Upon receiving such a request, the director shall distribute the number of fuel tax notices so requested to the auditor or sealer.
(E) Nothing in this section makes the owner or operator of a retail service station liable for affixing or maintaining a fuel tax notice.
(F) Notwithstanding division (A) of section 5735.10 of the Revised Code and in addition to the requirements of divisions (B) and (C) of this section, the owner or operator of a retail service station shall, upon request, provide a receipt to a consumer who purchases motor fuel at the retail service station. Each receipt shall separately list all of the following information, with all monetary amounts rounded to the nearest one cent:
(1) The number of gallons of motor fuel purchased and the amount charged per gallon before any federal or state motor fuel taxes apply;
(2) The product obtained by multiplying the number of gallons purchased by the rate of federal motor fuel tax that applied on the date of the sale;
(3) The product obtained by multiplying the number of gallons purchased by the rate of state motor fuel tax that applied on the date of the sale;
(4) The total amount charged for the purchase of the motor fuel, including all federal and state motor fuel taxes.
Sec. 5735.99. (A) Whoever violates division (F) of section 5735.02, division (D) of section 5735.021, division (B) of section 5735.063, division (B) of section 5735.064, or division (A)(2) of section 5735.20 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates division (C) of section 5735.06 of the Revised Code is guilty of a felony of the fourth degree.
(C) Whoever violates section 5735.025 or division (A)(1) of section 5735.20 of the Revised Code is guilty of a misdemeanor of the first degree, if the tax owed or the fraudulent refund received is not greater than five hundred dollars. If the tax owed or the fraudulent refund received is greater than five hundred dollars but not greater than ten thousand dollars, the offender is guilty of a felony of the fourth degree; for each subsequent offense when the tax owed or the fraudulent refund received is greater than five hundred dollars but not greater than ten thousand dollars, the offender is guilty of a felony of the third degree. If the tax owed or the fraudulent refund received is greater than ten thousand dollars, the offender is guilty of a felony of the second degree.
(D) Whoever violates a provision of this chapter, except division (F) of section 5735.50 of the Revised Code, for which a penalty is not otherwise prescribed under this section is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates division (D)(5) of section 5735.19 of the Revised Code is guilty of a misdemeanor of the first degree.
Section 2. That existing sections 122.09, 123.28, 123.281, 169.08, 323.152, 718.13, 4503.065, 5735.50, and 5735.99 of the Revised Code are hereby repealed.
Section 3. That sections 123.282, 123.283, and 169.081 of the Revised Code are hereby repealed.
Section 4. All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all operating appropriations made in this act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal year 2027. The operating appropriations made in this act are in addition to any other operating appropriations made for these fiscal years.
Section 5.
|
1 |
2 |
3 |
4 |
5 |
A |
OBM OFFICE OF BUDGET AND MANAGEMENT |
||||
B |
Dedicated Purpose Fund Group |
||||
C |
5EF1 |
042436 |
Ohio Direct Rebate |
$0 |
$665,000,000 |
D |
Dedicated Purpose Fund Group Total |
$0 |
$665,000,000 |
||
E |
TOTAL ALL BUDGET FUND GROUPS |
$0 |
$665,000,000 |
||
OHIO DIRECT REBATE
The foregoing appropriation item 042436, Ohio Direct Rebate, shall be used by the Director of Budget and Management to issue payments to electric distribution utilities in order to compensate them for issuing $150 credits to every residential customer of each electric distribution utility as authorized in Section 11 of this act. If it is determined by the Director of Budget and Management that additional amounts are necessary to make the payments required by this section, the amounts are hereby appropriated.
Notwithstanding division (A) of section 169.05 of the Revised Code, on the effective date of this section or as soon as possible thereafter, and upon the request of the Director of Budget and Management, the Director of Commerce shall transfer to the Ohio Direct Rebate Fund, which is hereby created in the state treasury, $275,000,000 of unclaimed funds that have been reported by holders of unclaimed funds under section 169.05 of the Revised Code, irrespective of the allocation of the unclaimed funds under that section.
On the effective date of this section or as soon as possible thereafter, the Director of Budget and Management shall transfer $390,000,000 cash from the General Revenue Fund to the Ohio Direct Rebate Fund (Fund 5EF1).
Section 6.
|
1 |
2 |
3 |
4 |
5 |
A |
TAX DEPARTMENT OF TAXATION |
||||
B |
General Revenue Fund |
||||
C |
GRF |
110414 |
Gas Station Payments |
$0 |
$1,000,000 |
D |
General Revenue Fund Total |
$0 |
$1,000,000 |
||
E |
Dedicated Purpose Fund Group |
||||
F |
5EG1 |
110664 |
Tax Relief Hold Harmless |
$0 |
$725,000,000 |
G |
Dedicated Purpose Fund Group Total |
$0 |
$725,000,000 |
||
H |
TOTAL ALL BUDGET FUND GROUPS |
$0 |
$726,000,000 |
||
GAS STATION PAYMENTS
The foregoing appropriation item 110414, Gas Station Payments, shall be used by the Department of Taxation to make payments of $125 for each retail service station in this state of a licensed retail dealer, as those terms are defined in section 5735.01 of the Revised Code. A licensed retail dealer shall submit a request for payment under this section from the Department, on a form prescribed by the Department, on or before December 1, 2026. Any appropriation remaining after all payments have been made may be used by the Department of Taxation for administration of the tax levied under section 5735.05 of the Revised Code.
TAX RELIEF HOLD HARMLESS
The foregoing appropriation item 110664, Tax Relief Hold Harmless, shall be treated as revenue arising from taxes imposed under section 5728.06 or 5735.05 of the Revised Code during the temporary reduction period established in Section 10 of this act due to the reduction authorized in that section. The appropriation shall be used to disburse cash to the funds specified in Chapter 5728. or 5735. of the Revised Code to reimburse the funds and disbursements in those chapters for forgone revenue resulting from the temporary reduction period authorized in Section 10 of this act.
Section 7.
|
1 |
2 |
3 |
4 |
5 |
A |
RDF STATE REVENUE DISTRIBUTIONS |
||||
B |
General Revenue Fund |
||||
C |
GRF |
110908 |
Property Tax Reimbursement - Local Government |
$0 |
$40,000,000 |
D |
GRF |
200903 |
Property Tax Reimbursement - Education |
$0 |
$74,000,000 |
E |
General Revenue Fund Total |
$0 |
$114,000,000 |
||
F |
TOTAL ALL BUDGET FUND GROUPS |
$0 |
$114,000,000 |
||
Section 8. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the manner in which appropriation accounts shall be maintained. Expenditures from operating appropriations contained in this act shall be accounted for as though made in, and are subject to all applicable provisions of, H.B. 96 of the 136th General Assembly.
Section 9. That Section 229.40 of H.B. 96 of the 136th General Assembly (as amended by H.B. 434 of the 136th General Assembly) is hereby repealed.
Section 10. (A) Terms used in this section have the same meaning as in section 5735.01 of the Revised Code. As used in this section, "temporary reduction period" means the period beginning at 12:01 a.m. on the third day after the effective date of this section and ending at 11:59 p.m. on the date that is ninety-three days after the effective date of this section.
(B) Notwithstanding section 5735.05 of the Revised Code, the rates of tax imposed by division (E) of that section on each gallon of gasoline and diesel fuel shall be one-hundredth of one cent during the temporary reduction period.
Notwithstanding section 5735.50 of the Revised Code, the Director of Agriculture shall not produce and distribute fuel tax notices reflecting the rates imposed by this section during the temporary reduction period.
(C) A licensed retail dealer shall apply to the Tax Commissioner for payment under this section. The payment shall equal, for each gallon of gasoline or diesel fuel that the licensed retail dealer has in its possession at the beginning of the temporary reduction period or that the dealer receives after that time and that the dealer sells at retail during the temporary reduction period, the difference, if any, between the amount of tax that was paid or required to be paid by a licensed motor fuel dealer on that gallon of gasoline or diesel fuel, as applicable, under section 5735.05 of the Revised Code and one-hundredth of one cent. The licensed retail dealer shall apply for the payment on or before February 1, 2027. The Commissioner shall prescribe the form of the application and shall review each application. If a payment is approved, the Commissioner shall, within thirty days after receipt of the application, certify the amount to the Director of Budget and Management and Treasurer of State for payment from the Tax Refund Fund created by section 5703.052 of the Revised Code. The payment shall be treated for all purposes as a refund of the tax levied under section 5735.05 of the Revised Code. A licensed retail dealer may submit more than one application under this division, provided that the same gallons of gasoline or diesel fuel are not included on more than one application.
(D)(1) For the same purposes described in section 5735.05 of the Revised Code, a motor fuel excise tax is levied on licensed retail dealers, measured by gallons, upon the gasoline or diesel fuel that the dealer sells at retail after the end of the temporary reduction period and that has been taxed at the rate prescribed in division (B) of this section. On or before March 1, 2027, each licensed retail dealer of motor fuel shall remit the tax to the Tax Commissioner, which shall equal the sum of the following:
(a) The product obtained by multiplying thirty-eight and forty-nine hundredths cents by the number of gallons of such gasoline.
(b) The product obtained by multiplying forty-six and ninety-nine hundredths cents by the number of gallons of such diesel fuel.
The Commissioner shall prescribe a form for remission of the payment.
(2) Any licensed retail dealer who fails to remit a payment as required under this division shall forfeit and pay into the state treasury a late charge equal to fifty dollars or ten per cent of the payment due, whichever is greater.
(3) Unpaid payments and late charges may be collected by assessment in the same manner prescribed under section 5735.12 of the Revised Code.
(4) All amounts collected under this section shall be considered revenue arising from the tax imposed by section 5735.05 of the Revised Code.
(E)(1) No licensed retail dealer or licensed motor fuel dealer shall sell any motor fuel during the temporary reduction period without passing the full benefit of the reduced rate of tax effective during that period onto the consumer or other purchaser.
(2) Both of the following have a cause of action against a licensed retail dealer or licensed motor fuel dealer for a violation of division (E)(1) of this section:
(a) The Attorney General if, by the Attorney General's own inquiries or as a result of complaints, the Attorney General has reasonable cause to believe that a violation of division (E)(1) of this section occurred;
(b) Any person harmed by an alleged violation of division (E)(1) of this section.
(3) All of the following apply to a cause of action under division (E)(2) of this section:
(a) The Attorney General or the person harmed by the alleged violation may bring a class action under Civil Rule 23.
(b) The courts of common pleas, and municipal or county courts within their respective monetary jurisdictions, have jurisdiction over the cause of action.
(c) There is a rebuttable presumption that a violation of division (E)(1) of this section has been committed if the net profit on the sale of motor fuel from a licensed retail dealer or licensed motor fuel dealer is more during the temporary reduction period than it was during any of the three months prior to the holiday.
(4)(a) Whoever violates division (E)(1) of this section is subject to a civil penalty that is triple the amount of improper benefit or fifty cents per impacted gallon of motor fuel, whichever is greater, plus attorney fees and costs.
(b) Civil penalties ordered pursuant to division (E)(4)(a) of this section in an action brought by the Attorney General shall be paid as follows: One-fourth of the amount to the treasurer of the county in which the action is brought and three-fourths to the Consumer Protection Enforcement Fund created by section 1345.51 of the Revised Code.
(5) No action for a violation of division (E)(1) of this section may be brought more than two years after the occurrence of the violation that is the subject of suit.
(6) Any county auditor or any municipal sealer, as defined in section 5735.50 of the Revised Code, is authorized to gather information related to the enforcement of division (E)(1) of this section in performance of the auditor's or sealer's duties under section 1327.52 of the Revised Code.
(F) Notwithstanding any other provision to the contrary, the Tax Commissioner may delay by up to ten business days, as defined in section 122.84 of the Revised Code, the distribution of taxes levied under sections 5728.06 and 5735.05 of the Revised Code required to be made in December 2026.
(G) Notwithstanding division (A) of section 169.05 of the Revised Code, on the effective date of this section or as soon as possible thereafter, and upon the request of the Director of Budget and Management, the Director of Commerce shall transfer to the Tax Relief Hold Harmless Fund, which is hereby created in the state treasury, $725,000,000 of unclaimed funds that have been reported by holders of unclaimed funds under section 169.05 of the Revised Code, irrespective of the allocation of the unclaimed funds under that section. Money transferred to the Tax Relief Hold Harmless Fund shall be considered revenue from the tax imposed under section 5728.06 or 5735.05 of the Revised Code, except that the revenue shall be transferred and disbursed as necessary by the Director of Budget and Management, in consultation with the Tax Commissioner, in accordance with Chapters 5728. and 5735. of the Revised Code to reimburse the funds and disbursements in those chapters for forgone revenue resulting from the temporary reduction period.
Section 11. (A) As used in this section, "electric distribution utility" has the same meaning as in section 4928.01 of the Revised Code.
(B) Disbursements from the Ohio Direct Rebate Fund shall be made to each electric distribution utility, at the direction of the Public Utilities Commission, to pay for bill credit amounts applied to residential customer electricity bills under division (C) of this section. The Commission shall direct the Director of Budget and Management to disburse money from the Ohio Direct Rebate Fund to each electric distribution utility to pay all costs of applying the bill credit amounts to residential customer electric bills under division (C) this section.
(C) Each electric distribution utility shall apply a bill credit that equals one hundred fifty dollars to the first electricity bill issued after the effective date of this section to each of its residential customers in this state. Any unused bill credit amount must carry forward on subsequent electricity bills until the entire one hundred fifty dollar credit amount has been applied.
Section 12. It is the intent of the General Assembly that, if there are insufficient funds available to pay unclaimed funds claims pursuant to section 169.08 of the Revised Code due to transfers made from the Unclaimed Funds Trust Fund, the General Assembly will provide funds to pay the unclaimed funds claims.
Section 13. The amendment by this act of section 5735.50 of the Revised Code applies beginning on and after the seventh day after the effective day of this section.
The amendment by this act of sections 323.152 and 4503.065 of the Revised Code applies, in the case of property on the real property tax list, to tax years ending on or after the effective date of this section and, in the case of property on the manufactured home tax list, to tax years beginning on or after the effective date of this section.
Section 14. 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 is to protect Ohio families from increasing costs caused by the President of the United States instigating and failing to end the War in Iran, which is directly driving up oil and gas prices and straining Ohio's economy as a whole. Therefore, this act shall go into immediate effect.