2006 Ohio Revised Code - 5735.23. Crediting of receipts; state and local government highway distribution fund.

§ 5735.23. Crediting of receipts; state and local government highway distribution fund.
 

(A)  Out of receipts from the tax levied by section 5735.05 of the Revised Code, the treasurer of state shall place to the credit of the tax refund fund established by section 5703.052 [5703.05.2] of the Revised Code amounts equal to the refunds certified by the tax commissioner pursuant to sections 5735.13, 5735.14, 5735.141 [5735.14.1], 5735.142 [5735.14.2], and 5735.16 of the Revised Code. The treasurer of state shall then transfer the amount required by section 5735.051 [5735.05.1] of the Revised Code to the waterways safety fund , the amount required by section 4907.472 [4907.47.2] of the Revised Code to the grade crossing protection fund, and the amount required by section 5735.053 [5735.05.3] of the Revised Code to the motor fuel tax administration fund. 

(B)  Except as provided in division (D) of this section, each month the balance of the receipts from the tax levied by section 5735.05 of the Revised Code shall be credited, after receipt by the treasurer of state of certification from the commissioners of the sinking fund, as required by section 5528.35 of the Revised Code, that there are sufficient moneys to the credit of the highway obligations bond retirement fund to meet in full all payments of interest, principal, and charges for the retirement of highway obligations issued pursuant to Section 2i of Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised Code due and payable during the current calendar year, as follows: 

(1) To the state and local government highway distribution fund, which is hereby created in the state treasury, an amount that is the same percentage of the balance to be credited as that portion of the tax per gallon determined under division (B)(2)(a) of section 5735.06 of the Revised Code is of the total tax per gallon determined under divisions (B)(2)(a) and (b) of that section. 

(2) After making the distribution to the state and local government highway distribution fund, the remainder shall be credited as follows: 

(a) Thirty per cent to the gasoline excise tax fund for distribution pursuant to division (A)(1) of section 5735.27 of the Revised Code; 

(b) Twenty-five per cent to the gasoline excise tax fund for distribution pursuant to division (A)(3) of section 5735.27 of the Revised Code; 

(c) Except as provided in division (D) of this section, forty-five per cent to the highway operating fund for distribution pursuant to division (B)(1) of section 5735.27 of the Revised Code. 

(C)  From the balance in the state and local government highway distribution fund on the last day of each month there shall be paid the following amounts: 

(1) To the local transportation improvement program fund created by section 164.14 of the Revised Code, an amount equal to a fraction of the balance in the state and local government highway distribution fund, the numerator of which fraction is one and the denominator of which fraction is that portion of the tax per gallon determined under division (B)(2)(a) of section 5735.06 of the Revised Code; 

(2) An amount equal to five cents multiplied by the number of gallons of motor fuel sold at stations operated by the Ohio turnpike commission, such gallonage to be certified by the commission to the treasurer of state not later than the last day of the month following. The funds paid to the commission pursuant to this section shall be expended for the construction, reconstruction, maintenance, and repair of turnpike projects, except that the funds may not be expended for the construction of new interchanges. The funds also may be expended for the construction, reconstruction, maintenance, and repair of those portions of connecting public roads that serve existing interchanges and are determined by the commission and the director of transportation to be necessary for the safe merging of traffic between the turnpike and those public roads. 

The remainder of the balance shall be distributed as follows on the fifteenth day of the following month: 

(a) Ten and seven-tenths per cent shall be paid to municipal corporations for distribution pursuant to division (A)(1) of section 5735.27 of the Revised Code and may be used for any purpose for which payments received under that division may be used. Through July 15, 2005, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of seven hundred forty-five thousand eight hundred seventy-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. 

(b) Five per cent shall be paid to townships for distribution pursuant to division (A)(5) of section 5735.27 of the Revised Code and may be used for any purpose for which payments received under that division may be used. Through July 15, 2005, the sum of eighty-seven thousand seven hundred fifty dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of two hundred sixty-three thousand two hundred fifty dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. 

(c) Nine and three-tenths per cent shall be paid to counties for distribution pursuant to division (A)(3) of section 5735.27 of the Revised Code and may be used for any purpose for which payments received under that division may be used. Through July 15, 2005, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of seven hundred forty-five thousand eight hundred seventy-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. 

(d) Except as provided in division (D) of this section, the balance shall be transferred to the highway operating fund and used for the purposes set forth in division (B)(1) of section 5735.27 of the Revised Code. 

(D)  Monthly from September to February of each fiscal year, an amount equal to one-sixth of the amount certified in July of that year by the treasurer of state pursuant to division (Q) of section 151.01 of the Revised Code shall, from amounts required to be credited or transferred to the highway operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this section, be credited or transferred to the highway capital improvement bond service fund created in section 151.06 of the Revised Code. If, in any of those months, the amount available to be credited or transferred to the bond service fund is less than one-sixth of the amount so certified, the shortfall shall be added to the amount due the next succeeding month. Any amount still due at the end of the six-month period shall be credited or transferred as the money becomes available, until such time as the office of budget and management receives certification from the treasurer of state or the treasurer of state's designee that sufficient money has been credited or transferred to the bond service fund to meet in full all payments of debt service and financing costs due during the fiscal year from that fund. 
 

HISTORY: GC § 5537; 111 v 299; 113 v 278; 114 v 236; 121 v 555; 122 v 552; 122 v 793; 124 v 318; Bureau of Code Revision, 10-1-53; 125 v 1135(1149) (Eff 4-19-54); 126 v 730; 126 v 1097 (Eff 9-30-55); 129 v 313 (Eff 9-21-61); 130 v 1341 (Eff 10-10-63); 130 v PtII, 288 (Eff 12-2-64); 131 v 1361 (Eff 10-30-65); 131 v 1363 (Eff 11-9-65); 133 v S 150 (Eff 11-5-69); 134 v S 171 (Eff 9-13-72); 135 v H 111 (Eff 7-26-73); 135 v H 200 (Eff 9-28-73); 137 v S 221 (Eff 11-23-77); 138 v H 204 (Eff 7-30-79); 139 v H 102 (Eff 7-1-81); 141 v H 201 (Eff 7-1-85); 142 v H 419 (Eff 7-1-87); 143 v H 111 (Eff 10-29-89); 143 v H 381 (Eff 7-1-89); 144 v H 201 (Eff 6-30-91); 146 v H 305 (Eff 10-1-96); 147 v H 210 (Eff 6-30-97); 148 v H 640 (Eff 9-14-2000); 148 v H 612. Eff 9-29-2000; 150 v H 87, § 1, eff. 3-31-03; 150 v H 95, § 1, eff. 6-26-03; 151 v H 68, § 101.01, eff. 6-29-05.
 

The effective date is set by § 612.03 of 151 v H 68. 

See Comment, Legislative Service Commission, following the first version of RC § 5727.26. 

 

Effect of Amendments

Section 101.01, 151 v H 68, effective June 29, 2005, rewrote the section.