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RESOLUTION N0.2011-12 Introduced by Mayor Rinker and Council as a Whole A RESOLUTION OPPOSING THE STATE OF OHIO OR ANY OTHER THIRD PARTY CENTRAL COLLECTION ENTITY FROM SEEKING TO TAKE CONTROL OF MUNICIPAL INCOME TAX COLLECTION AND DECLARING AN EMERGENCY WHEREAS, during recent discussion regarding the State Biennial Budget Bill (HB 153) it was suggested that the State Department of Taxation take over the collection of municipal income taxes; and WHEREAS, although the current pending legislation does not contain any provision for the State to take control of municipal income taxes, the legislation may be amended before fmal consideration in June; and WHEREAS, the possibility that the State of Ohio may eliminate the ability of municipalities to levy, collect and administer their own locally approved municipal income tax, and replace it with a central collection scheme administered by the State, is an unconstitutional attack on the right to home rule guaranteed by the Ohio Constitution; and WHEREAS, income tax is the largest source of revenue for most municipalities, and disruption or interference with the current collection process will be harmful to the fmancial operations of the municipalities; and WHEREAS, the prospect of State control of municipal income tax collection presents numerous administrative difficulties, including but not limited to: how the State will administer local tax ordinances; how retention of access to tax records will be handled; the timing and frequency of distribution of collected revenues to municipalities; the reporting of tax collections to municipalities; and the impact of planned budget and staffing cuts on the Ohio Department of Taxation's ability to undertake and properly perform such significant new responsibilities; and WHEREAS, in the wake of sweeping reductions in the Local Government Fund, municipalities cannot afford another potential loss in revenue. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: SECTION 1. This Council declares that any initiative by the State of Ohio to take control of municipal income tax collection and administration is an illegal and unconstitutional attack on the right to home rule guaranteed by the Ohio Constitution. SECTION 2. This Council declares its strong opposition to any effort by the State of Ohio to take over the collection of municipal income taxes in Ohio, and urges its state legislators to reject and oppose any amendment to pending bills or introduction of new legislation that