As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 350   5            

      1997-1998                                                    6            


    REPRESENTATIVES STAPLETON-GARCIA-OLMAN-VAN VYVEN-MOTTLEY-      8            

      SULZER-TERWILLEGER-SCHULER-CORBIN-LEWIS-OPFER-BENDER-        9            

          REID-O'BRIEN-LOGAN-MAIER-OGG-AMSTUTZ-PATTON-             10           

                      JACOBSON-MILLER-JONES                        11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 323.13 and 323.134 of the Revised   14           

                Code to require that the county treasurer provide  15           

                a real property tax bill or the information from   16           

                the tax bill to property owners whose  taxes are   17           

                paid by a financial institution by agreement with  18           

                the treasurer, either on the treasurer's own       19           

                initiative or at the request  of the property      20           

                owner.                                                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 323.13 and 323.134 of the Revised  24           

Code be amended to read as follows:                                25           

      Sec. 323.13.  (A)  Except as provided in section 323.134 of  34           

the Revised Code, immediately upon receipt of any tax duplicate    35           

from the county auditor, but not less than twenty days prior to    36           

the last date on which the first one-half taxes may be paid        37           

without penalty as prescribed in section 323.12 or 323.17 of the   38           

Revised Code, the county treasurer shall cause to be prepared and  39           

mailed or delivered to each person charged on such duplicate with  40           

taxes or to an agent designated by such person, the tax bill       41           

prescribed by the TAX commissioner of tax equalization under       42           

section 323.131 of the Revised Code.  When taxes are paid by       44           

installments, the county treasurer ALSO shall mail or deliver to   45           

each EVERY person charged on such duplicate or the agent           46           

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designated by such person, a second tax bill showing the amount    47           

due at the time of the second tax collection.  The second-half     48           

tax bill shall be mailed or delivered at least twenty days prior   49           

to the close of the  second-half tax collection period.            50           

      After delivery of the delinquent land duplicate as           52           

prescribed in section 5721.011 of the Revised Code, the county     53           

treasurer may prepare and mail to each person in whose name        54           

property therein is listed an additional tax bill showing the      55           

total amount of delinquent taxes appearing on such duplicate       56           

against such property.  The tax bill shall include a notice that   57           

the interest charge prescribed by division (B) of section 323.121  58           

of the Revised Code has begun to accrue.                           59           

      A change in the mailing address of any tax bill shall be     61           

made in writing to the county treasurer.                           62           

      Upon certification by the county auditor of the              64           

apportionment of taxes following the transfer of a part of a       65           

tract or lot of real estate, and upon request by the owner of any  66           

transferred or remaining part of such tract or parcel, the         67           

treasurer shall cause to be prepared and mailed or delivered to    68           

such owner a tax bill for the taxes allocated to his SUCH OWNER'S  70           

part, together with the penalties, interest, and other charges.    71           

      Failure to receive any bill required by this section does    73           

not excuse failure or delay to pay any taxes shown on such bill    74           

or, except as provided in division (A) of section 5715.39 of the   75           

Revised Code, avoid any penalty, interest, or charge for such      76           

delay.                                                             77           

      (B)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS    79           

SECTION, WITHIN THIRTY DAYS AFTER THE DAY THE FIRST-HALF AND       80           

SECOND-HALF INSTALLMENTS OF TAXES ARE DUE UNDER SECTION 323.12 OR  81           

AS EXTENDED UNDER SECTION 323.17 OF THE REVISED CODE, THE COUNTY   83           

TREASURER SHALL PROVIDE WITHOUT CHARGE, AT THE REQUEST OF THE                   

PROPERTY OWNER, A TAX BILL OR A FORM CONTAINING SUBSTANTIALLY THE  85           

SAME INFORMATION AS THE TAX BILL, TO A PROPERTY OWNER WHOSE        86           

PROPERTY TAXES ARE PAID THROUGH AN INFORMATION EXCHANGE AGREEMENT  87           

                                                          3      

                                                                 
UNDER SECTION 323.134 OF THE REVISED CODE.  IF THE REQUEST COMES   89           

TO THE TREASURER AFTER THE THIRTY DAYS HAVE ELAPSED, THE                        

TREASURER SHALL PROVIDE THE TAX BILL OR A FORM CONTAINING          90           

SUBSTANTIALLY THE SAME INFORMATION AS THE TAX BILL, BUT MAY        91           

CHARGE THE OWNER MAKING THE REQUEST NO MORE THAN THREE DOLLARS TO  92           

COVER THE COST OF PROVIDING THAT BILL OR FORM.                                  

      (C)  IN LIEU OF FOLLOWING THE PROCEDURE DESCRIBED IN         94           

DIVISION (B) OF THIS SECTION, THE TREASURER MAY MAIL A TAX BILL    95           

OR A FORM CONTAINING SUBSTANTIALLY THE SAME INFORMATION AS THE     96           

TAX BILL, TO EACH PERSON WHOSE PROPERTY TAXES ARE PAID THROUGH AN  97           

INFORMATION EXCHANGE AGREEMENT UNDER SECTION 323.134 OF THE        98           

REVISED CODE.                                                                   

      Sec. 323.134.  As used in this section, "financial           107          

institution" means a bank as defined in section 1101.01 of the     108          

Revised Code, a building and loan association as defined in        109          

section 1151.01 of the Revised Code, or any other person           110          

regularly engaging in the business of making or brokering          111          

residential mortgage loans on security located in this state.      112          

      The county treasurer may request any financial institution   114          

to enter into an agreement with the treasurer for information      115          

exchanges limited exclusively to the purpose of real property tax  116          

billing and payment, including, but not limited to, the sharing    117          

of information that is part of a data processing system.  With     118          

the approval of the county automatic data processing board or, if  119          

the county has no board, with the approval of the county auditor,  120          

the county treasurer may enter such an agreement with any          121          

consenting financial institution.  Where such an agreement         122          

enables the treasurer to collect the proper amounts of such taxes  123          

due without preparing and sending the A tax bills required by      125          

section 323.13 of the Revised Code BILL TO THE FINANCIAL                        

INSTITUTION, the treasurer need not prepare and send such bills A  127          

TAX BILL TO THE FINANCIAL INSTITUTION for any entries of real                   

property upon which taxes are properly computed and paid by the    128          

use of such information exchange.                                  129          

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      Section 2.  That existing sections 323.13 and 323.134 of     131          

the Revised Code are hereby repealed.                              132