As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 694   5            

      1997-1998                                                    6            


   REPRESENTATIVES SCHULER-CORBIN-VAN VYVEN-REID-TIBERI-OLMAN-     8            

    OPFER-THOMAS-PADGETT-MOTTLEY-GARCIA-ROMAN-WOMER BENJAMIN       9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 5715.13 and 5715.19 of the Revised  13           

                Code to clarify who may file a complaint with a    14           

                county board of revision and to declare that the   15           

                filing of the complaint does not constitute the    16           

                unauthorized practice of  law.                     17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 5715.13 and 5715.19 of the Revised  21           

Code be amended to read as follows:                                22           

      Sec. 5715.13.  The county board of revision shall not        31           

decrease any valuation complained of unless the party affected     32           

thereby, THE PARTY'S SPOUSE, or his agent, IF THE PARTY IS A       34           

FIRM, COMPANY, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR          35           

CORPORATION, AN OFFICER OF THE PARTY, makes and files with the     38           

board a written application therefor, verified by oath, showing                 

the facts upon which it is claimed such decrease should be made.   39           

THE FILING OF AN APPLICATION PURSUANT TO THIS SECTION DOES NOT     40           

CONSTITUTE THE UNAUTHORIZED PRACTICE OF LAW.                       41           

      Sec. 5715.19.  (A)(1)  Subject to division (A)(2) of this    50           

section, a complaint against any of the following determinations   51           

for the current tax year shall be filed with the county auditor    52           

on or before the thirty-first day of March of the ensuing tax      53           

year:                                                              54           

      (a)  Any classification made under section 5713.041 of the   56           

Revised Code;                                                      57           

      (b)  Any determination made under section 5713.32 or         59           

                                                          2      

                                                                 
5713.35 of the Revised Code;                                       60           

      (c)  Any recoupment charge levied under section 5713.35 of   62           

the Revised Code;                                                  63           

      (d)  The determination of the total valuation or assessment  65           

of any parcel that appears on the tax list, except parcels         66           

assessed by the tax commissioner pursuant to section 5727.06 of    67           

the Revised Code;                                                  68           

      (e)  The determination of the total valuation of any parcel  70           

that appears on the agricultural land tax list, except parcels     71           

assessed by the tax commissioner pursuant to section 5727.06 of    72           

the Revised Code.                                                  73           

      Any person owning taxable real property in the county or in  75           

a taxing district with territory in the county,; SUCH PERSON'S     77           

SPOUSE; IF THE PERSON IS A FIRM, COMPANY, PARTNERSHIP, LIMITED     78           

LIABILITY COMPANY, OR CORPORATION, AN OFFICER OF SUCH PERSON; the  81           

board of county commissioners,; the prosecuting attorney or        82           

treasurer of the county,; the board of township trustees of any    83           

township with territory within the county,; the board of           84           

education of any school district with any territory in the         86           

county,; or the mayor or legislative authority of any municipal    87           

corporation with any territory in the county may file such a       88           

complaint regarding any such determination affecting any real      89           

property in the county, except that a person owning taxable real   90           

property in another county may file such a complaint only with     91           

regard to any such determination affecting real property in the    92           

county that is located in the same taxing district as that         93           

person's real property is located.  The county auditor shall       94           

present to the county board of revision all complaints filed with  95           

him THE AUDITOR.                                                   96           

      (2)  As used in division (A)(2) of this section, "interim    98           

period" means, for each county, the tax year to which section      99           

5715.24 of the Revised Code applies and each subsequent tax year   100          

until the tax year in which that section applies again.            101          

      No person, board, or officer shall file a complaint against  103          

                                                          3      

                                                                 
the valuation or assessment of any parcel that appears on the tax  104          

list if it filed a complaint against the valuation or assessment   105          

of that parcel for any prior tax year in the same interim period,  106          

unless the person, board, or officer alleges that the valuation    107          

or assessment should be changed due to one or more of the          108          

following circumstances that occurred after the tax lien date for  109          

the tax year for which the prior complaint was filed and that the  110          

circumstances were not taken into consideration with respect to    111          

the prior complaint:                                               112          

      (a)  The property was sold in an arm's length transaction,   114          

as described in section 5713.03 of the Revised Code;               115          

      (b)  The property lost value due to some casualty;           117          

      (c)  Substantial improvement was added to the property;      119          

      (d)  An increase or decrease of at least fifteen per cent    121          

in the property's occupancy has had a substantial economic impact  122          

on the property.                                                   123          

      (B)  Within thirty days after the last date such complaints  125          

may be filed, the auditor shall give notice of each complaint in   126          

which the stated amount of overvaluation, undervaluation,          127          

discriminatory valuation, illegal valuation, or incorrect          128          

determination is at least seventeen thousand five hundred dollars  129          

to each property owner whose property is the subject of the        130          

complaint, if the complaint was not filed by such owner, and to    131          

each board of education whose school district may be affected by   132          

the complaint.  Within thirty days after receiving such notice, a  133          

board of education or, a property owner OR THE OWNER'S SPOUSE,     135          

OR, IF THE PROPERTY OWNER IS A FIRM, COMPANY, PARTNERSHIP,         136          

LIMITED LIABILITY COMPANY, OR CORPORATION, AN OFFICER OF SUCH      137          

PROPERTY OWNER, may file a complaint in support of or objecting    140          

to the amount of alleged overvaluation, undervaluation,            141          

discriminatory valuation, illegal valuation, or incorrect          142          

determination stated in a previously filed complaint or objecting  143          

to the current valuation.  Upon the filing of a complaint under    144          

this division, the board of education or the property owner shall  145          

                                                          4      

                                                                 
be made a party to the action.                                                  

      (C)  Each board of revision shall notify any complainant     147          

and also the property owner, if his THE PROPERTY OWNER'S address   148          

is known, when a complaint is filed by one other than the          149          

property owner, by certified mail, not less than ten days prior    150          

to the hearing, of the time and place the same will be heard.      151          

The board of revision shall hear and render its decision on a      152          

complaint within ninety days after the filing thereof with the     153          

board, except that if a complaint is filed within thirty days      154          

after receiving notice from the auditor as provided in division    155          

(B) of this section the board shall hear and render its decision   156          

within ninety days after such filing.                              157          

      (D)  The determination of any such complaint shall relate    159          

back to the date when the lien for taxes or recoupment charges     160          

for the current year attached or the date as of which liability    161          

for such year was determined.  Liability for taxes and recoupment  162          

charges for such year and each succeeding year until the           163          

complaint is finally determined and for any penalty and interest   164          

for nonpayment thereof within the time required by law shall be    165          

based upon the determination, valuation, or assessment as finally  166          

determined.  Each complaint shall state the amount of              167          

overvaluation, undervaluation, discriminatory valuation, illegal   168          

valuation, or incorrect classification or determination upon       169          

which the complaint is based.  The treasurer shall accept any      170          

amount tendered as taxes or recoupment charge upon property        171          

concerning which a complaint is then pending, computed upon the    172          

claimed valuation as set forth in the complaint.  If a complaint   173          

filed under this section for the current year is not determined    174          

by the board within the time prescribed for such determination,    175          

the complaint and any proceedings in relation thereto shall be     176          

continued by the board as a valid complaint for any ensuing year   177          

until such complaint is finally determined by the board or upon    178          

any appeal from a decision of the board.  In such case, the        179          

original complaint shall continue in effect without further        180          

                                                          5      

                                                                 
filing by the original taxpayer, his THE ORIGINAL TAXPAYER'S       181          

assignee, or any other person or entity authorized to file a       182          

complaint under this section.                                      183          

      (E)  If a taxpayer files a complaint as to the               185          

classification, valuation, assessment, or any determination        186          

affecting his THE TAXPAYER'S own property and tenders less than    187          

the full amount of taxes or recoupment charges as finally          188          

determined, an interest charge shall accrue as follows:            190          

      (1)  If the amount finally determined is less than the       192          

amount billed but more than the amount tendered, the taxpayer      193          

shall pay interest at the rate per annum prescribed by section     194          

5703.47 of the Revised Code, computed from the date that the       195          

taxes were due on the difference between the amount finally        196          

determined and the amount tendered.  This interest charge shall    197          

be in lieu of any penalty or interest charge under section         198          

323.121 of the Revised Code unless the taxpayer failed to file a   199          

complaint and tender an amount as taxes or recoupment charges      200          

within the time required by this section, in which case section    201          

323.121 of the Revised Code applies.                               202          

      (2)  If the amount of taxes finally determined is equal to   204          

or greater than the amount billed and more than the amount         205          

tendered, the taxpayer shall pay interest at the rate prescribed   206          

by section 5703.47 of the Revised Code from the date the taxes     207          

were due on the difference between the amount finally determined   208          

and the amount tendered, such interest to be in lieu of any        209          

interest charge but in addition to any penalty prescribed by       210          

section 323.121 of the Revised Code.                               211          

      (F)  Upon request of a complainant, the tax commissioner     213          

shall determine the common level of assessment of real property    214          

in the county for the year stated in the request that is not       215          

valued under section 5713.31 of the Revised Code, which common     216          

level of assessment shall be expressed as a percentage of true     217          

value and the common level of assessment of lands valued under     218          

such section, which common level of assessment shall also be       219          

                                                          6      

                                                                 
expressed as a percentage of the current agricultural use value    220          

of such lands.  Such determination shall be made on the basis of   221          

the most recent available sales ratio studies of the commissioner  222          

and such other factual data as the commissioner deems pertinent.   223          

      (G)  A complainant shall provide to the board of revision    225          

all information or evidence within his THE COMPLAINANT'S           226          

knowledge or possession that affects the real property that is     227          

the subject of his THE complaint.  A complainant who fails to      228          

provide such information or evidence is precluded from             229          

introducing it on appeal to the board of tax appeals or the court  230          

of common pleas, except that the board of tax appeals or court     231          

may admit and consider the evidence if the complainant shows good  232          

cause for his THE COMPLAINANT'S failure to provide the             233          

information or evidence to the board of revision.                  234          

      (H)  In case of the pendency of any proceeding in court      236          

based upon an alleged excessive, discriminatory, or illegal        237          

valuation or incorrect classification or determination, the        238          

taxpayer may tender to the treasurer an amount as taxes upon       239          

property computed upon the claimed valuation as set forth in the   240          

complaint to the court.  The treasurer may accept the tender.  If  241          

the tender is not accepted, no penalty shall be assessed because   242          

of the nonpayment of the full taxes assessed.                      243          

      (I)  THE FILING OF A COMPLAINT PURSUANT TO DIVISION (A) OR   246          

(B) OF THIS SECTION DOES NOT CONSTITUTE THE UNAUTHORIZED PRACTICE               

OF LAW.                                                            247          

      Section 2.  That existing sections 5715.13 and 5715.19 of    249          

the Revised Code are hereby repealed.                              250