As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 123  5            

      1997-1998                                                    6            


    SENATORS WHITE-BLESSING-CARNES-DIX-SHOEMAKER-B. JOHNSON-       8            

       DRAKE-GAETH-LATTA-GARDNER-ZALESKI-HOWARD-SCHAFRATH-         9            

REPRESENTATIVES THOMAS-GRENDELL-BRADY-JONES-NETZLEY-MOTTL-JERSE-   10           

     TERWILLEGER-PADGETT-GARCIA-LEWIS-SULZER-COLONNA-VERICH-       11           

    CAREY-OGG-SCHULER-VESPER-HAINES-MYERS-STAPLETON-MALLORY-       12           

     REID-CORE-WESTON-MAIER-HARRIS-FORD-OPFER-SUTTON-WHALEN-       13           

      MASON-JOHNSON-KREBS-HOUSEHOLDER-CATES-BRITTON-SALERNO        14           


                                                                   16           

                           A   B I L L                                          

             To amend section 319.38 and to enact section          18           

                4503.0611 of the Revised Code to provide           19           

                additional opportunity for the owner of certain    20           

                injured or destroyed property to  receive a        21           

                reduction in the valuation of such property for    22           

                the current tax year, to authorize a waiver or     23           

                refund of taxes on destroyed manufactured homes,   24           

                to temporarily authorize a special election on     25           

                December 9, 1997, for the purpose of allowing      26           

                certain school district property tax levies to     27           

                appear on the ballot, to repeal Section 5 of                    

                this act effective December 10, 1997, and to       29           

                declare an  emergency.                             30           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That section 319.38 be amended and section       34           

4503.0611 of the Revised Code be enacted to read as follows:       35           

      Sec. 319.38.  Whenever it is made to appear to the county    45           

auditor, by the oath of the owner or one of the owners of a        46           

building or structure, land, orchard, timber, ornamental trees,    47           

or groves, or by the affidavit of two disinterested persons who    48           

                                                          2      

                                                                 
are residents of the township or municipal corporation in which    49           

such property is or was situated, that it is listed for taxation   50           

for the current year, and has been destroyed or injured after the  51           

first day of January of the current year, the county auditor       52           

shall investigate the matter and adjust the valuation of the       53           

property, on the tax list for the current year, as prescribed by   54           

divisions (A) through (D) of this section:                                      

      (A)  If the injury or destruction occurred during the first  57           

calendar quarter, the county auditor shall deduct from the         58           

valuation of the property an amount that, in the county auditor's  59           

judgment, fairly represents the extent of the injury or            61           

destruction;                                                                    

      (B)  If the injury or destruction occurred during the        64           

second calendar quarter, the county auditor shall deduct from the  65           

valuation of the property seventy-five per cent of the amount                   

that, in the county auditor's judgment, fairly represents the      66           

extent of the injury or destruction;                               67           

      (C)  If the injury or destruction occurs OCCURRED during     70           

the third calendar quarter, the county auditor shall deduct from                

the valuation of the property fifty per cent of the amount that,   71           

in the county auditor's judgment, fairly represents the extent of  72           

the injury or destruction;                                         73           

      (D)  If the injury or destruction occurs OCCURRED during     76           

the fourth calendar quarter, the county auditor shall deduct from               

the valuation of the property twenty-five per cent of the amount   77           

that, in the county auditor's judgment, fairly represents the      78           

extent of the injury or destruction.                               79           

      No such deduction shall be made in the case of an injury to  83           

or destruction of a building, structure, land, orchard, timber,    84           

ornamental trees, or groves, resulting in damage of less than one  85           

hundred dollars.                                                                

      The TO OBTAIN THE DEDUCTIONS PRESCRIBED IN DIVISIONS (A) TO  87           

(D) OF THIS SECTION, THE owner OR ONE OF THE OWNERS of injured or  89           

damaged DESTROYED property OR THE TWO DISINTERESTED PERSONS WHO    90           

                                                          3      

                                                                 
ARE RESIDENTS OF THE TOWNSHIP OR MUNICIPAL CORPORATION IN WHICH    91           

THE PROPERTY IS OR WAS SITUATED shall apply to the county auditor  93           

for a deduction under this section.  IN THE CASE OF A DEDUCTION    94           

UNDER DIVISION (A), (B), OR (C) OF THIS SECTION, THE OATH OR       96           

AFFIDAVIT SHALL BE FILED NOT LATER THAN THE THIRTY-FIRST DAY OF    97           

DECEMBER OF THE YEAR IN WHICH THE INJURY OR DESTRUCTION OCCURRED.  98           

IN THE CASE OF A DEDUCTION UNDER DIVISION (D) OF THIS SECTION,     99           

THE OATH OR AFFIDAVIT SHALL BE FILED not later than the thirtieth  101          

day after the last day of the calendar quarter during              102          

THIRTY-FIRST DAY OF JANUARY OF THE YEAR AFTER THE YEAR IN which    103          

the injury or destruction occurs OCCURRED.                         104          

      The county auditor shall certify the deductions made under   107          

this section to the county treasurer, who shall correct the tax    108          

list and duplicate in accordance with such deductions.  If the     109          

deduction cannot be entered upon the current tax list and          111          

duplicate, the county auditor shall proceed in the manner          112          

prescribed under section 5715.22 of the Revised Code to refund or  113          

credit to the taxpayer the amount of the reduction in taxes        114          

attributable to the deduction in valuation made under this         115          

section.                                                                        

      Sec. 4503.0611.  WHENEVER IT IS MADE TO APPEAR TO THE        118          

COUNTY AUDITOR, BY THE OATH OF THE OWNER OR ONE OF THE OWNERS OF   119          

A MANUFACTURED HOME, OR BY THE AFFIDAVIT OF TWO DISINTERESTED      120          

PERSONS WHO ARE RESIDENTS OF THE TOWNSHIP OR MUNICIPAL             121          

CORPORATION IN WHICH THE MANUFACTURED HOME IS OR WAS SITUATED,     122          

THAT THE HOME IS SUBJECT TO TAXATION FOR THE CURRENT YEAR UNDER    123          

SECTION 4503.06 OF THE REVISED CODE AND HAS BEEN DESTROYED OR      125          

INJURED AFTER THE FIRST DAY OF JANUARY OF THE CURRENT YEAR, THE    127          

COUNTY AUDITOR SHALL INVESTIGATE THE MATTER, AND SHALL REFUND OR   128          

WAIVE THE PAYMENT OF THE CURRENT YEAR'S TAXES ON SUCH HOME AS      129          

PRESCRIBED BY DIVISIONS (A) AND (B) OF THIS SECTION.  THE OATH OR  130          

AFFIDAVIT REQUIRED BY THIS SECTION SHALL BE FILED WITH THE COUNTY  131          

AUDITOR NOT LATER THAN THE THIRTY-FIRST DAY OF JANUARY OF THE      132          

YEAR AFTER THE YEAR IN WHICH THE MANUFACTURED HOME WAS INJURED OR  134          

                                                          4      

                                                                 
DESTROYED.                                                                      

      (A)  IF THE AUDITOR DETERMINES THE INJURY OR DESTRUCTION     137          

OCCURRED DURING THE FIRST HALF OF THE CALENDAR YEAR, THE AUDITOR   138          

SHALL DEDUCT FROM THE TAXES PAYABLE ON THE MANUFACTURED HOME FOR   139          

THE CURRENT YEAR AN AMOUNT THAT, IN THE COUNTY AUDITOR'S           140          

JUDGMENT, BEARS THE SAME RATIO TO THOSE TAXES AS THE EXTENT OF     141          

THE INJURY OR DESTRUCTION BEARS TO THE COST OR MARKET VALUE OF                  

THE MANUFACTURED HOME.  THE AUDITOR SHALL DRAW A WARRANT ON THE    142          

COUNTY TREASURER TO REFUND THAT AMOUNT.  IF THE TAXES HAVE NOT     143          

BEEN PAID AT THE TIME OF THE AUDITOR'S DETERMINATION, THE AUDITOR  145          

MAY WAIVE THE PAYMENT OF THE PORTION OF THE TAX THAT WOULD                      

OTHERWISE BE REFUNDED UNDER THIS DIVISION.                         146          

      (B)  IF THE AUDITOR DETERMINES THE INJURY OR DESTRUCTION     149          

OCCURRED DURING THE SECOND HALF OF THE CALENDAR YEAR, THE AUDITOR  150          

SHALL DEDUCT FROM THE TAXES PAYABLE ON THE MANUFACTURED HOME FOR   151          

THE CURRENT YEAR ONE-HALF OF THE AMOUNT THAT, IN THE COUNTY        152          

AUDITOR'S JUDGMENT, BEARS THE SAME RATIO TO THOSE TAXES AS THE     153          

EXTENT OF THE INJURY OR DESTRUCTION BEARS TO THE COST OR MARKET                 

VALUE OF THE MANUFACTURED HOME.  THE AUDITOR SHALL DRAW A WARRANT  154          

ON THE COUNTY TREASURER TO REFUND THAT AMOUNT.  IF THE TAXES HAVE  155          

NOT BEEN PAID AT THE TIME OF THE AUDITOR'S DETERMINATION, THE      156          

AUDITOR MAY WAIVE THE PAYMENT OF THE PORTION OF THE TAX THAT       157          

WOULD OTHERWISE BE REFUNDED UNDER THIS DIVISION.                   158          

      (C)  TAXES REFUNDED UNDER THIS SECTION SHALL BE PAID FROM    161          

THE COUNTY UNDIVIDED GENERAL PROPERTY TAX FUND.                    162          

      Section 2.  That existing section 319.38 of the Revised      164          

Code is hereby repealed.                                           165          

      Section 3.  The amendment by this act of section 319.38 and  168          

the enactment by this act of section 4503.0611 of the Revised      169          

Code apply to buildings, structures, land, orchards, timber,                    

ornamental trees, groves, or manufactured homes destroyed or       171          

injured after January 1, 1997.                                     172          

      Section 4.  Section 3 of this act shall expire at midnight   174          

on January 1, 1998.                                                175          

                                                          5      

                                                                 
      Section 5.  (A)  As used in this section:                    177          

      (1)  "Qualifying school district" means a school district    180          

whose board of education failed to timely certify a resolution     181          

proposing the question of a qualifying property tax levy to the    182          

board of elections for appearance on the November 4, 1997,         183          

election ballot.                                                                

      (2)  "Qualifying property tax levy" means an additional      185          

property tax that may be levied for the purpose of current         187          

operating expenses of a public library of, or supported by, a      188          

school district under section 5705.21 of the Revised Code, and                  

that raises at least $200,000 in revenue, which constitutes at     191          

least ten per cent of the public library's estimated annual        192          

budget.                                                                         

      (B)  The board of education of a qualifying school district  194          

may adopt a resolution proposing to place the question of a        196          

qualifying property tax levy on the ballot at a special election   197          

to be held in the school district on December 9, 1997, and         198          

certify the resolution to the proper board of elections not later  199          

than ten days after the effective date of this section.            200          

      The board of elections shall perform all acts otherwise      202          

required by sections 5705.21 and 5705.25 and Title XXXV of the     203          

Revised Code to place the question of the qualifying property tax  204          

levy on the ballot at a special election to be held in the school  205          

district on December 9, 1997.                                      206          

      Section 6.  Section 5 of this act is hereby repealed,        208          

effective December 10, 1997.                                       209          

      Section 7.  This act is hereby declared to be an emergency   211          

measure necessary for the immediate preservation of the public     212          

peace, health, and safety.  The reason for such necessity is that  214          

millions of dollars of property were devastated in the storms and  215          

floods that swept through this state in early 1997.  This measure  216          

is necessary to ensure some form of financial relief will be made  217          

available quickly to the unfortunate victims of these events.      218          

Therefore, this act shall go into immediate effect.                219