As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 59  5            

      1997-1998                                                    6            


  SENATORS NEIN-LATTA-GAETH-DiDONATO-GARDNER-WHITE-B. JOHNSON-     8            

                   KEARNS-HERINGTON-DIX-McLIN                      9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 321.45, 323.12, 323.31, 5711.33,    13           

                5715.39, and 5719.03 and to enact section 321.48   14           

                of the Revised Code to permit all real property    15           

                taxpayers to participate in a system for           16           

                prepayment of taxes and to make other changes to                

                the county treasurer law.                          17           




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

      Section 1.  That sections 321.45, 323.12, 323.31, 5711.33,   21           

5715.39, and 5719.03 be amended and section 321.48 of the Revised  23           

Code be enacted to read as follows:                                             

      Sec. 321.45.  (A)  As used in this section:                  32           

      (1)  "Taxpayer" means any person in whose name a parcel of   34           

residential property is listed on the tax duplicate.               35           

      (2)  "Prepayment" means any amount given to the county       37           

treasurer by a taxpayer under this section for the treasurer to    38           

apply as payment of the taxpayer's total taxes due in accordance   39           

with this section.                                                 40           

      (3)  "Taxes," "delinquent taxes," and "current taxes" have   42           

the same meanings as in section 323.01 of the Revised Code.        43           

      (4)  "Duplicate" means the treasurer's duplicate of real     45           

and public utility property.                                       46           

      (5)  "Total taxes due" means all delinquent taxes and that   48           

portion of current taxes that, in order to avoid a penalty, are    49           

required to be paid by the next date that is the last date on      50           

which an installment of taxes may be paid without penalty.         51           

                                                          2      

                                                                 
      (6)  "Residential property" means single family dwellings,   53           

duplexes, doubles, and apartment buildings with not more than six  54           

units and the land on which those dwellings are located.           55           

      (B)(1)  A county treasurer may enter into a written          57           

agreement with any taxpayer, upon mutually agreed upon ON terms    58           

and conditions, under which both of the following occur:           60           

      (a)  The taxpayer agrees to tender prepayments of taxes on   62           

a parcel of residential property for which he THE TAXPAYER is the  65           

taxpayer;                                                                       

      (b)  The treasurer agrees to accept the prepayments and      67           

hold them either in an escrow fund or a separate depository        68           

account until the last day that an installment of current taxes    69           

may be paid without penalty, at which time he THE TREASURER        71           

further agrees to apply, in payment of the total taxes due on the  73           

parcel, an amount of the prepayments that equals the total taxes   74           

due on the parcel.  IF A DISCOUNT IS NOT GIVEN UNDER DIVISION      76           

(B)(2) OF THIS SECTION, ANY EARNINGS ON PREPAYMENTS IN AN ESCROW   77           

FUND OR DEPOSITORY ACCOUNT SHALL BE PAID TO THE CREDIT OF A        78           

SPECIAL INTEREST ACCOUNT TO BE USED BY THE TREASURER ONLY FOR THE  79           

PAYMENT OF THE EXPENSES INCURRED IN ESTABLISHING AND               80           

ADMINISTERING THE SYSTEM FOR COLLECTING PREPAYMENTS UNDER          81           

DIVISION (B)(1) OF THIS SECTION.                                   82           

      (2)  In addition to providing for the items enumerated in    84           

division (B)(1) of this section, the agreement may provide for     85           

the treasurer to invest prepayments held in the escrow FUND or     86           

depository account, subject to Chapter 135. of the Revised Code,   87           

and apply the investment earnings thereon, after deducting an      88           

amount to pay the expenses incurred by the treasurer in            89           

establishing and administering the prepayment system, as a         90           

discount against the total taxes due of each taxpayer entering     91           

into such an agreement.  The balance applied to the discounts      92           

shall be apportioned among taxpayers in such a manner that the     93           

discount credited to a taxpayer for each parcel of residential     94           

real property for which taxes are prepaid is commensurate with     95           

                                                          3      

                                                                 
the amount of current taxes due and the length of time current     96           

taxes are held in escrow.  Discounts accruing to prepayments made  97           

for a tax year shall be applied against total taxes due for the    98           

ensuing tax year.  No discount shall be apportioned to a taxpayer  99           

who fails to pay the total taxes due or fails to make prepayments  100          

pursuant to the terms of the agreement.                            101          

      (C)  A prepayment accepted by a treasurer under an           103          

agreement under division (B) of this section does not constitute   104          

a payment of taxes until it is applied toward the payment of       105          

taxes as provided in this section.  A separate prepayment          106          

agreement is required for each parcel of residential property,     107          

except that a taxpayer who makes prepayments on more than one      108          

parcel may enter into a single agreement covering all of the       109          

parcels.  The single agreement shall specify the manner in which   110          

each prepayment shall be apportioned among the parcels.  The       111          

treasurer shall keep a separate record for each parcel showing     112          

the date and amount of each prepayment.                            113          

      (D)  No treasurer shall fail to apply prepayments toward     115          

the payment of taxes as required pursuant to an agreement entered  116          

INTO under division (B) of this section; however, the total        117          

amount of prepayments shall equal or exceed the total taxes due,   118          

less any discount applied for a previous period under division     119          

(B)(2) of this section.                                            120          

      (E)  The treasurer shall give each person who makes a tax    122          

prepayment in person at the office of the county treasurer a       123          

receipt in the form that the prepayment agreement requires.  The   124          

treasurer shall give a receipt to a person who makes a tax         125          

prepayment to the treasurer by mail only if the taxpayer encloses  126          

with the prepayment an addressed envelope with sufficient          127          

postage, in which case the treasurer shall insert a receipt for    128          

the prepayment in that envelope and deposit it in the mail.  The   129          

treasurer may refund any amount tendered as a prepayment if the    130          

taxpayer so requests and files with the treasurer an affidavit     131          

and the supporting documents the treasurer requires providing      132          

                                                          4      

                                                                 
that the taxpayer no longer owns the property.  The request for    133          

the refund shall be made prior to the date of the mailing of a     134          

tax bill and escrow statement to the taxpayer.  If a taxpayer who  135          

has entered into a prepayment agreement pursuant to this section   136          

dies before the last day on which an installment of current taxes  137          

may be paid without penalty, the treasurer may refund the amount   138          

of any prepayments made by that taxpayer to the executor or        139          

administrator of the taxpayer's estate.                            140          

      (F)  If the treasurer has received any prepayments from a    142          

taxpayer, the treasurer shall add to the tax bill required by      143          

section 323.13 of the Revised Code a tax escrow statement that     144          

shall specify the total amount of prepayments received by the      145          

treasurer on or before the date the statement was prepared, the    146          

balance of total taxes due for which no prepayment has been        147          

received, the amount of any discount to be applied to total taxes  148          

due, and the date the statement was prepared.                      149          

      (G)  If the total amount of a taxpayer's prepayments to the  151          

treasurer made on or before the final date an installment of       152          

taxes may be paid without penalty do not equal or exceed the       153          

total taxes due on that date, the taxpayer is not relieved of any  154          

late penalty or interest otherwise due pursuant to section         155          

323.121 of the Revised Code.  If the treasurer fails to apply      156          

prepayments received by his THE TREASURER'S office in accordance   157          

with the terms of an agreement and the total amount of the         159          

taxpayer's prepayments equals or exceeds the total taxes due, the  160          

taxpayer is relieved of any late penalty or interest imposed       161          

under section 323.121 of the Revised Code.                         162          

      (H)  The office of the county treasurer shall bear all of    164          

the costs of establishing and administering a system for           165          

collecting prepayments as permitted by this section.               166          

      (I)  Before the county treasurer commences a prepayment      168          

system, the tax commissioner shall approve all procedures and      169          

forms to be used in the system.                                    170          

      (J)  The treasurer may enter into any agreements necessary   172          

                                                          5      

                                                                 
to enable the taxpayer to make prepayments of taxes to the office  173          

of the treasurer through the electronic transfer of funds from an  174          

account in the name of the taxpayer at a financial institution.    175          

      Sec. 321.48.  A COUNTY TREASURER MAY ASSESS A FEE NOT        177          

EXCEEDING AN AMOUNT EQUAL TO FIVE DOLLARS PLUS ANY AMOUNT PASSED   178          

ON FROM A FINANCIAL INSTITUTION ON A DRAWER OR INDORSER FOR EACH   179          

CHECK, DRAFT, OR MONEY ORDER RETURNED OR DISHONORED, OR AUTOMATIC  181          

BANK TRANSFER DECLINED, DUE TO INSUFFICIENT FUNDS OR FOR ANY       182          

OTHER REASON.  THE COUNTY TREASURER SHALL DEPOSIT IN THE GENERAL   183          

FUND OF THE COUNTY ANY FEE COLLECTED UNDER THIS SECTION.           184          

      Sec. 323.12.  (A)  Each person charged with taxes shall pay  193          

to the county treasurer the full amount of such taxes on or        194          

before the thirty-first day of December, or shall pay one-half of  195          

the current taxes together with the full amount of any delinquent  196          

taxes before such date, and the remaining half on or before the    197          

twentieth day of June next ensuing.                                198          

      When taxes are paid by installments, each payment shall be   200          

apportioned among the several funds for which taxes have been      201          

assessed.                                                          202          

      (B)  A tax is paid on or before the dates set forth in this  204          

section if the tax payment is received by the county treasurer or  205          

if prepayments are applied by the treasurer toward the payment of  206          

taxes as provided by section 321.45 of the Revised Code on or      207          

before the last day for payment of such tax, or if the tax         208          

payment is received after such date in an envelope that was        209          

postmarked by the UNITED STATES postal service on or before the    211          

last day for payment of such tax.  In the event there is more      212          

than one date of postmark on the envelope, the earliest date       213          

imprinted by the UNITED STATES postal service shall be the date    214          

of payment.  A PRIVATE METER POSTMARK ON AN ENVELOPE IS NOT A      215          

VALID POSTMARK FOR PURPOSES OF ESTABLISHING THE DATE OF PAYMENT    216          

OF SUCH TAX.                                                                    

      (C)  The treasurer may delay the closing of his THE          218          

TREASURER'S books for any collection period for the purpose of     220          

                                                          6      

                                                                 
receiving and processing such payments.                            221          

      Sec. 323.31.  (A)  Delinquent taxes charged against any      230          

entry of real property may be paid pursuant to this division by    231          

the person who owns the real property or is a vendee in            232          

possession under a purchase agreement or land contract after       233          

entering into a written undertaking with the county treasurer in   234          

a form prescribed or approved by the tax commissioner.  The        235          

undertaking may be entered into at any time prior to the county    236          

prosecuting attorney's commencement of foreclosure proceedings     237          

pursuant to section 323.25 or 5721.18 of the Revised Code, or      238          

commencement of foreclosure and forfeiture proceedings pursuant    239          

to section 5721.14 of the Revised Code.  A duplicate copy of each  240          

such undertaking shall be filed with the county auditor, who       241          

shall attach such THE copy to the delinquent land tax certificate  243          

or delinquent vacant land tax certificate, or who shall enter an   244          

asterisk in the margin next to the entry for the tract or lot on   245          

the master list of delinquent tracts or master list of delinquent  246          

vacant tracts, prior to filing it with the prosecuting attorney    247          

under section 5721.13 of the Revised Code.  If the undertaking is  248          

entered into after the certificate or the master list has been     249          

filed with the prosecuting attorney, the treasurer shall file the  250          

duplicate copy with the prosecuting attorney.                      251          

      An undertaking entered into under this division shall        253          

provide for the payment of delinquent taxes in installments over   254          

a period not to exceed five years beginning on the earliest date   255          

delinquent taxes that are the subject of the undertaking were      256          

included in a certification under section 5721.011 of the Revised  257          

Code; however, a person entering into an undertaking WHO OWNS AND  259          

OCCUPIES RESIDENTIAL REAL PROPERTY may request, and the treasurer  262          

shall allow, an undertaking providing for payment in installments  264          

over a period of no fewer than two years beginning on that date.   265          

For                                                                             

      FOR each undertaking, the county treasurer shall determine,  268          

and shall specify in the undertaking, the number of installments,  269          

                                                          7      

                                                                 
the amount of each installment, and the schedule for payment of    270          

the installments.  EACH                                                         

      Each installment payment shall be apportioned among the      272          

several funds for which taxes have been assessed and shall be      273          

applied to the items of taxes charged in the order in which they   274          

became due.                                                        275          

      When an installment payment is not received by the           277          

treasurer when due or any current taxes charged against the        278          

property become delinquent, the undertaking becomes void unless    279          

the treasurer permits a new undertaking to be entered into; if     280          

the treasurer does not permit a new undertaking to be entered      281          

into, the treasurer shall certify to the auditor that the          282          

undertaking has become void.  A new undertaking entered into       283          

under this paragraph shall provide for payment of the outstanding  284          

balance of delinquent taxes over a period that, when added to the  285          

periods of any previous undertakings that had elapsed prior to     286          

their becoming void, does not exceed ten years.                    287          

      Upon receipt of such a certification, the auditor shall      289          

destroy his THE duplicate copy of the undertaking.  If such copy   290          

has been filed with the prosecuting attorney, the auditor          292          

immediately shall deliver the certification to the prosecuting     293          

attorney, who shall attach it to the appropriate certificate and   294          

the duplicate copy of the voided undertaking or strike through     295          

the asterisk entered in the margin of the master list next to the  296          

entry for the tract or lot that is the subject of the voided       297          

undertaking. The prosecuting attorney then shall institute a       298          

proceeding to foreclose the lien of the state in accordance with   299          

section 323.25 or 5721.18 of the Revised Code or, in the case of   300          

delinquent vacant land, shall institute a foreclosure proceeding   301          

in accordance with section 323.25 or 5721.18 of the Revised Code,  302          

or a foreclosure and forfeiture proceeding in accordance with      303          

section 5721.14 of the Revised Code.                               304          

      (B)  Within ten days after the date prescribed by section    306          

323.12 or 323.17 of the Revised Code for payment of the first      307          

                                                          8      

                                                                 
half installment of the current taxes, any person failing to pay   308          

the amount required by such date, with the consent of the          309          

treasurer, may enter into a written undertaking with the           310          

treasurer, in a form prescribed by the tax commissioner, to pay    311          

all current taxes pursuant to this division.  The agreement shall  312          

provide for the entire amount of such taxes to be paid in three    313          

or fewer installments before the date set by section 323.12 or     314          

323.17 of the Revised Code for the payment of the second           315          

installment of such taxes.  Each payment made under this division  316          

shall be not less than one-third of the total amount of the        317          

current taxes, unless the collection of a particular tax has been  318          

legally enjoined, or unless at any scheduled payment date less     319          

than one-third of the total amount remains unpaid, in which case   320          

the total balance shall be paid.                                   321          

      If a payment is not received by the treasurer when due       323          

under the terms of an undertaking made under this division, the    324          

treasurer may permit the taxpayer to make the payment at a later   325          

date, provided the payment is received before the date set by      326          

section 323.12 or 323.17 of the Revised Code for the payment of    327          

the second installment of current taxes.  If the total taxes       328          

arranged to be paid pursuant to such an undertaking are not        329          

received before such date, the undertaking shall become void and   330          

the treasurer shall proceed to collect all unpaid taxes then due   331          

by any other means provided by law.                                332          

      Sec. 5711.33.  (A)(1)  When a county treasurer receives a    341          

certificate from a county auditor pursuant to division (A) of      342          

section 5711.32 of the Revised Code charging him THE TREASURER     343          

with the collection of an amount of taxes due as the result of a   345          

deficiency assessment, he THE TREASURER shall immediately prepare  347          

and mail a tax bill to the taxpayer owing such tax.  The tax bill  349          

shall contain the name of the taxpayer; the taxable value, tax     350          

rate, and taxes charged for each year being assessed; the total    351          

amount of taxes due; the final date payment may be made without    352          

additional penalty; and any other information the treasurer        353          

                                                          9      

                                                                 
considers pertinent or necessary.  Taxes due and payable as a      354          

result of a deficiency assessment, less any amount specifically    355          

excepted from collection under division (B) of section 5711.32 of  356          

the Revised Code, shall be paid with interest thereon as           357          

prescribed by section 5719.041 of the Revised Code on or before    358          

the sixtieth day following the date of issuance of the             359          

certificate by the county auditor.  The balance of taxes found     360          

due and payable after a final determination by the tax             361          

commissioner or a final judgment of the board of tax appeals or    362          

any court to which such final judgment may be appealed, shall be   363          

paid with interest thereon as prescribed by section 5719.041 of    364          

the Revised Code on or before the sixtieth day following the date  365          

of certification by the auditor to the treasurer pursuant to       366          

division (C) of section 5711.32 of the Revised Code of such final  367          

determination or judgment.  Such final dates for payment shall be  368          

determined and exhibited on the tax bill by the treasurer.         369          

      (2)  If on or before the sixtieth day following the date of  371          

a certification of a deficiency assessment under division (A) of   372          

section 5711.32 of the Revised Code or of a certification of a     373          

final determination or judgment under division (C) of section      374          

5711.32 of the Revised Code, the taxpayer pays the full amount of  375          

taxes and interest due at the time of the receipt of               376          

certification with respect to that assessment, determination, or   377          

judgment, no interest shall accrue or be charged with respect to   378          

that assessment, determination, or judgment for the period that    379          

begins on the first day of the month in which the certification    380          

is made and that ends on the last day of the month preceding the   381          

month in which such sixtieth day occurs.                           382          

      (B)  When the taxes charged, as mentioned in division (A)    384          

of this section, are not paid within the time prescribed by such   385          

division, a penalty of ten per cent of the amount due and unpaid   386          

and interest for the period described in division (A)(2) of this   387          

section shall accrue at the time the treasurer closes his THE      388          

TREASURER'S office for business on the last day so prescribed,     390          

                                                          10     

                                                                 
but if the taxes are paid within ten days subsequent to the last   391          

day prescribed, the treasurer shall waive the collection of and    392          

the auditor shall remit one-half of the penalty.  The treasurer    393          

shall not thereafter accept less than the full amount of taxes     394          

and penalty except as otherwise authorized by law.  Such penalty   395          

shall be distributed in the same manner and at the same time as    396          

the tax upon which it has accrued.  The whole amount collected     397          

shall be included in the next succeeding settlement of             398          

appropriate taxes.                                                              

      (C)  When the taxes charged, as mentioned in division (A)    400          

of this section, remain unpaid after the final date for payment    401          

prescribed by such division, such charges shall be deemed to be    402          

delinquent taxes.  The county auditor shall cause such charges,    403          

including the penalty which THAT has accrued pursuant to this      404          

section, to be added to the delinquent tax duplicate in            406          

accordance with section 5719.04 of the Revised Code.               407          

      (D)  The county auditor, upon consultation with the county   409          

treasurer, shall remit a penalty imposed under division (B) of     410          

this section or division (C) of section 5719.03 of the Revised     411          

Code for the late payment of taxes when:                           412          

      (1)  The taxpayer could not make timely payment of the tax   414          

because of the negligence or error of the auditor or treasurer in  415          

the performance of a statutory duty relating to the levy or        416          

collection of such tax.                                            417          

      (2)  In cases other than those described in division (D)(1)  419          

of this section, the taxpayer failed to receive a tax bill or a    420          

correct tax bill, and the taxpayer made a good faith effort to     421          

obtain such bill within thirty days after the last day for         422          

payment of the tax.                                                423          

      (3)  The tax was not timely paid because of the death or     425          

serious injury of the taxpayer, or his THE TAXPAYER'S confinement  427          

in a hospital within sixty days preceding the last day for         428          

payment of the tax, if, in any case, the tax was subsequently      430          

paid within sixty days after the last day for payment of such      432          

                                                          11     

                                                                 
tax.                                                                            

      (4)  The taxpayer demonstrates to the satisfaction of the    434          

auditor that the full payment was properly deposited in the mail   435          

in sufficient time for the envelope to be postmarked by the        437          

UNITED STATES postal service on or before the last day for         438          

payment of such tax.  A PRIVATE METER POSTMARK ON AN ENVELOPE IS   439          

NOT A VALID POSTMARK FOR PURPOSES OF ESTABLISHING THE DATE OF      440          

PAYMENT OF SUCH TAX.                                                            

      (E)  The taxpayer may, upon application, MAY request the     442          

tax commissioner to review the denial of the remission of a        443          

penalty by the auditor.  The commissioner shall consider the       444          

application, determine whether the penalty should be remitted,     445          

and certify his THE determination to the taxpayer and to the       447          

treasurer and auditor who shall correct the tax list and           448          

duplicate accordingly.  The commissioner shall issue orders and    449          

instructions for the uniform implementation of this section by     450          

all auditors and treasurers, and such orders and instructions      451          

shall be followed by such officers.                                452          

      Sec. 5715.39.  The tax commissioner may remit real property  461          

taxes, penalties, and interest found by him THE COMMISSIONER to    462          

have been illegally assessed.  The commissioner also may remit     463          

any penalty charged against any real property that was the         464          

subject of an application for exemption from taxation under        465          

section 5715.27 of the Revised Code if the commissioner            466          

determines that the applicant requested such exemption in good     467          

faith.  The commissioner shall include notice of the remission in  468          

his THE COMMISSIONER'S certification to the county auditor         469          

required under that section.                                       470          

      The commissioner, on application by a taxpayer, shall remit  472          

a penalty for late payment of any real property taxes when:        473          

      (A)  The taxpayer could not make timely payment of the tax   475          

because of the negligence or error of the auditor or treasurer in  476          

the performance of a statutory duty relating to the levy or        477          

collection of such tax.                                            478          

                                                          12     

                                                                 
      (B)  In cases other than those described in division (A) of  480          

this section, the taxpayer failed to receive a tax bill or a       481          

correct tax bill, and the taxpayer made a good faith effort to     482          

obtain such bill within thirty days after the last day for         483          

payment of the tax.                                                484          

      (C)  The tax was not timely paid because of the death or     486          

serious injury of the taxpayer, or his THE TAXPAYER'S confinement  488          

in a hospital within sixty days preceding the last day for                      

payment of the tax, if, in any case, the tax was subsequently      489          

paid within sixty days after the last day for payment of such      490          

tax.                                                                            

      (D)  The taxpayer demonstrates to the satisfaction of the    492          

commissioner that the full payment was properly deposited in the   493          

mail in sufficient time for the envelope to be postmarked by the   494          

UNITED STATES postal service on or before the last day for         496          

payment of such tax.  A PRIVATE METER POSTMARK ON AN ENVELOPE IS                

NOT A VALID POSTMARK FOR PURPOSES OF ESTABLISHING THE DATE OF      497          

PAYMENT OF SUCH TAX.                                               498          

      The commissioner shall consider the application, determine   500          

whether the penalty should be remitted, and certify his THE        501          

determination to the taxpayer, to the county treasurer, and to     503          

the county auditor, who shall correct the tax list and duplicate                

accordingly.                                                       504          

      This section shall not provide to the taxpayer any remedy    506          

with respect to any matter which he THAT THE TAXPAYER may be       507          

authorized to complain of under the provisions of sections         508          

5715.19, 5717.02, and 5727.47 of the Revised Code.                 510          

      Applications for remission, and documents of any kind        512          

related to those applications, filed with the tax commissioner     513          

under this section, are public records within the meaning of       514          

section 149.43 of the Revised Code, unless otherwise excepted      515          

under that section.                                                516          

      Sec. 5719.03.  (A)  The county auditor shall preserve all    525          

receipts showing the advance payment of taxes.  At the time of     526          

                                                          13     

                                                                 
making up the general personal and the classified tax list and     527          

duplicate, he THE AUDITOR shall enter thereon opposite the name    528          

of each person charged with taxes the amount of the advance        530          

payment made, as a credit against the amount of taxes charged      531          

thereon against such person.                                       532          

      (B)  Each person charged with taxes on a general personal    534          

property or a classified property tax duplicate shall pay the      535          

full amount of such taxes, less the amount of advance payment      536          

credited on the duplicate, on or before the twentieth day of       537          

September, or a day as extended pursuant to section 5719.031 of    538          

the Revised Code.                                                  539          

      (C)  A tax is paid on or before the dates set forth in this  541          

section if the tax payment is received by the county treasurer on  542          

or before the last day for payment of such tax, or is received     543          

after such date in an envelope that was postmarked by the UNITED   544          

STATES postal service on or before the last day for payment of     546          

such tax.  In the event there is more than one date of postmark    547          

on the envelope, the earliest date imprinted by the UNITED STATES  549          

postal service shall be the date of payment.  A PRIVATE METER      550          

POSTMARK ON AN ENVELOPE IS NOT A VALID POSTMARK FOR PURPOSES OF    551          

ESTABLISHING THE DATE OF PAYMENT OF SUCH TAX.                                   

      (D)  When an installment of taxes is not paid within the     553          

time prescribed by this section, or within the time so prescribed  554          

as extended pursuant to section 5719.031 of the Revised Code, a    555          

penalty of ten per cent of the amount due and unpaid shall accrue  556          

when the county treasurer closes his THE TREASURER'S office for    557          

business on the last day so prescribed, but if the taxes are paid  559          

within ten days subsequent to the last day prescribed, the         560          

treasurer shall waive the collection of, and the auditor shall     561          

remit one-half of, the penalty.  The treasurer shall not           562          

thereafter accept less than the full amount of taxes and penalty,  563          

except as provided in division (E) of this section or section      564          

5719.05, 5711.32, or 5711.33 of the Revised Code.                  565          

      (E)  Any partial payment of taxes tendered to a county       567          

                                                          14     

                                                                 
treasurer may be accepted if the treasurer determines that the     568          

amount tendered was intended by the taxpayer to be equal to the    569          

amount due but is more or less than such amount as a result of     570          

what appears to the treasurer to be an obvious taxpayer error.     571          

The treasurer may accept a partial payment in which the only       572          

unpaid amount is the amount of a penalty for late payment          573          

provided the taxpayer files with the payment a copy of his THE     574          

TAXPAYER'S application to the auditor for a remission of the       576          

penalty or the payment is received within ten days of the last     577          

date the taxes could have been paid without penalty.  Any          578          

overpayment shall be refunded by the treasurer in the manner most  579          

convenient to the treasurer.  When the amount tendered and         580          

accepted is less than the amount due, the unpaid balance shall be  581          

treated as other unpaid taxes, and, except when the unpaid amount  582          

is the penalty, the treasurer shall notify the taxpayer of such    583          

deficiency.                                                                     

      Section 2.  That existing sections 321.45, 323.12, 323.31,   585          

5711.33, 5715.39, and 5719.03 of the Revised Code are hereby       586          

repealed.                                                          587