As Reported by House Ways and Means Committee            1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 672  5            

      1999-2000                                                    6            


REPRESENTATIVES PETERSON-SCHULER-MOTTLEY-PERRY-HARTNETT-GRENDELL   7            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 135.22, 135.341, 319.202, 319.54,   11           

                321.24, 321.46, 323.153, 323.156, 323.31,          12           

                323.611, 1317.13, 4501.01, 4503.06, 4503.061,      13           

                4503.063, 4503.067, 4505.06, 4505.11, 4513.01,     14           

                4517.01, 4517.03, 4517.24, 5701.02, and 5739.0210  15           

                and to enact section 321.47 of the Revised Code    16           

                to specify the application date of certain         17           

                provisions of Am. Sub. S.B. 142 of the 122nd       18           

                General Assembly, to make other clarifications                  

                regarding the taxation of manufactured and mobile  19           

                homes, and to suspend the investment powers of     20           

                county treasurers who fail to meet continuing      21           

                education requirements.                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 135.22, 135.341, 319.202, 319.54,  25           

321.24, 321.46, 323.153, 323.156, 323.31, 323.611, 1317.13,        27           

4501.01, 4503.06, 4503.061, 4503.063, 4503.067, 4505.06, 4505.11,  28           

4513.01, 4517.01, 4517.03, 4517.24, 5701.02, and 5739.0210 be      29           

amended and section 321.47 of the Revised Code be enacted to read  31           

as follows:                                                                     

      Sec. 135.22.  (A)  For purposes of this section:             40           

      (1)  "Treasurer" has the same meaning as in section 135.01   42           

of the Revised Code, but does not include the treasurer of state.  43           

"Treasurer" includes any person whose duties include making        44           

investment decisions with respect to the investment or deposit of  45           

interim moneys.                                                                 

                                                          2      


                                                                 
      (2)  "Subdivision" has the same meaning as in section        47           

135.01 of the Revised Code.                                        48           

      (B)  To enhance the background and working knowledge of      50           

treasurers in investments, cash management, and ethics, the        51           

treasurer of state shall provide annual continuing education       52           

programs for treasurers.  A treasurer annually shall complete the  54           

continuing education programs described in this section, unless    55           

the treasurer, IF NOT A COUNTY TREASURER, annually provides a      56           

notice of exemption described in division (E) of this section.     57           

      (C)  The treasurer of state shall determine the manner,      59           

content, and length of the continuing education programs after     60           

consultation with appropriate statewide organizations of local     61           

government officials.                                                           

      (D)  Upon successful completion of a continuing education    63           

program required by this section, the treasurer of state shall     64           

issue a certificate indicating that the treasurer has              65           

successfully completed the continuing education program                         

prescribed by the treasurer of state.  The treasurer of state      66           

shall forward to the auditor of state any certificates issued      67           

pursuant to this division by the treasurer of state.  The auditor  68           

of state shall maintain in the auditor's records any certificates  69           

forwarded by the treasurer of state pursuant to this division.     70           

As part of the auditor of state's audit of the subdivision                      

conducted in accordance with section 117.11 of the Revised Code,   71           

the auditor of state shall report whether the treasurer is in      72           

compliance with this section of the Revised Code.                  73           

      (E)  Division (B) of this section does not apply to any      76           

treasurer WHO IS NOT A COUNTY TREASURER AND who annually provides  77           

a notice of exemption to the auditor of state.  The notice shall   78           

be certified by the treasurer of state and shall provide that the  79           

treasurer is not subject to the continuing education requirements  80           

set forth in division (B) of this section, because the treasurer   81           

invests or deposits public moneys in the following investments     82           

only:                                                                           

                                                          3      


                                                                 
      (1)  Interim deposits pursuant to division (B)(3) of         84           

section 135.14 of the Revised Code;                                85           

      (2)  No-load money market mutual funds pursuant to division  87           

(B)(5) of section 135.14 of the Revised Code;                      88           

      (3)  The Ohio subdivision's fund pursuant to division        90           

(B)(6) of section 135.14 of the Revised Code.                      92           

      (F)  In carrying out the duties required by this section,    94           

the treasurer of state may charge the subdivision served by the    95           

treasurer a registration fee that will meet actual and necessary   96           

expenses in connection with the training of the treasurer,         97           

including instruction fees, site acquisition costs, and the cost   98           

of course materials.  Any necessary personal expenses of a                      

treasurer incurred as a result of attending the continuing         99           

education courses shall be borne by the subdivision represented    100          

by the treasurer.                                                               

      (G)  The treasurer of state may allow any other interested   102          

person to attend any of the continuing education programs that     103          

are held pursuant to this section, provided that before attending  104          

any such continuing education program, the interested person has   105          

paid to the treasurer of state the full registration fee set for   106          

the continuing education program.                                               

      (H)  All funds collected pursuant to this section shall be   108          

paid into the county treasurer education fund created pursuant to  109          

section 321.46 of the Revised Code, and the actual and necessary   111          

expenses of the treasurer of state in conducting the continuing    112          

education programs required by this section shall be paid from     113          

this fund.                                                                      

      (I)  The treasurer of state may adopt reasonable rules not   115          

inconsistent with this section for the implementation of this      116          

section.                                                                        

      Sec. 135.341.  (A)  There shall be a county investment       125          

advisory committee consisting of three members:  two county        126          

commissioners to be designated by the board of county              128          

commissioners, and the county treasurer.                           129          

                                                          4      


                                                                 
      Notwithstanding the preceding sentence, the board of county  131          

commissioners may declare that all three county commissioners      132          

shall serve on the county investment advisory committee.  If the   133          

board so declares, the county investment advisory committee shall  134          

consist of five members:  the three county commissioners, the      135          

county treasurer, and the clerk of the court of common pleas of    136          

the county.                                                                     

      (B)  The committee shall elect its own chairperson, and      138          

committee members shall receive no additional compensation for     139          

the performance of their duties as committee members.              140          

      (C)  The committee shall establish written county            143          

investment policies and shall meet at least once every three       144          

months, to review or revise its policies and to advise the         145          

investing authority on the county investments in order to ensure   146          

the best and safest return of funds available to the county for    147          

deposit or investment.  Any member of the county investment        148          

advisory committee, upon giving five days' notice, may call a      149          

meeting of the committee.  The committee's policies may establish  150          

a limit on the period of time that moneys may be invested in any   151          

particular type of investment.                                                  

      (D)  The committee is authorized to retain the services of   153          

an investment advisor, provided that the advisor is licensed by    154          

the division of securities under section 1707.141 of the Revised   155          

Code or is registered with the securities and exchange             156          

commission, and possesses public funds investment management       158          

experience, specifically in the area of state and local                         

government investment portfolios, or the advisor is an eligible    159          

institution mentioned in section 135.03 of the Revised Code.       160          

      (E)  THE COMMITTEE SHALL ACT AS THE INVESTING AUTHORITY IN   162          

PLACE OF THE COUNTY TREASURER FOR PURPOSES OF INVESTING COUNTY     163          

FUNDS AND MANAGING THE COUNTY PORTFOLIO WHEN ORDERED TO DO SO BY   165          

A COURT PURSUANT TO SECTION 321.47 OF THE REVISED CODE.  THE       166          

COMMITTEE MAY RETAIN THE SERVICES OF AN INVESTMENT ADVISOR,                     

DESCRIBED IN DIVISION (D) OF THIS SECTION, FOR SUCH PURPOSES.      167          

                                                          5      


                                                                 
      (F)  Nothing in this section affects the authority of any    169          

of the officers mentioned in section 325.27 of the Revised Code    170          

to contract for the services of fiscal and management consultants  171          

pursuant to section 325.17 of the Revised Code.                    172          

      Sec. 319.202.  Before the county auditor indorses any real   181          

property conveyance or manufactured or mobile home conveyance      182          

presented to the auditor pursuant to section 319.20 of the         184          

Revised Code or registers any manufactured or mobile home                       

conveyance pursuant to section 4503.061 of the Revised Code, the   186          

grantee or the grantee's representative shall submit in            187          

triplicate a statement, prescribed by the tax commissioner, and    188          

other information as the county auditor may require, declaring     189          

the value of real property or manufactured or mobile home          190          

conveyed, except that when the transfer is exempt under division   191          

(F)(3) of section 319.54 of the Revised Code only a statement of   192          

the reason for the exemption shall be required.  Each statement    193          

submitted under this section shall contain the information         194          

required under divisions (A) and (B) of this section.              195          

      (A)  Each statement submitted under this section shall       197          

either:                                                            198          

      (1)  Contain an affirmation by the grantee that the grantor  200          

has been asked by the grantee or the grantee's representative      202          

whether to the best of the grantor's knowledge either the                       

preceding or the current year's taxes on the real property or the  204          

current or following year's taxes on the manufactured or mobile    205          

home conveyed will be reduced under division (A) of section        206          

323.152 OR UNDER SECTION 4503.065 of the Revised Code and that     208          

the grantor indicated that to the best of the grantor's knowledge  209          

the taxes will not be so reduced; or                                            

      (2)  Be accompanied by a sworn or affirmed instrument        211          

stating:                                                           212          

      (a)  To the best of the grantor's knowledge the real         214          

property or the manufactured or mobile home that is the subject    215          

of the conveyance is eligible for and will receive a reduction in  217          

                                                          6      


                                                                 
taxes for or payable in the current year under division (A) of     218          

section 323.152 OR UNDER SECTION 4503.065 of the Revised Code and  220          

that the reduction or reductions will be reflected in the          221          

grantee's taxes;                                                                

      (b)  The estimated amount of such reductions that will be    223          

reflected in the grantee's taxes;                                  224          

      (c)  That the grantor and the grantee have considered and    226          

accounted for the total estimated amount of such reductions to     227          

the satisfaction of both the grantee and the grantor.  The         228          

auditor shall indorse the instrument, return it to the grantee or  229          

the grantee's representative, and provide a copy of the indorsed   231          

instrument to the grantor or the grantor's representative.         232          

      (B)  Each statement submitted under this section shall       234          

either:                                                            235          

      (1)  Contain an affirmation by the grantee that the grantor  237          

has been asked by the grantee or the grantee's representative      239          

whether to the best of the grantor's knowledge the real property   240          

conveyed qualified for the current agricultural use valuation      241          

under section 5713.30 of the Revised Code either for the           242          

preceding or the current year and that the grantor indicated that  243          

to the best of the grantor's knowledge the property conveyed was   244          

not so qualified; or                                               245          

      (2)  Be accompanied by a sworn or affirmed instrument        247          

stating:                                                           248          

      (a)  To the best of the grantor's knowledge the real         250          

property conveyed was qualified for the current agricultural use   251          

valuation under section 5713.30 of the Revised Code either for     252          

the preceding or the current year;                                 253          

      (b)  To the extent that the property will not continue to    255          

qualify for the current agricultural use valuation either for the  256          

current or the succeeding year, that the property will be subject  257          

to a recoupment charge equal to the tax savings in accordance      258          

with section 5713.34 of the Revised Code;                          259          

      (c)  That the grantor and the grantee have considered and    261          

                                                          7      


                                                                 
accounted for the total estimated amount of such recoupment, if    262          

any, to the satisfaction of both the grantee and the grantor.      263          

The auditor shall indorse the instrument, forward it to the        264          

grantee or the grantee's representative, and provide a copy of     266          

the indorsed instrument to the grantor or the grantor's            267          

representative.                                                                 

      (C)  The grantor shall pay the fee required by division      269          

(F)(3) of section 319.54 of the Revised Code; and, in the event    270          

the board of county commissioners of the county has levied a real  271          

property or a manufactured home transfer tax pursuant to Chapter   272          

322. of the Revised Code, the amount required by the real          274          

property or manufactured home transfer tax so levied.  If the      275          

conveyance is exempt from the fee provided for in division (F)(3)  276          

of section 319.54 of the Revised Code and the tax, if any, levied  277          

pursuant to Chapter 322. of the Revised Code, the reason for such  278          

exemption shall be shown on the statement.  "Value" means, in the  279          

case of any deed or certificate of title not a gift in whole or    280          

part, the amount of the full consideration therefor, paid or to    281          

be paid for the real estate or manufactured or mobile home         282          

described in the deed or title, including the amount of any        285          

mortgage or vendor's lien thereon.  If property sold under a land  286          

installment contract is conveyed by the seller under such                       

contract to a third party and the contract has been of record at   287          

least twelve months prior to the date of conveyance, "value"       288          

means the unpaid balance owed to the seller under the contract at  289          

the time of the conveyance, but the statement shall set forth the  290          

amount paid under such contract prior to the date of conveyance.   291          

In the case of a gift in whole or part, "value" means the          292          

estimated price the real estate or manufactured or mobile home     293          

described in the deed or certificate of title would bring in the   294          

open market and under the then existing and prevailing market      295          

conditions in a sale between a willing seller and a willing        296          

buyer, both conversant with the property and with prevailing       297          

general price levels.  No person shall willfully falsify the       298          

                                                          8      


                                                                 
value of property conveyed.                                        299          

      (D)  The auditor shall indorse each conveyance on its face   301          

to indicate the amount of the conveyance fee and compliance with   302          

this section.  The auditor shall retain the original copy of the   303          

statement of value, forward to the tax commissioner one copy on    304          

which shall be noted the most recent assessed value of the         305          

property, and furnish one copy to the grantee or the grantee's     307          

representative.                                                                 

      (E)  In order to achieve uniform administration and          309          

collection of the real property transfer fee required by division  310          

(F)(3) of section 319.54 of the Revised Code, the tax              311          

commissioner shall adopt and promulgate rules for the              312          

administration and enforcement of the levy and collection of such  313          

fee.                                                               314          

      Sec. 319.54.  (A)  On all moneys collected by the county     323          

treasurer on any tax duplicate of the county, other than estate    324          

tax duplicates, and on all moneys received as advance payments of  325          

personal property and classified property taxes, the county        326          

auditor, on settlement with the treasurer and tax commissioner,    327          

on or before the date prescribed by law for such settlement or     328          

any lawful extension of such date, shall be allowed as             329          

compensation for the county auditor's services the following       330          

percentages:                                                       331          

      (1)  On the first one hundred thousand dollars, two and      333          

one-half per cent;                                                 334          

      (2)  On the next two million dollars, eight thousand three   336          

hundred eighteen ten-thousandths of one per cent;                  337          

      (3)  On the next two million dollars, six thousand six       339          

hundred fifty-five ten-thousandths of one per cent;                340          

      (4)  On all further sums, one thousand six hundred           342          

sixty-three ten-thousandths of one per cent.                       343          

      If any settlement is not made on or before the date          345          

prescribed by law for such settlement or any lawful extension of   346          

such date, the aggregate compensation allowed to the auditor       347          

                                                          9      


                                                                 
shall be reduced one per cent for each day such settlement is      348          

delayed after the prescribed date.  No penalty shall apply if the  349          

auditor and treasurer grant all requests for advances up to        350          

ninety per cent of the settlement pursuant to section 321.34 of    351          

the Revised Code.  The compensation allowed in accordance with     352          

this section on settlements made before the dates prescribed by    353          

law, or the reduced compensation allowed in accordance with this   354          

section on settlements made after the date prescribed by law or    355          

any lawful extension of such date, shall be apportioned ratably    356          

by the auditor and deducted from the shares or portions of the     357          

revenue payable to the state as well as to the county, townships,  358          

municipal corporations, and school districts.                      359          

      (B)  From all moneys collected by the county treasurer on    361          

any tax duplicate of the county, other than estate tax             362          

duplicates, and on all moneys received as advance payments of      363          

personal property and classified property taxes, there shall be    364          

paid into the county treasury to the credit of the real estate     365          

assessment fund created by section 325.31 of the Revised Code, an  366          

amount to be determined by the county auditor, which shall not     367          

exceed the following percentages:                                  368          

      (1)  On the first one hundred thousand dollars, three and    370          

one-half per cent;                                                 371          

      (2)  On the next three million dollars, one and              373          

three-eighths per cent;                                            374          

      (3)  On the next three million dollars, one per cent;        376          

      (4)  On all further sums not exceeding one hundred fifty     378          

million dollars, three-quarters of one per cent;                   379          

      (5)  On amounts exceeding one hundred fifty million          381          

dollars, six-tenths of one per cent.                               382          

      Such compensation shall be apportioned ratably by the        384          

auditor and deducted from the shares or portions of the revenue    385          

payable to the state as well as to the county, townships,          386          

municipal corporations, and school districts.                      387          

      (C)  Each county auditor shall receive four per cent of the  389          

                                                          10     


                                                                 
amount of tax collected and paid into the county treasury, on      390          

property omitted and placed by the county auditor on the tax       391          

duplicate.                                                         392          

      (D)  On all estate tax moneys collected by the county        394          

treasurer, the county auditor, on settlement semiannually with     395          

the tax commissioner, shall be allowed, as compensation for the    396          

auditor's services under Chapter 5731. of the Revised Code, the    398          

following percentages:                                             399          

      (1)  Four per cent on the first one hundred thousand         401          

dollars;                                                           402          

      (2)  One-half of one per cent on all additional sums.        404          

      Such percentages shall be computed upon the amount           406          

collected and reported at each semiannual settlement, and shall    407          

be for the use of the general fund of the county.                  408          

      (E)  On all cigarette license moneys collected by the        410          

county treasurer, the county auditor, on settlement semiannually   411          

with the treasurer, shall be allowed as compensation for the       412          

auditor's services in the issuing of such licenses one-half of     414          

one per cent of such moneys, to be apportioned ratably and         415          

deducted from the shares of the revenue payable to the county and  416          

subdivisions, for the use of the general fund of the county.       417          

      (F)  The county auditor shall charge and receive fees as     419          

follows:                                                           420          

      (1)  For deeds of land sold for taxes to be paid by the      422          

purchaser, five dollars;                                           423          

      (2)  For the transfer or entry of land, lot, or part of      425          

lot, to be paid by the person requiring it OR THE TRANSFER OR      426          

ENTRY ON OR AFTER JANUARY 1, 2000, OF A USED MANUFACTURED HOME OR  427          

MOBILE HOME AS DEFINED IN SECTION 5739.0210 OF THE REVISED CODE,   428          

fifty cents for each transfer OR ENTRY, TO BE PAID BY THE PERSON   429          

REQUIRING IT;                                                                   

      (3)  For receiving statements of value and administering     431          

section 319.202 of the Revised Code, one dollar, or ten cents per  432          

hundred dollars for each one hundred dollars, or fraction of one   433          

                                                          11     


                                                                 
hundred dollars, whichever is greater, of the value of the real    435          

property transferred or, for sales occurring on or after January   436          

1, 2000, the value of the used manufactured home or used mobile    437          

home, as defined in division (A)(6) of section 5739.0210 of the    439          

Revised Code, transferred, except no fee shall be charged when     440          

the transfer is made:                                              441          

      (a)  To or from the United States, this state, or any        443          

instrumentality, agency, or political subdivision of the United    444          

States or this state;                                              445          

      (b)  Solely in order to provide or release security for a    447          

debt or obligation;                                                448          

      (c)  To confirm or correct a deed previously executed and    450          

recorded;                                                          451          

      (d)  To evidence a gift, in trust or otherwise and whether   453          

revocable or irrevocable, between husband and wife, or parent and  454          

child or the spouse of either;                                     455          

      (e)  On sale for delinquent taxes or assessments;            457          

      (f)  Pursuant to court order, to the extent that such        459          

transfer is not the result of a sale effected or completed         460          

pursuant to such order;                                            461          

      (g)  Pursuant to a reorganization of corporations or         463          

unincorporated associations or pursuant to the dissolution of a    464          

corporation, to the extent that the corporation conveys the        465          

property to a stockholder as a distribution in kind of the         466          

corporation's assets in exchange for the stockholder's shares in   467          

the dissolved corporation;                                         468          

      (h)  By a subsidiary corporation to its parent corporation   470          

for no consideration, nominal consideration, or in sole            471          

consideration of the cancellation or surrender of the              472          

subsidiary's stock;                                                473          

      (i)  By lease, whether or not it extends to mineral or       475          

mineral rights, unless the lease is for a term of years renewable  476          

forever;                                                           477          

      (j)  When the value of the real property or the              479          

                                                          12     


                                                                 
manufactured or mobile home or the value of the interest that is   481          

conveyed does not exceed one hundred dollars;                                   

      (k)  Of an occupied residential property, including a        483          

manufactured or mobile home, being transferred to the builder of   484          

a new residence or to the dealer of a new manufactured or mobile   485          

home when the former residence is traded as part of the            486          

consideration for the new residence or new manufactured or mobile  487          

home;                                                                           

      (l)  To a grantee other than a dealer in real property or    489          

in manufactured or mobile homes, solely for the purpose of, and    490          

as a step in, the prompt sale of the real property or              491          

manufactured or mobile home to others;                                          

      (m)  To or from a person when no money or other valuable     493          

and tangible consideration readily convertible into money is paid  494          

or to be paid for the real estate or manufactured or mobile home   495          

and the transaction is not a gift;                                 497          

      (n)  Pursuant to division (B) of section 317.22 of the       499          

Revised Code, or to section 2113.61 of the Revised Code, between   501          

spouses or to a surviving spouse pursuant to section 5302.17 of    502          

the Revised Code as it existed prior to April 4, 1985, between     503          

persons pursuant to section 5302.17 or 5302.18 of the Revised      504          

Code on or after April 4, 1985, to a person who is a surviving,    505          

survivorship tenant pursuant to section 5302.17 of the Revised     506          

Code on or after April 4, 1985, or pursuant to section 5309.45 of  507          

the Revised Code;                                                               

      (o)  To a trustee acting on behalf of minor children of the  509          

deceased;                                                          510          

      (p)  Of an easement or right-of-way when the value of the    512          

interest conveyed does not exceed one thousand dollars;            513          

      (q)  Of property sold to a surviving spouse pursuant to      515          

section 2106.16 of the Revised Code;                               516          

      (r)  To or from an organization exempt from federal income   518          

taxation under section 501(c)(3) of the "Internal Revenue Code of  519          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    520          

                                                          13     


                                                                 
transfer is without consideration and is in furtherance of the     521          

charitable or public purposes of such organization;                522          

      (s)  Among the heirs at law or devisees, including a         524          

surviving spouse, of a common decedent, when no consideration in   525          

money is paid or to be paid for the real property or manufactured  526          

or mobile home;                                                    527          

      (t)  To a trustee of a trust, when the grantor of the trust  529          

has reserved an unlimited power to revoke the trust;               530          

      (u)  To the grantor of a trust by a trustee of the trust,    532          

when the transfer is made to the grantor pursuant to the exercise  533          

of the grantor's power to revoke the trust or to withdraw trust    534          

assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  536          

the transfer from the grantor of the trust to the trustee or if    537          

the transfer is made pursuant to trust provisions which became     538          

irrevocable at the death of the grantor;                           539          

      (w)  To a corporation for incorporation into a sports        541          

facility constructed pursuant to section 307.696 of the Revised    542          

Code;                                                              543          

      (x)  Between persons pursuant to section 5302.18 of the      545          

Revised Code.                                                                   

      The auditor shall compute and collect the fee.  The auditor  547          

shall maintain a numbered receipt system, as prescribed by the     548          

tax commissioner, and use such receipt system to provide a         549          

receipt to each person paying a fee.  The auditor shall deposit    550          

the receipts of the fees on conveyances in the county treasury     551          

daily to the credit of the general fund of the county.             552          

      The real property transfer fee provided for in division      554          

(F)(3) of this section shall be applicable to any conveyance of    555          

real property presented to the auditor on or after January 1,      556          

1968, regardless of its time of execution or delivery.             557          

      THE TRANSFER FEE FOR A USED MANUFACTURED HOME OR USED        559          

MOBILE HOME SHALL BE COMPUTED BY AND PAID TO THE COUNTY AUDITOR    560          

OF THE COUNTY IN WHICH THE HOME IS LOCATED IMMEDIATELY PRIOR TO    561          

                                                          14     


                                                                 
THE TRANSFER.                                                                   

      Sec. 321.24.  (A)  On or before the fifteenth day of         571          

February, in each year, the county treasurer shall settle with     572          

the county auditor for all taxes and assessments that he THE       573          

TREASURER has collected on the general duplicate of real and       575          

public utility property at the time of making the settlement.      576          

      (B)  On or before the thirtieth day of June, in each year,   578          

the treasurer shall settle with the auditor for all advance        579          

payments of general personal and classified property taxes that    580          

he THE TREASURER has received at the time of making the            581          

settlement.                                                        582          

      (C)  On or before the tenth day of August, in each year,     584          

the treasurer shall settle with the auditor for all taxes and      585          

assessments that he THE TREASURER has collected on the general     586          

duplicates of real and public utility property at the time of      588          

making such settlement, not included in the preceding February     589          

settlement.                                                                     

      (D)  On or before the thirty-first day of October, in each   591          

year, the treasurer shall settle with the auditor for all taxes    592          

that he THE TREASURER has collected on the general personal and    593          

classified property duplicates, and for all advance payments of    595          

general personal and classified property taxes, not included in    596          

the preceding June settlement, that he THE TREASURER has received  597          

at the time of making such settlement.                             599          

      (E)  In the event the time for the payment of taxes is       601          

extended, pursuant to section 323.17 of the Revised Code, the      602          

date on or before which settlement for the taxes so extended must  603          

be made, as herein prescribed, shall be deemed to be extended for  604          

a like period of time.  At each such settlement, the auditor       605          

shall allow to the treasurer, on the moneys received or collected  606          

and accounted for by him THE TREASURER, his THE TREASURER'S fees,  608          

at the rate or percentage allowed by law, at a full settlement of  609          

the treasurer.                                                                  

      (F)  Within thirty days after the day of each settlement of  611          

                                                          15     


                                                                 
taxes required under divisions (A) and (C) of this section, the    612          

treasurer shall certify to the tax commissioner any adjustments    613          

which have been made to the amount certified previously pursuant   614          

to section 319.302 of the Revised Code and that the settlement     615          

has been completed.  Upon receipt of such certification, the       616          

commissioner shall provide for payment to the county treasurer     617          

from the general revenue fund of an amount equal to one-half of    618          

the amount certified by the treasurer in the preceding tax year    619          

under section 319.302 of the Revised Code.  Such payment shall be  620          

credited upon receipt to the county's undivided income tax fund,   621          

and the county auditor shall transfer to the county general fund   622          

from the amount thereof the total amount of all fees and charges   623          

which the auditor and treasurer would have been authorized to      624          

receive had such division SECTION not been in effect and that      625          

amount had been levied and collected as taxes.  The county         627          

auditor shall distribute the amount remaining among the various    628          

taxing districts in the county as if it had been levied,           629          

collected, and settled as real property taxes.                     630          

      (G)  Within thirty days after the day of the settlement      632          

required in division (D) of this section, the treasurer shall      633          

certify to the commissioner that the settlement has been           634          

completed.  Upon receipt of that certification, the commissioner   635          

shall provide for payment to the county treasurer from the         636          

general revenue fund of the amount certified under section         637          

319.311 of the Revised Code in the current year.  The payment      638          

shall be credited upon receipt to the county's undivided income    639          

tax fund, and the county auditor shall distribute the amount       640          

thereof among the various taxing districts of the county as if it  641          

had been levied, collected, and settled as personal property       642          

taxes.  The amount received by a taxing district under this        643          

division shall be apportioned among its funds in the same          644          

proportion as the current year's personal property taxes are       645          

apportioned.                                                       646          

      (H)(1)  ON OR BEFORE THE FIFTEENTH DAY OF APRIL EACH YEAR,   649          

                                                          16     


                                                                 
THE COUNTY TREASURER SHALL SETTLE WITH THE COUNTY AUDITOR FOR ALL               

MANUFACTURED HOME TAXES THAT THE COUNTY TREASURER HAS COLLECTED    651          

ON THE MANUFACTURED HOME TAX DUPLICATE AT THE TIME OF MAKING THE   652          

SETTLEMENT.                                                        653          

      (2)  ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER EACH YEAR,  655          

THE COUNTY TREASURER SHALL SETTLE WITH THE COUNTY AUDITOR FOR ALL  656          

REMAINING MANUFACTURED HOME TAXES THAT THE COUNTY TREASURER HAS    658          

COLLECTED ON THE MANUFACTURED HOME TAX DUPLICATE AT THE TIME OF    659          

MAKING THE SETTLEMENT.                                                          

      (3)  IF THE TIME FOR PAYMENT OF SUCH TAXES IS EXTENDED       661          

UNDER SECTION 4503.06 OF THE REVISED CODE, THE TIME FOR MAKING     662          

THE SETTLEMENT AS PRESCRIBED BY DIVISIONS (H)(1) AND (2) OF THIS   663          

SECTION IS EXTENDED FOR A LIKE PERIOD OF TIME.                     664          

      Sec. 321.46.  (A)  To enhance the background and working     674          

knowledge of county treasurers in governmental accounting,         675          

portfolio reporting and compliance, investments, and cash          676          

management, the auditor of state and the treasurer of state shall  677          

conduct education programs for persons elected for the first time  678          

to the office of county treasurer and shall hold annual            679          

continuing education programs for persons who continue to hold     680          

the office of county treasurer.  Education programs for newly      681          

elected county treasurers shall be held between the first day of   682          

December and the first Monday of September next following that     683          

person's election to the office of county treasurer.  Similar      684          

initial training may also be provided to any county treasurer who  685          

is appointed to fill a vacancy or who is elected at a special      686          

election.                                                                       

      (B)(1)  The auditor of state shall determine the manner and  688          

content of the education programs in the subject areas of          690          

governmental accounting and portfolio reporting and compliance.    691          

In those areas, newly elected county treasurers shall be required  692          

to take at least thirteen hours of education before taking         693          

office.                                                                         

      (2)  The treasurer of state shall determine the manner and   695          

                                                          17     


                                                                 
content of the education programs in the subject areas of          696          

investments and cash management.  In those areas, newly elected    697          

county treasurers shall be required to take at least thirteen      698          

hours of education before taking office.                           699          

      (3)  After completing one year in office, a county           701          

treasurer shall be required to take not less than twelve hours     702          

annually of continuing education.  The treasurer of state shall    703          

determine the manner and content of the education programs in the  704          

subject areas of investments, cash management, the collection of   705          

taxes, ethics, and any other subject area that the treasurer of                 

state determines is reasonably related to the duties of the        706          

office of the county treasurer.  The auditor of state shall        708          

determine the manner and content of the education programs in the  709          

subject areas of governmental accounting, portfolio reporting and  710          

compliance, office management, and any other subject area that                  

the auditor of state determines is reasonably related to the       711          

duties of the office of the county treasurer.                      712          

      (C)  The auditor of state and the treasurer of state may     715          

each charge counties a registration fee that will meet actual and  716          

necessary expenses of the training of county treasurers,           717          

including instructor fees, site acquisition costs, and the cost    718          

of course materials.  The necessary personal expenses of county    719          

treasurers as a result of attending the training programs shall    720          

be borne by the counties the treasurers represent.                 721          

      (D)  The auditor of state and the treasurer of state may     724          

allow any other interested person to attend any of the education   725          

programs that are held pursuant to this section, provided that     726          

before attending any such education program, the interested        727          

person shall pay to either the auditor of state or the treasurer   728          

of state, as appropriate, the full registration fee set for the    729          

education program.                                                              

      (E)  A IF A county treasurer who fails to complete the       732          

initial or continuing education programs required by this section               

without a valid health-related excuse or other special hardship    733          

                                                          18     


                                                                 
shall be restricted to investing in the Ohio subdivision's fund    734          

pursuant to division (A)(6) of section 135.35 of the Revised       735          

Code, in no-load money market mutual funds pursuant to division    736          

(A)(5) of section 135.35 of the Revised Code, or in time           737          

certificate of deposits or deposit accounts pursuant to division   739          

(A)(3) of section 135.35 of the Revised Code.  A county treasurer               

who has failed to complete the initial or continuing education     740          

programs and invests in other than the investments permitted by    741          

this division shall be subject to removal from office upon         742          

complaint and investigation by the county prosecuting attorney, a  743          

hearing, and a resolution adopted by the board of county           744          

commissioners approving the removal from office, THE COUNTY        745          

TREASURER'S AUTHORITY TO INVEST COUNTY FUNDS AND TO MANAGE THE     746          

COUNTY PORTFOLIO SHALL AUTOMATICALLY BE SUSPENDED AND TRANSFERRED  747          

TO THE COUNTY'S INVESTMENT ADVISORY COMMITTEE PURSUANT TO SECTION  748          

321.47 OF THE REVISED CODE.                                                     

      (F)(1)  There is hereby created in the state treasury the    751          

county treasurer education fund, to be used by the treasurer of    752          

state for actual and necessary expenses of education programs      754          

held pursuant to this section.  All registration fees collected    755          

by the treasurer of state under this section shall be paid into    756          

that fund.                                                                      

      (2)  All registration fees collected by the auditor of       758          

state under this section shall be paid into the auditor of state   759          

training program fund established under section 117.44 of the      760          

Revised Code.                                                                   

      (G)  The treasurer of state, with the advice and consent of  763          

the auditor of state, may adopt reasonable rules not inconsistent  764          

with this section for the implementation of this section.          765          

      Sec. 321.47.  (A)  BY THE FIFTEENTH DAY OF JANUARY OF EACH   768          

YEAR, THE AUDITOR OF STATE SHALL NOTIFY THE TREASURER OF STATE OF               

THE CONTINUING EDUCATION HOURS COMPLETED UNDER THE AUDITOR'S       769          

SUPERVISION OF EACH COUNTY TREASURER FOR THE PRECEDING CALENDAR    770          

YEAR PURSUANT TO SECTION 321.46 OF THE REVISED CODE.               771          

                                                          19     


                                                                 
      (B)  BY THE THIRTY-FIRST DAY OF JANUARY OF EACH YEAR, THE    773          

TREASURER OF STATE SHALL DETERMINE WHETHER ANY COUNTY TREASURER    774          

HAS FAILED TO MEET THE COUNTY TREASURER'S CONTINUING EDUCATION     775          

REQUIREMENTS AND SHALL NOTIFY ANY COUNTY TREASURER WHO HAS NOT     776          

COMPLETED THE REQUIREMENTS.  THE NOTICE SHALL CONTAIN THE          777          

FOLLOWING:                                                                      

      (1)  NOTIFICATION THAT THE TREASURER IS DEFICIENT IN         779          

CONTINUING EDUCATION HOURS;                                        780          

      (2)  NOTIFICATION THAT IF THE COUNTY TREASURER BELIEVES THE  782          

TREASURER OF STATE'S RECORDS ARE IN ERROR THE COUNTY TREASURER     783          

HAS ONE MONTH TO SUBMIT PROOF TO THE TREASURER OF STATE THAT THE   785          

COUNTY TREASURER'S CONTINUING EDUCATION IS CURRENT;                786          

      (3)  NOTIFICATION OF A DATE WITHIN THE FIRST TWO WEEKS OF    788          

MARCH WHEN CONTINUING EDUCATION COURSES WILL BE OFFERED IN THE     789          

OFFICES OF THE TREASURER OF STATE OR THE AUDITOR OF STATE BY       790          

VIDEOTAPE;                                                                      

      (4)  NOTIFICATION THAT COMPLETION OF THE REQUIREMENT MAY     792          

ALSO BE OBTAINED BY ATTENDING COURSES APPROVED BY THE AUDITOR OF   793          

STATE OR THE TREASURER OF STATE, BUT THAT THE COUNTY TREASURER'S   794          

CONTINUING EDUCATION REQUIREMENT MUST BE MADE CURRENT AND THAT     795          

THE TREASURER OF STATE MUST HAVE PROOF OF COMPLIANCE BY THE LAST   796          

DAY OF MARCH;                                                                   

      (5)  NOTIFICATION THAT IF THE COUNTY TREASURER HAS FAILED    798          

TO BRING THE COUNTY TREASURER'S CONTINUING EDUCATION REQUIREMENTS  799          

CURRENT BY THE LAST DAY OF MARCH, THE TREASURER OF STATE WILL      800          

NOTIFY THE PROSECUTOR OF THAT TREASURER'S COUNTY OF THAT FACT      801          

IMMEDIATELY.                                                                    

      (C)  IF A COUNTY TREASURER HAS FAILED TO MEET THE            803          

CONTINUING EDUCATION REQUIREMENTS OF SECTION 321.46 OF THE         804          

REVISED CODE FOR THE PRECEDING CALENDAR YEAR BY THE THIRTY-FIRST   806          

DAY OF MARCH OF ANY YEAR, THE TREASURER OF STATE SHALL PROMPTLY    808          

GIVE NOTICE OF THAT FACT TO THE PROSECUTING ATTORNEY OF THE        809          

COUNTY TREASURER'S COUNTY.                                                      

      UPON RECEIPT OF THE NOTICE, THE PROSECUTING ATTORNEY SHALL   811          

                                                          20     


                                                                 
PETITION THE COURT OF COMMON PLEAS OF THAT COUNTY FOR AN ORDER     812          

SUSPENDING THE COUNTY TREASURER'S AUTHORITY TO INVEST COUNTY       813          

FUNDS AND TO MANAGE THE COUNTY INVESTMENT PORTFOLIO.  THE          814          

PETITION SHALL CONTAIN A BRIEF STATEMENT OF THE FACTS AND SHALL    815          

SHOW THAT THE COUNTY TREASURER HAS FAILED TO MEET THE CONTINUING   816          

EDUCATION REQUIREMENTS OF SECTION 321.46 OF THE REVISED CODE.      817          

BEFORE OR SIMULTANEOUSLY WITH THE FILING OF THE PETITION, THE      819          

PROSECUTING ATTORNEY SHALL SERVE A COPY OF THE PETITION UPON THE   820          

COUNTY TREASURER PERSONALLY OR BY CERTIFIED MAIL, TOGETHER WITH A  821          

COPY OF THIS SECTION.  UPON THE FILING OF THE PETITION, THE        822          

COURT, ON THE MOTION OF THE PROSECUTING ATTORNEY, SHALL ENTER AN   823          

ORDER FIXING A DATE FOR HEARING NOT LATER THAN TWO WEEKS AFTER     824          

THE DATE OF FILING AND REQUIRING THAT A COPY OF THE ORDER BE       825          

GIVEN TO THE COUNTY TREASURER IN THE MANNER IN WHICH A SUMMONS IS  826          

REQUIRED TO BE SERVED OR SUBSTITUTED SERVICE IS REQUIRED TO BE     827          

MADE IN OTHER CASES.                                               828          

      ON THE DAY FIXED FOR THE HEARING, OR ANY ADJOURNMENT OF IT,  830          

THE COURT SHALL DETERMINE FROM THE PETITION AND SUCH EVIDENCE AS   831          

IS SUBMITTED BY EITHER PARTY WHETHER THE COUNTY TREASURER HAS MET  832          

THE CONTINUING EDUCATION REQUIREMENTS OF SECTION 321.46 OF THE     833          

REVISED CODE FOR THE PRECEDING CALENDAR YEAR.  IF THE COURT FINDS  835          

THAT THE COUNTY TREASURER HAS FAILED TO MEET SUCH CONTINUING       836          

EDUCATION REQUIREMENTS, IT SHALL ENTER AN ORDER TRANSFERRING THE   837          

COUNTY TREASURER'S AUTHORITY TO INVEST COUNTY FUNDS AND TO MANAGE  838          

THE COUNTY PORTFOLIO TO THE COUNTY'S INVESTMENT ADVISORY           839          

COMMITTEE UNTIL SUCH TIME AS THE COUNTY TREASURER HAS BECOME       840          

CURRENT IN CONTINUING EDUCATION REQUIREMENTS.                      841          

      THE COSTS OF THE PROCEEDING SHALL BE ASSESSED OR             843          

APPORTIONED AS THE COURT CONSIDERS EQUITABLE.                      844          

      UPON RECEIVING PROOF OF COMPLETION OF CONTINUING EDUCATION   846          

REQUIREMENTS FOR THE PRECEDING YEAR, THE TREASURER OF STATE SHALL  847          

NOTIFY THE PROSECUTING ATTORNEY THAT THE COUNTY TREASURER HAS      848          

BECOME CURRENT IN MEETING SUCH REQUIREMENTS.  THE PROSECUTING      849          

ATTORNEY SHALL SUBMIT SUCH INFORMATION TO THE COURT, AND THE       850          

                                                          21     


                                                                 
COURT SHALL ENTER AN ORDER TERMINATING THE AUTHORITY OF THE        851          

COUNTY'S INVESTMENT ADVISORY COMMITTEE TO INVEST COUNTY FUNDS AND  852          

TO MANAGE THE COUNTY PORTFOLIO AND RESTORING SUCH AUTHORITY TO     853          

THE COUNTY TREASURER.                                              854          

      THE PROCEEDING PROVIDED FOR IN DIVISION (C) OF THIS SECTION  856          

IS A SPECIAL PROCEEDING, AND FINAL ORDERS IN THE PROCEEDING MAY    857          

BE REVIEWED AND AFFIRMED, MODIFIED, OR REVERSED ON APPEAL          858          

PURSUANT TO THE RULES OF APPELLATE PROCEDURE AND, TO THE EXTENT    859          

NOT IN CONFLICT WITH THOSE RULES, CHAPTER 2505. OF THE REVISED     861          

CODE.                                                                           

      Sec. 323.153.  (A)  To obtain a reduction in real property   872          

taxes under division (A) or (B) of section 323.152 of the Revised  873          

Code or in manufactured home taxes under division (B) of section   874          

323.152 of the Revised Code, the owner shall file an application   875          

with the county auditor of the county in which the owner's         876          

homestead is located.                                                           

      (1)  An application for reduction based upon a physical      878          

disability shall be accompanied by a certificate signed by a       879          

physician, and an application for reduction based upon a mental    880          

disability shall be accompanied by a certificate signed by a       881          

physician or psychologist licensed to practice in this state,      882          

attesting to the fact that the applicant is permanently and        883          

totally disabled.  The certificate shall be in a form that the     884          

tax commissioner requires and shall include the definition of      885          

permanently and totally disabled as set forth in section 323.151   886          

of the Revised Code.  An application for reduction based upon a    887          

disability certified as permanent and total by a state or federal  888          

agency having the function of so classifying persons shall be      889          

accompanied by a certificate from that agency.  Such an            890          

application constitutes a continuing application for a reduction   891          

in taxes for each year in which the dwelling is the applicant's    892          

homestead and the amount of the reduction in taxable value to      893          

which the applicant is entitled does not exceed either the amount  895          

or percentage of the reduction to which the applicant was          896          

                                                          22     


                                                                 
entitled for the year in which the application was first filed.    898          

      (2)  An application for a reduction in taxes under division  900          

(B) of section 323.152 of the Revised Code shall be filed only if  902          

the homestead or manufactured or mobile home was transferred in    903          

the preceding year or did not qualify for and receive the          904          

reduction in taxes under that division for the preceding tax       905          

year.  The application for homesteads transferred in the           906          

preceding year shall be incorporated into any form used by the     908          

county auditor to administer the tax law in respect to the                      

conveyance of real property pursuant to section 319.20 of the      909          

Revised Code, and OR OF USED MANUFACTURED HOMES OR USED MOBILE     911          

HOMES AS DEFINED IN SECTION 5739.0210 OF THE REVISED CODE.  THE    912          

OWNER OF A MANUFACTURED OR MOBILE HOME WHO HAS ELECTED UNDER       913          

DIVISION (D)(4) OF SECTION 4503.06 OF THE REVISED CODE TO BE       914          

TAXED UNDER DIVISION (D)(2) OF THAT SECTION FOR THE ENSUING YEAR   915          

MAY FILE THE APPLICATION AT THE TIME OF MAKING THAT ELECTION.      916          

THE APPLICATION shall contain a statement that failure by the      918          

applicant to affirm on the application that the dwelling on the                 

property conveyed is the applicant's homestead prohibits the       919          

owner from receiving the reduction in taxes until a proper         920          

application is filed within the period prescribed by division      921          

(A)(3) of this section.  Such an application constitutes a         922          

continuing application for a reduction in taxes for each year in   923          

which the dwelling is the applicant's homestead.                                

      (3)  Failure to receive a new application filed under        925          

division (A)(1) or (2) or notification under division (C) of this  926          

section after a certificate of reduction has been issued under     927          

section 323.154 of the Revised Code is prima-facie evidence that   928          

the original applicant is entitled to the reduction in taxes       929          

calculated on the basis of the information contained in the        931          

original application.  The original application and any                         

subsequent application, including any late application, shall be   932          

in the form of a signed statement and shall be filed after the     933          

first Monday in January and not later than the first Monday in     934          

                                                          23     


                                                                 
June.  The original application and any subsequent application     935          

for a reduction in real property taxes shall be filed in the year  936          

for which the reduction is sought.  The original application and   937          

any subsequent application for a reduction in manufactured home    938          

taxes shall be filed in the year preceding the year for which the  939          

reduction is sought.  The statement shall be on a form, devised    940          

and supplied by the tax commissioner, which shall require no more  941          

information than is necessary to establish the applicant's         942          

eligibility for the reduction in taxes and the amount of the       943          

reduction, and shall include an affirmation by the applicant that  944          

ownership of the homestead was not acquired from a person, other   945          

than a the applicant's spouse, related to the owner by             946          

consanguinity or affinity for the purpose of qualifying for the    947          

real property or manufactured home tax reduction provided for in   948          

division (A) or (B) of section 323.152 of the Revised Code.  The   949          

form shall contain a statement that conviction of willfully                     

falsifying information to obtain a reduction in taxes or failing   950          

to comply with division (C) of this section results in the         951          

revocation of the right to the reduction for a period of three     952          

years.  In the case of an application for a reduction in taxes     953          

under division (A) of section 323.152 of the Revised Code, the     954          

form shall contain a statement that signing the application        955          

constitutes a delegation of authority by the applicant to the      956          

county auditor to examine any financial records relating to        957          

income earned by the applicant as stated on the application for    958          

the purpose of determining a possible violation of division (D)    959          

or (E) of this section.                                            960          

      (B)  A late application for a tax reduction for the year     962          

preceding the year in which an original application is filed, or   963          

for a reduction in manufactured home taxes for the year in which   964          

an original application is filed, may be filed with the original   965          

application.  If the county auditor determines the information     967          

contained in the late application is correct, the auditor shall    968          

determine the amount of the reduction in taxes to which the        969          

                                                          24     


                                                                 
applicant would have been entitled for the preceding tax year had  970          

the applicant's application been timely filed and approved in      971          

that year.                                                                      

      The amount of such reduction shall be treated by the         973          

auditor as an overpayment of taxes by the applicant and shall be   974          

refunded in the manner prescribed in section 5715.22 of the        975          

Revised Code for making refunds of overpayments.  On the first     976          

day of July of each year, the county auditor shall certify the     977          

total amount of the reductions in taxes made in the current year   978          

under this division to the tax commissioner, who shall treat the   979          

full amount thereof as a reduction in taxes for the preceding tax  980          

year and shall make reimbursement to the county therefor in the    981          

manner prescribed by section 323.156 of the Revised Code, from     982          

money appropriated for that purpose.                               983          

      (C)  If, in any year after an application has been filed     985          

under division (A)(1) or (2) of this section, the owner does not   987          

qualify for a reduction in taxes on the homestead or on the                     

manufactured or mobile home set forth on such application, or      989          

qualifies for a reduction in taxes that is to be based upon a      990          

reduction in taxable value less than either the percentage or      991          

amount of the reduction in taxable value to which the owner was    992          

entitled in the year the application was filed, the owner shall    993          

notify the county auditor that the owner is not qualified for a    994          

reduction in taxes or file a new application under division        995          

(A)(1) or (2) of this section.  If the county auditor or county    996          

treasurer discovers that the owner of property not entitled to     997          

the reduction in taxes under division (B) of section 323.152 of    999          

the Revised Code failed to notify the county auditor as required   1,000        

by this paragraph, a charge shall be imposed against the property  1,001        

in the amount by which taxes were reduced under that division for  1,002        

each tax year the county auditor ascertains that the property was  1,003        

not entitled to the reduction and was owned by the current owner.  1,004        

Interest shall accrue in the manner prescribed by division (B) of  1,005        

section 323.121 OR DIVISION (G)(2) OF SECTION 4503.06 of the       1,006        

                                                          25     


                                                                 
Revised Code on the amount by which taxes were reduced for each    1,008        

such tax year as if the reduction became delinquent taxes at the   1,009        

close of the last day the second installment of taxes for that                  

tax year could be paid without penalty.  The county auditor shall  1,011        

notify the owner, by ordinary mail, of the charge, of the owner's  1,012        

right to appeal the charge, and of the manner in which the owner   1,013        

may appeal.  The owner may appeal the imposition of the charge     1,014        

and interest by filing an appeal with the county board of          1,015        

revision not later than the last day prescribed for payment of     1,016        

real and public utility property taxes under section 323.12 of     1,017        

the Revised Code following receipt of the notice and occurring at  1,019        

least ninety days after receipt of the notice.  The appeal shall   1,020        

be treated in the same manner as a complaint relating to the       1,021        

valuation or assessment of real property under Chapter 5715. of    1,022        

the Revised Code.  The charge and any interest shall be collected  1,024        

as other delinquent taxes.                                                      

      Each year during January, the county auditor shall furnish   1,026        

by ordinary mail a continuing application to each person issued a  1,027        

certificate of reduction under section 323.154 of the Revised      1,028        

Code with respect to a reduction in taxes under division (A) of    1,029        

section 323.152 of the Revised Code.  The continuing application   1,030        

shall be used to report changes in total income that would have    1,031        

the effect of increasing or decreasing the reduction in taxable    1,032        

value to which the owner is entitled, changes in ownership of the  1,033        

homestead, including changes in or revocation of a revocable       1,034        

inter vivos trust, changes in disability, and other changes in     1,035        

the information earlier furnished the auditor relative to the      1,037        

reduction in taxes on the property.  The continuing application                 

shall be returned to the auditor not later than the first Monday   1,038        

in June; provided, that if such changes do not affect the status   1,039        

of the homestead exemption or the amount of the reduction to       1,040        

which the owner is entitled under division (A) of section 323.152  1,041        

of the Revised Code, the application does not need to be           1,042        

returned.                                                          1,043        

                                                          26     


                                                                 
      Each year during February, the county auditor, except as     1,045        

otherwise provided in this paragraph, shall furnish by ordinary    1,047        

mail an original application to the owner, as of the first day of  1,048        

January of that year, of a homestead or a manufactured or mobile                

home that transferred during the preceding calendar year and that  1,049        

qualified for and received a reduction in taxes under division     1,050        

(B) of section 323.152 of the Revised Code for the preceding tax   1,051        

year.  In order to receive the reduction under that division, the  1,052        

owner shall file the application with the county auditor not       1,053        

later than the first Monday in June.  If the application is not    1,054        

timely filed, the auditor shall not grant a reduction in taxes     1,055        

for the homestead for the current year, and shall notify the       1,056        

owner that the reduction in taxes has not been granted, in the     1,057        

same manner prescribed under section 323.154 of the Revised Code   1,058        

for notification of denial of an application.  Failure of an       1,059        

owner to receive an application does not excuse the failure of     1,061        

the owner to file an original application.  The county auditor is  1,062        

not required to furnish an application under this paragraph for    1,063        

any homestead for which application has previously been made on a  1,064        

form incorporated into any form used by the county auditor to      1,065        

administer the tax law in respect to the conveyance of real        1,066        

property OR OF USED MANUFACTURED HOMES OR USED MOBILE HOMES, and   1,067        

an owner who previously has applied on such a form is not          1,068        

required to return an application furnished under this paragraph.  1,069        

      (D)  No person shall knowingly make a false statement for    1,071        

the purpose of obtaining a reduction in the person's real          1,072        

property or manufactured home taxes under section 323.152 of the   1,073        

Revised Code.                                                                   

      (E)  No person shall knowingly fail to notify the county     1,075        

auditor of changes required by division (C) of this section that   1,076        

have the effect of maintaining or securing a reduction in taxable  1,077        

value of homestead property or a reduction in taxes in excess of   1,078        

the reduction allowed under section 323.152 of the Revised Code.   1,079        

      (F)  No person shall knowingly make a false statement or     1,081        

                                                          27     


                                                                 
certification attesting to any person's physical or mental         1,082        

condition for purposes of qualifying such person for tax relief    1,083        

pursuant to sections 323.151 to 323.157 of the Revised Code.       1,084        

      Sec. 323.156.  Within thirty days after a settlement of      1,093        

taxes under divisions (A) and, (C), AND (H) of section 321.24 of   1,095        

the Revised Code, the county treasurer shall certify to the tax    1,096        

commissioner one-half of the total amount of taxes on real         1,097        

property that were reduced pursuant to section 323.152 of the      1,098        

Revised Code for the preceding tax year, and one-half of the       1,099        

total amount of taxes on manufactured and mobile homes that were   1,100        

reduced pursuant to division (B) of section 323.152 of the         1,101        

Revised Code for the current tax year, as evidenced by the         1,103        

certificates of reduction and the tax duplicate certified to the   1,104        

county treasurer by the county auditor.  The commissioner, within  1,106        

thirty days of the receipt of such certification CERTIFICATIONS,   1,107        

shall provide for payment to the county treasurer, from the        1,108        

general revenue fund, of the amount certified, which shall be      1,110        

credited upon receipt to the county's undivided income tax fund,   1,111        

and an amount equal to two per cent of the amount by which taxes   1,112        

were reduced, which shall be credited upon receipt to the county   1,113        

general fund as a payment, in addition to the fees and charges     1,114        

authorized by sections 319.54 and 321.26 of the Revised Code, to   1,115        

the county auditor and treasurer for the costs of administering    1,116        

the exemption provided under sections 323.151 to 323.157 of the    1,117        

Revised Code.                                                                   

      Immediately upon receipt of funds into the county undivided  1,119        

income tax fund under this section, the auditor shall distribute   1,120        

the full amount thereof among the taxing districts in the county   1,121        

as though the total had been paid as taxes by each person for      1,122        

whom taxes were reduced under sections 323.151 to 323.157 of the   1,123        

Revised Code.                                                      1,124        

      Sec. 323.31.  (A)  A person who owns agricultural real       1,133        

property or owns and occupies residential real property or a       1,136        

manufactured or mobile home that does not have an outstanding tax  1,137        

                                                          28     


                                                                 
lien certificate or judgment of foreclosure against it, and a      1,138        

person who is a vendee of such property under a purchase                        

agreement or land contract and who occupies the property, shall    1,139        

have at least one opportunity to pay the delinquent or unpaid      1,140        

current taxes charged against the property by entering into a      1,142        

written delinquent tax contract with the county treasurer in a     1,144        

form prescribed or approved by the tax commissioner.  Subsequent   1,145        

opportunities to enter into a delinquent tax contract shall be at  1,146        

the county treasurer's sole discretion.                                         

      The treasurer may enter into a delinquent tax contract with  1,149        

an owner or vendee of real property, other than residential real   1,150        

property or a manufactured or mobile home that is occupied by the  1,151        

owner, and other than agricultural real property.                  1,152        

      The delinquent tax contract may be entered into at any time  1,155        

prior to the commencement of foreclosure proceedings by the        1,157        

county treasurer and the county prosecuting attorney pursuant to   1,159        

section 323.25 of the Revised Code or by the county prosecuting                 

attorney pursuant to section 5721.18 of the Revised Code, the      1,160        

commencement of foreclosure proceedings by a private attorney      1,161        

pursuant to section 5721.37 of the Revised Code, or the            1,162        

commencement of foreclosure and forfeiture proceedings pursuant    1,163        

to section 5721.14 of the Revised Code, OR THE COMMENCEMENT OF     1,164        

COLLECTION PROCEEDINGS PURSUANT TO DIVISION (H) OF SECTION         1,165        

4503.06 OF THE REVISED CODE BY THE FILING OF A CIVIL ACTION AS     1,166        

PROVIDED IN THAT DIVISION.  A duplicate copy of each delinquent    1,168        

tax contract shall be filed with the county auditor, who shall     1,170        

attach the copy to the delinquent land tax certificate,                         

delinquent vacant land tax certificate, or the delinquent          1,171        

manufactured home tax list, or who shall enter an asterisk in the  1,173        

margin next to the entry for the tract or lot on the master list   1,174        

of delinquent tracts, master list of delinquent vacant tracts, or  1,176        

next to the entry for the home on the delinquent manufactured      1,177        

home tax list, prior to filing it with the prosecuting attorney    1,178        

under section 5721.13 of the Revised Code, or, in the case of the  1,179        

                                                          29     


                                                                 
delinquent manufactured home tax list, prior to filing DELIVERING  1,181        

it with TO the county recorder TREASURER under division (H)(2) of  1,183        

section 4503.06 of the Revised Code.  If the delinquent tax        1,184        

contract is entered into after the certificate or the master list  1,186        

has been filed with the prosecuting attorney, the treasurer shall  1,187        

file the duplicate copy with the prosecuting attorney.             1,188        

      A delinquent tax contract entered into under this division   1,191        

shall provide for the payment of delinquent and unpaid current     1,192        

taxes in installments over a period not to exceed five years       1,194        

after the date of the first payment made under the contract;       1,195        

however, a person entering into a delinquent tax contract who      1,197        

owns and occupies residential real property may request, and the   1,198        

treasurer shall allow, a delinquent tax contract providing for     1,199        

payment in installments over a period of no fewer than two years   1,200        

after the date of the first payment made under the contract.       1,202        

      For each delinquent tax contract, the county treasurer       1,205        

shall determine and shall specify in the delinquent tax contract   1,206        

the number of installments, the amount of each installment, and    1,207        

the schedule for payment of the installments.  Each installment    1,209        

payment shall be apportioned among the several funds for which     1,210        

taxes have been assessed and shall be applied to the items of      1,211        

taxes charged in the order in which they became due.               1,212        

      When an installment payment is not received by the           1,214        

treasurer when due under a delinquent tax contract or any current  1,215        

taxes or special assessments charged against the property become   1,217        

unpaid, the delinquent tax contract becomes void unless the        1,219        

treasurer permits a new delinquent tax contract to be entered      1,221        

into; if the treasurer does not permit a new delinquent tax        1,222        

contract to be entered into, the treasurer shall certify to the    1,225        

auditor that the delinquent tax contract has become void.          1,227        

      Upon receipt of such a certification, the auditor shall      1,229        

destroy the duplicate copy of the voided delinquent tax contract.  1,231        

If such copy has been filed with the prosecuting attorney, the     1,232        

auditor immediately shall deliver the certification to the         1,233        

                                                          30     


                                                                 
prosecuting attorney, who shall attach it to the appropriate       1,234        

certificate and the duplicate copy of the voided delinquent tax    1,235        

contract or strike through the asterisk entered in the margin of   1,237        

the master list next to the entry for the tract or lot that is     1,238        

the subject of the voided delinquent tax contract.  The            1,239        

prosecuting attorney then shall institute a proceeding to          1,240        

foreclose the lien of the state in accordance with section 323.25  1,241        

or 5721.18 of the Revised Code or, in the case of delinquent       1,242        

vacant land, shall institute a foreclosure proceeding in           1,243        

accordance with section 323.25 or 5721.18 of the Revised Code, or  1,244        

a foreclosure and forfeiture proceeding in accordance with         1,245        

section 5721.14 of the Revised Code.  IN THE CASE OF A             1,246        

MANUFACTURED OR MOBILE HOME, THE COUNTY TREASURER SHALL CAUSE A    1,247        

CIVIL ACTION TO BE BROUGHT AS PROVIDED UNDER DIVISION (H) OF       1,248        

SECTION 4503.06 OF THE REVISED CODE.                                            

      (B)  If there is an outstanding tax certificate respecting   1,251        

a delinquent parcel under section 5721.32 or 5721.33 of the        1,252        

Revised Code, a written delinquent tax contract may not be         1,254        

entered into under this section.  To redeem a tax certificate in   1,255        

installments, the owner or other person seeking to redeem the tax  1,257        

certificate shall enter into a redemption payment plan under                    

division (C) of section 5721.38 of the Revised Code.               1,259        

      Sec. 323.611.  At the request of the county treasurer, a     1,269        

board of county commissioners may enter into a contract with any   1,270        

financial institution under which the financial institution, in    1,271        

accordance with the terms of the contract, receives real property  1,272        

AND MANUFACTURED HOME tax payments at a post office box, opens     1,273        

the mail delivered to that box, processes the checks and other     1,275        

payments received in such mail and deposits them into the          1,276        

treasurer's account, and provides the county treasurer daily       1,277        

receipt information with respect to such payments.  The contract   1,278        

shall not be entered into unless:                                  1,279        

      (A)  There is attached to the contract a certification by    1,281        

the auditor of state that the financial institution and the        1,282        

                                                          31     


                                                                 
treasurer have given assurances satisfactory to the auditor of     1,283        

state that the records of the financial institution, to the        1,284        

extent that they relate to tax payments covered by the contract,   1,285        

shall be subject to audit by the auditor of state to the same      1,286        

extent as if the services for which the financial institution has  1,287        

agreed to perform were being performed by the treasurer;           1,288        

      (B)  The contract is awarded in accordance with sections     1,290        

307.86 to 307.92 of the Revised Code;                              1,291        

      (C)  The treasurer's surety bond includes within its         1,293        

coverage any loss that might occur as the result of the contract;  1,294        

      (D)  The provisions of the contract do not conflict with     1,296        

accounting and reporting requirements prescribed by the auditor    1,297        

of state.                                                          1,298        

      Sec. 1317.13.  Notwithstanding AS USED IN THIS SECTION,      1,307        

"MOTOR VEHICLE" AND "MOBILE HOME" HAVE THE SAME MEANINGS AS IN     1,308        

SECTION 4501.01 OF THE REVISED CODE, AND "MANUFACTURED HOME" HAS   1,309        

THE SAME MEANING AS IN SECTION 3781.06 OF THE REVISED CODE.                     

      NOTWITHSTANDING the provisions of section 1309.46 of the     1,312        

Revised Code or any agreement by the parties to a consumer                      

transaction to the contrary, a secured party whose security        1,313        

interest is taken pursuant to section 1317.071 of the Revised      1,314        

Code, shall not be entitled to take possession of the collateral,  1,315        

except for collateral that is a motor vehicle as defined in        1,316        

section 4501.01 of the Revised Code, A MANUFACTURED HOME, or a     1,317        

mobile home, upon default by the debtor if the time balance at     1,319        

the time of the default is less than twenty-five per cent of the   1,320        

sum of the time balance on the day such retail installment                      

contract was executed and the down payment recited in such         1,321        

contract.                                                                       

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   1,331        

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         1,332        

Revised Code, and in the penal laws, except as otherwise           1,333        

provided:                                                          1,334        

      (A)  "Vehicles" means everything on wheels or runners,       1,336        

                                                          32     


                                                                 
including motorized bicycles, but does not mean vehicles that are  1,337        

operated exclusively on rails or tracks or from overhead electric  1,338        

trolley wires and vehicles that belong to any police department,   1,339        

municipal fire department, or volunteer fire department, or that   1,340        

are used by such a department in the discharge of its functions.   1,341        

      (B)  "Motor vehicle" means any vehicle, including mobile     1,344        

homes and recreational vehicles, that is propelled or drawn by     1,346        

power other than muscular power or power collected from overhead   1,347        

electric trolley wires.  "Motor vehicle" does not include          1,348        

motorized bicycles, road rollers, traction engines, power          1,349        

shovels, power cranes, and other equipment used in construction    1,350        

work and not designed for or employed in general highway           1,351        

transportation, well-drilling machinery, ditch-digging machinery,  1,352        

farm machinery, trailers that are used to transport agricultural   1,353        

produce or agricultural production materials between a local       1,354        

place of storage or supply and the farm when drawn or towed on a   1,355        

public road or highway at a speed of twenty-five miles per hour    1,356        

or less, threshing machinery, hay-baling machinery, corn sheller,  1,357        

hammermill and agricultural tractors, machinery used in the        1,358        

production of horticultural, agricultural, and vegetable           1,359        

products, and trailers that are designed and used exclusively to   1,360        

transport a boat between a place of storage and a marina, or in    1,361        

and around a marina, when drawn or towed on a public road or       1,362        

highway for a distance of no more than ten miles and at a speed    1,363        

of twenty-five miles per hour or less.                                          

      (C)  "Agricultural tractor" and "traction engine" mean any   1,365        

self-propelling vehicle that is designed or used for drawing       1,366        

other vehicles or wheeled machinery, but has no provisions for     1,367        

carrying loads independently of such other vehicles, and that is   1,368        

used principally for agricultural purposes.                        1,369        

      (D)  "Commercial tractor," except as defined in division     1,371        

(C) of this section, means any motor vehicle that has motive       1,372        

power and either is designed or used for drawing other motor       1,373        

vehicles, or is designed or used for drawing another motor         1,375        

                                                          33     


                                                                 
vehicle while carrying a portion of the other motor vehicle or     1,376        

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         1,378        

designed and used for carrying not more than nine persons and      1,379        

includes any motor vehicle that is designed and used for carrying  1,380        

not more than fifteen persons in a ridesharing arrangement.        1,381        

      (F)  "Collector's vehicle" means any motor vehicle or        1,383        

agricultural tractor or traction engine that is of special         1,384        

interest, that has a fair market value of one hundred dollars or   1,385        

more, whether operable or not, and that is owned, operated,        1,386        

collected, preserved, restored, maintained, or used essentially    1,387        

as a collector's item, leisure pursuit, or investment, but not as  1,388        

the owner's principal means of transportation.  "Licensed          1,389        

collector's vehicle" means a collector's vehicle, other than an    1,390        

agricultural tractor or traction engine, that displays current,    1,391        

valid license tags issued under section 4503.45 of the Revised     1,392        

Code, or a similar type of motor vehicle that displays current,    1,393        

valid license tags issued under substantially equivalent           1,394        

provisions in the laws of other states.                            1,395        

      (G)  "Historical motor vehicle" means any motor vehicle      1,397        

that is over twenty-five years old and is owned solely as a        1,398        

collector's item and for participation in club activities,         1,399        

exhibitions, tours, parades, and similar uses, but that in no      1,400        

event is used for general transportation.                          1,401        

      (H)  "Noncommercial motor vehicle" means any motor vehicle,  1,403        

including a farm truck as defined in section 4503.04 of the        1,404        

Revised Code, that is designed by the manufacturer to carry a      1,405        

load of no more than one ton and is used exclusively for purposes  1,406        

other than engaging in business for profit.                        1,407        

      (I)  "Bus" means any motor vehicle that has motor power and  1,410        

is designed and used for carrying more than nine passengers,                    

except any motor vehicle that is designed and used for carrying    1,411        

not more than fifteen passengers in a ridesharing arrangement.     1,412        

      (J)  "Commercial car" or "truck" means any motor vehicle     1,414        

                                                          34     


                                                                 
that has motor power and is designed and used for carrying         1,415        

merchandise or freight, or that is used as a commercial tractor.   1,416        

      (K)  "Bicycle" means every device, other than a tricycle     1,418        

that is designed solely for use as a play vehicle by a child,      1,420        

that is propelled solely by human power upon which any person may  1,421        

ride, and that has either two tandem wheels, or one wheel in       1,422        

front and two wheels in the rear, any of which is more than        1,423        

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that either has   1,425        

two tandem wheels or one wheel in the front and two wheels in the  1,427        

rear, that is capable of being pedaled, and that is equipped with               

a helper motor of not more than fifty cubic centimeters piston     1,428        

displacement that produces no more than one brake horsepower and   1,429        

is capable of propelling the vehicle at a speed of no greater      1,430        

than twenty miles per hour on a level surface.                     1,431        

      (M)  "Trailer" means any vehicle without motive power that   1,434        

is designed or used for carrying property or persons wholly on                  

its own structure and for being drawn by a motor vehicle, and      1,435        

includes any such vehicle that is formed by or operated as a       1,436        

combination of a semitrailer and a vehicle of the dolly type such  1,437        

as that commonly known as a trailer dolly, a vehicle used to       1,438        

transport agricultural produce or agricultural production          1,439        

materials between a local place of storage or supply and the farm  1,440        

when drawn or towed on a public road or highway at a speed         1,441        

greater than twenty-five miles per hour, and a vehicle that is     1,442        

designed and used exclusively to transport a boat between a place  1,443        

of storage and a marina, or in and around a marina, when drawn or  1,444        

towed on a public road or highway for a distance of more than ten  1,445        

miles or at a speed of more than twenty-five miles per hour.       1,446        

"Trailer" does not include a manufactured home or travel trailer.  1,447        

      (N)  "Noncommercial trailer" means any trailer, except a     1,449        

travel trailer or trailer that is used to transport a boat as      1,450        

described in division (B) of this section, but, where applicable,  1,451        

includes a vehicle that is used to transport a boat as described   1,452        

                                                          35     


                                                                 
in division (M) of this section, that has a gross weight of no     1,453        

more than three thousand pounds, and that is used exclusively for  1,454        

purposes other than engaging in business for a profit.             1,455        

      (O)  "Mobile home" means a building unit or assembly of      1,458        

closed construction that is fabricated in an off-site facility,    1,459        

is more than thirty-five body feet in length or, when erected on   1,460        

site, is three hundred twenty or more square feet, is built on a   1,461        

permanent chassis, is transportable in one or more sections, and   1,463        

does not qualify as a manufactured home as defined in division     1,464        

(C)(4) of section 3781.06 of the Revised Code or as an             1,465        

industrialized unit as defined in division (C)(3) of section       1,466        

3781.06 of the Revised Code.                                                    

      (P)  "Semitrailer" means any vehicle of the trailer type     1,468        

that does not have motive power and is so designed or used with    1,469        

another and separate motor vehicle that in operation a part of     1,470        

its own weight or that of its load, or both, rests upon and is     1,471        

carried by the other vehicle furnishing the motive power for       1,472        

propelling itself and the vehicle referred to in this division,    1,473        

and includes, for the purpose only of registration and taxation    1,474        

under those chapters, any vehicle of the dolly type, such as a     1,475        

trailer dolly, that is designed or used for the conversion of a    1,476        

semitrailer into a trailer.                                        1,477        

      (Q)  "Recreational vehicle" means a vehicular portable       1,479        

structure that meets all of the following conditions:              1,480        

      (1)  It is designed for the sole purpose of recreational     1,483        

travel.                                                                         

      (2)  It is not used for the purpose of engaging in business  1,485        

for profit.                                                                     

      (3)  It is not used for the purpose of engaging in           1,487        

intrastate commerce.                                                            

      (4)  It is not used for the purpose of commerce as defined   1,489        

in 49 C.F.R. 383.5, as amended.                                    1,490        

      (5)  It is not regulated by the public utilities commission  1,492        

pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.    1,493        

                                                          36     


                                                                 
      (6)  It is classed as one of the following:                  1,495        

      (a)  "Travel trailer" means a nonself-propelled              1,497        

recreational vehicle that does not exceed an overall length of     1,498        

thirty-five feet, exclusive of bumper and tongue or coupling, and  1,499        

contains less than three hundred twenty square feet of space when  1,500        

erected on site.  "Travel trailer" includes a tent-type fold-out   1,502        

camping trailer as defined in section 4517.01 of the Revised       1,503        

Code.                                                                           

      (b)  "Motor home" means a self-propelled recreational        1,505        

vehicle that has no fifth wheel and is constructed with            1,506        

permanently installed facilities for cold storage, cooking and     1,508        

consuming of food, and for sleeping.                                            

      (c)  "Truck camper" means a nonself-propelled recreational   1,510        

vehicle that does not have wheels for road use and is designed to  1,511        

be placed upon and attached to a motor vehicle.  "Truck camper"    1,512        

does not include truck covers that consist of walls and a roof,    1,513        

but do not have floors and facilities enabling them to be used as  1,514        

a dwelling.                                                                     

      (d)  "Fifth wheel trailer" means a vehicle that is of such   1,516        

size and weight as to be movable without a special highway         1,517        

permit, that has a gross trailer area of four hundred square feet  1,518        

or less, that is constructed with a raised forward section that    1,519        

allows a bi-level floor plan, and that is designed to be towed by               

a vehicle equipped with a fifth-wheel hitch ordinarily installed   1,520        

in the bed of a truck.                                             1,521        

      (e)  "Park trailer" means a vehicle that is commonly known   1,523        

as a park model recreational vehicle, meets the American national  1,524        

standard institute standard A119.5 (1988) for park trailers, is    1,525        

built on a single chassis, has a gross trailer area of four        1,526        

hundred square feet or less when set up, is designed for seasonal  1,527        

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  1,528        

      (R)  "Pneumatic tires" means tires of rubber and fabric or   1,530        

tires of similar material, that are inflated with air.             1,531        

                                                          37     


                                                                 
      (S)  "Solid tires" means tires of rubber or similar elastic  1,533        

material that are not dependent upon confined air for support of   1,534        

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          1,536        

equipped with two or more solid tires.                             1,537        

      (U)  "Farm machinery" means all machines and tools that are  1,539        

used in the production, harvesting, and care of farm products,     1,540        

and includes trailers that are used to transport agricultural      1,541        

produce or agricultural production materials between a local       1,542        

place of storage or supply and the farm when drawn or towed on a   1,543        

public road or highway at a speed of twenty-five miles per hour    1,544        

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       1,546        

other than a manufacturer or dealer that has title to a motor      1,547        

vehicle, except that in sections 4505.01 to 4505.19 of the         1,548        

Revised Code, "owner" includes in addition manufacturers and       1,549        

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        1,551        

firms, and corporations that are regularly engaged in the          1,552        

business of manufacturing, selling, displaying, offering for       1,553        

sale, or dealing in motor vehicles, at an established place of     1,554        

business that is used exclusively for the purpose of               1,555        

manufacturing, selling, displaying, offering for sale, or dealing  1,556        

in motor vehicles.  A place of business that is used for           1,557        

manufacturing, selling, displaying, offering for sale, or dealing  1,558        

in motor vehicles shall be deemed to be used exclusively for       1,559        

those purposes even though snowmobiles or all-purpose vehicles     1,560        

are sold or displayed for sale thereat, even though farm           1,561        

machinery is sold or displayed for sale thereat, or even though    1,562        

repair, accessory, gasoline and oil, storage, parts, service, or   1,563        

paint departments are maintained thereat, or, in any county        1,564        

having a population of less than seventy-five thousand persons at  1,565        

the last federal census, even though a department in a place of    1,566        

business is used to dismantle, salvage, or rebuild motor vehicles  1,567        

                                                          38     


                                                                 
by means of used parts, if such departments are operated for the   1,568        

purpose of furthering and assisting in the business of             1,569        

manufacturing, selling, displaying, offering for sale, or dealing  1,570        

in motor vehicles.  Places of business or departments in a place   1,571        

of business used to dismantle, salvage, or rebuild motor vehicles  1,572        

by means of using used parts are not considered as being           1,573        

maintained for the purpose of assisting or furthering the          1,574        

manufacturing, selling, displaying, and offering for sale or       1,575        

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   1,577        

a motor vehicle upon the public highways.                          1,578        

      (Y)  "Chauffeur" means any operator who operates a motor     1,580        

vehicle, other than a taxicab, as an employee for hire; or any     1,581        

operator whether or not the owner of a motor vehicle, other than   1,582        

a taxicab, who operates such vehicle for transporting, for gain,   1,583        

compensation, or profit, either persons or property owned by       1,584        

another.  Any operator of a motor vehicle who is voluntarily       1,585        

involved in a ridesharing arrangement is not considered an         1,586        

employee for hire or operating such vehicle for gain,              1,587        

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  1,589        

of the United States, and the provinces of Canada.                 1,590        

      (AA)  "Public roads and highways" for vehicles includes all  1,592        

public thoroughfares, bridges, and culverts.                       1,593        

      (BB)  "Manufacturer's number" means the manufacturer's       1,595        

original serial number that is affixed to or imprinted upon the    1,596        

chassis or other part of the motor vehicle.                        1,597        

      (CC)  "Motor number" means the manufacturer's original       1,599        

number that is affixed to or imprinted upon the engine or motor    1,600        

of the vehicle.                                                    1,601        

      (DD)   "Distributor" means any person who is authorized by   1,603        

a motor vehicle manufacturer to distribute new motor vehicles to   1,604        

licensed motor vehicle dealers at an established place of          1,605        

business that is used exclusively for the purpose of distributing  1,606        

                                                          39     


                                                                 
new motor vehicles to licensed motor vehicle dealers, except when  1,607        

the distributor also is a new motor vehicle dealer, in which case  1,608        

the distributor may distribute at the location of the              1,609        

distributor's licensed dealership.                                 1,610        

      (EE)  "Ridesharing arrangement" means the transportation of  1,612        

persons in a motor vehicle where the transportation is incidental  1,614        

to another purpose of a volunteer driver and includes ridesharing  1,615        

arrangements known as carpools, vanpools, and buspools.            1,616        

      (FF)  "Apportionable vehicle" means any vehicle that is      1,618        

used or intended for use in two or more international              1,619        

registration plan member jurisdictions that allocate or            1,620        

proportionally register vehicles, that is used for the             1,621        

transportation of persons for hire or designed, used, or           1,622        

maintained primarily for the transportation of property, and that  1,623        

meets any of the following qualifications:                                      

      (1)  Is a power unit having a gross vehicle weight in        1,625        

excess of twenty-six thousand pounds;                              1,626        

      (2)  Is a power unit having three or more axles, regardless  1,628        

of the gross vehicle weight;                                       1,629        

      (3)  Is a combination vehicle with a gross vehicle weight    1,631        

in excess of twenty-six thousand pounds.                           1,632        

      "Apportionable vehicle" does not include recreational        1,634        

vehicles, vehicles displaying restricted plates, city pick-up and  1,635        

delivery vehicles, buses used for the transportation of chartered  1,636        

parties, or vehicles owned and operated by the United States,      1,637        

this state, or any political subdivisions thereof.                 1,638        

      (GG)  "Chartered party" means a group of persons who         1,640        

contract as a group to acquire the exclusive use of a              1,641        

passenger-carrying motor vehicle at a fixed charge for the         1,642        

vehicle in accordance with the carrier's tariff, lawfully on file  1,643        

with the United States department of transportation, for the       1,645        

purpose of group travel to a specified destination or for a        1,646        

particular itinerary, either agreed upon in advance or modified    1,647        

by the chartered group after having left the place of origin.      1,648        

                                                          40     


                                                                 
      (HH)  "International registration plan" means a reciprocal   1,650        

agreement of member jurisdictions that is endorsed by the          1,651        

American association of motor vehicle administrators, and that     1,652        

promotes and encourages the fullest possible use of the highway    1,653        

system by authorizing apportioned registration of fleets of        1,654        

vehicles and recognizing registration of vehicles apportioned in   1,655        

member jurisdictions.                                              1,656        

      (II)  "Restricted plate" means a license plate that has a    1,658        

restriction of time, geographic area, mileage, or commodity, and   1,659        

includes license plates issued to farm trucks under division (K)   1,660        

of section 4503.04 of the Revised Code.                            1,661        

      (JJ)  "Gross vehicle weight," with regard to any commercial  1,663        

car, trailer, semitrailer, or bus that is taxed at the rates       1,664        

established under section 4503.042 of the Revised Code, means the  1,665        

unladen weight of the vehicle fully equipped plus the maximum      1,666        

weight of the load to be carried on the vehicle.                   1,667        

      (KK)  "Combined gross vehicle weight" with regard to any     1,669        

combination of a commercial car, trailer, and semitrailer, that    1,670        

is taxed at the rates established under section 4503.042 of the    1,671        

Revised Code, means the total unladen weight of the combination    1,672        

of vehicles fully equipped plus the maximum weight of the load to  1,673        

be carried on that combination of vehicles.                        1,674        

      (LL)  "Chauffeured limousine" means a motor vehicle that is  1,677        

designed to carry nine or fewer passengers and is operated for     1,678        

hire on an hourly basis pursuant to a prearranged contract for     1,679        

the transportation of passengers on public roads and highways      1,680        

along a route under the control of the person hiring the vehicle   1,681        

and not over a defined and regular route.  "Prearranged contract"  1,682        

means an agreement, made in advance of boarding, to provide        1,683        

transportation from a specific location in a chauffeured           1,684        

limousine at a fixed rate per hour or trip.  "Chauffeured          1,685        

limousine" does not include any vehicle that is used exclusively   1,686        

in the business of funeral directing.                              1,687        

      (MM)  "Manufactured home" has the same meaning as in         1,690        

                                                          41     


                                                                 
division (C)(4) of section 3781.06 of the Revised Code.            1,691        

      (NN)  "Acquired situs," with respect to a manufactured home  1,694        

or a mobile home, means to become located in this state pursuant   1,695        

to the issuance of a certificate of title for the home and BY the  1,696        

placement of the home on real property, but does not include the   1,697        

placement of a manufactured home or a mobile home in the           1,698        

inventory of a new motor vehicle dealer or the inventory of a      1,699        

manufacturer, remanufacturer, or distributor of manufactured or    1,700        

mobile homes.                                                      1,701        

      (OO)  "Electronic" includes electrical, digital, magnetic,   1,703        

optical, electromagnetic, or any other form of technology that     1,704        

entails capabilities similar to these technologies.                1,705        

      (PP)  "Electronic record" means a record generated,          1,707        

communicated, received, or stored by electronic means for use in   1,708        

an information system or for transmission from one information     1,709        

system to another.                                                              

      (QQ)  "Electronic signature" means a signature in            1,711        

electronic form attached to or logically associated with an        1,712        

electronic record.                                                              

      (RR)  "Financial transaction device" has the same meaning    1,714        

as in division (A) of section 113.40 of the Revised Code.          1,715        

      Sec. 4503.06.  (A)  The owner of each manufactured or        1,725        

mobile home that has acquired situs in this state shall pay        1,726        

either a real property tax pursuant to Title LVII of the Revised   1,727        

Code or a manufactured home tax pursuant to division (C) of this   1,730        

section.                                                                        

      (B)  The owner of a manufactured or mobile home shall pay    1,733        

real property taxes if either of the following applies:            1,734        

      (1)  The manufactured or mobile home acquired situs in the   1,736        

state or ownership in the home was transferred on or after         1,737        

January 1, 2000, and all of the following apply:                   1,739        

      (a)  The home is affixed to a permanent foundation as        1,742        

defined in division (C)(5) of section 3781.06 of the Revised       1,743        

Code;                                                                           

                                                          42     


                                                                 
      (b)  The home is located on land that is owned by the owner  1,746        

of the home;                                                                    

      (c)  The certificate of title has been inactivated by the    1,749        

clerk of the court of common pleas that issued it, pursuant to     1,750        

division (H) of section 4505.11 of the Revised Code.               1,751        

      (2)  The manufactured or mobile home acquired situs in the   1,753        

state or ownership in the home was transferred before January 1,   1,755        

2000, and all of the following apply:                              1,756        

      (a)  The home is affixed to a permanent foundation as        1,759        

defined in division (C)(5) of section 3781.06 of the Revised       1,760        

Code;                                                                           

      (b)  The home is located on land that is owned by the owner  1,763        

of the home;                                                                    

      (c)  The owner of the home has elected to have the home      1,766        

taxed as real property and, pursuant to section 4505.11 of the     1,767        

Revised Code, has surrendered the certificate of title to the      1,768        

auditor of the county containing the taxing district in which the  1,770        

home has its situs, together with proof that all taxes have been   1,771        

paid;                                                                           

      (d)  The county auditor has placed the home on the real      1,774        

property tax list and delivered the certificate of title to the    1,775        

clerk of the court of common pleas that issued it and the clerk    1,777        

has inactivated the certificate.                                                

      (C)(1)  Any mobile or manufactured home that is not taxed    1,780        

as real property as provided in division (B) of this section is    1,781        

subject to an annual manufactured home tax, payable by the owner,  1,782        

for locating the home in this state.  The tax as levied in this    1,784        

section is for the purpose of supplementing the general revenue    1,786        

funds of the local subdivisions in which the home has its situs    1,787        

pursuant to this section.                                                       

      (2)  The year for which the manufactured home tax is levied  1,790        

commences on the first day of January and ends on the following                 

thirty-first day of December.  THE STATE SHALL HAVE THE FIRST      1,793        

LIEN ON ANY MANUFACTURED OR MOBILE HOME ON THE LIST FOR THE                     

                                                          43     


                                                                 
AMOUNT OF TAXES, PENALTIES, AND INTEREST CHARGED AGAINST THE       1,794        

OWNER OF THE HOME UNDER THIS SECTION.  The lien of the state for   1,796        

the tax for a year shall attach on the first day of January to a   1,797        

home that has acquired situs on that date.  The lien for a home    1,799        

that has not acquired situs on the first day of January, but that  1,800        

acquires situs during the year, shall attach on the next first     1,801        

day of January.  The lien shall continue until the tax, including  1,802        

any penalty OR INTEREST, is paid.                                               

      (3)(a)  The situs of a manufactured or mobile home located   1,804        

in this state on the first day of January is the local taxing      1,806        

district in which the home is located on that date.                1,807        

      (b)  The situs of a manufactured or mobile home not located  1,809        

in this state on the first day of January, but located in this     1,810        

state subsequent to that date, is the local taxing district in     1,811        

which the home is located thirty days after it is acquired or      1,812        

first enters this state.                                                        

      (4)  The tax is collected by and paid to the county          1,814        

treasurer of the county containing the taxing district in which    1,815        

the home has its situs.                                            1,816        

      (D)  The manufactured home tax shall be computed and         1,818        

assessed by the county auditor of the county containing the        1,820        

taxing district in which the home has its situs as follows:        1,821        

      (1)  On a home that acquired situs in this state prior to    1,823        

January 1, 2000;                                                   1,824        

      (a)  By multiplying the assessable value of the home by the  1,827        

tax rate of the taxing district in which the home has its situs,   1,829        

and deducting from the product thus obtained any reduction         1,830        

authorized under section 4503.065 of the Revised Code.  The tax    1,831        

levied under this formula shall not be less than thirty-six        1,833        

dollars, unless the home qualifies for a reduction in assessable   1,835        

value under section 4503.065 of the Revised Code, in which case    1,836        

there shall be no minimum tax and the tax shall be the amount      1,837        

calculated under this division.                                                 

      (b)  The assessable value of the home shall be forty per     1,840        

                                                          44     


                                                                 
cent of the amount arrived at by the following computation:        1,841        

      (i)  If the cost to the owner, or market value at time of    1,843        

purchase, whichever is greater, of the home includes the           1,845        

furnishings and equipment, such cost or market value shall be                   

multiplied according to the following schedule:                    1,846        

      For the first calendar year                                  1,848        

      in which the                                                 1,849        

      home is owned by the                                         1,850        

      current owner                              80%               1,851        

      2nd calendar year                x         75%               1,852        

      3rd     "                        x         70%               1,853        

      4th     "                        x         65%               1,854        

      5th     "                        x         60%               1,855        

      6th     "                        x         55%               1,856        

      7th     "                        x         50%               1,857        

      8th     "                        x         45%               1,858        

      9th     "                        x         40%               1,859        

      10th and each year thereafter              35%               1,860        

      The first calendar year means any period between the first   1,862        

day of January and the thirty-first day of December of the first   1,863        

year.                                                              1,864        

      (ii)  If the cost to the owner, or market value at the time  1,867        

of purchase, whichever is greater, of the home does not include    1,869        

the furnishings and equipment, such cost or market value shall be  1,870        

multiplied according to the following schedule:                                 

      For the first calendar year                                  1,872        

      in which the                                                 1,873        

      home is owned by the                                         1,874        

      current owner                              95%               1,875        

      2nd calendar year                x         90%               1,876        

      3rd     "                        x         85%               1,877        

      4th     "                        x         80%               1,878        

      5th     "                        x         75%               1,879        

      6th     "                        x         70%               1,880        

                                                          45     


                                                                 
      7th     "                        x         65%               1,881        

      8th     "                        x         60%               1,882        

      9th     "                        x         55%               1,883        

      10th and each year thereafter              50%               1,884        

      The first calendar year means any period between the first   1,886        

day of January and the thirty-first day of December of the first   1,887        

year.                                                              1,888        

      (2)  On a home in which ownership was transferred or that    1,892        

first acquired situs in this state on or after January 1, 2000:    1,894        

      (a)  By multiplying the assessable value of the home by the  1,898        

effective tax rate, as defined in section 323.08 of the Revised    1,900        

Code, for residential real property of the taxing district in      1,901        

which the home has its situs, and deducting from the product thus  1,902        

obtained the reductions required or authorized under section       1,903        

319.302, division (b)(B) of section 323.152, or section 4503.065   1,905        

of the Revised Code.                                               1,906        

      (b)  The assessable value of the home shall be thirty-five   1,909        

per cent of its true value as determined under division (L) of     1,911        

this section.                                                                   

      (3)  The ON OR BEFORE THE FIFTEENTH DAY OF JANUARY EACH      1,914        

YEAR, THE auditor shall record the assessable value and the        1,915        

amount of tax on the manufactured or mobile home on the tax list   1,916        

and deliver a copy DUPLICATE of the list to the county treasurer.  1,918        

IN THE CASE OF AN EMERGENCY AS DEFINED IN SECTION 323.17 OF THE                 

REVISED CODE, THE TAX COMMISSIONER, BY JOURNAL ENTRY, MAY EXTEND   1,920        

THE TIMES FOR DELIVERY OF THE DUPLICATE FOR AN ADDITIONAL FIFTEEN  1,921        

DAYS UPON RECEIVING A WRITTEN APPLICATION FROM THE COUNTY AUDITOR  1,923        

REGARDING AN EXTENSION FOR THE DELIVERY OF THE DUPLICATE, OR FROM  1,924        

THE COUNTY TREASURER REGARDING AN EXTENSION OF THE TIME FOR THE    1,925        

BILLING AND COLLECTION OF TAXES.  THE APPLICATION SHALL CONTAIN A  1,926        

STATEMENT DESCRIBING THE EMERGENCY THAT WILL CAUSE THE             1,927        

UNAVOIDABLE DELAY AND MUST BE RECEIVED BY THE TAX COMMISSIONER ON  1,928        

OR BEFORE THE LAST DAY OF THE MONTH PRECEDING THE DAY DELIVERY OF  1,929        

THE DUPLICATE IS OTHERWISE REQUIRED.  WHEN AN EXTENSION IS         1,930        

                                                          46     


                                                                 
GRANTED FOR DELIVERY OF THE DUPLICATE, THE TIME PERIOD FOR                      

PAYMENT OF TAXES SHALL BE EXTENDED FOR A LIKE PERIOD OF TIME.      1,931        

WHEN A DELAY IN THE CLOSING OF A TAX COLLECTION PERIOD BECOMES     1,932        

UNAVOIDABLE, THE TAX COMMISSIONER, UPON APPLICATION BY THE COUNTY  1,933        

AUDITOR AND COUNTY TREASURER, MAY ORDER THE TIME FOR PAYMENT OF    1,934        

TAXES TO BE EXTENDED IF THE TAX COMMISSIONER DETERMINES THAT       1,935        

PENALTIES HAVE ACCRUED OR WOULD OTHERWISE ACCRUE FOR REASONS       1,936        

BEYOND THE CONTROL OF THE TAXPAYERS OF THE COUNTY.  THE ORDER      1,937        

SHALL PRESCRIBE THE FINAL EXTENDED DATE FOR PAYMENT OF TAXES FOR   1,938        

THAT COLLECTION PERIOD.                                            1,939        

      (4)  After January 1, 1999, the owner of a manufactured or   1,941        

mobile home taxed pursuant to division (D)(1) of this section may  1,944        

elect to have the home taxed pursuant to division (D)(2) of this   1,945        

section by filing a written request with the county auditor of     1,946        

the taxing district in which the home is located ON OR BEFORE THE  1,947        

FIRST DAY OF DECEMBER OF ANY YEAR.  Upon the filing of the         1,948        

request, the county auditor SHALL DETERMINE WHETHER ALL TAXES      1,949        

LEVIED UNDER DIVISION (D)(1) OF THIS SECTION HAVE BEEN PAID, AND   1,950        

IF THOSE TAXES HAVE BEEN PAID, THE COUNTY AUDITOR shall tax the    1,951        

manufactured or mobile home pursuant to division (D)(2) of this    1,953        

section commencing in the next tax year.                           1,954        

      (5)  A manufactured or mobile home that acquired situs in    1,957        

this state prior to January 1, 2000, shall be taxed pursuant to    1,959        

division (D)(2) of this section if no manufactured home tax had    1,960        

been paid for the home and the home was not exempted from          1,961        

taxation pursuant to division (E) of this section for the year     1,963        

for which the taxes were not paid.                                              

      (6)(a)  IMMEDIATELY UPON RECEIPT OF ANY MANUFACTURED HOME    1,965        

TAX DUPLICATE FROM THE COUNTY AUDITOR, BUT NOT LESS THAN TWENTY    1,966        

DAYS PRIOR TO THE LAST DATE ON WHICH THE FIRST ONE-HALF TAXES MAY  1,967        

BE PAID WITHOUT PENALTY AS PRESCRIBED IN DIVISION (F) OF THIS      1,968        

SECTION, THE COUNTY TREASURER SHALL CAUSE TO BE PREPARED AND       1,969        

MAILED OR DELIVERED TO EACH PERSON CHARGED ON THAT DUPLICATE WITH  1,970        

TAXES, OR TO AN AGENT DESIGNATED BY SUCH PERSON, THE TAX BILL      1,971        

                                                          47     


                                                                 
PRESCRIBED BY THE TAX COMMISSIONER UNDER DIVISION (D)(7) OF THIS   1,972        

SECTION.  WHEN TAXES ARE PAID BY INSTALLMENTS, THE COUNTY          1,974        

TREASURER SHALL MAIL OR DELIVER TO EACH PERSON CHARGED ON SUCH     1,975        

DUPLICATE OR THE AGENT DESIGNATED BY SUCH PERSON A SECOND TAX      1,976        

BILL SHOWING THE AMOUNT DUE AT THE TIME OF THE SECOND TAX                       

COLLECTION.  THE SECOND HALF TAX BILL SHALL BE MAILED OR           1,977        

DELIVERED AT LEAST TWENTY DAYS PRIOR TO THE CLOSE OF THE SECOND    1,978        

HALF TAX COLLECTION PERIOD.  A CHANGE IN THE MAILING ADDRESS OF    1,980        

ANY TAX BILL SHALL BE MADE IN WRITING TO THE COUNTY TREASURER.     1,981        

FAILURE TO RECEIVE A BILL REQUIRED BY THIS SECTION DOES NOT        1,983        

EXCUSE FAILURE OR DELAY TO PAY ANY TAXES SHOWN ON THE BILL OR,     1,984        

EXCEPT AS PROVIDED IN DIVISION (A) OF SECTION 5715.39 OF THE       1,985        

REVISED CODE, AVOID ANY PENALTY, INTEREST, OR CHARGE FOR SUCH      1,986        

DELAY.                                                             1,987        

      (b)  AFTER DELIVERY OF THE COPY OF THE DELINQUENT            1,989        

MANUFACTURED HOME TAX LIST UNDER DIVISION (H) OF THIS SECTION,     1,990        

THE COUNTY TREASURER MAY PREPARE AND MAIL TO EACH PERSON IN WHOSE  1,992        

NAME A HOME IS LISTED AN ADDITIONAL TAX BILL SHOWING THE TOTAL     1,994        

AMOUNT OF DELINQUENT TAXES CHARGED AGAINST THE HOME AS SHOWN ON    1,995        

THE LIST.  THE TAX BILL SHALL INCLUDE A NOTICE THAT THE INTEREST   1,996        

CHARGE PRESCRIBED BY DIVISION (G) OF THIS SECTION HAS BEGUN TO     1,997        

ACCRUE.                                                                         

      (7)  EACH TAX BILL PREPARED AND MAILED OR DELIVERED UNDER    2,000        

DIVISION (D)(6) OF THIS SECTION SHALL BE IN THE FORM AND CONTAIN   2,002        

THE INFORMATION REQUIRED BY THE TAX COMMISSIONER.  THE             2,003        

COMMISSIONER MAY PRESCRIBE DIFFERENT FORMS FOR EACH COUNTY AND     2,004        

MAY AUTHORIZE THE COUNTY AUDITOR TO MAKE UP TAX BILLS AND TAX      2,005        

RECEIPTS TO BE USED BY THE COUNTY TREASURER.  THE TAX BILL SHALL   2,006        

NOT CONTAIN OR BE MAILED OR DELIVERED WITH ANY INFORMATION OR      2,007        

MATERIAL THAT IS NOT REQUIRED BY THIS SECTION OR THAT IS NOT       2,008        

AUTHORIZED BY SECTION 321.45 OF THE REVISED CODE OR BY THE TAX     2,009        

COMMISSIONER.  IN ADDITION TO THE INFORMATION REQUIRED BY THE      2,011        

COMMISSIONER, EACH TAX BILL SHALL CONTAIN THE FOLLOWING            2,013        

INFORMATION:                                                                    

                                                          48     


                                                                 
      (a)  THE TAXES LEVIED AND THE TAXES CHARGED AND PAYABLE      2,015        

AGAINST THE MANUFACTURED OR MOBILE HOME;                           2,016        

      (b)  THE FOLLOWING NOTICE:  "NOTICE:  IF THE TAXES ARE NOT   2,019        

PAID WITHIN SIXTY DAYS AFTER THE COUNTY AUDITOR DELIVERS THE       2,020        

DELINQUENT MANUFACTURED HOME TAX LIST TO THE COUNTY TREASURER,     2,021        

YOU AND YOUR HOME MAY BE SUBJECT TO COLLECTION PROCEEDINGS FOR     2,023        

TAX DELINQUENCY."  FAILURE TO PROVIDE SUCH NOTICE HAS NO EFFECT    2,024        

UPON THE VALIDITY OF ANY TAX JUDGMENT TO WHICH A HOME MAY BE       2,025        

SUBJECTED.                                                                      

      (c)  IN THE CASE OF MANUFACTURED OR MOBILE HOMES TAXED       2,027        

UNDER DIVISION (D)(2) OF THIS SECTION, THE FOLLOWING ADDITIONAL    2,028        

INFORMATION:                                                       2,029        

      (i)  THE EFFECTIVE TAX RATE.  THE WORDS "EFFECTIVE TAX       2,031        

RATE" SHALL APPEAR IN BOLDFACE TYPE.                               2,032        

      (ii)  THE FOLLOWING NOTICE:  "NOTICE:  IF THE TAXES CHARGED  2,035        

AGAINST THIS HOME HAVE BEEN REDUCED BY THE 2-1/2 PER CENT TAX      2,036        

REDUCTION FOR RESIDENCES OCCUPIED BY THE OWNER BUT THE HOME IS     2,038        

NOT A RESIDENCE OCCUPIED BY THE OWNER, THE OWNER MUST NOTIFY THE   2,039        

COUNTY AUDITOR'S OFFICE NOT LATER THAN MARCH 31 OF THE YEAR FOR    2,041        

WHICH THE TAXES ARE DUE.  FAILURE TO DO SO MAY RESULT IN THE       2,042        

OWNER BEING CONVICTED OF A FOURTH DEGREE MISDEMEANOR, WHICH IS     2,043        

PUNISHABLE BY IMPRISONMENT UP TO 30 DAYS, A FINE UP TO $250, OR    2,044        

BOTH, AND IN THE OWNER HAVING TO REPAY THE AMOUNT BY WHICH THE     2,045        

TAXES WERE ERRONEOUSLY OR ILLEGALLY REDUCED, PLUS ANY INTEREST     2,046        

THAT MAY APPLY.                                                                 

      IF THE TAXES CHARGED AGAINST THIS HOME HAVE NOT BEEN         2,048        

REDUCED BY THE 2-1/2 PER CENT TAX REDUCTION AND THE HOME IS A      2,050        

RESIDENCE OCCUPIED BY THE OWNER, THE HOME MAY QUALIFY FOR THE TAX  2,051        

REDUCTION.  TO OBTAIN AN APPLICATION FOR THE TAX REDUCTION OR      2,052        

FURTHER INFORMATION, THE OWNER MAY CONTACT THE COUNTY AUDITOR'S    2,053        

OFFICE AT  .......... (INSERT THE ADDRESS AND TELEPHONE NUMBER OF  2,054        

THE COUNTY AUDITOR'S OFFICE)."                                                  

      (E)(1)  A manufactured or mobile home is not subject to      2,056        

this section when any of the following applies:                    2,057        

                                                          49     


                                                                 
      (a)  It is taxable as personal property pursuant to section  2,060        

5709.01 of the Revised Code.  Any manufactured or mobile home      2,061        

that is used as a residence shall be subject to this section and   2,064        

shall not be taxable as personal property pursuant to section      2,065        

5709.01 of the Revised Code.                                                    

      (b)  It bears a license plate issued by any state other      2,067        

than this state unless the home is in this state in excess of an   2,068        

accumulative period of thirty days in any calendar year.           2,069        

      (c)  The annual tax has been paid on the home in this state  2,071        

for the current year.                                              2,072        

      (d)  The tax commissioner has determined, pursuant to        2,074        

section 5715.27 of the Revised Code, that the property is exempt   2,075        

from taxation, or would be exempt from taxation under Chapter      2,076        

5709. of the Revised Code if it were classified as real property.  2,077        

      (2)  A travel trailer or park trailer, as these terms are    2,080        

defined in section 4501.01 of the Revised Code, is not subject to  2,081        

this section if it is unused or unoccupied and stored at the       2,082        

owner's normal place of residence or at a recognized storage       2,083        

facility.                                                          2,084        

      (3)  A travel trailer or park trailer, as these terms are    2,086        

defined in section 4501.01 of the Revised Code, is subject to      2,087        

this section and shall be taxed as a manufactured or mobile home   2,089        

if it has a situs longer than thirty days in one location and is   2,090        

connected to existing utilities, unless either of the following    2,092        

applies:                                                                        

      (a)  The situs is in a state facility or a camping or park   2,094        

area as defined in division (B), (G), (H), or (R) of section       2,096        

3733.01 of the Revised Code;                                       2,097        

      (b)  The situs is in a camping or park area that is a tract  2,100        

of land that has been limited to recreational use by deed or                    

zoning restrictions and subdivided for sale of five or more        2,101        

individual lots for the express or implied purpose of occupancy    2,102        

by either self-contained recreational vehicles as defined in       2,103        

division (E) of section 3733.01 of the Revised Code or by          2,104        

                                                          50     


                                                                 
dependent recreational vehicles as defined in division (F) of      2,105        

section 3733.01 of the Revised Code.                               2,106        

      (F)  The EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS       2,108        

SECTION, THE manufactured home tax is due and payable as follows:  2,110        

      (1)  When a manufactured or mobile home has a situs in this  2,112        

state, as provided in this section, on the first day of January,   2,113        

one-half of the amount of the tax is due and payable on or before  2,114        

the thirty-first FIRST day of January MARCH and the balance is     2,116        

due and payable on or before the thirty-first day of July.  At     2,117        

the option of the owner of the home, the tax for the entire year   2,118        

may be paid in full on the thirty-first FIRST day of January       2,119        

MARCH.                                                                          

      (2)  When a manufactured or mobile home first acquires a     2,121        

situs in this state after the first day of January, no tax is due  2,123        

and payable for that year.                                                      

      (G)(1)  If one-half of the current taxes charged under this  2,126        

section against a manufactured or mobile home, together with the   2,127        

full amount of any delinquent taxes or any installment thereof     2,128        

required to be paid under a written undertaking, are not paid on   2,129        

or before the thirty-first day of January in that year, or on or   2,130        

before the last day for such payment as extended pursuant to       2,131        

section 4503.063 of the Revised Code, a penalty of ten per cent    2,133        

shall be charged against the unpaid balance of such half of the    2,134        

current taxes.  If the total amount of all such taxes is not paid  2,136        

on or before the thirty-first day of July, next thereafter, or on  2,137        

or before the last day for such payment as extended pursuant to    2,138        

section 4503.063 of the Revised Code, a like penalty shall be      2,139        

charged on the balance of the total amount of such unpaid current  2,140        

taxes.                                                                          

      (2)(a)  On the first day of the month following the last     2,142        

day the second installment of taxes may be paid without penalty    2,143        

BEGINNING IN 2000, interest shall be charged against and computed  2,145        

on all delinquent taxes other than the current taxes that became   2,146        

delinquent taxes at the close of the last day such second          2,147        

                                                          51     


                                                                 
installment could be paid without penalty.  The charge shall be    2,148        

for interest that accrued during the period that began on the      2,149        

preceding first day of December and ended on the last day of the   2,150        

month that included the last date such second installment could    2,151        

be paid without penalty.  The interest shall be computed at the    2,152        

rate per annum prescribed by section 5703.47 of the Revised Code   2,153        

and shall be entered as a separate item on the delinquent          2,154        

manufactured home tax list compiled under division (H) of this     2,155        

section.                                                                        

      (b)  On the first day of December BEGINNING IN 2000, the     2,157        

interest shall be charged against and computed on all delinquent   2,159        

taxes.  The charge shall be for interest that accrued during the   2,160        

period that began on the first day of the month following the      2,161        

last date prescribed for the payment of the second installment of  2,162        

taxes in the current year and ended on the immediately preceding   2,163        

last day of November.  The interest shall be computed at the rate  2,164        

per annum prescribed by section 5703.47 of the Revised Code and    2,166        

shall be entered as a separate item on the delinquent              2,167        

manufactured home tax list.                                                     

      (c)  After a valid undertaking has been entered into for     2,169        

the payment of any delinquent taxes, no interest shall be charged  2,170        

against such delinquent taxes while the undertaking remains in     2,171        

effect in compliance with section 323.31 of the Revised Code.  If  2,172        

a valid undertaking becomes void, interest shall be charged        2,173        

against the delinquent taxes for the periods that interest was     2,174        

not permitted to be charged while the undertaking was in effect.   2,175        

The interest shall be charged on the day the undertaking becomes   2,176        

void and shall equal the amount of interest that would have been   2,177        

charged against the unpaid delinquent taxes outstanding on the     2,178        

dates on which interest would have been charged thereon under      2,179        

divisions (G)(1) and (2) of this section had the undertaking not   2,180        

been in effect.                                                    2,181        

      (3)  If the full amount of the taxes due at either of the    2,183        

times prescribed by division (F) of this section is paid within    2,184        

                                                          52     


                                                                 
ten days after such time, the county treasurer shall waive the     2,185        

collection of and the county auditor shall remit one-half of the   2,186        

penalty provided for in this division for failure to make that     2,187        

payment by the prescribed time.                                    2,188        

      (4)  The treasurer shall compile and deliver to the county   2,190        

auditor a list of all tax payments the treasurer has received as   2,192        

provided in division (G)(3) of this section.  The list shall       2,193        

include any information required by the auditor for the remission  2,194        

of the penalties waived by the treasurer.  The taxes so collected  2,195        

shall be included in the settlement next succeeding the            2,196        

settlement then in process.                                        2,197        

      (H)(1)  The BEGINNING IN 2000, THE county auditor shall      2,199        

compile annually a "delinquent manufactured home tax list"         2,201        

consisting of homes the county treasurer's records indicate have   2,202        

taxes that were not paid within the time prescribed by division    2,203        

DIVISIONS (D)(3) AND (F) of this section, have taxes that remain   2,205        

unpaid from prior years, or have unpaid tax penalties OR INTEREST  2,207        

that have been assessed.                                                        

      (2)  On or before the first day of September each year       2,210        

WITHIN THIRTY DAYS AFTER THE SETTLEMENT UNDER DIVISION (H)(2) OF   2,211        

SECTION 321.24 OF THE REVISED CODE BEGINNING IN 2000, the county   2,212        

auditor shall deliver a copy of the delinquent manufactured home   2,213        

tax list to the county treasurer and shall file a copy in the      2,214        

office of the county recorder.  The recorder shall keep a copy of  2,216        

the list, designate it as the "Manufactured Home Tax Lien                       

Record," and index it under the name of any person charged on it.  2,218        

The recorder shall not charge a fee for the services required      2,219        

under this section.  The auditor shall UPDATE AND publish the      2,220        

delinquent manufactured home tax list ANNUALLY in the same manner  2,221        

as delinquent real property tax lists are published.  THE COUNTY   2,223        

AUDITOR SHALL APPORTION THE COST OF PUBLISHING THE LIST AMONG      2,224        

TAXING DISTRICTS IN PROPORTION TO THE AMOUNT OF DELINQUENT         2,225        

MANUFACTURED HOME TAXES SO PUBLISHED THAT EACH TAXING DISTRICT IS  2,226        

ENTITLED TO RECEIVE UPON COLLECTION OF THOSE TAXES.                2,227        

                                                          53     


                                                                 
      (3)  The list filed with the county recorder shall           2,229        

constitute a notice of lien as of the date of filing.  The state   2,230        

shall have the first lien on any manufactured or mobile home on    2,231        

the list for the amount of taxes and penalties charged against     2,233        

the owner of the home under this section.                                       

      (4)  When taxes and, penalties, OR INTEREST are charged      2,237        

against a person on the delinquent manufactured home tax list AND  2,239        

ARE NOT PAID WITHIN SIXTY DAYS AFTER THE LIST IS DELIVERED TO THE  2,240        

COUNTY TREASURER, the county treasurer shall, in addition to any   2,241        

other remedy provided by law for the collection of taxes and,      2,242        

penalties, AND INTEREST, enforce collection of such taxes and,     2,243        

penalties, AND INTEREST by civil action in the name of the         2,244        

treasurer against the owner for the recovery of the unpaid taxes   2,246        

following the procedures for the recovery of delinquent real       2,247        

property taxes in sections 323.25 to 323.28 of the Revised Code.   2,248        

The action may be brought in municipal or county court, provided   2,249        

the amount charged does not exceed the monetary limitations for    2,251        

original jurisdiction for civil actions in those courts.           2,252        

      It is sufficient, having made proper parties to the suit,    2,254        

for the treasurer to allege in the treasurer's bill of             2,255        

particulars or petition that the taxes stand chargeable on the     2,257        

books of the county treasurer against such person, that they are   2,258        

due and unpaid, and that such person is indebted in the amount of  2,259        

taxes appearing to be due the county.  The treasurer need not set  2,260        

forth any other matter relating thereto.  If it is found on the    2,262        

trial of the action that the person is indebted to the state,      2,263        

judgment shall be rendered in favor of the treasurer prosecuting   2,264        

the action.  The judgment debtor is not entitled to the benefit    2,265        

of any law for stay of execution or exemption of property from     2,266        

levy or sale on execution in the enforcement of the judgment.      2,267        

      (I)  The total amount of taxes collected shall be            2,269        

distributed semiannually at the same time distribution is made of  2,270        

real estate and public utility taxes in the following manner:      2,271        

four per cent shall be allowed as compensation to the county       2,272        

                                                          54     


                                                                 
auditor for the county auditor's service in assessing the taxes;   2,274        

two per cent shall be allowed as compensation to the county        2,275        

treasurer for the services the county treasurer renders as a       2,276        

result of the tax levied by this section.  Such amounts shall be   2,278        

paid into the county treasury, to the credit of the county         2,279        

general revenue fund, on the warrant of the county auditor.  Fees  2,281        

to be paid to the credit of the real estate assessment fund shall  2,282        

be collected pursuant to division (B) of section 319.54 of the                  

Revised Code and paid into the county treasury, on the warrant of  2,283        

the county auditor.  The balance of the taxes collected shall be   2,284        

distributed among the taxing subdivisions of the county in which   2,285        

the taxes are collected and paid in the same ratio as those taxes  2,286        

were collected for the benefit of the taxing subdivision.  The     2,287        

taxes levied and revenues collected under this section shall be    2,289        

in lieu of any general property tax and any tax levied with        2,290        

respect to the privilege of using or occupying a manufactured OR   2,291        

MOBILE home in Ohio except as provided in sections 4503.04 and     2,292        

5741.02 of the Revised Code.                                                    

      (J)  An agreement to purchase or a bill of sale for a        2,294        

manufactured home shall show whether or not the furnishings and    2,295        

equipment are included in the purchase price.                      2,296        

      (K)  If the county treasurer and the county prosecuting      2,298        

attorney agree that an item charged on the delinquent              2,299        

manufactured home tax list is uncollectible, they shall certify    2,300        

that determination and the reasons to the county board of          2,301        

revision.  If the board determines the amount is uncollectible,    2,302        

it shall certify its determination to the county auditor, who      2,303        

shall strike the item from the list.                               2,304        

      (L)(1)  The county auditor shall appraise at its true value  2,307        

any manufactured or mobile home in which ownership is transferred  2,308        

or which first acquires situs in this state on or after January    2,309        

1, 2000, AND ANY MANUFACTURED OR MOBILE HOME THE OWNER OF WHICH    2,310        

HAS ELECTED, UNDER DIVISION (D)(4) OF THIS SECTION, TO HAVE THE    2,311        

HOME TAXED UNDER DIVISION (D)(2) OF THIS SECTION.  The true value  2,312        

                                                          55     


                                                                 
shall include the value of the home, any additions, and any        2,314        

fixtures, but not any furnishings in the home.  In determining     2,315        

the true value of a manufactured or mobile home, the auditor       2,316        

shall consider all facts and circumstances relating to the value   2,317        

of the home, including its age, its capacity to function as a      2,318        

residence, any obsolete characteristics, and other factors that    2,319        

may tend to prove its true value.                                  2,320        

      (2)(a)  If a manufactured or mobile home has been the        2,323        

subject of an arm's length sale between a willing seller and a     2,324        

willing buyer within a reasonable length of time prior to the                   

determination of true value, the auditor shall consider the sale   2,325        

price of the home to be the true value for taxation purposes.      2,326        

      (b)  The sale price in an arm's length transaction between   2,329        

a willing seller and a willing buyer shall not be considered the   2,330        

true value of the home if either of the following occurred after   2,331        

the sale:                                                                       

      (i)  The home has lost value due to a casualty;              2,333        

      (ii)  An addition or fixture has been added to the home.     2,335        

      (3)  The auditor shall have each home viewed and appraised   2,337        

at least once in each six-year period IN THE SAME YEAR IN WHICH    2,338        

REAL PROPERTY IN THE COUNTY IS APPRAISED PURSUANT TO CHAPTER       2,339        

5713. OF THE REVISED CODE, AND SHALL UPDATE THE APPRAISED VALUES   2,340        

IN THE THIRD CALENDAR YEAR FOLLOWING THE APPRAISAL.  The person    2,341        

viewing or appraising a home may enter the home to determine by    2,342        

actual view any additions or fixtures that have been added since   2,343        

the last appraisal.  In conducting the appraisals and              2,344        

establishing the true value, the auditor shall follow the          2,345        

procedures set forth for appraising real property in sections      2,346        

5713.01 and 5713.03 of the Revised Code.                           2,348        

      (4)  The auditor shall place the true value of each home on  2,351        

the manufactured home tax list upon completion of an appraisal.    2,352        

      (5)(a)  If the auditor changes the true value of a home,     2,355        

the auditor shall notify the owner of the home in writing,                      

delivered by mail or in person.  The notice shall be given at      2,356        

                                                          56     


                                                                 
least thirty days prior to the issuance of any tax bill that       2,357        

reflects the change.  Failure to receive the notice does not       2,359        

invalidate any proceeding under this section.                                   

      (b)  Any owner of a home who disagrees with a change to the  2,362        

true value of the home OR ANY OTHER PERSON OR PARTY LISTED IN                   

DIVISION (A)(1) OF SECTION 5715.19 OF THE REVISED CODE may file a  2,363        

complaint AGAINST THE TRUE VALUE OF THE HOME AS APPRAISED UNDER    2,366        

THIS SECTION.  THE COMPLAINT SHALL BE FILED with the county board  2,368        

of revision on or before the thirty-first day of March of the      2,369        

ensuing CURRENT tax year.  The board shall hear and investigate    2,370        

the complaint and may take action on it as provided under          2,371        

sections 5715.11 to 5715.19 of the Revised Code.                   2,372        

      (c)  If the county board of revision determines, pursuant    2,374        

to a complaint against the valuation of a manufactured or mobile   2,375        

home filed under this section, that the amount of taxes,           2,376        

assessments, or other charges paid was in excess of the amount     2,377        

due based on the valuation as finally determined, then the         2,378        

overpayment shall be refunded in the manner prescribed in section  2,380        

5715.22 of the Revised Code.                                                    

      (d)  Payment of all or part of a tax under this section for  2,383        

any year for which a complaint is pending before the county board  2,384        

of revision does not abate the complaint or in any way affect the  2,385        

hearing and determination thereof.                                              

      (M)  If the county auditor determines that any tax,          2,387        

assessment, charge, or any part thereof has been erroneously       2,388        

charged as a result of a clerical error as defined in section      2,389        

319.35 of the Revised Code, the county treasurer and the county    2,391        

board of revision shall remove the erroneous charges on the        2,392        

manufactured home tax list or delinquent manufactured home tax                  

list, and refund any erroneous charges that have been collected,   2,393        

with interest, in the same manner as is prescribed in section      2,394        

319.36 of the Revised Code for erroneous charges against real      2,395        

property.                                                          2,396        

      (N)  AS USED IN THIS SECTION AND SECTION 4503.061 OF THE     2,398        

                                                          57     


                                                                 
REVISED CODE:                                                                   

      (1)  "MANUFACTURED HOME TAXES" INCLUDES TAXES, PENALTIES,    2,400        

AND INTEREST CHARGED UNDER DIVISION (C) OR (G) OF THIS SECTION     2,401        

AND ANY PENALTIES CHARGED UNDER DIVISION (G) OR (H)(5) OF SECTION  2,403        

4503.061 OF THE REVISED CODE.                                                   

      (2)  "CURRENT TAXES" MEANS ALL MANUFACTURED HOME TAXES       2,405        

CHARGED AGAINST A MANUFACTURED OR MOBILE HOME THAT HAVE NOT        2,406        

APPEARED ON THE MANUFACTURED HOME TAX LIST FOR ANY PRIOR YEAR.     2,407        

CURRENT TAXES BECOME DELINQUENT TAXES IF THEY REMAIN UNPAID AFTER  2,408        

THE LAST DAY PRESCRIBED FOR PAYMENT OF THE SECOND INSTALLMENT OF   2,409        

CURRENT TAXES WITHOUT PENALTY, WHETHER OR NOT THEY HAVE BEEN       2,410        

CERTIFIED DELINQUENT.                                              2,411        

      (3)  "DELINQUENT TAXES" MEANS:                               2,413        

      (a)  ANY MANUFACTURED HOME TAXES THAT WERE CHARGED AGAINST   2,415        

A MANUFACTURED OR MOBILE HOME FOR A PRIOR YEAR, INCLUDING ANY      2,416        

PENALTIES OR INTEREST CHARGED FOR A PRIOR YEAR, AND THAT REMAIN    2,417        

UNPAID;                                                                         

      (b)  ANY CURRENT MANUFACTURED HOME TAXES CHARGED AGAINST A   2,419        

MANUFACTURED OR MOBILE HOME THAT REMAIN UNPAID AFTER THE LAST DAY  2,420        

PRESCRIBED FOR PAYMENT OF THE SECOND INSTALLMENT OF CURRENT TAXES  2,421        

WITHOUT PENALTY, WHETHER OR NOT THEY HAVE BEEN CERTIFIED           2,422        

DELINQUENT, INCLUDING ANY PENALTIES OR INTEREST.                   2,423        

      Sec. 4503.061.  (A)  All manufactured and mobile homes       2,432        

shall be listed on either the real property tax list or the        2,433        

manufactured home tax list of the county in which the home has     2,434        

situs.  Each owner shall follow the procedures in this section to  2,435        

identify the home to the county auditor of the county containing   2,436        

the taxing district in which the home has situs so that the        2,437        

auditor may place the home on the appropriate tax list.            2,438        

      (B)  When a manufactured or mobile home first acquires       2,441        

situs in this state and is subject to real property taxation       2,442        

pursuant to division (B)(1) or (2) of section 4503.06 of the       2,443        

Revised Code, the owner shall present to the auditor of the        2,444        

county containing the taxing district in which the home has its    2,445        

                                                          58     


                                                                 
situs the certificate of title for the home, together with proof   2,447        

that all taxes due have been paid and proof that a relocation      2,448        

notice was obtained for the home if required under this section.   2,450        

Upon receiving the certificate of title and the required proofs,                

the auditor shall place the home on the real property tax list     2,452        

and proceed to treat the home as other properties on that list.    2,453        

After the auditor has placed the home on the tax list of real and  2,455        

public utility property, the auditor shall deliver the                          

certificate of title to the clerk of the court of common pleas     2,456        

that issued it pursuant to SECTION 4505.11 of the Revised Code,    2,458        

and the clerk shall inactivate the certificate of title.           2,459        

      (C)(1)  When a manufactured or mobile home subject to a      2,461        

manufactured home tax IS RELOCATED TO OR first acquires situs in   2,462        

any county that has adopted a permanent manufactured home          2,465        

registration system, as provided in division (F) of this section,  2,466        

the owner, within thirty days after the home IS RELOCATED OR       2,467        

FIRST acquires situs under section 4503.06 of the Revised Code,    2,469        

shall register the home with the county auditor of the county      2,470        

containing the taxing district in which the home has its situs.    2,471        

For the first registration in each county of situs, the owner or   2,472        

vendee in possession shall present to the county auditor an Ohio   2,473        

certificate of title, certified copy of the certificate of title,  2,474        

or memorandum certificate of title as such are required by law,    2,475        

and proof, as required by the county auditor, that the home, if    2,476        

it has previously been occupied and is being relocated, has been   2,477        

previously registered, that all taxes due and required to be paid  2,479        

under division (H)(1) of this section before a relocation notice   2,481        

may be issued have been paid, and that a relocation notice was     2,482        

obtained for the home if required by division (H) of this          2,483        

section.  IF THE OWNER OR VENDEE DOES NOT POSSESS THE OHIO         2,484        

CERTIFICATE OF TITLE, CERTIFIED COPY OF THE CERTIFICATE OF TITLE,  2,485        

OR MEMORANDUM CERTIFICATE OF TITLE AT THE TIME THE OWNER OR        2,486        

VENDEE FIRST REGISTERS THE HOME IN A COUNTY, THE COUNTY AUDITOR    2,487        

SHALL REGISTER THE HOME WITHOUT PRESENTATION OF THE DOCUMENT, BUT  2,488        

                                                          59     


                                                                 
THE OWNER OR VENDEE SHALL PRESENT THE CERTIFICATE OF TITLE,        2,489        

CERTIFIED COPY OF THE CERTIFICATE OF TITLE, OR MEMORANDUM          2,490        

CERTIFICATE OF TITLE TO THE COUNTY AUDITOR WITHIN FOURTEEN DAYS    2,491        

AFTER THE OWNER OR VENDEE OBTAINS POSSESSION OF THE DOCUMENT.      2,492        

      (2)  When a manufactured or mobile home is registered for    2,494        

the first time in a county and when the total tax due has been     2,495        

paid as required by division (F) of section 4503.06 of the         2,496        

Revised Code or divisions (E) and (H) of this section, the county  2,498        

treasurer shall note by writing or by a stamp on the certificate   2,499        

of title, certified copy of certificate of title, or memorandum    2,500        

certificate of title that the home has been registered and that    2,501        

the taxes due, if any, have been paid for the preceding five       2,502        

years and for the current year.  The treasurer shall then issue a  2,503        

certificate evidencing registration and a decal to be displayed    2,504        

on the street side of the home.  Such certificate is valid in any  2,506        

county in this state during the year for which it is issued.       2,507        

      (3)  For each year thereafter, the county auditor TREASURER  2,509        

shall issue an advance payment certificate to be presented to the  2,510        

county treasurer with the payment of the A TAX BILL STATING THE    2,511        

AMOUNT OF tax that is due UNDER SECTION 4503.06 OF THE REVISED     2,512        

CODE, AS PROVIDED IN DIVISION (D)(6) OF THAT SECTION.  When the    2,513        

total tax due has been paid as required by division (F) of         2,514        

section 4503.06 of the Revised Code, the county treasurer shall    2,515        

issue a certificate evidencing registration that shall be valid    2,516        

in any county in this state during the year for which the          2,517        

certificate is issued.                                             2,518        

      (4)  The permanent decal issued under this division is       2,520        

valid during the period of ownership, except that when a           2,521        

manufactured home is relocated in another county the owner shall   2,522        

apply for a new registration as required by this section and       2,523        

section 4503.06 of the Revised Code.                               2,524        

      (D)(1)  All owners of manufactured or mobile homes subject   2,526        

to the manufactured home tax BEING RELOCATED TO OR having situs    2,527        

in a county that has not adopted a permanent registration system,  2,529        

                                                          60     


                                                                 
as provided in division (F) of this section, shall register the    2,530        

home within thirty days after the home IS RELOCATED OR FIRST       2,531        

acquires situs under section 4503.06 of the Revised Code and       2,532        

thereafter shall annually register the home with the county        2,533        

auditor of the county containing the taxing district in which the  2,534        

home has its situs.                                                             

      (2)  Upon the annual registration, the county auditor        2,536        

TREASURER shall issue an advance payment certificate, A TAX BILL   2,537        

stating the amount of annual manufactured home tax due, to be      2,539        

presented to the county treasurer with the payment of the tax      2,540        

that is due UNDER SECTION 4503.06 OF THE REVISED CODE, AS          2,541        

PROVIDED IN DIVISION (D)(6) OF THAT SECTION.  When a manufactured  2,542        

or mobile home is registered and when the tax for the current      2,543        

one-half year has been paid as required by division (F) of         2,544        

section 4503.06 of the Revised Code, the county treasurer shall    2,545        

issue a certificate evidencing registration and a decal.  Such     2,546        

certificate and decal are valid in any county in this state        2,547        

during the year for which they are issued.  The decal shall be     2,548        

displayed on the street side of the home.                          2,549        

      (3)  For the first annual registration in each county of     2,551        

situs, the county auditor shall require the owner or vendee to     2,552        

present an Ohio certificate of title, certified copy of the        2,553        

certificate of title, or memorandum certificate of title as such   2,554        

are required by law, and proof, as required by the county          2,555        

auditor, that the manufactured or mobile home has been previously  2,556        

registered, if such registration was required, that all taxes due  2,557        

and required to be paid under division (H)(1) of this section      2,558        

before a relocation notice may be issued have been paid, and that  2,560        

a relocation notice was obtained for the home if required by       2,562        

division (H) of this section.  IF THE OWNER OR VENDEE DOES NOT     2,563        

POSSESS THE OHIO CERTIFICATE OF TITLE, CERTIFIED COPY OF THE       2,564        

CERTIFICATE OF TITLE, OR MEMORANDUM CERTIFICATE OF TITLE AT THE    2,565        

TIME THE OWNER OR VENDEE FIRST REGISTERS THE HOME IN A COUNTY,     2,566        

THE COUNTY AUDITOR SHALL REGISTER THE HOME WITHOUT PRESENTATION    2,567        

                                                          61     


                                                                 
OF THE DOCUMENT, BUT THE OWNER OR VENDEE SHALL PRESENT THE         2,568        

CERTIFICATE OF TITLE, CERTIFIED COPY OF THE CERTIFICATE OF TITLE,  2,569        

OR MEMORANDUM CERTIFICATE OF TITLE TO THE COUNTY AUDITOR WITHIN    2,570        

FOURTEEN DAYS AFTER THE OWNER OR VENDEE OBTAINS POSSESSION OF THE  2,571        

DOCUMENT.  When the county treasurer receives the tax payment,     2,573        

the county treasurer shall note by writing or by a stamp on the    2,574        

certificate of title, certified copy of the certificate of title,               

or memorandum certificate of title that the home has been          2,576        

registered for the current year and that the manufactured home                  

taxes due, if any, have been paid for the preceding five years     2,578        

and for the current year.                                                       

      (4)  For subsequent annual registrations, the auditor may    2,580        

require the owner or vendee in possession to present an Ohio       2,581        

certificate of title, certified copy of the certificate of title,  2,582        

or memorandum certificate of title to the county treasurer upon    2,583        

payment of the manufactured home tax that is due.                  2,584        

      (E)(1)  Upon the application to transfer ownership of a      2,586        

manufactured or mobile home for which manufactured home taxes are  2,587        

paid pursuant to division (C) of section 4503.06 of the Revised    2,588        

Code the clerk of the court of common pleas shall not issue any    2,589        

certificate of title that does not contain or have attached both   2,590        

of the following:                                                               

      (a)  An endorsement of the county auditor TREASURER stating  2,592        

that the home has been registered for each year of ownership and   2,594        

that all manufactured home taxes imposed pursuant to section       2,595        

4503.06 of the Revised Code have been paid OR THAT NO TAX IS DUE;  2,596        

      (b)  An endorsement of the county auditor that the           2,598        

manufactured home transfer tax imposed pursuant to section 322.06  2,600        

of the Revised Code has AND ANY FEES IMPOSED UNDER DIVISION (F)    2,601        

OF SECTION 319.54 OF THE REVISED CODE HAVE been paid.                           

      (2)  If all the taxes have not been paid, the clerk shall    2,604        

notify the vendee to contact the county treasurer of the county    2,605        

containing the taxing district in which the home has its situs at  2,606        

the time of the proposed transfer.  The county treasurer shall     2,607        

                                                          62     


                                                                 
then collect all the taxes that are due for the year of the        2,608        

transfer and all previous years not exceeding a total of five      2,609        

years.  The county treasurer shall distribute that part of the     2,610        

collection owed to the county treasurer of other counties if the   2,612        

home had its situs in another county during a particular year      2,614        

when the unpaid tax became due and payable.  The burden to prove   2,615        

the situs of the home in the years that the taxes were not paid    2,616        

is on the transferor of the home.  UPON PAYMENT OF SUCH TAXES,     2,617        

THE COUNTY AUDITOR SHALL REMOVE ALL REMAINING TAXES FROM THE       2,618        

MANUFACTURED HOME TAX LIST AND THE DELINQUENT MANUFACTURED HOME    2,619        

TAX LIST, AND THE COUNTY TREASURER SHALL RELEASE ALL LIENS FOR     2,620        

SUCH TAXES.  THE CLERK OF COURTS SHALL ISSUE A CERTIFICATE OF      2,621        

TITLE, FREE AND CLEAR OF ALL LIENS FOR MANUFACTURED HOME TAXES,    2,622        

TO THE TRANSFEREE OF THE HOME.                                                  

      (3)  Once the transfer is complete and the certificate of    2,624        

title has been issued, the transferee shall register the           2,625        

manufactured or mobile home PURSUANT TO DIVISION (C) OR (D) OF     2,626        

THIS SECTION with the county auditor of the county containing the  2,627        

taxing district in which the home has its situs at the time of     2,629        

REMAINS AFTER the transfer OR, IF THE HOME IS RELOCATED TO         2,630        

ANOTHER COUNTY, WITH THE COUNTY AUDITOR OF THE COUNTY TO WHICH     2,631        

THE HOME IS RELOCATED.  The transferee need not pay the annual     2,632        

tax for the year of acquisition if the original owner has already  2,633        

paid the annual tax for that year.                                 2,634        

      (F)  The county auditor may adopt a permanent registration   2,636        

system and issue a permanent decal with the first registration as  2,637        

prescribed by the tax commissioner.                                2,638        

      (G)  When any manufactured or mobile home required to be     2,640        

registered by this section is not registered, the county auditor   2,641        

shall impose a penalty of one hundred dollars upon the owner and   2,643        

deposit the amount to the credit of the county real estate         2,644        

assessment fund to be used to pay the costs of administering this  2,645        

section and section 4503.06 of the Revised Code.  If unpaid, the   2,646        

penalty shall constitute a lien on the home and shall be added by  2,647        

                                                          63     


                                                                 
the county auditor to the manufactured home tax list for                        

collection.                                                        2,648        

      (H)(1)  Before moving a manufactured or mobile home on       2,650        

public roads from one address to another address within this       2,651        

state TO ANOTHER ADDRESS WITHIN OR OUTSIDE THIS STATE, the owner   2,652        

of the home shall obtain a relocation notice, as provided by this  2,654        

section, from the auditor of the county in which the home is                    

located if the home is currently subject to taxation pursuant to   2,655        

section 4503.06 of the Revised Code.  The auditor shall charge     2,656        

five dollars for the notice, and deposit the amount to the credit  2,657        

of the county real estate assessment fund to be used to pay the    2,658        

costs of administering this section and section 4503.06 of the     2,659        

Revised Code.  The auditor shall not issue a relocation notice                  

unless all taxes owed on the home under section 4503.06 of the     2,660        

Revised Code that were first charged to the home during the        2,662        

period of ownership of the owner seeking the relocation notice     2,663        

have been paid.  If the home is being moved by a new owner of the  2,664        

home or by a party taking repossession of the home, the auditor    2,665        

shall not issue a relocation notice unless all of the taxes due    2,666        

for the preceding five years and for the current year have been    2,667        

paid.  A RELOCATION NOTICE ISSUED BY A COUNTY AUDITOR IS VALID     2,668        

UNTIL THE LAST DAY OF DECEMBER OF THE YEAR IN WHICH IT WAS         2,669        

ISSUED.                                                                         

      (2)  If a manufactured or mobile home is not yet subject to  2,671        

taxation under section 4503.06 of the Revised Code, the owner of   2,673        

the home shall obtain a relocation notice from the dealer of the   2,674        

home.  Within thirty days after the manufactured or mobile home    2,675        

is purchased, the dealer of the home shall provide the auditor of  2,676        

the county in which the home is to be located written notice of    2,677        

the name of the purchaser of the home, the registration number OR  2,678        

VEHICLE IDENTIFICATION NUMBER of the home, and the address or      2,679        

location to which the home is to be moved.  The county auditor     2,680        

shall provide to each manufactured and mobile home dealer,         2,681        

without charge, a supply of relocation notices to be distributed   2,682        

                                                          64     


                                                                 
to purchasers pursuant to this section.                            2,683        

      (3)  The notice shall be in the form of a one-foot square    2,686        

yellow sign with the words "manufactured home relocation notice"                

printed prominently on it.  The name of the owner of the home,     2,688        

the home's registration number OR VEHICLE IDENTIFICATION NUMBER,                

the county and the address or location to which the home is being  2,690        

moved, and the county in which the notice is issued shall also be  2,691        

entered on the notice.                                                          

      (4)  The relocation notice must be attached to the rear of   2,693        

the home when the home is being moved on a public road.  Except    2,694        

as provided in division (H)(5) of this section, no person shall    2,696        

drive a motor vehicle moving a manufactured or mobile home on a    2,697        

public road from one address to another address within this state  2,698        

unless a relocation notice is attached to the rear of the home.    2,699        

      (5)  If the county auditor determines that a manufactured    2,702        

or mobile home has been moved without a relocation notice as                    

required under this division, the auditor shall impose a penalty   2,704        

of one hundred dollars upon the owner of the home and upon the     2,705        

person who moved the home and deposit the amount to the credit of               

the county real estate assessment fund to pay the costs of         2,706        

administering this section and section 4503.06 of the Revised      2,707        

Code.  IF THE HOME WAS RELOCATED FROM ONE COUNTY IN THIS STATE TO  2,708        

ANOTHER COUNTY IN THIS STATE AND THE COUNTY AUDITOR OF THE COUNTY  2,709        

TO WHICH THE HOME WAS RELOCATED IMPOSES THE PENALTY, THAT COUNTY   2,710        

AUDITOR, UPON COLLECTION THEREOF, SHALL CAUSE AN AMOUNT EQUAL TO   2,712        

THE PENALTY TO BE TRANSMITTED FROM THE COUNTY REAL ESTATE          2,713        

ASSESSMENT FUND TO THE COUNTY AUDITOR OF THE COUNTY FROM WHICH     2,714        

THE HOME WAS RELOCATED, WHO SHALL DEPOSIT THE AMOUNT TO THE        2,715        

CREDIT OF THE COUNTY REAL ESTATE ASSESSMENT FUND.  If the penalty  2,716        

on the owner is unpaid, the penalty shall constitute a lien on                  

the home and the auditor shall add the penalty to the              2,718        

manufactured home tax list for collection.  If the county auditor  2,719        

determines that a dealer that has sold a manufactured or mobile    2,720        

home has failed to timely provide the information required under   2,721        

                                                          65     


                                                                 
this division, the auditor shall impose a penalty upon the dealer  2,722        

in the amount of one hundred dollars.  The penalty shall be        2,723        

credited to the county real estate assessment fund and used to     2,724        

pay the costs of administering this section and section 4503.06    2,725        

of the Revised Code.                                               2,726        

      Sec. 4503.063.  The county auditor and county treasurer may  2,735        

appoint any suitable residents of the county as their deputies to  2,736        

perform any of the duties required of them by sections 4503.06,    2,737        

4503.061, and 4503.062 of the Revised Code.                        2,738        

      The tax commissioner shall prescribe forms which shall       2,740        

contain all relevant information necessary in the collection and   2,741        

payment of the tax and the registration of manufactured and        2,742        

mobile homes, as provided in sections 4503.06 and 4503.061 of the  2,743        

Revised Code, and shall provide such other assistance as           2,744        

necessary to enable the county auditor to administer the tax.      2,745        

      The tax commissioner, upon application of the county         2,747        

auditor PURSUANT TO DIVISION (D)(3) OF SECTION 4503.06 OF THE      2,748        

REVISED CODE, may extend the time for payment of the tax.          2,749        

      Sec. 4503.067.  (A)  At the same time the advance payment    2,758        

certificate TAX BILL for the first half of the tax year is         2,759        

issued, the county auditor shall issue a certificate of reduction  2,760        

in assessable value of a manufactured or mobile home in            2,761        

triplicate for each person who has complied with section 4503.066  2,762        

of the Revised Code and been found by the auditor to be entitled   2,763        

to a reduction of assessable value for the succeeding tax year.    2,764        

The certificate shall set forth the assessable value of the home   2,765        

calculated under section 4503.06 of the Revised Code and the       2,766        

amount of the reduction in assessable value of the home            2,768        

calculated under section 4503.065 of the Revised Code.  Upon                    

issuance of the certificate, the auditor shall reduce the          2,769        

assessable value of the home for the succeeding tax year by the    2,771        

required amount and forward THE ORIGINAL AND one copy of the       2,772        

certificate to the county treasurer.  THE AUDITOR SHALL RETAIN     2,773        

ONE COPY OF THE CERTIFICATE.  The auditor TREASURER shall retain   2,774        

                                                          66     


                                                                 
the original CERTIFICATE and forward the remaining copy to the     2,775        

recipient with the advance payment certificate submitted TAX BILL  2,777        

DELIVERED pursuant to DIVISION (D)(6) OF section 4503.061 4503.06  2,779        

of the Revised Code.                                                            

      (B)  If the application or a continuing application is not   2,781        

approved, the auditor shall notify the applicant of the reasons    2,782        

for denial no later than the first Monday in October.  If a        2,783        

person believes that the person's application for reduction in     2,784        

assessable value of a home has been improperly denied or is for    2,785        

less than that to which the person is entitled, the person may     2,787        

file an appeal with the county board of revision no later than     2,788        

the thirty-first day of January of the following calendar year.    2,789        

The appeal shall be treated in the same manner as a complaint      2,790        

relating to the valuation or assessment of real property under     2,791        

Chapter 5715. of the Revised Code.                                 2,792        

      Sec. 4505.06.  (A)  Application for a certificate of title   2,801        

shall be made in a form prescribed by the registrar of motor       2,802        

vehicles, and shall be sworn to before a notary public or other    2,803        

officer empowered to administer oaths.  The application shall be   2,804        

filed with the clerk of the court of common pleas of the county    2,805        

in which the applicant resides if the applicant is a resident of   2,806        

this state or, if not a resident, in the county in which the       2,807        

transaction is consummated.  An application for a certificate of   2,809        

title may be filed electronically by electronic image              2,810        

transmission in any county in which the clerk of the court of      2,811        

common pleas permits an application to be filed electronically.    2,812        

The signature of an officer empowered to administer oaths that     2,813        

appears on an application for a certificate of title, or on any    2,814        

other document required to be filed by this chapter that has been  2,815        

filed electronically, is not a facsimile signature as defined in   2,816        

section 9.10 of the Revised Code.  Any payments required by this   2,818        

chapter shall be considered as accompanying any electronically     2,819        

transmitted application when payment actually is received by the   2,820        

clerk.  Payment of any fee or taxes may be made by electronic      2,821        

                                                          67     


                                                                 
transfer of funds.                                                              

      The application for a certificate of title shall be          2,823        

accompanied by the fee prescribed in section 4505.09 of the        2,824        

Revised Code; and if a certificate of title previously has been    2,825        

issued for the motor vehicle in this state, it shall be            2,826        

accompanied by that certificate of title duly assigned, unless     2,827        

otherwise provided in this chapter.  If a certificate of title     2,828        

previously has not been issued for the motor vehicle in this       2,829        

state, the application, unless otherwise provided in this          2,830        

chapter, shall be accompanied by a manufacturer's or importer's    2,831        

certificate or by a certificate of title of another state from     2,833        

which the motor vehicle was brought into this state.  If the                    

application refers to a motor vehicle last previously registered   2,834        

in another state, the application also shall be accompanied by     2,835        

the physical inspection certificate required by section 4505.061   2,836        

of the Revised Code.  If the application is made by two persons    2,837        

regarding a motor vehicle in which they wish to establish joint    2,838        

ownership with right of survivorship they may do so as provided    2,839        

in section 2106.17 of the Revised Code.  The clerk shall retain    2,840        

the evidence of title presented by the applicant and on which the  2,841        

certificate of title is issued.  The clerk shall use reasonable    2,842        

diligence in ascertaining whether or not the facts in the          2,843        

application are true by checking the application and documents     2,844        

accompanying it with the records of motor vehicles in the clerk's  2,845        

office; if satisfied that the applicant is the owner of the motor  2,846        

vehicle and that the application is in the proper form, the        2,847        

clerk, within five business days after the application is filed,   2,848        

shall issue a certificate of title over the clerk's signature and  2,849        

sealed with the clerk's seal.  For purposes of the transfer of a   2,850        

certificate of title, if the clerk is satisfied that the secured   2,851        

party has duly discharged a lien notation, but has not canceled    2,852        

the lien notation with the clerk of the county of origin, the      2,853        

clerk may cancel the lien notation on the automated title          2,854        

processing system and notify the clerk of the county of origin.    2,855        

                                                          68     


                                                                 
      In the case of the sale of a motor vehicle to a general      2,857        

buyer or user by a dealer, by a motor vehicle leasing dealer       2,858        

selling the motor vehicle to the lessee or, in a case in which     2,859        

the leasing dealer subleased the motor vehicle, the sublessee, at  2,860        

the end of the lease agreement or sublease agreement, or by a      2,861        

manufactured home broker, the certificate of title shall be        2,862        

obtained in the name of the buyer by the dealer, leasing dealer,   2,864        

or the manufactured home broker, as the case may be, upon          2,865        

application signed by the buyer.  The certificate of title shall   2,866        

be issued within five business days after the application for      2,867        

title is filed with the clerk.  If the buyer of the motor vehicle  2,868        

previously leased the motor vehicle and is buying the motor        2,870        

vehicle at the end of the lease pursuant to that lease, the        2,871        

certificate of title shall be obtained in the name of the buyer                 

by the motor vehicle leasing dealer who previously leased the      2,872        

motor vehicle to the buyer or by the motor vehicle leasing dealer  2,873        

who subleased the motor vehicle to the buyer under a sublease      2,874        

agreement.                                                                      

      In all other cases, except as provided in division (D)(2)    2,876        

of section 4505.11 of the Revised Code, such certificates shall    2,877        

be obtained by the buyer.  In all cases of transfer of a motor     2,879        

vehicle, the application for certificate of title shall be filed   2,880        

within thirty days after the assignment or delivery of the motor   2,881        

vehicle.  If an application for a certificate of title is not      2,882        

filed within that period, the clerk shall collect a fee of five    2,883        

dollars for the issuance of the certificate, except that no such   2,884        

fee shall be required from a motor vehicle salvage dealer, as      2,885        

defined in division (A) of section 4738.01 of the Revised Code,    2,886        

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      2,887        

established by this chapter, and shall be retained by the clerk.   2,888        

The registrar shall provide, on the certificate of title form      2,889        

prescribed by section 4505.07 of the Revised Code, language        2,890        

necessary to give evidence of the date on which the assignment or  2,891        

                                                          69     


                                                                 
delivery of the motor vehicle was made.                            2,892        

      As used in this division, "lease agreement," "lessee," and   2,894        

"sublease agreement" have the same meanings as in section 4505.04  2,895        

of the Revised Code.                                                            

      (B)  The clerk, except as provided in this section, shall    2,897        

refuse to accept for filing any application for a certificate of   2,898        

title and shall refuse to issue a certificate of title unless the  2,899        

dealer or manufactured home broker or the applicant, in cases in   2,900        

which the certificate shall be obtained by the buyer, submits      2,901        

with the application payment of the tax levied by or pursuant to   2,902        

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     2,903        

the tax in accordance with division (E) of this section, the       2,904        

clerk shall issue a receipt prescribed by the registrar and        2,905        

agreed upon by the tax commissioner showing payment of the tax or  2,906        

a receipt issued by the commissioner showing the payment of the    2,907        

tax.  When submitting payment of the tax to the clerk, a dealer    2,908        

shall retain any discount to which the dealer is entitled under    2,909        

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   2,911        

the clerk may retain a poundage fee of one and one one-hundredth   2,912        

per cent, which shall be paid into the certificate of title        2,913        

administration fund created by section 325.33 of the Revised       2,915        

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    2,917        

in section 4517.01 of the Revised Code, the price for the purpose  2,919        

of determining the tax shall be the purchase price on the          2,920        

assigned certificate of title executed by the seller and filed     2,921        

with the clerk by the buyer on a form to be prescribed by the      2,922        

registrar, which shall be prima-facie evidence of the amount for   2,923        

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    2,925        

title that the odometer reflects mileage in excess of the          2,926        

designed mechanical limit of the odometer, the clerk shall enter   2,927        

the phrase "exceeds mechanical limits" following the mileage       2,928        

                                                          70     


                                                                 
designation.  If the transferor indicates on the certificate of    2,929        

title that the odometer reading is not the actual mileage, the     2,930        

clerk shall enter the phrase "nonactual: warning - odometer        2,932        

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    2,934        

the transferor, but is not liable for any errors or omissions of   2,935        

the clerk or those of the clerk's deputies in the performance of   2,936        

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      2,938        

transferor shall swear to the true selling price and, except as    2,939        

provided in this division, the true odometer reading of the motor  2,940        

vehicle.  The registrar may prescribe an affidavit in which the    2,941        

seller and buyer provide information pertaining to the odometer    2,942        

reading of the motor vehicle in addition to that required by this  2,943        

section, as such information may be required by the United States  2,944        

secretary of transportation by rule prescribed under authority of  2,945        

subchapter IV of the "Motor Vehicle Information and Cost Savings   2,946        

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         2,947        

      (2)  Division (C)(1) of this section does not require the    2,950        

giving of information concerning the odometer and odometer         2,951        

reading of a motor vehicle when ownership of a motor vehicle is    2,952        

being transferred as a result of a bequest, under the laws of      2,953        

intestate succession, to a surviving spouse pursuant to section    2,954        

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            2,955        

connection with the creation of a security interest.               2,956        

      (D)  When the transfer to the applicant was made in some     2,958        

other state or in interstate commerce, the clerk, except as        2,959        

provided in this section, shall refuse to issue any certificate    2,960        

of title unless the tax imposed by or pursuant to Chapter 5741.    2,962        

of the Revised Code has been paid as evidenced by a receipt        2,963        

issued by the tax commissioner, or unless the applicant submits    2,964        

with the application payment of the tax.  Upon payment of the tax  2,965        

in accordance with division (E) of this section, the clerk shall   2,966        

issue a receipt prescribed by the registrar and agreed upon by     2,968        

                                                          71     


                                                                 
the tax commissioner, showing payment of the tax.  For receiving   2,969        

and disbursing such taxes paid to the clerk, the clerk may retain  2,970        

a poundage fee of one per cent.  When the vendor is not regularly  2,971        

engaged in the business of selling motor vehicles, the vendor      2,973        

shall not be required to purchase a vendor's license or make       2,974        

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    2,976        

or by certified check, draft, or money order payable to the clerk  2,977        

and submitted with an application for a certificate of title       2,979        

under division (B) or (D) of this section.  The clerk also may     2,980        

accept payment of the tax by corporate, business, or personal      2,981        

check, credit card, electronic transfer or wire transfer, debit    2,982        

card, or any other accepted form of payment made payable to the    2,983        

clerk.  The clerk may require bonds, guarantees, or letters of     2,984        

credit to ensure the collection of corporate, business, or         2,985        

personal checks.  Any service fee charged by a third party to a    2,986        

clerk for the use of any form of payment may be paid by the clerk  2,987        

from the certificate of title administration fund created in       2,988        

section 325.33 of the Revised Code, or may be assessed by the      2,989        

clerk upon the applicant as an additional fee.  Upon collection,   2,990        

the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          2,991        

      The clerk shall make a good faith effort to collect any      2,993        

payment of taxes due but not made because the payment was          2,994        

returned or dishonored, but the clerk is not personally liable     2,995        

for the payment of uncollected taxes or uncollected fees.  The     2,996        

clerk shall notify the tax commissioner of any such payment of     2,997        

taxes that is due but not made and shall furnish such information  2,998        

to the commissioner as the commissioner requires.  The clerk       2,999        

shall deduct the amount of taxes due but not paid from the         3,000        

clerk's periodic remittance of tax payments, in accordance with                 

procedures agreed upon by the tax commissioner.  The commissioner  3,001        

may collect taxes due by assessment in the manner provided in      3,002        

section 5739.13 of the Revised Code.                                            

                                                          72     


                                                                 
      Any person who presents payment that is returned or          3,004        

dishonored for any reason is liable to the clerk for payment of a  3,005        

penalty over and above the amount of the taxes due.  The clerk     3,006        

shall determine the amount of the penalty, which shall be no       3,007        

greater than that amount necessary to compensate the clerk for     3,008        

banking charges, legal fees, or other expenses incurred by the                  

clerk in collecting the returned or dishonored payment.  The       3,009        

remedies and procedures provided in this section are in addition   3,010        

to any other available civil or criminal remedies.  Subsequently   3,011        

collected penalties, poundage, and title fees, less any title fee  3,013        

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              3,014        

administration fund.  Subsequently collected taxes, less           3,015        

poundage, shall be sent by the clerk to the treasurer of state at  3,016        

the next scheduled periodic remittance of tax payments, with such  3,017        

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       3,018        

      (F)  In the following cases, the clerk shall accept for      3,020        

filing such application and shall issue a certificate of title     3,021        

without requiring payment or evidence of payment of the tax:       3,022        

      (1)  When the purchaser is this state or any of its          3,024        

political subdivisions, a church, or an organization whose         3,025        

purchases are exempted by section 5739.02 of the Revised Code;     3,026        

      (2)  When the transaction in this state is not a retail      3,028        

sale as defined by section 5739.01 of the Revised Code;            3,029        

      (3)  When the purchase is outside this state or in           3,031        

interstate commerce and the purpose of the purchaser is not to     3,032        

use, store, or consume within the meaning of section 5741.01 of    3,033        

the Revised Code;                                                  3,034        

      (4)  When the purchaser is the federal government;           3,036        

      (5)  When the motor vehicle was purchased outside this       3,038        

state for use outside this state;                                  3,039        

      (6)  When the motor vehicle is purchased by a nonresident    3,041        

of this state for immediate removal from this state, and will be   3,042        

                                                          73     


                                                                 
permanently titled and registered in another state, as provided    3,043        

by division (B)(23) of section 5739.02 of the Revised Code, and    3,044        

upon presentation of a copy of the affidavit provided by that      3,045        

section, and a copy of the exemption certificate provided by       3,046        

section 5739.03 of the Revised Code.                               3,047        

      The clerk shall forward all payments of taxes, less          3,049        

poundage fee, to the treasurer of state in a manner to be          3,050        

prescribed by the tax commissioner and shall furnish such          3,051        

information to the commissioner as the commissioner requires.      3,052        

      (G)  An application, as prescribed by the registrar and      3,055        

agreed to by the tax commissioner, shall be filled out and sworn                

to by the buyer of a motor vehicle in a casual sale.  The          3,056        

application shall contain the following notice in bold lettering:  3,057        

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     3,058        

are required by law to state the true selling price.  A false      3,059        

statement is in violation of section 2921.13 of the Revised Code   3,061        

and is punishable by six months' imprisonment or a fine of up to   3,062        

one thousand dollars, or both.  All transfers are audited by the   3,063        

department of taxation.  The seller and buyer must provide any     3,064        

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               3,065        

      (H)  For sales of manufactured homes or mobile homes         3,067        

occurring on or after January 1, 2000, the clerk shall accept for  3,068        

filing, pursuant to Chapter 5739. of the Revised Code, an          3,070        

application for a certificate of title for a manufactured home or  3,071        

mobile home without requiring payment of any tax pursuant to       3,072        

section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised    3,074        

Code, or a receipt issued by the tax commissioner showing payment  3,075        

of the tax.  For sales of manufactured homes or mobile homes       3,076        

occurring on or after January 1, 2000, the applicant shall pay to  3,077        

the clerk a AN ADDITIONAL fee of five dollars for each             3,079        

certificate of title issued by the clerk for a manufactured or     3,080        

mobile home PURSUANT TO DIVISION (H) OF SECTION 4505.11 OF THE     3,081        

REVISED CODE AND FOR EACH CERTIFICATE OF TITLE ISSUED UPON         3,082        

                                                          74     


                                                                 
TRANSFER OF OWNERSHIP OF THE HOME.  The clerk shall credit the     3,083        

fee to the county title administration fund, and the fee shall be  3,084        

used to pay the expenses of archiving such certificates pursuant   3,085        

to division (A) of section 4505.08 and division (H)(3) of section  3,087        

4505.11 of the Revised Code.  The tax commissioner shall           3,089        

administer any tax on a manufactured or mobile home pursuant to    3,090        

Chapters 5739. and 5741. of the Revised Code.                      3,091        

      Sec. 4505.11.  (A)  Each owner of a motor vehicle and each   3,100        

person mentioned as owner in the last certificate of title, when   3,101        

the motor vehicle is dismantled, destroyed, or changed in such     3,102        

manner that it loses its character as a motor vehicle, or changed  3,103        

in such manner that it is not the motor vehicle described in the   3,104        

certificate of title, shall surrender the certificate of title to  3,106        

that motor vehicle to the clerk of the court of common pleas who                

issued it, and thereupon the clerk, with the consent of any        3,108        

holders of any liens noted thereon, shall enter a cancellation     3,109        

upon the clerk's records and shall notify the registrar of motor   3,110        

vehicles of the cancellation.                                                   

      Upon the cancellation of a certificate of title in the       3,112        

manner prescribed by this section, the clerk and the registrar of  3,114        

motor vehicles may cancel and destroy all certificates and all     3,115        

memorandum certificates in that chain of title.                    3,116        

      (B)  Where an Ohio certificate of title or salvage           3,118        

certificate of title to a motor vehicle is assigned to a salvage   3,119        

dealer, the dealer is not required to obtain an Ohio certificate   3,121        

of title or a salvage certificate of title to the motor vehicle    3,122        

in the dealer's own name if the dealer dismantles or destroys the  3,123        

motor vehicle, indicates the number of the dealer's motor vehicle  3,124        

salvage dealer's license thereon, marks "FOR DESTRUCTION" across   3,126        

the face of the certificate of title or salvage certificate of     3,127        

title, and surrenders the certificate of title or salvage          3,128        

certificate of title to the clerk of the court of common pleas as  3,129        

provided in division (A) of this section.  If the salvage dealer   3,130        

retains the motor vehicle for resale, the dealer shall make        3,131        

                                                          75     


                                                                 
application for a salvage certificate of title to the motor                     

vehicle in the dealer's own name as provided in division (C)(1)    3,132        

of this section.                                                   3,133        

      (C)(1)  When an insurance company declares it economically   3,135        

impractical to repair such a motor vehicle and has paid an agreed  3,136        

price for the purchase of the motor vehicle to any insured or      3,137        

claimant owner, the insurance company shall receive the            3,138        

certificate of title and the motor vehicle and proceed as          3,139        

follows.  Within thirty days the insurance company shall deliver   3,140        

the certificate of title to the clerk of the court of common       3,141        

pleas and shall make application for a salvage certificate of      3,142        

title.  The clerk shall issue the salvage certificate of title on  3,143        

a form, prescribed by the registrar, that shall be easily          3,145        

distinguishable from the original certificate of title and shall   3,146        

bear the same number and information as the original certificate   3,147        

of title.  Except as provided in division (C)(2) of this section,  3,148        

the salvage certificate of title shall be assigned by the          3,149        

insurance company to a salvage dealer or any other person for use  3,150        

as evidence of ownership upon the sale or other disposition of     3,151        

the motor vehicle, and the salvage certificate of title shall be   3,152        

transferrable to any other person.  The clerk shall charge a fee   3,153        

of four dollars for the cost of processing each salvage            3,154        

certificate of title.                                              3,155        

      (2)  If an insurance company considers a motor vehicle as    3,157        

described in division (C)(1) of this section to be impossible to   3,158        

restore for highway operation, the insurance company may assign    3,159        

the certificate of title to the motor vehicle to a salvage dealer  3,160        

or scrap metal processing facility and send the assigned           3,161        

certificate of title to the clerk of the court of common pleas of  3,162        

the county in which the salvage dealer or scrap metal processing   3,163        

facility is located.  The insurance company shall mark the face    3,164        

of the certificate of title "FOR DESTRUCTION" and shall deliver a  3,165        

photocopy of the certificate of title to the salvage dealer or     3,166        

scrap metal processing facility for its records.                   3,167        

                                                          76     


                                                                 
      (3)  If an insurance company declares it economically        3,169        

impractical to repair a motor vehicle, agrees to pay to the        3,170        

insured or claimant owner an amount in settlement of a claim       3,171        

against a policy of motor vehicle insurance covering the motor     3,172        

vehicle, and agrees to permit the insured or claimant owner to     3,173        

retain possession of the motor vehicle, the insurance company      3,174        

shall not pay the insured or claimant owner any amount in          3,175        

settlement of the insurance claim until the owner obtains a        3,176        

salvage certificate of title to the vehicle and furnishes a copy   3,177        

of the salvage certificate of title to the insurance company.      3,178        

      (D)  When a self-insured organization, rental or leasing     3,180        

company, or secured creditor becomes the owner of a motor vehicle  3,181        

that is burned, damaged, or dismantled and is determined to be     3,182        

economically impractical to repair, the self-insured               3,183        

organization, rental or leasing company, or secured creditor       3,184        

shall do one of the following:                                     3,185        

      (1)  Mark the face of the certificate of title to the motor  3,187        

vehicle "FOR DESTRUCTION" and surrender the certificate of title   3,188        

to the clerk of the court of common pleas for cancellation as      3,189        

described in division (A) of this section.  The self-insured       3,190        

organization, rental or leasing company, or secured creditor       3,191        

thereupon shall deliver the motor vehicle, together with a         3,192        

photocopy of the certificate of title, to a salvage dealer or      3,193        

scrap metal processing facility and shall cause the motor vehicle  3,194        

to be dismantled, flattened, crushed, or destroyed.                3,195        

      (2)  Obtain a salvage certificate of title to the motor      3,197        

vehicle in the name of the self-insured organization, rental or    3,198        

leasing company, or secured creditor, as provided in division      3,199        

(C)(1) of this section, and then sell or otherwise dispose of the  3,200        

motor vehicle.  If the motor vehicle is sold, the self-insured     3,201        

organization, rental or leasing company, or secured creditor       3,202        

shall obtain a salvage certificate of title to the motor vehicle   3,203        

in the name of the purchaser from the clerk of the court of        3,204        

common pleas of the county in which the purchaser resides.         3,205        

                                                          77     


                                                                 
      (E)  If a motor vehicle titled with a salvage certificate    3,207        

of title is restored for operation upon the highways, application  3,208        

shall be made to the clerk of the court of common pleas for a      3,209        

certificate of title.  Upon inspection by the state highway        3,210        

patrol, which shall include establishing proof of ownership and    3,211        

an inspection of the motor number and vehicle identification       3,212        

number of the motor vehicle and of documentation or receipts for   3,213        

the materials used in restoration by the owner of the motor        3,214        

vehicle being inspected, which documentation or receipts shall be  3,215        

presented at the time of inspection, the clerk, upon surrender of  3,216        

the salvage certificate of title, shall issue a certificate of     3,217        

title for a fee prescribed by the registrar.  The certificate of   3,218        

title shall be in the same form as the original certificate of     3,219        

title, shall bear the same number as the salvage certificate of    3,220        

title and the original certificate of title, and shall bear the    3,221        

words "REBUILT SALVAGE" in black boldface letters on its face.     3,222        

Every subsequent certificate of title, memorandum certificate of   3,223        

title, or duplicate certificate of title issued for the motor      3,224        

vehicle also shall bear the words "REBUILT SALVAGE" in black       3,226        

boldface letters on its face.  The exact location on the face of   3,227        

the certificate of title of the words "REBUILT SALVAGE" shall be   3,228        

determined by the registrar, who shall develop an automated        3,229        

procedure within the automated title processing system to comply   3,230        

with this division.  The clerk shall use reasonable care in        3,231        

performing the duties imposed on the clerk by this division in     3,232        

issuing a certificate of title pursuant to this division, but the  3,234        

clerk is not liable for any of the clerk's errors or omissions or  3,235        

those of the clerk's deputies, or the automated title processing   3,237        

system in the performance of those duties.  A fee of forty                      

dollars in fiscal year 1998 and fifty dollars in fiscal year 1999  3,239        

and thereafter shall be assessed by the state highway patrol for   3,240        

each inspection made pursuant to this division and shall be        3,241        

deposited into the state highway safety fund established by        3,242        

section 4501.06 of the Revised Code.                                            

                                                          78     


                                                                 
      (F)  No person shall operate upon the highways in this       3,244        

state a motor vehicle, title to which is evidenced by a salvage    3,245        

certificate of title, except to deliver the motor vehicle          3,246        

pursuant to an appointment for an inspection under this section.   3,247        

      (G)  No motor vehicle the certificate of title to which has  3,249        

been marked "FOR DESTRUCTION" and surrendered to the clerk of the  3,250        

court of common pleas shall be used for anything except parts and  3,251        

scrap metal.                                                       3,252        

      (H)(1)  Except as otherwise provided in this division, an    3,255        

owner of a manufactured or mobile home that will be taxed as real  3,256        

property pursuant to division (B) of section 4503.06 of the        3,257        

Revised Code, shall surrender the certificate of title to the      3,259        

auditor of the county containing the taxing district in which the  3,260        

home is located.  An owner whose home qualifies for real property  3,261        

taxation under division DIVISIONS (B)(1)(a) and (b) of section     3,263        

4503.06 of the Revised Code shall surrender the certificate        3,265        

within fifteen days after the home meets the conditions specified  3,266        

in that division THOSE DIVISIONS.  The auditor shall deliver the   3,267        

certificate of title to the clerk of the court of common pleas     3,269        

that WHO issued it.                                                             

      (2)  If the certificate of title for a manufactured or       3,271        

mobile home that is to be taxed as real property is held by a      3,272        

lienholder, the lienholder shall surrender the certificate of      3,274        

title to the auditor of the county containing the taxing district  3,275        

in which the home is located, and the auditor shall deliver the    3,276        

certificate of title to THE clerk the of the court of common       3,277        

pleas that WHO issued it.  The lienholder shall surrender the      3,278        

certificate within thirty days after both of the following have    3,279        

occurred:                                                          3,280        

      (a)  The homeowner has provided written notice to the        3,283        

lienholder requesting that the certificate of title be                          

surrendered to the auditor of the county containing the taxing     3,285        

district in which the home is located;                             3,286        

      (b)  The homeowner has either paid the lienholder the        3,289        

                                                          79     


                                                                 
remaining balance owed to the lienholder, or, with the                          

lienholder's consent, executed and delivered to the lienholder a   3,291        

mortgage on the home and land on which the home is sited in the    3,292        

amount of the remaining balance owed to the lienholder.            3,293        

      (3)  Upon the delivery of a certificate of title by the      3,295        

county auditor to the clerk of the court, the clerk of the court   3,297        

shall inactivate it and retain it for a period of thirty years.    3,298        

      (4)  UPON APPLICATION BY THE OWNER OF A MANUFACTURED OR      3,300        

MOBILE HOME THAT IS TAXED AS REAL PROPERTY PURSUANT TO DIVISION    3,301        

(B) OF SECTION 4503.06 OF THE REVISED CODE AND THAT NO LONGER      3,302        

SATISFIES DIVISIONS (B)(1)(a) AND (b) OR DIVISIONS (B)(2)(a) AND   3,304        

(b) OF THAT SECTION, THE CLERK OF COURT SHALL REACTIVATE THE       3,306        

RECORD OF THE CERTIFICATE OF TITLE THAT WAS INACTIVATED UNDER                   

DIVISION (H)(3) OF THIS SECTION AND SHALL ISSUE A NEW CERTIFICATE  3,308        

OF TITLE, BUT ONLY IF THE APPLICATION CONTAINS OR HAS ATTACHED TO               

IT ALL OF THE FOLLOWING:                                           3,309        

      (a)  AN ENDORSEMENT OF THE COUNTY TREASURER THAT ALL REAL    3,311        

PROPERTY TAXES CHARGED AGAINST THE HOME UNDER TITLE LVII OF THE    3,312        

REVISED CODE AND DIVISION (B) OF SECTION 4503.06 OF THE REVISED    3,313        

CODE FOR ALL PRECEDING TAX YEARS HAVE BEEN PAID;                   3,314        

      (b)  AN ENDORSEMENT OF THE COUNTY AUDITOR THAT THE HOME      3,316        

WILL BE REMOVED FROM THE REAL PROPERTY TAX LIST;                   3,317        

      (c)  PROOF THAT THERE ARE NO OUTSTANDING MORTGAGES OR OTHER  3,319        

LIENS ON THE HOME OR, IF THERE ARE SUCH MORTGAGES OR OTHER LIENS,  3,320        

THAT THE MORTGAGEE OR LIENHOLDER HAS CONSENTED TO THE              3,321        

REACTIVATION OF THE CERTIFICATE OF TITLE.                          3,322        

      Sec. 4513.01.  The definitions set forth in NOTWITHSTANDING  3,331        

section 4511.01 of the Revised Code apply to sections 4513.01 to   3,334        

4513.37, inclusive, of the Revised Code "MOTOR VEHICLE" INCLUDES   3,335        

MANUFACTURED HOMES AND MOBILE HOMES FOR THE PURPOSES OF SECTIONS   3,336        

4513.60 TO 4513.65 OF THE REVISED CODE.                                         

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     3,345        

the Revised Code:                                                  3,346        

      (A)  "Persons" includes individuals, firms, partnerships,    3,348        

                                                          80     


                                                                 
associations, joint stock companies, corporations, and any         3,349        

combinations of individuals.                                       3,350        

      (B)  "Motor vehicle" means motor vehicle as defined in       3,352        

section 4501.01 of the Revised Code and also includes              3,353        

"all-purpose vehicle" and "off-highway motorcycle" as those terms  3,354        

are defined in section 4519.01 of the Revised Code AND             3,355        

MANUFACTURED AND MOBILE HOMES.                                                  

      (C)  "New motor vehicle" means a motor vehicle, the legal    3,357        

title to which has never been transferred by a manufacturer,       3,358        

remanufacturer, distributor, or dealer to an ultimate purchaser.   3,359        

      (D)  "Ultimate purchaser" means, with respect to any new     3,361        

motor vehicle, the first person, other than a dealer purchasing    3,362        

in the capacity of a dealer, who in good faith purchases such new  3,364        

motor vehicle for purposes other than resale.                      3,365        

      (E)  "Business" includes any activities engaged in by any    3,367        

person for the object of gain, benefit, or advantage either        3,368        

direct or indirect.                                                3,369        

      (F)  "Engaging in business" means commencing, conducting,    3,371        

or continuing in business, or liquidating a business when the      3,372        

liquidator thereof holds self out to be conducting such business;  3,375        

making a casual sale or otherwise making transfers in the          3,376        

ordinary course of business when the transfers are made in                      

connection with the disposition of all or substantially all of     3,377        

the transferor's assets is not engaging in business.               3,378        

      (G)  "Retail sale" or "sale at retail" means the act or      3,380        

attempted act of selling, bartering, exchanging, or otherwise      3,381        

disposing of a motor vehicle to an ultimate purchaser for use as   3,382        

a consumer.                                                        3,383        

      (H)  "Retail installment contract" includes any contract in  3,385        

the form of a note, chattel mortgage, conditional sales contract,  3,386        

lease, agreement, or other instrument payable in one or more       3,387        

installments over a period of time and arising out of the retail   3,388        

sale of a motor vehicle.                                           3,389        

      (I)  "Farm machinery" means all machines and tools used in   3,391        

                                                          81     


                                                                 
the production, harvesting, and care of farm products.             3,392        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  3,394        

vehicle dealer, any motor vehicle leasing dealer, and any used     3,395        

motor vehicle dealer.                                              3,396        

      (K)  "New motor vehicle dealer" means any person engaged in  3,398        

the business of selling at retail, displaying, offering for sale,  3,399        

or dealing in new motor vehicles pursuant to a contract or         3,400        

agreement entered into with the manufacturer, remanufacturer, or   3,401        

distributor of the motor vehicles.                                 3,402        

      (L)  "Used motor vehicle dealer" means any person engaged    3,404        

in the business of selling, displaying, offering for sale, or      3,405        

dealing in used motor vehicles, at retail or wholesale, but does   3,406        

not mean any new motor vehicle dealer selling, displaying,         3,407        

offering for sale, or dealing in used motor vehicles incidentally  3,408        

to engaging in the business of selling, displaying, offering for   3,409        

sale, or dealing in new motor vehicles, any person engaged in the  3,410        

business of dismantling, salvaging, or rebuilding motor vehicles   3,411        

by means of using used parts, or any public officer performing     3,412        

official duties.                                                   3,413        

      (M)  "Motor vehicle leasing dealer" means any person         3,415        

engaged in the business of regularly making available, offering    3,416        

to make available, or arranging for another person to use a motor  3,417        

vehicle pursuant to a bailment, lease, sublease, or other          3,418        

contractual arrangement under which a charge is made for its use   3,420        

at a periodic rate for a term of thirty days or more, and title    3,421        

to the motor vehicle is in and remains in the motor vehicle        3,423        

leasing dealer who originally leases it, irrespective of whether                

or not the motor vehicle is the subject of a later sublease, and   3,424        

not in the user, but does not mean a manufacturer or its           3,426        

affiliate leasing to its employees or to dealers.                  3,427        

      (N)  "Salesperson" means any person employed by a dealer or  3,429        

manufactured home broker to sell, display, and offer for sale, or  3,430        

deal in motor vehicles for a commission, compensation, or other    3,432        

valuable consideration, but does not mean any public officer       3,433        

                                                          82     


                                                                 
performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  3,435        

a person other than a new motor vehicle dealer, used motor         3,436        

vehicle dealer, motor vehicle salvage dealer, as defined in        3,437        

division (A) of section 4738.01 of the Revised Code, salesperson,  3,438        

motor vehicle auction owner, manufacturer, or distributor acting   3,439        

in the capacity of a dealer, salesperson, auction owner,           3,440        

manufacturer, or distributor, to a person who purchases the motor  3,441        

vehicle for use as a consumer.                                     3,442        

      (P)  "Motor vehicle show" means a display of current models  3,444        

of motor vehicles whereby the primary purpose is the exhibition    3,445        

of competitive makes and models in order to provide the general    3,446        

public the opportunity to review and inspect various makes and     3,447        

models of motor vehicles at a single location.                     3,448        

      (Q)  "Motor vehicle auction owner" means any person who is   3,450        

engaged wholly or in part in the business of auctioning motor      3,451        

vehicles.                                                          3,452        

      (R)  "Manufacturer" means a person who manufactures,         3,454        

assembles, or imports motor vehicles, including motor homes, but   3,455        

does not mean a person who only assembles or installs a body,      3,456        

special equipment unit, finishing trim, or accessories on a motor  3,457        

vehicle chassis supplied by a manufacturer or distributor.         3,458        

      (S)  "Tent-type fold-out camping trailer" means any vehicle  3,460        

intended to be used, when stationary, as a temporary shelter with  3,461        

living and sleeping facilities, and which is subject to the        3,462        

following properties and limitations:                              3,463        

      (1)  A minimum of twenty-five per cent of the fold-out       3,465        

portion of the top and sidewalls combined must be constructed of   3,466        

canvas, vinyl, or other fabric, and form an integral part of the   3,467        

shelter.                                                           3,468        

      (2)  When folded, the unit must not exceed:                  3,470        

      (a)  Fifteen feet in length, exclusive of bumper and         3,472        

tongue;                                                            3,473        

      (b)  Sixty inches in height from the point of contact with   3,475        

                                                          83     


                                                                 
the ground;                                                        3,476        

      (c)  Eight feet in width;                                    3,478        

      (d)  One ton gross weight at time of sale.                   3,480        

      (T)  "Distributor" means any person authorized by a motor    3,482        

vehicle manufacturer to distribute new motor vehicles to licensed  3,483        

new motor vehicle dealers, but does not mean a person who only     3,484        

assembles or installs a body, special equipment unit, finishing    3,485        

trim, or accessories on a motor vehicle chassis supplied by a      3,486        

manufacturer or distributor.                                       3,487        

      (U)  "Flea market" means a market place, other than a        3,489        

dealer's location licensed under this chapter, where a space or    3,490        

location is provided for a fee or compensation to a seller to      3,491        

exhibit and offer for sale or trade, motor vehicles to the         3,492        

general public.                                                    3,493        

      (V)  "Franchise" means any written agreement, contract, or   3,495        

understanding between any motor vehicle manufacturer or            3,496        

remanufacturer engaged in commerce and any motor vehicle dealer,   3,497        

which purports to fix the legal rights and liabilities of the      3,498        

parties to such agreement, contract, or understanding.             3,499        

      (W)  "Franchisee" means a person who receives new motor      3,501        

vehicles from the franchisor under a franchise agreement and who   3,502        

offers, sells, and provides service for such new motor vehicles    3,503        

to the general public.                                             3,504        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    3,506        

remanufacturer, or distributor who supplies new motor vehicles     3,507        

under a franchise agreement to a franchisee.                       3,508        

      (Y)  "Dealer organization" means a state or local trade      3,510        

association the membership of which is comprised predominantly of  3,511        

new motor vehicle dealers.                                         3,512        

      (Z)  "Factory representative" means a representative         3,514        

employed by a manufacturer, remanufacturer, or by a factory        3,515        

branch primarily for the purpose of promoting the sale of its      3,516        

motor vehicles, parts, or accessories to dealers or for            3,517        

supervising or contacting its dealers or prospective dealers.      3,518        

                                                          84     


                                                                 
      (AA)  "Administrative or executive management" means those   3,520        

individuals who are not subject to federal wage and hour laws.     3,521        

      (BB)  "Good faith" means honesty in the conduct or           3,523        

transaction concerned and the observance of reasonable commercial  3,524        

standards of fair dealing in the trade as is defined in division   3,525        

(S) of section 1301.01 of the Revised Code, including, but not     3,526        

limited to, the duty to act in a fair and equitable manner so as   3,527        

to guarantee freedom from coercion, intimidation, or threats of    3,528        

coercion or intimidation; provided however, that recommendation,   3,529        

endorsement, exposition, persuasion, urging, or argument shall     3,530        

not be considered to constitute a lack of good faith.              3,531        

      (CC)  "Coerce" means to compel or attempt to compel by       3,533        

failing to act in good faith or by threat of economic harm,        3,534        

breach of contract, or other adverse consequences.  Coerce does    3,535        

not mean to argue, urge, recommend, or persuade.                   3,536        

      (DD)  "Relevant market area" means any area within a radius  3,538        

of ten miles from the site of a potential new dealership, except   3,539        

that for manufactured home or recreational vehicle dealerships     3,540        

the radius shall be twenty-five miles.                             3,541        

      (EE)  "Wholesale" or "at wholesale" means the act or         3,543        

attempted act of selling, bartering, exchanging, or otherwise      3,544        

disposing of a motor vehicle to a transferee for the purpose of    3,545        

resale and not for ultimate consumption by that transferee.        3,546        

      (FF)  "Motor vehicle wholesaler" means any person licensed   3,548        

as a dealer under the laws of another state and engaged in the     3,550        

business of selling, displaying, or offering for sale used motor   3,551        

vehicles, at wholesale, but does not mean any motor vehicle                     

dealer as defined in this section.                                 3,552        

      (GG)(1)  "Remanufacturer" means a person who assembles or    3,554        

installs passenger seating, walls, a roof elevation, or a body     3,555        

extension on a conversion van with the motor vehicle chassis       3,556        

supplied by a manufacturer or distributor, a person who modifies   3,558        

a truck chassis supplied by a manufacturer or distributor for use  3,559        

as a public safety or public service vehicle, a person who         3,560        

                                                          85     


                                                                 
modifies a motor vehicle chassis supplied by a manufacturer or     3,561        

distributor for use as a limousine or hearse, or a person who      3,562        

modifies an incomplete motor vehicle cab and chassis supplied by   3,563        

a new motor vehicle dealer or distributor for use as a tow truck,  3,564        

but does not mean either of the following:                         3,565        

      (a)  A person who assembles or installs passenger seating,   3,567        

walls, a roof elevation, or a body extension on a manufactured     3,568        

home as defined in division (C)(4) of section 3781.06 of the       3,569        

Revised Code, a mobile home as defined in division (O) and         3,571        

referred to in division (B) of section 4501.01 of the Revised      3,572        

Code, or a recreational vehicle as defined in division (Q) and     3,573        

referred to in division (B) of section 4501.01 of the Revised      3,574        

Code;                                                                           

      (b)  A person who assembles or installs special equipment    3,576        

or accessories for handicapped persons, as defined in section      3,577        

4503.44 of the Revised Code, upon a motor vehicle chassis          3,578        

supplied by a manufacturer or distributor.                         3,579        

      (2)  For the purposes of division (GG)(1) of this section,   3,581        

"public safety vehicle or public service vehicle" means a fire     3,583        

truck, ambulance, school bus, street sweeper, garbage packing      3,584        

truck, or cement mixer, or a mobile self-contained facility        3,585        

vehicle.                                                                        

      (3)  For the purposes of division (GG)(1) of this section,   3,587        

"limousine" means a motor vehicle, designed only for the purpose   3,588        

of carrying nine or fewer passengers, that a person modifies by    3,589        

cutting the original chassis, lengthening the wheelbase by forty   3,590        

inches or more, and reinforcing the chassis in such a way that     3,592        

all modifications comply with all applicable federal motor                      

vehicle safety standards.  No person shall qualify as or be        3,593        

deemed to be a remanufacturer who produces limousines unless the   3,594        

person has a written agreement with the manufacturer of the        3,595        

chassis the person utilizes to produce the limousines to complete  3,596        

properly the remanufacture of the chassis into limousines.         3,597        

      (4)  For the purposes of division (GG)(1) of this section,   3,599        

                                                          86     


                                                                 
"hearse" means a motor vehicle, designed only for the purpose of   3,600        

transporting a single casket, that is equipped with a compartment  3,601        

designed specifically to carry a single casket that a person       3,602        

modifies by cutting the original chassis, lengthening the          3,603        

wheelbase by ten inches or more, and reinforcing the chassis in    3,604        

such a way that all modifications comply with all applicable       3,605        

federal motor vehicle safety standards.  No person shall qualify   3,606        

as or be deemed to be a remanufacturer who produces hearses        3,607        

unless the person has a written agreement with the manufacturer    3,608        

of the chassis the person utilizes to produce the hearses to       3,609        

complete properly the remanufacture of the chassis into hearses.   3,610        

      (5)  For the purposes of division (GG)(1) of this section,   3,612        

"mobile self-contained facility vehicle" means a mobile classroom  3,613        

vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,       3,614        

testing laboratory, and mobile display vehicle, each of which is   3,615        

designed for purposes other than for passenger transportation and  3,617        

other than the transportation or displacement of cargo, freight,   3,618        

materials, or merchandise.  A vehicle is remanufactured into a     3,619        

mobile self-contained facility vehicle in part by the addition of  3,620        

insulation to the body shell, and installation of all of the       3,621        

following:  a generator, electrical wiring, plumbing, holding      3,622        

tanks, doors, windows, cabinets, shelving, and heating,                         

ventilating, and air conditioning systems.                         3,623        

      (6)  For the purposes of division (GG)(1) of this section,   3,626        

"tow truck" means both of the following:                                        

      (a)  An incomplete cab and chassis that are purchased by a   3,629        

remanufacturer from a new motor vehicle dealer or distributor of   3,630        

the cab and chassis and on which the remanufacturer then installs  3,631        

in a permanent manner a wrecker body it purchases from a           3,632        

manufacturer or distributor of wrecker bodies, installs an         3,633        

emergency flashing light pylon and emergency lights upon the mast  3,634        

of the wrecker body or rooftop, and installs such other related    3,635        

accessories and equipment, including push bumpers, front grille    3,636        

guards with pads and other custom-ordered items such as painting,  3,637        

                                                          87     


                                                                 
special lettering, and safety striping so as to create a complete  3,638        

motor vehicle capable of lifting and towing another motor          3,639        

vehicle.                                                                        

      (b)  An incomplete cab and chassis that are purchased by a   3,642        

remanufacturer from a new motor vehicle dealer or distributor of   3,643        

the cab and chassis and on which the remanufacturer then installs  3,644        

in a permanent manner a car carrier body it purchases from a       3,645        

manufacturer or distributor of car carrier bodies, installs an     3,646        

emergency flashing light pylon and emergency lights upon the       3,647        

rooftop, and installs such other related accessories and           3,648        

equipment, including push bumpers, front grille guards with pads   3,649        

and other custom-ordered items such as painting, special           3,650        

lettering, and safety striping.                                                 

      As used in division (G)(6)(b) of this section, "car carrier  3,653        

body" means a mechanical or hydraulic apparatus capable of         3,654        

lifting and holding a motor vehicle on a flat level surface so     3,655        

that one or more motor vehicles can be transported, once the car   3,656        

carrier is permanently installed upon an incomplete cab and        3,657        

chassis.                                                                        

      (HH)  "Operating as a new motor vehicle dealership" means    3,659        

engaging in activities such as displaying, offering for sale, and  3,660        

selling new motor vehicles at retail, operating a service          3,661        

facility to perform repairs and maintenance on motor vehicles,     3,662        

offering for sale and selling motor vehicle parts at retail, and   3,663        

conducting all other acts that are usual and customary to the      3,664        

operation of a new motor vehicle dealership.  For the purposes of  3,665        

this chapter only, possession of either a valid new motor vehicle  3,666        

dealer franchise agreement or a new motor vehicle dealers          3,667        

license, or both of these items, is not evidence that a person is  3,668        

operating as a new motor vehicle dealership.                       3,669        

      (II)  "Manufactured home broker" means any person acting as  3,671        

a selling agent on behalf of an owner of a manufactured OR MOBILE  3,672        

home that is subject to taxation under section 4503.06 of the      3,674        

Revised Code.                                                                   

                                                          88     


                                                                 
      (JJ)  "Outdoor power equipment" means garden and small       3,676        

utility tractors, walk-behind and riding mowers, chainsaws, and    3,677        

tillers.                                                                        

      Sec. 4517.03.  (A)  A place of business that is used for     3,686        

selling, displaying, offering for sale, or dealing in motor        3,687        

vehicles shall be considered as used exclusively for those         3,688        

purposes even though snowmobiles, farm machinery, outdoor power    3,690        

equipment, watercraft and related products, or products            3,691        

manufactured or distributed by a motor vehicle manufacturer with   3,692        

which the motor vehicle dealer has a franchise agreement are sold  3,694        

or displayed there, or if repair, accessory, gasoline and oil,     3,696        

storage, parts, service, or paint departments are maintained       3,698        

there, or such products or services are provided there, if the     3,699        

departments are operated or the products or services are provided  3,701        

for the business of selling, displaying, offering for sale, or     3,702        

dealing in motor vehicles.  Places of business or departments in   3,703        

a place of business used to dismantle, salvage, or rebuild motor   3,704        

vehicles by means of using used parts, are not considered as       3,705        

being maintained for the purpose of assisting or furthering the    3,706        

selling, displaying, offering for sale, or dealing in motor        3,707        

vehicles.  A place of business shall be considered as used         3,708        

exclusively for selling, displaying, offering for sale, or                      

dealing in motor vehicles even though a business owned by a motor  3,710        

vehicle leasing dealer or a motor vehicle renting dealer is        3,711        

located at the place of business.                                  3,712        

      (B)  No new motor vehicle dealer shall sell, display, offer  3,714        

for sale, or deal in motor vehicles at any place except an         3,715        

established place of business that is used exclusively for the     3,716        

purpose of selling, displaying, offering for sale, or dealing in   3,717        

motor vehicles.  The place of business shall have space, under     3,719        

roof, for the display of at least one new motor vehicle and        3,720        

facilities and space therewith for the inspection, servicing, and  3,721        

repair of at least one motor vehicle; except that a new motor      3,722        

vehicle dealer selling manufactured or mobile homes is exempt      3,723        

                                                          89     


                                                                 
from the requirement that a place of business have space, under    3,724        

roof, for the display of at least one new motor vehicle and        3,725        

facilities and space for the inspection, servicing, and repair of  3,726        

at least one motor vehicle.                                                     

      Nothing contained in Chapter 4517. of the Revised Code       3,728        

shall be construed as prohibiting the sale of a NEW OR USED        3,729        

manufactured OR MOBILE home located in a manufactured home park    3,731        

by a licensed NEW OR USED motor vehicle dealer who is the owner    3,733        

of the manufactured home park.                                                  

      (C)  No used motor vehicle dealer shall sell, display,       3,735        

offer for sale, or deal in motor vehicles at any place except an   3,736        

established place of business that is used exclusively for the     3,737        

purpose of selling, displaying, offering for sale, or dealing in   3,738        

motor vehicles.                                                    3,739        

      (D)  No motor vehicle leasing dealer shall make a motor      3,741        

vehicle available for use by another, in the manner described in   3,742        

division (M) of section 4517.01 of the Revised Code, at any place  3,743        

except an established place of business that is used for leasing   3,744        

motor vehicles; except that a motor vehicle leasing dealer who is  3,745        

also a new motor vehicle dealer or used motor vehicle dealer may   3,746        

lease motor vehicles at the same place of business at which the    3,747        

dealer sells, offers for sale, or deals in new or used motor       3,748        

vehicles.                                                                       

      (E)  No motor vehicle leasing dealer or motor vehicle        3,750        

renting dealer shall sell a motor vehicle within ninety days       3,752        

after a certificate of title to the motor vehicle is issued to     3,753        

the dealer, except when a salvage certificate of title is issued   3,754        

to replace the original certificate of title and except when a     3,755        

motor vehicle leasing dealer sells a motor vehicle to another      3,756        

motor vehicle leasing dealer at the end of a sublease pursuant to  3,757        

that sublease.                                                                  

      (F)  No distributor shall distribute new motor vehicles to   3,759        

new motor vehicle dealers at any place except an established       3,760        

place of business that is used exclusively for the purpose of      3,761        

                                                          90     


                                                                 
distributing new motor vehicles to new motor vehicle dealers;      3,762        

except that a distributor who is also a new motor vehicle dealer   3,763        

may distribute new motor vehicles at the same place of business    3,764        

at which the distributor sells, displays, offers for sale, or      3,765        

deals in new motor vehicles.                                       3,766        

      (G)  No person, firm, or corporation that sells, displays,   3,768        

or offers for sale tent-type fold-out camping trailers is subject  3,769        

to the requirement that the person's, firm's, or corporation's     3,770        

place of business be used exclusively for the purpose of selling,  3,772        

displaying, offering for sale, or dealing in motor vehicles.  No   3,773        

person, firm, or corporation that sells, displays, or offers for   3,774        

sale tent-type fold-out camping trailers, trailers, or             3,775        

semitrailers, OR PARK TRAILERS is subject to the requirement that  3,777        

the place of business have space, under roof, for the display of   3,778        

at least one new motor vehicle and facilities and space for the    3,779        

inspection, servicing, and repair of at least one motor vehicle.   3,780        

      (H)  No manufactured or mobile home broker shall engage in   3,782        

the business of brokering manufactured OR MOBILE homes at any      3,784        

place except an established place of business that is used         3,786        

exclusively for the purpose of brokering manufactured OR MOBILE                 

homes.                                                             3,787        

      (I)  Nothing in this section shall be construed to prohibit  3,789        

persons licensed under this chapter from making sales calls.       3,790        

      (J)  As used in this section:                                3,792        

      (1)  "Motor vehicle leasing dealer" has the same meaning as  3,794        

in section 4517.01 of the Revised Code.                            3,795        

      (2)  "Motor vehicle renting dealer" has the same meaning as  3,797        

in section 4549.65 of the Revised Code.                            3,798        

      (3)  "Watercraft" has the same meaning as in section         3,800        

1547.01 of the Revised Code.                                       3,801        

      Sec. 4517.24.  No two motor vehicle dealers shall engage in  3,810        

business at the same location, unless they agree to be jointly,    3,811        

severally, and personally liable for any liability arising from    3,812        

their engaging in business at the same location.  The agreement    3,813        

                                                          91     


                                                                 
shall be filed with the motor vehicle dealers board, and shall     3,814        

also be made a part of the articles of incorporation of each such               

dealer filed with the secretary of state.  Whenever the board has  3,815        

reason to believe that a dealer who has entered into such an       3,816        

agreement has revoked the agreement but continues to engage in     3,817        

business at the same location, the board shall revoke his THE      3,818        

DEALER'S license.                                                               

      THIS SECTION DOES NOT APPLY TO TWO OR MORE MOTOR VEHICLE     3,820        

DEALERS ENGAGED IN THE BUSINESS OF SELLING NEW OR USED             3,821        

MANUFACTURED OR MOBILE HOMES IN THE SAME MANUFACTURED HOME PARK.   3,822        

      Sec. 5701.02.  As used in Title LVII of the Revised Code:    3,831        

      (A)  "Real property," "realty," and "land" include land      3,833        

itself, whether laid out in town lots or otherwise, all growing    3,834        

crops, including deciduous and evergreen trees, plants, and        3,835        

shrubs, with all things contained therein, and, unless otherwise   3,836        

specified in THIS SECTION OR section 5701.03 of the Revised Code,  3,837        

all buildings, structures, improvements, and fixtures of whatever  3,838        

kind on the land, and all rights and privileges belonging or       3,839        

appertaining thereto.  "REAL PROPERTY" DOES NOT INCLUDE A          3,840        

MANUFACTURED HOME AS DEFINED IN DIVISION (C)(4) OF SECTION         3,841        

3781.06 OF THE REVISED CODE OR A MOBILE HOME, TRAVEL TRAILER, OR   3,842        

PARK TRAILER, EACH AS DEFINED IN SECTION 4501.01 OF THE REVISED                 

CODE, THAT IS NOT A MANUFACTURED OR MOBILE HOME BUILDING AS        3,843        

DEFINED IN DIVISION (B)(2) OF THIS SECTION.                        3,844        

      (B)(1)  "Building" means a permanent fabrication or          3,846        

construction, attached or affixed to land, consisting of           3,847        

foundations, walls, columns, girders, beams, floors, and a roof,   3,848        

or some combination of these elemental parts, that is intended as  3,849        

a habitation or shelter for people or animals or a shelter for     3,850        

tangible personal property, and that has structural integrity      3,851        

independent of the tangible personal property, if any, it is       3,852        

designed to shelter.  "Building" includes a MANUFACTURED OR        3,853        

MOBILE HOME BUILDING AS DEFINED IN DIVISION (B)(2) OF THIS         3,854        

SECTION.                                                                        

                                                          92     


                                                                 
      (2)  "MANUFACTURED OR MOBILE HOME BUILDING" MEANS A mobile   3,856        

home as defined in division (O) of section 4501.01 of the Revised  3,859        

Code and OR a manufactured home as defined in division (C)(4) of   3,860        

section 3781.06 of the Revised Code, if the home meets both of     3,862        

the following conditions:                                                       

      (1)(a)  The home is affixed to a permanent foundation as     3,864        

defined in division (C)(5) of section 3781.06 of the Revised Code  3,866        

and is located on land owned by the owner of the home.                          

      (2)(b)  The certificate of title for the home has been       3,868        

inactivated by the clerk of the court of common pleas that issued  3,870        

it pursuant to section 4505.11 of the Revised Code.                3,871        

      (C)  "Fixture" means an item of tangible personal property   3,873        

that has become permanently attached or affixed to the land or to  3,874        

a building, structure, or improvement, and that primarily          3,875        

benefits the realty and not the business, if any, conducted by     3,876        

the occupant on the premises.                                      3,877        

      (D)  "Improvement" means, with respect to a building or      3,879        

structure, a permanent addition, enlargement, or alteration that,  3,880        

had it been constructed at the same time as the building or        3,881        

structure, would have been considered a part of the building or    3,882        

structure.                                                         3,883        

      (E)  "Structure" means a permanent fabrication or            3,885        

construction, other than a building, that is attached or affixed   3,886        

to land, and that increases or enhances utilization or enjoyment   3,887        

of the land.  "Structure" includes, but is not limited to,         3,888        

bridges, trestles, dams, storage silos for agricultural products,  3,889        

fences, and walls.                                                 3,890        

      Sec. 5739.0210.  (A)  As used in this section and section    3,900        

5739.02 of the Revised Code:                                                    

      (1)  "Manufactured home" has the same meaning as in          3,902        

division (C)(4) of section 3781.06 of the Revised Code and         3,904        

includes all skirting, awnings, interior cabinetry, and other      3,905        

accessories and attachments that are permanently attached to and   3,906        

incorporated as part of the home, but does not include any         3,907        

                                                          93     


                                                                 
furniture not permanently affixed to the home.                     3,908        

      (2)  "Manufacturer," "remanufacturer," and "distributor"     3,910        

means a manufacturer, remanufacturer, or distributor of            3,911        

manufactured homes or mobile homes.                                3,912        

      (3)  "Mobile home" has the same meaning as in division (O)   3,915        

of section 4501.01 of the Revised Code and includes all skirting,               

awnings, interior cabinetry, and other accessories and             3,916        

attachments that are permanently attached to and incorporated as   3,917        

part of the home, but does not include any furniture not           3,918        

permanently affixed to the home.                                   3,919        

      (4)  "New manufactured home" and "new mobile home" means a   3,921        

manufactured or mobile home the legal title to which has never     3,922        

been transferred by a manufacturer, remanufacturer, distributor,   3,923        

or new motor vehicle dealer to a purchaser in this state who is    3,924        

not a manufacturer, remanufacturer, distributor, or new motor      3,925        

vehicle dealer.                                                    3,926        

      (5)  "New motor vehicle dealer" has the same meaning as in   3,928        

section 4517.01 of the Revised Code.                               3,930        

      (6)  "Used manufactured home" and "used mobile home" means   3,932        

a manufactured or mobile home the legal title to which is being    3,933        

transferred or previously has been transferred by an owner other   3,934        

than a new motor vehicle dealer.                                   3,935        

      (B)  Notwithstanding other sections of this chapter or       3,938        

Chapter 5741. of the Revised Code, the tax levied under such       3,940        

chapters on the retail sales of manufactured homes and mobile      3,941        

homes sold on or after January 1, 2000, shall be reported and      3,943        

paid as provided in this section.  For purposes of this chapter    3,944        

and Chapter 5741. of the Revised Code, a manufactured home or a    3,945        

mobile home sold on or after January 1, 2000, shall not be         3,947        

considered a motor vehicle.                                        3,948        

      (C)(1)  The transfer of a used manufactured home or used     3,951        

mobile home on which the transfer tax imposed by section 322.06    3,952        

of the Revised Code has been paid shall not be considered a sale   3,954        

for purposes of this chapter or Chapter 5741. of the Revised Code  3,955        

                                                          94     


                                                                 
and no tax required by this chapter or Chapter 5741. of the        3,957        

Revised Code shall be paid on such transfer.                       3,958        

      (2)  THE TAXES IMPOSED BY THIS CHAPTER AND CHAPTER 5741. OF  3,961        

THE REVISED CODE DO NOT APPLY TO A NEW MANUFACTURED HOME OR NEW    3,962        

MOBILE HOME THAT A DEALER SELLS TO THE UNITED STATES GOVERNMENT    3,963        

OR TO THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.             3,964        

      (D)  New motor vehicle dealers that purchase new             3,967        

manufactured homes or new mobile homes from a manufacturer,        3,968        

remanufacturer, distributor, or another dealer shall not pay the   3,969        

tax imposed by this chapter to the seller or vendor at the time    3,970        

of purchase.                                                                    

      (E)  When a new motor vehicle dealer sells a new             3,973        

manufactured home or new mobile home to a purchaser, other than    3,974        

another new motor vehicle dealer purchasing such home for          3,975        

subsequent sale by the dealer, the new motor vehicle dealer shall  3,976        

be the consumer of such sale and shall remit the tax required by   3,977        

this chapter and Chapter 5741. of the Revised Code.  The price on  3,979        

which the tax shall be paid is the aggregate value in money of     3,980        

anything previously paid or delivered, or promised to be paid or   3,981        

delivered, by the new motor vehicle dealer for that dealer's       3,982        

previous purchase of the new manufactured or mobile home from a    3,983        

manufacturer, remanufacturer, distributor, or other new motor      3,984        

vehicle dealer.   THE PRICE ON WHICH THE TAX SHALL BE PAID DOES    3,986        

NOT INCLUDE ANY AMOUNT PAID BY A NEW MOTOR VEHICLE DEALER AS A     3,987        

REFUNDABLE DEPOSIT FOR WHEELS AND AXLES THAT ARE USED TO TRANSFER  3,988        

A NEW MANUFACTURED HOME OR NEW MOBILE HOME TO THE DEALER AND TO    3,989        

THE PERSON WHO PURCHASES THE HOME FROM THE NEW MOTOR VEHICLE                    

DEALER TO THE EXTENT THE DEPOSIT ACTUALLY IS REFUNDED TO THE       3,990        

DEALER, PROVIDED THAT THE AMOUNT OF THE DEPOSIT IS STATED          3,991        

SEPARATELY FROM THE CONSIDERATION PAID OR DELIVERED, OR PROMISED   3,992        

TO BE PAID OR DELIVERED, FOR THE PURCHASE OF THE HOME BY THE       3,993        

DEALER.  THE SEPARATE STATEMENT SHALL APPEAR ON THE SALES                       

AGREEMENT OR THE INITIAL INVOICE OR BILLING RENDERED BY THE        3,994        

MANUFACTURER, REMANUFACTURER, DISTRIBUTOR, OR OTHER NEW MOTOR      3,995        

                                                          95     


                                                                 
VEHICLE DEALER TO THE NEW MOTOR VEHICLE DEALER THAT IS THE         3,996        

CONSUMER OF THE HOME FOR THE PURPOSES OF THIS DIVISION.  The tax   3,998        

applies and shall be due from the dealer on the date the new       3,999        

manufactured home or new mobile home is delivered to the           4,000        

purchaser, the date the purchaser remits the full price for the    4,001        

manufactured home or new mobile home to the dealer, or, in the     4,002        

case of a dealer-financed transaction, the date the purchaser      4,003        

completely executes the financing for the new manufactured home    4,004        

or new mobile home, whichever date occurs first.  The tax shall    4,005        

be paid at the rate in effect in the county where the new          4,006        

manufactured home or new mobile home is to be titled to the        4,007        

purchaser.                                                                      

      (F)  A new motor vehicle dealer shall not charge a tax       4,010        

under this chapter or Chapter 5741. of the Revised Code to the     4,011        

purchaser of a new manufactured home or a new mobile home, but     4,012        

may pass the tax through to the purchaser as part of the dealer's  4,013        

cost of the new manufactured home or new mobile home.              4,014        

      (G)  A person performing repairs or improvements to a        4,017        

manufactured home or a mobile home shall be considered the         4,018        

consumer of all property used in the performance of the repairs    4,019        

or improvements and shall not be considered to be making sales of  4,020        

the repairs or improvements.                                       4,021        

      Section 2.  That existing sections 135.22, 135.341,          4,023        

319.202, 319.54, 321.24, 321.46, 323.153, 323.156, 323.31,         4,025        

323.611, 1317.13, 4501.01, 4503.06, 4503.061, 4503.063, 4503.067,  4,026        

4505.06, 4505.11, 4513.01, 4517.01, 4517.03, 4517.24, 5701.02,     4,027        

and 5739.0210 of the Revised Code are hereby repealed.             4,029        

      Section 3.  Sections 323.151, 323.152, 323.154, and 323.155  4,031        

of the Revised Code, as amended by Am. Sub. S.B. 142 of the 122nd  4,032        

General Assembly, and sections 323.153 and 323.156 of the Revised  4,033        

Code, as amended by this act, apply to 2000 and thereafter.        4,034        

      Section 4.  Sections 135.22, 135.341, and 321.46, as         4,036        

amended by this act, and section 321.47 of the Revised Code, as    4,038        

enacted by this act, take effect January 1, 2001.                  4,039        

                                                          96     


                                                                 
      Section 5.  Section 323.153 of the Revised Code is           4,041        

presented in this act as a composite of the section as amended by  4,042        

Am. Sub. H.B. 177, Am. Sub. S.B. 201, and Am. Sub. S.B. 142, all   4,043        

of the 122nd General Assembly, with the new language of none of    4,045        

the acts shown in capital letters.  Section 4501.01 of the         4,046        

Revised Code is presented in this act as a composite of the        4,047        

section as amended by both Am. Sub. H.B. 600 and Sub. S.B. 242 of  4,048        

the 123rd General Assembly, with the new language of neither of    4,049        

the acts shown in capital letters.  This is in recognition of the  4,050        

principle stated in division (B) of section 1.52 of the Revised    4,051        

Code that such amendments are to be harmonized where not           4,052        

substantively irreconcilable and constitutes a legislative         4,053        

finding that such is the resulting version in effect prior to the  4,054        

effective date of this act.