As Reported by the Senate 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            

      TIBERI-BENDER-TERWILLEGER-TAYLOR-HOOPS-AMSTUTZ-CATES-        9            

                 SENATORS BLESSING-JOHNSON-DRAKE                                


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 135.22, 135.341, 319.202, 319.54,   13           

                321.24, 321.46, 323.153, 323.156, 323.31,          14           

                323.611, 1317.13, 4501.01, 4503.06, 4503.061,      15           

                4503.063, 4503.067, 4505.06, 4505.11, 4513.01,     16           

                4517.01, 4517.03, 4517.24, 5701.02, and 5739.0210  17           

                and to enact section 321.47 of the Revised Code    18           

                to specify the application date of certain         19           

                provisions of Am. Sub. S.B. 142 of the 122nd       20           

                General Assembly, to make other clarifications                  

                regarding the taxation of manufactured and mobile  21           

                homes, and to suspend the investment powers of     22           

                county treasurers who fail to meet continuing      23           

                education requirements.                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 135.22, 135.341, 319.202, 319.54,  27           

321.24, 321.46, 323.153, 323.156, 323.31, 323.611, 1317.13,        29           

4501.01, 4503.06, 4503.061, 4503.063, 4503.067, 4505.06, 4505.11,  30           

4513.01, 4517.01, 4517.03, 4517.24, 5701.02, and 5739.0210 be      31           

amended and section 321.47 of the Revised Code be enacted to read  33           

as follows:                                                                     

      Sec. 135.22.  (A)  For purposes of this section:             42           

      (1)  "Treasurer" has the same meaning as in section 135.01   44           

of the Revised Code, but does not include the treasurer of state.  45           

"Treasurer" includes any person whose duties include making        46           

                                                          2      


                                                                 
investment decisions with respect to the investment or deposit of  47           

interim moneys.                                                                 

      (2)  "Subdivision" has the same meaning as in section        49           

135.01 of the Revised Code.                                        50           

      (B)  To enhance the background and working knowledge of      52           

treasurers in investments, cash management, and ethics, the        53           

treasurer of state shall provide annual continuing education       54           

programs for treasurers.  A treasurer annually shall complete the  56           

continuing education programs described in this section, unless    57           

the treasurer, IF NOT A COUNTY TREASURER, annually provides a      58           

notice of exemption described in division (E) of this section.     59           

      (C)  The treasurer of state shall determine the manner,      61           

content, and length of the continuing education programs after     62           

consultation with appropriate statewide organizations of local     63           

government officials.                                                           

      (D)  Upon successful completion of a continuing education    65           

program required by this section, the treasurer of state shall     66           

issue a certificate indicating that the treasurer has              67           

successfully completed the continuing education program                         

prescribed by the treasurer of state.  The treasurer of state      68           

shall forward to the auditor of state any certificates issued      69           

pursuant to this division by the treasurer of state.  The auditor  70           

of state shall maintain in the auditor's records any certificates  71           

forwarded by the treasurer of state pursuant to this division.     72           

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

conducted in accordance with section 117.11 of the Revised Code,   73           

the auditor of state shall report whether the treasurer is in      74           

compliance with this section of the Revised Code.                  75           

      (E)  Division (B) of this section does not apply to any      78           

treasurer WHO IS NOT A COUNTY TREASURER AND who annually provides  79           

a notice of exemption to the auditor of state.  The notice shall   80           

be certified by the treasurer of state and shall provide that the  81           

treasurer is not subject to the continuing education requirements  82           

set forth in division (B) of this section, because the treasurer   83           

                                                          3      


                                                                 
invests or deposits public moneys in the following investments     84           

only:                                                                           

      (1)  Interim deposits pursuant to division (B)(3) of         86           

section 135.14 of the Revised Code;                                87           

      (2)  No-load money market mutual funds pursuant to division  89           

(B)(5) of section 135.14 of the Revised Code;                      90           

      (3)  The Ohio subdivision's fund pursuant to division        92           

(B)(6) of section 135.14 of the Revised Code.                      94           

      (F)  In carrying out the duties required by this section,    96           

the treasurer of state may charge the subdivision served by the    97           

treasurer a registration fee that will meet actual and necessary   98           

expenses in connection with the training of the treasurer,         99           

including instruction fees, site acquisition costs, and the cost   100          

of course materials.  Any necessary personal expenses of a                      

treasurer incurred as a result of attending the continuing         101          

education courses shall be borne by the subdivision represented    102          

by the treasurer.                                                               

      (G)  The treasurer of state may allow any other interested   104          

person to attend any of the continuing education programs that     105          

are held pursuant to this section, provided that before attending  106          

any such continuing education program, the interested person has   107          

paid to the treasurer of state the full registration fee set for   108          

the continuing education program.                                               

      (H)  All funds collected pursuant to this section shall be   110          

paid into the county treasurer education fund created pursuant to  111          

section 321.46 of the Revised Code, and the actual and necessary   113          

expenses of the treasurer of state in conducting the continuing    114          

education programs required by this section shall be paid from     115          

this fund.                                                                      

      (I)  The treasurer of state may adopt reasonable rules not   117          

inconsistent with this section for the implementation of this      118          

section.                                                                        

      Sec. 135.341.  (A)  There shall be a county investment       127          

advisory committee consisting of three members:  two county        128          

                                                          4      


                                                                 
commissioners to be designated by the board of county              130          

commissioners, and the county treasurer.                           131          

      Notwithstanding the preceding sentence, the board of county  133          

commissioners may declare that all three county commissioners      134          

shall serve on the county investment advisory committee.  If the   135          

board so declares, the county investment advisory committee shall  136          

consist of five members:  the three county commissioners, the      137          

county treasurer, and the clerk of the court of common pleas of    138          

the county.                                                                     

      (B)  The committee shall elect its own chairperson, and      140          

committee members shall receive no additional compensation for     141          

the performance of their duties as committee members.              142          

      (C)  The committee shall establish written county            145          

investment policies and shall meet at least once every three       146          

months, to review or revise its policies and to advise the         147          

investing authority on the county investments in order to ensure   148          

the best and safest return of funds available to the county for    149          

deposit or investment.  Any member of the county investment        150          

advisory committee, upon giving five days' notice, may call a      151          

meeting of the committee.  The committee's policies may establish  152          

a limit on the period of time that moneys may be invested in any   153          

particular type of investment.                                                  

      (D)  The committee is authorized to retain the services of   155          

an investment advisor, provided that the advisor is licensed by    156          

the division of securities under section 1707.141 of the Revised   157          

Code or is registered with the securities and exchange             158          

commission, and possesses public funds investment management       160          

experience, specifically in the area of state and local                         

government investment portfolios, or the advisor is an eligible    161          

institution mentioned in section 135.03 of the Revised Code.       162          

      (E)  THE COMMITTEE SHALL ACT AS THE INVESTING AUTHORITY IN   164          

PLACE OF THE COUNTY TREASURER FOR PURPOSES OF INVESTING COUNTY     165          

FUNDS AND MANAGING THE COUNTY PORTFOLIO WHEN ORDERED TO DO SO BY   167          

A COURT PURSUANT TO SECTION 321.47 OF THE REVISED CODE.  THE       168          

                                                          5      


                                                                 
COMMITTEE MAY RETAIN THE SERVICES OF AN INVESTMENT ADVISOR,                     

DESCRIBED IN DIVISION (D) OF THIS SECTION, FOR SUCH PURPOSES.      169          

      (F)  Nothing in this section affects the authority of any    171          

of the officers mentioned in section 325.27 of the Revised Code    172          

to contract for the services of fiscal and management consultants  173          

pursuant to section 325.17 of the Revised Code.                    174          

      Sec. 319.202.  Before the county auditor indorses any real   183          

property conveyance or manufactured or mobile home conveyance      184          

presented to the auditor pursuant to section 319.20 of the         186          

Revised Code or registers any manufactured or mobile home                       

conveyance pursuant to section 4503.061 of the Revised Code, the   188          

grantee or the grantee's representative shall submit in            189          

triplicate a statement, prescribed by the tax commissioner, and    190          

other information as the county auditor may require, declaring     191          

the value of real property or manufactured or mobile home          192          

conveyed, except that when the transfer is exempt under division   193          

(F)(3) of section 319.54 of the Revised Code only a statement of   194          

the reason for the exemption shall be required.  Each statement    195          

submitted under this section shall contain the information         196          

required under divisions (A) and (B) of this section.              197          

      (A)  Each statement submitted under this section shall       199          

either:                                                            200          

      (1)  Contain an affirmation by the grantee that the grantor  202          

has been asked by the grantee or the grantee's representative      204          

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

preceding or the current year's taxes on the real property or the  206          

current or following year's taxes on the manufactured or mobile    207          

home conveyed will be reduced under division (A) of section        208          

323.152 OR UNDER SECTION 4503.065 of the Revised Code and that     210          

the grantor indicated that to the best of the grantor's knowledge  211          

the taxes will not be so reduced; or                                            

      (2)  Be accompanied by a sworn or affirmed instrument        213          

stating:                                                           214          

      (a)  To the best of the grantor's knowledge the real         216          

                                                          6      


                                                                 
property or the manufactured or mobile home that is the subject    217          

of the conveyance is eligible for and will receive a reduction in  219          

taxes for or payable in the current year under division (A) of     220          

section 323.152 OR UNDER SECTION 4503.065 of the Revised Code and  222          

that the reduction or reductions will be reflected in the          223          

grantee's taxes;                                                                

      (b)  The estimated amount of such reductions that will be    225          

reflected in the grantee's taxes;                                  226          

      (c)  That the grantor and the grantee have considered and    228          

accounted for the total estimated amount of such reductions to     229          

the satisfaction of both the grantee and the grantor.  The         230          

auditor shall indorse the instrument, return it to the grantee or  231          

the grantee's representative, and provide a copy of the indorsed   233          

instrument to the grantor or the grantor's representative.         234          

      (B)  Each statement submitted under this section shall       236          

either:                                                            237          

      (1)  Contain an affirmation by the grantee that the grantor  239          

has been asked by the grantee or the grantee's representative      241          

whether to the best of the grantor's knowledge the real property   242          

conveyed qualified for the current agricultural use valuation      243          

under section 5713.30 of the Revised Code either for the           244          

preceding or the current year and that the grantor indicated that  245          

to the best of the grantor's knowledge the property conveyed was   246          

not so qualified; or                                               247          

      (2)  Be accompanied by a sworn or affirmed instrument        249          

stating:                                                           250          

      (a)  To the best of the grantor's knowledge the real         252          

property conveyed was qualified for the current agricultural use   253          

valuation under section 5713.30 of the Revised Code either for     254          

the preceding or the current year;                                 255          

      (b)  To the extent that the property will not continue to    257          

qualify for the current agricultural use valuation either for the  258          

current or the succeeding year, that the property will be subject  259          

to a recoupment charge equal to the tax savings in accordance      260          

                                                          7      


                                                                 
with section 5713.34 of the Revised Code;                          261          

      (c)  That the grantor and the grantee have considered and    263          

accounted for the total estimated amount of such recoupment, if    264          

any, to the satisfaction of both the grantee and the grantor.      265          

The auditor shall indorse the instrument, forward it to the        266          

grantee or the grantee's representative, and provide a copy of     268          

the indorsed instrument to the grantor or the grantor's            269          

representative.                                                                 

      (C)  The grantor shall pay the fee required by division      271          

(F)(3) of section 319.54 of the Revised Code; and, in the event    272          

the board of county commissioners of the county has levied a real  273          

property or a manufactured home transfer tax pursuant to Chapter   274          

322. of the Revised Code, the amount required by the real          276          

property or manufactured home transfer tax so levied.  If the      277          

conveyance is exempt from the fee provided for in division (F)(3)  278          

of section 319.54 of the Revised Code and the tax, if any, levied  279          

pursuant to Chapter 322. of the Revised Code, the reason for such  280          

exemption shall be shown on the statement.  "Value" means, in the  281          

case of any deed or certificate of title not a gift in whole or    282          

part, the amount of the full consideration therefor, paid or to    283          

be paid for the real estate or manufactured or mobile home         284          

described in the deed or title, including the amount of any        287          

mortgage or vendor's lien thereon.  If property sold under a land  288          

installment contract is conveyed by the seller under such                       

contract to a third party and the contract has been of record at   289          

least twelve months prior to the date of conveyance, "value"       290          

means the unpaid balance owed to the seller under the contract at  291          

the time of the conveyance, but the statement shall set forth the  292          

amount paid under such contract prior to the date of conveyance.   293          

In the case of a gift in whole or part, "value" means the          294          

estimated price the real estate or manufactured or mobile home     295          

described in the deed or certificate of title would bring in the   296          

open market and under the then existing and prevailing market      297          

conditions in a sale between a willing seller and a willing        298          

                                                          8      


                                                                 
buyer, both conversant with the property and with prevailing       299          

general price levels.  No person shall willfully falsify the       300          

value of property conveyed.                                        301          

      (D)  The auditor shall indorse each conveyance on its face   303          

to indicate the amount of the conveyance fee and compliance with   304          

this section.  The auditor shall retain the original copy of the   305          

statement of value, forward to the tax commissioner one copy on    306          

which shall be noted the most recent assessed value of the         307          

property, and furnish one copy to the grantee or the grantee's     309          

representative.                                                                 

      (E)  In order to achieve uniform administration and          311          

collection of the real property transfer fee required by division  312          

(F)(3) of section 319.54 of the Revised Code, the tax              313          

commissioner shall adopt and promulgate rules for the              314          

administration and enforcement of the levy and collection of such  315          

fee.                                                               316          

      Sec. 319.54.  (A)  On all moneys collected by the county     325          

treasurer on any tax duplicate of the county, other than estate    326          

tax duplicates, and on all moneys received as advance payments of  327          

personal property and classified property taxes, the county        328          

auditor, on settlement with the treasurer and tax commissioner,    329          

on or before the date prescribed by law for such settlement or     330          

any lawful extension of such date, shall be allowed as             331          

compensation for the county auditor's services the following       332          

percentages:                                                       333          

      (1)  On the first one hundred thousand dollars, two and      335          

one-half per cent;                                                 336          

      (2)  On the next two million dollars, eight thousand three   338          

hundred eighteen ten-thousandths of one per cent;                  339          

      (3)  On the next two million dollars, six thousand six       341          

hundred fifty-five ten-thousandths of one per cent;                342          

      (4)  On all further sums, one thousand six hundred           344          

sixty-three ten-thousandths of one per cent.                       345          

      If any settlement is not made on or before the date          347          

                                                          9      


                                                                 
prescribed by law for such settlement or any lawful extension of   348          

such date, the aggregate compensation allowed to the auditor       349          

shall be reduced one per cent for each day such settlement is      350          

delayed after the prescribed date.  No penalty shall apply if the  351          

auditor and treasurer grant all requests for advances up to        352          

ninety per cent of the settlement pursuant to section 321.34 of    353          

the Revised Code.  The compensation allowed in accordance with     354          

this section on settlements made before the dates prescribed by    355          

law, or the reduced compensation allowed in accordance with this   356          

section on settlements made after the date prescribed by law or    357          

any lawful extension of such date, shall be apportioned ratably    358          

by the auditor and deducted from the shares or portions of the     359          

revenue payable to the state as well as to the county, townships,  360          

municipal corporations, and school districts.                      361          

      (B)  From all moneys collected by the county treasurer on    363          

any tax duplicate of the county, other than estate tax             364          

duplicates, and on all moneys received as advance payments of      365          

personal property and classified property taxes, there shall be    366          

paid into the county treasury to the credit of the real estate     367          

assessment fund created by section 325.31 of the Revised Code, an  368          

amount to be determined by the county auditor, which shall not     369          

exceed the following percentages:                                  370          

      (1)  On the first one hundred thousand dollars, three and    372          

one-half per cent;                                                 373          

      (2)  On the next three million dollars, one and              375          

three-eighths per cent;                                            376          

      (3)  On the next three million dollars, one per cent;        378          

      (4)  On all further sums not exceeding one hundred fifty     380          

million dollars, three-quarters of one per cent;                   381          

      (5)  On amounts exceeding one hundred fifty million          383          

dollars, six-tenths of one per cent.                               384          

      Such compensation shall be apportioned ratably by the        386          

auditor and deducted from the shares or portions of the revenue    387          

payable to the state as well as to the county, townships,          388          

                                                          10     


                                                                 
municipal corporations, and school districts.                      389          

      (C)  Each county auditor shall receive four per cent of the  391          

amount of tax collected and paid into the county treasury, on      392          

property omitted and placed by the county auditor on the tax       393          

duplicate.                                                         394          

      (D)  On all estate tax moneys collected by the county        396          

treasurer, the county auditor, on settlement semiannually with     397          

the tax commissioner, shall be allowed, as compensation for the    398          

auditor's services under Chapter 5731. of the Revised Code, the    400          

following percentages:                                             401          

      (1)  Four per cent on the first one hundred thousand         403          

dollars;                                                           404          

      (2)  One-half of one per cent on all additional sums.        406          

      Such percentages shall be computed upon the amount           408          

collected and reported at each semiannual settlement, and shall    409          

be for the use of the general fund of the county.                  410          

      (E)  On all cigarette license moneys collected by the        412          

county treasurer, the county auditor, on settlement semiannually   413          

with the treasurer, shall be allowed as compensation for the       414          

auditor's services in the issuing of such licenses one-half of     416          

one per cent of such moneys, to be apportioned ratably and         417          

deducted from the shares of the revenue payable to the county and  418          

subdivisions, for the use of the general fund of the county.       419          

      (F)  The county auditor shall charge and receive fees as     421          

follows:                                                           422          

      (1)  For deeds of land sold for taxes to be paid by the      424          

purchaser, five dollars;                                           425          

      (2)  For the transfer or entry of land, lot, or part of      427          

lot, to be paid by the person requiring it OR THE TRANSFER OR      428          

ENTRY ON OR AFTER JANUARY 1, 2000, OF A USED MANUFACTURED HOME OR  429          

MOBILE HOME AS DEFINED IN SECTION 5739.0210 OF THE REVISED CODE,   430          

fifty cents for each transfer OR ENTRY, TO BE PAID BY THE PERSON   431          

REQUIRING IT;                                                                   

      (3)  For receiving statements of value and administering     433          

                                                          11     


                                                                 
section 319.202 of the Revised Code, one dollar, or ten cents per  434          

hundred dollars for each one hundred dollars, or fraction of one   435          

hundred dollars, whichever is greater, of the value of the real    437          

property transferred or, for sales occurring on or after January   438          

1, 2000, the value of the used manufactured home or used mobile    439          

home, as defined in division (A)(6) of section 5739.0210 of the    441          

Revised Code, transferred, except no fee shall be charged when     442          

the transfer is made:                                              443          

      (a)  To or from the United States, this state, or any        445          

instrumentality, agency, or political subdivision of the United    446          

States or this state;                                              447          

      (b)  Solely in order to provide or release security for a    449          

debt or obligation;                                                450          

      (c)  To confirm or correct a deed previously executed and    452          

recorded;                                                          453          

      (d)  To evidence a gift, in trust or otherwise and whether   455          

revocable or irrevocable, between husband and wife, or parent and  456          

child or the spouse of either;                                     457          

      (e)  On sale for delinquent taxes or assessments;            459          

      (f)  Pursuant to court order, to the extent that such        461          

transfer is not the result of a sale effected or completed         462          

pursuant to such order;                                            463          

      (g)  Pursuant to a reorganization of corporations or         465          

unincorporated associations or pursuant to the dissolution of a    466          

corporation, to the extent that the corporation conveys the        467          

property to a stockholder as a distribution in kind of the         468          

corporation's assets in exchange for the stockholder's shares in   469          

the dissolved corporation;                                         470          

      (h)  By a subsidiary corporation to its parent corporation   472          

for no consideration, nominal consideration, or in sole            473          

consideration of the cancellation or surrender of the              474          

subsidiary's stock;                                                475          

      (i)  By lease, whether or not it extends to mineral or       477          

mineral rights, unless the lease is for a term of years renewable  478          

                                                          12     


                                                                 
forever;                                                           479          

      (j)  When the value of the real property or the              481          

manufactured or mobile home or the value of the interest that is   483          

conveyed does not exceed one hundred dollars;                                   

      (k)  Of an occupied residential property, including a        485          

manufactured or mobile home, being transferred to the builder of   486          

a new residence or to the dealer of a new manufactured or mobile   487          

home when the former residence is traded as part of the            488          

consideration for the new residence or new manufactured or mobile  489          

home;                                                                           

      (l)  To a grantee other than a dealer in real property or    491          

in manufactured or mobile homes, solely for the purpose of, and    492          

as a step in, the prompt sale of the real property or              493          

manufactured or mobile home to others;                                          

      (m)  To or from a person when no money or other valuable     495          

and tangible consideration readily convertible into money is paid  496          

or to be paid for the real estate or manufactured or mobile home   497          

and the transaction is not a gift;                                 499          

      (n)  Pursuant to division (B) of section 317.22 of the       501          

Revised Code, or to section 2113.61 of the Revised Code, between   503          

spouses or to a surviving spouse pursuant to section 5302.17 of    504          

the Revised Code as it existed prior to April 4, 1985, between     505          

persons pursuant to section 5302.17 or 5302.18 of the Revised      506          

Code on or after April 4, 1985, to a person who is a surviving,    507          

survivorship tenant pursuant to section 5302.17 of the Revised     508          

Code on or after April 4, 1985, or pursuant to section 5309.45 of  509          

the Revised Code;                                                               

      (o)  To a trustee acting on behalf of minor children of the  511          

deceased;                                                          512          

      (p)  Of an easement or right-of-way when the value of the    514          

interest conveyed does not exceed one thousand dollars;            515          

      (q)  Of property sold to a surviving spouse pursuant to      517          

section 2106.16 of the Revised Code;                               518          

      (r)  To or from an organization exempt from federal income   520          

                                                          13     


                                                                 
taxation under section 501(c)(3) of the "Internal Revenue Code of  521          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    522          

transfer is without consideration and is in furtherance of the     523          

charitable or public purposes of such organization;                524          

      (s)  Among the heirs at law or devisees, including a         526          

surviving spouse, of a common decedent, when no consideration in   527          

money is paid or to be paid for the real property or manufactured  528          

or mobile home;                                                    529          

      (t)  To a trustee of a trust, when the grantor of the trust  531          

has reserved an unlimited power to revoke the trust;               532          

      (u)  To the grantor of a trust by a trustee of the trust,    534          

when the transfer is made to the grantor pursuant to the exercise  535          

of the grantor's power to revoke the trust or to withdraw trust    536          

assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  538          

the transfer from the grantor of the trust to the trustee or if    539          

the transfer is made pursuant to trust provisions which became     540          

irrevocable at the death of the grantor;                           541          

      (w)  To a corporation for incorporation into a sports        543          

facility constructed pursuant to section 307.696 of the Revised    544          

Code;                                                              545          

      (x)  Between persons pursuant to section 5302.18 of the      547          

Revised Code.                                                                   

      The auditor shall compute and collect the fee.  The auditor  549          

shall maintain a numbered receipt system, as prescribed by the     550          

tax commissioner, and use such receipt system to provide a         551          

receipt to each person paying a fee.  The auditor shall deposit    552          

the receipts of the fees on conveyances in the county treasury     553          

daily to the credit of the general fund of the county.             554          

      The real property transfer fee provided for in division      556          

(F)(3) of this section shall be applicable to any conveyance of    557          

real property presented to the auditor on or after January 1,      558          

1968, regardless of its time of execution or delivery.             559          

      THE TRANSFER FEE FOR A USED MANUFACTURED HOME OR USED        561          

                                                          14     


                                                                 
MOBILE HOME SHALL BE COMPUTED BY AND PAID TO THE COUNTY AUDITOR    562          

OF THE COUNTY IN WHICH THE HOME IS LOCATED IMMEDIATELY PRIOR TO    563          

THE TRANSFER.                                                                   

      Sec. 321.24.  (A)  On or before the fifteenth day of         573          

February, in each year, the county treasurer shall settle with     574          

the county auditor for all taxes and assessments that he THE       575          

TREASURER has collected on the general duplicate of real and       577          

public utility property at the time of making the settlement.      578          

      (B)  On or before the thirtieth day of June, in each year,   580          

the treasurer shall settle with the auditor for all advance        581          

payments of general personal and classified property taxes that    582          

he THE TREASURER has received at the time of making the            583          

settlement.                                                        584          

      (C)  On or before the tenth day of August, in each year,     586          

the treasurer shall settle with the auditor for all taxes and      587          

assessments that he THE TREASURER has collected on the general     588          

duplicates of real and public utility property at the time of      590          

making such settlement, not included in the preceding February     591          

settlement.                                                                     

      (D)  On or before the thirty-first day of October, in each   593          

year, the treasurer shall settle with the auditor for all taxes    594          

that he THE TREASURER has collected on the general personal and    595          

classified property duplicates, and for all advance payments of    597          

general personal and classified property taxes, not included in    598          

the preceding June settlement, that he THE TREASURER has received  599          

at the time of making such settlement.                             601          

      (E)  In the event the time for the payment of taxes is       603          

extended, pursuant to section 323.17 of the Revised Code, the      604          

date on or before which settlement for the taxes so extended must  605          

be made, as herein prescribed, shall be deemed to be extended for  606          

a like period of time.  At each such settlement, the auditor       607          

shall allow to the treasurer, on the moneys received or collected  608          

and accounted for by him THE TREASURER, his THE TREASURER'S fees,  610          

at the rate or percentage allowed by law, at a full settlement of  611          

                                                          15     


                                                                 
the treasurer.                                                                  

      (F)  Within thirty days after the day of each settlement of  613          

taxes required under divisions (A) and (C) of this section, the    614          

treasurer shall certify to the tax commissioner any adjustments    615          

which have been made to the amount certified previously pursuant   616          

to section 319.302 of the Revised Code and that the settlement     617          

has been completed.  Upon receipt of such certification, the       618          

commissioner shall provide for payment to the county treasurer     619          

from the general revenue fund of an amount equal to one-half of    620          

the amount certified by the treasurer in the preceding tax year    621          

under section 319.302 of the Revised Code.  Such payment shall be  622          

credited upon receipt to the county's undivided income tax fund,   623          

and the county auditor shall transfer to the county general fund   624          

from the amount thereof the total amount of all fees and charges   625          

which the auditor and treasurer would have been authorized to      626          

receive had such division SECTION not been in effect and that      627          

amount had been levied and collected as taxes.  The county         629          

auditor shall distribute the amount remaining among the various    630          

taxing districts in the county as if it had been levied,           631          

collected, and settled as real property taxes.                     632          

      (G)  Within thirty days after the day of the settlement      634          

required in division (D) of this section, the treasurer shall      635          

certify to the commissioner that the settlement has been           636          

completed.  Upon receipt of that certification, the commissioner   637          

shall provide for payment to the county treasurer from the         638          

general revenue fund of the amount certified under section         639          

319.311 of the Revised Code in the current year.  The payment      640          

shall be credited upon receipt to the county's undivided income    641          

tax fund, and the county auditor shall distribute the amount       642          

thereof among the various taxing districts of the county as if it  643          

had been levied, collected, and settled as personal property       644          

taxes.  The amount received by a taxing district under this        645          

division shall be apportioned among its funds in the same          646          

proportion as the current year's personal property taxes are       647          

                                                          16     


                                                                 
apportioned.                                                       648          

      (H)(1)  ON OR BEFORE THE FIFTEENTH DAY OF APRIL EACH YEAR,   651          

THE COUNTY TREASURER SHALL SETTLE WITH THE COUNTY AUDITOR FOR ALL               

MANUFACTURED HOME TAXES THAT THE COUNTY TREASURER HAS COLLECTED    653          

ON THE MANUFACTURED HOME TAX DUPLICATE AT THE TIME OF MAKING THE   654          

SETTLEMENT.                                                        655          

      (2)  ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER EACH YEAR,  657          

THE COUNTY TREASURER SHALL SETTLE WITH THE COUNTY AUDITOR FOR ALL  658          

REMAINING MANUFACTURED HOME TAXES THAT THE COUNTY TREASURER HAS    660          

COLLECTED ON THE MANUFACTURED HOME TAX DUPLICATE AT THE TIME OF    661          

MAKING THE SETTLEMENT.                                                          

      (3)  IF THE TIME FOR PAYMENT OF SUCH TAXES IS EXTENDED       663          

UNDER SECTION 4503.06 OF THE REVISED CODE, THE TIME FOR MAKING     664          

THE SETTLEMENT AS PRESCRIBED BY DIVISIONS (H)(1) AND (2) OF THIS   665          

SECTION IS EXTENDED FOR A LIKE PERIOD OF TIME.                     666          

      Sec. 321.46.  (A)  To enhance the background and working     676          

knowledge of county treasurers in governmental accounting,         677          

portfolio reporting and compliance, investments, and cash          678          

management, the auditor of state and the treasurer of state shall  679          

conduct education programs for persons elected for the first time  680          

to the office of county treasurer and shall hold annual            681          

continuing education programs for persons who continue to hold     682          

the office of county treasurer.  Education programs for newly      683          

elected county treasurers shall be held between the first day of   684          

December and the first Monday of September next following that     685          

person's election to the office of county treasurer.  Similar      686          

initial training may also be provided to any county treasurer who  687          

is appointed to fill a vacancy or who is elected at a special      688          

election.                                                                       

      (B)(1)  The auditor of state shall determine the manner and  690          

content of the education programs in the subject areas of          692          

governmental accounting and portfolio reporting and compliance.    693          

In those areas, newly elected county treasurers shall be required  694          

to take at least thirteen hours of education before taking         695          

                                                          17     


                                                                 
office.                                                                         

      (2)  The treasurer of state shall determine the manner and   697          

content of the education programs in the subject areas of          698          

investments and cash management.  In those areas, newly elected    699          

county treasurers shall be required to take at least thirteen      700          

hours of education before taking office.                           701          

      (3)  After completing one year in office, a county           703          

treasurer shall be required to take not less than twelve hours     704          

annually of continuing education.  The treasurer of state shall    705          

determine the manner and content of the education programs in the  706          

subject areas of investments, cash management, the collection of   707          

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

state determines is reasonably related to the duties of the        708          

office of the county treasurer.  The auditor of state shall        710          

determine the manner and content of the education programs in the  711          

subject areas of governmental accounting, portfolio reporting and  712          

compliance, office management, and any other subject area that                  

the auditor of state determines is reasonably related to the       713          

duties of the office of the county treasurer.                      714          

      (C)  The auditor of state and the treasurer of state may     717          

each charge counties a registration fee that will meet actual and  718          

necessary expenses of the training of county treasurers,           719          

including instructor fees, site acquisition costs, and the cost    720          

of course materials.  The necessary personal expenses of county    721          

treasurers as a result of attending the training programs shall    722          

be borne by the counties the treasurers represent.                 723          

      (D)  The auditor of state and the treasurer of state may     726          

allow any other interested person to attend any of the education   727          

programs that are held pursuant to this section, provided that     728          

before attending any such education program, the interested        729          

person shall pay to either the auditor of state or the treasurer   730          

of state, as appropriate, the full registration fee set for the    731          

education program.                                                              

      (E)  A IF A county treasurer who fails to complete the       734          

                                                          18     


                                                                 
initial or continuing education programs required by this section               

without a valid health-related excuse or other special hardship    735          

shall be restricted to investing in the Ohio subdivision's fund    736          

pursuant to division (A)(6) of section 135.35 of the Revised       737          

Code, in no-load money market mutual funds pursuant to division    738          

(A)(5) of section 135.35 of the Revised Code, or in time           739          

certificate of deposits or deposit accounts pursuant to division   741          

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

who has failed to complete the initial or continuing education     742          

programs and invests in other than the investments permitted by    743          

this division shall be subject to removal from office upon         744          

complaint and investigation by the county prosecuting attorney, a  745          

hearing, and a resolution adopted by the board of county           746          

commissioners approving the removal from office, THE COUNTY        747          

TREASURER'S AUTHORITY TO INVEST COUNTY FUNDS AND TO MANAGE THE     748          

COUNTY PORTFOLIO SHALL AUTOMATICALLY BE SUSPENDED AND TRANSFERRED  749          

TO THE COUNTY'S INVESTMENT ADVISORY COMMITTEE PURSUANT TO SECTION  750          

321.47 OF THE REVISED CODE.                                                     

      (F)(1)  There is hereby created in the state treasury the    753          

county treasurer education fund, to be used by the treasurer of    754          

state for actual and necessary expenses of education programs      756          

held pursuant to this section.  All registration fees collected    757          

by the treasurer of state under this section shall be paid into    758          

that fund.                                                                      

      (2)  All registration fees collected by the auditor of       760          

state under this section shall be paid into the auditor of state   761          

training program fund established under section 117.44 of the      762          

Revised Code.                                                                   

      (G)  The treasurer of state, with the advice and consent of  765          

the auditor of state, may adopt reasonable rules not inconsistent  766          

with this section for the implementation of this section.          767          

      Sec. 321.47.  (A)  BY THE FIFTEENTH DAY OF JANUARY OF EACH   770          

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

THE CONTINUING EDUCATION HOURS COMPLETED UNDER THE AUDITOR'S       771          

                                                          19     


                                                                 
SUPERVISION OF EACH COUNTY TREASURER FOR THE PRECEDING CALENDAR    772          

YEAR PURSUANT TO SECTION 321.46 OF THE REVISED CODE.               773          

      (B)  BY THE THIRTY-FIRST DAY OF JANUARY OF EACH YEAR, THE    775          

TREASURER OF STATE SHALL DETERMINE WHETHER ANY COUNTY TREASURER    776          

HAS FAILED TO MEET THE COUNTY TREASURER'S CONTINUING EDUCATION     777          

REQUIREMENTS AND SHALL NOTIFY ANY COUNTY TREASURER WHO HAS NOT     778          

COMPLETED THE REQUIREMENTS.  THE NOTICE SHALL CONTAIN THE          779          

FOLLOWING:                                                                      

      (1)  NOTIFICATION THAT THE TREASURER IS DEFICIENT IN         781          

CONTINUING EDUCATION HOURS;                                        782          

      (2)  NOTIFICATION THAT IF THE COUNTY TREASURER BELIEVES THE  784          

TREASURER OF STATE'S RECORDS ARE IN ERROR THE COUNTY TREASURER     785          

HAS ONE MONTH TO SUBMIT PROOF TO THE TREASURER OF STATE THAT THE   787          

COUNTY TREASURER'S CONTINUING EDUCATION IS CURRENT;                788          

      (3)  NOTIFICATION OF A DATE WITHIN THE FIRST TWO WEEKS OF    790          

MARCH WHEN CONTINUING EDUCATION COURSES WILL BE OFFERED IN THE     791          

OFFICES OF THE TREASURER OF STATE OR THE AUDITOR OF STATE BY       792          

VIDEOTAPE;                                                                      

      (4)  NOTIFICATION THAT COMPLETION OF THE REQUIREMENT MAY     794          

ALSO BE OBTAINED BY ATTENDING COURSES APPROVED BY THE AUDITOR OF   795          

STATE OR THE TREASURER OF STATE, BUT THAT THE COUNTY TREASURER'S   796          

CONTINUING EDUCATION REQUIREMENT MUST BE MADE CURRENT AND THAT     797          

THE TREASURER OF STATE MUST HAVE PROOF OF COMPLIANCE BY THE LAST   798          

DAY OF MARCH;                                                                   

      (5)  NOTIFICATION THAT IF THE COUNTY TREASURER HAS FAILED    800          

TO BRING THE COUNTY TREASURER'S CONTINUING EDUCATION REQUIREMENTS  801          

CURRENT BY THE LAST DAY OF MARCH, THE TREASURER OF STATE WILL      802          

NOTIFY THE PROSECUTOR OF THAT TREASURER'S COUNTY OF THAT FACT      803          

IMMEDIATELY.                                                                    

      (C)  IF A COUNTY TREASURER HAS FAILED TO MEET THE            805          

CONTINUING EDUCATION REQUIREMENTS OF SECTION 321.46 OF THE         806          

REVISED CODE FOR THE PRECEDING CALENDAR YEAR BY THE THIRTY-FIRST   808          

DAY OF MARCH OF ANY YEAR, THE TREASURER OF STATE SHALL PROMPTLY    810          

GIVE NOTICE OF THAT FACT TO THE PROSECUTING ATTORNEY OF THE        811          

                                                          20     


                                                                 
COUNTY TREASURER'S COUNTY.                                                      

      UPON RECEIPT OF THE NOTICE, THE PROSECUTING ATTORNEY SHALL   813          

PETITION THE COURT OF COMMON PLEAS OF THAT COUNTY FOR AN ORDER     814          

SUSPENDING THE COUNTY TREASURER'S AUTHORITY TO INVEST COUNTY       815          

FUNDS AND TO MANAGE THE COUNTY INVESTMENT PORTFOLIO.  THE          816          

PETITION SHALL CONTAIN A BRIEF STATEMENT OF THE FACTS AND SHALL    817          

SHOW THAT THE COUNTY TREASURER HAS FAILED TO MEET THE CONTINUING   818          

EDUCATION REQUIREMENTS OF SECTION 321.46 OF THE REVISED CODE.      819          

BEFORE OR SIMULTANEOUSLY WITH THE FILING OF THE PETITION, THE      821          

PROSECUTING ATTORNEY SHALL SERVE A COPY OF THE PETITION UPON THE   822          

COUNTY TREASURER PERSONALLY OR BY CERTIFIED MAIL, TOGETHER WITH A  823          

COPY OF THIS SECTION.  UPON THE FILING OF THE PETITION, THE        824          

COURT, ON THE MOTION OF THE PROSECUTING ATTORNEY, SHALL ENTER AN   825          

ORDER FIXING A DATE FOR HEARING NOT LATER THAN TWO WEEKS AFTER     826          

THE DATE OF FILING AND REQUIRING THAT A COPY OF THE ORDER BE       827          

GIVEN TO THE COUNTY TREASURER IN THE MANNER IN WHICH A SUMMONS IS  828          

REQUIRED TO BE SERVED OR SUBSTITUTED SERVICE IS REQUIRED TO BE     829          

MADE IN OTHER CASES.                                               830          

      ON THE DAY FIXED FOR THE HEARING, OR ANY ADJOURNMENT OF IT,  832          

THE COURT SHALL DETERMINE FROM THE PETITION AND SUCH EVIDENCE AS   833          

IS SUBMITTED BY EITHER PARTY WHETHER THE COUNTY TREASURER HAS MET  834          

THE CONTINUING EDUCATION REQUIREMENTS OF SECTION 321.46 OF THE     835          

REVISED CODE FOR THE PRECEDING CALENDAR YEAR.  IF THE COURT FINDS  837          

THAT THE COUNTY TREASURER HAS FAILED TO MEET SUCH CONTINUING       838          

EDUCATION REQUIREMENTS, IT SHALL ENTER AN ORDER TRANSFERRING THE   839          

COUNTY TREASURER'S AUTHORITY TO INVEST COUNTY FUNDS AND TO MANAGE  840          

THE COUNTY PORTFOLIO TO THE COUNTY'S INVESTMENT ADVISORY           841          

COMMITTEE UNTIL SUCH TIME AS THE COUNTY TREASURER HAS BECOME       842          

CURRENT IN CONTINUING EDUCATION REQUIREMENTS.                      843          

      THE COSTS OF THE PROCEEDING SHALL BE ASSESSED OR             845          

APPORTIONED AS THE COURT CONSIDERS EQUITABLE.                      846          

      UPON RECEIVING PROOF OF COMPLETION OF CONTINUING EDUCATION   848          

REQUIREMENTS FOR THE PRECEDING YEAR, THE TREASURER OF STATE SHALL  849          

NOTIFY THE PROSECUTING ATTORNEY THAT THE COUNTY TREASURER HAS      850          

                                                          21     


                                                                 
BECOME CURRENT IN MEETING SUCH REQUIREMENTS.  THE PROSECUTING      851          

ATTORNEY SHALL SUBMIT SUCH INFORMATION TO THE COURT, AND THE       852          

COURT SHALL ENTER AN ORDER TERMINATING THE AUTHORITY OF THE        853          

COUNTY'S INVESTMENT ADVISORY COMMITTEE TO INVEST COUNTY FUNDS AND  854          

TO MANAGE THE COUNTY PORTFOLIO AND RESTORING SUCH AUTHORITY TO     855          

THE COUNTY TREASURER.                                              856          

      THE PROCEEDING PROVIDED FOR IN DIVISION (C) OF THIS SECTION  858          

IS A SPECIAL PROCEEDING, AND FINAL ORDERS IN THE PROCEEDING MAY    859          

BE REVIEWED AND AFFIRMED, MODIFIED, OR REVERSED ON APPEAL          860          

PURSUANT TO THE RULES OF APPELLATE PROCEDURE AND, TO THE EXTENT    861          

NOT IN CONFLICT WITH THOSE RULES, CHAPTER 2505. OF THE REVISED     863          

CODE.                                                                           

      Sec. 323.153.  (A)  To obtain a reduction in real property   874          

taxes under division (A) or (B) of section 323.152 of the Revised  875          

Code or in manufactured home taxes under division (B) of section   876          

323.152 of the Revised Code, the owner shall file an application   877          

with the county auditor of the county in which the owner's         878          

homestead is located.                                                           

      (1)  An application for reduction based upon a physical      880          

disability shall be accompanied by a certificate signed by a       881          

physician, and an application for reduction based upon a mental    882          

disability shall be accompanied by a certificate signed by a       883          

physician or psychologist licensed to practice in this state,      884          

attesting to the fact that the applicant is permanently and        885          

totally disabled.  The certificate shall be in a form that the     886          

tax commissioner requires and shall include the definition of      887          

permanently and totally disabled as set forth in section 323.151   888          

of the Revised Code.  An application for reduction based upon a    889          

disability certified as permanent and total by a state or federal  890          

agency having the function of so classifying persons shall be      891          

accompanied by a certificate from that agency.  Such an            892          

application constitutes a continuing application for a reduction   893          

in taxes for each year in which the dwelling is the applicant's    894          

homestead and the amount of the reduction in taxable value to      895          

                                                          22     


                                                                 
which the applicant is entitled does not exceed either the amount  897          

or percentage of the reduction to which the applicant was          898          

entitled for the year in which the application was first filed.    900          

      (2)  An application for a reduction in taxes under division  902          

(B) of section 323.152 of the Revised Code shall be filed only if  904          

the homestead or manufactured or mobile home was transferred in    905          

the preceding year or did not qualify for and receive the          906          

reduction in taxes under that division for the preceding tax       907          

year.  The application for homesteads transferred in the           908          

preceding year shall be incorporated into any form used by the     910          

county auditor to administer the tax law in respect to the                      

conveyance of real property pursuant to section 319.20 of the      911          

Revised Code, and OR OF USED MANUFACTURED HOMES OR USED MOBILE     913          

HOMES AS DEFINED IN SECTION 5739.0210 OF THE REVISED CODE.  THE    914          

OWNER OF A MANUFACTURED OR MOBILE HOME WHO HAS ELECTED UNDER       915          

DIVISION (D)(4) OF SECTION 4503.06 OF THE REVISED CODE TO BE       916          

TAXED UNDER DIVISION (D)(2) OF THAT SECTION FOR THE ENSUING YEAR   917          

MAY FILE THE APPLICATION AT THE TIME OF MAKING THAT ELECTION.      918          

THE APPLICATION shall contain a statement that failure by the      920          

applicant to affirm on the application that the dwelling on the                 

property conveyed is the applicant's homestead prohibits the       921          

owner from receiving the reduction in taxes until a proper         922          

application is filed within the period prescribed by division      923          

(A)(3) of this section.  Such an application constitutes a         924          

continuing application for a reduction in taxes for each year in   925          

which the dwelling is the applicant's homestead.                                

      (3)  Failure to receive a new application filed under        927          

division (A)(1) or (2) or notification under division (C) of this  928          

section after a certificate of reduction has been issued under     929          

section 323.154 of the Revised Code is prima-facie evidence that   930          

the original applicant is entitled to the reduction in taxes       931          

calculated on the basis of the information contained in the        933          

original application.  The original application and any                         

subsequent application, including any late application, shall be   934          

                                                          23     


                                                                 
in the form of a signed statement and shall be filed after the     935          

first Monday in January and not later than the first Monday in     936          

June.  The original application and any subsequent application     937          

for a reduction in real property taxes shall be filed in the year  938          

for which the reduction is sought.  The original application and   939          

any subsequent application for a reduction in manufactured home    940          

taxes shall be filed in the year preceding the year for which the  941          

reduction is sought.  The statement shall be on a form, devised    942          

and supplied by the tax commissioner, which shall require no more  943          

information than is necessary to establish the applicant's         944          

eligibility for the reduction in taxes and the amount of the       945          

reduction, and shall include an affirmation by the applicant that  946          

ownership of the homestead was not acquired from a person, other   947          

than a the applicant's spouse, related to the owner by             948          

consanguinity or affinity for the purpose of qualifying for the    949          

real property or manufactured home tax reduction provided for in   950          

division (A) or (B) of section 323.152 of the Revised Code.  The   951          

form shall contain a statement that conviction of willfully                     

falsifying information to obtain a reduction in taxes or failing   952          

to comply with division (C) of this section results in the         953          

revocation of the right to the reduction for a period of three     954          

years.  In the case of an application for a reduction in taxes     955          

under division (A) of section 323.152 of the Revised Code, the     956          

form shall contain a statement that signing the application        957          

constitutes a delegation of authority by the applicant to the      958          

county auditor to examine any financial records relating to        959          

income earned by the applicant as stated on the application for    960          

the purpose of determining a possible violation of division (D)    961          

or (E) of this section.                                            962          

      (B)  A late application for a tax reduction for the year     964          

preceding the year in which an original application is filed, or   965          

for a reduction in manufactured home taxes for the year in which   966          

an original application is filed, may be filed with the original   967          

application.  If the county auditor determines the information     969          

                                                          24     


                                                                 
contained in the late application is correct, the auditor shall    970          

determine the amount of the reduction in taxes to which the        971          

applicant would have been entitled for the preceding tax year had  972          

the applicant's application been timely filed and approved in      973          

that year.                                                                      

      The amount of such reduction shall be treated by the         975          

auditor as an overpayment of taxes by the applicant and shall be   976          

refunded in the manner prescribed in section 5715.22 of the        977          

Revised Code for making refunds of overpayments.  On the first     978          

day of July of each year, the county auditor shall certify the     979          

total amount of the reductions in taxes made in the current year   980          

under this division to the tax commissioner, who shall treat the   981          

full amount thereof as a reduction in taxes for the preceding tax  982          

year and shall make reimbursement to the county therefor in the    983          

manner prescribed by section 323.156 of the Revised Code, from     984          

money appropriated for that purpose.                               985          

      (C)  If, in any year after an application has been filed     987          

under division (A)(1) or (2) of this section, the owner does not   989          

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

manufactured or mobile home set forth on such application, or      991          

qualifies for a reduction in taxes that is to be based upon a      992          

reduction in taxable value less than either the percentage or      993          

amount of the reduction in taxable value to which the owner was    994          

entitled in the year the application was filed, the owner shall    995          

notify the county auditor that the owner is not qualified for a    996          

reduction in taxes or file a new application under division        997          

(A)(1) or (2) of this section.  If the county auditor or county    998          

treasurer discovers that the owner of property not entitled to     999          

the reduction in taxes under division (B) of section 323.152 of    1,001        

the Revised Code failed to notify the county auditor as required   1,002        

by this paragraph, a charge shall be imposed against the property  1,003        

in the amount by which taxes were reduced under that division for  1,004        

each tax year the county auditor ascertains that the property was  1,005        

not entitled to the reduction and was owned by the current owner.  1,006        

                                                          25     


                                                                 
Interest shall accrue in the manner prescribed by division (B) of  1,007        

section 323.121 OR DIVISION (G)(2) OF SECTION 4503.06 of the       1,008        

Revised Code on the amount by which taxes were reduced for each    1,010        

such tax year as if the reduction became delinquent taxes at the   1,011        

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

tax year could be paid without penalty.  The county auditor shall  1,013        

notify the owner, by ordinary mail, of the charge, of the owner's  1,014        

right to appeal the charge, and of the manner in which the owner   1,015        

may appeal.  The owner may appeal the imposition of the charge     1,016        

and interest by filing an appeal with the county board of          1,017        

revision not later than the last day prescribed for payment of     1,018        

real and public utility property taxes under section 323.12 of     1,019        

the Revised Code following receipt of the notice and occurring at  1,021        

least ninety days after receipt of the notice.  The appeal shall   1,022        

be treated in the same manner as a complaint relating to the       1,023        

valuation or assessment of real property under Chapter 5715. of    1,024        

the Revised Code.  The charge and any interest shall be collected  1,026        

as other delinquent taxes.                                                      

      Each year during January, the county auditor shall furnish   1,028        

by ordinary mail a continuing application to each person issued a  1,029        

certificate of reduction under section 323.154 of the Revised      1,030        

Code with respect to a reduction in taxes under division (A) of    1,031        

section 323.152 of the Revised Code.  The continuing application   1,032        

shall be used to report changes in total income that would have    1,033        

the effect of increasing or decreasing the reduction in taxable    1,034        

value to which the owner is entitled, changes in ownership of the  1,035        

homestead, including changes in or revocation of a revocable       1,036        

inter vivos trust, changes in disability, and other changes in     1,037        

the information earlier furnished the auditor relative to the      1,039        

reduction in taxes on the property.  The continuing application                 

shall be returned to the auditor not later than the first Monday   1,040        

in June; provided, that if such changes do not affect the status   1,041        

of the homestead exemption or the amount of the reduction to       1,042        

which the owner is entitled under division (A) of section 323.152  1,043        

                                                          26     


                                                                 
of the Revised Code, the application does not need to be           1,044        

returned.                                                          1,045        

      Each year during February, the county auditor, except as     1,047        

otherwise provided in this paragraph, shall furnish by ordinary    1,049        

mail an original application to the owner, as of the first day of  1,050        

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

home that transferred during the preceding calendar year and that  1,051        

qualified for and received a reduction in taxes under division     1,052        

(B) of section 323.152 of the Revised Code for the preceding tax   1,053        

year.  In order to receive the reduction under that division, the  1,054        

owner shall file the application with the county auditor not       1,055        

later than the first Monday in June.  If the application is not    1,056        

timely filed, the auditor shall not grant a reduction in taxes     1,057        

for the homestead for the current year, and shall notify the       1,058        

owner that the reduction in taxes has not been granted, in the     1,059        

same manner prescribed under section 323.154 of the Revised Code   1,060        

for notification of denial of an application.  Failure of an       1,061        

owner to receive an application does not excuse the failure of     1,063        

the owner to file an original application.  The county auditor is  1,064        

not required to furnish an application under this paragraph for    1,065        

any homestead for which application has previously been made on a  1,066        

form incorporated into any form used by the county auditor to      1,067        

administer the tax law in respect to the conveyance of real        1,068        

property OR OF USED MANUFACTURED HOMES OR USED MOBILE HOMES, and   1,069        

an owner who previously has applied on such a form is not          1,070        

required to return an application furnished under this paragraph.  1,071        

      (D)  No person shall knowingly make a false statement for    1,073        

the purpose of obtaining a reduction in the person's real          1,074        

property or manufactured home taxes under section 323.152 of the   1,075        

Revised Code.                                                                   

      (E)  No person shall knowingly fail to notify the county     1,077        

auditor of changes required by division (C) of this section that   1,078        

have the effect of maintaining or securing a reduction in taxable  1,079        

value of homestead property or a reduction in taxes in excess of   1,080        

                                                          27     


                                                                 
the reduction allowed under section 323.152 of the Revised Code.   1,081        

      (F)  No person shall knowingly make a false statement or     1,083        

certification attesting to any person's physical or mental         1,084        

condition for purposes of qualifying such person for tax relief    1,085        

pursuant to sections 323.151 to 323.157 of the Revised Code.       1,086        

      Sec. 323.156.  Within thirty days after a settlement of      1,095        

taxes under divisions (A) and, (C), AND (H) of section 321.24 of   1,097        

the Revised Code, the county treasurer shall certify to the tax    1,098        

commissioner one-half of the total amount of taxes on real         1,099        

property that were reduced pursuant to section 323.152 of the      1,100        

Revised Code for the preceding tax year, and one-half of the       1,101        

total amount of taxes on manufactured and mobile homes that were   1,102        

reduced pursuant to division (B) of section 323.152 of the         1,103        

Revised Code for the current tax year, as evidenced by the         1,105        

certificates of reduction and the tax duplicate certified to the   1,106        

county treasurer by the county auditor.  The commissioner, within  1,108        

thirty days of the receipt of such certification CERTIFICATIONS,   1,109        

shall provide for payment to the county treasurer, from the        1,110        

general revenue fund, of the amount certified, which shall be      1,112        

credited upon receipt to the county's undivided income tax fund,   1,113        

and an amount equal to two per cent of the amount by which taxes   1,114        

were reduced, which shall be credited upon receipt to the county   1,115        

general fund as a payment, in addition to the fees and charges     1,116        

authorized by sections 319.54 and 321.26 of the Revised Code, to   1,117        

the county auditor and treasurer for the costs of administering    1,118        

the exemption provided under sections 323.151 to 323.157 of the    1,119        

Revised Code.                                                                   

      Immediately upon receipt of funds into the county undivided  1,121        

income tax fund under this section, the auditor shall distribute   1,122        

the full amount thereof among the taxing districts in the county   1,123        

as though the total had been paid as taxes by each person for      1,124        

whom taxes were reduced under sections 323.151 to 323.157 of the   1,125        

Revised Code.                                                      1,126        

      Sec. 323.31.  (A)  A person who owns agricultural real       1,135        

                                                          28     


                                                                 
property or owns and occupies residential real property or a       1,138        

manufactured or mobile home that does not have an outstanding tax  1,139        

lien certificate or judgment of foreclosure against it, and a      1,140        

person who is a vendee of such property under a purchase                        

agreement or land contract and who occupies the property, shall    1,141        

have at least one opportunity to pay the delinquent or unpaid      1,142        

current taxes charged against the property by entering into a      1,144        

written delinquent tax contract with the county treasurer in a     1,146        

form prescribed or approved by the tax commissioner.  Subsequent   1,147        

opportunities to enter into a delinquent tax contract shall be at  1,148        

the county treasurer's sole discretion.                                         

      The treasurer may enter into a delinquent tax contract with  1,151        

an owner or vendee of real property, other than residential real   1,152        

property or a manufactured or mobile home that is occupied by the  1,153        

owner, and other than agricultural real property.                  1,154        

      The delinquent tax contract may be entered into at any time  1,157        

prior to the commencement of foreclosure proceedings by the        1,159        

county treasurer and the county prosecuting attorney pursuant to   1,161        

section 323.25 of the Revised Code or by the county prosecuting                 

attorney pursuant to section 5721.18 of the Revised Code, the      1,162        

commencement of foreclosure proceedings by a private attorney      1,163        

pursuant to section 5721.37 of the Revised Code, or the            1,164        

commencement of foreclosure and forfeiture proceedings pursuant    1,165        

to section 5721.14 of the Revised Code, OR THE COMMENCEMENT OF     1,166        

COLLECTION PROCEEDINGS PURSUANT TO DIVISION (H) OF SECTION         1,167        

4503.06 OF THE REVISED CODE BY THE FILING OF A CIVIL ACTION AS     1,168        

PROVIDED IN THAT DIVISION.  A duplicate copy of each delinquent    1,170        

tax contract shall be filed with the county auditor, who shall     1,172        

attach the copy to the delinquent land tax certificate,                         

delinquent vacant land tax certificate, or the delinquent          1,173        

manufactured home tax list, or who shall enter an asterisk in the  1,175        

margin next to the entry for the tract or lot on the master list   1,176        

of delinquent tracts, master list of delinquent vacant tracts, or  1,178        

next to the entry for the home on the delinquent manufactured      1,179        

                                                          29     


                                                                 
home tax list, prior to filing it with the prosecuting attorney    1,180        

under section 5721.13 of the Revised Code, or, in the case of the  1,181        

delinquent manufactured home tax list, prior to filing DELIVERING  1,183        

it with TO the county recorder TREASURER under division (H)(2) of  1,185        

section 4503.06 of the Revised Code.  If the delinquent tax        1,186        

contract is entered into after the certificate or the master list  1,188        

has been filed with the prosecuting attorney, the treasurer shall  1,189        

file the duplicate copy with the prosecuting attorney.             1,190        

      A delinquent tax contract entered into under this division   1,193        

shall provide for the payment of delinquent and unpaid current     1,194        

taxes in installments over a period not to exceed five years       1,196        

after the date of the first payment made under the contract;       1,197        

however, a person entering into a delinquent tax contract who      1,199        

owns and occupies residential real property may request, and the   1,200        

treasurer shall allow, a delinquent tax contract providing for     1,201        

payment in installments over a period of no fewer than two years   1,202        

after the date of the first payment made under the contract.       1,204        

      For each delinquent tax contract, the county treasurer       1,207        

shall determine and shall specify in the delinquent tax contract   1,208        

the number of installments, the amount of each installment, and    1,209        

the schedule for payment of the installments.  Each installment    1,211        

payment shall be apportioned among the several funds for which     1,212        

taxes have been assessed and shall be applied to the items of      1,213        

taxes charged in the order in which they became due.               1,214        

      When an installment payment is not received by the           1,216        

treasurer when due under a delinquent tax contract or any current  1,217        

taxes or special assessments charged against the property become   1,219        

unpaid, the delinquent tax contract becomes void unless the        1,221        

treasurer permits a new delinquent tax contract to be entered      1,223        

into; if the treasurer does not permit a new delinquent tax        1,224        

contract to be entered into, the treasurer shall certify to the    1,227        

auditor that the delinquent tax contract has become void.          1,229        

      Upon receipt of such a certification, the auditor shall      1,231        

destroy the duplicate copy of the voided delinquent tax contract.  1,233        

                                                          30     


                                                                 
If such copy has been filed with the prosecuting attorney, the     1,234        

auditor immediately shall deliver the certification to the         1,235        

prosecuting attorney, who shall attach it to the appropriate       1,236        

certificate and the duplicate copy of the voided delinquent tax    1,237        

contract or strike through the asterisk entered in the margin of   1,239        

the master list next to the entry for the tract or lot that is     1,240        

the subject of the voided delinquent tax contract.  The            1,241        

prosecuting attorney then shall institute a proceeding to          1,242        

foreclose the lien of the state in accordance with section 323.25  1,243        

or 5721.18 of the Revised Code or, in the case of delinquent       1,244        

vacant land, shall institute a foreclosure proceeding in           1,245        

accordance with section 323.25 or 5721.18 of the Revised Code, or  1,246        

a foreclosure and forfeiture proceeding in accordance with         1,247        

section 5721.14 of the Revised Code.  IN THE CASE OF A             1,248        

MANUFACTURED OR MOBILE HOME, THE COUNTY TREASURER SHALL CAUSE A    1,249        

CIVIL ACTION TO BE BROUGHT AS PROVIDED UNDER DIVISION (H) OF       1,250        

SECTION 4503.06 OF THE REVISED CODE.                                            

      (B)  If there is an outstanding tax certificate respecting   1,253        

a delinquent parcel under section 5721.32 or 5721.33 of the        1,254        

Revised Code, a written delinquent tax contract may not be         1,256        

entered into under this section.  To redeem a tax certificate in   1,257        

installments, the owner or other person seeking to redeem the tax  1,259        

certificate shall enter into a redemption payment plan under                    

division (C) of section 5721.38 of the Revised Code.               1,261        

      Sec. 323.611.  At the request of the county treasurer, a     1,271        

board of county commissioners may enter into a contract with any   1,272        

financial institution under which the financial institution, in    1,273        

accordance with the terms of the contract, receives real property  1,274        

AND MANUFACTURED HOME tax payments at a post office box, opens     1,275        

the mail delivered to that box, processes the checks and other     1,277        

payments received in such mail and deposits them into the          1,278        

treasurer's account, and provides the county treasurer daily       1,279        

receipt information with respect to such payments.  The contract   1,280        

shall not be entered into unless:                                  1,281        

                                                          31     


                                                                 
      (A)  There is attached to the contract a certification by    1,283        

the auditor of state that the financial institution and the        1,284        

treasurer have given assurances satisfactory to the auditor of     1,285        

state that the records of the financial institution, to the        1,286        

extent that they relate to tax payments covered by the contract,   1,287        

shall be subject to audit by the auditor of state to the same      1,288        

extent as if the services for which the financial institution has  1,289        

agreed to perform were being performed by the treasurer;           1,290        

      (B)  The contract is awarded in accordance with sections     1,292        

307.86 to 307.92 of the Revised Code;                              1,293        

      (C)  The treasurer's surety bond includes within its         1,295        

coverage any loss that might occur as the result of the contract;  1,296        

      (D)  The provisions of the contract do not conflict with     1,298        

accounting and reporting requirements prescribed by the auditor    1,299        

of state.                                                          1,300        

      Sec. 1317.13.  Notwithstanding AS USED IN THIS SECTION,      1,309        

"MOTOR VEHICLE" AND "MOBILE HOME" HAVE THE SAME MEANINGS AS IN     1,310        

SECTION 4501.01 OF THE REVISED CODE, AND "MANUFACTURED HOME" HAS   1,311        

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

      NOTWITHSTANDING the provisions of section 1309.46 of the     1,314        

Revised Code or any agreement by the parties to a consumer                      

transaction to the contrary, a secured party whose security        1,315        

interest is taken pursuant to section 1317.071 of the Revised      1,316        

Code, shall not be entitled to take possession of the collateral,  1,317        

except for collateral that is a motor vehicle as defined in        1,318        

section 4501.01 of the Revised Code, A MANUFACTURED HOME, or a     1,319        

mobile home, upon default by the debtor if the time balance at     1,321        

the time of the default is less than twenty-five per cent of the   1,322        

sum of the time balance on the day such retail installment                      

contract was executed and the down payment recited in such         1,323        

contract.                                                                       

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   1,333        

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         1,334        

Revised Code, and in the penal laws, except as otherwise           1,335        

                                                          32     


                                                                 
provided:                                                          1,336        

      (A)  "Vehicles" means everything on wheels or runners,       1,338        

including motorized bicycles, but does not mean vehicles that are  1,339        

operated exclusively on rails or tracks or from overhead electric  1,340        

trolley wires and vehicles that belong to any police department,   1,341        

municipal fire department, or volunteer fire department, or that   1,342        

are used by such a department in the discharge of its functions.   1,343        

      (B)  "Motor vehicle" means any vehicle, including mobile     1,346        

homes and recreational vehicles, that is propelled or drawn by     1,348        

power other than muscular power or power collected from overhead   1,349        

electric trolley wires.  "Motor vehicle" does not include          1,350        

motorized bicycles, road rollers, traction engines, power          1,351        

shovels, power cranes, and other equipment used in construction    1,352        

work and not designed for or employed in general highway           1,353        

transportation, well-drilling machinery, ditch-digging machinery,  1,354        

farm machinery, trailers that are used to transport agricultural   1,355        

produce or agricultural production materials between a local       1,356        

place of storage or supply and the farm when drawn or towed on a   1,357        

public road or highway at a speed of twenty-five miles per hour    1,358        

or less, threshing machinery, hay-baling machinery, corn sheller,  1,359        

hammermill and agricultural tractors, machinery used in the        1,360        

production of horticultural, agricultural, and vegetable           1,361        

products, and trailers that are designed and used exclusively to   1,362        

transport a boat between a place of storage and a marina, or in    1,363        

and around a marina, when drawn or towed on a public road or       1,364        

highway for a distance of no more than ten miles and at a speed    1,365        

of twenty-five miles per hour or less.                                          

      (C)  "Agricultural tractor" and "traction engine" mean any   1,367        

self-propelling vehicle that is designed or used for drawing       1,368        

other vehicles or wheeled machinery, but has no provisions for     1,369        

carrying loads independently of such other vehicles, and that is   1,370        

used principally for agricultural purposes.                        1,371        

      (D)  "Commercial tractor," except as defined in division     1,373        

(C) of this section, means any motor vehicle that has motive       1,374        

                                                          33     


                                                                 
power and either is designed or used for drawing other motor       1,375        

vehicles, or is designed or used for drawing another motor         1,377        

vehicle while carrying a portion of the other motor vehicle or     1,378        

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         1,380        

designed and used for carrying not more than nine persons and      1,381        

includes any motor vehicle that is designed and used for carrying  1,382        

not more than fifteen persons in a ridesharing arrangement.        1,383        

      (F)  "Collector's vehicle" means any motor vehicle or        1,385        

agricultural tractor or traction engine that is of special         1,386        

interest, that has a fair market value of one hundred dollars or   1,387        

more, whether operable or not, and that is owned, operated,        1,388        

collected, preserved, restored, maintained, or used essentially    1,389        

as a collector's item, leisure pursuit, or investment, but not as  1,390        

the owner's principal means of transportation.  "Licensed          1,391        

collector's vehicle" means a collector's vehicle, other than an    1,392        

agricultural tractor or traction engine, that displays current,    1,393        

valid license tags issued under section 4503.45 of the Revised     1,394        

Code, or a similar type of motor vehicle that displays current,    1,395        

valid license tags issued under substantially equivalent           1,396        

provisions in the laws of other states.                            1,397        

      (G)  "Historical motor vehicle" means any motor vehicle      1,399        

that is over twenty-five years old and is owned solely as a        1,400        

collector's item and for participation in club activities,         1,401        

exhibitions, tours, parades, and similar uses, but that in no      1,402        

event is used for general transportation.                          1,403        

      (H)  "Noncommercial motor vehicle" means any motor vehicle,  1,405        

including a farm truck as defined in section 4503.04 of the        1,406        

Revised Code, that is designed by the manufacturer to carry a      1,407        

load of no more than one ton and is used exclusively for purposes  1,408        

other than engaging in business for profit.                        1,409        

      (I)  "Bus" means any motor vehicle that has motor power and  1,412        

is designed and used for carrying more than nine passengers,                    

except any motor vehicle that is designed and used for carrying    1,413        

                                                          34     


                                                                 
not more than fifteen passengers in a ridesharing arrangement.     1,414        

      (J)  "Commercial car" or "truck" means any motor vehicle     1,416        

that has motor power and is designed and used for carrying         1,417        

merchandise or freight, or that is used as a commercial tractor.   1,418        

      (K)  "Bicycle" means every device, other than a tricycle     1,420        

that is designed solely for use as a play vehicle by a child,      1,422        

that is propelled solely by human power upon which any person may  1,423        

ride, and that has either two tandem wheels, or one wheel in       1,424        

front and two wheels in the rear, any of which is more than        1,425        

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that either has   1,427        

two tandem wheels or one wheel in the front and two wheels in the  1,429        

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

a helper motor of not more than fifty cubic centimeters piston     1,430        

displacement that produces no more than one brake horsepower and   1,431        

is capable of propelling the vehicle at a speed of no greater      1,432        

than twenty miles per hour on a level surface.                     1,433        

      (M)  "Trailer" means any vehicle without motive power that   1,436        

is designed or used for carrying property or persons wholly on                  

its own structure and for being drawn by a motor vehicle, and      1,437        

includes any such vehicle that is formed by or operated as a       1,438        

combination of a semitrailer and a vehicle of the dolly type such  1,439        

as that commonly known as a trailer dolly, a vehicle used to       1,440        

transport agricultural produce or agricultural production          1,441        

materials between a local place of storage or supply and the farm  1,442        

when drawn or towed on a public road or highway at a speed         1,443        

greater than twenty-five miles per hour, and a vehicle that is     1,444        

designed and used exclusively to transport a boat between a place  1,445        

of storage and a marina, or in and around a marina, when drawn or  1,446        

towed on a public road or highway for a distance of more than ten  1,447        

miles or at a speed of more than twenty-five miles per hour.       1,448        

"Trailer" does not include a manufactured home or travel trailer.  1,449        

      (N)  "Noncommercial trailer" means any trailer, except a     1,451        

travel trailer or trailer that is used to transport a boat as      1,452        

                                                          35     


                                                                 
described in division (B) of this section, but, where applicable,  1,453        

includes a vehicle that is used to transport a boat as described   1,454        

in division (M) of this section, that has a gross weight of no     1,455        

more than three thousand pounds, and that is used exclusively for  1,456        

purposes other than engaging in business for a profit.             1,457        

      (O)  "Mobile home" means a building unit or assembly of      1,460        

closed construction that is fabricated in an off-site facility,    1,461        

is more than thirty-five body feet in length or, when erected on   1,462        

site, is three hundred twenty or more square feet, is built on a   1,463        

permanent chassis, is transportable in one or more sections, and   1,465        

does not qualify as a manufactured home as defined in division     1,466        

(C)(4) of section 3781.06 of the Revised Code or as an             1,467        

industrialized unit as defined in division (C)(3) of section       1,468        

3781.06 of the Revised Code.                                                    

      (P)  "Semitrailer" means any vehicle of the trailer type     1,470        

that does not have motive power and is so designed or used with    1,471        

another and separate motor vehicle that in operation a part of     1,472        

its own weight or that of its load, or both, rests upon and is     1,473        

carried by the other vehicle furnishing the motive power for       1,474        

propelling itself and the vehicle referred to in this division,    1,475        

and includes, for the purpose only of registration and taxation    1,476        

under those chapters, any vehicle of the dolly type, such as a     1,477        

trailer dolly, that is designed or used for the conversion of a    1,478        

semitrailer into a trailer.                                        1,479        

      (Q)  "Recreational vehicle" means a vehicular portable       1,481        

structure that meets all of the following conditions:              1,482        

      (1)  It is designed for the sole purpose of recreational     1,485        

travel.                                                                         

      (2)  It is not used for the purpose of engaging in business  1,487        

for profit.                                                                     

      (3)  It is not used for the purpose of engaging in           1,489        

intrastate commerce.                                                            

      (4)  It is not used for the purpose of commerce as defined   1,491        

in 49 C.F.R. 383.5, as amended.                                    1,492        

                                                          36     


                                                                 
      (5)  It is not regulated by the public utilities commission  1,494        

pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.    1,495        

      (6)  It is classed as one of the following:                  1,497        

      (a)  "Travel trailer" means a nonself-propelled              1,499        

recreational vehicle that does not exceed an overall length of     1,500        

thirty-five feet, exclusive of bumper and tongue or coupling, and  1,501        

contains less than three hundred twenty square feet of space when  1,502        

erected on site.  "Travel trailer" includes a tent-type fold-out   1,504        

camping trailer as defined in section 4517.01 of the Revised       1,505        

Code.                                                                           

      (b)  "Motor home" means a self-propelled recreational        1,507        

vehicle that has no fifth wheel and is constructed with            1,508        

permanently installed facilities for cold storage, cooking and     1,510        

consuming of food, and for sleeping.                                            

      (c)  "Truck camper" means a nonself-propelled recreational   1,512        

vehicle that does not have wheels for road use and is designed to  1,513        

be placed upon and attached to a motor vehicle.  "Truck camper"    1,514        

does not include truck covers that consist of walls and a roof,    1,515        

but do not have floors and facilities enabling them to be used as  1,516        

a dwelling.                                                                     

      (d)  "Fifth wheel trailer" means a vehicle that is of such   1,518        

size and weight as to be movable without a special highway         1,519        

permit, that has a gross trailer area of four hundred square feet  1,520        

or less, that is constructed with a raised forward section that    1,521        

allows a bi-level floor plan, and that is designed to be towed by               

a vehicle equipped with a fifth-wheel hitch ordinarily installed   1,522        

in the bed of a truck.                                             1,523        

      (e)  "Park trailer" means a vehicle that is commonly known   1,525        

as a park model recreational vehicle, meets the American national  1,526        

standard institute standard A119.5 (1988) for park trailers, is    1,527        

built on a single chassis, has a gross trailer area of four        1,528        

hundred square feet or less when set up, is designed for seasonal  1,529        

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  1,530        

                                                          37     


                                                                 
      (R)  "Pneumatic tires" means tires of rubber and fabric or   1,532        

tires of similar material, that are inflated with air.             1,533        

      (S)  "Solid tires" means tires of rubber or similar elastic  1,535        

material that are not dependent upon confined air for support of   1,536        

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          1,538        

equipped with two or more solid tires.                             1,539        

      (U)  "Farm machinery" means all machines and tools that are  1,541        

used in the production, harvesting, and care of farm products,     1,542        

and includes trailers that are used to transport agricultural      1,543        

produce or agricultural production materials between a local       1,544        

place of storage or supply and the farm when drawn or towed on a   1,545        

public road or highway at a speed of twenty-five miles per hour    1,546        

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       1,548        

other than a manufacturer or dealer that has title to a motor      1,549        

vehicle, except that in sections 4505.01 to 4505.19 of the         1,550        

Revised Code, "owner" includes in addition manufacturers and       1,551        

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        1,553        

firms, and corporations that are regularly engaged in the          1,554        

business of manufacturing, selling, displaying, offering for       1,555        

sale, or dealing in motor vehicles, at an established place of     1,556        

business that is used exclusively for the purpose of               1,557        

manufacturing, selling, displaying, offering for sale, or dealing  1,558        

in motor vehicles.  A place of business that is used for           1,559        

manufacturing, selling, displaying, offering for sale, or dealing  1,560        

in motor vehicles shall be deemed to be used exclusively for       1,561        

those purposes even though snowmobiles or all-purpose vehicles     1,562        

are sold or displayed for sale thereat, even though farm           1,563        

machinery is sold or displayed for sale thereat, or even though    1,564        

repair, accessory, gasoline and oil, storage, parts, service, or   1,565        

paint departments are maintained thereat, or, in any county        1,566        

having a population of less than seventy-five thousand persons at  1,567        

                                                          38     


                                                                 
the last federal census, even though a department in a place of    1,568        

business is used to dismantle, salvage, or rebuild motor vehicles  1,569        

by means of used parts, if such departments are operated for the   1,570        

purpose of furthering and assisting in the business of             1,571        

manufacturing, selling, displaying, offering for sale, or dealing  1,572        

in motor vehicles.  Places of business or departments in a place   1,573        

of business used to dismantle, salvage, or rebuild motor vehicles  1,574        

by means of using used parts are not considered as being           1,575        

maintained for the purpose of assisting or furthering the          1,576        

manufacturing, selling, displaying, and offering for sale or       1,577        

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   1,579        

a motor vehicle upon the public highways.                          1,580        

      (Y)  "Chauffeur" means any operator who operates a motor     1,582        

vehicle, other than a taxicab, as an employee for hire; or any     1,583        

operator whether or not the owner of a motor vehicle, other than   1,584        

a taxicab, who operates such vehicle for transporting, for gain,   1,585        

compensation, or profit, either persons or property owned by       1,586        

another.  Any operator of a motor vehicle who is voluntarily       1,587        

involved in a ridesharing arrangement is not considered an         1,588        

employee for hire or operating such vehicle for gain,              1,589        

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  1,591        

of the United States, and the provinces of Canada.                 1,592        

      (AA)  "Public roads and highways" for vehicles includes all  1,594        

public thoroughfares, bridges, and culverts.                       1,595        

      (BB)  "Manufacturer's number" means the manufacturer's       1,597        

original serial number that is affixed to or imprinted upon the    1,598        

chassis or other part of the motor vehicle.                        1,599        

      (CC)  "Motor number" means the manufacturer's original       1,601        

number that is affixed to or imprinted upon the engine or motor    1,602        

of the vehicle.                                                    1,603        

      (DD)   "Distributor" means any person who is authorized by   1,605        

a motor vehicle manufacturer to distribute new motor vehicles to   1,606        

                                                          39     


                                                                 
licensed motor vehicle dealers at an established place of          1,607        

business that is used exclusively for the purpose of distributing  1,608        

new motor vehicles to licensed motor vehicle dealers, except when  1,609        

the distributor also is a new motor vehicle dealer, in which case  1,610        

the distributor may distribute at the location of the              1,611        

distributor's licensed dealership.                                 1,612        

      (EE)  "Ridesharing arrangement" means the transportation of  1,614        

persons in a motor vehicle where the transportation is incidental  1,616        

to another purpose of a volunteer driver and includes ridesharing  1,617        

arrangements known as carpools, vanpools, and buspools.            1,618        

      (FF)  "Apportionable vehicle" means any vehicle that is      1,620        

used or intended for use in two or more international              1,621        

registration plan member jurisdictions that allocate or            1,622        

proportionally register vehicles, that is used for the             1,623        

transportation of persons for hire or designed, used, or           1,624        

maintained primarily for the transportation of property, and that  1,625        

meets any of the following qualifications:                                      

      (1)  Is a power unit having a gross vehicle weight in        1,627        

excess of twenty-six thousand pounds;                              1,628        

      (2)  Is a power unit having three or more axles, regardless  1,630        

of the gross vehicle weight;                                       1,631        

      (3)  Is a combination vehicle with a gross vehicle weight    1,633        

in excess of twenty-six thousand pounds.                           1,634        

      "Apportionable vehicle" does not include recreational        1,636        

vehicles, vehicles displaying restricted plates, city pick-up and  1,637        

delivery vehicles, buses used for the transportation of chartered  1,638        

parties, or vehicles owned and operated by the United States,      1,639        

this state, or any political subdivisions thereof.                 1,640        

      (GG)  "Chartered party" means a group of persons who         1,642        

contract as a group to acquire the exclusive use of a              1,643        

passenger-carrying motor vehicle at a fixed charge for the         1,644        

vehicle in accordance with the carrier's tariff, lawfully on file  1,645        

with the United States department of transportation, for the       1,647        

purpose of group travel to a specified destination or for a        1,648        

                                                          40     


                                                                 
particular itinerary, either agreed upon in advance or modified    1,649        

by the chartered group after having left the place of origin.      1,650        

      (HH)  "International registration plan" means a reciprocal   1,652        

agreement of member jurisdictions that is endorsed by the          1,653        

American association of motor vehicle administrators, and that     1,654        

promotes and encourages the fullest possible use of the highway    1,655        

system by authorizing apportioned registration of fleets of        1,656        

vehicles and recognizing registration of vehicles apportioned in   1,657        

member jurisdictions.                                              1,658        

      (II)  "Restricted plate" means a license plate that has a    1,660        

restriction of time, geographic area, mileage, or commodity, and   1,661        

includes license plates issued to farm trucks under division (K)   1,662        

of section 4503.04 of the Revised Code.                            1,663        

      (JJ)  "Gross vehicle weight," with regard to any commercial  1,665        

car, trailer, semitrailer, or bus that is taxed at the rates       1,666        

established under section 4503.042 of the Revised Code, means the  1,667        

unladen weight of the vehicle fully equipped plus the maximum      1,668        

weight of the load to be carried on the vehicle.                   1,669        

      (KK)  "Combined gross vehicle weight" with regard to any     1,671        

combination of a commercial car, trailer, and semitrailer, that    1,672        

is taxed at the rates established under section 4503.042 of the    1,673        

Revised Code, means the total unladen weight of the combination    1,674        

of vehicles fully equipped plus the maximum weight of the load to  1,675        

be carried on that combination of vehicles.                        1,676        

      (LL)  "Chauffeured limousine" means a motor vehicle that is  1,679        

designed to carry nine or fewer passengers and is operated for     1,680        

hire on an hourly basis pursuant to a prearranged contract for     1,681        

the transportation of passengers on public roads and highways      1,682        

along a route under the control of the person hiring the vehicle   1,683        

and not over a defined and regular route.  "Prearranged contract"  1,684        

means an agreement, made in advance of boarding, to provide        1,685        

transportation from a specific location in a chauffeured           1,686        

limousine at a fixed rate per hour or trip.  "Chauffeured          1,687        

limousine" does not include any vehicle that is used exclusively   1,688        

                                                          41     


                                                                 
in the business of funeral directing.                              1,689        

      (MM)  "Manufactured home" has the same meaning as in         1,692        

division (C)(4) of section 3781.06 of the Revised Code.            1,693        

      (NN)  "Acquired situs," with respect to a manufactured home  1,696        

or a mobile home, means to become located in this state pursuant   1,697        

to the issuance of a certificate of title for the home and BY the  1,698        

placement of the home on real property, but does not include the   1,699        

placement of a manufactured home or a mobile home in the           1,700        

inventory of a new motor vehicle dealer or the inventory of a      1,701        

manufacturer, remanufacturer, or distributor of manufactured or    1,702        

mobile homes.                                                      1,703        

      (OO)  "Electronic" includes electrical, digital, magnetic,   1,705        

optical, electromagnetic, or any other form of technology that     1,706        

entails capabilities similar to these technologies.                1,707        

      (PP)  "Electronic record" means a record generated,          1,709        

communicated, received, or stored by electronic means for use in   1,710        

an information system or for transmission from one information     1,711        

system to another.                                                              

      (QQ)  "Electronic signature" means a signature in            1,713        

electronic form attached to or logically associated with an        1,714        

electronic record.                                                              

      (RR)  "Financial transaction device" has the same meaning    1,716        

as in division (A) of section 113.40 of the Revised Code.          1,717        

      Sec. 4503.06.  (A)  The owner of each manufactured or        1,727        

mobile home that has acquired situs in this state shall pay        1,728        

either a real property tax pursuant to Title LVII of the Revised   1,729        

Code or a manufactured home tax pursuant to division (C) of this   1,732        

section.                                                                        

      (B)  The owner of a manufactured or mobile home shall pay    1,735        

real property taxes if either of the following applies:            1,736        

      (1)  The manufactured or mobile home acquired situs in the   1,738        

state or ownership in the home was transferred on or after         1,739        

January 1, 2000, and all of the following apply:                   1,741        

      (a)  The home is affixed to a permanent foundation as        1,744        

                                                          42     


                                                                 
defined in division (C)(5) of section 3781.06 of the Revised       1,745        

Code;                                                                           

      (b)  The home is located on land that is owned by the owner  1,748        

of the home;                                                                    

      (c)  The certificate of title has been inactivated by the    1,751        

clerk of the court of common pleas that issued it, pursuant to     1,752        

division (H) of section 4505.11 of the Revised Code.               1,753        

      (2)  The manufactured or mobile home acquired situs in the   1,755        

state or ownership in the home was transferred before January 1,   1,757        

2000, and all of the following apply:                              1,758        

      (a)  The home is affixed to a permanent foundation as        1,761        

defined in division (C)(5) of section 3781.06 of the Revised       1,762        

Code;                                                                           

      (b)  The home is located on land that is owned by the owner  1,765        

of the home;                                                                    

      (c)  The owner of the home has elected to have the home      1,768        

taxed as real property and, pursuant to section 4505.11 of the     1,769        

Revised Code, has surrendered the certificate of title to the      1,770        

auditor of the county containing the taxing district in which the  1,772        

home has its situs, together with proof that all taxes have been   1,773        

paid;                                                                           

      (d)  The county auditor has placed the home on the real      1,776        

property tax list and delivered the certificate of title to the    1,777        

clerk of the court of common pleas that issued it and the clerk    1,779        

has inactivated the certificate.                                                

      (C)(1)  Any mobile or manufactured home that is not taxed    1,782        

as real property as provided in division (B) of this section is    1,783        

subject to an annual manufactured home tax, payable by the owner,  1,784        

for locating the home in this state.  The tax as levied in this    1,786        

section is for the purpose of supplementing the general revenue    1,788        

funds of the local subdivisions in which the home has its situs    1,789        

pursuant to this section.                                                       

      (2)  The year for which the manufactured home tax is levied  1,792        

commences on the first day of January and ends on the following                 

                                                          43     


                                                                 
thirty-first day of December.  THE STATE SHALL HAVE THE FIRST      1,795        

LIEN ON ANY MANUFACTURED OR MOBILE HOME ON THE LIST FOR THE                     

AMOUNT OF TAXES, PENALTIES, AND INTEREST CHARGED AGAINST THE       1,796        

OWNER OF THE HOME UNDER THIS SECTION.  The lien of the state for   1,798        

the tax for a year shall attach on the first day of January to a   1,799        

home that has acquired situs on that date.  The lien for a home    1,801        

that has not acquired situs on the first day of January, but that  1,802        

acquires situs during the year, shall attach on the next first     1,803        

day of January.  The lien shall continue until the tax, including  1,804        

any penalty OR INTEREST, is paid.                                               

      (3)(a)  The situs of a manufactured or mobile home located   1,806        

in this state on the first day of January is the local taxing      1,808        

district in which the home is located on that date.                1,809        

      (b)  The situs of a manufactured or mobile home not located  1,811        

in this state on the first day of January, but located in this     1,812        

state subsequent to that date, is the local taxing district in     1,813        

which the home is located thirty days after it is acquired or      1,814        

first enters this state.                                                        

      (4)  The tax is collected by and paid to the county          1,816        

treasurer of the county containing the taxing district in which    1,817        

the home has its situs.                                            1,818        

      (D)  The manufactured home tax shall be computed and         1,820        

assessed by the county auditor of the county containing the        1,822        

taxing district in which the home has its situs as follows:        1,823        

      (1)  On a home that acquired situs in this state prior to    1,825        

January 1, 2000;                                                   1,826        

      (a)  By multiplying the assessable value of the home by the  1,829        

tax rate of the taxing district in which the home has its situs,   1,831        

and deducting from the product thus obtained any reduction         1,832        

authorized under section 4503.065 of the Revised Code.  The tax    1,833        

levied under this formula shall not be less than thirty-six        1,835        

dollars, unless the home qualifies for a reduction in assessable   1,837        

value under section 4503.065 of the Revised Code, in which case    1,838        

there shall be no minimum tax and the tax shall be the amount      1,839        

                                                          44     


                                                                 
calculated under this division.                                                 

      (b)  The assessable value of the home shall be forty per     1,842        

cent of the amount arrived at by the following computation:        1,843        

      (i)  If the cost to the owner, or market value at time of    1,845        

purchase, whichever is greater, of the home includes the           1,847        

furnishings and equipment, such cost or market value shall be                   

multiplied according to the following schedule:                    1,848        

      For the first calendar year                                  1,850        

      in which the                                                 1,851        

      home is owned by the                                         1,852        

      current owner                              80%               1,853        

      2nd calendar year                x         75%               1,854        

      3rd     "                        x         70%               1,855        

      4th     "                        x         65%               1,856        

      5th     "                        x         60%               1,857        

      6th     "                        x         55%               1,858        

      7th     "                        x         50%               1,859        

      8th     "                        x         45%               1,860        

      9th     "                        x         40%               1,861        

      10th and each year thereafter              35%               1,862        

      The first calendar year means any period between the first   1,864        

day of January and the thirty-first day of December of the first   1,865        

year.                                                              1,866        

      (ii)  If the cost to the owner, or market value at the time  1,869        

of purchase, whichever is greater, of the home does not include    1,871        

the furnishings and equipment, such cost or market value shall be  1,872        

multiplied according to the following schedule:                                 

      For the first calendar year                                  1,874        

      in which the                                                 1,875        

      home is owned by the                                         1,876        

      current owner                              95%               1,877        

      2nd calendar year                x         90%               1,878        

      3rd     "                        x         85%               1,879        

      4th     "                        x         80%               1,880        

                                                          45     


                                                                 
      5th     "                        x         75%               1,881        

      6th     "                        x         70%               1,882        

      7th     "                        x         65%               1,883        

      8th     "                        x         60%               1,884        

      9th     "                        x         55%               1,885        

      10th and each year thereafter              50%               1,886        

      The first calendar year means any period between the first   1,888        

day of January and the thirty-first day of December of the first   1,889        

year.                                                              1,890        

      (2)  On a home in which ownership was transferred or that    1,894        

first acquired situs in this state on or after January 1, 2000:    1,896        

      (a)  By multiplying the assessable value of the home by the  1,900        

effective tax rate, as defined in section 323.08 of the Revised    1,902        

Code, for residential real property of the taxing district in      1,903        

which the home has its situs, and deducting from the product thus  1,904        

obtained the reductions required or authorized under section       1,905        

319.302, division (b)(B) of section 323.152, or section 4503.065   1,907        

of the Revised Code.                                               1,908        

      (b)  The assessable value of the home shall be thirty-five   1,911        

per cent of its true value as determined under division (L) of     1,913        

this section.                                                                   

      (3)  The ON OR BEFORE THE FIFTEENTH DAY OF JANUARY EACH      1,916        

YEAR, THE auditor shall record the assessable value and the        1,917        

amount of tax on the manufactured or mobile home on the tax list   1,918        

and deliver a copy DUPLICATE of the list to the county treasurer.  1,920        

IN THE CASE OF AN EMERGENCY AS DEFINED IN SECTION 323.17 OF THE                 

REVISED CODE, THE TAX COMMISSIONER, BY JOURNAL ENTRY, MAY EXTEND   1,922        

THE TIMES FOR DELIVERY OF THE DUPLICATE FOR AN ADDITIONAL FIFTEEN  1,923        

DAYS UPON RECEIVING A WRITTEN APPLICATION FROM THE COUNTY AUDITOR  1,925        

REGARDING AN EXTENSION FOR THE DELIVERY OF THE DUPLICATE, OR FROM  1,926        

THE COUNTY TREASURER REGARDING AN EXTENSION OF THE TIME FOR THE    1,927        

BILLING AND COLLECTION OF TAXES.  THE APPLICATION SHALL CONTAIN A  1,928        

STATEMENT DESCRIBING THE EMERGENCY THAT WILL CAUSE THE             1,929        

UNAVOIDABLE DELAY AND MUST BE RECEIVED BY THE TAX COMMISSIONER ON  1,930        

                                                          46     


                                                                 
OR BEFORE THE LAST DAY OF THE MONTH PRECEDING THE DAY DELIVERY OF  1,931        

THE DUPLICATE IS OTHERWISE REQUIRED.  WHEN AN EXTENSION IS         1,932        

GRANTED FOR DELIVERY OF THE DUPLICATE, THE TIME PERIOD FOR                      

PAYMENT OF TAXES SHALL BE EXTENDED FOR A LIKE PERIOD OF TIME.      1,933        

WHEN A DELAY IN THE CLOSING OF A TAX COLLECTION PERIOD BECOMES     1,934        

UNAVOIDABLE, THE TAX COMMISSIONER, UPON APPLICATION BY THE COUNTY  1,935        

AUDITOR AND COUNTY TREASURER, MAY ORDER THE TIME FOR PAYMENT OF    1,936        

TAXES TO BE EXTENDED IF THE TAX COMMISSIONER DETERMINES THAT       1,937        

PENALTIES HAVE ACCRUED OR WOULD OTHERWISE ACCRUE FOR REASONS       1,938        

BEYOND THE CONTROL OF THE TAXPAYERS OF THE COUNTY.  THE ORDER      1,939        

SHALL PRESCRIBE THE FINAL EXTENDED DATE FOR PAYMENT OF TAXES FOR   1,940        

THAT COLLECTION PERIOD.                                            1,941        

      (4)  After January 1, 1999, the owner of a manufactured or   1,943        

mobile home taxed pursuant to division (D)(1) of this section may  1,946        

elect to have the home taxed pursuant to division (D)(2) of this   1,947        

section by filing a written request with the county auditor of     1,948        

the taxing district in which the home is located ON OR BEFORE THE  1,949        

FIRST DAY OF DECEMBER OF ANY YEAR.  Upon the filing of the         1,950        

request, the county auditor SHALL DETERMINE WHETHER ALL TAXES      1,951        

LEVIED UNDER DIVISION (D)(1) OF THIS SECTION HAVE BEEN PAID, AND   1,952        

IF THOSE TAXES HAVE BEEN PAID, THE COUNTY AUDITOR shall tax the    1,953        

manufactured or mobile home pursuant to division (D)(2) of this    1,955        

section commencing in the next tax year.                           1,956        

      (5)  A manufactured or mobile home that acquired situs in    1,959        

this state prior to January 1, 2000, shall be taxed pursuant to    1,961        

division (D)(2) of this section if no manufactured home tax had    1,962        

been paid for the home and the home was not exempted from          1,963        

taxation pursuant to division (E) of this section for the year     1,965        

for which the taxes were not paid.                                              

      (6)(a)  IMMEDIATELY UPON RECEIPT OF ANY MANUFACTURED HOME    1,967        

TAX DUPLICATE FROM THE COUNTY AUDITOR, BUT NOT LESS THAN TWENTY    1,968        

DAYS PRIOR TO THE LAST DATE ON WHICH THE FIRST ONE-HALF TAXES MAY  1,969        

BE PAID WITHOUT PENALTY AS PRESCRIBED IN DIVISION (F) OF THIS      1,970        

SECTION, THE COUNTY TREASURER SHALL CAUSE TO BE PREPARED AND       1,971        

                                                          47     


                                                                 
MAILED OR DELIVERED TO EACH PERSON CHARGED ON THAT DUPLICATE WITH  1,972        

TAXES, OR TO AN AGENT DESIGNATED BY SUCH PERSON, THE TAX BILL      1,973        

PRESCRIBED BY THE TAX COMMISSIONER UNDER DIVISION (D)(7) OF THIS   1,974        

SECTION.  WHEN TAXES ARE PAID BY INSTALLMENTS, THE COUNTY          1,976        

TREASURER SHALL MAIL OR DELIVER TO EACH PERSON CHARGED ON SUCH     1,977        

DUPLICATE OR THE AGENT DESIGNATED BY SUCH PERSON A SECOND TAX      1,978        

BILL SHOWING THE AMOUNT DUE AT THE TIME OF THE SECOND TAX                       

COLLECTION.  THE SECOND HALF TAX BILL SHALL BE MAILED OR           1,979        

DELIVERED AT LEAST TWENTY DAYS PRIOR TO THE CLOSE OF THE SECOND    1,980        

HALF TAX COLLECTION PERIOD.  A CHANGE IN THE MAILING ADDRESS OF    1,982        

ANY TAX BILL SHALL BE MADE IN WRITING TO THE COUNTY TREASURER.     1,983        

FAILURE TO RECEIVE A BILL REQUIRED BY THIS SECTION DOES NOT        1,985        

EXCUSE FAILURE OR DELAY TO PAY ANY TAXES SHOWN ON THE BILL OR,     1,986        

EXCEPT AS PROVIDED IN DIVISION (A) OF SECTION 5715.39 OF THE       1,987        

REVISED CODE, AVOID ANY PENALTY, INTEREST, OR CHARGE FOR SUCH      1,988        

DELAY.                                                             1,989        

      (b)  AFTER DELIVERY OF THE COPY OF THE DELINQUENT            1,991        

MANUFACTURED HOME TAX LIST UNDER DIVISION (H) OF THIS SECTION,     1,992        

THE COUNTY TREASURER MAY PREPARE AND MAIL TO EACH PERSON IN WHOSE  1,994        

NAME A HOME IS LISTED AN ADDITIONAL TAX BILL SHOWING THE TOTAL     1,996        

AMOUNT OF DELINQUENT TAXES CHARGED AGAINST THE HOME AS SHOWN ON    1,997        

THE LIST.  THE TAX BILL SHALL INCLUDE A NOTICE THAT THE INTEREST   1,998        

CHARGE PRESCRIBED BY DIVISION (G) OF THIS SECTION HAS BEGUN TO     1,999        

ACCRUE.                                                                         

      (7)  EACH TAX BILL PREPARED AND MAILED OR DELIVERED UNDER    2,002        

DIVISION (D)(6) OF THIS SECTION SHALL BE IN THE FORM AND CONTAIN   2,004        

THE INFORMATION REQUIRED BY THE TAX COMMISSIONER.  THE             2,005        

COMMISSIONER MAY PRESCRIBE DIFFERENT FORMS FOR EACH COUNTY AND     2,006        

MAY AUTHORIZE THE COUNTY AUDITOR TO MAKE UP TAX BILLS AND TAX      2,007        

RECEIPTS TO BE USED BY THE COUNTY TREASURER.  THE TAX BILL SHALL   2,008        

NOT CONTAIN OR BE MAILED OR DELIVERED WITH ANY INFORMATION OR      2,009        

MATERIAL THAT IS NOT REQUIRED BY THIS SECTION OR THAT IS NOT       2,010        

AUTHORIZED BY SECTION 321.45 OF THE REVISED CODE OR BY THE TAX     2,011        

COMMISSIONER.  IN ADDITION TO THE INFORMATION REQUIRED BY THE      2,013        

                                                          48     


                                                                 
COMMISSIONER, EACH TAX BILL SHALL CONTAIN THE FOLLOWING            2,015        

INFORMATION:                                                                    

      (a)  THE TAXES LEVIED AND THE TAXES CHARGED AND PAYABLE      2,017        

AGAINST THE MANUFACTURED OR MOBILE HOME;                           2,018        

      (b)  THE FOLLOWING NOTICE:  "NOTICE:  IF THE TAXES ARE NOT   2,021        

PAID WITHIN SIXTY DAYS AFTER THE COUNTY AUDITOR DELIVERS THE       2,022        

DELINQUENT MANUFACTURED HOME TAX LIST TO THE COUNTY TREASURER,     2,023        

YOU AND YOUR HOME MAY BE SUBJECT TO COLLECTION PROCEEDINGS FOR     2,025        

TAX DELINQUENCY."  FAILURE TO PROVIDE SUCH NOTICE HAS NO EFFECT    2,026        

UPON THE VALIDITY OF ANY TAX JUDGMENT TO WHICH A HOME MAY BE       2,027        

SUBJECTED.                                                                      

      (c)  IN THE CASE OF MANUFACTURED OR MOBILE HOMES TAXED       2,029        

UNDER DIVISION (D)(2) OF THIS SECTION, THE FOLLOWING ADDITIONAL    2,030        

INFORMATION:                                                       2,031        

      (i)  THE EFFECTIVE TAX RATE.  THE WORDS "EFFECTIVE TAX       2,033        

RATE" SHALL APPEAR IN BOLDFACE TYPE.                               2,034        

      (ii)  THE FOLLOWING NOTICE:  "NOTICE:  IF THE TAXES CHARGED  2,037        

AGAINST THIS HOME HAVE BEEN REDUCED BY THE 2-1/2 PER CENT TAX      2,038        

REDUCTION FOR RESIDENCES OCCUPIED BY THE OWNER BUT THE HOME IS     2,040        

NOT A RESIDENCE OCCUPIED BY THE OWNER, THE OWNER MUST NOTIFY THE   2,041        

COUNTY AUDITOR'S OFFICE NOT LATER THAN MARCH 31 OF THE YEAR FOR    2,043        

WHICH THE TAXES ARE DUE.  FAILURE TO DO SO MAY RESULT IN THE       2,044        

OWNER BEING CONVICTED OF A FOURTH DEGREE MISDEMEANOR, WHICH IS     2,045        

PUNISHABLE BY IMPRISONMENT UP TO 30 DAYS, A FINE UP TO $250, OR    2,046        

BOTH, AND IN THE OWNER HAVING TO REPAY THE AMOUNT BY WHICH THE     2,047        

TAXES WERE ERRONEOUSLY OR ILLEGALLY REDUCED, PLUS ANY INTEREST     2,048        

THAT MAY APPLY.                                                                 

      IF THE TAXES CHARGED AGAINST THIS HOME HAVE NOT BEEN         2,050        

REDUCED BY THE 2-1/2 PER CENT TAX REDUCTION AND THE HOME IS A      2,052        

RESIDENCE OCCUPIED BY THE OWNER, THE HOME MAY QUALIFY FOR THE TAX  2,053        

REDUCTION.  TO OBTAIN AN APPLICATION FOR THE TAX REDUCTION OR      2,054        

FURTHER INFORMATION, THE OWNER MAY CONTACT THE COUNTY AUDITOR'S    2,055        

OFFICE AT  .......... (INSERT THE ADDRESS AND TELEPHONE NUMBER OF  2,056        

THE COUNTY AUDITOR'S OFFICE)."                                                  

                                                          49     


                                                                 
      (E)(1)  A manufactured or mobile home is not subject to      2,058        

this section when any of the following applies:                    2,059        

      (a)  It is taxable as personal property pursuant to section  2,062        

5709.01 of the Revised Code.  Any manufactured or mobile home      2,063        

that is used as a residence shall be subject to this section and   2,066        

shall not be taxable as personal property pursuant to section      2,067        

5709.01 of the Revised Code.                                                    

      (b)  It bears a license plate issued by any state other      2,069        

than this state unless the home is in this state in excess of an   2,070        

accumulative period of thirty days in any calendar year.           2,071        

      (c)  The annual tax has been paid on the home in this state  2,073        

for the current year.                                              2,074        

      (d)  The tax commissioner has determined, pursuant to        2,076        

section 5715.27 of the Revised Code, that the property is exempt   2,077        

from taxation, or would be exempt from taxation under Chapter      2,078        

5709. of the Revised Code if it were classified as real property.  2,079        

      (2)  A travel trailer or park trailer, as these terms are    2,082        

defined in section 4501.01 of the Revised Code, is not subject to  2,083        

this section if it is unused or unoccupied and stored at the       2,084        

owner's normal place of residence or at a recognized storage       2,085        

facility.                                                          2,086        

      (3)  A travel trailer or park trailer, as these terms are    2,088        

defined in section 4501.01 of the Revised Code, is subject to      2,089        

this section and shall be taxed as a manufactured or mobile home   2,091        

if it has a situs longer than thirty days in one location and is   2,092        

connected to existing utilities, unless either of the following    2,094        

applies:                                                                        

      (a)  The situs is in a state facility or a camping or park   2,096        

area as defined in division (B), (G), (H), or (R) of section       2,098        

3733.01 of the Revised Code;                                       2,099        

      (b)  The situs is in a camping or park area that is a tract  2,102        

of land that has been limited to recreational use by deed or                    

zoning restrictions and subdivided for sale of five or more        2,103        

individual lots for the express or implied purpose of occupancy    2,104        

                                                          50     


                                                                 
by either self-contained recreational vehicles as defined in       2,105        

division (E) of section 3733.01 of the Revised Code or by          2,106        

dependent recreational vehicles as defined in division (F) of      2,107        

section 3733.01 of the Revised Code.                               2,108        

      (F)  The EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS       2,110        

SECTION, THE manufactured home tax is due and payable as follows:  2,112        

      (1)  When a manufactured or mobile home has a situs in this  2,114        

state, as provided in this section, on the first day of January,   2,115        

one-half of the amount of the tax is due and payable on or before  2,116        

the thirty-first FIRST day of January MARCH and the balance is     2,118        

due and payable on or before the thirty-first day of July.  At     2,119        

the option of the owner of the home, the tax for the entire year   2,120        

may be paid in full on the thirty-first FIRST day of January       2,121        

MARCH.                                                                          

      (2)  When a manufactured or mobile home first acquires a     2,123        

situs in this state after the first day of January, no tax is due  2,125        

and payable for that year.                                                      

      (G)(1)  If one-half of the current taxes charged under this  2,128        

section against a manufactured or mobile home, together with the   2,129        

full amount of any delinquent taxes or any installment thereof     2,130        

required to be paid under a written undertaking, are not paid on   2,131        

or before the thirty-first day of January in that year, or on or   2,132        

before the last day for such payment as extended pursuant to       2,133        

section 4503.063 of the Revised Code, a penalty of ten per cent    2,135        

shall be charged against the unpaid balance of such half of the    2,136        

current taxes.  If the total amount of all such taxes is not paid  2,138        

on or before the thirty-first day of July, next thereafter, or on  2,139        

or before the last day for such payment as extended pursuant to    2,140        

section 4503.063 of the Revised Code, a like penalty shall be      2,141        

charged on the balance of the total amount of such unpaid current  2,142        

taxes.                                                                          

      (2)(a)  On the first day of the month following the last     2,144        

day the second installment of taxes may be paid without penalty    2,145        

BEGINNING IN 2000, interest shall be charged against and computed  2,147        

                                                          51     


                                                                 
on all delinquent taxes other than the current taxes that became   2,148        

delinquent taxes at the close of the last day such second          2,149        

installment could be paid without penalty.  The charge shall be    2,150        

for interest that accrued during the period that began on the      2,151        

preceding first day of December and ended on the last day of the   2,152        

month that included the last date such second installment could    2,153        

be paid without penalty.  The interest shall be computed at the    2,154        

rate per annum prescribed by section 5703.47 of the Revised Code   2,155        

and shall be entered as a separate item on the delinquent          2,156        

manufactured home tax list compiled under division (H) of this     2,157        

section.                                                                        

      (b)  On the first day of December BEGINNING IN 2000, the     2,159        

interest shall be charged against and computed on all delinquent   2,161        

taxes.  The charge shall be for interest that accrued during the   2,162        

period that began on the first day of the month following the      2,163        

last date prescribed for the payment of the second installment of  2,164        

taxes in the current year and ended on the immediately preceding   2,165        

last day of November.  The interest shall be computed at the rate  2,166        

per annum prescribed by section 5703.47 of the Revised Code and    2,168        

shall be entered as a separate item on the delinquent              2,169        

manufactured home tax list.                                                     

      (c)  After a valid undertaking has been entered into for     2,171        

the payment of any delinquent taxes, no interest shall be charged  2,172        

against such delinquent taxes while the undertaking remains in     2,173        

effect in compliance with section 323.31 of the Revised Code.  If  2,174        

a valid undertaking becomes void, interest shall be charged        2,175        

against the delinquent taxes for the periods that interest was     2,176        

not permitted to be charged while the undertaking was in effect.   2,177        

The interest shall be charged on the day the undertaking becomes   2,178        

void and shall equal the amount of interest that would have been   2,179        

charged against the unpaid delinquent taxes outstanding on the     2,180        

dates on which interest would have been charged thereon under      2,181        

divisions (G)(1) and (2) of this section had the undertaking not   2,182        

been in effect.                                                    2,183        

                                                          52     


                                                                 
      (3)  If the full amount of the taxes due at either of the    2,185        

times prescribed by division (F) of this section is paid within    2,186        

ten days after such time, the county treasurer shall waive the     2,187        

collection of and the county auditor shall remit one-half of the   2,188        

penalty provided for in this division for failure to make that     2,189        

payment by the prescribed time.                                    2,190        

      (4)  The treasurer shall compile and deliver to the county   2,192        

auditor a list of all tax payments the treasurer has received as   2,194        

provided in division (G)(3) of this section.  The list shall       2,195        

include any information required by the auditor for the remission  2,196        

of the penalties waived by the treasurer.  The taxes so collected  2,197        

shall be included in the settlement next succeeding the            2,198        

settlement then in process.                                        2,199        

      (H)(1)  The BEGINNING IN 2000, THE county auditor shall      2,201        

compile annually a "delinquent manufactured home tax list"         2,203        

consisting of homes the county treasurer's records indicate have   2,204        

taxes that were not paid within the time prescribed by division    2,205        

DIVISIONS (D)(3) AND (F) of this section, have taxes that remain   2,207        

unpaid from prior years, or have unpaid tax penalties OR INTEREST  2,209        

that have been assessed.                                                        

      (2)  On or before the first day of September each year       2,212        

WITHIN THIRTY DAYS AFTER THE SETTLEMENT UNDER DIVISION (H)(2) OF   2,213        

SECTION 321.24 OF THE REVISED CODE BEGINNING IN 2000, the county   2,214        

auditor shall deliver a copy of the delinquent manufactured home   2,215        

tax list to the county treasurer and shall file a copy in the      2,216        

office of the county recorder.  The recorder shall keep a copy of  2,218        

the list, designate it as the "Manufactured Home Tax Lien                       

Record," and index it under the name of any person charged on it.  2,220        

The recorder shall not charge a fee for the services required      2,221        

under this section.  The auditor shall UPDATE AND publish the      2,222        

delinquent manufactured home tax list ANNUALLY in the same manner  2,223        

as delinquent real property tax lists are published.  THE COUNTY   2,225        

AUDITOR SHALL APPORTION THE COST OF PUBLISHING THE LIST AMONG      2,226        

TAXING DISTRICTS IN PROPORTION TO THE AMOUNT OF DELINQUENT         2,227        

                                                          53     


                                                                 
MANUFACTURED HOME TAXES SO PUBLISHED THAT EACH TAXING DISTRICT IS  2,228        

ENTITLED TO RECEIVE UPON COLLECTION OF THOSE TAXES.                2,229        

      (3)  The list filed with the county recorder shall           2,231        

constitute a notice of lien as of the date of filing.  The state   2,232        

shall have the first lien on any manufactured or mobile home on    2,233        

the list for the amount of taxes and penalties charged against     2,235        

the owner of the home under this section.                                       

      (4)  When taxes and, penalties, OR INTEREST are charged      2,239        

against a person on the delinquent manufactured home tax list AND  2,241        

ARE NOT PAID WITHIN SIXTY DAYS AFTER THE LIST IS DELIVERED TO THE  2,242        

COUNTY TREASURER, the county treasurer shall, in addition to any   2,243        

other remedy provided by law for the collection of taxes and,      2,244        

penalties, AND INTEREST, enforce collection of such taxes and,     2,245        

penalties, AND INTEREST by civil action in the name of the         2,246        

treasurer against the owner for the recovery of the unpaid taxes   2,248        

following the procedures for the recovery of delinquent real       2,249        

property taxes in sections 323.25 to 323.28 of the Revised Code.   2,250        

The action may be brought in municipal or county court, provided   2,251        

the amount charged does not exceed the monetary limitations for    2,253        

original jurisdiction for civil actions in those courts.           2,254        

      It is sufficient, having made proper parties to the suit,    2,256        

for the treasurer to allege in the treasurer's bill of             2,257        

particulars or petition that the taxes stand chargeable on the     2,259        

books of the county treasurer against such person, that they are   2,260        

due and unpaid, and that such person is indebted in the amount of  2,261        

taxes appearing to be due the county.  The treasurer need not set  2,262        

forth any other matter relating thereto.  If it is found on the    2,264        

trial of the action that the person is indebted to the state,      2,265        

judgment shall be rendered in favor of the treasurer prosecuting   2,266        

the action.  The judgment debtor is not entitled to the benefit    2,267        

of any law for stay of execution or exemption of property from     2,268        

levy or sale on execution in the enforcement of the judgment.      2,269        

      (I)  The total amount of taxes collected shall be            2,271        

distributed semiannually at the same time distribution is made of  2,272        

                                                          54     


                                                                 
real estate and public utility taxes in the following manner:      2,273        

four per cent shall be allowed as compensation to the county       2,274        

auditor for the county auditor's service in assessing the taxes;   2,276        

two per cent shall be allowed as compensation to the county        2,277        

treasurer for the services the county treasurer renders as a       2,278        

result of the tax levied by this section.  Such amounts shall be   2,280        

paid into the county treasury, to the credit of the county         2,281        

general revenue fund, on the warrant of the county auditor.  Fees  2,283        

to be paid to the credit of the real estate assessment fund shall  2,284        

be collected pursuant to division (B) of section 319.54 of the                  

Revised Code and paid into the county treasury, on the warrant of  2,285        

the county auditor.  The balance of the taxes collected shall be   2,286        

distributed among the taxing subdivisions of the county in which   2,287        

the taxes are collected and paid in the same ratio as those taxes  2,288        

were collected for the benefit of the taxing subdivision.  The     2,289        

taxes levied and revenues collected under this section shall be    2,291        

in lieu of any general property tax and any tax levied with        2,292        

respect to the privilege of using or occupying a manufactured OR   2,293        

MOBILE home in Ohio except as provided in sections 4503.04 and     2,294        

5741.02 of the Revised Code.                                                    

      (J)  An agreement to purchase or a bill of sale for a        2,296        

manufactured home shall show whether or not the furnishings and    2,297        

equipment are included in the purchase price.                      2,298        

      (K)  If the county treasurer and the county prosecuting      2,300        

attorney agree that an item charged on the delinquent              2,301        

manufactured home tax list is uncollectible, they shall certify    2,302        

that determination and the reasons to the county board of          2,303        

revision.  If the board determines the amount is uncollectible,    2,304        

it shall certify its determination to the county auditor, who      2,305        

shall strike the item from the list.                               2,306        

      (L)(1)  The county auditor shall appraise at its true value  2,309        

any manufactured or mobile home in which ownership is transferred  2,310        

or which first acquires situs in this state on or after January    2,311        

1, 2000, AND ANY MANUFACTURED OR MOBILE HOME THE OWNER OF WHICH    2,312        

                                                          55     


                                                                 
HAS ELECTED, UNDER DIVISION (D)(4) OF THIS SECTION, TO HAVE THE    2,313        

HOME TAXED UNDER DIVISION (D)(2) OF THIS SECTION.  The true value  2,314        

shall include the value of the home, any additions, and any        2,316        

fixtures, but not any furnishings in the home.  In determining     2,317        

the true value of a manufactured or mobile home, the auditor       2,318        

shall consider all facts and circumstances relating to the value   2,319        

of the home, including its age, its capacity to function as a      2,320        

residence, any obsolete characteristics, and other factors that    2,321        

may tend to prove its true value.                                  2,322        

      (2)(a)  If a manufactured or mobile home has been the        2,325        

subject of an arm's length sale between a willing seller and a     2,326        

willing buyer within a reasonable length of time prior to the                   

determination of true value, the auditor shall consider the sale   2,327        

price of the home to be the true value for taxation purposes.      2,328        

      (b)  The sale price in an arm's length transaction between   2,331        

a willing seller and a willing buyer shall not be considered the   2,332        

true value of the home if either of the following occurred after   2,333        

the sale:                                                                       

      (i)  The home has lost value due to a casualty;              2,335        

      (ii)  An addition or fixture has been added to the home.     2,337        

      (3)  The auditor shall have each home viewed and appraised   2,339        

at least once in each six-year period IN THE SAME YEAR IN WHICH    2,340        

REAL PROPERTY IN THE COUNTY IS APPRAISED PURSUANT TO CHAPTER       2,341        

5713. OF THE REVISED CODE, AND SHALL UPDATE THE APPRAISED VALUES   2,342        

IN THE THIRD CALENDAR YEAR FOLLOWING THE APPRAISAL.  The person    2,343        

viewing or appraising a home may enter the home to determine by    2,344        

actual view any additions or fixtures that have been added since   2,345        

the last appraisal.  In conducting the appraisals and              2,346        

establishing the true value, the auditor shall follow the          2,347        

procedures set forth for appraising real property in sections      2,348        

5713.01 and 5713.03 of the Revised Code.                           2,350        

      (4)  The auditor shall place the true value of each home on  2,353        

the manufactured home tax list upon completion of an appraisal.    2,354        

      (5)(a)  If the auditor changes the true value of a home,     2,357        

                                                          56     


                                                                 
the auditor shall notify the owner of the home in writing,                      

delivered by mail or in person.  The notice shall be given at      2,358        

least thirty days prior to the issuance of any tax bill that       2,359        

reflects the change.  Failure to receive the notice does not       2,361        

invalidate any proceeding under this section.                                   

      (b)  Any owner of a home who disagrees with a change to the  2,364        

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  2,365        

complaint AGAINST THE TRUE VALUE OF THE HOME AS APPRAISED UNDER    2,368        

THIS SECTION.  THE COMPLAINT SHALL BE FILED with the county board  2,370        

of revision on or before the thirty-first day of March of the      2,371        

ensuing CURRENT tax year.  The board shall hear and investigate    2,372        

the complaint and may take action on it as provided under          2,373        

sections 5715.11 to 5715.19 of the Revised Code.                   2,374        

      (c)  If the county board of revision determines, pursuant    2,376        

to a complaint against the valuation of a manufactured or mobile   2,377        

home filed under this section, that the amount of taxes,           2,378        

assessments, or other charges paid was in excess of the amount     2,379        

due based on the valuation as finally determined, then the         2,380        

overpayment shall be refunded in the manner prescribed in section  2,382        

5715.22 of the Revised Code.                                                    

      (d)  Payment of all or part of a tax under this section for  2,385        

any year for which a complaint is pending before the county board  2,386        

of revision does not abate the complaint or in any way affect the  2,387        

hearing and determination thereof.                                              

      (M)  If the county auditor determines that any tax,          2,389        

assessment, charge, or any part thereof has been erroneously       2,390        

charged as a result of a clerical error as defined in section      2,391        

319.35 of the Revised Code, the county treasurer and the county    2,393        

board of revision shall remove the erroneous charges on the        2,394        

manufactured home tax list or delinquent manufactured home tax                  

list, and refund any erroneous charges that have been collected,   2,395        

with interest, in the same manner as is prescribed in section      2,396        

319.36 of the Revised Code for erroneous charges against real      2,397        

                                                          57     


                                                                 
property.                                                          2,398        

      (N)  AS USED IN THIS SECTION AND SECTION 4503.061 OF THE     2,400        

REVISED CODE:                                                                   

      (1)  "MANUFACTURED HOME TAXES" INCLUDES TAXES, PENALTIES,    2,402        

AND INTEREST CHARGED UNDER DIVISION (C) OR (G) OF THIS SECTION     2,403        

AND ANY PENALTIES CHARGED UNDER DIVISION (G) OR (H)(5) OF SECTION  2,405        

4503.061 OF THE REVISED CODE.                                                   

      (2)  "CURRENT TAXES" MEANS ALL MANUFACTURED HOME TAXES       2,407        

CHARGED AGAINST A MANUFACTURED OR MOBILE HOME THAT HAVE NOT        2,408        

APPEARED ON THE MANUFACTURED HOME TAX LIST FOR ANY PRIOR YEAR.     2,409        

CURRENT TAXES BECOME DELINQUENT TAXES IF THEY REMAIN UNPAID AFTER  2,410        

THE LAST DAY PRESCRIBED FOR PAYMENT OF THE SECOND INSTALLMENT OF   2,411        

CURRENT TAXES WITHOUT PENALTY, WHETHER OR NOT THEY HAVE BEEN       2,412        

CERTIFIED DELINQUENT.                                              2,413        

      (3)  "DELINQUENT TAXES" MEANS:                               2,415        

      (a)  ANY MANUFACTURED HOME TAXES THAT WERE CHARGED AGAINST   2,417        

A MANUFACTURED OR MOBILE HOME FOR A PRIOR YEAR, INCLUDING ANY      2,418        

PENALTIES OR INTEREST CHARGED FOR A PRIOR YEAR, AND THAT REMAIN    2,419        

UNPAID;                                                                         

      (b)  ANY CURRENT MANUFACTURED HOME TAXES CHARGED AGAINST A   2,421        

MANUFACTURED OR MOBILE HOME THAT REMAIN UNPAID AFTER THE LAST DAY  2,422        

PRESCRIBED FOR PAYMENT OF THE SECOND INSTALLMENT OF CURRENT TAXES  2,423        

WITHOUT PENALTY, WHETHER OR NOT THEY HAVE BEEN CERTIFIED           2,424        

DELINQUENT, INCLUDING ANY PENALTIES OR INTEREST.                   2,425        

      Sec. 4503.061.  (A)  All manufactured and mobile homes       2,434        

shall be listed on either the real property tax list or the        2,435        

manufactured home tax list of the county in which the home has     2,436        

situs.  Each owner shall follow the procedures in this section to  2,437        

identify the home to the county auditor of the county containing   2,438        

the taxing district in which the home has situs so that the        2,439        

auditor may place the home on the appropriate tax list.            2,440        

      (B)  When a manufactured or mobile home first acquires       2,443        

situs in this state and is subject to real property taxation       2,444        

pursuant to division (B)(1) or (2) of section 4503.06 of the       2,445        

                                                          58     


                                                                 
Revised Code, the owner shall present to the auditor of the        2,446        

county containing the taxing district in which the home has its    2,447        

situs the certificate of title for the home, together with proof   2,449        

that all taxes due have been paid and proof that a relocation      2,450        

notice was obtained for the home if required under this section.   2,452        

Upon receiving the certificate of title and the required proofs,                

the auditor shall place the home on the real property tax list     2,454        

and proceed to treat the home as other properties on that list.    2,455        

After the auditor has placed the home on the tax list of real and  2,457        

public utility property, the auditor shall deliver the                          

certificate of title to the clerk of the court of common pleas     2,458        

that issued it pursuant to SECTION 4505.11 of the Revised Code,    2,460        

and the clerk shall inactivate the certificate of title.           2,461        

      (C)(1)  When a manufactured or mobile home subject to a      2,463        

manufactured home tax IS RELOCATED TO OR first acquires situs in   2,464        

any county that has adopted a permanent manufactured home          2,467        

registration system, as provided in division (F) of this section,  2,468        

the owner, within thirty days after the home IS RELOCATED OR       2,469        

FIRST acquires situs under section 4503.06 of the Revised Code,    2,471        

shall register the home with the county auditor of the county      2,472        

containing the taxing district in which the home has its situs.    2,473        

For the first registration in each county of situs, the owner or   2,474        

vendee in possession shall present to the county auditor an Ohio   2,475        

certificate of title, certified copy of the certificate of title,  2,476        

or memorandum certificate of title as such are required by law,    2,477        

and proof, as required by the county auditor, that the home, if    2,478        

it has previously been occupied and is being relocated, has been   2,479        

previously registered, that all taxes due and required to be paid  2,481        

under division (H)(1) of this section before a relocation notice   2,483        

may be issued have been paid, and that a relocation notice was     2,484        

obtained for the home if required by division (H) of this          2,485        

section.  IF THE OWNER OR VENDEE DOES NOT POSSESS THE OHIO         2,486        

CERTIFICATE OF TITLE, CERTIFIED COPY OF THE CERTIFICATE OF TITLE,  2,487        

OR MEMORANDUM CERTIFICATE OF TITLE AT THE TIME THE OWNER OR        2,488        

                                                          59     


                                                                 
VENDEE FIRST REGISTERS THE HOME IN A COUNTY, THE COUNTY AUDITOR    2,489        

SHALL REGISTER THE HOME WITHOUT PRESENTATION OF THE DOCUMENT, BUT  2,490        

THE OWNER OR VENDEE SHALL PRESENT THE CERTIFICATE OF TITLE,        2,491        

CERTIFIED COPY OF THE CERTIFICATE OF TITLE, OR MEMORANDUM          2,492        

CERTIFICATE OF TITLE TO THE COUNTY AUDITOR WITHIN FOURTEEN DAYS    2,493        

AFTER THE OWNER OR VENDEE OBTAINS POSSESSION OF THE DOCUMENT.      2,494        

      (2)  When a manufactured or mobile home is registered for    2,496        

the first time in a county and when the total tax due has been     2,497        

paid as required by division (F) of section 4503.06 of the         2,498        

Revised Code or divisions (E) and (H) of this section, the county  2,500        

treasurer shall note by writing or by a stamp on the certificate   2,501        

of title, certified copy of certificate of title, or memorandum    2,502        

certificate of title that the home has been registered and that    2,503        

the taxes due, if any, have been paid for the preceding five       2,504        

years and for the current year.  The treasurer shall then issue a  2,505        

certificate evidencing registration and a decal to be displayed    2,506        

on the street side of the home.  Such certificate is valid in any  2,508        

county in this state during the year for which it is issued.       2,509        

      (3)  For each year thereafter, the county auditor TREASURER  2,511        

shall issue an advance payment certificate to be presented to the  2,512        

county treasurer with the payment of the A TAX BILL STATING THE    2,513        

AMOUNT OF tax that is due UNDER SECTION 4503.06 OF THE REVISED     2,514        

CODE, AS PROVIDED IN DIVISION (D)(6) OF THAT SECTION.  When the    2,515        

total tax due has been paid as required by division (F) of         2,516        

section 4503.06 of the Revised Code, the county treasurer shall    2,517        

issue a certificate evidencing registration that shall be valid    2,518        

in any county in this state during the year for which the          2,519        

certificate is issued.                                             2,520        

      (4)  The permanent decal issued under this division is       2,522        

valid during the period of ownership, except that when a           2,523        

manufactured home is relocated in another county the owner shall   2,524        

apply for a new registration as required by this section and       2,525        

section 4503.06 of the Revised Code.                               2,526        

      (D)(1)  All owners of manufactured or mobile homes subject   2,528        

                                                          60     


                                                                 
to the manufactured home tax BEING RELOCATED TO OR having situs    2,529        

in a county that has not adopted a permanent registration system,  2,531        

as provided in division (F) of this section, shall register the    2,532        

home within thirty days after the home IS RELOCATED OR FIRST       2,533        

acquires situs under section 4503.06 of the Revised Code and       2,534        

thereafter shall annually register the home with the county        2,535        

auditor of the county containing the taxing district in which the  2,536        

home has its situs.                                                             

      (2)  Upon the annual registration, the county auditor        2,538        

TREASURER shall issue an advance payment certificate, A TAX BILL   2,539        

stating the amount of annual manufactured home tax due, to be      2,541        

presented to the county treasurer with the payment of the tax      2,542        

that is due UNDER SECTION 4503.06 OF THE REVISED CODE, AS          2,543        

PROVIDED IN DIVISION (D)(6) OF THAT SECTION.  When a manufactured  2,544        

or mobile home is registered and when the tax for the current      2,545        

one-half year has been paid as required by division (F) of         2,546        

section 4503.06 of the Revised Code, the county treasurer shall    2,547        

issue a certificate evidencing registration and a decal.  Such     2,548        

certificate and decal are valid in any county in this state        2,549        

during the year for which they are issued.  The decal shall be     2,550        

displayed on the street side of the home.                          2,551        

      (3)  For the first annual registration in each county of     2,553        

situs, the county auditor shall require the owner or vendee to     2,554        

present an Ohio certificate of title, certified copy of the        2,555        

certificate of title, or memorandum certificate of title as such   2,556        

are required by law, and proof, as required by the county          2,557        

auditor, that the manufactured or mobile home has been previously  2,558        

registered, if such registration was required, that all taxes due  2,559        

and required to be paid under division (H)(1) of this section      2,560        

before a relocation notice may be issued have been paid, and that  2,562        

a relocation notice was obtained for the home if required by       2,564        

division (H) of this section.  IF THE OWNER OR VENDEE DOES NOT     2,565        

POSSESS THE OHIO CERTIFICATE OF TITLE, CERTIFIED COPY OF THE       2,566        

CERTIFICATE OF TITLE, OR MEMORANDUM CERTIFICATE OF TITLE AT THE    2,567        

                                                          61     


                                                                 
TIME THE OWNER OR VENDEE FIRST REGISTERS THE HOME IN A COUNTY,     2,568        

THE COUNTY AUDITOR SHALL REGISTER THE HOME WITHOUT PRESENTATION    2,569        

OF THE DOCUMENT, BUT THE OWNER OR VENDEE SHALL PRESENT THE         2,570        

CERTIFICATE OF TITLE, CERTIFIED COPY OF THE CERTIFICATE OF TITLE,  2,571        

OR MEMORANDUM CERTIFICATE OF TITLE TO THE COUNTY AUDITOR WITHIN    2,572        

FOURTEEN DAYS AFTER THE OWNER OR VENDEE OBTAINS POSSESSION OF THE  2,573        

DOCUMENT.  When the county treasurer receives the tax payment,     2,575        

the county treasurer shall note by writing or by a stamp on the    2,576        

certificate of title, certified copy of the certificate of title,               

or memorandum certificate of title that the home has been          2,578        

registered for the current year and that the manufactured home                  

taxes due, if any, have been paid for the preceding five years     2,580        

and for the current year.                                                       

      (4)  For subsequent annual registrations, the auditor may    2,582        

require the owner or vendee in possession to present an Ohio       2,583        

certificate of title, certified copy of the certificate of title,  2,584        

or memorandum certificate of title to the county treasurer upon    2,585        

payment of the manufactured home tax that is due.                  2,586        

      (E)(1)  Upon the application to transfer ownership of a      2,588        

manufactured or mobile home for which manufactured home taxes are  2,589        

paid pursuant to division (C) of section 4503.06 of the Revised    2,590        

Code the clerk of the court of common pleas shall not issue any    2,591        

certificate of title that does not contain or have attached both   2,592        

of the following:                                                               

      (a)  An endorsement of the county auditor TREASURER stating  2,594        

that the home has been registered for each year of ownership and   2,596        

that all manufactured home taxes imposed pursuant to section       2,597        

4503.06 of the Revised Code have been paid OR THAT NO TAX IS DUE;  2,598        

      (b)  An endorsement of the county auditor that the           2,600        

manufactured home transfer tax imposed pursuant to section 322.06  2,602        

of the Revised Code has AND ANY FEES IMPOSED UNDER DIVISION (F)    2,603        

OF SECTION 319.54 OF THE REVISED CODE HAVE been paid.                           

      (2)  If all the taxes have not been paid, the clerk shall    2,606        

notify the vendee to contact the county treasurer of the county    2,607        

                                                          62     


                                                                 
containing the taxing district in which the home has its situs at  2,608        

the time of the proposed transfer.  The county treasurer shall     2,609        

then collect all the taxes that are due for the year of the        2,610        

transfer and all previous years not exceeding a total of five      2,611        

years.  The county treasurer shall distribute that part of the     2,612        

collection owed to the county treasurer of other counties if the   2,614        

home had its situs in another county during a particular year      2,616        

when the unpaid tax became due and payable.  The burden to prove   2,617        

the situs of the home in the years that the taxes were not paid    2,618        

is on the transferor of the home.  UPON PAYMENT OF SUCH TAXES,     2,619        

THE COUNTY AUDITOR SHALL REMOVE ALL REMAINING TAXES FROM THE       2,620        

MANUFACTURED HOME TAX LIST AND THE DELINQUENT MANUFACTURED HOME    2,621        

TAX LIST, AND THE COUNTY TREASURER SHALL RELEASE ALL LIENS FOR     2,622        

SUCH TAXES.  THE CLERK OF COURTS SHALL ISSUE A CERTIFICATE OF      2,623        

TITLE, FREE AND CLEAR OF ALL LIENS FOR MANUFACTURED HOME TAXES,    2,624        

TO THE TRANSFEREE OF THE HOME.                                                  

      (3)  Once the transfer is complete and the certificate of    2,626        

title has been issued, the transferee shall register the           2,627        

manufactured or mobile home PURSUANT TO DIVISION (C) OR (D) OF     2,628        

THIS SECTION with the county auditor of the county containing the  2,629        

taxing district in which the home has its situs at the time of     2,631        

REMAINS AFTER the transfer OR, IF THE HOME IS RELOCATED TO         2,632        

ANOTHER COUNTY, WITH THE COUNTY AUDITOR OF THE COUNTY TO WHICH     2,633        

THE HOME IS RELOCATED.  The transferee need not pay the annual     2,634        

tax for the year of acquisition if the original owner has already  2,635        

paid the annual tax for that year.                                 2,636        

      (F)  The county auditor may adopt a permanent registration   2,638        

system and issue a permanent decal with the first registration as  2,639        

prescribed by the tax commissioner.                                2,640        

      (G)  When any manufactured or mobile home required to be     2,642        

registered by this section is not registered, the county auditor   2,643        

shall impose a penalty of one hundred dollars upon the owner and   2,645        

deposit the amount to the credit of the county real estate         2,646        

assessment fund to be used to pay the costs of administering this  2,647        

                                                          63     


                                                                 
section and section 4503.06 of the Revised Code.  If unpaid, the   2,648        

penalty shall constitute a lien on the home and shall be added by  2,649        

the county auditor to the manufactured home tax list for                        

collection.                                                        2,650        

      (H)(1)  Before moving a manufactured or mobile home on       2,652        

public roads from one address to another address within this       2,653        

state TO ANOTHER ADDRESS WITHIN OR OUTSIDE THIS STATE, the owner   2,654        

of the home shall obtain a relocation notice, as provided by this  2,656        

section, from the auditor of the county in which the home is                    

located if the home is currently subject to taxation pursuant to   2,657        

section 4503.06 of the Revised Code.  The auditor shall charge     2,658        

five dollars for the notice, and deposit the amount to the credit  2,659        

of the county real estate assessment fund to be used to pay the    2,660        

costs of administering this section and section 4503.06 of the     2,661        

Revised Code.  The auditor shall not issue a relocation notice                  

unless all taxes owed on the home under section 4503.06 of the     2,662        

Revised Code that were first charged to the home during the        2,664        

period of ownership of the owner seeking the relocation notice     2,665        

have been paid.  If the home is being moved by a new owner of the  2,666        

home or by a party taking repossession of the home, the auditor    2,667        

shall not issue a relocation notice unless all of the taxes due    2,668        

for the preceding five years and for the current year have been    2,669        

paid.  A RELOCATION NOTICE ISSUED BY A COUNTY AUDITOR IS VALID     2,670        

UNTIL THE LAST DAY OF DECEMBER OF THE YEAR IN WHICH IT WAS         2,671        

ISSUED.                                                                         

      (2)  If a manufactured or mobile home is not yet subject to  2,673        

taxation under section 4503.06 of the Revised Code, the owner of   2,675        

the home shall obtain a relocation notice from the dealer of the   2,676        

home.  Within thirty days after the manufactured or mobile home    2,677        

is purchased, the dealer of the home shall provide the auditor of  2,678        

the county in which the home is to be located written notice of    2,679        

the name of the purchaser of the home, the registration number OR  2,680        

VEHICLE IDENTIFICATION NUMBER of the home, and the address or      2,681        

location to which the home is to be moved.  The county auditor     2,682        

                                                          64     


                                                                 
shall provide to each manufactured and mobile home dealer,         2,683        

without charge, a supply of relocation notices to be distributed   2,684        

to purchasers pursuant to this section.                            2,685        

      (3)  The notice shall be in the form of a one-foot square    2,688        

yellow sign with the words "manufactured home relocation notice"                

printed prominently on it.  The name of the owner of the home,     2,690        

the home's registration number OR VEHICLE IDENTIFICATION NUMBER,                

the county and the address or location to which the home is being  2,692        

moved, and the county in which the notice is issued shall also be  2,693        

entered on the notice.                                                          

      (4)  The relocation notice must be attached to the rear of   2,695        

the home when the home is being moved on a public road.  Except    2,696        

as provided in division (H)(5) of this section, no person shall    2,698        

drive a motor vehicle moving a manufactured or mobile home on a    2,699        

public road from one address to another address within this state  2,700        

unless a relocation notice is attached to the rear of the home.    2,701        

      (5)  If the county auditor determines that a manufactured    2,704        

or mobile home has been moved without a relocation notice as                    

required under this division, the auditor shall impose a penalty   2,706        

of one hundred dollars upon the owner of the home and upon the     2,707        

person who moved the home and deposit the amount to the credit of               

the county real estate assessment fund to pay the costs of         2,708        

administering this section and section 4503.06 of the Revised      2,709        

Code.  IF THE HOME WAS RELOCATED FROM ONE COUNTY IN THIS STATE TO  2,710        

ANOTHER COUNTY IN THIS STATE AND THE COUNTY AUDITOR OF THE COUNTY  2,711        

TO WHICH THE HOME WAS RELOCATED IMPOSES THE PENALTY, THAT COUNTY   2,712        

AUDITOR, UPON COLLECTION THEREOF, SHALL CAUSE AN AMOUNT EQUAL TO   2,714        

THE PENALTY TO BE TRANSMITTED FROM THE COUNTY REAL ESTATE          2,715        

ASSESSMENT FUND TO THE COUNTY AUDITOR OF THE COUNTY FROM WHICH     2,716        

THE HOME WAS RELOCATED, WHO SHALL DEPOSIT THE AMOUNT TO THE        2,717        

CREDIT OF THE COUNTY REAL ESTATE ASSESSMENT FUND.  If the penalty  2,718        

on the owner is unpaid, the penalty shall constitute a lien on                  

the home and the auditor shall add the penalty to the              2,720        

manufactured home tax list for collection.  If the county auditor  2,721        

                                                          65     


                                                                 
determines that a dealer that has sold a manufactured or mobile    2,722        

home has failed to timely provide the information required under   2,723        

this division, the auditor shall impose a penalty upon the dealer  2,724        

in the amount of one hundred dollars.  The penalty shall be        2,725        

credited to the county real estate assessment fund and used to     2,726        

pay the costs of administering this section and section 4503.06    2,727        

of the Revised Code.                                               2,728        

      Sec. 4503.063.  The county auditor and county treasurer may  2,737        

appoint any suitable residents of the county as their deputies to  2,738        

perform any of the duties required of them by sections 4503.06,    2,739        

4503.061, and 4503.062 of the Revised Code.                        2,740        

      The tax commissioner shall prescribe forms which shall       2,742        

contain all relevant information necessary in the collection and   2,743        

payment of the tax and the registration of manufactured and        2,744        

mobile homes, as provided in sections 4503.06 and 4503.061 of the  2,745        

Revised Code, and shall provide such other assistance as           2,746        

necessary to enable the county auditor to administer the tax.      2,747        

      The tax commissioner, upon application of the county         2,749        

auditor PURSUANT TO DIVISION (D)(3) OF SECTION 4503.06 OF THE      2,750        

REVISED CODE, may extend the time for payment of the tax.          2,751        

      Sec. 4503.067.  (A)  At the same time the advance payment    2,760        

certificate TAX BILL for the first half of the tax year is         2,761        

issued, the county auditor shall issue a certificate of reduction  2,762        

in assessable value of a manufactured or mobile home in            2,763        

triplicate for each person who has complied with section 4503.066  2,764        

of the Revised Code and been found by the auditor to be entitled   2,765        

to a reduction of assessable value for the succeeding tax year.    2,766        

The certificate shall set forth the assessable value of the home   2,767        

calculated under section 4503.06 of the Revised Code and the       2,768        

amount of the reduction in assessable value of the home            2,770        

calculated under section 4503.065 of the Revised Code.  Upon                    

issuance of the certificate, the auditor shall reduce the          2,771        

assessable value of the home for the succeeding tax year by the    2,773        

required amount and forward THE ORIGINAL AND one copy of the       2,774        

                                                          66     


                                                                 
certificate to the county treasurer.  THE AUDITOR SHALL RETAIN     2,775        

ONE COPY OF THE CERTIFICATE.  The auditor TREASURER shall retain   2,776        

the original CERTIFICATE and forward the remaining copy to the     2,777        

recipient with the advance payment certificate submitted TAX BILL  2,779        

DELIVERED pursuant to DIVISION (D)(6) OF section 4503.061 4503.06  2,781        

of the Revised Code.                                                            

      (B)  If the application or a continuing application is not   2,783        

approved, the auditor shall notify the applicant of the reasons    2,784        

for denial no later than the first Monday in October.  If a        2,785        

person believes that the person's application for reduction in     2,786        

assessable value of a home has been improperly denied or is for    2,787        

less than that to which the person is entitled, the person may     2,789        

file an appeal with the county board of revision no later than     2,790        

the thirty-first day of January of the following calendar year.    2,791        

The appeal shall be treated in the same manner as a complaint      2,792        

relating to the valuation or assessment of real property under     2,793        

Chapter 5715. of the Revised Code.                                 2,794        

      Sec. 4505.06.  (A)  Application for a certificate of title   2,803        

shall be made in a form prescribed by the registrar of motor       2,804        

vehicles, and shall be sworn to before a notary public or other    2,805        

officer empowered to administer oaths.  The application shall be   2,806        

filed with the clerk of the court of common pleas of the county    2,807        

in which the applicant resides if the applicant is a resident of   2,808        

this state or, if not a resident, in the county in which the       2,809        

transaction is consummated.  An application for a certificate of   2,811        

title may be filed electronically by electronic image              2,812        

transmission in any county in which the clerk of the court of      2,813        

common pleas permits an application to be filed electronically.    2,814        

The signature of an officer empowered to administer oaths that     2,815        

appears on an application for a certificate of title, or on any    2,816        

other document required to be filed by this chapter that has been  2,817        

filed electronically, is not a facsimile signature as defined in   2,818        

section 9.10 of the Revised Code.  Any payments required by this   2,820        

chapter shall be considered as accompanying any electronically     2,821        

                                                          67     


                                                                 
transmitted application when payment actually is received by the   2,822        

clerk.  Payment of any fee or taxes may be made by electronic      2,823        

transfer of funds.                                                              

      The application for a certificate of title shall be          2,825        

accompanied by the fee prescribed in section 4505.09 of the        2,826        

Revised Code; and if a certificate of title previously has been    2,827        

issued for the motor vehicle in this state, it shall be            2,828        

accompanied by that certificate of title duly assigned, unless     2,829        

otherwise provided in this chapter.  If a certificate of title     2,830        

previously has not been issued for the motor vehicle in this       2,831        

state, the application, unless otherwise provided in this          2,832        

chapter, shall be accompanied by a manufacturer's or importer's    2,833        

certificate or by a certificate of title of another state from     2,835        

which the motor vehicle was brought into this state.  If the                    

application refers to a motor vehicle last previously registered   2,836        

in another state, the application also shall be accompanied by     2,837        

the physical inspection certificate required by section 4505.061   2,838        

of the Revised Code.  If the application is made by two persons    2,839        

regarding a motor vehicle in which they wish to establish joint    2,840        

ownership with right of survivorship they may do so as provided    2,841        

in section 2106.17 of the Revised Code.  The clerk shall retain    2,842        

the evidence of title presented by the applicant and on which the  2,843        

certificate of title is issued.  The clerk shall use reasonable    2,844        

diligence in ascertaining whether or not the facts in the          2,845        

application are true by checking the application and documents     2,846        

accompanying it with the records of motor vehicles in the clerk's  2,847        

office; if satisfied that the applicant is the owner of the motor  2,848        

vehicle and that the application is in the proper form, the        2,849        

clerk, within five business days after the application is filed,   2,850        

shall issue a certificate of title over the clerk's signature and  2,851        

sealed with the clerk's seal.  For purposes of the transfer of a   2,852        

certificate of title, if the clerk is satisfied that the secured   2,853        

party has duly discharged a lien notation, but has not canceled    2,854        

the lien notation with the clerk of the county of origin, the      2,855        

                                                          68     


                                                                 
clerk may cancel the lien notation on the automated title          2,856        

processing system and notify the clerk of the county of origin.    2,857        

      In the case of the sale of a motor vehicle to a general      2,859        

buyer or user by a dealer, by a motor vehicle leasing dealer       2,860        

selling the motor vehicle to the lessee or, in a case in which     2,861        

the leasing dealer subleased the motor vehicle, the sublessee, at  2,862        

the end of the lease agreement or sublease agreement, or by a      2,863        

manufactured home broker, the certificate of title shall be        2,864        

obtained in the name of the buyer by the dealer, leasing dealer,   2,866        

or the manufactured home broker, as the case may be, upon          2,867        

application signed by the buyer.  The certificate of title shall   2,868        

be issued within five business days after the application for      2,869        

title is filed with the clerk.  If the buyer of the motor vehicle  2,870        

previously leased the motor vehicle and is buying the motor        2,872        

vehicle at the end of the lease pursuant to that lease, the        2,873        

certificate of title shall be obtained in the name of the buyer                 

by the motor vehicle leasing dealer who previously leased the      2,874        

motor vehicle to the buyer or by the motor vehicle leasing dealer  2,875        

who subleased the motor vehicle to the buyer under a sublease      2,876        

agreement.                                                                      

      In all other cases, except as provided in division (D)(2)    2,878        

of section 4505.11 of the Revised Code, such certificates shall    2,879        

be obtained by the buyer.  In all cases of transfer of a motor     2,881        

vehicle, the application for certificate of title shall be filed   2,882        

within thirty days after the assignment or delivery of the motor   2,883        

vehicle.  If an application for a certificate of title is not      2,884        

filed within that period, the clerk shall collect a fee of five    2,885        

dollars for the issuance of the certificate, except that no such   2,886        

fee shall be required from a motor vehicle salvage dealer, as      2,887        

defined in division (A) of section 4738.01 of the Revised Code,    2,888        

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      2,889        

established by this chapter, and shall be retained by the clerk.   2,890        

The registrar shall provide, on the certificate of title form      2,891        

                                                          69     


                                                                 
prescribed by section 4505.07 of the Revised Code, language        2,892        

necessary to give evidence of the date on which the assignment or  2,893        

delivery of the motor vehicle was made.                            2,894        

      As used in this division, "lease agreement," "lessee," and   2,896        

"sublease agreement" have the same meanings as in section 4505.04  2,897        

of the Revised Code.                                                            

      (B)  The clerk, except as provided in this section, shall    2,899        

refuse to accept for filing any application for a certificate of   2,900        

title and shall refuse to issue a certificate of title unless the  2,901        

dealer or manufactured home broker or the applicant, in cases in   2,902        

which the certificate shall be obtained by the buyer, submits      2,903        

with the application payment of the tax levied by or pursuant to   2,904        

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     2,905        

the tax in accordance with division (E) of this section, the       2,906        

clerk shall issue a receipt prescribed by the registrar and        2,907        

agreed upon by the tax commissioner showing payment of the tax or  2,908        

a receipt issued by the commissioner showing the payment of the    2,909        

tax.  When submitting payment of the tax to the clerk, a dealer    2,910        

shall retain any discount to which the dealer is entitled under    2,911        

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   2,913        

the clerk may retain a poundage fee of one and one one-hundredth   2,914        

per cent, which shall be paid into the certificate of title        2,915        

administration fund created by section 325.33 of the Revised       2,917        

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    2,919        

in section 4517.01 of the Revised Code, the price for the purpose  2,921        

of determining the tax shall be the purchase price on the          2,922        

assigned certificate of title executed by the seller and filed     2,923        

with the clerk by the buyer on a form to be prescribed by the      2,924        

registrar, which shall be prima-facie evidence of the amount for   2,925        

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    2,927        

title that the odometer reflects mileage in excess of the          2,928        

                                                          70     


                                                                 
designed mechanical limit of the odometer, the clerk shall enter   2,929        

the phrase "exceeds mechanical limits" following the mileage       2,930        

designation.  If the transferor indicates on the certificate of    2,931        

title that the odometer reading is not the actual mileage, the     2,932        

clerk shall enter the phrase "nonactual: warning - odometer        2,934        

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    2,936        

the transferor, but is not liable for any errors or omissions of   2,937        

the clerk or those of the clerk's deputies in the performance of   2,938        

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      2,940        

transferor shall swear to the true selling price and, except as    2,941        

provided in this division, the true odometer reading of the motor  2,942        

vehicle.  The registrar may prescribe an affidavit in which the    2,943        

seller and buyer provide information pertaining to the odometer    2,944        

reading of the motor vehicle in addition to that required by this  2,945        

section, as such information may be required by the United States  2,946        

secretary of transportation by rule prescribed under authority of  2,947        

subchapter IV of the "Motor Vehicle Information and Cost Savings   2,948        

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         2,949        

      (2)  Division (C)(1) of this section does not require the    2,952        

giving of information concerning the odometer and odometer         2,953        

reading of a motor vehicle when ownership of a motor vehicle is    2,954        

being transferred as a result of a bequest, under the laws of      2,955        

intestate succession, to a surviving spouse pursuant to section    2,956        

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            2,957        

connection with the creation of a security interest.               2,958        

      (D)  When the transfer to the applicant was made in some     2,960        

other state or in interstate commerce, the clerk, except as        2,961        

provided in this section, shall refuse to issue any certificate    2,962        

of title unless the tax imposed by or pursuant to Chapter 5741.    2,964        

of the Revised Code has been paid as evidenced by a receipt        2,965        

issued by the tax commissioner, or unless the applicant submits    2,966        

with the application payment of the tax.  Upon payment of the tax  2,967        

                                                          71     


                                                                 
in accordance with division (E) of this section, the clerk shall   2,968        

issue a receipt prescribed by the registrar and agreed upon by     2,970        

the tax commissioner, showing payment of the tax.  For receiving   2,971        

and disbursing such taxes paid to the clerk, the clerk may retain  2,972        

a poundage fee of one per cent.  When the vendor is not regularly  2,973        

engaged in the business of selling motor vehicles, the vendor      2,975        

shall not be required to purchase a vendor's license or make       2,976        

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    2,978        

or by certified check, draft, or money order payable to the clerk  2,979        

and submitted with an application for a certificate of title       2,981        

under division (B) or (D) of this section.  The clerk also may     2,982        

accept payment of the tax by corporate, business, or personal      2,983        

check, credit card, electronic transfer or wire transfer, debit    2,984        

card, or any other accepted form of payment made payable to the    2,985        

clerk.  The clerk may require bonds, guarantees, or letters of     2,986        

credit to ensure the collection of corporate, business, or         2,987        

personal checks.  Any service fee charged by a third party to a    2,988        

clerk for the use of any form of payment may be paid by the clerk  2,989        

from the certificate of title administration fund created in       2,990        

section 325.33 of the Revised Code, or may be assessed by the      2,991        

clerk upon the applicant as an additional fee.  Upon collection,   2,992        

the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          2,993        

      The clerk shall make a good faith effort to collect any      2,995        

payment of taxes due but not made because the payment was          2,996        

returned or dishonored, but the clerk is not personally liable     2,997        

for the payment of uncollected taxes or uncollected fees.  The     2,998        

clerk shall notify the tax commissioner of any such payment of     2,999        

taxes that is due but not made and shall furnish such information  3,000        

to the commissioner as the commissioner requires.  The clerk       3,001        

shall deduct the amount of taxes due but not paid from the         3,002        

clerk's periodic remittance of tax payments, in accordance with                 

procedures agreed upon by the tax commissioner.  The commissioner  3,003        

                                                          72     


                                                                 
may collect taxes due by assessment in the manner provided in      3,004        

section 5739.13 of the Revised Code.                                            

      Any person who presents payment that is returned or          3,006        

dishonored for any reason is liable to the clerk for payment of a  3,007        

penalty over and above the amount of the taxes due.  The clerk     3,008        

shall determine the amount of the penalty, which shall be no       3,009        

greater than that amount necessary to compensate the clerk for     3,010        

banking charges, legal fees, or other expenses incurred by the                  

clerk in collecting the returned or dishonored payment.  The       3,011        

remedies and procedures provided in this section are in addition   3,012        

to any other available civil or criminal remedies.  Subsequently   3,013        

collected penalties, poundage, and title fees, less any title fee  3,015        

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              3,016        

administration fund.  Subsequently collected taxes, less           3,017        

poundage, shall be sent by the clerk to the treasurer of state at  3,018        

the next scheduled periodic remittance of tax payments, with such  3,019        

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       3,020        

      (F)  In the following cases, the clerk shall accept for      3,022        

filing such application and shall issue a certificate of title     3,023        

without requiring payment or evidence of payment of the tax:       3,024        

      (1)  When the purchaser is this state or any of its          3,026        

political subdivisions, a church, or an organization whose         3,027        

purchases are exempted by section 5739.02 of the Revised Code;     3,028        

      (2)  When the transaction in this state is not a retail      3,030        

sale as defined by section 5739.01 of the Revised Code;            3,031        

      (3)  When the purchase is outside this state or in           3,033        

interstate commerce and the purpose of the purchaser is not to     3,034        

use, store, or consume within the meaning of section 5741.01 of    3,035        

the Revised Code;                                                  3,036        

      (4)  When the purchaser is the federal government;           3,038        

      (5)  When the motor vehicle was purchased outside this       3,040        

state for use outside this state;                                  3,041        

                                                          73     


                                                                 
      (6)  When the motor vehicle is purchased by a nonresident    3,043        

of this state for immediate removal from this state, and will be   3,044        

permanently titled and registered in another state, as provided    3,045        

by division (B)(23) of section 5739.02 of the Revised Code, and    3,046        

upon presentation of a copy of the affidavit provided by that      3,047        

section, and a copy of the exemption certificate provided by       3,048        

section 5739.03 of the Revised Code.                               3,049        

      The clerk shall forward all payments of taxes, less          3,051        

poundage fee, to the treasurer of state in a manner to be          3,052        

prescribed by the tax commissioner and shall furnish such          3,053        

information to the commissioner as the commissioner requires.      3,054        

      (G)  An application, as prescribed by the registrar and      3,057        

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          3,058        

application shall contain the following notice in bold lettering:  3,059        

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     3,060        

are required by law to state the true selling price.  A false      3,061        

statement is in violation of section 2921.13 of the Revised Code   3,063        

and is punishable by six months' imprisonment or a fine of up to   3,064        

one thousand dollars, or both.  All transfers are audited by the   3,065        

department of taxation.  The seller and buyer must provide any     3,066        

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               3,067        

      (H)  For sales of manufactured homes or mobile homes         3,069        

occurring on or after January 1, 2000, the clerk shall accept for  3,070        

filing, pursuant to Chapter 5739. of the Revised Code, an          3,072        

application for a certificate of title for a manufactured home or  3,073        

mobile home without requiring payment of any tax pursuant to       3,074        

section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised    3,076        

Code, or a receipt issued by the tax commissioner showing payment  3,077        

of the tax.  For sales of manufactured homes or mobile homes       3,078        

occurring on or after January 1, 2000, the applicant shall pay to  3,079        

the clerk a AN ADDITIONAL fee of five dollars for each             3,081        

certificate of title issued by the clerk for a manufactured or     3,082        

                                                          74     


                                                                 
mobile home PURSUANT TO DIVISION (H) OF SECTION 4505.11 OF THE     3,083        

REVISED CODE AND FOR EACH CERTIFICATE OF TITLE ISSUED UPON         3,084        

TRANSFER OF OWNERSHIP OF THE HOME.  The clerk shall credit the     3,085        

fee to the county title administration fund, and the fee shall be  3,086        

used to pay the expenses of archiving such certificates pursuant   3,087        

to division (A) of section 4505.08 and division (H)(3) of section  3,089        

4505.11 of the Revised Code.  The tax commissioner shall           3,091        

administer any tax on a manufactured or mobile home pursuant to    3,092        

Chapters 5739. and 5741. of the Revised Code.                      3,093        

      Sec. 4505.11.  (A)  Each owner of a motor vehicle and each   3,102        

person mentioned as owner in the last certificate of title, when   3,103        

the motor vehicle is dismantled, destroyed, or changed in such     3,104        

manner that it loses its character as a motor vehicle, or changed  3,105        

in such manner that it is not the motor vehicle described in the   3,106        

certificate of title, shall surrender the certificate of title to  3,108        

that motor vehicle to the clerk of the court of common pleas who                

issued it, and thereupon the clerk, with the consent of any        3,110        

holders of any liens noted thereon, shall enter a cancellation     3,111        

upon the clerk's records and shall notify the registrar of motor   3,112        

vehicles of the cancellation.                                                   

      Upon the cancellation of a certificate of title in the       3,114        

manner prescribed by this section, the clerk and the registrar of  3,116        

motor vehicles may cancel and destroy all certificates and all     3,117        

memorandum certificates in that chain of title.                    3,118        

      (B)  Where an Ohio certificate of title or salvage           3,120        

certificate of title to a motor vehicle is assigned to a salvage   3,121        

dealer, the dealer is not required to obtain an Ohio certificate   3,123        

of title or a salvage certificate of title to the motor vehicle    3,124        

in the dealer's own name if the dealer dismantles or destroys the  3,125        

motor vehicle, indicates the number of the dealer's motor vehicle  3,126        

salvage dealer's license thereon, marks "FOR DESTRUCTION" across   3,128        

the face of the certificate of title or salvage certificate of     3,129        

title, and surrenders the certificate of title or salvage          3,130        

certificate of title to the clerk of the court of common pleas as  3,131        

                                                          75     


                                                                 
provided in division (A) of this section.  If the salvage dealer   3,132        

retains the motor vehicle for resale, the dealer shall make        3,133        

application for a salvage certificate of title to the motor                     

vehicle in the dealer's own name as provided in division (C)(1)    3,134        

of this section.                                                   3,135        

      (C)(1)  When an insurance company declares it economically   3,137        

impractical to repair such a motor vehicle and has paid an agreed  3,138        

price for the purchase of the motor vehicle to any insured or      3,139        

claimant owner, the insurance company shall receive the            3,140        

certificate of title and the motor vehicle and proceed as          3,141        

follows.  Within thirty days the insurance company shall deliver   3,142        

the certificate of title to the clerk of the court of common       3,143        

pleas and shall make application for a salvage certificate of      3,144        

title.  The clerk shall issue the salvage certificate of title on  3,145        

a form, prescribed by the registrar, that shall be easily          3,147        

distinguishable from the original certificate of title and shall   3,148        

bear the same number and information as the original certificate   3,149        

of title.  Except as provided in division (C)(2) of this section,  3,150        

the salvage certificate of title shall be assigned by the          3,151        

insurance company to a salvage dealer or any other person for use  3,152        

as evidence of ownership upon the sale or other disposition of     3,153        

the motor vehicle, and the salvage certificate of title shall be   3,154        

transferrable to any other person.  The clerk shall charge a fee   3,155        

of four dollars for the cost of processing each salvage            3,156        

certificate of title.                                              3,157        

      (2)  If an insurance company considers a motor vehicle as    3,159        

described in division (C)(1) of this section to be impossible to   3,160        

restore for highway operation, the insurance company may assign    3,161        

the certificate of title to the motor vehicle to a salvage dealer  3,162        

or scrap metal processing facility and send the assigned           3,163        

certificate of title to the clerk of the court of common pleas of  3,164        

the county in which the salvage dealer or scrap metal processing   3,165        

facility is located.  The insurance company shall mark the face    3,166        

of the certificate of title "FOR DESTRUCTION" and shall deliver a  3,167        

                                                          76     


                                                                 
photocopy of the certificate of title to the salvage dealer or     3,168        

scrap metal processing facility for its records.                   3,169        

      (3)  If an insurance company declares it economically        3,171        

impractical to repair a motor vehicle, agrees to pay to the        3,172        

insured or claimant owner an amount in settlement of a claim       3,173        

against a policy of motor vehicle insurance covering the motor     3,174        

vehicle, and agrees to permit the insured or claimant owner to     3,175        

retain possession of the motor vehicle, the insurance company      3,176        

shall not pay the insured or claimant owner any amount in          3,177        

settlement of the insurance claim until the owner obtains a        3,178        

salvage certificate of title to the vehicle and furnishes a copy   3,179        

of the salvage certificate of title to the insurance company.      3,180        

      (D)  When a self-insured organization, rental or leasing     3,182        

company, or secured creditor becomes the owner of a motor vehicle  3,183        

that is burned, damaged, or dismantled and is determined to be     3,184        

economically impractical to repair, the self-insured               3,185        

organization, rental or leasing company, or secured creditor       3,186        

shall do one of the following:                                     3,187        

      (1)  Mark the face of the certificate of title to the motor  3,189        

vehicle "FOR DESTRUCTION" and surrender the certificate of title   3,190        

to the clerk of the court of common pleas for cancellation as      3,191        

described in division (A) of this section.  The self-insured       3,192        

organization, rental or leasing company, or secured creditor       3,193        

thereupon shall deliver the motor vehicle, together with a         3,194        

photocopy of the certificate of title, to a salvage dealer or      3,195        

scrap metal processing facility and shall cause the motor vehicle  3,196        

to be dismantled, flattened, crushed, or destroyed.                3,197        

      (2)  Obtain a salvage certificate of title to the motor      3,199        

vehicle in the name of the self-insured organization, rental or    3,200        

leasing company, or secured creditor, as provided in division      3,201        

(C)(1) of this section, and then sell or otherwise dispose of the  3,202        

motor vehicle.  If the motor vehicle is sold, the self-insured     3,203        

organization, rental or leasing company, or secured creditor       3,204        

shall obtain a salvage certificate of title to the motor vehicle   3,205        

                                                          77     


                                                                 
in the name of the purchaser from the clerk of the court of        3,206        

common pleas of the county in which the purchaser resides.         3,207        

      (E)  If a motor vehicle titled with a salvage certificate    3,209        

of title is restored for operation upon the highways, application  3,210        

shall be made to the clerk of the court of common pleas for a      3,211        

certificate of title.  Upon inspection by the state highway        3,212        

patrol, which shall include establishing proof of ownership and    3,213        

an inspection of the motor number and vehicle identification       3,214        

number of the motor vehicle and of documentation or receipts for   3,215        

the materials used in restoration by the owner of the motor        3,216        

vehicle being inspected, which documentation or receipts shall be  3,217        

presented at the time of inspection, the clerk, upon surrender of  3,218        

the salvage certificate of title, shall issue a certificate of     3,219        

title for a fee prescribed by the registrar.  The certificate of   3,220        

title shall be in the same form as the original certificate of     3,221        

title, shall bear the same number as the salvage certificate of    3,222        

title and the original certificate of title, and shall bear the    3,223        

words "REBUILT SALVAGE" in black boldface letters on its face.     3,224        

Every subsequent certificate of title, memorandum certificate of   3,225        

title, or duplicate certificate of title issued for the motor      3,226        

vehicle also shall bear the words "REBUILT SALVAGE" in black       3,228        

boldface letters on its face.  The exact location on the face of   3,229        

the certificate of title of the words "REBUILT SALVAGE" shall be   3,230        

determined by the registrar, who shall develop an automated        3,231        

procedure within the automated title processing system to comply   3,232        

with this division.  The clerk shall use reasonable care in        3,233        

performing the duties imposed on the clerk by this division in     3,234        

issuing a certificate of title pursuant to this division, but the  3,236        

clerk is not liable for any of the clerk's errors or omissions or  3,237        

those of the clerk's deputies, or the automated title processing   3,239        

system in the performance of those duties.  A fee of forty                      

dollars in fiscal year 1998 and fifty dollars in fiscal year 1999  3,241        

and thereafter shall be assessed by the state highway patrol for   3,242        

each inspection made pursuant to this division and shall be        3,243        

                                                          78     


                                                                 
deposited into the state highway safety fund established by        3,244        

section 4501.06 of the Revised Code.                                            

      (F)  No person shall operate upon the highways in this       3,246        

state a motor vehicle, title to which is evidenced by a salvage    3,247        

certificate of title, except to deliver the motor vehicle          3,248        

pursuant to an appointment for an inspection under this section.   3,249        

      (G)  No motor vehicle the certificate of title to which has  3,251        

been marked "FOR DESTRUCTION" and surrendered to the clerk of the  3,252        

court of common pleas shall be used for anything except parts and  3,253        

scrap metal.                                                       3,254        

      (H)(1)  Except as otherwise provided in this division, an    3,257        

owner of a manufactured or mobile home that will be taxed as real  3,258        

property pursuant to division (B) of section 4503.06 of the        3,259        

Revised Code, shall surrender the certificate of title to the      3,261        

auditor of the county containing the taxing district in which the  3,262        

home is located.  An owner whose home qualifies for real property  3,263        

taxation under division DIVISIONS (B)(1)(a) and (b) of section     3,265        

4503.06 of the Revised Code shall surrender the certificate        3,267        

within fifteen days after the home meets the conditions specified  3,268        

in that division THOSE DIVISIONS.  The auditor shall deliver the   3,269        

certificate of title to the clerk of the court of common pleas     3,271        

that WHO issued it.                                                             

      (2)  If the certificate of title for a manufactured or       3,273        

mobile home that is to be taxed as real property is held by a      3,274        

lienholder, the lienholder shall surrender the certificate of      3,276        

title to the auditor of the county containing the taxing district  3,277        

in which the home is located, and the auditor shall deliver the    3,278        

certificate of title to THE clerk the of the court of common       3,279        

pleas that WHO issued it.  The lienholder shall surrender the      3,280        

certificate within thirty days after both of the following have    3,281        

occurred:                                                          3,282        

      (a)  The homeowner has provided written notice to the        3,285        

lienholder requesting that the certificate of title be                          

surrendered to the auditor of the county containing the taxing     3,287        

                                                          79     


                                                                 
district in which the home is located;                             3,288        

      (b)  The homeowner has either paid the lienholder the        3,291        

remaining balance owed to the lienholder, or, with the                          

lienholder's consent, executed and delivered to the lienholder a   3,293        

mortgage on the home and land on which the home is sited in the    3,294        

amount of the remaining balance owed to the lienholder.            3,295        

      (3)  Upon the delivery of a certificate of title by the      3,297        

county auditor to the clerk of the court, the clerk of the court   3,299        

shall inactivate it and retain it for a period of thirty years.    3,300        

      (4)  UPON APPLICATION BY THE OWNER OF A MANUFACTURED OR      3,302        

MOBILE HOME THAT IS TAXED AS REAL PROPERTY PURSUANT TO DIVISION    3,303        

(B) OF SECTION 4503.06 OF THE REVISED CODE AND THAT NO LONGER      3,304        

SATISFIES DIVISIONS (B)(1)(a) AND (b) OR DIVISIONS (B)(2)(a) AND   3,306        

(b) OF THAT SECTION, THE CLERK OF COURT SHALL REACTIVATE THE       3,308        

RECORD OF THE CERTIFICATE OF TITLE THAT WAS INACTIVATED UNDER                   

DIVISION (H)(3) OF THIS SECTION AND SHALL ISSUE A NEW CERTIFICATE  3,310        

OF TITLE, BUT ONLY IF THE APPLICATION CONTAINS OR HAS ATTACHED TO               

IT ALL OF THE FOLLOWING:                                           3,311        

      (a)  AN ENDORSEMENT OF THE COUNTY TREASURER THAT ALL REAL    3,313        

PROPERTY TAXES CHARGED AGAINST THE HOME UNDER TITLE LVII OF THE    3,314        

REVISED CODE AND DIVISION (B) OF SECTION 4503.06 OF THE REVISED    3,315        

CODE FOR ALL PRECEDING TAX YEARS HAVE BEEN PAID;                   3,316        

      (b)  AN ENDORSEMENT OF THE COUNTY AUDITOR THAT THE HOME      3,318        

WILL BE REMOVED FROM THE REAL PROPERTY TAX LIST;                   3,319        

      (c)  PROOF THAT THERE ARE NO OUTSTANDING MORTGAGES OR OTHER  3,321        

LIENS ON THE HOME OR, IF THERE ARE SUCH MORTGAGES OR OTHER LIENS,  3,322        

THAT THE MORTGAGEE OR LIENHOLDER HAS CONSENTED TO THE              3,323        

REACTIVATION OF THE CERTIFICATE OF TITLE.                          3,324        

      Sec. 4513.01.  The definitions set forth in NOTWITHSTANDING  3,333        

section 4511.01 of the Revised Code apply to sections 4513.01 to   3,336        

4513.37, inclusive, of the Revised Code "MOTOR VEHICLE" INCLUDES   3,337        

MANUFACTURED HOMES AND MOBILE HOMES FOR THE PURPOSES OF SECTIONS   3,338        

4513.60 TO 4513.65 OF THE REVISED CODE.                                         

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     3,347        

                                                          80     


                                                                 
the Revised Code:                                                  3,348        

      (A)  "Persons" includes individuals, firms, partnerships,    3,350        

associations, joint stock companies, corporations, and any         3,351        

combinations of individuals.                                       3,352        

      (B)  "Motor vehicle" means motor vehicle as defined in       3,354        

section 4501.01 of the Revised Code and also includes              3,355        

"all-purpose vehicle" and "off-highway motorcycle" as those terms  3,356        

are defined in section 4519.01 of the Revised Code AND             3,357        

MANUFACTURED AND MOBILE HOMES.                                                  

      (C)  "New motor vehicle" means a motor vehicle, the legal    3,359        

title to which has never been transferred by a manufacturer,       3,360        

remanufacturer, distributor, or dealer to an ultimate purchaser.   3,361        

      (D)  "Ultimate purchaser" means, with respect to any new     3,363        

motor vehicle, the first person, other than a dealer purchasing    3,364        

in the capacity of a dealer, who in good faith purchases such new  3,366        

motor vehicle for purposes other than resale.                      3,367        

      (E)  "Business" includes any activities engaged in by any    3,369        

person for the object of gain, benefit, or advantage either        3,370        

direct or indirect.                                                3,371        

      (F)  "Engaging in business" means commencing, conducting,    3,373        

or continuing in business, or liquidating a business when the      3,374        

liquidator thereof holds self out to be conducting such business;  3,377        

making a casual sale or otherwise making transfers in the          3,378        

ordinary course of business when the transfers are made in                      

connection with the disposition of all or substantially all of     3,379        

the transferor's assets is not engaging in business.               3,380        

      (G)  "Retail sale" or "sale at retail" means the act or      3,382        

attempted act of selling, bartering, exchanging, or otherwise      3,383        

disposing of a motor vehicle to an ultimate purchaser for use as   3,384        

a consumer.                                                        3,385        

      (H)  "Retail installment contract" includes any contract in  3,387        

the form of a note, chattel mortgage, conditional sales contract,  3,388        

lease, agreement, or other instrument payable in one or more       3,389        

installments over a period of time and arising out of the retail   3,390        

                                                          81     


                                                                 
sale of a motor vehicle.                                           3,391        

      (I)  "Farm machinery" means all machines and tools used in   3,393        

the production, harvesting, and care of farm products.             3,394        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  3,396        

vehicle dealer, any motor vehicle leasing dealer, and any used     3,397        

motor vehicle dealer.                                              3,398        

      (K)  "New motor vehicle dealer" means any person engaged in  3,400        

the business of selling at retail, displaying, offering for sale,  3,401        

or dealing in new motor vehicles pursuant to a contract or         3,402        

agreement entered into with the manufacturer, remanufacturer, or   3,403        

distributor of the motor vehicles.                                 3,404        

      (L)  "Used motor vehicle dealer" means any person engaged    3,406        

in the business of selling, displaying, offering for sale, or      3,407        

dealing in used motor vehicles, at retail or wholesale, but does   3,408        

not mean any new motor vehicle dealer selling, displaying,         3,409        

offering for sale, or dealing in used motor vehicles incidentally  3,410        

to engaging in the business of selling, displaying, offering for   3,411        

sale, or dealing in new motor vehicles, any person engaged in the  3,412        

business of dismantling, salvaging, or rebuilding motor vehicles   3,413        

by means of using used parts, or any public officer performing     3,414        

official duties.                                                   3,415        

      (M)  "Motor vehicle leasing dealer" means any person         3,417        

engaged in the business of regularly making available, offering    3,418        

to make available, or arranging for another person to use a motor  3,419        

vehicle pursuant to a bailment, lease, sublease, or other          3,420        

contractual arrangement under which a charge is made for its use   3,422        

at a periodic rate for a term of thirty days or more, and title    3,423        

to the motor vehicle is in and remains in the motor vehicle        3,425        

leasing dealer who originally leases it, irrespective of whether                

or not the motor vehicle is the subject of a later sublease, and   3,426        

not in the user, but does not mean a manufacturer or its           3,428        

affiliate leasing to its employees or to dealers.                  3,429        

      (N)  "Salesperson" means any person employed by a dealer or  3,431        

manufactured home broker to sell, display, and offer for sale, or  3,432        

                                                          82     


                                                                 
deal in motor vehicles for a commission, compensation, or other    3,434        

valuable consideration, but does not mean any public officer       3,435        

performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  3,437        

a person other than a new motor vehicle dealer, used motor         3,438        

vehicle dealer, motor vehicle salvage dealer, as defined in        3,439        

division (A) of section 4738.01 of the Revised Code, salesperson,  3,440        

motor vehicle auction owner, manufacturer, or distributor acting   3,441        

in the capacity of a dealer, salesperson, auction owner,           3,442        

manufacturer, or distributor, to a person who purchases the motor  3,443        

vehicle for use as a consumer.                                     3,444        

      (P)  "Motor vehicle show" means a display of current models  3,446        

of motor vehicles whereby the primary purpose is the exhibition    3,447        

of competitive makes and models in order to provide the general    3,448        

public the opportunity to review and inspect various makes and     3,449        

models of motor vehicles at a single location.                     3,450        

      (Q)  "Motor vehicle auction owner" means any person who is   3,452        

engaged wholly or in part in the business of auctioning motor      3,453        

vehicles.                                                          3,454        

      (R)  "Manufacturer" means a person who manufactures,         3,456        

assembles, or imports motor vehicles, including motor homes, but   3,457        

does not mean a person who only assembles or installs a body,      3,458        

special equipment unit, finishing trim, or accessories on a motor  3,459        

vehicle chassis supplied by a manufacturer or distributor.         3,460        

      (S)  "Tent-type fold-out camping trailer" means any vehicle  3,462        

intended to be used, when stationary, as a temporary shelter with  3,463        

living and sleeping facilities, and which is subject to the        3,464        

following properties and limitations:                              3,465        

      (1)  A minimum of twenty-five per cent of the fold-out       3,467        

portion of the top and sidewalls combined must be constructed of   3,468        

canvas, vinyl, or other fabric, and form an integral part of the   3,469        

shelter.                                                           3,470        

      (2)  When folded, the unit must not exceed:                  3,472        

      (a)  Fifteen feet in length, exclusive of bumper and         3,474        

                                                          83     


                                                                 
tongue;                                                            3,475        

      (b)  Sixty inches in height from the point of contact with   3,477        

the ground;                                                        3,478        

      (c)  Eight feet in width;                                    3,480        

      (d)  One ton gross weight at time of sale.                   3,482        

      (T)  "Distributor" means any person authorized by a motor    3,484        

vehicle manufacturer to distribute new motor vehicles to licensed  3,485        

new motor vehicle dealers, but does not mean a person who only     3,486        

assembles or installs a body, special equipment unit, finishing    3,487        

trim, or accessories on a motor vehicle chassis supplied by a      3,488        

manufacturer or distributor.                                       3,489        

      (U)  "Flea market" means a market place, other than a        3,491        

dealer's location licensed under this chapter, where a space or    3,492        

location is provided for a fee or compensation to a seller to      3,493        

exhibit and offer for sale or trade, motor vehicles to the         3,494        

general public.                                                    3,495        

      (V)  "Franchise" means any written agreement, contract, or   3,497        

understanding between any motor vehicle manufacturer or            3,498        

remanufacturer engaged in commerce and any motor vehicle dealer,   3,499        

which purports to fix the legal rights and liabilities of the      3,500        

parties to such agreement, contract, or understanding.             3,501        

      (W)  "Franchisee" means a person who receives new motor      3,503        

vehicles from the franchisor under a franchise agreement and who   3,504        

offers, sells, and provides service for such new motor vehicles    3,505        

to the general public.                                             3,506        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    3,508        

remanufacturer, or distributor who supplies new motor vehicles     3,509        

under a franchise agreement to a franchisee.                       3,510        

      (Y)  "Dealer organization" means a state or local trade      3,512        

association the membership of which is comprised predominantly of  3,513        

new motor vehicle dealers.                                         3,514        

      (Z)  "Factory representative" means a representative         3,516        

employed by a manufacturer, remanufacturer, or by a factory        3,517        

branch primarily for the purpose of promoting the sale of its      3,518        

                                                          84     


                                                                 
motor vehicles, parts, or accessories to dealers or for            3,519        

supervising or contacting its dealers or prospective dealers.      3,520        

      (AA)  "Administrative or executive management" means those   3,522        

individuals who are not subject to federal wage and hour laws.     3,523        

      (BB)  "Good faith" means honesty in the conduct or           3,525        

transaction concerned and the observance of reasonable commercial  3,526        

standards of fair dealing in the trade as is defined in division   3,527        

(S) of section 1301.01 of the Revised Code, including, but not     3,528        

limited to, the duty to act in a fair and equitable manner so as   3,529        

to guarantee freedom from coercion, intimidation, or threats of    3,530        

coercion or intimidation; provided however, that recommendation,   3,531        

endorsement, exposition, persuasion, urging, or argument shall     3,532        

not be considered to constitute a lack of good faith.              3,533        

      (CC)  "Coerce" means to compel or attempt to compel by       3,535        

failing to act in good faith or by threat of economic harm,        3,536        

breach of contract, or other adverse consequences.  Coerce does    3,537        

not mean to argue, urge, recommend, or persuade.                   3,538        

      (DD)  "Relevant market area" means any area within a radius  3,540        

of ten miles from the site of a potential new dealership, except   3,541        

that for manufactured home or recreational vehicle dealerships     3,542        

the radius shall be twenty-five miles.                             3,543        

      (EE)  "Wholesale" or "at wholesale" means the act or         3,545        

attempted act of selling, bartering, exchanging, or otherwise      3,546        

disposing of a motor vehicle to a transferee for the purpose of    3,547        

resale and not for ultimate consumption by that transferee.        3,548        

      (FF)  "Motor vehicle wholesaler" means any person licensed   3,550        

as a dealer under the laws of another state and engaged in the     3,552        

business of selling, displaying, or offering for sale used motor   3,553        

vehicles, at wholesale, but does not mean any motor vehicle                     

dealer as defined in this section.                                 3,554        

      (GG)(1)  "Remanufacturer" means a person who assembles or    3,556        

installs passenger seating, walls, a roof elevation, or a body     3,557        

extension on a conversion van with the motor vehicle chassis       3,558        

supplied by a manufacturer or distributor, a person who modifies   3,560        

                                                          85     


                                                                 
a truck chassis supplied by a manufacturer or distributor for use  3,561        

as a public safety or public service vehicle, a person who         3,562        

modifies a motor vehicle chassis supplied by a manufacturer or     3,563        

distributor for use as a limousine or hearse, or a person who      3,564        

modifies an incomplete motor vehicle cab and chassis supplied by   3,565        

a new motor vehicle dealer or distributor for use as a tow truck,  3,566        

but does not mean either of the following:                         3,567        

      (a)  A person who assembles or installs passenger seating,   3,569        

walls, a roof elevation, or a body extension on a manufactured     3,570        

home as defined in division (C)(4) of section 3781.06 of the       3,571        

Revised Code, a mobile home as defined in division (O) and         3,573        

referred to in division (B) of section 4501.01 of the Revised      3,574        

Code, or a recreational vehicle as defined in division (Q) and     3,575        

referred to in division (B) of section 4501.01 of the Revised      3,576        

Code;                                                                           

      (b)  A person who assembles or installs special equipment    3,578        

or accessories for handicapped persons, as defined in section      3,579        

4503.44 of the Revised Code, upon a motor vehicle chassis          3,580        

supplied by a manufacturer or distributor.                         3,581        

      (2)  For the purposes of division (GG)(1) of this section,   3,583        

"public safety vehicle or public service vehicle" means a fire     3,585        

truck, ambulance, school bus, street sweeper, garbage packing      3,586        

truck, or cement mixer, or a mobile self-contained facility        3,587        

vehicle.                                                                        

      (3)  For the purposes of division (GG)(1) of this section,   3,589        

"limousine" means a motor vehicle, designed only for the purpose   3,590        

of carrying nine or fewer passengers, that a person modifies by    3,591        

cutting the original chassis, lengthening the wheelbase by forty   3,592        

inches or more, and reinforcing the chassis in such a way that     3,594        

all modifications comply with all applicable federal motor                      

vehicle safety standards.  No person shall qualify as or be        3,595        

deemed to be a remanufacturer who produces limousines unless the   3,596        

person has a written agreement with the manufacturer of the        3,597        

chassis the person utilizes to produce the limousines to complete  3,598        

                                                          86     


                                                                 
properly the remanufacture of the chassis into limousines.         3,599        

      (4)  For the purposes of division (GG)(1) of this section,   3,601        

"hearse" means a motor vehicle, designed only for the purpose of   3,602        

transporting a single casket, that is equipped with a compartment  3,603        

designed specifically to carry a single casket that a person       3,604        

modifies by cutting the original chassis, lengthening the          3,605        

wheelbase by ten inches or more, and reinforcing the chassis in    3,606        

such a way that all modifications comply with all applicable       3,607        

federal motor vehicle safety standards.  No person shall qualify   3,608        

as or be deemed to be a remanufacturer who produces hearses        3,609        

unless the person has a written agreement with the manufacturer    3,610        

of the chassis the person utilizes to produce the hearses to       3,611        

complete properly the remanufacture of the chassis into hearses.   3,612        

      (5)  For the purposes of division (GG)(1) of this section,   3,614        

"mobile self-contained facility vehicle" means a mobile classroom  3,615        

vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,       3,616        

testing laboratory, and mobile display vehicle, each of which is   3,617        

designed for purposes other than for passenger transportation and  3,619        

other than the transportation or displacement of cargo, freight,   3,620        

materials, or merchandise.  A vehicle is remanufactured into a     3,621        

mobile self-contained facility vehicle in part by the addition of  3,622        

insulation to the body shell, and installation of all of the       3,623        

following:  a generator, electrical wiring, plumbing, holding      3,624        

tanks, doors, windows, cabinets, shelving, and heating,                         

ventilating, and air conditioning systems.                         3,625        

      (6)  For the purposes of division (GG)(1) of this section,   3,628        

"tow truck" means both of the following:                                        

      (a)  An incomplete cab and chassis that are purchased by a   3,631        

remanufacturer from a new motor vehicle dealer or distributor of   3,632        

the cab and chassis and on which the remanufacturer then installs  3,633        

in a permanent manner a wrecker body it purchases from a           3,634        

manufacturer or distributor of wrecker bodies, installs an         3,635        

emergency flashing light pylon and emergency lights upon the mast  3,636        

of the wrecker body or rooftop, and installs such other related    3,637        

                                                          87     


                                                                 
accessories and equipment, including push bumpers, front grille    3,638        

guards with pads and other custom-ordered items such as painting,  3,639        

special lettering, and safety striping so as to create a complete  3,640        

motor vehicle capable of lifting and towing another motor          3,641        

vehicle.                                                                        

      (b)  An incomplete cab and chassis that are purchased by a   3,644        

remanufacturer from a new motor vehicle dealer or distributor of   3,645        

the cab and chassis and on which the remanufacturer then installs  3,646        

in a permanent manner a car carrier body it purchases from a       3,647        

manufacturer or distributor of car carrier bodies, installs an     3,648        

emergency flashing light pylon and emergency lights upon the       3,649        

rooftop, and installs such other related accessories and           3,650        

equipment, including push bumpers, front grille guards with pads   3,651        

and other custom-ordered items such as painting, special           3,652        

lettering, and safety striping.                                                 

      As used in division (G)(6)(b) of this section, "car carrier  3,655        

body" means a mechanical or hydraulic apparatus capable of         3,656        

lifting and holding a motor vehicle on a flat level surface so     3,657        

that one or more motor vehicles can be transported, once the car   3,658        

carrier is permanently installed upon an incomplete cab and        3,659        

chassis.                                                                        

      (HH)  "Operating as a new motor vehicle dealership" means    3,661        

engaging in activities such as displaying, offering for sale, and  3,662        

selling new motor vehicles at retail, operating a service          3,663        

facility to perform repairs and maintenance on motor vehicles,     3,664        

offering for sale and selling motor vehicle parts at retail, and   3,665        

conducting all other acts that are usual and customary to the      3,666        

operation of a new motor vehicle dealership.  For the purposes of  3,667        

this chapter only, possession of either a valid new motor vehicle  3,668        

dealer franchise agreement or a new motor vehicle dealers          3,669        

license, or both of these items, is not evidence that a person is  3,670        

operating as a new motor vehicle dealership.                       3,671        

      (II)  "Manufactured home broker" means any person acting as  3,673        

a selling agent on behalf of an owner of a manufactured OR MOBILE  3,674        

                                                          88     


                                                                 
home that is subject to taxation under section 4503.06 of the      3,676        

Revised Code.                                                                   

      (JJ)  "Outdoor power equipment" means garden and small       3,678        

utility tractors, walk-behind and riding mowers, chainsaws, and    3,679        

tillers.                                                                        

      Sec. 4517.03.  (A)  A place of business that is used for     3,688        

selling, displaying, offering for sale, or dealing in motor        3,689        

vehicles shall be considered as used exclusively for those         3,690        

purposes even though snowmobiles, farm machinery, outdoor power    3,692        

equipment, watercraft and related products, or products            3,693        

manufactured or distributed by a motor vehicle manufacturer with   3,694        

which the motor vehicle dealer has a franchise agreement are sold  3,696        

or displayed there, or if repair, accessory, gasoline and oil,     3,698        

storage, parts, service, or paint departments are maintained       3,700        

there, or such products or services are provided there, if the     3,701        

departments are operated or the products or services are provided  3,703        

for the business of selling, displaying, offering for sale, or     3,704        

dealing in motor vehicles.  Places of business or departments in   3,705        

a place of business used to dismantle, salvage, or rebuild motor   3,706        

vehicles by means of using used parts, are not considered as       3,707        

being maintained for the purpose of assisting or furthering the    3,708        

selling, displaying, offering for sale, or dealing in motor        3,709        

vehicles.  A place of business shall be considered as used         3,710        

exclusively for selling, displaying, offering for sale, or                      

dealing in motor vehicles even though a business owned by a motor  3,712        

vehicle leasing dealer or a motor vehicle renting dealer is        3,713        

located at the place of business.                                  3,714        

      (B)  No new motor vehicle dealer shall sell, display, offer  3,716        

for sale, or deal in motor vehicles at any place except an         3,717        

established place of business that is used exclusively for the     3,718        

purpose of selling, displaying, offering for sale, or dealing in   3,719        

motor vehicles.  The place of business shall have space, under     3,721        

roof, for the display of at least one new motor vehicle and        3,722        

facilities and space therewith for the inspection, servicing, and  3,723        

                                                          89     


                                                                 
repair of at least one motor vehicle; except that a new motor      3,724        

vehicle dealer selling manufactured or mobile homes is exempt      3,725        

from the requirement that a place of business have space, under    3,726        

roof, for the display of at least one new motor vehicle and        3,727        

facilities and space for the inspection, servicing, and repair of  3,728        

at least one motor vehicle.                                                     

      Nothing contained in Chapter 4517. of the Revised Code       3,730        

shall be construed as prohibiting the sale of a NEW OR USED        3,731        

manufactured OR MOBILE home located in a manufactured home park    3,733        

by a licensed NEW OR USED motor vehicle dealer who is the owner    3,735        

of the manufactured home park.                                                  

      (C)  No used motor vehicle dealer shall sell, display,       3,737        

offer for sale, or deal in motor vehicles at any place except an   3,738        

established place of business that is used exclusively for the     3,739        

purpose of selling, displaying, offering for sale, or dealing in   3,740        

motor vehicles.                                                    3,741        

      (D)  No motor vehicle leasing dealer shall make a motor      3,743        

vehicle available for use by another, in the manner described in   3,744        

division (M) of section 4517.01 of the Revised Code, at any place  3,745        

except an established place of business that is used for leasing   3,746        

motor vehicles; except that a motor vehicle leasing dealer who is  3,747        

also a new motor vehicle dealer or used motor vehicle dealer may   3,748        

lease motor vehicles at the same place of business at which the    3,749        

dealer sells, offers for sale, or deals in new or used motor       3,750        

vehicles.                                                                       

      (E)  No motor vehicle leasing dealer or motor vehicle        3,752        

renting dealer shall sell a motor vehicle within ninety days       3,754        

after a certificate of title to the motor vehicle is issued to     3,755        

the dealer, except when a salvage certificate of title is issued   3,756        

to replace the original certificate of title and except when a     3,757        

motor vehicle leasing dealer sells a motor vehicle to another      3,758        

motor vehicle leasing dealer at the end of a sublease pursuant to  3,759        

that sublease.                                                                  

      (F)  No distributor shall distribute new motor vehicles to   3,761        

                                                          90     


                                                                 
new motor vehicle dealers at any place except an established       3,762        

place of business that is used exclusively for the purpose of      3,763        

distributing new motor vehicles to new motor vehicle dealers;      3,764        

except that a distributor who is also a new motor vehicle dealer   3,765        

may distribute new motor vehicles at the same place of business    3,766        

at which the distributor sells, displays, offers for sale, or      3,767        

deals in new motor vehicles.                                       3,768        

      (G)  No person, firm, or corporation that sells, displays,   3,770        

or offers for sale tent-type fold-out camping trailers is subject  3,771        

to the requirement that the person's, firm's, or corporation's     3,772        

place of business be used exclusively for the purpose of selling,  3,774        

displaying, offering for sale, or dealing in motor vehicles.  No   3,775        

person, firm, or corporation that sells, displays, or offers for   3,776        

sale tent-type fold-out camping trailers, trailers, or             3,777        

semitrailers, OR PARK TRAILERS is subject to the requirement that  3,779        

the place of business have space, under roof, for the display of   3,780        

at least one new motor vehicle and facilities and space for the    3,781        

inspection, servicing, and repair of at least one motor vehicle.   3,782        

      (H)  No manufactured or mobile home broker shall engage in   3,784        

the business of brokering manufactured OR MOBILE homes at any      3,786        

place except an established place of business that is used         3,788        

exclusively for the purpose of brokering manufactured OR MOBILE                 

homes.                                                             3,789        

      (I)  Nothing in this section shall be construed to prohibit  3,791        

persons licensed under this chapter from making sales calls.       3,792        

      (J)  As used in this section:                                3,794        

      (1)  "Motor vehicle leasing dealer" has the same meaning as  3,796        

in section 4517.01 of the Revised Code.                            3,797        

      (2)  "Motor vehicle renting dealer" has the same meaning as  3,799        

in section 4549.65 of the Revised Code.                            3,800        

      (3)  "Watercraft" has the same meaning as in section         3,802        

1547.01 of the Revised Code.                                       3,803        

      Sec. 4517.24.  No two motor vehicle dealers shall engage in  3,812        

business at the same location, unless they agree to be jointly,    3,813        

                                                          91     


                                                                 
severally, and personally liable for any liability arising from    3,814        

their engaging in business at the same location.  The agreement    3,815        

shall be filed with the motor vehicle dealers board, and shall     3,816        

also be made a part of the articles of incorporation of each such               

dealer filed with the secretary of state.  Whenever the board has  3,817        

reason to believe that a dealer who has entered into such an       3,818        

agreement has revoked the agreement but continues to engage in     3,819        

business at the same location, the board shall revoke his THE      3,820        

DEALER'S license.                                                               

      THIS SECTION DOES NOT APPLY TO TWO OR MORE MOTOR VEHICLE     3,822        

DEALERS ENGAGED IN THE BUSINESS OF SELLING NEW OR USED             3,823        

MANUFACTURED OR MOBILE HOMES IN THE SAME MANUFACTURED HOME PARK.   3,824        

      Sec. 5701.02.  As used in Title LVII of the Revised Code:    3,833        

      (A)  "Real property," "realty," and "land" include land      3,835        

itself, whether laid out in town lots or otherwise, all growing    3,836        

crops, including deciduous and evergreen trees, plants, and        3,837        

shrubs, with all things contained therein, and, unless otherwise   3,838        

specified in THIS SECTION OR section 5701.03 of the Revised Code,  3,839        

all buildings, structures, improvements, and fixtures of whatever  3,840        

kind on the land, and all rights and privileges belonging or       3,841        

appertaining thereto.  "REAL PROPERTY" DOES NOT INCLUDE A          3,842        

MANUFACTURED HOME AS DEFINED IN DIVISION (C)(4) OF SECTION         3,843        

3781.06 OF THE REVISED CODE OR A MOBILE HOME, TRAVEL TRAILER, OR   3,844        

PARK TRAILER, EACH AS DEFINED IN SECTION 4501.01 OF THE REVISED                 

CODE, THAT IS NOT A MANUFACTURED OR MOBILE HOME BUILDING AS        3,845        

DEFINED IN DIVISION (B)(2) OF THIS SECTION.                        3,846        

      (B)(1)  "Building" means a permanent fabrication or          3,848        

construction, attached or affixed to land, consisting of           3,849        

foundations, walls, columns, girders, beams, floors, and a roof,   3,850        

or some combination of these elemental parts, that is intended as  3,851        

a habitation or shelter for people or animals or a shelter for     3,852        

tangible personal property, and that has structural integrity      3,853        

independent of the tangible personal property, if any, it is       3,854        

designed to shelter.  "Building" includes a MANUFACTURED OR        3,855        

                                                          92     


                                                                 
MOBILE HOME BUILDING AS DEFINED IN DIVISION (B)(2) OF THIS         3,856        

SECTION.                                                                        

      (2)  "MANUFACTURED OR MOBILE HOME BUILDING" MEANS A mobile   3,858        

home as defined in division (O) of section 4501.01 of the Revised  3,861        

Code and OR a manufactured home as defined in division (C)(4) of   3,862        

section 3781.06 of the Revised Code, if the home meets both of     3,864        

the following conditions:                                                       

      (1)(a)  The home is affixed to a permanent foundation as     3,866        

defined in division (C)(5) of section 3781.06 of the Revised Code  3,868        

and is located on land owned by the owner of the home.                          

      (2)(b)  The certificate of title for the home has been       3,870        

inactivated by the clerk of the court of common pleas that issued  3,872        

it pursuant to section 4505.11 of the Revised Code.                3,873        

      (C)  "Fixture" means an item of tangible personal property   3,875        

that has become permanently attached or affixed to the land or to  3,876        

a building, structure, or improvement, and that primarily          3,877        

benefits the realty and not the business, if any, conducted by     3,878        

the occupant on the premises.                                      3,879        

      (D)  "Improvement" means, with respect to a building or      3,881        

structure, a permanent addition, enlargement, or alteration that,  3,882        

had it been constructed at the same time as the building or        3,883        

structure, would have been considered a part of the building or    3,884        

structure.                                                         3,885        

      (E)  "Structure" means a permanent fabrication or            3,887        

construction, other than a building, that is attached or affixed   3,888        

to land, and that increases or enhances utilization or enjoyment   3,889        

of the land.  "Structure" includes, but is not limited to,         3,890        

bridges, trestles, dams, storage silos for agricultural products,  3,891        

fences, and walls.                                                 3,892        

      Sec. 5739.0210.  (A)  As used in this section and section    3,902        

5739.02 of the Revised Code:                                                    

      (1)  "Manufactured home" has the same meaning as in          3,904        

division (C)(4) of section 3781.06 of the Revised Code and         3,906        

includes all skirting, awnings, interior cabinetry, and other      3,907        

                                                          93     


                                                                 
accessories and attachments that are permanently attached to and   3,908        

incorporated as part of the home, but does not include any         3,909        

furniture not permanently affixed to the home.                     3,910        

      (2)  "Manufacturer," "remanufacturer," and "distributor"     3,912        

means a manufacturer, remanufacturer, or distributor of            3,913        

manufactured homes or mobile homes.                                3,914        

      (3)  "Mobile home" has the same meaning as in division (O)   3,917        

of section 4501.01 of the Revised Code and includes all skirting,               

awnings, interior cabinetry, and other accessories and             3,918        

attachments that are permanently attached to and incorporated as   3,919        

part of the home, but does not include any furniture not           3,920        

permanently affixed to the home.                                   3,921        

      (4)  "New manufactured home" and "new mobile home" means a   3,923        

manufactured or mobile home the legal title to which has never     3,924        

been transferred by a manufacturer, remanufacturer, distributor,   3,925        

or new motor vehicle dealer to a purchaser in this state who is    3,926        

not a manufacturer, remanufacturer, distributor, or new motor      3,927        

vehicle dealer.                                                    3,928        

      (5)  "New motor vehicle dealer" has the same meaning as in   3,930        

section 4517.01 of the Revised Code.                               3,932        

      (6)  "Used manufactured home" and "used mobile home" means   3,934        

a manufactured or mobile home the legal title to which is being    3,935        

transferred or previously has been transferred by an owner other   3,936        

than a new motor vehicle dealer.                                   3,937        

      (B)  Notwithstanding other sections of this chapter or       3,940        

Chapter 5741. of the Revised Code, the tax levied under such       3,942        

chapters on the retail sales of manufactured homes and mobile      3,943        

homes sold on or after January 1, 2000, shall be reported and      3,945        

paid as provided in this section.  For purposes of this chapter    3,946        

and Chapter 5741. of the Revised Code, a manufactured home or a    3,947        

mobile home sold on or after January 1, 2000, shall not be         3,949        

considered a motor vehicle.                                        3,950        

      (C)(1)  The transfer of a used manufactured home or used     3,953        

mobile home on which the transfer tax imposed by section 322.06    3,954        

                                                          94     


                                                                 
of the Revised Code has been paid shall not be considered a sale   3,956        

for purposes of this chapter or Chapter 5741. of the Revised Code  3,957        

and no tax required by this chapter or Chapter 5741. of the        3,959        

Revised Code shall be paid on such transfer.                       3,960        

      (2)  THE TAXES IMPOSED BY THIS CHAPTER AND CHAPTER 5741. OF  3,963        

THE REVISED CODE DO NOT APPLY TO A NEW MANUFACTURED HOME OR NEW    3,964        

MOBILE HOME THAT A DEALER SELLS TO THE UNITED STATES GOVERNMENT    3,965        

OR TO THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.             3,966        

      (D)  New motor vehicle dealers that purchase new             3,969        

manufactured homes or new mobile homes from a manufacturer,        3,970        

remanufacturer, distributor, or another dealer shall not pay the   3,971        

tax imposed by this chapter to the seller or vendor at the time    3,972        

of purchase.                                                                    

      (E)  When a new motor vehicle dealer sells a new             3,975        

manufactured home or new mobile home to a purchaser, other than    3,976        

another new motor vehicle dealer purchasing such home for          3,977        

subsequent sale by the dealer, the new motor vehicle dealer shall  3,978        

be the consumer of such sale and shall remit the tax required by   3,979        

this chapter and Chapter 5741. of the Revised Code.  The price on  3,981        

which the tax shall be paid is the aggregate value in money of     3,982        

anything previously paid or delivered, or promised to be paid or   3,983        

delivered, by the new motor vehicle dealer for that dealer's       3,984        

previous purchase of the new manufactured or mobile home from a    3,985        

manufacturer, remanufacturer, distributor, or other new motor      3,986        

vehicle dealer.   THE PRICE ON WHICH THE TAX SHALL BE PAID DOES    3,988        

NOT INCLUDE ANY AMOUNT PAID BY A NEW MOTOR VEHICLE DEALER AS A     3,989        

REFUNDABLE DEPOSIT FOR WHEELS AND AXLES THAT ARE USED TO TRANSFER  3,990        

A NEW MANUFACTURED HOME OR NEW MOBILE HOME TO THE DEALER AND TO    3,991        

THE PERSON WHO PURCHASES THE HOME FROM THE NEW MOTOR VEHICLE                    

DEALER TO THE EXTENT THE DEPOSIT ACTUALLY IS REFUNDED TO THE       3,992        

DEALER, PROVIDED THAT THE AMOUNT OF THE DEPOSIT IS STATED          3,993        

SEPARATELY FROM THE CONSIDERATION PAID OR DELIVERED, OR PROMISED   3,994        

TO BE PAID OR DELIVERED, FOR THE PURCHASE OF THE HOME BY THE       3,995        

DEALER.  THE SEPARATE STATEMENT SHALL APPEAR ON THE SALES                       

                                                          95     


                                                                 
AGREEMENT OR THE INITIAL INVOICE OR BILLING RENDERED BY THE        3,996        

MANUFACTURER, REMANUFACTURER, DISTRIBUTOR, OR OTHER NEW MOTOR      3,997        

VEHICLE DEALER TO THE NEW MOTOR VEHICLE DEALER THAT IS THE         3,998        

CONSUMER OF THE HOME FOR THE PURPOSES OF THIS DIVISION.  The tax   4,000        

applies and shall be due from the dealer on the date the new       4,001        

manufactured home or new mobile home is delivered to the           4,002        

purchaser, the date the purchaser remits the full price for the    4,003        

manufactured home or new mobile home to the dealer, or, in the     4,004        

case of a dealer-financed transaction, the date the purchaser      4,005        

completely executes the financing for the new manufactured home    4,006        

or new mobile home, whichever date occurs first.  The tax shall    4,007        

be paid at the rate in effect in the county where the new          4,008        

manufactured home or new mobile home is to be titled to the        4,009        

purchaser.                                                                      

      (F)  A new motor vehicle dealer shall not charge a tax       4,012        

under this chapter or Chapter 5741. of the Revised Code to the     4,013        

purchaser of a new manufactured home or a new mobile home, but     4,014        

may pass the tax through to the purchaser as part of the dealer's  4,015        

cost of the new manufactured home or new mobile home.              4,016        

      (G)  A person performing repairs or improvements to a        4,019        

manufactured home or a mobile home shall be considered the         4,020        

consumer of all property used in the performance of the repairs    4,021        

or improvements and shall not be considered to be making sales of  4,022        

the repairs or improvements.                                       4,023        

      Section 2.  That existing sections 135.22, 135.341,          4,025        

319.202, 319.54, 321.24, 321.46, 323.153, 323.156, 323.31,         4,027        

323.611, 1317.13, 4501.01, 4503.06, 4503.061, 4503.063, 4503.067,  4,028        

4505.06, 4505.11, 4513.01, 4517.01, 4517.03, 4517.24, 5701.02,     4,029        

and 5739.0210 of the Revised Code are hereby repealed.             4,031        

      Section 3.  Sections 323.151, 323.152, 323.154, and 323.155  4,033        

of the Revised Code, as amended by Am. Sub. S.B. 142 of the 122nd  4,034        

General Assembly, and sections 323.153 and 323.156 of the Revised  4,035        

Code, as amended by this act, apply to 2000 and thereafter.        4,036        

      Section 4.  Sections 135.22, 135.341, and 321.46, as         4,038        

                                                          96     


                                                                 
amended by this act, and section 321.47 of the Revised Code, as    4,040        

enacted by this act, take effect January 1, 2001.                  4,041        

      Section 5.  Section 323.153 of the Revised Code is           4,043        

presented in this act as a composite of the section as amended by  4,044        

Am. Sub. H.B. 177, Am. Sub. S.B. 201, and Am. Sub. S.B. 142, all   4,045        

of the 122nd General Assembly, with the new language of none of    4,047        

the acts shown in capital letters.  Section 4501.01 of the         4,048        

Revised Code is presented in this act as a composite of the        4,049        

section as amended by both Am. Sub. H.B. 600 and Sub. S.B. 242 of  4,050        

the 123rd General Assembly, with the new language of neither of    4,051        

the acts shown in capital letters.  This is in recognition of the  4,052        

principle stated in division (B) of section 1.52 of the Revised    4,053        

Code that such amendments are to be harmonized where not           4,054        

substantively irreconcilable and constitutes a legislative         4,055        

finding that such is the resulting version in effect prior to the  4,056        

effective date of this act.