As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                    S. B. No. 6  5            

      1999-2000                                                    6            


                       SENATOR ARMBRUSTER                          8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 323.152 and 4503.065 of the         12           

                Revised Code to increase the maximum income limit  13           

                used to determine eligibility for the homestead                 

                exemption, and to index to inflation the income    14           

                brackets used to determine the amount of a         15           

                homesteader's tax reduction.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 323.152 and 4503.065 of the        18           

Revised Code be amended to read as follows:                        19           

      Sec. 323.152.  In addition to the reduction in taxes         28           

required under section 319.302 of the Revised Code, taxes shall    29           

be reduced as follows: PROVIDED IN DIVISIONS (A) AND (B) OF THIS   31           

SECTION.                                                                        

      (A)  This division (1)  DIVISION (A) OF THIS SECTION         34           

applies to any of the following:                                                

      (1)(a)  A person who is permanently and totally disabled;    36           

      (2)(b)  A person who is sixty-five years of age or older;    38           

      (3)(c)  A person who is the surviving spouse of a deceased   40           

person who was permanently and totally disabled or sixty-five      41           

years of age or older and who applied and qualified for a          42           

reduction in taxes under this division in the year of death,       43           

provided the surviving spouse is at least fifty-nine but not       44           

sixty-five or more years of age on the date the deceased spouse    45           

dies.                                                                           

      (2)  Real property taxes on a homestead owned and occupied   47           

by a person to whom this division (A) OF THIS SECTION applies      49           

                                                          2      

                                                                 
shall be further reduced for each year for which the owner         50           

obtains a certificate of reduction from the county auditor under   51           

section 323.154 of the Revised Code.  The reduction shall equal    52           

the amount obtained by multiplying the tax rate for the tax year   53           

for which the certificate is issued by the reduction in taxable    54           

value shown in the following schedule:                             55           

                                      Reduce Taxable Value         57           

       Total Income                    by the Lesser of:           59           

$10,800 or less                 $5,000 or seventy-five per cent    62           

More than $10,800 but not       $3,000 or sixty per cent           64           

   more than $15,800                                                            

More than $15,800 but not       $1,000 or twenty-five per cent     66           

   more than $20,800 23,000                                                     

More than $20,800 23,000                      -0-                  68           

      (3)  EACH CALENDAR YEAR BEGINNING IN 2000, THE TAX           72           

COMMISSIONER SHALL ADJUST THE FOREGOING SCHEDULE BY COMPLETING     73           

THE FOLLOWING STEPS:                                                            

      (a)  DETERMINE THE PERCENTAGE INCREASE IN THE GROSS          75           

DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC     76           

ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE      79           

FIRST DAY OF JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY   80           

OF JUNE OF THE CURRENT CALENDAR YEAR;                              82           

      (b)  MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL  85           

INCOME AMOUNTS FOR THE CURRENT TAX YEAR;                                        

      (c)  ADD THE RESULTING PRODUCT TO EACH OF THE TOTAL INCOME   88           

AMOUNTS FOR THE CURRENT TAX YEAR;                                               

      (d)  ROUND THE RESULTING SUM TO THE NEAREST MULTIPLE OF ONE  91           

HUNDRED DOLLARS.                                                                

      THE COMMISSIONER SHALL CERTIFY THE AMOUNTS RESULTING FROM    93           

THE ADJUSTMENT TO EACH COUNTY AUDITOR NOT LATER THAN THE FIRST     94           

DAY OF DECEMBER EACH YEAR.  THE CERTIFIED AMOUNTS APPLY TO THE     96           

FOLLOWING TAX YEAR.  THE COMMISSIONER SHALL NOT MAKE THE           97           

ADJUSTMENT IN ANY CALENDAR YEAR IN WHICH THE AMOUNTS RESULTING     98           

FROM THE ADJUSTMENT WOULD BE LESS THAN THE TOTAL INCOME AMOUNTS    99           

                                                          3      

                                                                 
FOR THE CURRENT TAX YEAR.                                                       

      (B)  Real property taxes on any homestead, and manufactured  101          

home taxes on any manufactured or mobile home on which a           102          

manufactured home tax is assessed pursuant to division (D)(2) of   103          

section 4503.06 of the Revised Code, shall be reduced for each     104          

year for which the owner obtains a certificate of reduction from   106          

the county auditor under section 323.154 of the Revised Code.      107          

The amount of the reduction shall equal one-fourth of the amount   108          

by which the taxes charged and payable on the homestead or the     109          

manufactured or mobile home are reduced for such year under        110          

section 319.302 of the Revised Code.                               111          

      (C)  The reductions granted by this section do not apply to  113          

special assessments or respread of assessments levied against the  114          

homestead, and if there is a transfer of ownership subsequent to   115          

the filing of an application for a reduction in taxes, such        116          

reductions are not forfeited for such year by virtue of such       117          

transfer.                                                          118          

      (D)  The reductions in taxable value referred to in this     120          

section shall be applied solely as a factor for the purpose of     121          

computing the reduction of taxes under this section and shall not  122          

affect the total value of property in any subdivision or taxing    123          

district as listed and assessed for taxation on the tax lists and  124          

duplicates, or any direct or indirect limitations on indebtedness  125          

of a subdivision or taxing district.  If after application of      126          

sections 5705.31 and 5705.32 of the Revised Code, including the    127          

allocation of all levies within the ten-mill limitation to debt    128          

charges to the extent therein provided, there would be             129          

insufficient funds for payment of debt charges not provided for    130          

by levies in excess of the ten-mill limitation, the reduction of   131          

taxes provided for in sections 323.151 to 323.157 of the Revised   132          

Code, shall be proportionately adjusted to the extent necessary    133          

to provide such funds from levies within the ten-mill limitation.  134          

      (E)  No reduction shall be made on the taxes due on the      136          

homestead of any person convicted of violating division (C) or     137          

                                                          4      

                                                                 
(D) of section 323.153 of the Revised Code for a period of three   138          

years following the conviction.                                    139          

      Sec. 4503.065.  (A)  This section applies to any of the      148          

following:                                                                      

      (A)(1)  An individual who is permanently and totally         150          

disabled;                                                                       

      (B)(2)  An individual who is sixty-five years of age or      152          

older;                                                                          

      (C)(3)  An individual who is the surviving spouse of a       154          

deceased person who was permanently and totally disabled or        155          

sixty-five years of age or older and who applied and qualified     156          

for a reduction in assessable value under this section in the      157          

year of death, provided the surviving spouse is at least           158          

fifty-nine but not sixty-five or more years of age on the date     159          

the deceased spouse dies.                                          160          

      (B)(1)  The manufactured home tax on a manufactured or       163          

mobile home that is paid pursuant to division (C) of section       164          

4503.06 of the Revised Code and that is owned and occupied as a    165          

home by an individual whose domicile is in this state and to whom  166          

this section applies, shall be reduced for any tax year for which  167          

the owner obtains a certificate of reduction from the county       168          

auditor under section 4503.067 of the Revised Code, provided the   169          

individual did not acquire ownership from a person, other than     170          

the individual's spouse, related by consanguinity or affinity for  172          

the purpose of qualifying for the reduction in assessable value.   173          

An owner includes a settlor of a revocable inter vivos trust       174          

holding the title to a manufactured or mobile home occupied by     175          

the settlor as of right under the trust.  The reduction shall      176          

equal the amount obtained by multiplying the tax rate for the tax  177          

year for which the certificate is issued by the reduction in       178          

assessable value shown in the following schedule.                  179          

                              Reduce Assessable Value              181          

      Total Income               by the Lesser of:                 182          

                               Column A     Column B               183          

                                                          5      

                                                                 
$10,800 or less              $5,000 or seventy-five per cent       186          

More than $10,800 but not                                          187          

more than $15,800            $3,000 or sixty per cent              188          

More than $15,800 but not                                          189          

more than $20,800 23,000     $1,000 or twenty-five per cent        190          

More than $20,800 23,000     -0-                                   192          

      (2)  EACH CALENDAR YEAR BEGINNING IN 2000, THE TAX           195          

COMMISSIONER SHALL ADJUST THE FOREGOING SCHEDULE BY COMPLETING     196          

THE FOLLOWING STEPS:                                               197          

      (a)  DETERMINE THE PERCENTAGE INCREASE IN THE GROSS          199          

DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC     200          

ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE      203          

FIRST DAY OF JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY   204          

OF JUNE OF THE CURRENT CALENDAR YEAR;                              206          

      (b)  MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL  209          

INCOME AMOUNTS FOR THE ENSUING TAX YEAR;                                        

      (c)  ADD THE RESULTING PRODUCT TO EACH OF THE TOTAL INCOME   212          

AMOUNTS FOR THE ENSUING TAX YEAR;                                               

      (d)  ROUND THE RESULTING SUM TO THE NEAREST MULTIPLE OF ONE  215          

HUNDRED DOLLARS.                                                                

      THE COMMISSIONER SHALL CERTIFY THE AMOUNTS RESULTING FROM    217          

THE ADJUSTMENT TO EACH COUNTY AUDITOR NOT LATER THAN THE FIRST     218          

DAY OF DECEMBER EACH YEAR.  THE CERTIFIED AMOUNTS APPLY TO THE     220          

SECOND ENSUING TAX YEAR.  THE COMMISSIONER SHALL NOT MAKE THE      221          

ADJUSTMENT IN ANY CALENDAR YEAR IN WHICH THE AMOUNTS RESULTING     222          

FROM THE ADJUSTMENT WOULD BE LESS THAN THE TOTAL INCOME AMOUNTS    223          

FOR THE ENSUING TAX YEAR.                                                       

      (C)  If the owner or the spouse of the owner of a            225          

manufactured or mobile home is eligible for a homestead exemption  227          

on the land upon which the home is located, the reduction in       228          

assessable value to which the owner or spouse is entitled under    229          

this section shall not exceed the difference between the           231          

reduction in assessable value to which the owner or spouse is      232          

entitled under column A of the above schedule and the amount of    233          

                                                          6      

                                                                 
the reduction in taxable value that was used to compute the                     

homestead exemption.                                               234          

      (D)  No reduction shall be made on the assessable value of   236          

the home of any person convicted of violating division (C) or (D)  238          

of section 4503.066 of the Revised Code for a period of three      239          

years following the conviction.                                                 

      Section 2.  That existing sections 323.152 and 4503.065 of   241          

the Revised Code are hereby repealed.                              242          

      Section 3.  This act's increase of the maximum total income  244          

limitation in sections 323.152 and 4503.065 of the Revised Code    245          

first applies to tax year 2000 real property taxes and tax year    246          

2001 manufactured home taxes.