As Reported by the Senate Ways and Means Committee          1            

123rd General Assembly                                             4            

   Regular Session                               Sub. S. B. No. 6  5            

      1999-2000                                                    6            


       SENATORS ARMBRUSTER-JOHNSON-DiDONATO-DRAKE-BLESSING         8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 323.152 and 4503.065 of the         12           

                Revised Code to increase and index to inflation    13           

                the income brackets used to determine eligibility               

                for the homestead exemption and the amount of a    14           

                homesteader's tax reduction.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That sections 323.152 and 4503.065 of the        17           

Revised Code be amended to read as follows:                        18           

      Sec. 323.152.  In addition to the reduction in taxes         27           

required under section 319.302 of the Revised Code, taxes shall    28           

be reduced as follows: PROVIDED IN DIVISIONS (A) AND (B) OF THIS   30           

SECTION.                                                                        

      (A)  This division (1)  DIVISION (A) OF THIS SECTION         33           

applies to any of the following:                                                

      (1)(a)  A person who is permanently and totally disabled;    35           

      (2)(b)  A person who is sixty-five years of age or older;    37           

      (3)(c)  A person who is the surviving spouse of a deceased   39           

person who was permanently and totally disabled or sixty-five      40           

years of age or older and who applied and qualified for a          41           

reduction in taxes under this division in the year of death,       42           

provided the surviving spouse is at least fifty-nine but not       43           

sixty-five or more years of age on the date the deceased spouse    44           

dies.                                                                           

      (2)  Real property taxes on a homestead owned and occupied   46           

by a person to whom this division (A) OF THIS SECTION applies      48           

shall be further reduced for each year for which the owner         49           

                                                          2      


                                                                 
obtains a certificate of reduction from the county auditor under   50           

section 323.154 of the Revised Code.  The reduction shall equal    51           

the amount obtained by multiplying the tax rate for the tax year   52           

for which the certificate is issued by the reduction in taxable    53           

value shown in the following schedule:                             54           

                                      Reduce Taxable Value         56           

       Total Income                    by the Lesser of:           58           

$10,800 11,900 or less          $5,000 or seventy-five per cent    61           

More than $10,800 11,900        $3,000 or sixty per cent           65           

   but not more than                                                            

   $15,800 17,500                                                  64           

More than $15,800 17,500        $1,000 or twenty-five per cent     68           

   but not more than                                                            

   $20,800 23,000                                                               

More than $20,800 23,000                       -0-                 70           

      (3)  EACH CALENDAR YEAR BEGINNING IN 1999, THE TAX           74           

COMMISSIONER SHALL ADJUST THE FOREGOING SCHEDULE BY COMPLETING     75           

THE FOLLOWING STEPS:                                                            

      (a)  DETERMINE THE PERCENTAGE INCREASE IN THE GROSS          77           

DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC     78           

ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE      81           

FIRST DAY OF JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY   82           

OF JUNE OF THE CURRENT CALENDAR YEAR;                              84           

      (b)  MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL  87           

INCOME AMOUNTS FOR THE CURRENT TAX YEAR;                                        

      (c)  ADD THE RESULTING PRODUCT TO EACH OF THE TOTAL INCOME   90           

AMOUNTS FOR THE CURRENT TAX YEAR;                                               

      (d)  ROUND THE RESULTING SUM TO THE NEAREST MULTIPLE OF ONE  93           

HUNDRED DOLLARS.                                                                

      THE COMMISSIONER SHALL CERTIFY THE AMOUNTS RESULTING FROM    95           

THE ADJUSTMENT TO EACH COUNTY AUDITOR NOT LATER THAN THE FIRST     96           

DAY OF DECEMBER EACH YEAR.  THE CERTIFIED AMOUNTS APPLY TO THE     98           

FOLLOWING TAX YEAR.  THE COMMISSIONER SHALL NOT MAKE THE           99           

ADJUSTMENT IN ANY CALENDAR YEAR IN WHICH THE AMOUNTS RESULTING     100          

                                                          3      


                                                                 
FROM THE ADJUSTMENT WOULD BE LESS THAN THE TOTAL INCOME AMOUNTS    101          

FOR THE CURRENT TAX YEAR.                                                       

      (B)  Real property taxes on any homestead, and manufactured  103          

home taxes on any manufactured or mobile home on which a           104          

manufactured home tax is assessed pursuant to division (D)(2) of   105          

section 4503.06 of the Revised Code, shall be reduced for each     106          

year for which the owner obtains a certificate of reduction from   108          

the county auditor under section 323.154 of the Revised Code.      109          

The amount of the reduction shall equal one-fourth of the amount   110          

by which the taxes charged and payable on the homestead or the     111          

manufactured or mobile home are reduced for such year under        112          

section 319.302 of the Revised Code.                               113          

      (C)  The reductions granted by this section do not apply to  115          

special assessments or respread of assessments levied against the  116          

homestead, and if there is a transfer of ownership subsequent to   117          

the filing of an application for a reduction in taxes, such        118          

reductions are not forfeited for such year by virtue of such       119          

transfer.                                                          120          

      (D)  The reductions in taxable value referred to in this     122          

section shall be applied solely as a factor for the purpose of     123          

computing the reduction of taxes under this section and shall not  124          

affect the total value of property in any subdivision or taxing    125          

district as listed and assessed for taxation on the tax lists and  126          

duplicates, or any direct or indirect limitations on indebtedness  127          

of a subdivision or taxing district.  If after application of      128          

sections 5705.31 and 5705.32 of the Revised Code, including the    129          

allocation of all levies within the ten-mill limitation to debt    130          

charges to the extent therein provided, there would be             131          

insufficient funds for payment of debt charges not provided for    132          

by levies in excess of the ten-mill limitation, the reduction of   133          

taxes provided for in sections 323.151 to 323.157 of the Revised   134          

Code, shall be proportionately adjusted to the extent necessary    135          

to provide such funds from levies within the ten-mill limitation.  136          

      (E)  No reduction shall be made on the taxes due on the      138          

                                                          4      


                                                                 
homestead of any person convicted of violating division (C) or     139          

(D) of section 323.153 of the Revised Code for a period of three   140          

years following the conviction.                                    141          

      Sec. 4503.065.  (A)  This section applies to any of the      150          

following:                                                                      

      (A)(1)  An individual who is permanently and totally         152          

disabled;                                                                       

      (B)(2)  An individual who is sixty-five years of age or      154          

older;                                                                          

      (C)(3)  An individual who is the surviving spouse of a       156          

deceased person who was permanently and totally disabled or        157          

sixty-five years of age or older and who applied and qualified     158          

for a reduction in assessable value under this section in the      159          

year of death, provided the surviving spouse is at least           160          

fifty-nine but not sixty-five or more years of age on the date     161          

the deceased spouse dies.                                          162          

      (B)(1)  The manufactured home tax on a manufactured or       165          

mobile home that is paid pursuant to division (C) of section       166          

4503.06 of the Revised Code and that is owned and occupied as a    167          

home by an individual whose domicile is in this state and to whom  168          

this section applies, shall be reduced for any tax year for which  169          

the owner obtains a certificate of reduction from the county       170          

auditor under section 4503.067 of the Revised Code, provided the   171          

individual did not acquire ownership from a person, other than     172          

the individual's spouse, related by consanguinity or affinity for  174          

the purpose of qualifying for the reduction in assessable value.   175          

An owner includes a settlor of a revocable inter vivos trust       176          

holding the title to a manufactured or mobile home occupied by     177          

the settlor as of right under the trust.  The reduction shall      178          

equal the amount obtained by multiplying the tax rate for the tax  179          

year for which the certificate is issued by the reduction in       180          

assessable value shown in the following schedule.                  181          

                              Reduce Assessable Value              183          

      Total Income               by the Lesser of:                 184          

                                                          5      


                                                                 
                               Column A     Column B               185          

$10,800 11,900 or less       $5,000 or seventy-five per cent       188          

More than $10,800 11,900                                           189          

but not more than $15,800                                          190          

17,500                       $3,000 or sixty per cent              191          

More than $15,800 17,500                                           192          

but not more than $20,800                                          193          

23,000                       $1,000 or twenty-five per cent        194          

More than $20,800 23,000     -0-                                   196          

      (2)  EACH CALENDAR YEAR BEGINNING IN 1999, THE TAX           199          

COMMISSIONER SHALL ADJUST THE FOREGOING SCHEDULE BY COMPLETING     200          

THE FOLLOWING STEPS:                                               201          

      (a)  DETERMINE THE PERCENTAGE INCREASE IN THE GROSS          203          

DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC     204          

ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE      207          

FIRST DAY OF JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY   208          

OF JUNE OF THE CURRENT CALENDAR YEAR;                              210          

      (b)  MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL  213          

INCOME AMOUNTS FOR THE ENSUING TAX YEAR;                                        

      (c)  ADD THE RESULTING PRODUCT TO EACH OF THE TOTAL INCOME   216          

AMOUNTS FOR THE ENSUING TAX YEAR;                                               

      (d)  ROUND THE RESULTING SUM TO THE NEAREST MULTIPLE OF ONE  219          

HUNDRED DOLLARS.                                                                

      THE COMMISSIONER SHALL CERTIFY THE AMOUNTS RESULTING FROM    221          

THE ADJUSTMENT TO EACH COUNTY AUDITOR NOT LATER THAN THE FIRST     222          

DAY OF DECEMBER EACH YEAR.  THE CERTIFIED AMOUNTS APPLY TO THE     224          

SECOND ENSUING TAX YEAR.  THE COMMISSIONER SHALL NOT MAKE THE      225          

ADJUSTMENT IN ANY CALENDAR YEAR IN WHICH THE AMOUNTS RESULTING     226          

FROM THE ADJUSTMENT WOULD BE LESS THAN THE TOTAL INCOME AMOUNTS    227          

FOR THE ENSUING TAX YEAR.                                                       

      (C)  If the owner or the spouse of the owner of a            229          

manufactured or mobile home is eligible for a homestead exemption  231          

on the land upon which the home is located, the reduction in       232          

assessable value to which the owner or spouse is entitled under    233          

                                                          6      


                                                                 
this section shall not exceed the difference between the           235          

reduction in assessable value to which the owner or spouse is      236          

entitled under column A of the above schedule and the amount of    237          

the reduction in taxable value that was used to compute the                     

homestead exemption.                                               238          

      (D)  No reduction shall be made on the assessable value of   240          

the home of any person convicted of violating division (C) or (D)  242          

of section 4503.066 of the Revised Code for a period of three      243          

years following the conviction.                                                 

      Section 2.  That existing sections 323.152 and 4503.065 of   245          

the Revised Code are hereby repealed.                              246          

      Section 3.  (A)  The amendments made by this act to          248          

division (A) of section 323.152 of the Revised Code first apply    249          

to tax year 1999.  A person whose homestead first becomes          250          

eligible for the reduction in taxable value or is entitled to an   251          

increased reduction under that division for tax year 1999 because  252          

of the amendments made to that division may apply for the          253          

reduction or increase therein for that year not later than 90      254          

days after the effective date of this section, notwithstanding     255          

filing requirements to the contrary under division (A)(3) of       256          

section 323.153 of the Revised Code.                                            

      (B)  The amendments made by this act to section 4503.065 of  258          

the Revised Code first apply to tax year 2000.  A person whose     259          

manufactured or mobile home first becomes eligible for the         260          

reduction in assessable value or is entitled to an increased       261          

reduction under that section for tax year 2000 because of the      262          

amendments made to that section may apply for the reduction or     263          

increase therein for that year not later than 90 days after the    264          

effective date of this section, notwithstanding the filing         265          

requirements to the contrary under division (A)(2) of section      266          

4503.066 of the Revised Code.                                      267