As Passed by the Senate                       1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


   SENATORS ARMBRUSTER-JOHNSON-DiDONATO-DRAKE-BLESSING-BRADY-      8            

  CARNES-CUPP-FINGERHUT-HOTTINGER-LATELL-LATTA-NEIN-OELSLAGER-     9            

 SPADA-WATTS-WHITE-KEARNS-WACHTMANN-SCHAFRATH-HERINGTON-GARDNER    10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 323.152 and 4503.065 of the         14           

                Revised Code to increase and index to inflation    15           

                the income brackets used to determine eligibility               

                for the homestead exemption and the amount of a    16           

                homesteader's tax reduction.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That sections 323.152 and 4503.065 of the        19           

Revised Code be amended to read as follows:                        20           

      Sec. 323.152.  In addition to the reduction in taxes         29           

required under section 319.302 of the Revised Code, taxes shall    30           

be reduced as follows: PROVIDED IN DIVISIONS (A) AND (B) OF THIS   32           

SECTION.                                                                        

      (A)  This division (1)  DIVISION (A) OF THIS SECTION         35           

applies to any of the following:                                                

      (1)(a)  A person who is permanently and totally disabled;    37           

      (2)(b)  A person who is sixty-five years of age or older;    39           

      (3)(c)  A person who is the surviving spouse of a deceased   41           

person who was permanently and totally disabled or sixty-five      42           

years of age or older and who applied and qualified for a          43           

reduction in taxes under this division in the year of death,       44           

provided the surviving spouse is at least fifty-nine but not       45           

sixty-five or more years of age on the date the deceased spouse    46           

dies.                                                                           

      (2)  Real property taxes on a homestead owned and occupied   48           

                                                          2      


                                                                 
by a person to whom this division (A) OF THIS SECTION applies      50           

shall be further reduced for each year for which the owner         51           

obtains a certificate of reduction from the county auditor under   52           

section 323.154 of the Revised Code.  The reduction shall equal    53           

the amount obtained by multiplying the tax rate for the tax year   54           

for which the certificate is issued by the reduction in taxable    55           

value shown in the following schedule:                             56           

                                      Reduce Taxable Value         58           

       Total Income                    by the Lesser of:           60           

$10,800 11,900 or less          $5,000 or seventy-five per cent    63           

More than $10,800 11,900        $3,000 or sixty per cent           67           

   but not more than                                                            

   $15,800 17,500                                                  66           

More than $15,800 17,500        $1,000 or twenty-five per cent     70           

   but not more than                                                            

   $20,800 23,000                                                               

More than $20,800 23,000                       -0-                 72           

      (3)  EACH CALENDAR YEAR BEGINNING IN 1999, THE TAX           76           

COMMISSIONER SHALL ADJUST THE FOREGOING SCHEDULE BY COMPLETING     77           

THE FOLLOWING STEPS:                                                            

      (a)  DETERMINE THE PERCENTAGE INCREASE IN THE GROSS          79           

DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC     80           

ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE      83           

FIRST DAY OF JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY   84           

OF JUNE OF THE CURRENT CALENDAR YEAR;                              86           

      (b)  MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL  89           

INCOME AMOUNTS FOR THE CURRENT TAX YEAR;                                        

      (c)  ADD THE RESULTING PRODUCT TO EACH OF THE TOTAL INCOME   92           

AMOUNTS FOR THE CURRENT TAX YEAR;                                               

      (d)  ROUND THE RESULTING SUM TO THE NEAREST MULTIPLE OF ONE  95           

HUNDRED DOLLARS.                                                                

      THE COMMISSIONER SHALL CERTIFY THE AMOUNTS RESULTING FROM    97           

THE ADJUSTMENT TO EACH COUNTY AUDITOR NOT LATER THAN THE FIRST     98           

DAY OF DECEMBER EACH YEAR.  THE CERTIFIED AMOUNTS APPLY TO THE     100          

                                                          3      


                                                                 
FOLLOWING TAX YEAR.  THE COMMISSIONER SHALL NOT MAKE THE           101          

ADJUSTMENT IN ANY CALENDAR YEAR IN WHICH THE AMOUNTS RESULTING     102          

FROM THE ADJUSTMENT WOULD BE LESS THAN THE TOTAL INCOME AMOUNTS    103          

FOR THE CURRENT TAX YEAR.                                                       

      (B)  Real property taxes on any homestead, and manufactured  105          

home taxes on any manufactured or mobile home on which a           106          

manufactured home tax is assessed pursuant to division (D)(2) of   107          

section 4503.06 of the Revised Code, shall be reduced for each     108          

year for which the owner obtains a certificate of reduction from   110          

the county auditor under section 323.154 of the Revised Code.      111          

The amount of the reduction shall equal one-fourth of the amount   112          

by which the taxes charged and payable on the homestead or the     113          

manufactured or mobile home are reduced for such year under        114          

section 319.302 of the Revised Code.                               115          

      (C)  The reductions granted by this section do not apply to  117          

special assessments or respread of assessments levied against the  118          

homestead, and if there is a transfer of ownership subsequent to   119          

the filing of an application for a reduction in taxes, such        120          

reductions are not forfeited for such year by virtue of such       121          

transfer.                                                          122          

      (D)  The reductions in taxable value referred to in this     124          

section shall be applied solely as a factor for the purpose of     125          

computing the reduction of taxes under this section and shall not  126          

affect the total value of property in any subdivision or taxing    127          

district as listed and assessed for taxation on the tax lists and  128          

duplicates, or any direct or indirect limitations on indebtedness  129          

of a subdivision or taxing district.  If after application of      130          

sections 5705.31 and 5705.32 of the Revised Code, including the    131          

allocation of all levies within the ten-mill limitation to debt    132          

charges to the extent therein provided, there would be             133          

insufficient funds for payment of debt charges not provided for    134          

by levies in excess of the ten-mill limitation, the reduction of   135          

taxes provided for in sections 323.151 to 323.157 of the Revised   136          

Code, shall be proportionately adjusted to the extent necessary    137          

                                                          4      


                                                                 
to provide such funds from levies within the ten-mill limitation.  138          

      (E)  No reduction shall be made on the taxes due on the      140          

homestead of any person convicted of violating division (C) or     141          

(D) of section 323.153 of the Revised Code for a period of three   142          

years following the conviction.                                    143          

      Sec. 4503.065.  (A)  This section applies to any of the      152          

following:                                                                      

      (A)(1)  An individual who is permanently and totally         154          

disabled;                                                                       

      (B)(2)  An individual who is sixty-five years of age or      156          

older;                                                                          

      (C)(3)  An individual who is the surviving spouse of a       158          

deceased person who was permanently and totally disabled or        159          

sixty-five years of age or older and who applied and qualified     160          

for a reduction in assessable value under this section in the      161          

year of death, provided the surviving spouse is at least           162          

fifty-nine but not sixty-five or more years of age on the date     163          

the deceased spouse dies.                                          164          

      (B)(1)  The manufactured home tax on a manufactured or       167          

mobile home that is paid pursuant to division (C) of section       168          

4503.06 of the Revised Code and that is owned and occupied as a    169          

home by an individual whose domicile is in this state and to whom  170          

this section applies, shall be reduced for any tax year for which  171          

the owner obtains a certificate of reduction from the county       172          

auditor under section 4503.067 of the Revised Code, provided the   173          

individual did not acquire ownership from a person, other than     174          

the individual's spouse, related by consanguinity or affinity for  176          

the purpose of qualifying for the reduction in assessable value.   177          

An owner includes a settlor of a revocable inter vivos trust       178          

holding the title to a manufactured or mobile home occupied by     179          

the settlor as of right under the trust.  The reduction shall      180          

equal the amount obtained by multiplying the tax rate for the tax  181          

year for which the certificate is issued by the reduction in       182          

assessable value shown in the following schedule.                  183          

                                                          5      


                                                                 
                              Reduce Assessable Value              185          

      Total Income               by the Lesser of:                 186          

                               Column A     Column B               187          

$10,800 11,900 or less       $5,000 or seventy-five per cent       190          

More than $10,800 11,900                                           191          

but not more than $15,800                                          192          

17,500                       $3,000 or sixty per cent              193          

More than $15,800 17,500                                           194          

but not more than $20,800                                          195          

23,000                       $1,000 or twenty-five per cent        196          

More than $20,800 23,000     -0-                                   198          

      (2)  EACH CALENDAR YEAR BEGINNING IN 1999, THE TAX           201          

COMMISSIONER SHALL ADJUST THE FOREGOING SCHEDULE BY COMPLETING     202          

THE FOLLOWING STEPS:                                               203          

      (a)  DETERMINE THE PERCENTAGE INCREASE IN THE GROSS          205          

DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC     206          

ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE      209          

FIRST DAY OF JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY   210          

OF JUNE OF THE CURRENT CALENDAR YEAR;                              212          

      (b)  MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL  215          

INCOME AMOUNTS FOR THE ENSUING TAX YEAR;                                        

      (c)  ADD THE RESULTING PRODUCT TO EACH OF THE TOTAL INCOME   218          

AMOUNTS FOR THE ENSUING TAX YEAR;                                               

      (d)  ROUND THE RESULTING SUM TO THE NEAREST MULTIPLE OF ONE  221          

HUNDRED DOLLARS.                                                                

      THE COMMISSIONER SHALL CERTIFY THE AMOUNTS RESULTING FROM    223          

THE ADJUSTMENT TO EACH COUNTY AUDITOR NOT LATER THAN THE FIRST     224          

DAY OF DECEMBER EACH YEAR.  THE CERTIFIED AMOUNTS APPLY TO THE     226          

SECOND ENSUING TAX YEAR.  THE COMMISSIONER SHALL NOT MAKE THE      227          

ADJUSTMENT IN ANY CALENDAR YEAR IN WHICH THE AMOUNTS RESULTING     228          

FROM THE ADJUSTMENT WOULD BE LESS THAN THE TOTAL INCOME AMOUNTS    229          

FOR THE ENSUING TAX YEAR.                                                       

      (C)  If the owner or the spouse of the owner of a            231          

manufactured or mobile home is eligible for a homestead exemption  233          

                                                          6      


                                                                 
on the land upon which the home is located, the reduction in       234          

assessable value to which the owner or spouse is entitled under    235          

this section shall not exceed the difference between the           237          

reduction in assessable value to which the owner or spouse is      238          

entitled under column A of the above schedule and the amount of    239          

the reduction in taxable value that was used to compute the                     

homestead exemption.                                               240          

      (D)  No reduction shall be made on the assessable value of   242          

the home of any person convicted of violating division (C) or (D)  244          

of section 4503.066 of the Revised Code for a period of three      245          

years following the conviction.                                                 

      Section 2.  That existing sections 323.152 and 4503.065 of   247          

the Revised Code are hereby repealed.                              248          

      Section 3.  (A)  The amendments made by this act to          250          

division (A) of section 323.152 of the Revised Code first apply    251          

to tax year 1999.  A person whose homestead first becomes          252          

eligible for the reduction in taxable value or is entitled to an   253          

increased reduction under that division for tax year 1999 because  254          

of the amendments made to that division may apply for the          255          

reduction or increase therein for that year not later than 90      256          

days after the effective date of this section, notwithstanding     257          

filing requirements to the contrary under division (A)(3) of       258          

section 323.153 of the Revised Code.                                            

      (B)  The amendments made by this act to section 4503.065 of  260          

the Revised Code first apply to tax year 2000.  A person whose     261          

manufactured or mobile home first becomes eligible for the         262          

reduction in assessable value or is entitled to an increased       263          

reduction under that section for tax year 2000 because of the      264          

amendments made to that section may apply for the reduction or     265          

increase therein for that year not later than 90 days after the    266          

effective date of this section, notwithstanding the filing         267          

requirements to the contrary under division (A)(2) of section      268          

4503.066 of the Revised Code.                                      269