REPRESENTATIVES Trakas, Calvert, Koziura, Carano, Aslanides, S. Patton, Miller, D. Stewart, Reidelbach, J. Stewart, G. Smith, Otterman, Seitz, Beatty, Blasdel, Buehrer, Callender, Cates, Collier, Domenick, C. Evans, D. Evans, Flowers, Grendell, Hagan, Hartnett, Hoops, Jolivette, Niehaus, T. Patton, Peterson, Redfern, Schaffer, Schmidt, Schneider, Setzer, Taylor, Woodard, Young

To amend sections 135.22, 135.341, 135.35, 319.302,

1

321.24, 321.46, 323.121, 323.31, 4503.06, 5713.20,

2

5719.051, 5721.10, 5721.30, 5721.31, 5721.32,

3

5721.33, 5721.34, 5721.37, 5721.38, 5721.39,

4

5721.40, and 5721.41 and to enact sections 321.47

5

and 5721.43 of the Revised Code to establish

6

procedures for suspending the investment and

7

portfolio management authority of a county

8

treasurer who fails to meet the initial or

9

continuing education requirements and transfer

10

this authority to a county's investment advisory

11

committee, to modify the investment authority of

12

county treasurers, specify when penalties may be

13

imposed on property subject to delinquent tax

14

contracts, modify the authority of a county

15

treasurer to compensate tax collectors of personal

16

property taxes, modify procedures for the sale and

17

redemption of tax certificates, prohibit certain

18

contacts between tax certificate holders and

19

property owners, and make other changes related to

20

the administration of laws relating to real

21

property, public utility property, and

22

manufactured home taxes.

23

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

Section 1. That sections 135.22, 135.341, 135.35, 319.302,	24
321.24, 321.46, 323.121, 323.31, 4503.06, 5713.20, 5719.051,	25
5721.10, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34, 5721.37,	26
5721.38, 5721.39, 5721.40, and 5721.41 be amended and sections	27
321.47 and 5721.43 of the Revised Code be enacted to read as	28
follows:	29

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

30

(1) "Treasurer" has the same meaning as in section 135.01 of	31
the Revised Code, but does not include a county treasurer or the	32
treasurer of state. "Treasurer" includes any person whose duties	33
include making investment decisions with respect to the investment	34
or deposit of interim moneys.	35

(2) "Subdivision" has the same meaning as in section 135.01	36
of the Revised Code.	37

(B) To enhance the background and working knowledge of	38
treasurers in investments, cash management, and ethics, the	39
treasurer of state shall provide annual continuing education	40
programs for treasurers. A treasurer annually shall complete the	41
continuing education programs described in this section, unless	42
the treasurer annually provides a notice of exemption described in	43
division (E) of this section.	44

(C) The treasurer of state shall determine the manner,	45
content, and length of the continuing education programs after	46
consultation with appropriate statewide organizations of local	47
government officials.	48

(D) Upon successful completion of a continuing education	49
program required by this section, the treasurer of state shall	50
issue a certificate indicating that the treasurer has successfully	51
completed the continuing education program prescribed by the	52
treasurer of state. The treasurer of state shall forward to the	53
auditor of state any certificates issued pursuant to this division	54
by the treasurer of state. The auditor of state shall maintain in	55
the auditor's records any certificates forwarded by the treasurer	56
of state pursuant to this division. As part of the auditor of	57
state's audit of the subdivision conducted in accordance with	58
section 117.11 of the Revised Code, the auditor of state shall	59
report whether the treasurer is in compliance with this section of	60
the Revised Code.	61

(E) Division (B) of this section does not apply to any	62
treasurer who annually provides a notice of exemption to the	63
auditor of state. The notice shall be certified by the treasurer	64
of state and shall provide that the treasurer is not subject to	65
the continuing education requirements set forth in division (B) of	66
this section, because the treasurer invests or deposits public	67
moneys in the following investments only:	68

(1) Interim deposits pursuant to division (B)(3) of section	69
135.14 of the Revised Code;	70

(2) No-load money market mutual funds pursuant to division	71
(B)(5) of section 135.14 of the Revised Code;	72

(3) The Ohio subdivision's fund pursuant to division (B)(6)	73
of section 135.14 of the Revised Code.	74

(F) In carrying out the duties required by this section, the	75
treasurer of state may charge the subdivision served by the	76
treasurer a registration fee that will meet actual and necessary	77
expenses in connection with the training of the treasurer,	78
including instruction fees, site acquisition costs, and the cost	79
of course materials. Any necessary personal expenses of a	80
treasurer incurred as a result of attending the continuing	81
education courses shall be borne by the subdivision represented by	82
the treasurer.	83

(G) The treasurer of state may allow any other interested	84
person to attend any of the continuing education programs that are	85
held pursuant to this section, provided that before attending any	86
such continuing education program, the interested person has paid	87
to the treasurer of state the full registration fee set for the	88
continuing education program.	89

(H) All funds collected pursuant to this section shall be	90
paid into the county treasurer education fund created pursuant to	91
section 321.46 of the Revised Code, and the actual and necessary	92
expenses of the treasurer of state in conducting the continuing	93
education programs required by this section shall be paid from	94
this fund.	95

(I) The treasurer of state may adopt reasonable rules not	96
inconsistent with this section for the implementation of this	97
section.	98

Sec. 135.341.  (A) There shall be a county investment	99
advisory committee consisting of three members: two county	100
commissioners to be designated by the board of county	101
commissioners, and the county treasurer.	102

Notwithstanding the preceding sentence, the board of county	103
commissioners may declare that all three county commissioners	104
shall serve on the county investment advisory committee. If the	105
board so declares, the county investment advisory committee shall	106
consist of five members: the three county commissioners, the	107
county treasurer, and the clerk of the court of common pleas of	108
the county.	109

(B) The committee shall elect its own chairperson, and	110
committee members shall receive no additional compensation for the	111
performance of their duties as committee members.	112

(C) The committee shall establish written county investment	113
policies and shall meet at least once every three months, to	114
review or revise its policies and to advise the investing	115
authority on the county investments in order to ensure the best	116
and safest return of funds available to the county for deposit or	117
investment. Any member of the county investment advisory	118
committee, upon giving five days' notice, may call a meeting of	119
the committee. The committee's policies may establish a limit on	120
the period of time that moneys may be invested in any particular	121
type of investment.	122

(D) The committee is authorized to retain the services of an	123
investment advisor, provided that the advisor is licensed by the	124
division of securities under section 1707.141 of the Revised Code	125
or is registered with the securities and exchange commission, and	126
possesses public funds investment management experience,	127
specifically in the area of state and local government investment	128
portfolios, or the advisor is an eligible institution mentioned in	129
section 135.03 of the Revised Code.	130

(E) The committee shall act as the investing authority in	131
place of the treasurer for purposes of investing county funds and	132
managing the county portfolio when this authority is transferred	133
to it pursuant to divisions (E)(1) and (F)(2) of section 321.46 of	134
the Revised Code or when ordered to do so by a court pursuant to	135
section 321.47 of the Revised Code. For these purposes, the	136
committee shall retain the services of an investment advisor	137
described in division (D) of this section.	138

(F) Nothing in this section affects the authority of any of	139
the officers mentioned in section 325.27 of the Revised Code to	140
contract for the services of fiscal and management consultants	141
pursuant to section 325.17 of the Revised Code.	142

Sec. 135.35.  (A) The investing authority shall deposit or	143
invest any part or all of the county's inactive moneys and shall	144
invest all of the money in the county library and local government	145
support fund when required by section 135.352 of the Revised Code.	146
The following classifications of securities and obligations are	147
eligible for such deposit or investment:	148

(1) United States treasury bills, notes, bonds, or any other	149
obligation or security issued by the United States treasury or,	150
any other obligation guaranteed as to principal or interest by the	151
United States, or any book entry, zero-coupon United States	152
treasury security that is a direct obligation of the United	153
States.	154

Nothing in the classification of eligible securities and	155
obligations set forth in division (A)(1) of this section or in the	156
classifications of eligible securities and obligations set forth	157
in divisions (A)(2) to (8)(11) of this section shall be construed	158
to authorize any investment in stripped principal or interest	159
obligations of such eligible securities and obligations.	160

(2) Bonds, notes, debentures, or any other obligations or	161
securities issued by any federal government agency or	162
instrumentality, including but not limited to, the federal	163
national mortgage association, federal home loan bank, federal	164
farm credit bank, federal home loan mortgage corporation,	165
government national mortgage association, and student loan	166
marketing association. All federal agency securities shall be	167
direct issuances of federal government agencies or	168
instrumentalities.	169

(3) Time certificates of deposit or savings or deposit	170
accounts, including, but not limited to, passbook accounts, in any	171
eligible institution mentioned in section 135.32 of the Revised	172
Code;	173

(4) Bonds and other obligations of this state or the	174
political subdivisions of this state, provided that such political	175
subdivisions are located wholly or partly within the same county	176
as the investing authority;	177

(5) No-load money market mutual funds consisting exclusively	178
of obligations described in division (A)(1) or (2) of this section	179
and repurchase agreements secured by such obligations, provided	180
that investments in securities described in this division are made	181
only through eligible institutions mentioned in section 135.32 of	182
the Revised Code;	183

(6) The Ohio subdivision's fund as provided in section 135.45	184
of the Revised Code;	185

(7) Securities lending agreements with any eligible	186
institution mentioned in section 135.32 of the Revised Code that	187
is a member of the federal reserve system or federal home loan	188
bank, under the terms of which agreements the investing authority	189
lends securities and the eligible institution agrees to	190
simultaneously exchange either securities described in division	191
(A)(1) or (2) of this section or cash or both securities and cash,	192
equal value for equal value;	193

(8) Up to twenty-five per cent of the county's total average	194
portfolio in either of the following investments:	195

(a) Commercial paper notes issued by an entity that is	196
defined in division (D) of section 1705.01 of the Revised Code and	197
that has assets exceeding five hundred million dollars, to which	198
notes all of the following apply:	199

(i) The notes are rated at the time of purchase in the	200
highest classification established by at least two nationally	201
recognized standard rating services.	202

(ii) The aggregate value of the notes does not exceed ten per	203
cent of the aggregate value of the outstanding commercial paper of	204
the issuing corporation.	205

(iii) The notes mature not later than onetwo hundred eighty	206
seventy days after purchase.	207

(b) Bankers acceptances of banks that are insured by the	208
federal deposit insurance corporation and to which both of the	209
following apply:	210

(i) The obligations are eligible for purchase by the federal	211
reserve system.	212

(ii) The obligations mature not later than one hundred eighty	213
days after purchase.	214

No investment shall be made pursuant to division (A)(8) of	215
this section unless the investing authority has completed	216
additional training for making the investments authorized by	217
division (A)(8) of this section. The type and amount of additional	218
training shall be approved by the auditor of state and may be	219
conducted by or provided under the supervision of the auditor of	220
state.	221

(9) Up to fifteen per cent of the county's total average	222
portfolio in notes issued by corporations that are incorporated	223
under the laws of the United States and that are operating within	224
the United States, or by depository institutions that are doing	225
business under authority granted by the United States or any state	226
and that are operating within the United States, provided both of	227
the following apply:	228

(a) The notes are rated in the second highest or higher	229
category by at least two nationally recognized standard rating	230
services at the time of purchase.	231

(b) The notes mature not later than two years after purchase.

232

(10) No-load money market mutual funds rated in the highest	233
category at the time of purchase by at least one nationally	234
recognized standard rating service and consisting exclusively of	235
obligations described in division (A)(1), (2), or (6) of section	236
135.143 of the Revised Code;	237

(11) Debt interests rated at the time of purchase in the	238
three highest categories by two nationally recognized standard	239
rating services and issued by foreign nations diplomatically	240
recognized by the United States government. All interest and	241
principal shall be denominated and payable in United States funds.	242
The investments made under division (A)(11) of this section shall	243
not exceed in the aggregate one per cent of a county's total	244
average portfolio.	245

The investing authority shall invest under division (A)(11)	246
of this section in a debt interest issued by a foreign nation only	247
if the debt interest is backed by the full faith and credit of	248
that foreign nation, there is no prior history of default, and the	249
debt interest matures not later than five years after purchase.	250
For purposes of division (A)(11) of this section, a debt interest	251
is rated in the three highest categories by two nationally	252
recognized standard rating services if either the debt interest	253
itself or the issuer of the debt interest is rated, or is	254
implicitly rated, at the time of purchase in the three highest	255
categories by two nationally recognized standard rating services.	256

(B) Nothing in the classifications of eligible obligations	257
and securities set forth in divisions (A)(1) to (8)(11) of this	258
section shall be construed to authorize investment in a	259
derivative, and no investing authority shall invest any county	260
inactive moneys or any moneys in a county library and local	261
government support fund in a derivative. For purposes of this	262
division, "derivative" means a financial instrument or contract or	263
obligation whose value or return is based upon or linked to	264
another asset or index, or both, separate from the financial	265
instrument, contract, or obligation itself. Any security,	266
obligation, trust account, or other instrument that is created	267
from an issue of the United States treasury or is created from an	268
obligation of a federal agency or instrumentality or is created	269
from both is considered a derivative instrument. An eligible	270
investment described in this section with a variable interest rate	271
payment, based upon a single interest payment or single index	272
comprised of other eligible investments provided for in division	273
(A)(1) or (2) of this section, is not a derivative, provided that	274
such variable rate investment has a maximum maturity of two years.	275
A treasury inflation-protected security shall not be considered a	276
derivative, provided the security matures not later than five	277
years after purchase.	278

(C) Except as provided in division (D) of this section, any	279
investment made pursuant to this section must mature within five	280
years from the date of settlement, unless the investment is	281
matched to a specific obligation or debt of the county or to a	282
specific obligation or debt of a political subdivision of this	283
state located wholly or partly within the county, and the	284
investment is specifically approved by the investment advisory	285
committee.	286

(D) The investing authority may also enter into a written	287
repurchase agreement with any eligible institution mentioned in	288
section 135.32 of the Revised Code or any eligible securities	289
dealer pursuant to division (J) of this section, under the terms	290
of which agreement the investing authority purchases and the	291
eligible institution or dealer agrees unconditionally to	292
repurchase any of the securities listed in divisions (B)(1) to	293
(5), except letters of credit described in division (B)(2), of	294
section 135.18 of the Revised Code. The market value of securities	295
subject to an overnight written repurchase agreement must exceed	296
the principal value of the overnight written repurchase agreement	297
by at least two per cent. A written repurchase agreement must	298
exceed the principal value of the overnight written repurchase	299
agreement, by at least two per cent. A written repurchase	300
agreement shall not exceed thirty days, and the market value of	301
securities subject to a written repurchase agreement must exceed	302
the principal value of the written repurchase agreement by at	303
least two per cent and be marked to market daily. All securities	304
purchased pursuant to this division shall be delivered into the	305
custody of the investing authority or the qualified custodian of	306
the investing authority or an agent designated by the investing	307
authority. A written repurchase agreement with an eligible	308
securities dealer shall be transacted on a delivery versus payment	309
basis. The agreement shall contain the requirement that for each	310
transaction pursuant to the agreement the participating	311
institution shall provide all of the following information:	312

(1) The par value of the securities;

313

(2) The type, rate, and maturity date of the securities;

314

(3) A numerical identifier generally accepted in the	315
securities industry that designates the securities.	316

No investing authority shall enter into a written repurchase	317
agreement under the terms of which the investing authority agrees	318
to sell securities owned by the county to a purchaser and agrees	319
with that purchaser to unconditionally repurchase those	320
securities.	321

(E) No investing authority shall make an investment under	322
this section, unless the investing authority, at the time of	323
making the investment, reasonably expects that the investment can	324
be held until its maturity. The investing authority's written	325
investment policy shall specify the conditions under which an	326
investment may be redeemed or sold prior to maturity.	327

(F) No investing authority shall pay a county's inactive	328
moneys or moneys of a county library and local government support	329
fund into a fund established by another subdivision, treasurer,	330
governing board, or investing authority, if that fund was	331
established by the subdivision, treasurer, governing board, or	332
investing authority for the purpose of investing or depositing the	333
public moneys of other subdivisions. This division does not apply	334
to the payment of public moneys into either of the following:	335

(1) The Ohio subdivision's fund pursuant to division (A)(6)	336
of this section;	337

(2) A fund created solely for the purpose of acquiring,	338
constructing, owning, leasing, or operating municipal utilities	339
pursuant to the authority provided under section 715.02 of the	340
Revised Code or Section 4 of Article XVIII, Ohio Constitution.	341

For purposes of division (F) of this section, "subdivision"	342
includes a county.	343

(G) The use of leverage, in which the county uses its current	344
investment assets as collateral for the purpose of purchasing	345
other assets, is prohibited. The issuance of taxable notes for the	346
purpose of arbitrage is prohibited. Contracting to sell securities	347
not owned by the county, for the purpose of purchasing such	348
securities on the speculation that bond prices will decline, is	349
prohibited.	350

(H) Any securities, certificates of deposit, deposit	351
accounts, or any other documents evidencing deposits or	352
investments made under authority of this section shall be issued	353
in the name of the county with the county treasurer or investing	354
authority as the designated payee. If any such deposits or	355
investments are registrable either as to principal or interest, or	356
both, they shall be registered in the name of the treasurer.	357

(I) The investing authority shall be responsible for the	358
safekeeping of all documents evidencing a deposit or investment	359
acquired under this section, including, but not limited to,	360
safekeeping receipts evidencing securities deposited with a	361
qualified trustee, as provided in section 135.37 of the Revised	362
Code, and documents confirming the purchase of securities under	363
any repurchase agreement under this section shall be deposited	364
with a qualified trustee, provided, however, that the qualified	365
trustee shall be required to report to the investing authority,	366
auditor of state, or an authorized outside auditor at any time	367
upon request as to the identity, market value, and location of the	368
document evidencing each security, and that if the participating	369
institution is a designated depository of the county for the	370
current period of designation, the securities that are the subject	371
of the repurchase agreement may be delivered to the treasurer or	372
held in trust by the participating institution on behalf of the	373
investing authority.	374

Upon the expiration of the term of office of an investing	375
authority or in the event of a vacancy in the office for any	376
reason, the officer or the officer's legal representative shall	377
transfer and deliver to the officer's successor all documents	378
mentioned in this division for which the officer has been	379
responsible for safekeeping. For all such documents transferred	380
and delivered, suchthe officer shall be credited with, and the	381
officer's successor shall be charged with, the amount of moneys so	382
evidenced by such documents.	383

(J)(1) All investments, except for investments in securities	384
described in divisions (A)(5) and (6) of this section, shall be	385
made only through a member of the national association of	386
securities dealers, through a bank, savings bank, or savings and	387
loan association regulated by the superintendent of financial	388
institutions, or through an institution regulated by the	389
comptroller of the currency, federal deposit insurance	390
corporation, or board of governors of the federal reserve system.	391

(2) Payment for investments shall be made only upon the	392
delivery of securities representing such investments to the	393
treasurer, investing authority, or qualified trustee. If the	394
securities transferred are not represented by a certificate,	395
payment shall be made only upon receipt of confirmation of	396
transfer from the custodian by the treasurer, governing board, or	397
qualified trustee.	398

(K)(1) Except as otherwise provided in division (K)(2) of	399
this section, no investing authority shall make an investment or	400
deposit under this section, unless there is on file with the	401
auditor of state a written investment policy approved by the	402
investing authority. The policy shall require that all entities	403
conducting investment business with the investmentinvesting	404
authority shall sign the investment policy of that investment	405
investing authority. All brokers, dealers, and financial	406
institutions, described in division (J)(1) of this section,	407
initiating transactions with the investmentinvesting authority by	408
giving advice or making investment recommendations shall sign the	409
investmentinvesting authority's investment policy thereby	410
acknowledging their agreement to abide by the policy's contents.	411
All brokers, dealers, and financial institutions, described in	412
division (J)(1) of this section, executing transactions initiated	413
by the investmentinvesting authority, having read the policy's	414
contents, shall sign the investment policy thereby acknowledging	415
their comprehension and receipt.	416

(2) If a written investment policy described in division	417
(K)(1) of this section is not filed on behalf of the county with	418
the auditor of state, the investing authority of that county shall	419
invest the county's inactive moneys and moneys of the county	420
library and local government support fund only in time	421
certificates of deposits or savings or deposit accounts pursuant	422
to division (A)(3) of this section, no-load money market mutual	423
funds pursuant to division (A)(5) of this section, or the Ohio	424
subdivision's fund pursuant to division (A)(6) of this section.	425

(L)(1) The investing authority shall establish and maintain	426
an inventory of all obligations and securities acquired by the	427
investing authority pursuant to this section. The inventory shall	428
include a description of each obligation or security, including	429
type, cost, par value, maturity date, settlement date, and any	430
coupon rate.	431

(2) The investing authority shall also keep a complete record	432
of all purchases and sales of the obligations and securities made	433
pursuant to this section.	434

(3) The investing authority shall maintain a monthly	435
portfolio report and issue a copy of the monthly portfolio report	436
describing such investments to the county investment advisory	437
committee, detailing the current inventory of all obligations and	438
securities, all transactions during the month that affected the	439
inventory, any income received from the obligations and	440
securities, and any investment expenses paid, and stating the	441
names of any persons effecting transactions on behalf of the	442
investing authority.	443

(4) The monthly portfolio report shall be a public record and	444
available for inspection under section 149.43 of the Revised Code.	445

(5) The inventory and the monthly portfolio report shall be	446
filed with the board of county commissioners.	447

(M) An investing authority may enter into a written	448
investment or deposit agreement that includes a provision under	449
which the parties agree to submit to nonbinding arbitration to	450
settle any controversy that may arise out of the agreement,	451
including any controversy pertaining to losses of public moneys	452
resulting from investment or deposit. The arbitration provision	453
shall be set forth entirely in the agreement, and the agreement	454
shall include a conspicuous notice to the parties that any party	455
to the arbitration may apply to the court of common pleas of the	456
county in which the arbitration was held for an order to vacate,	457
modify, or correct the award. Any such party may also apply to the	458
court for an order to change venue to a court of common pleas	459
located more than one hundred miles from the county in which the	460
investing authority is located.	461

For purposes of this division, "investment or deposit	462
agreement" means any agreement between an investing authority and	463
a person, under which agreement the person agrees to invest,	464
deposit, or otherwise manage, on behalf of the investing	465
authority, a county's inactive moneys or moneys in a county	466
library and local government support fund, or agrees to provide	467
investment advice to the investing authority.	468

(N) An investment held in the county portfolio on September	469
27, 1996, that was a legal investment under the law as it existed	470
before September 27, 1996, may be held until maturity, or if the	471
investment does not have a maturity date the investment may be	472
held until five years from September 27, 1996, regardless of	473
whether the investment would qualify as a legal investment under	474
the terms of this section as amended.	475

Sec. 319.302.  After complying with section 319.301 of the	476
Revised Code, the county auditor shall reduce the remaining sums	477
to be levied against each parcel of real property listed on the	478
general tax list and duplicate of real and public utility property	479
for the current tax year, and against each manufactured and mobile	480
home that is taxed pursuant to division (D)(2) of section 4503.06	481
of the Revised Code and that is on the manufactured home tax list	482
for the current tax year, by ten per cent. Except as otherwise	483
provided in sections 323.152, 323.158, 505.06, and 715.263 of the	484
Revised Code, the amount of the taxes remaining after such	485
reduction shall be the real and public utility property taxes	486
charged and payable, and the manufactured home tax charged and	487
payable, on each property and shall be the amounts certified to	488
the county treasurer for collection. Upon receipt of the tax	489
duplicate, the treasurer shall certify to the tax commissioner the	490
total amount by which such taxes were reduced under this section,	491
as shown on the duplicate. Such reduction shall not directly or	492
indirectly affect the determination of the principal amount of	493
notes that may be issued in anticipation of any tax levies or the	494
amount of bonds or notes for any planned improvements. If after	495
application of sections 5705.31 and 5705.32 of the Revised Code	496
and other applicable provisions of law, including division	497
divisions (F) and (I) of section 321.24 of the Revised Code, there	498
would be insufficient funds for payment of debt charges on bonds	499
or notes payable from taxes reduced by this section, the reduction	500
of taxes provided for in this section shall be adjusted to the	501
extent necessary to provide funds from such taxes.	502

Sec. 321.24.  (A) On or before the fifteenth day of February,	503
in each year, the county treasurer shall settle with the county	504
auditor for all taxes and assessments that the treasurer has	505
collected on the general duplicate of real and public utility	506
property at the time of making the settlement.	507

(B) On or before the thirtieth day of June, in each year, the	508
treasurer shall settle with the auditor for all advance payments	509
of general personal and classified property taxes that the	510
treasurer has received at the time of making the settlement.	511

(C) On or before the tenth day of August, in each year, the	512
treasurer shall settle with the auditor for all taxes and	513
assessments that the treasurer has collected on the general	514
duplicates of real and public utility property at the time of	515
making such settlement, not included in the preceding February	516
settlement.	517

(D) On or before the thirty-first day of October, in each	518
year, the treasurer shall settle with the auditor for all taxes	519
that the treasurer has collected on the general personal and	520
classified property duplicates, and for all advance payments of	521
general personal and classified property taxes, not included in	522
the preceding June settlement, that the treasurer has received at	523
the time of making such settlement.	524

(E) In the event the time for the payment of taxes is	525
extended, pursuant to section 323.17 of the Revised Code, the date	526
on or before which settlement for the taxes so extended must be	527
made, as herein prescribed, shall be deemed to be extended for a	528
like period of time. At each such settlement, the auditor shall	529
allow to the treasurer, on the moneys received or collected and	530
accounted for by the treasurer, the treasurer's fees, at the rate	531
or percentage allowed by law, at a full settlement of the	532
treasurer.	533

(F) Within thirty days after the day of each settlement of	534
taxes required under divisions (A) and (C) of this section, the	535
treasurer shall certify to the tax commissioner any adjustments	536
which have been made to the amount certified previously pursuant	537
to section 319.302 of the Revised Code and that the settlement has	538
been completed. Upon receipt of such certification, the	539
commissioner shall provide for payment to the county treasurer	540
from the general revenue fund of an amount equal to one-half of	541
the amount certified by the treasurer in the preceding tax year	542
under section 319.302 of the Revised Code. Such payment shall be	543
credited upon receipt to the county's undivided income tax fund,	544
and the county auditor shall transfer to the county general fund	545
from the amount thereof the total amount of all fees and charges	546
which the auditor and treasurer would have been authorized to	547
receive had such section not been in effect and that amount had	548
been levied and collected as taxes. The county auditor shall	549
distribute the amount remaining among the various taxing districts	550
in the county as if it had been levied, collected, and settled as	551
real property taxes.	552

(G) Within thirty days after the day of the settlement	553
required in division (D) of this section, the treasurer shall	554
certify to the commissioner that the settlement has been	555
completed. Upon receipt of that certification, the commissioner	556
shall provide for payment to the county treasurer from the general	557
revenue fund of the amount certified under section 319.311 of the	558
Revised Code in the current year. The payment shall be credited	559
upon receipt to the county's undivided income tax fund, and the	560
county auditor shall distribute the amount thereof among the	561
various taxing districts of the county as if it had been levied,	562
collected, and settled as personal property taxes. The amount	563
received by a taxing district under this division shall be	564
apportioned among its funds in the same proportion as the current	565
year's personal property taxes are apportioned.	566

(H)(1) On or before the fifteenth day of April each year, the	567
county treasurer shall settle with the county auditor for all	568
manufactured home taxes that the county treasurer has collected on	569
the manufactured home tax duplicate at the time of making the	570
settlement.	571

(2) On or before the fifteenth day of September each year,	572
the county treasurer shall settle with the county auditor for all	573
remaining manufactured home taxes that the county treasurer has	574
collected on the manufactured home tax duplicate at the time of	575
making the settlement.	576

(3) If the time for payment of such taxes is extended under	577
section 4503.06 of the Revised Code, the time for making the	578
settlement as prescribed by divisions (H)(1) and (2) of this	579
section is extended for a like period of time.	580

(I) Within thirty days after the day of each settlement of	581
taxes required under division (H) of this section, the county	582
treasurer shall certify to the tax commissioner any adjustments	583
that have been made to the amount certified previously pursuant to	584
section 319.302 of the Revised Code and that the settlement has	585
been completed. Upon receipt of such certification, the	586
commissioner shall provide for payment to the county treasurer	587
from the general revenue fund of an amount equal to one-half of	588
the amount certified by the treasurer in the current tax year	589
under section 319.302 of the Revised Code. Such payment shall be	590
credited upon receipt to the county's undivided income tax fund,	591
and the county auditor shall transfer to the county general fund	592
from the amount thereof the total amount of all fees and charges	593
that the auditor and treasurer would have been authorized to	594
receive had such section not been in effect and that amount had	595
been levied and collected as taxes. The county auditor shall	596
distribute the amount remaining among the various taxing districts	597
in the county as if it had been levied, collected, and settled as	598
manufactured home taxes.	599

Sec. 321.46.  (A) To enhance the background and working	600
knowledge of county treasurers in governmental accounting,	601
portfolio reporting and compliance, investments, and cash	602
management, the auditor of state and the treasurer of state shall	603
conduct education programs for persons elected for the first time	604
to the office of county treasurer and shall hold annualbiennial	605
continuing education programs for persons who continue to hold the	606
office of county treasurer. Education programs for newly elected	607
county treasurers shall be held between the first day of December	608
and the first Monday of September next following that person's	609
election to the office of county treasurer. Similar initial	610
training may also be provided to any county treasurer who is	611
appointed to fill a vacancy or who is elected at a special	612
election.	613

(B)(1) The auditor of state shall determine the manner and	614
content of the education programs in the subject areas of	615
governmental accounting and portfolio reporting and compliance. In	616
those areas, newly elected county treasurers shall be required to	617
take at least thirteen hours of education before taking office.	618

(2) The treasurer of state shall determine the manner and	619
content of the education programs in the subject areas of	620
investments and cash management. In those areas, newly elected	621
county treasurers shall be required to take at least thirteen	622
hours of education before taking office.	623

(3)(a) After completing one year in office, a county	624
treasurer shall be required to take not less than twelve	625
twenty-four hours annually of continuing education during each	626
biennial cycle. For purposes of division (B)(3)(a) of this	627
section, a biennial cycle for continuing education shall be every	628
two calendar years after the treasurer's first year in office. The	629
treasurer of state shall determine the manner and content of the	630
education programs in the subject areas of investments, cash	631
management, the collection of taxes, ethics, and any other subject	632
area that the treasurer of state determines is reasonably related	633
to the duties of the office of the county treasurer. The auditor	634
of state shall determine the manner and content of the education	635
programs in the subject areas of governmental accounting,	636
portfolio reporting and compliance, office management, and any	637
other subject area that the auditor of state determines is	638
reasonably related to the duties of the office of the county	639
treasurer.	640

(b) A county treasurer who accumulates more than twenty-four	641
hours of continuing education in a biennial cycle described in	642
division (B)(3)(a) of this section may credit the hours in excess	643
of twenty-four hours to the next biennial cycle. However,	644
regardless of the total number of hours earned, no more than six	645
hours in the education programs determined by the treasurer of	646
state pursuant to division (B)(3)(a) of this section and six hours	647
in the education programs determined by the auditor of state	648
pursuant to that division shall be carried over to the next	649
biennial cycle.	650

(C) The auditor of state and the treasurer of state may each	651
charge counties a registration fee that will meet actual and	652
necessary expenses of the training of county treasurers, including	653
instructor fees, site acquisition costs, and the cost of course	654
materials. The necessary personal expenses of county treasurers as	655
a result of attending the training programs shall be borne by the	656
counties the treasurers represent.	657

(D) The auditor of state and the treasurer of state may allow	658
any other interested person to attend any of the education	659
programs that are held pursuant to this section, provided that	660
before attending any such education program, the interested person	661
shall pay to either the auditor of state or the treasurer of	662
state, as appropriate, the full registration fee set for the	663
education program.	664

(E) A(1) If a county treasurer who fails to complete the	665
initial or continuing education programs required by this section	666
without a valid health-related excuse or other special hardship	667
shall be restricted to investing in the Ohio subdivision's fund	668
pursuant to division (A)(6) of section 135.35 of the Revised Code,	669
in no-load money market mutual funds pursuant to division (A)(5)	670
of section 135.35 of the Revised Code, or in time certificate of	671
deposits or deposit accounts pursuant to division (A)(3) of	672
section 135.35 of the Revised Code. A county treasurer who has	673
failed to complete the initial or continuing education programs	674
and invests in other than the investments permitted by this	675
division shall be subject to removal from office upon complaint	676
and investigation by the county prosecuting attorney, a hearing,	677
and a resolution adopted by the board of county commissioners	678
approving the removal from officebefore taking office, the	679
treasurer's authority to invest county funds and to manage the	680
county portfolio immediately is suspended, and this authority is	681
transferred to the county's investment advisory committee until	682
full compliance with the initial education programs is determined	683
by the treasurer of state.	684

(2) If a county treasurer fails to complete continuing	685
education programs as required by this section, the county	686
treasurer is subject to divisions (B) to (E) of section 321.47 of	687
the Revised Code, including possible suspension of the treasurer's	688
authority to invest county funds and to manage the county	689
portfolio and transfer of this authority to the county's	690
investment advisory committee.	691

(F)(1) Notwithstanding divisions (B) and (E) of this section,	692
a county treasurer who fails to complete the initial or continuing	693
education programs required by this section shall invest only in	694
the Ohio subdivisions fund pursuant to division (A)(6) of section	695
135.35 of the Revised Code, in no load money market mutual funds	696
pursuant to division (A)(5) of section 135.35 of the Revised Code,	697
or in time certificates of deposit or savings or deposit accounts	698
pursuant to division (A)(3) of section 135.35 of the Revised Code.	699

(2) A county treasurer who has failed to complete the initial	700
education programs required by this section and invests in other	701
than the investments permitted by division (F)(1) of this section	702
immediately shall have the county treasurer's authority to invest	703
county funds and to manage the county portfolio suspended, and	704
this authority shall be transferred to the county's investment	705
advisory committee until full compliance with the initial	706
education programs is determined by the treasurer of state.	707

(3) If a county treasurer fails to complete continuing	708
education programs required by this section and invests in other	709
than the investments permitted by division (F)(1) of this section,	710
the county treasurer is subject to divisions (B) to (E) of section	711
321.47 of the Revised Code, including possible suspension of the	712
treasurer's authority to invest county funds and to manage the	713
county portfolio and transfer of this authority to the county's	714
investment advisory committee.	715

(G)(1) There is hereby created in the state treasury the	716
county treasurer education fund, to be used by the treasurer of	717
state for actual and necessary expenses of education programs held	718
pursuant to this section and section 135.22 of the Revised Code.	719
All registration fees collected by the treasurer of state under	720
this section and section 135.22 of the Revised Code shall be paid	721
into that fund.	722

(2) All registration fees collected by the auditor of state	723
under this section shall be paid into the auditor of state	724
training program fund established under section 117.44 of the	725
Revised Code.	726

(G)(H) The treasurer of state, with the advice and consent of	727
the auditor of state, may adopt reasonable rules not inconsistent	728
with this section for the implementation of this section.	729

Sec. 321.47.  (A) By the fifteenth day of January following	730
completion of each biennial cycle described in division (B)(3)(a)	731
of section 321.46 of the Revised Code, the auditor of state shall	732
notify the treasurer of state of the continuing education hours	733
completed under the auditor of state's supervision by each county	734
treasurer for that biennial cycle pursuant to section 321.46 of	735
the Revised Code.	736

(B) By the thirty-first day of January following completion	737
of each biennial cycle described in division (B)(3)(a) of section	738
321.46 of the Revised Code, the treasurer of state shall determine	739
whether any county treasurer has failed to comply with the county	740
treasurer's continuing education requirements pursuant to section	741
321.46 of the Revised Code and, by certified mail, shall notify	742
any county treasurer who has not complied with the requirements.	743
The notice shall contain all of the following:	744

(1) Notification that the county treasurer is deficient in	745
continuing education hours;	746

(2) Notification that if the county treasurer believes the	747
treasurer of state's records are in error, the county treasurer	748
has one month to submit proof to the treasurer of state that the	749
county treasurer is in compliance with the continuing education	750
requirements;	751

(3) Notification that completion of the continuing education	752
requirements also may be obtained by attending courses approved by	753
the auditor of state or the treasurer of state, but that the	754
county treasurer must comply fully with the continuing education	755
requirements and that the treasurer of state must have proof of	756
full compliance by the last day of April following completion of	757
each biennial cycle;	758

(4) Notification that if the county treasurer has failed to	759
comply fully with the continuing education requirements by the	760
last day of April following completion of each biennial cycle, the	761
treasurer of state will notify the prosecuting attorney of that	762
treasurer's county of that fact immediately.	763

(C)(1) Upon receipt of the notice described in division	764
(B)(4) of this section, the prosecuting attorney shall petition	765
the court of common pleas of that county for an order suspending	766
the county treasurer's authority to invest county funds and to	767
manage the county investment portfolio. The petition shall contain	768
a brief statement of the facts and shall show that the county	769
treasurer has failed to comply with the continuing education	770
requirements of section 321.46 of the Revised Code. Before or	771
simultaneously with the filing of the petition, the prosecuting	772
attorney shall serve a copy of the petition upon the county	773
treasurer personally or by certified mail, together with a copy of	774
this section. Upon the filing of the petition, the court, on the	775
motion of the prosecuting attorney, shall enter an order fixing a	776
date for hearing not later than two weeks after the date of filing	777
and shall require that a copy of the order be given to the county	778
treasurer in the manner in which a summons is required to be	779
served or substituted service is required to be made in other	780
cases.	781

(2) On the date fixed for the hearing described in division	782
(C)(1) of this section, or any adjournment of it, the court shall	783
determine from the petition and evidence submitted by either party	784
whether the county treasurer has met the continuing education	785
requirements of section 321.46 of the Revised Code for the	786
preceding biennial cycle described in division (B)(3)(a) of	787
section 321.46 of the Revised Code. If the court finds that the	788
county treasurer has failed to meet these continuing education	789
requirements, it shall enter an order transferring the county	790
treasurer's authority to invest county funds and to manage the	791
county portfolio to the county's investment advisory committee	792
until such time as the county treasurer complies fully with the	793
continuing education requirements.	794

(3) The costs of the proceeding shall be assessed or	795
apportioned as the court considers equitable.	796

(D) Upon receiving proof of completion of continuing	797
education requirements for the preceding biennial cycle described	798
in division (B)(3)(a) of section 321.46 of the Revised Code, the	799
treasurer of state shall notify the prosecuting attorney that the	800
county treasurer has complied fully with the continuing education	801
requirements. The prosecuting attorney shall submit this	802
information to the court, and the court shall enter an order	803
terminating the authority of the county's investment advisory	804
committee to invest county funds and to manage the county	805
portfolio and restoring such authority to the county treasurer.	806

(E) The proceedings described in divisions (C) and (D) of	807
this section are special proceedings, and final orders in the	808
proceedings may be reviewed and affirmed, modified, or reversed on	809
appeal pursuant to the Rules of Appellate Procedure and, to the	810
extent not in conflict with those rules, pursuant to Chapter 2505.	811
of the Revised Code.	812

Sec. 323.121.  (A) If(1) Except as otherwise provided in	813
division (A)(2) of this section, if one-half of the current taxes	814
charged against an entry of real estate together with the full	815
amount of any delinquent taxes or any installment thereof required	816
to be paid under a written delinquent tax contract are not paid on	817
or before the thirty-first day of December in that year or on or	818
before the last day for such payment as extended pursuant to	819
section 323.17 of the Revised Code, a penalty of ten per cent	820
shall be charged against the unpaid balance of such half of the	821
current taxes on the duplicate. If the total amount of all such	822
the taxes is not paid on or before the twentieth day of June, next	823
thereafter, or on or before the last day for such payment as	824
extended pursuant to section 323.17 of the Revised Code, a like	825
penalty shall be charged on the balance of the total amount of	826
such unpaid current taxes.	827

(2) After a valid delinquent tax contract that includes	828
unpaid current taxes from a first-half collection period described	829
in section 323.12 of the Revised Code has been entered into under	830
section 323.31 or 5713.20 of the Revised Code, no ten per cent	831
penalty shall be charged against such taxes after the second-half	832
collection period while the delinquent tax contract remains in	833
effect. On the day a delinquent tax contract becomes void, the ten	834
per cent penalty shall be charged against such taxes and shall	835
equal the amount of penalty that would have been charged against	836
unpaid current taxes outstanding on the date on which the	837
second-half penalty would have been charged thereon under division	838
(A)(1) of this section if the contract had not been in effect.	839

(B)(1) On the first day of the month following the last day	840
the second installment of taxes may be paid without penalty,	841
interest shall be charged against and computed on all delinquent	842
taxes other than the current taxes that became delinquent taxes at	843
the close of the last day such second installment could be paid	844
without penalty. The charge shall be for interest that accrued	845
during the period that began on the preceding first day of	846
December and ended on the last day of the month that included the	847
last date such second installment could be paid without penalty.	848
The interest shall be computed at the rate per annum prescribed by	849
section 5703.47 of the Revised Code and shall be entered as a	850
separate item on the tax list and duplicate compiled under section	851
319.28 or 5721.011 of the Revised Code, whichever list and	852
duplicate are first compiled after the date on which suchthe	853
interest is computed and charged. However, for tracts and lots on	854
the real property tax suspension list under section 319.48 of the	855
Revised Code, the interest shall not be entered on the tax list	856
and duplicate compiled under section 319.28 of the Revised Code,	857
but shall be entered on the first tax list and duplicate compiled	858
under section 5721.011 of the Revised Code after the date on which	859
the interest is computed and charged.	860

(2) On the first day of December, the interest shall be	861
charged against and computed on all delinquent taxes. The charge	862
shall be for interest that accrued during the period that began on	863
the first day of the month following the last date prescribed for	864
the payment of the second installment of taxes in the current year	865
and ended on the immediately preceding last day of November. The	866
interest shall be computed at the rate per annum prescribed by	867
section 5703.47 of the Revised Code and shall be entered as a	868
separate item on the tax list and duplicate compiled under section	869
319.28 or 5721.011 of the Revised Code, whichever list and	870
duplicate are first compiled after the date on which suchthe	871
interest is computed and charged. However, for tracts and lots on	872
the real property tax suspension list under section 319.48 of the	873
Revised Code, the interest shall not be entered on the tax list	874
and duplicate compiled under section 319.28 of the Revised Code,	875
but shall be entered on the first tax list and duplicate compiled	876
under section 5721.011 of the Revised Code after the date on which	877
the interest is computed and charged.	878

(3) After a valid delinquent tax contract has been entered	879
into for the payment of any delinquent taxes, no interest shall be	880
charged against such delinquent taxes while the delinquent tax	881
contract remains in effect in compliance with section 323.31 of	882
the Revised Code. If a valid delinquent tax contract becomes void,	883
interest shall be charged against the delinquent taxes for the	884
periods that interest was not permitted to be charged while the	885
delinquent tax contract was in effect. The interest shall be	886
charged on the day the delinquent tax contract becomes void and	887
shall equal the amount of interest that would have been charged	888
against the unpaid delinquent taxes outstanding on the dates on	889
which interest would have been charged thereon under divisions	890
(B)(1) and (2) of this section had the delinquent tax contract not	891
been in effect.	892

(C) If the full amount of the taxes due at either of the	893
times prescribed by division (A) of this section is paid within	894
ten days after such time, the county treasurer shall waive the	895
collection of and the county auditor shall remit one-half of the	896
penalty provided for in suchthat division for failure to make	897
that payment by the prescribed time.	898

(D) The county treasurer shall compile and deliver to the	899
county auditor a list of all tax payments the treasurer has	900
received as provided in division (C) of this section. The list	901
shall include any information required by the auditor for the	902
remission of the penalties waived by the treasurer. The taxes so	903
collected shall be included in the settlement next succeeding the	904
settlement then in process.	905

Sec. 323.31.  (A)(1) A person who owns agricultural real	906
property or owns and occupies residential real property or a	907
manufactured or mobile home that does not have an outstanding tax	908
lien certificate or judgment of foreclosure against it, and a	909
person who is a vendee of such property under a purchase agreement	910
or land contract and who occupies the property, shall have at	911
least one opportunity to pay theany delinquent or unpaid current	912
taxes, or both, charged against the property by entering into a	913
written delinquent tax contract with the county treasurer in a	914
form prescribed or approved by the tax commissioner. Subsequent	915
opportunities to enter into a delinquent tax contract shall be at	916
the county treasurer's sole discretion.	917

(2) The treasurer may enter into a delinquent tax contract in	918
accordance with division (A) of this section with an owner or	919
vendee of real property, other than residential real property or a	920
manufactured or mobile home that is occupied by the owner, and	921
other than agricultural real property.	922

(3) The delinquent tax contract described in division (A) of	923
this section may be entered into at any time prior to the	924
commencement of foreclosure proceedings by the county treasurer	925
and the county prosecuting attorney pursuant to section 323.25 of	926
the Revised Code or by the county prosecuting attorney pursuant to	927
section 5721.18 of the Revised Code, the commencement of	928
foreclosure proceedings by a private attorney pursuant to section	929
5721.37 of the Revised Code, the commencement of foreclosure and	930
forfeiture proceedings pursuant to section 5721.14 of the Revised	931
Code, or the commencement of collection proceedings pursuant to	932
division (H) of section 4503.06 of the Revised Code by the filing	933
of a civil action as provided in that division. A duplicate copy	934
of each delinquent tax contract shall be filed with the county	935
auditor, who shall attach the copy to the delinquent land tax	936
certificate, delinquent vacant land tax certificate, or the	937
delinquent manufactured home tax list, or who shall enter an	938
asterisk in the margin next to the entry for the tract or lot on	939
the master list of delinquent tracts, master list of delinquent	940
vacant tracts, or next to the entry for the home on the delinquent	941
manufactured home tax list, prior to filing it with the	942
prosecuting attorney under section 5721.13 of the Revised Code,	943
or, in the case of the delinquent manufactured home tax list,	944
prior to delivering it to the county treasurer under division	945
(H)(2) of section 4503.06 of the Revised Code. If the delinquent	946
tax contract is entered into after the certificate or the master	947
list has been filed with the prosecuting attorney, the treasurer	948
shall file the duplicate copy with the prosecuting attorney.	949

(4) A delinquent tax contract entered into under this	950
division (A) of this section shall provide for the payment of any	951
delinquent andor unpaid current taxes, or both, in installments	952
over a period not to exceed five years after the date of the first	953
payment made under the contract; however, a person entering into a	954
delinquent tax contract who owns and occupies residential real	955
property may request, and the treasurer shall allow, a delinquent	956
tax contract providing for payment in installments over a period	957
of no fewer than two years after the date of the first payment	958
made under the contract.	959

(5) For each delinquent tax contract entered into under	960
division (A) of this section, the county treasurer shall determine	961
and shall specify in the delinquent tax contract the number of	962
installments, the amount of each installment, and the schedule for	963
payment of the installments. The part of each installment payment	964
representing taxes and penalties and interest thereon shall be	965
apportioned among the several taxing districts in the same	966
proportion that the amount of taxes levied by each district	967
against the entry in the preceding tax year bears to the taxes	968
levied by all such districts against the entry in the preceding	969
tax year. The part of each payment representing assessments and	970
other charges shall be credited to those items in the order in	971
which they became due. Each payment made to a taxing district	972
shall be apportioned among the taxing district's several funds for	973
which taxes or assessments have been levied.	974

(6) When an installment payment is not received by the	975
treasurer when due under a delinquent tax contract entered into	976
under division (A) of this section or any current taxes or special	977
assessments charged against the property become unpaid, the	978
delinquent tax contract becomes void unless the treasurer permits	979
a new delinquent tax contract to be entered into; if the treasurer	980
does not permit a new delinquent tax contract to be entered into,	981
the treasurer shall certify to the auditor that the delinquent tax	982
contract has become void.	983

(7) Upon receipt of such a certification described in	984
division (A)(6) of this section, the auditor shall destroy the	985
duplicate copy of the voided delinquent tax contract. If such copy	986
has been filed with the prosecuting attorney, the auditor	987
immediately shall deliver the certification to the prosecuting	988
attorney, who shall attach it to the appropriate certificate and	989
the duplicate copy of the voided delinquent tax contract or strike	990
through the asterisk entered in the margin of the master list next	991
to the entry for the tract or lot that is the subject of the	992
voided delinquent tax contract. The prosecuting attorney then	993
shall institute a proceeding to foreclose the lien of the state in	994
accordance with section 323.25 or 5721.18 of the Revised Code or,	995
in the case of delinquent vacant land, a foreclosure proceeding in	996
accordance with section 323.25 or 5721.18 of the Revised Code, or	997
a foreclosure and forfeiture proceeding in accordance with section	998
5721.14 of the Revised Code. In the case of a manufactured or	999
mobile home, the county treasurer shall cause a civil action to be	1000
brought as provided under division (H) of section 4503.06 of the	1001
Revised Code.	1002

(B) If there is an outstanding tax certificate respecting a	1003
delinquent parcel under section 5721.32 or 5721.33 of the Revised	1004
Code, a written delinquent tax contract may not be entered into	1005
under this section. To redeem a tax certificate in installments,	1006
the owner or other person seeking to redeem the tax certificate	1007
shall enter into a redemption payment plan under division (C) of	1008
section 5721.38 of the Revised Code.	1009

(C) As used in this section, "unpaid current taxes" means any	1010
current taxes charged on the general tax list and duplicate of	1011
real and public utility property or the manufactured home tax list	1012
and duplicate that remain unpaid after the last day prescribed for	1013
payment of the first installment of such taxes without penalty,	1014
and any penalties associated with such taxes.	1015

Sec. 4503.06.  (A) The owner of each manufactured or mobile	1016
home that has acquired situs in this state shall pay either a real	1017
property tax pursuant to Title LVII of the Revised Code or a	1018
manufactured home tax pursuant to division (C) of this section.	1019

(B) The owner of a manufactured or mobile home shall pay real	1020
property taxes if either of the following applies:	1021

(1) The manufactured or mobile home acquired situs in the	1022
state or ownership in the home was transferred on or after January	1023
1, 2000, and all of the following apply:	1024

(a) The home is affixed to a permanent foundation as defined	1025
in division (C)(5) of section 3781.06 of the Revised Code;	1026

(b) The home is located on land that is owned by the owner of	1027
the home;	1028

(c) The certificate of title has been inactivated by the	1029
clerk of the court of common pleas that issued it, pursuant to	1030
division (H) of section 4505.11 of the Revised Code.	1031

(2) The manufactured or mobile home acquired situs in the	1032
state or ownership in the home was transferred before January 1,	1033
2000, and all of the following apply:	1034

(a) The home is affixed to a permanent foundation as defined	1035
in division (C)(5) of section 3781.06 of the Revised Code;	1036

(b) The home is located on land that is owned by the owner of	1037
the home;	1038

(c) The owner of the home has elected to have the home taxed	1039
as real property and, pursuant to section 4505.11 of the Revised	1040
Code, has surrendered the certificate of title to the auditor of	1041
the county containing the taxing district in which the home has	1042
its situs, together with proof that all taxes have been paid;	1043

(d) The county auditor has placed the home on the real	1044
property tax list and delivered the certificate of title to the	1045
clerk of the court of common pleas that issued it and the clerk	1046
has inactivated the certificate.	1047

(C)(1) Any mobile or manufactured home that is not taxed as	1048
real property as provided in division (B) of this section is	1049
subject to an annual manufactured home tax, payable by the owner,	1050
for locating the home in this state. The tax as levied in this	1051
section is for the purpose of supplementing the general revenue	1052
funds of the local subdivisions in which the home has its situs	1053
pursuant to this section.	1054

(2) The year for which the manufactured home tax is levied	1055
commences on the first day of January and ends on the following	1056
thirty-first day of December. The state shall have the first lien	1057
on any manufactured or mobile home on the list for the amount of	1058
taxes, penalties, and interest charged against the owner of the	1059
home under this section. The lien of the state for the tax for a	1060
year shall attach on the first day of January to a home that has	1061
acquired situs on that date. The lien for a home that has not	1062
acquired situs on the first day of January, but that acquires	1063
situs during the year, shall attach on the next first day of	1064
January. The lien shall continue until the tax, including any	1065
penalty or interest, is paid.	1066

(3)(a) The situs of a manufactured or mobile home located in	1067
this state on the first day of January is the local taxing	1068
district in which the home is located on that date.	1069

(b) The situs of a manufactured or mobile home not located in	1070
this state on the first day of January, but located in this state	1071
subsequent to that date, is the local taxing district in which the	1072
home is located thirty days after it is acquired or first enters	1073
this state.	1074

(4) The tax is collected by and paid to the county treasurer	1075
of the county containing the taxing district in which the home has	1076
its situs.	1077

(D) The manufactured home tax shall be computed and assessed	1078
by the county auditor of the county containing the taxing district	1079
in which the home has its situs as follows:	1080

(1) On a home that acquired situs in this state prior to	1081
January 1, 2000;	1082

(a) By multiplying the assessable value of the home by the	1083
tax rate of the taxing district in which the home has its situs,	1084
and deducting from the product thus obtained any reduction	1085
authorized under section 4503.065 of the Revised Code. The tax	1086
levied under this formula shall not be less than thirty-six	1087
dollars, unless the home qualifies for a reduction in assessable	1088
value under section 4503.065 of the Revised Code, in which case	1089
there shall be no minimum tax and the tax shall be the amount	1090
calculated under this division.	1091

(b) The assessable value of the home shall be forty per cent	1092
of the amount arrived at by the following computation:	1093

(i) If the cost to the owner, or market value at time of	1094
purchase, whichever is greater, of the home includes the	1095
furnishings and equipment, such cost or market value shall be	1096
multiplied according to the following schedule:	1097

The first calendar year means any period between the first	1111
day of January and the thirty-first day of December of the first	1112
year.	1113

(ii) If the cost to the owner, or market value at the time of	1114
purchase, whichever is greater, of the home does not include the	1115
furnishings and equipment, such cost or market value shall be	1116
multiplied according to the following schedule:	1117

The first calendar year means any period between the first	1131
day of January and the thirty-first day of December of the first	1132
year.	1133

(2) On a home in which ownership was transferred or that	1134
first acquired situs in this state on or after January 1, 2000:	1135

(a) By multiplying the assessable value of the home by the	1136
effective tax rate, as defined in section 323.08 of the Revised	1137
Code, for residential real property of the taxing district in	1138
which the home has its situs, and deducting from the product thus	1139
obtained the reductions required or authorized under section	1140
319.302, division (B) of section 323.152, or section 4503.065 of	1141
the Revised Code.	1142

(b) The assessable value of the home shall be thirty-five per	1143
cent of its true value as determined under division (L) of this	1144
section.	1145

(3) On or before the fifteenth day of January each year, the	1146
county auditor shall record the assessable value and the amount of	1147
tax on the manufactured or mobile home on the tax list and deliver	1148
a duplicate of the list to the county treasurer. In the case of an	1149
emergency as defined in section 323.17 of the Revised Code, the	1150
tax commissioner, by journal entry, may extend the times for	1151
delivery of the duplicate for an additional fifteen days upon	1152
receiving a written application from the county auditor regarding	1153
an extension for the delivery of the duplicate, or from the county	1154
treasurer regarding an extension of the time for the billing and	1155
collection of taxes. The application shall contain a statement	1156
describing the emergency that will cause the unavoidable delay and	1157
must be received by the tax commissioner on or before the last day	1158
of the month preceding the day delivery of the duplicate is	1159
otherwise required. When an extension is granted for delivery of	1160
the duplicate, the time period for payment of taxes shall be	1161
extended for a like period of time. When a delay in the closing of	1162
a tax collection period becomes unavoidable, the tax commissioner,	1163
upon application by the county auditor and county treasurer, may	1164
order the time for payment of taxes to be extended if the tax	1165
commissioner determines that penalties have accrued or would	1166
otherwise accrue for reasons beyond the control of the taxpayers	1167
of the county. The order shall prescribe the final extended date	1168
for payment of taxes for that collection period.	1169

(4) After January 1, 1999, the owner of a manufactured or	1170
mobile home taxed pursuant to division (D)(1) of this section may	1171
elect to have the home taxed pursuant to division (D)(2) of this	1172
section by filing a written request with the county auditor of the	1173
taxing district in which the home is located on or before the	1174
first day of December of any year. Upon the filing of the request,	1175
the county auditor shall determine whether all taxes levied under	1176
division (D)(1) of this section have been paid, and if those taxes	1177
have been paid, the county auditor shall tax the manufactured or	1178
mobile home pursuant to division (D)(2) of this section commencing	1179
in the next tax year.	1180

(5) A manufactured or mobile home that acquired situs in this	1181
state prior to January 1, 2000, shall be taxed pursuant to	1182
division (D)(2) of this section if no manufactured home tax had	1183
been paid for the home and the home was not exempted from taxation	1184
pursuant to division (E) of this section for the year for which	1185
the taxes were not paid.	1186

(6)(a) Immediately upon receipt of any manufactured home tax	1187
duplicate from the county auditor, but not less than twenty days	1188
prior to the last date on which the first one-half taxes may be	1189
paid without penalty as prescribed in division (F) of this	1190
section, the county treasurer shall cause to be prepared and	1191
mailed or delivered to each person charged on that duplicate with	1192
taxes, or to an agent designated by such person, the tax bill	1193
prescribed by the tax commissioner under division (D)(7) of this	1194
section. When taxes are paid by installments, the county treasurer	1195
shall mail or deliver to each person charged on such duplicate or	1196
the agent designated by suchthat person a second tax bill showing	1197
the amount due at the time of the second tax collection. The	1198
second half tax bill shall be mailed or delivered at least twenty	1199
days prior to the close of the second half tax collection period.	1200
A change in the mailing address of any tax bill shall be made in	1201
writing to the county treasurer. Failure to receive a bill	1202
required by this section does not excuse failure or delay to pay	1203
any taxes shown on the bill or, except as provided in division (A)	1204
of section 5715.39 of the Revised Code, avoid any penalty,	1205
interest, or charge for such delay.	1206

(b) After delivery of the copy of the delinquent manufactured	1207
home tax list under division (H) of this section, the county	1208
treasurer may prepare and mail to each person in whose name a home	1209
is listed an additional tax bill showing the total amount of	1210
delinquent taxes charged against the home as shown on the list.	1211
The tax bill shall include a notice that the interest charge	1212
prescribed by division (G) of this section has begun to accrue.	1213

(7) Each tax bill prepared and mailed or delivered under	1214
division (D)(6) of this section shall be in the form and contain	1215
the information required by the tax commissioner. The commissioner	1216
may prescribe different forms for each county and may authorize	1217
the county auditor to make up tax bills and tax receipts to be	1218
used by the county treasurer. The tax bill shall not contain or be	1219
mailed or delivered with any information or material that is not	1220
required by this section or that is not authorized by section	1221
321.45 of the Revised Code or by the tax commissioner. In addition	1222
to the information required by the commissioner, each tax bill	1223
shall contain the following information:	1224

(a) The taxes levied and the taxes charged and payable	1225
against the manufactured or mobile home;	1226

(b) The following notice: "Notice: If the taxes are not paid	1227
within sixty days after the county auditor delivers the delinquent	1228
manufactured home tax list to the county treasurer, you and your	1229
home may be subject to collection proceedings for tax	1230
delinquency." Failure to provide such notice has no effect upon	1231
the validity of any tax judgment to which a home may be subjected.	1232

(c) In the case of manufactured or mobile homes taxed under	1233
division (D)(2) of this section, the following additional	1234
information:	1235

(i) The effective tax rate. The words "effective tax rate"	1236
shall appear in boldface type.	1237

(ii) The following notice: "Notice: If the taxes charged	1238
against this home have been reduced by the 2-1/2 per cent tax	1239
reduction for residences occupied by the owner but the home is not	1240
a residence occupied by the owner, the owner must notify the	1241
county auditor's office not later than March 31 of the year for	1242
which the taxes are due. Failure to do so may result in the owner	1243
being convicted of a fourth degree misdemeanor, which is	1244
punishable by imprisonment up to 30 days, a fine up to $250, or	1245
both, and in the owner having to repay the amount by which the	1246
taxes were erroneously or illegally reduced, plus any interest	1247
that may apply.	1248

If the taxes charged against this home have not been reduced	1249
by the 2-1/2 per cent tax reduction and the home is a residence	1250
occupied by the owner, the home may qualify for the tax reduction.	1251
To obtain an application for the tax reduction or further	1252
information, the owner may contact the county auditor's office at	1253
.......... (insert the address and telephone number of the county	1254
auditor's office)."	1255

(E)(1) A manufactured or mobile home is not subject to this	1256
section when any of the following applies:	1257

(a) It is taxable as personal property pursuant to section	1258
5709.01 of the Revised Code. Any manufactured or mobile home that	1259
is used as a residence shall be subject to this section and shall	1260
not be taxable as personal property pursuant to section 5709.01 of	1261
the Revised Code.	1262

(b) It bears a license plate issued by any state other than	1263
this state unless the home is in this state in excess of an	1264
accumulative period of thirty days in any calendar year.	1265

(c) The annual tax has been paid on the home in this state	1266
for the current year.	1267

(d) The tax commissioner has determined, pursuant to section	1268
5715.27 of the Revised Code, that the property is exempt from	1269
taxation, or would be exempt from taxation under Chapter 5709. of	1270
the Revised Code if it were classified as real property.	1271

(2) A travel trailer or park trailer, as these terms are	1272
defined in section 4501.01 of the Revised Code, is not subject to	1273
this section if it is unused or unoccupied and stored at the	1274
owner's normal place of residence or at a recognized storage	1275
facility.	1276

(3) A travel trailer or park trailer, as these terms are	1277
defined in section 4501.01 of the Revised Code, is subject to this	1278
section and shall be taxed as a manufactured or mobile home if it	1279
has a situs longer than thirty days in one location and is	1280
connected to existing utilities, unless either of the following	1281
applies:	1282

(a) The situs is in a state facility or a camping or park	1283
area as defined in division (B), (G), (H), or (R) of section	1284
3733.01 of the Revised Code;	1285

(b) The situs is in a camping or park area that is a tract of	1286
land that has been limited to recreational use by deed or zoning	1287
restrictions and subdivided for sale of five or more individual	1288
lots for the express or implied purpose of occupancy by either	1289
self-contained recreational vehicles as defined in division (E) of	1290
section 3733.01 of the Revised Code or by dependent recreational	1291
vehicles as defined in division (F) of section 3733.01 of the	1292
Revised Code.	1293

(F) Except as provided in division (D)(3) of this section,	1294
the manufactured home tax is due and payable as follows:	1295

(1) When a manufactured or mobile home has a situs in this	1296
state, as provided in this section, on the first day of January,	1297
one-half of the amount of the tax is due and payable on or before	1298
the first day of March and the balance is due and payable on or	1299
before the thirty-first day of July. At the option of the owner of	1300
the home, the tax for the entire year may be paid in full on the	1301
first day of March.	1302

(2) When a manufactured or mobile home first acquires a situs	1303
in this state after the first day of January, no tax is due and	1304
payable for that year.	1305

(G)(1) If(a) Except as otherwise provided in division	1306
(G)(1)(b) of this section, if one-half of the current taxes	1307
charged under this section against a manufactured or mobile home,	1308
together with the full amount of any delinquent taxes or any	1309
installment thereof required to be paid under a written	1310
undertaking, are not paid on or before the thirty-first day of	1311
Januaryfirst day of March in that year, or on or before the last	1312
day for such payment as extended pursuant to section 4503.063 of	1313
the Revised Code, a penalty of ten per cent shall be charged	1314
against the unpaid balance of such half of the current taxes. If	1315
the total amount of all such taxes is not paid on or before the	1316
thirty-first day of July, next thereafter, or on or before the	1317
last day for such payment as extended pursuant to section 4503.063	1318
of the Revised Code, a like penalty shall be charged on the	1319
balance of the total amount of suchthe unpaid current taxes.	1320

(b) After a valid delinquent tax contract that includes	1321
unpaid current taxes from a first-half collection period described	1322
in division (F) of this section has been entered into under	1323
section 323.31 of the Revised Code, no ten per cent penalty shall	1324
be charged against such taxes after the second-half collection	1325
period while the delinquent tax contract remains in effect. On the	1326
day a delinquent tax contract becomes void, the ten per cent	1327
penalty shall be charged against such taxes and shall equal the	1328
amount of penalty that would have been charged against unpaid	1329
current taxes outstanding on the date on which the second-half	1330
penalty would have been charged thereon under division (G)(1)(a)	1331
of this section if the contract had not been in effect.	1332

(2)(a) On the first day of the month following the last day	1333
the second installment of taxes may be paid without penalty	1334
beginning in 2000, interest shall be charged against and computed	1335
on all delinquent taxes other than the current taxes that became	1336
delinquent taxes at the close of the last day such second	1337
installment could be paid without penalty. The charge shall be for	1338
interest that accrued during the period that began on the	1339
preceding first day of December and ended on the last day of the	1340
month that included the last date such second installment could be	1341
paid without penalty. The interest shall be computed at the rate	1342
per annum prescribed by section 5703.47 of the Revised Code and	1343
shall be entered as a separate item on the delinquent manufactured	1344
home tax list compiled under division (H) of this section.	1345

(b) On the first day of December beginning in 2000, the	1346
interest shall be charged against and computed on all delinquent	1347
taxes. The charge shall be for interest that accrued during the	1348
period that began on the first day of the month following the last	1349
date prescribed for the payment of the second installment of taxes	1350
in the current year and ended on the immediately preceding last	1351
day of November. The interest shall be computed at the rate per	1352
annum prescribed by section 5703.47 of the Revised Code and shall	1353
be entered as a separate item on the delinquent manufactured home	1354
tax list.	1355

(c) After a valid undertaking has been entered into for the	1356
payment of any delinquent taxes, no interest shall be charged	1357
against such delinquent taxes while the undertaking remains in	1358
effect in compliance with section 323.31 of the Revised Code. If a	1359
valid undertaking becomes void, interest shall be charged against	1360
the delinquent taxes for the periods that interest was not	1361
permitted to be charged while the undertaking was in effect. The	1362
interest shall be charged on the day the undertaking becomes void	1363
and shall equal the amount of interest that would have been	1364
charged against the unpaid delinquent taxes outstanding on the	1365
dates on which interest would have been charged thereon under	1366
divisions (G)(1) and (2) of this section had the undertaking not	1367
been in effect.	1368

(3) If the full amount of the taxes due at either of the	1369
times prescribed by division (F) of this section is paid within	1370
ten days after such time, the county treasurer shall waive the	1371
collection of and the county auditor shall remit one-half of the	1372
penalty provided for in this division for failure to make that	1373
payment by the prescribed time.	1374

(4) The treasurer shall compile and deliver to the county	1375
auditor a list of all tax payments the treasurer has received as	1376
provided in division (G)(3) of this section. The list shall	1377
include any information required by the auditor for the remission	1378
of the penalties waived by the treasurer. The taxes so collected	1379
shall be included in the settlement next succeeding the settlement	1380
then in process.	1381

(H)(1) Beginning in 2000, the county auditor shall compile	1382
annually a "delinquent manufactured home tax list" consisting of	1383
homes the county treasurer's records indicate have taxes that were	1384
not paid within the time prescribed by divisions (D)(3) and (F) of	1385
this section, have taxes that remain unpaid from prior years, or	1386
have unpaid tax penalties or interest that have been assessed.	1387

(2) Within thirty days after the settlement under division	1388
(H)(2) of section 321.24 of the Revised Code beginning in 2000,	1389
the county auditor shall deliver a copy of the delinquent	1390
manufactured home tax list to the county treasurer. The auditor	1391
shall update and publish the delinquent manufactured home tax list	1392
annually in the same manner as delinquent real property tax lists	1393
are published. The county auditor shall apportion the cost of	1394
publishing the list among taxing districts in proportion to the	1395
amount of delinquent manufactured home taxes so published that	1396
each taxing district is entitled to receive upon collection of	1397
those taxes.	1398

(3) When taxes, penalties, or interest are charged against a	1399
person on the delinquent manufactured home tax list and are not	1400
paid within sixty days after the list is delivered to the county	1401
treasurer, the county treasurer shall, in addition to any other	1402
remedy provided by law for the collection of taxes, penalties, and	1403
interest, enforce collection of such taxes, penalties, and	1404
interest by civil action in the name of the treasurer against the	1405
owner for the recovery of the unpaid taxes following the	1406
procedures for the recovery of delinquent real property taxes in	1407
sections 323.25 to 323.28 of the Revised Code. The action may be	1408
brought in municipal or county court, provided the amount charged	1409
does not exceed the monetary limitations for original jurisdiction	1410
for civil actions in those courts.	1411

It is sufficient, having made proper parties to the suit, for	1412
the county treasurer to allege in the treasurer's bill of	1413
particulars or petition that the taxes stand chargeable on the	1414
books of the county treasurer against such person, that they are	1415
due and unpaid, and that such person is indebted in the amount of	1416
taxes appearing to be due the county. The treasurer need not set	1417
forth any other matter relating thereto. If it is found on the	1418
trial of the action that the person is indebted to the state,	1419
judgment shall be rendered in favor of the county treasurer	1420
prosecuting the action. The judgment debtor is not entitled to the	1421
benefit of any law for stay of execution or exemption of property	1422
from levy or sale on execution in the enforcement of the judgment.	1423

Upon the filing of an entry of confirmation of sale or an	1424
order of forfeiture in a proceeding brought under this division,	1425
title to the manufactured or mobile home shall be in the	1426
purchaser. The clerk of courts shall issue a certificate of title	1427
to the purchaser upon presentation of proof of filing of the entry	1428
of confirmation or order and, in the case of a forfeiture,	1429
presentation of the county auditor's certificate of sale.	1430

(I) The total amount of taxes collected shall be distributed	1431
in the following manner: four per cent shall be allowed as	1432
compensation to the county auditor for the county auditor's	1433
service in assessing the taxes; two per cent shall be allowed as	1434
compensation to the county treasurer for the services the county	1435
treasurer renders as a result of the tax levied by this section.	1436
Such amounts shall be paid into the county treasury, to the credit	1437
of the county general revenue fund, on the warrant of the county	1438
auditor. Fees to be paid to the credit of the real estate	1439
assessment fund shall be collected pursuant to division (B) of	1440
section 319.54 of the Revised Code and paid into the county	1441
treasury, on the warrant of the county auditor. The balance of the	1442
taxes collected shall be distributed among the taxing subdivisions	1443
of the county in which the taxes are collected and paid in the	1444
same ratio as those taxes were collected for the benefit of the	1445
taxing subdivision. The taxes levied and revenues collected under	1446
this section shall be in lieu of any general property tax and any	1447
tax levied with respect to the privilege of using or occupying a	1448
manufactured or mobile home in Ohio except as provided in sections	1449
4503.04 and 5741.02 of the Revised Code.	1450

(J) An agreement to purchase or a bill of sale for a	1451
manufactured home shall show whether or not the furnishings and	1452
equipment are included in the purchase price.	1453

(K) If the county treasurer and the county prosecuting	1454
attorney agree that an item charged on the delinquent manufactured	1455
home tax list is uncollectible, they shall certify that	1456
determination and the reasons to the county board of revision. If	1457
the board determines the amount is uncollectible, it shall certify	1458
its determination to the county auditor, who shall strike the item	1459
from the list.	1460

(L)(1) The county auditor shall appraise at its true value	1461
any manufactured or mobile home in which ownership is transferred	1462
or which first acquires situs in this state on or after January 1,	1463
2000, and any manufactured or mobile home the owner of which has	1464
elected, under division (D)(4) of this section, to have the home	1465
taxed under division (D)(2) of this section. The true value shall	1466
include the value of the home, any additions, and any fixtures,	1467
but not any furnishings in the home. In determining the true value	1468
of a manufactured or mobile home, the auditor shall consider all	1469
facts and circumstances relating to the value of the home,	1470
including its age, its capacity to function as a residence, any	1471
obsolete characteristics, and other factors that may tend to prove	1472
its true value.	1473

(2)(a) If a manufactured or mobile home has been the subject	1474
of an arm's length sale between a willing seller and a willing	1475
buyer within a reasonable length of time prior to the	1476
determination of true value, the county auditor shall consider the	1477
sale price of the home to be the true value for taxation purposes.	1478

(b) The sale price in an arm's length transaction between a	1479
willing seller and a willing buyer shall not be considered the	1480
true value of the home if either of the following occurred after	1481
the sale:	1482

(i) The home has lost value due to a casualty;

1483

(ii) An addition or fixture has been added to the home.

1484

(3) The county auditor shall have each home viewed and	1485
appraised at least once in each six-year period in the same year	1486
in which real property in the county is appraised pursuant to	1487
Chapter 5713. of the Revised Code, and shall update the appraised	1488
values in the third calendar year following the appraisal. The	1489
person viewing or appraising a home may enter the home to	1490
determine by actual view any additions or fixtures that have been	1491
added since the last appraisal. In conducting the appraisals and	1492
establishing the true value, the auditor shall follow the	1493
procedures set forth for appraising real property in sections	1494
5713.01 and 5713.03 of the Revised Code.	1495

(4) The county auditor shall place the true value of each	1496
home on the manufactured home tax list upon completion of an	1497
appraisal.	1498

(5)(a) If the county auditor changes the true value of a	1499
home, the auditor shall notify the owner of the home in writing,	1500
delivered by mail or in person. The notice shall be given at least	1501
thirty days prior to the issuance of any tax bill that reflects	1502
the change. Failure to receive the notice does not invalidate any	1503
proceeding under this section.	1504

(b) Any owner of a home or any other person or party listed	1505
in division (A)(1) of section 5715.19 of the Revised Code may file	1506
a complaint against the true value of the home as appraised under	1507
this section. The complaint shall be filed with the county	1508
auditor on or before the thirty-first day of March of the current	1509
tax year or the date of closing of the collection for the first	1510
half of manufactured home taxes for the current tax year,	1511
whichever is later. The auditor shall present to the county board	1512
of revision all complaints filed with the auditor under this	1513
section. The board shall hear and investigate the complaint and	1514
may take action on it as provided under sections 5715.11 to	1515
5715.19 of the Revised Code.	1516

(c) If the county board of revision determines, pursuant to a	1517
complaint against the valuation of a manufactured or mobile home	1518
filed under this section, that the amount of taxes, assessments,	1519
or other charges paid was in excess of the amount due based on the	1520
valuation as finally determined, then the overpayment shall be	1521
refunded in the manner prescribed in section 5715.22 of the	1522
Revised Code.	1523

(d) Payment of all or part of a tax under this section for	1524
any year for which a complaint is pending before the county board	1525
of revision does not abate the complaint or in any way affect the	1526
hearing and determination thereof.	1527

(M) If the county auditor determines that any tax,	1528
assessment,or other charge, or any part thereof has been	1529
erroneously charged as a result of a clerical error as defined in	1530
section 319.35 of the Revised Code, the county treasurer and	1531
auditor shall call the attention of the county board of revision	1532
to the erroneous charges. If the board finds that the taxes or	1533
other charges have been erroneously charged or collected, it shall	1534
certify the finding to the auditor. Upon receipt of the	1535
certification, the auditor shall remove the erroneous charges on	1536
the manufactured home tax list or delinquent manufactured home tax	1537
list in the same manner as is prescribed in section 319.35 of the	1538
Revised Code for erroneous charges against real property, and	1539
refund any erroneous charges that have been collected, with	1540
interest, in the same manner as is prescribed in section 319.36 of	1541
the Revised Code for erroneous charges against real property.	1542

(N) As used in this section and section 4503.061 of the	1543
Revised Code:	1544

(1) "Manufactured home taxes" includes taxes, penalties, and	1545
interest charged under division (C) or (G) of this section and any	1546
penalties charged under division (G) or (H)(5) of section 4503.061	1547
of the Revised Code.	1548

(2) "Current taxes" means all manufactured home taxes charged	1549
against a manufactured or mobile home that have not appeared on	1550
the manufactured home tax list for any prior year. Current taxes	1551
become delinquent taxes if they remain unpaid after the last day	1552
prescribed for payment of the second installment of current taxes	1553
without penalty, whether or not they have been certified	1554
delinquent.	1555

(3) "Delinquent taxes" means:

1556

(a) Any manufactured home taxes that were charged against a	1557
manufactured or mobile home for a prior year, including any	1558
penalties or interest charged for a prior year, and that remain	1559
unpaid;	1560

(b) Any current manufactured home taxes charged against a	1561
manufactured or mobile home that remain unpaid after the last day	1562
prescribed for payment of the second installment of current taxes	1563
without penalty, whether or not they have been certified	1564
delinquent, including any penalties or interest.	1565

Sec. 5713.20. (A) If the county auditor discovers that any	1566
building, structure, or tract of land or any lot or part of	1567
either, has been omitted from the list of real property, the	1568
auditor shall add it to the list, with the name of the owner, and	1569
ascertain the taxable value thereof and place it opposite such	1570
property. The county auditor shall compute the sum of the simple	1571
taxes for the preceding years in which suchthe property was	1572
omitted from the list of real property, not exceeding five years,	1573
unless in the meantime the property has changed ownership, in	1574
which case only the taxes chargeable since the last change of	1575
ownership shall be computed. No penalty or interest shall be added	1576
to the amount of taxes so computed.	1577

The county auditor shall order the county treasurer to	1578
correct the duplicate of real property accordingly, and shall	1579
certify to the county treasurer the sum of taxes determined by the	1580
county auditor under this section to be due on the omitted	1581
property. The county treasurer thereupon shall notify the owner by	1582
certified mail, return receipt requested, of the sum of taxes due,	1583
and inform the owner that the owner may enter into a delinquentan	1584
omitted tax contract with the county treasurer to pay the taxes in	1585
installments, or that the owner, if the owner desires, may pay the	1586
amount of such taxes into the county treasury.	1587

A delinquent(B) An omitted tax contract entered into under	1588
this section for the payment of taxes in installments shall	1589
require that the installments be payable at the times and in the	1590
amounts specified by the county treasurer in the contract. The	1591
owner may request, and the treasurer shall allow, a delinquentan	1592
omitted tax contract providing for payment in installments over no	1593
fewer than two years; however, the treasurer shall not permit a	1594
contract to provide for payment in installments over more than	1595
five years. Each installment payment shall be apportioned among	1596
the several funds for which the taxes on the omitted property	1597
would have been assessed had the property not been omitted, and	1598
shall be applied to the items of taxes charged in the order in	1599
which they became due. If an installment payment is not received	1600
by the county treasurer when due, or any payment of current taxes	1601
is not made when due, the contract becomes void, and the county	1602
treasurer shall order payment of the entire outstanding balance of	1603
taxes determined to be due under this section in one lump-sum	1604
payment.	1605

Sec. 5719.051.  If the board of county commissioners deems it	1606
necessary, it may authorize the county treasurer to employ	1607
collectors to collect the taxes mentioned in section 5719.05 of	1608
the Revised Code or part thereof, and fix the salarycompensation	1609
of such collectors, and provide for the reasonable and necessary	1610
expenses of such collectors in the pursuit of their duties, which	1611
shall be paid out of the county treasury. All such salaries	1612
compensation and expenses shall be apportioned ratably by the	1613
county auditor among all the funds entitled to share in the	1614
distribution of suchthe taxes.	1615

Sec. 5721.10.  Except as otherwise provided under sections	1616
5721.30 to 5721.425721.43 of the Revised Code, the state shall	1617
have the first lien on the lands and lots described in the	1618
delinquent land list, for the amount of taxes, assessments,	1619
interest, and penalty charged prior to the delivery of such list.	1620
If the taxes have not been paid for one year after having been	1621
certified as delinquent, the state shall institute foreclosure	1622
proceedings in the manner provided by sections 5721.01 to 5721.28	1623
of the Revised Code, unless a tax certificate respecting that	1624
property has been sold under section 5721.32 or 5721.33 of the	1625
Revised Code, or unless such taxes are the subject of a valid	1626
delinquent tax contract under section 323.31 of the Revised Code	1627
for which the county treasurer has not made certification to the	1628
county auditor that the delinquent tax contract has become void.	1629
The court shall levy, as costs in the foreclosure proceedings	1630
instituted on saidthe certification of delinquency, the cost of	1631
an abstract or certificate of title to the property described in	1632
saidthe certification, if the sameit is required by the court,	1633
to be paid into the general fund of the county. Sections 5721.01	1634
to 5721.28 of the Revised Code do not prevent the partial payment	1635
of such delinquent taxes, assessments, interest, and penalty	1636
during the period the delinquency is being discharged in	1637
accordance with a delinquent tax contract under section 323.31 of	1638
the Revised Code, but suchthe partial payments may be made and	1639
received as provided by law without prejudice to the right of the	1640
state to institute foreclosure proceedings for any amount then	1641
remaining unpaid, if the county treasurer certifies to the county	1642
auditor that the delinquent tax contract has become void.	1643

Sec. 5721.30.  As used in sections 5721.30 to 5721.425721.43	1644
of the Revised Code:	1645

(A) "Tax certificate," "certificate," or "duplicate	1646
certificate" means a document whichthat may be issued as a	1647
physical certificate, in book-entry form, or through an electronic	1648
medium, at the discretion of the county treasurer. Such document	1649
shall contain the information required by section 5721.31 of the	1650
Revised Code and shall be prepared, transferred, or redeemed in	1651
the manner prescribed by sections 5721.30 to 5721.415721.43 of	1652
the Revised Code. As used in those sections, "tax certificate,"	1653
"certificate," and "duplicate certificate" do not refer to the	1654
delinquent land tax certificate or the delinquent vacant land tax	1655
certificate issued under section 5721.13 of the Revised Code.	1656

(B) "Certificate parcel" means the parcel of delinquent land	1657
that is the subject of and is described in a tax certificate.	1658

(C) "Certificate holder" means a person who purchases a tax	1659
certificate under section 5721.32 or, 5721.33, or 5721.42 of the	1660
Revised Code, or a person to whom a tax certificate has been	1661
transferred pursuant to section 5721.36 of the Revised Code.	1662

(D) "Certificate purchase price" means, with respect to the	1663
sale of tax certificates under sections 5721.32 and, 5721.33, and	1664
5721.42 of the Revised Code, the amount equal to delinquent taxes,	1665
assessments, penalties, and interest computed under section	1666
323.121 of the Revised Code charged against a certificate parcel	1667
at the time the tax certificate respecting that parcel is sold,	1668
not including any delinquent taxes, assessments, penalties,	1669
interest, and charges, the lien for which has been conveyed to a	1670
certificate holder through a prior sale of a tax certificate	1671
respecting that parcel; provided, however, that payment of the	1672
certificate purchase price in a sale under section 5721.33 of the	1673
Revised Code may be made wholly in cash or partially in cash and	1674
partially by noncash consideration acceptable to the county	1675
treasurer from the purchaser. In the event that any such noncash	1676
consideration is delivered to pay a portion of the certificate	1677
purchase price, such noncash consideration may be subordinate to	1678
the rights of the holders of other obligations whose proceeds paid	1679
the cash portion of the certificate purchase price.	1680

"Certificate purchase price" also includes the amount of the	1681
fee charged by the county treasurer to the purchaser of the	1682
certificate under division (H) of section 5721.32 of the Revised	1683
Code.	1684

(E) With respect to a sale of tax certificates under section	1685
5721.32 of the Revised Code and except as provided in division	1686
(E)(3)(2) of this section, "certificateboth of the following	1687
apply:	1688

(1) "Certificate redemption price" means the amount	1689
determined under division (E)(1) or (2) of this section.	1690

(1) During the first year after the date on which a tax	1691
certificate is sold, the sum of the following:	1692

(a) The certificate purchase price;

1693

(b) Theplus the greater of the following:

1694

(i)(a) Interest, at the certificate rate of interest,	1695
accruing during the certificate interest period on the certificate	1696
purchase price, calculated in accordance with section 5721.41 of	1697
the Revised Code;	1698

(ii)(b) Six per cent of the certificate purchase price.

1699

(c) The fee charged by the county treasurer to the purchaser	1700
of the certificate under division (H) of section 5721.32 of the	1701
Revised Code.	1702

(2) After the first year after the date on which a tax	1703
certificate is sold, the sum of the following:	1704

(a)(i) If division (E)(1)(b)(i) applied during the first	1705
year, the certificate purchase price;	1706

(ii) If division (E)(1)(b)(ii) applied during the first year,	1707
the sum of the certificate purchase price plus six per cent of the	1708
certificate purchase price.	1709

(b)(i) If division (E)(1)(b)(i) applied during the first	1710
year, interest at the certificate rate of interest accruing during	1711
the certificate interest period on the certificate purchase price;	1712

(ii) If division (E)(1)(b)(ii) applied during the first year,	1713
interest at the certificate rate of interest, accruing during the	1714
part of the certificate interest period that begins one year after	1715
the date of the sale of the certificate, on the sum of the	1716
certificate purchase price plus six per cent of the certificate	1717
purchase price.	1718

(c) The fee charged by the county treasurer to the purchaser	1719
of the certificate under division (H) of section 5721.32 of the	1720
Revised Code.	1721

(3)(2) If the certificate rate of interest equals zero, the	1722
certificate redemption price equals the certificate purchase price	1723
plus the fee charged by the county treasurer to the purchaser of	1724
the certificate under division (H) of section 5721.32 of the	1725
Revised Code.	1726

(F) With respect to a sale of tax certificates under section	1727
5721.33 of the Revised Code, "certificate redemption price" means	1728
the amount equal to the sum of the following:	1729

(1) The certificate purchase price;

1730

(2) Interest accrued on the certificate purchase price at the	1731
certificate rate of interest from the date on which a tax	1732
certificate is delivered through and including the day immediately	1733
preceding the day on which the certificate redemption price is	1734
paid;	1735

(3) The fee, if any, charged by the county treasurer to the	1736
purchaser of the certificate under division (J) of section 5721.33	1737
of the Revised Code;	1738

(4) Any other fees charged by any county office in connection	1739
with the recording of tax certificates.	1740

(G) "Certificate rate of interest" means the rate of simple	1741
interest per year bid by the winning bidder in an auction of a tax	1742
certificate held under section 5721.32 of the Revised Code, or the	1743
rate of simple interest per year not to exceed eighteen per cent	1744
per year fixed pursuant to section 5721.42 of the Revised Code or	1745
by the county treasurer with respect to any tax certificate sold	1746
pursuant to a negotiated sale under section 5721.33 of the Revised	1747
Code.	1748

(H) "Cash" means United States currency, certified checks,	1749
money orders, bank drafts, or electronic transfer of funds, and	1750
excludes any other form of payment.	1751

(I) "The date on which a tax certificate is sold," "the date	1752
the certificate was sold," "the date the certificate is	1753
purchased," and any other phrase of similar content mean, with	1754
respect to a sale pursuant to an auction under section 5721.32 of	1755
the Revised Code, the date designated by the county treasurer for	1756
the submission of bids and, with respect to a negotiated sale	1757
under section 5721.33 of the Revised Code, the date of delivery of	1758
the tax certificates to the purchasers thereof pursuant to a tax	1759
certificate sale/purchase agreement.	1760

(J) "Purchaser of a tax certificate pursuant to section	1761
5721.32 of the Revised Code" means the winning bidder in an	1762
auction of a tax certificate held under section 5721.32 of the	1763
Revised Code.	1764

(K) "Certificate interest period" means, with respect to a	1765
tax certificate sold under section 5721.32 or 5721.42 of the	1766
Revised Code and for the purpose of accruing interest under	1767
section 5721.41 of the Revised Code, the period beginning on the	1768
date on which the certificate is purchased and, with respect to a	1769
tax certificate sold under section 5721.33 of the Revised Code,	1770
the period beginning on the date of delivery of the tax	1771
certificate, and in either case ending on one of the following	1772
dates:	1773

(1) In the case of foreclosure proceedings instituted under	1774
section 5721.37 of the Revised Code, the date the certificate	1775
holder submits a payment to the treasurer under division (B) of	1776
that section;	1777

(2) In the case of a certificate parcel redeemed under	1778
division (A) or (C) of section 5721.38 of the Revised Code, the	1779
date the owner of record of the certificate parcel, or any other	1780
person entitled to redeem that parcel, pays to the county	1781
treasurer or to the certificate holder, as applicable, the full	1782
amount determined under that section.	1783

(L) "County treasurer" means, with respect to the sale of tax	1784
certificates under section 5721.32, or 5721.33 of the Revised	1785
Code, the county treasurer of a county having a population of at	1786
least two hundred thousand according to the then most recent	1787
federal decennial census.	1788

(M) "Qualified trustee" means a trust company within the	1789
state or a bank having the power of a trust company within the	1790
state with a combined capital stock, surplus, and undivided	1791
profits of at least one hundred million dollars.	1792

(N) "Tax certificate sale/purchase agreement" means the	1793
purchase and sale agreement described in division (C) of section	1794
5721.33 of the Revised Code setting forth the certificate purchase	1795
price, plus any applicable premium or less any applicable	1796
discount, including, without limitation, the amount thereof to be	1797
paid in cash and the amount and nature of any noncash	1798
consideration, the date of delivery of the tax certificates, and	1799
the other terms and conditions of the sale, including, without	1800
limitation, the rate of interest that the tax certificates shall	1801
bear.	1802

(O) "Noncash consideration" means any form of consideration	1803
other than cash, including, but not limited to, promissory notes	1804
whether subordinate or otherwise.	1805

(P) "Private attorney" means for purposes of section 5721.37	1806
of the Revised Code, any attorney licensed to practice law in this	1807
state, whether practicing with a firm of attorneys or otherwise,	1808
whose license has not been revoked or otherwise suspended and who	1809
brings foreclosure proceedings pursuant to section 5721.37 of the	1810
Revised Code on behalf of a certificate holder.	1811

(Q) "Related certificate parcel" means, with respect to a	1812
certificate holder, the certificate parcel with respect to which	1813
the certificate holder has purchased and holds a tax certificate	1814
pursuant to sections 5721.30 to 5721.415721.43 of the Revised	1815
Code and, with respect to a tax certificate, the certificate	1816
parcel against which the tax certificate has been sold pursuant to	1817
those sections.	1818

Sec. 5721.31.  (A) After receipt of a duplicate of the	1819
delinquent land list compiled under section 5721.011 of the	1820
Revised Code, or a delinquent land list compiled previously under	1821
that section, for a county having a population of at least two	1822
hundred thousand according to the most recent federal decennial	1823
census, the county treasurer may select from the list parcels of	1824
delinquent land the lien against which the county treasurer may	1825
attempt to transfer by the sale of tax certificates under sections	1826
5721.30 to 5721.415721.43 of the Revised Code. The county	1827
treasurer may select only those eligible parcels for which taxes,	1828
assessments, penalties, interest, and charges have not yet been	1829
paid or for which a valid delinquent tax contract under section	1830
323.31 of the Revised Code is not in force. Each certificate shall	1831
contain the same information as is required to be contained in the	1832
delinquent land list. The county treasurer shall compile a	1833
separate list, the list of parcels selected for tax certificate	1834
sales, including the same information as is required to be	1835
included in the delinquent land list.	1836

Upon compiling the list of parcels selected for tax	1837
certificate sales, the county treasurer may conduct a title search	1838
for any parcel on the list.	1839

(B)(1) WhenExcept as otherwise provided in division (B)(3)	1840
of this section, when tax certificates are to be sold under	1841
section 5721.32 of the Revised Code with respect to parcels, the	1842
county treasurer shall send written notice by certified or	1843
registered mail to either the owner of record or all interested	1844
parties discoverable through a title search, or both, of each	1845
parcel on the list. A notice to an owner shall be sent to the	1846
owner's last known tax mailing address. The notice shall inform	1847
the owner or interested parties that a tax certificate will be	1848
offered for sale on the parcel, and that the owner or interested	1849
parties may incur additional expenses as a result of the sale.	1850

(2) WhenExcept as otherwise provided in division (B)(3) of	1851
this section, when tax certificates are to be sold under section	1852
5721.33 of the Revised Code with respect to parcels, the county	1853
treasurer, at least sixtythirty days prior to the date of sale of	1854
such tax certificates, shall send written notice of the sale by	1855
certified or registered mail, or both, to the last known	1856
tax-mailing address of the record owner of the property or parcel	1857
and may send such notice to all parties with an interest in the	1858
property that has been recorded in the property records of the	1859
county pursuant to section 317.08 of the Revised Code, the. The	1860
notice shall state that a tax certificate will be offered for sale	1861
on the parcel, and that the owner or interested parties may incur	1862
additional expenses as a result of the sale.	1863

(3) The county treasurer is not required to send a notice	1864
under division (B)(1) or (B)(2) of this section if the treasurer	1865
previously has attempted to send such notice to the owner of the	1866
parcel and the notice has been returned by the post office as	1867
undeliverable. The absence of a valid tax mailing address for the	1868
owner of a parcel does not preclude the county treasurer from	1869
selling a tax certificate for the parcel.	1870

(C) The county treasurer shall advertise the sale of tax	1871
certificates under section 5721.32 of the Revised Code in a	1872
newspaper of general circulation in the county, once a week for	1873
two consecutive weeks. The advertisement shall include the date,	1874
the time, and the place of the public auction, descriptions of the	1875
parcels, and the names of the owners of record of the parcels.	1876

(D) After the county treasurer has compiled the list of	1877
parcels selected for tax certificate sales but before a tax	1878
certificate respecting a parcel is sold, if the owner of record of	1879
the parcel pays to the county treasurer in cash the full amount of	1880
delinquent taxes, assessments, penalties, interest, and charges	1881
then due and payable or enters into a valid delinquent tax	1882
contract under section 323.31 of the Revised Code to pay that	1883
amount, the owner of record of the parcel also shall pay a fee in	1884
an amount prescribed by the treasurer to cover the administrative	1885
costs of the treasurer under this section respecting the parcel	1886
and credited to the tax certificate administration fund.	1887

(E) A tax certificate administration fund shall be created in	1888
the county treasury of each county selling tax certificates under	1889
sections 5721.30 to 5721.415721.43 of the Revised Code. The fund	1890
shall be administered by the county treasurer, and used solely for	1891
the purposes of sections 5721.30 to 5721.415721.43 of the Revised	1892
Code. Any fee received by the treasurer under sections 5721.30 to	1893
5721.415721.43 of the Revised Code shall be credited to the fund,	1894
except the bidder registration fee under division (B) of section	1895
5721.32 of the Revised Code and the county prosecuting attorney's	1896
fee under division (B)(3) of section 5721.37 of the Revised Code.	1897

(F) The county treasurers of more than one county may jointly	1898
conduct a regional sale of tax certificates under section 5721.32	1899
of the Revised Code. A regional sale shall be held at a single	1900
location in one county, where the tax certificates from each of	1901
the participating counties shall be offered for sale at public	1902
auction. Before the regional sale, each county treasurer shall	1903
advertise the sale for the parcels in the treasurer's county as	1904
required by division (C) of this section. At the regional sale,	1905
tax certificates shall be sold on parcels from one county at a	1906
time, with all of the certificates for one county offered for sale	1907
before any certificates for the next county are offered for sale.	1908

(G) The tax commissioner shall prescribe the form of the tax	1909
certificate under this section, and county treasurers shall use	1910
the form prescribed by the commissioner.	1911

Sec. 5721.32.  (A) The sale of tax certificates by public	1912
auction may be conducted at any time after completion of the	1913
advertising of the sale under section 5721.31 of the Revised Code,	1914
on the date and at the time and place designated in the	1915
advertisements, and may be continued from time to time as the	1916
county treasurer directs. The county treasurer may offer the tax	1917
certificates for sale in blocks of tax certificates, consisting of	1918
any number of tax certificates as determined by the county	1919
treasurer.	1920

(B)(1) The sale of tax certificates under this section shall	1921
be conducted at a public auction by the county treasurer or a	1922
designee of the county treasurer.	1923

(2) No person shall be permitted to bid without completing a	1924
bidder registration form, in the form prescribed by the tax	1925
commissioner, and filing the form with the county treasurer prior	1926
to the start of the auction, together with remittance of a	1927
registration fee, in cash, of five hundred dollars. The bidder	1928
registration form shall include a tax identification number of the	1929
registrant. The registration fee is refundable at the end of	1930
bidding on the day of the auction, unless the registrant is the	1931
winning bidder for one or more tax certificates or one or more	1932
blocks of tax certificates, in which case the fee may be applied	1933
toward the deposit required by this section.	1934

(3) The county treasurer may require a person who wishes to	1935
bid on one or more parcels to submit a letter from a financial	1936
institution stating that the bidder has sufficient funds available	1937
to pay the purchase price of the parcels and a written	1938
authorization for the treasurer to verify such information with	1939
the financial institution. The county treasurer may require	1940
submission of the letter and authorization sufficiently in advance	1941
of the auction to allow for verification. No person who fails to	1942
submit the required letter and authorization, or whose financial	1943
institution fails to provide the requested verification, shall be	1944
permitted to bid.	1945

(C) At the auction, the county treasurer or the treasurer's	1946
designee or agent shall begin the bidding at eighteen per cent per	1947
year simple interest, and accept lower bids in even increments of	1948
one-fourth of one per cent to the rate of zero per cent. The	1949
county treasurer, designee, or agent shall award the tax	1950
certificate to the person bidding the lowest certificate rate of	1951
interest.	1952

(D) The winning bidder shall pay the county treasurer a cash	1953
deposit of at least ten per cent of the certificate purchase price	1954
not later than the close of business on the day of the sale. The	1955
winning bidder shall pay the balance and the fee required under	1956
division (H) of this section not later than five business days	1957
after the day on which the certificate is sold. If the winning	1958
bidder fails to pay the balance and fee within the prescribed	1959
time, the bidder forfeits the deposit, and the county treasurer	1960
shall retain the tax certificate and may attempt to sell it at any	1961
auction conducted at a later date. The county treasurer shall	1962
deposit the forfeited deposit in the county treasury to the credit	1963
of the tax certificate administration fund.	1964

(E) Upon receipt of the full payment of the certificate	1965
purchase price from the purchaser, the county treasurer shall	1966
issue the tax certificate and record the tax certificate sale by	1967
marking on the tax certificate and into a tax certificate	1968
register, the certificate purchase price, the certificate rate of	1969
interest, the date the certificate was sold, and the name and	1970
address of the certificate holder, which may be, upon receipt of	1971
instructions from the purchaser, the secured party of the actual	1972
purchaser, or an agent or custodian for the purchaser or secured	1973
party. The county treasurer also shall transfer the tax	1974
certificate to the certificate holder and, upon presentation to	1975
the treasurer of instructions signed by the certificate purchaser,	1976
shall record in the tax certificate register the name and address	1977
of any secured party of the certificate purchaser having a	1978
security interest in the tax certificate. Upon the transfer of a	1979
tax certificate, the county treasurer shall apportion the part of	1980
the proceeds from the sale representing taxes, penalties, and	1981
interest among the several taxing districts in the same proportion	1982
that the amount of taxes levied by each district against the	1983
certificate parcel in the preceding tax year bears to the taxes	1984
levied by all such districts against the certificate parcel in the	1985
preceding tax year, and credit the part of the proceeds	1986
representing assessments and other charges to the items of	1987
assessments and charges in the order in which those items became	1988
due. Upon completion of the sale of a tax certificate, the	1989
delinquent taxes, assessments, penalties, and interest that make	1990
up the certificate purchase price are transferred, and the	1991
superior lien of the state and its taxing districts for those	1992
taxes, assessments, penalties, and interest is conveyed intact to	1993
the certificate holder.	1994

(F) If a tax certificate is offered for sale under this	1995
section but is not sold, the county treasurer may strike the	1996
corresponding certificate parcel from the list of parcels selected	1997
for tax certificate sales. The lien for taxes, assessments,	1998
charges, penalties, and interest against a parcel stricken from	1999
the list thereafter may be foreclosed in the manner prescribed by	2000
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	2001
prior to the institution of such proceedings against the parcel,	2002
the county treasurer restores the parcel to the list of parcels	2003
selected for tax certificate sales.	2004

(G) A certificate holder shall not be liable for damages	2005
arising from a violation of sections 3737.87 to 3737.891 or	2006
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	2007
6111. of the Revised Code, or a rule adopted or order, permit,	2008
license, variance, or plan approval issued under any of those	2009
chapters, that is or was committed by another person in connection	2010
with the parcel for which the tax certificate is held.	2011

(H) When selling a tax certificate under this section, the	2012
county treasurer shall charge a fee to the purchaser of the	2013
certificate. The county treasurer shall set the fee at a	2014
reasonable amount that covers the treasurer's costs of	2015
administering the sale of the tax certificate. The county	2016
treasurer shall deposit the fee in the county treasury to the	2017
credit of the tax certificate administration fund.	2018

(I) After selling a tax certificate under this section, the	2019
county treasurer shall send written notice by certified or	2020
registered mail to the owner of the certificate parcel at the	2021
owner's last known tax-mailing address. The notice shall inform	2022
the owner that the tax certificate was sold, shall describe the	2023
owner's options to redeem the parcel, including entering into a	2024
redemption payment plan under division (C)(1) of section 5721.38	2025
of the Revised Code, and shall name the certificate holder and its	2026
secured party, if any.	2027

(J) A tax certificate shall not be sold to the owner of the	2028
certificate parcel.	2029

Sec. 5721.33.  (A) A county treasurer may, in the treasurer's	2030
discretion, negotiate the sale of any number of tax certificates	2031
with one or more persons, including, without limitation, any	2032
premium to be added to or discount to be subtracted from the	2033
certificate purchase price for the tax certificates and any other	2034
terms of the sale that the county treasurer, in the treasurer's	2035
discretion, determines appropriate or necessary for the sale.	2036

(B) The sale of tax certificates under this section shall be	2037
governed by the criteria established by the county treasurer	2038
pursuant to division (E) of this section.	2039

(C) The county treasurer may execute a tax certificate	2040
sale/purchase agreement and other necessary agreements with a	2041
designated purchaser or purchasers to complete a negotiated sale	2042
of tax certificates.	2043

(D) The tax certificate may be sold at a premium to or	2044
discount from the certificate purchase price. The county treasurer	2045
may establish as one of the terms of the negotiated sale the	2046
portion of the certificate purchase price, plus any applicable	2047
premium or less any applicable discount, that the purchaser or	2048
purchasers shall pay in cash on the date the tax certificates are	2049
sold and the portion, if any, of the certificate purchase price,	2050
plus any applicable premium or less any applicable discount, that	2051
the purchaser or purchasers shall pay in noncash consideration and	2052
the nature of that consideration.	2053

The county treasurer shall sell such tax certificates at a	2054
certificate purchase price, plus any applicable premium and less	2055
any applicable discount, and at a certificate rate of interest	2056
that, in the treasurer's determination, isare in the best	2057
interests of the county.	2058

(E)(1) The county treasurer may promulgateshall adopt rules	2059
governing the eligibility of persons to purchase tax certificates	2060
or to otherwise participate in a negotiated sale under this	2061
section. The rules may provide for precertification of such	2062
persons, including a requirement for disclosure of income, assets,	2063
and any other financial information the county treasurer	2064
determines appropriate. The rules may also may prohibit any person	2065
that is delinquent in the payment of any tax to the county or to	2066
the state, or that is in default in or on any other obligation to	2067
the county or to the state, from purchasing a tax certificate or	2068
otherwise participating in a negotiated sale of tax certificates	2069
under this section. The eligibility information required shall	2070
include the tax identification number of the purchaser and may	2071
include the tax identification number of the participant. The	2072
county treasurer, upon request, shall provide a copy of the rules	2073
adopted under this section.	2074

(2) Any person that intends to purchase a tax certificate in	2075
a negotiated sale shall submit an affidavit to the county	2076
treasurer that establishes compliance with the applicable	2077
eligibility criteria and includes any other information required	2078
by the treasurer. Any person that fails to submit such an	2079
affidavit is ineligible to purchase a tax certificate. Any person	2080
that knowingly submits a false or misleading affidavit shall	2081
forfeit any tax certificate or certificates purchased by the	2082
person at a sale for which the affidavit was submitted, shall be	2083
liable for payment of the full certificate purchase price, plus	2084
any applicable premium and less any applicable discount, of the	2085
tax certificate or certificates, and shall be disqualified from	2086
participating in any tax certificate sale conducted in the county	2087
during the next five years.	2088

(3) A tax certificate shall not be sold to the owner of the	2089
certificate parcel or to any corporation, partnership, or	2090
association in which such owner has an interest. No person that	2091
purchases a tax certificate in a negotiated sale shall assign or	2092
transfer the tax certificate to the owner of the certificate	2093
parcel or to any corporation, partnership, or association in which	2094
the owner has an interest. Any person that knowingly or	2095
negligently transfers or assigns such a tax certificate to the	2096
owner of the certificate parcel or to any corporation,	2097
partnership, or association in which such owner has an interest	2098
shall be liable for payment of the full certificate purchase	2099
price, plus any applicable premium and less any applicable	2100
discount, and shall not be entitled to a refund of any amount	2101
paid. Such tax certificate shall be deemed void and the tax lien	2102
sold under suchthe tax certificate shall revert to the county as	2103
if no sale of suchthe tax certificate had occurred.	2104

(F) The purchaser in a negotiated sale under this section	2105
shall deliver the certificate purchase price, plus any applicable	2106
premium and less any applicable discount and including any noncash	2107
consideration, to the county treasurer not later than the close of	2108
business on the date the tax certificates are delivered to the	2109
purchaser. The certificate purchase price, plus any applicable	2110
premium and less any applicable discount, or portion of the price,	2111
that is paid in cash shall be deposited in the county's general	2112
fund to the credit of the account to which ad valorem real	2113
property taxes are credited and further credited as provided in	2114
division (G) of this section. The purchaser shall also shall pay	2115
on the date the tax certificates are delivered to the purchaser	2116
the fee, if any, negotiated under division (J) of this section. If	2117
the purchaser fails to pay the certificate purchase price, plus	2118
any applicable premium and less any applicable discount, and any	2119
such fee within the time periods required by this section, the	2120
county treasurer shall retain the tax certificate and may attempt	2121
to sell it at any auction or negotiated sale conducted at a later	2122
date.	2123

(G) Upon receipt of the full payment of the certificate	2124
purchase price, plus any applicable premium and less any	2125
applicable discount, and the negotiated fee, if any, from the	2126
purchaser, the county treasurer, or a qualified trustee whom the	2127
treasurer has engaged for such purpose, shall issue the tax	2128
certificate and record the tax certificate sale by marking on each	2129
of the tax certificates sold or, if issued in book-entry form, on	2130
the global tax certificate, and marking into a tax certificate	2131
register, the certificate purchase price, any premium paid or	2132
discount taken, the certificate rate of interest, the date the	2133
certificates were sold, and the name and address of the	2134
certificate holder or, in the case of issuance of the tax	2135
certificates in a book-entry system, the name and address of the	2136
nominee, which may be, upon receipt of instructions from the	2137
purchaser, the secured party of the actual purchaser, or an agent	2138
or custodian for the purchaser or secured party. The county	2139
treasurer also shall transfer the tax certificates to the	2140
certificate holder and, upon presentation to the treasurer of	2141
instructions signed by the certificate purchaser or purchasers,	2142
shall record in the tax certificate register the name and address	2143
of any secured party of the certificate purchaser or purchasers	2144
having a security interest in the tax certificate. Upon the	2145
transfer of the tax certificates, the county treasurer shall	2146
apportion the part of the cash proceeds from the sale representing	2147
taxes, penalties, and interest among the several taxing districts	2148
in the same proportion that the amount of taxes levied by each	2149
district against the certificate parcels in the preceding tax year	2150
bears to the taxes levied by all such districts against the	2151
certificate parcels in the preceding tax year, and credit the part	2152
of the proceeds representing assessments and other charges to the	2153
items of assessments and charges in the order in which those items	2154
became due. If the cash proceeds from the sale are not sufficient	2155
to fully satisfy the items of outstanding delinquent taxes,	2156
assessments, penalties, interest, and charges on the certificate	2157
parcels against which tax certificates were sold, the county	2158
treasurer shall credit the cash proceeds to such items pro rata	2159
based upon the proportion that each such item of delinquent taxes,	2160
assessments, penalties, interest, and charges bears to the	2161
aggregate of all such items, or by any other method that the	2162
county treasurer, in the treasurer's sole discretion, determines	2163
is equitable. Upon completion of the sale of the tax certificates,	2164
the delinquent taxes, assessments, penalties, and interest that	2165
make up the certificate purchase price are transferred, and the	2166
superior lien of the state and its taxing districts for those	2167
taxes, assessments, penalties, and interest is conveyed intact to	2168
the certificate holder or holders.	2169

(H) If a tax certificate is offered for sale under this	2170
section but is not sold, the county treasurer may strike the	2171
corresponding certificate parcel from the list of parcels selected	2172
for tax certificate sales. The lien for taxes, assessments,	2173
charges, penalties, and interest against a parcel stricken from	2174
the list thereafter may be foreclosed in the manner prescribed by	2175
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	2176
prior to the institution of such proceedings against the parcel,	2177
the county treasurer restores the parcel to the list of parcels	2178
selected for tax certificate sales.	2179

(I) Neither a certificate holder nor its secured party, if	2180
any, shall be liable for damages arising from a violation of	2181
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	2182
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	2183
or a rule adopted or order, permit, license, variance, or plan	2184
approval issued under any of those chapters, that is or was	2185
committed by another person in connection with the parcel for	2186
which the tax certificate is held.	2187

(J) When selling a tax certificate under this section, the	2188
county treasurer may negotiate with the purchaser of the	2189
certificate for a fee paid by the purchaser to the treasurer to	2190
reimburse the treasurer for any part or all of the treasurer's	2191
costs of preparing for and administering the sale of the tax	2192
certificate. Such fee, if any, shall be added to the certificate	2193
purchase price of the certificate and shall be paid by the	2194
purchaser on the date of delivery of the tax certificate. The	2195
county treasurer shall deposit the fee in the county treasury to	2196
the credit of the tax certificate administration fund.	2197

(K) After selling tax certificates under this section, the	2198
county treasurer shall send written notice by certified or	2199
registered mail to the last known address of the owner of the	2200
certificate parcel. The notice shall inform the owner that a tax	2201
certificate with respect to such owner's parcel was sold and shall	2202
describe the owner's options to redeem the parcel, including	2203
entering into a redemption payment plan under division (C)(2) of	2204
section 5721.38 of the Revised Code.	2205

Sec. 5721.34.  (A) A county treasurer shall not sell any tax	2206
certificate respecting a parcel of delinquent land upon which the	2207
full amount of delinquent taxes, assessments, penalties, interest,	2208
charges, and costs then due and payable have been paid, or with	2209
respect to which a valid delinquent tax contract under section	2210
323.31 of the Revised Code to pay that amount has been entered	2211
into, prior to the sale of the certificate by the county	2212
treasurer. A certificate sold in violation of this section is	2213
void.	2214

(B) If, within sixty days after the date of the sale of a tax	2215
certificate, the county treasurer discovers that the certificate	2216
is void under division (A) of this section, the holder of the void	2217
certificate is entitled to a refund of the certificate purchase	2218
price, plus any applicable premium and less any applicable	2219
discount, and the fee charged by the treasurer under division (H)	2220
of section 5721.32 or division (J) of section 5721.33 of the	2221
Revised Code, as applicable. If the county treasurer discovers	2222
aftermakes the discovery more than sixty days fromafter the	2223
certificate's date of sale that a tax certificate is void, the	2224
holder of the void certificatealso is entitled to a refund equal	2225
to the certificate purchase price, plus any applicable premium and	2226
less any applicable discount, and the treasurer's fee, plus	2227
interest on the certificate purchase price, plus any applicable	2228
premium and less any applicable discount, at the rate of five per	2229
cent per year. The holder of a void certificate shall present the	2230
certificate to the county treasurer to obtainshall notify the	2231
certificate holder that the certificate is void and shall issue	2232
the refund, and the. The county auditor shall issue a warrant for	2233
the amountportion of the refund from the undivided tax fund,	2234
which portion consists of the certificate purchase price, plus any	2235
applicable premium and less any applicable discount; the portion	2236
of the refund consisting of interest and the treasurer's fee shall	2237
be paid from the tax certificate administration fund.	2238

(C) With respect to a tax certificate sold under section	2239
5721.32 of the Revised Code and found to be void under division	2240
(A) of this section, in addition to the remedies available under	2241
division (B) of this section, the county treasurer may, with the	2242
approval of the certificate holder, substitute for such tax	2243
certificate or portion thereof another tax certificate that has a	2244
value equivalent to the value of the tax certificate found to be	2245
void. Whenever a tax certificate of such equivalent value is to be	2246
substituted for a tax certificate that has been found to be void,	2247
the county treasurer shall provide written notice of the intention	2248
to substitute sucha tax certificate of equivalent value to any	2249
person required to be notified under division (I) of section	2250
5721.32 of the Revised Code.	2251

(D) If an application for the exemption from and remission of	2252
taxes made under section 3735.67 or 5715.27 of the Revised Code,	2253
or under any other section of the Revised Code under the	2254
jurisdiction of the director of environmental protection, is	2255
granted for a parcel for which a tax certificate has been sold,	2256
the county treasurer shall refund to the certificate holder, in	2257
the manner provided in this section, the amount of any taxes	2258
exempted or remitted that were included in the certificate	2259
purchase price. If the whole amount of the taxes included in the	2260
certificate purchase price are exempted or remitted, the tax	2261
certificate is void. If all of the taxes that were included in the	2262
certificate purchase price are not exempted or remitted, the	2263
county treasurer shall adjust the tax certificate register to	2264
reflect the remaining amount of taxes that were not exempted or	2265
remitted, and notify the certificate holder of the adjustment in	2266
writing.	2267

Sec. 5721.37.  (A)(1) With respect to a tax certificate	2268
purchased under section 5721.32 of the Revised Code, or section	2269
5721.42 of the Revised Code in counties to which section 5721.32	2270
of the Revised Code applies, at any time after one year from the	2271
date shown on the tax certificate as the date the tax certificate	2272
was sold, and not later than three years after that date, the	2273
certificate holder may file with the county treasurer a request	2274
for foreclosure, or a private attorney on behalf of the	2275
certificate holder may file with the county treasurer a notice of	2276
intent to foreclose, on a form prescribed by the tax commissioner	2277
and provided by the county treasurer, provided the parcel has not	2278
yet been redeemed under division (A) or (C) of section 5721.38 of	2279
the Revised Code.	2280

(2) With respect to a tax certificate purchased under section	2281
5721.33 of the Revised Code, or section 5721.42 of the Revised	2282
Code in counties to which section 5721.33 of the Revised Code	2283
applies, at any time after one year from the date shown on the tax	2284
certificate as the date the tax certificate was sold, and not	2285
later than six years after that date or any extension of that date	2286
pursuant to division (C)(2) of section 5721.38 of the Revised	2287
Code, a private attorney on behalf of the certificate holder may	2288
file with the county treasurer a notice of intent to foreclose on	2289
a form prescribed by the tax commissioner and provided by the	2290
county treasurer, provided the parcel has not yet been redeemed	2291
under division (A) or (C) of section 5721.38 of the Revised Code.	2292

(3) If(a) With respect to a tax certificate purchased under	2293
section 5721.32 of the Revised Code or section 5721.42 of the	2294
Revised Code in counties to which section 5721.32 of the Revised	2295
Code applies, if, before the expiration of three years fromafter	2296
the date a tax certificate was sold, the owner of property for	2297
which the certificate was sold files a petition in bankruptcy, the	2298
county treasurer shall notify the certificate holder by ordinary	2299
first-class or certified mail of the filing of the petition, and.	2300
If the owner of the property files a petition in bankruptcy, the	2301
last day on which the certificate holder may file a request for	2302
foreclosure shall beis the later of three years fromafter the	2303
date the certificate was sold or one hundred eighty days after the	2304
bankruptcy case is closed; however, the three-year period being	2305
measured from the date that the certificate was sold is tolled	2306
while the owner of the property's petition in bankruptcy is being	2307
heard and remains open.	2308

(b) With respect to a tax certificate purchased under section	2309
5721.33 of the Revised Code or section 5721.42 of the Revised Code	2310
in counties to which section 5721.33 of the Revised Code applies,	2311
if, before the expiration of six years after the date a tax	2312
certificate was sold, the owner of the property files a petition	2313
in bankruptcy, the county treasurer shall notify the certificate	2314
holder by ordinary first-class or certified mail of the filing of	2315
the petition. If the owner of the property files a petition in	2316
bankruptcy, the last day on which the certificate holder may file	2317
a notice of intent to foreclose is the later of six years after	2318
the date that the tax certificate was sold or one hundred eighty	2319
days after the bankruptcy case is closed; however, the six-year	2320
period being measured after the date that the certificate was sold	2321
is tolled while the owner of the property's petition in bankruptcy	2322
is being heard and remains open.	2323

(4) If, before the expiration of three years from the date a	2324
tax certificate was sold, the owner of property for which the	2325
certificate was sold applies for an exemption under section	2326
3735.67 or 5715.27 of the Revised Code or under any other section	2327
of the Revised Code under the jurisdiction of the director of	2328
environmental protection, the county treasurer shall notify the	2329
certificate holder by ordinary first-class or certified mail of	2330
the filing of the application. Once a determination has been made	2331
on the exemption application, the county treasurer shall notify	2332
the certificate holder of the determination by ordinary	2333
first-class or certified mail. The last day on which the	2334
certificate holder may file a request for foreclosure shall be the	2335
later of three years from the date the certificate was sold or	2336
forty-five days after notice of the determination was mailed.	2337

(B) Along with a request for foreclosure or a notice of	2338
intent to foreclose filed under division (A)(1) of this section,	2339
or a notice of intent to foreclose filed under division (A)(2) of	2340
this section and prior to the transfer of title in connection with	2341
foreclosure proceedings filed under division (F) of this section,	2342
the certificate holder shall submit a payment to the county	2343
treasurer equal to the sum of the following:	2344

(1) The certificate redemption prices of all outstanding tax	2345
certificates that have been sold on the parcel, other than tax	2346
certificates held by the person requesting foreclosure;	2347

(2) Any delinquent taxes, assessments, penalties, interest,	2348
and charges that are charged against the certificate parcel that	2349
is the subject of the foreclosure proceedings and that are not	2350
covered by a tax certificate;	2351

(3) If the foreclosure proceedings are filed by the county	2352
prosecuting attorney pursuant to section 323.25, 5721.14, or	2353
5721.18 of the Revised Code, a fee in the amount prescribed by the	2354
county prosecuting attorney to cover the prosecuting attorney's	2355
legal costs incurred in the foreclosure proceeding;	2356

(4) If the foreclosure proceedings are filed by a private	2357
attorney on behalf of the certificate holder pursuant to division	2358
(F) of this section, any other prior liens.	2359

(C)(1) With respect to a certificate purchased under section	2360
5721.32 or 5721.42 of the Revised Code, if the certificate parcel	2361
has not been redeemed, the county treasurer, within five days	2362
after receiving a foreclosure request, shall inform the county	2363
prosecuting attorney that the parcel has not been redeemed and	2364
shall provide a copy of the foreclosure request. The county	2365
treasurer also shall send notice by ordinary mail to all	2366
certificate holders other than the certificate holder requesting	2367
foreclosure that foreclosure has been requested by a certificate	2368
holder and that tax certificates for the certificate parcel may be	2369
redeemed. Within ninety days of receiving the copy of the	2370
foreclosure request, the prosecuting attorney shall commence a	2371
foreclosure proceeding in the name of the county treasurer in the	2372
manner provided under section 323.25, 5721.14, or 5721.18 of the	2373
Revised Code, to foreclose the lien vested in the certificate	2374
holder by the certificate. The prosecuting attorney shall attach	2375
to the complaint the county treasurer's certification that the	2376
parcel has not been redeemed.	2377

(2) With respect to a certificate purchased under section	2378
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	2379
certificate parcel has not been redeemed and a notice of intent to	2380
foreclose has been filed, the county treasurer shall provide	2381
certification to the private attorney that the parcel has not been	2382
redeemed. The county treasurer also shall send notice by ordinary	2383
mail to all certificate holders other than the certificate holder	2384
represented by the attorney that a notice of intent to foreclose	2385
has been filed and that tax certificates for the certificate	2386
parcel may be redeemed. After receipt of that certification, the	2387
private attorney may commence a foreclosure proceeding in the name	2388
of the certificate holder in the manner provided under division	2389
(F) of this section, to foreclose the lien vested in the	2390
certificate holder by the certificate. The private attorney shall	2391
attach to the complaint the county treasurer's certification that	2392
the parcel has not been redeemed.	2393

(D) The county treasurer shall credit the amount received	2394
under division (B)(1) of this section to the tax certificate	2395
redemption fund. The tax certificates respecting the payment shall	2396
be redeemed as provided in division (E) of section 5721.38 of the	2397
Revised Code. The amount received under division (B)(2) of this	2398
section shall be distributed to the taxing districts to which the	2399
delinquencies are owed. The county treasurer shall deposit the fee	2400
received under division (B)(3) of this section in the county	2401
treasury to the credit of the delinquent tax and assessment	2402
collection fund. The amount received under division (B)(4) of this	2403
section shall be distributed to the holder of the prior lien.	2404

(E)(1) If, in the case of a certificate purchased under	2405
section 5721.32 or 5721.42 of the Revised Code, the certificate	2406
holder does not file with the county treasurer a request for	2407
foreclosure or a notice of intent to foreclose along with the	2408
required payment within three years after the date shown on the	2409
tax certificate as the date the certificate was sold, and during	2410
that period the parcel is not redeemed or foreclosed upon, the	2411
certificate holder's lien against the parcel for the amount of	2412
delinquent taxes, assessments, penalties, interest, and charges	2413
that make up the certificate purchaseredemption price is	2414
canceled.	2415

(2)(a) If, in the case of a certificate purchased under	2416
section 5721.33 of the Revised Code, the certificate holder does	2417
not file with the county treasurer a notice of intent to foreclose	2418
with respect to a certificate parcel within six years after the	2419
date shown on the tax certificate as the date the certificate was	2420
sold or any extension of that date pursuant to division (C)(2) of	2421
section 5721.38 of the Revised Code, and during that period the	2422
parcel is not redeemed, the certificate holder's lien against the	2423
parcel for the amount of delinquent taxes, assessments, penalties,	2424
interest, and charges that make up the certificate purchase price	2425
is canceled, subject to division (E)(2)(b) of this section.	2426

(b) In the case of any tax certificate purchased under	2427
section 5721.33 of the Revised Code prior to the effective date of	2428
this amendmentOctober10, 2000, the county treasurer, upon	2429
application by the certificate holder, may sell to the certificate	2430
holder a new certificate extending the three-year period	2431
prescribed by division (E)(2) of this section, as that division	2432
existed prior to that effective dateOctober10, 2000, to six	2433
years after the date shown on the original certificate as the date	2434
it was sold or any extension of that date. The county treasurer	2435
and the certificate holder shall negotiate the premium, in cash,	2436
to be paid for the new certificate sold under this section. If the	2437
county treasurer and certificate holder do not negotiate a	2438
mutually acceptable premium, the county treasurer and certificate	2439
holder may agree to engage a person experienced in the valuation	2440
of financial assets to appraise a fair premium for the new	2441
certificate. The certificate holder has the option to purchase the	2442
new certificate for the fair premium so appraised. Not less than	2443
one-half of the fee of the person so engaged shall be paid by the	2444
certificate holder requesting the new certificate; the remainder	2445
of the fee shall be paid from the proceeds of the sale of the new	2446
certificate. If the certificate holder does not purchase the new	2447
certificate for the premium so appraised, the certificate holder	2448
shall pay the entire fee. The county treasurer shall credit the	2449
remaining proceeds from the sale to the items of taxes,	2450
assessments, penalties, interest, and charges in the order in	2451
which they became due.	2452

A certificate issued under this division vests in the	2453
certificate holder and its secured party, if any, the same rights,	2454
interests, privileges, and immunities as are vested by the	2455
original certificate under sections 5721.30 to 5721.415721.43 of	2456
the Revised Code, except that interest payable under division (B)	2457
of section 5721.38 or division (B) of section 5721.39 of the	2458
Revised Code shall be subject to the amendments to those divisions	2459
by Sub. H.B. 533 of the 123rd general assembly. The certificate	2460
shall be issued in the same form as the form prescribed for the	2461
original certificate issued except for any modifications	2462
necessary, in the county treasurer's discretion, to reflect the	2463
extension under this division of the certificate holder's lien to	2464
six years after the date shown on the original certificate as the	2465
date it was sold or any extension of that date. The certificate	2466
holder may record a certificate issued under division (E)(2)(b) of	2467
this section or memorandum thereof as provided in division (B) of	2468
section 5721.35 of the Revised Code, and the county recorder shall	2469
index the certificate and record any subsequent cancellation of	2470
the lien as provided in that section. The sale of a certificate	2471
extending the lien under division (E)(2)(b) of this section does	2472
not impair the right of redemption of the owner of record of the	2473
certificate parcel or of any other person entitled to redeem the	2474
property.	2475

(F) With respect to tax certificates purchased under section	2476
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	2477
delivery to the certificate holder by the county treasurer of the	2478
certification provided for under division (C)(2) of this section,	2479
a private attorney may institute a foreclosure proceeding under	2480
this division in the name of the certificate holder to foreclose	2481
such holder's lien, in any court with jurisdiction, unless the	2482
certificate redemption price is paid prior to the time a complaint	2483
is filed. The attorney shall prosecute the proceeding to final	2484
judgment and satisfaction, whether through sale of the property or	2485
the vesting of title and possession in the certificate holder.	2486

The foreclosure proceedings under this division, except as	2487
otherwise provided in this division, shall be instituted and	2488
prosecuted in the same manner as is provided by law for the	2489
foreclosure of mortgages on land, except that, if service by	2490
publication is necessary, such publication shall be made once a	2491
week for three consecutive weeks and the service shall be complete	2492
at the expiration of three weeks after the date of the first	2493
publication.	2494

Any notice given under this division shall include the name	2495
of the owner of the parcel as last set forth in the records of the	2496
county recorder, the owner's last known mailing address, the	2497
address of the subject parcel if different from that of the owner,	2498
and a complete legal description of the subject parcel. In any	2499
county that has adopted a permanent parcel number system, such	2500
notice may include the permanent parcel number in addition to a	2501
complete legal description.	2502

It is sufficient, having been made a proper party to the	2503
foreclosure proceeding, for the certificate holder to allege in	2504
such holder's complaint that the tax certificate has been duly	2505
purchased by the certificate holder, that the certificate	2506
redemption price appearing to be due and unpaid is due and unpaid,	2507
and that there is a lien against the property described in the tax	2508
certificate, without setting forth in such holder's complaint any	2509
other special matter relating to the foreclosure proceeding. The	2510
prayer of the complaint shall be that the court issue an order	2511
that the property be sold by the sheriff or, if the action is in	2512
the municipal court, by the bailiff, in the manner provided in	2513
section 5721.19 of the Revised Code, unless the complaint includes	2514
an appraisal by an independent appraiser acceptable to the court	2515
that the value of the certificate parcel is less than the	2516
certificate purchase price. In that case, the prayer of the	2517
complaint shall be that fee simple title to the property be	2518
transferred to and vested in the certificate holder free and clear	2519
of all subordinate liens.	2520

In the foreclosure proceeding, the certificate holder may	2521
join in one action any number of tax certificates relating to the	2522
same owner, provided that all parties on each of the tax	2523
certificates are identical as to name and priority of interest.	2524
However, the decree for each tax certificate shall be rendered	2525
separately and any proceeding may be severed, in the discretion of	2526
the court, for the purpose of trial or appeal. The court shall	2527
make such order for the payment of all costs related directly or	2528
indirectly to the redemption of the tax certificate, including,	2529
without limitation, attorney's fees of the holder's attorney, as	2530
is considered proper. The tax certificate purchased by the	2531
certificate holder is presumptive evidence in all courts and in	2532
all proceedings, including, without limitation, at the trial of	2533
the foreclosure action, of the amount and validity of the taxes,	2534
assessments, charges, penalties by the court and added to such	2535
principal amount, and interest appearing due and unpaid and of	2536
their nonpayment.	2537

(G) For the purposes of this section, "prior liens" means	2538
liens that are prior in right to the lien with respect to the tax	2539
certificate that is the subject of the foreclosure proceedings.	2540

(H) If a parcel is sold under this section, the officer who	2541
conducted the sale shall collect the recording fee from the	2542
purchaser at the time of the sale and, following confirmation of	2543
the sale, shall prepare and record the deed conveying the title to	2544
the parcel to the purchaser.	2545

Sec. 5721.38.  (A) At any time prior to payment to the county	2546
treasurer by the certificate holder to initiate foreclosure	2547
proceedings under division (B) of section 5721.37 of the Revised	2548
Code, the owner of record of the certificate parcel, or any other	2549
person entitled to redeem that parcel, may redeem the parcel by	2550
paying to the county treasurer an amount equal to the total of the	2551
certificate redemption prices of all tax certificates respecting	2552
that parcel plus the sum of taxes, assessments, penalties,	2553
charges, and interest charged against the parcel that have become	2554
due and payable since the date the last certificate was sold.	2555

(B) At any time after payment to the county treasurer by the	2556
certificate holder to initiate foreclosure proceedings under	2557
section 5721.37 of the Revised Code and prior to the filing of the	2558
entry of confirmation of sale of a certificate parcel under	2559
foreclosure proceedings filed by the county prosecuting attorney	2560
or prior to the decree conveying title to the certificate holder	2561
as provided for in division (F) of section 5721.37 of the Revised	2562
Code, the owner of record of the certificate parcel or any other	2563
person entitled to redeem that parcel may redeem the parcel by	2564
paying to the county treasurer the sum of the following amounts:	2565

(1) The amount described in division (A) of this section;

2566

(2) Interest on the certificate purchase price for each tax	2567
certificate sold respecting the parcel at the rate of eighteen per	2568
cent per year for the period beginning on the day on which the	2569
payment was submitted by the certificate holder and ending on the	2570
day the parcel is redeemed under this division, except that such	2571
interest shall not accrue for more than three years after the day	2572
the certificate was purchased if the certificate holder did not	2573
submit payment under division (B) of section 5721.37 of the	2574
Revised Code before the end of that three-year period;	2575

(3) An amount equal to the sum of the prosecuting attorney's	2576
fee under division (C)(1)(B)(3) of section 5721.37 of the Revised	2577
Code if the tax certificate was purchased under section 5721.32 or	2578
5721.42 of the Revised Code;. If the parcel is redeemed before the	2579
complaint has been filed, the prosecuting attorney shall adjust	2580
the fee to reflect services performed to the date of redemption	2581
and the county treasurer shall refund any excess to the	2582
certificate holder.	2583

(4) Any other costs and fees of the proceeding allocable to	2584
the certificate parcel as determined by the court. Upon receipt of	2585
such payments, the county treasurer shall refund the payment made	2586
by the certificate holder to initiate foreclosure proceedings.	2587

(C)(1) During the period beginning on the date a tax	2588
certificate is sold under section 5721.32 of the Revised Code and	2589
ending one year from that date, the county treasurer may enter	2590
into a redemption payment plan with the owner of record of the	2591
certificate parcel or any other person entitled to redeem that	2592
parcel. The plan shall require the owner or other person to pay	2593
the certificate redemption price for the tax certificate in	2594
installments, with the final installment due no later than one	2595
year after the date the tax certificate is sold. The certificate	2596
holder may at any time, by written notice to the county treasurer,	2597
agree to accept installments collected to the date of notice as	2598
payment in full. Receipt of such notice by the treasurer shall	2599
constitute satisfaction of the payment plan and redemption of the	2600
tax certificate.	2601

(2) During the period beginning on the date a tax certificate	2602
is sold under section 5721.33 of the Revised Code and ending on	2603
the date the decree is rendered on the foreclosure proceeding	2604
under division (F) of section 5721.37 of the Revised Code, the	2605
owner of record of the certificate parcel, or any other person	2606
entitled to redeem that parcel, may enter into a redemption	2607
payment plan with the certificate holder and all secured parties	2608
of the certificate holder. The plan shall require the owner or	2609
other person to pay the certificate redemption price for the tax	2610
certificate, an administrative fee not to exceed one hundred	2611
dollars per year, and the actual fees and costs incurred, in	2612
installments, with the final installment due no later than three	2613
years after the date the tax certificate is sold. The certificate	2614
holder shall give written notice of the plan to the applicable	2615
county treasurer within sixty days after entering into the plan	2616
and written notice of default under the plan within ninety days	2617
after the default. If such a plan is entered into, the time period	2618
for filing a notice of intent to foreclose under section 5721.37	2619
of the Revised Code is extended by the length of time the plan is	2620
in effect and not in default.	2621

(D)(1) Immediately upon receipt of full payment under	2622
division (A) or (B) of this section, the county treasurer shall	2623
make an entry to that effect in the tax certificate register and	2624
notify each certificate holder by certified mail, return receipt	2625
requested, that the parcel has been redeemed and the lien canceled	2626
and that the tax certificates may be redeemed. The county	2627
treasurer shall deposit into the tax certificate redemption fund	2628
created in the county treasury an amount equal to the total of the	2629
certificate redemption prices, together with interest on the	2630
certificate purchase price for each tax certificate sold	2631
respecting the parcel at the rate of eighteen per cent per year	2632
paid under division (B) of this section for the period beginning	2633
when the payment was submitted by the certificate holder under	2634
division (B) of section 5721.37 of the Revised Code and ending	2635
when the parcel was redeemed. The county treasurer shall	2636
administer the fund for the purpose of redeeming tax certificates.	2637
Interest earned on the fund shall be credited to the county	2638
general fund.	2639

(2) If a redemption payment plan is entered into pursuant to	2640
division (C)(1) of this section, the county treasurer immediately	2641
shall notify each certificate holder by certified mail, return	2642
receipt requested, of the terms of the plan. Installment payments	2643
made pursuant to the plan shall be deposited in the tax	2644
certificate redemption fund. Any overpayment of the installments	2645
shall be refunded to the person responsible for causing the	2646
overpayment if the person applies for a refund under this section.	2647
If the person responsible for causing the overpayment fails to	2648
apply for a refund under this section within five years from the	2649
date the plan is satisfied, an amount equal to the overpayment	2650
shall be deposited into the general fund of the county.	2651

Upon satisfaction of the plan, the county treasurer shall	2652
indicate in the tax certificate register that the plan has been	2653
satisfied, and shall notify each certificate holder by certified	2654
mail, return receipt requested, that the plan has been satisfied	2655
and that tax certificates may be redeemed.	2656

If a plan becomes void, the county treasurer immediately	2657
shall notify each certificate holder by certified mail, return	2658
receipt requested. If a certificate holder files a request for	2659
foreclosure under section 5721.37 of the Revised Code, upon the	2660
filing of the request for foreclosure, any money paid under the	2661
plan shall be refunded to the person that paid the money under the	2662
plan.	2663

(E) To redeem a tax certificate with respect to which payment	2664
has been made in full under division (A), (B), or (C)(1) of this	2665
section or division (B)(1) of section 5721.37 of the Revised Code,	2666
the certificate holder shall present the tax certificate to the	2667
county treasurer, who shall prepare the redemption information.	2668
Upon presentation, the county auditor shall draw a warrant on the	2669
tax certificate redemption fund in the amount of the certificate	2670
redemption price and any applicable interest payable at the rate	2671
of eighteen per cent annually on the certificate under division	2672
(B) of this section. For a parcel that was redeemed under division	2673
(B) of this section, the certificate holder who paid the amounts	2674
under division (B) of section 5721.37 of the Revised Code shall be	2675
reimbursed for those amounts, together with interest at the rate	2676
of eighteen per cent per year on the amount paid under division	2677
(B)(1) of that section for the period beginning when the payment	2678
was submitted by the certificate holder under division (B) of that	2679
section and ending when the parcel was redeemed. The treasurer	2680
shall mark all copies of the tax certificate "redeemed" and return	2681
the certificate to the certificate holder. The canceled	2682
certificate shall serve as a receipt evidencing redemption of the	2683
tax certificate. If a certificate holder fails to redeem a tax	2684
certificate within five years after notice is served under	2685
division (D) of this section that tax certificates may be	2686
redeemed, an amount equal to the certificate redemption price and	2687
any applicable interest payable at the rate of eighteen per cent	2688
annually on the certificate under division (B) of this section	2689
shall be deposited into the general fund of the county.	2690

Sec. 5721.39.  In its judgment of foreclosure rendered with	2691
respect to actions filed pursuant to section 5721.37 of the	2692
Revised Code, the court shall enter a finding with respect to the	2693
certificate parcel of the amount of the sum of the certificate	2694
redemption prices respecting all the tax certificates sold against	2695
the parcel; interest on the certificate purchase prices of those	2696
certificates at the rate of eighteen per cent per year for the	2697
period beginning on the day on which the payment was submitted by	2698
the certificate holder under division (B) of section 5721.37 of	2699
the Revised Code; any delinquent taxes, assessments, penalties,	2700
interest, and charges on the parcel that are not covered by a tax	2701
certificate; and fees and costs incurred in the foreclosure	2702
proceeding instituted against the parcel, including, without	2703
limitation, the fees and costs of the prosecuting attorney	2704
represented by the fee paid under division (B)(3) of section	2705
5721.37 of the Revised Code or the fees and costs of the private	2706
attorney representing the certificate holder, and charges paid or	2707
incurred in procuring title searches and abstracting services	2708
relative to the subject premises. The court may order the	2709
certificate parcel to be sold, without appraisal, in the manner	2710
provided for in division (F) of section 5721.37 of the Revised	2711
Code and as set forth in the prayer of the complaint, for not less	2712
than the amount of its finding, or, in the event that the court	2713
finds that the value of the certificate parcel is less than the	2714
certificate purchase price, the court may, as prayed for in the	2715
complaint, issue a decree transferring fee simple title free and	2716
clear of all subordinate liens to the certificate holder. A decree	2717
of the court transferring such fee simple title to the certificate	2718
holder is forever a bar to all rights of redemption with respect	2719
to the certificate parcel.	2720

Each certificate parcel shall be advertised and sold by the	2721
officer to whom the order of sale is directed in the manner	2722
provided by law for the sale of real property on execution. The	2723
advertisement for sale of certificate parcels shall be published	2724
once a week for three consecutive weeks and shall include the date	2725
on which a second sale will be conducted if no bid is accepted at	2726
the first sale. Any number of parcels may be included in one	2727
advertisement.	2728

Whenever the officer charged to conduct the sale offers a	2729
certificate parcel for sale and no bids are made equal to at least	2730
the amount of the court's finding, the officer shall adjourn the	2731
sale of the parcel to the second date that was specified in the	2732
advertisement of sale. The second sale shall be held at the same	2733
place and commence at the same time as set forth in the	2734
advertisement of sale. The officer shall offer any parcel not sold	2735
at the first sale. Upon the conclusion of any sale, or if any	2736
parcel remains unsold after being offered at two sales, the	2737
officer conducting the sale shall report the results to the court.	2738

Upon the confirmation of a sale, the proceeds of the sale	2739
shall be applied as follows:	2740

(A) The fees and costs incurred in the proceeding filed	2741
against the parcel pursuant to section 5721.37 of the Revised	2742
Code, not including the county prosecutor's costs covered by the	2743
fee paid by the certificate holder under division (B)(3) of that	2744
section, shall be paid first.	2745

(B) Following the payment required by division (A) of this	2746
section, the certificate holder that requested the foreclosure	2747
shall be paid the sum of the following amounts:	2748

(1) The sum of the amount found due for the certificate	2749
redemption prices of all the tax certificates, other than those	2750
certificates described in division (B)(1) of section 5721.37 of	2751
the Revised Code, that are sold against the parcel to the	2752
certificate holder requesting a notice of foreclosure;	2753

(2) Any premium paid by the certificate holder at the time of	2754
purchase;	2755

(3) Interest on the certificate purchase prices of those	2756
certificatesamounts paid by the certificate holder under division	2757
(B)(1) of section 5721.37 of the Revised Code at the rate of	2758
eighteen per cent per year beginning on the day on which the	2759
payment was submitted by the certificate holder to the county	2760
treasurer and ending on the day immediately preceding the day on	2761
which the proceeds of the foreclosure sale are paid to the	2762
certificate holder;	2763

(4) Interest on the amounts paid by the certificate holder	2764
under divisions (B)(2) and (3) of section 5721.37 of the Revised	2765
Code at the rate of eighteen per cent per year beginning on the	2766
day on which the payment was submitted by the certificate holder	2767
under division (B)divisions (B)(2) and (3) of section 5721.37 of	2768
the Revised Code and ending on the day immediately preceding the	2769
day on which the proceeds of the foreclosure sale are paid to the	2770
certificate holder pursuant to this section, except that such	2771
interest shall not accrue for more than threesix years after the	2772
day the certificate was purchasedamounts were paid by the	2773
certificate holder under divisions (B)(2) and (3) of section	2774
5721.37 of the Revised Code if the certificate holder did not	2775
submit that payment before the end of that three-yearsix-year	2776
period;	2777

(4)(5) The amounts paid by the certificate holder under	2778
divisions (B)(1), (2), and (3) of section 5721.37 of the Revised	2779
Code.	2780

(C) Following the payment required by division (B) of this	2781
section, any amount due for taxes, assessments, charges,	2782
penalties, and interest not covered by the tax certificate	2783
holder's payment under division (B)(2) of section 5721.37 of the	2784
Revised Code shall be paid, including all taxes, assessments,	2785
charges, penalties, and interest payable subsequent to the entry	2786
of the finding and prior to the transfer of the deed of the parcel	2787
to the purchaser following confirmation of sale. If the proceeds	2788
available for distribution pursuant to this division are	2789
insufficient to pay the entire amount of those taxes, assessments,	2790
charges, penalties, and interest, the proceeds shall be paid to	2791
each claimant in proportion to the amount of those taxes,	2792
assessments, charges, penalties, and interest that each is due,	2793
and those taxes, assessments, charges, penalties, and interest are	2794
deemed satisfied and shall be removed from the tax list and	2795
duplicate.	2796

Any residue of money from proceeds of the sale shall be	2797
disposed of as prescribed by section 5721.20 of the Revised Code.	2798

Unless the parcel previously was redeemed pursuant to section	2799
5721.25 or 5721.38 of the Revised Code, upon the filing of the	2800
entry of confirmation of sale, the title to the parcel is	2801
incontestable in the purchaser and is free and clear of all liens	2802
and encumbrances, except a federal tax lien, notice of which lien	2803
is properly filed in accordance with section 317.09 of the Revised	2804
Code prior to the date that a foreclosure proceeding is instituted	2805
pursuant to section 5721.37 of the Revised Code, and which lien	2806
was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except	2807
for the easements and covenants of record running with the land or	2808
lots that were created prior to the time the taxes or assessments,	2809
for the nonpayment of which a tax certificate was issued and the	2810
parcel sold at foreclosure, became due and payable.	2811

The title shall not be invalid because of any irregularity,	2812
informality, or omission of any proceedings under this chapter, or	2813
in any processes of taxation, if such irregularity, informality,	2814
or omission does not abrogate the provision for notice to holders	2815
of title, lien, or mortgage to, or other interests in, such	2816
foreclosed parcels, as prescribed in this chapter.	2817

Sec. 5721.40.  If any certificate parcel is twice offered for	2818
sale pursuant to section 5721.39 of the Revised Code and remains	2819
unsold for want of bidders, the officer who conducted the sales	2820
shall certify to the court that the parcel remains unsold after	2821
two sales. The court, by entry, shall order the parcel forfeited	2822
to the certificate holder who filed the request for foreclosure or	2823
notice of intent to foreclose under section 5721.37 of the Revised	2824
Code. The clerk of the court shall certify copies of the court's	2825
order to the county treasurer. The county treasurer shall notify	2826
the certificate holder by ordinary and certified mail, return	2827
receipt requested, that the parcel remains unsold, and shall	2828
instruct the certificate holder of the manner in which the holder	2829
shall obtain the deed to the parcel. The officer who conducted the	2830
sales shall prepare and record the deed conveying title to the	2831
parcel to the certificate holder.	2832

Upon transfer of the deed to the certificate holder under	2833
this section, all right, title, claim, and interest in the	2834
certificate parcel are transferred to and vested in the	2835
certificate holder.	2836

Sec. 5721.41.  Interest required under sections 5721.30 to	2837
5721.415721.43 of the Revised Code is simple interest. Interest	2838
charges under those sections shall accrue on a monthly basis, on	2839
the first day of the month following the beginning of the period	2840
during which interest accrues and on the first day of each	2841
subsequent month. Notwithstanding the preceding sentence, the six	2842
per cent charge described in division (E)(1)(b) of section 5721.30	2843
of the Revised Code shall apply even if the tax certificate is	2844
redeemed before the first day of the month following the date that	2845
the certificate is purchased.	2846

Sec. 5721.43. (A) No person shall directly, through an agent,	2847
or otherwise initiate contact with the owner of a parcel with	2848
respect to which the person holds a tax certificate to encourage	2849
or demand payment before one year has elapsed following the	2850
purchase of the certificate.	2851

(B) A county treasurer may bar any person who violates	2852
division (A) of this section from bidding at a tax certificate	2853
sale conducted by the treasurer.	2854

(C)(1) The attorney general or county prosecuting attorney,	2855
upon written request of a county treasurer, shall bring an action	2856
for an injunction against any person who has violated, is	2857
violating, or is threatening to violate division (A) of this	2858
section.	2859

(2) Any person who violates division (A) of this section	2860
shall be assessed a civil penalty of not more than five thousand	2861
dollars for each offense to be paid into the state treasury to the	2862
credit of the general revenue fund. Upon written request of a	2863
county treasurer, the attorney general or county prosecuting	2864
attorney shall commence an action against any such violator. Any	2865
action under this division is a civil action, governed by the	2866
Rules of Civil Procedure and other rules of practice and procedure	2867
applicable to civil actions.	2868

Section 2. That existing sections 135.22, 135.341, 135.35,	2869
319.302, 321.24, 321.46, 323.121, 323.31, 4503.06, 5713.20,	2870
5719.051, 5721.10, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34,	2871
5721.37, 5721.38, 5721.39, 5721.40, and 5721.41 of the Revised	2872
Code are hereby repealed.	2873

Section 3.  Sections 5721.37, 5721.38, and 5721.39 of the	2874
Revised Code are presented in this act as composites of the	2875
sections as amended by both Sub. H.B. 493 and Sub. H.B. 533 of the	2876
123rd General Assembly. The General Assembly, applying the	2877
principle stated in division (B) of section 1.52 of the Revised	2878
Code that amendments are to be harmonized if reasonably capable of	2879
simultaneous operation, finds that the composites are the	2880
resulting versions of the sections in effect prior to the	2881
effective date of the sections as presented in this act.	2882