As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 359

Representative Huffman 

Cosponsors: Representatives McGregor, J., Peterson, Healy, McGregor, R., Jones, Bacon, Adams, Lundy, Stebelton, Evans, Gibbs, Letson, Slesnick, Patton, Batchelder, Bolon, Boyd, Brown, Chandler, Combs, DeBose, DeGeeter, Dolan, Domenick, Dyer, Flowers, Hite, Hughes, Luckie, Newcomb, Oelslager, Setzer, Skindell, Stewart, D., Strahorn, Williams, S., Yuko 

Senators Amstutz, Spada, Roberts, Sawyer, Harris, Miller, D., Miller, R., Padgett, Stivers, Wilson, Smith, Fedor, Mason 

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A BILL

To amend section 321.261 of the Revised Code to

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authorize the prosecutor and treasurer of a

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county with a population greater than 100,000 to

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utilize surplus delinquent tax collections to

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facilitate nuisance abatement of deteriorated

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residential buildings in foreclosure and to

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prosecute criminal and civil real estate

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transaction-related violations of the law.

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

Section 1. That section 321.261 of the Revised Code be	9
amended to read as follows:	10

Sec. 321.261. (A) Five per cent of all delinquent real	11
property, personal property, and manufactured and mobile home	12
taxes and assessments collected by the county treasurer shall be	13
deposited in the delinquent tax and assessment collection fund,	14
which shall be created in the county treasury. TheExcept as	15
otherwise provided in division (B) of this section, the moneys in	16
the fund, one-half of which shall be appropriated by the board of	17
county commissioners to the treasurer and one-half of which shall	18
be appropriated to the county prosecuting attorney, shall be used	19
solely in connection with the collection of delinquent real	20
property, personal property, and manufactured and mobile home	21
taxes and assessments.	22

Annually by the first day of December, the treasurer and the	23
prosecuting attorney each shall submit a report to the board	24
regarding the use of the moneys appropriated to their respective	25
offices from the delinquent tax and assessment collection fund.	26
Each report shall specify the amount appropriated to the office	27
during the current calendar year, an estimate of the amount so	28
appropriated that will be expended by the end of the year, a	29
summary of how the amount appropriated has been expended in	30
connection with delinquent tax collection activities, and an	31
estimate of the amount that will be credited to the fund during	32
the ensuing calendar year.	33

(B) In a county having a population of more than one hundred	34
thousand according to the department of development's 2006 census	35
estimate, if the county treasurer or prosecuting attorney	36
determines that the amount appropriated to the office from the	37
county's delinquent tax and assessment collection fund under	38
division (A) of this section exceeds the amount required to be	39
used as prescribed by that division, the county treasurer or	40
prosecuting attorney may expend the excess to assist townships or	41
municipal corporations located in the county as provided in this	42
division, provided that the combined amount so expended each year	43
in a county shall not exceed three million dollars. Upon	44
application for the funds by a township or municipal	45
corporation, the county treasurer and prosecuting attorney may	46
assist the township or municipal corporation in abating	47
foreclosed residential nuisances, including paying the costs of	48
securing such buildings, lot maintenance, and demolition. At the	49
prosecuting attorney's discretion, the prosecuting attorney also	50
may apply the funds to costs of prosecuting alleged violations	51
of criminal and civil laws governing real estate and related	52
transactions, including fraud and abuse.	53

Section 2. That existing section 321.261 of the Revised Code	54
are hereby repealed.	55