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As Reported by House Ways and Means Committee
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 41 |
SENATORS GARDNER-MUMPER-DRAKE-JOHNSON-BLESSING-DiDONATO-SPADA-
NEIN-WATTS-WHITE-LATTA-OELSLAGER-SCHAFRATH-ARMBRUSTER-RAY-
REPRESENTATIVES MOTTLEY-JOLIVETTE-HAINES-HOOD-AMSTUTZ-DISTEL-
GRENDELL
A BILL
To amend sections 322.01, 322.02, 322.03, 322.05, and 322.06 and to enact
section
322.07 of the Revised Code to authorize lower real property and manufactured
home transfer
tax rates for property owners who receive the homestead exemption.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 322.01, 322.02, 322.03, 322.05, and 322.06 be amended
and section 322.07 of the Revised Code be enacted to read as follows:
Sec. 322.01. As used in sections 322.01 to 322.05 322.07 of
the Revised Code:
(A) "Value" means, in the case of any deed not a gift in
whole or part, the amount of the full consideration therefor,
paid or to be paid for the real estate described in the deed,
including the amount of any liens thereon, with the following
exceptions:
(1) The amount owed on a debt secured by a mortgage which
has been of record at least twelve months prior to the date of
the conveyance and which is assumed by the purchaser;
(2) The difference between the full amount of
consideration and the unpaid balance owed to the seller at the
time of the conveyance of property to a third party under a land
installment contract that has been of record at least twelve
months prior to the date of conveyance.
(B) "Value" means, in
the case of a manufactured or mobile home that is not a gift in
whole or in part, the amount of the full consideration paid or
to be paid for the home, including the amounts of any liens
thereon.
(C) "Value" means, in the case of a gift in whole or part,
the estimated price
the real estate described in the deed, or the manufactured or mobile
home, would bring in the open
market and under the then existing and prevailing market
conditions in a sale between a willing seller and a willing
buyer, both conversant with the property and with prevailing
general price levels.
(D) "Deed" means any deed, instrument, or writing by which
any real property or any interest in real property is granted,
assigned, transferred, or otherwise conveyed except that it does
not include any deed, instrument, or writing which grants,
assigns, transfers, or otherwise conveys any real property or
interests in real property exempted from the fee required by
division (F)(3) of section 319.54 of the Revised Code.
(E) "Manufactured home" has the same
meaning as in division (C)(4) of section 3781.06 of the Revised
Code.
(F) "Mobile home" has the same meaning as in
division (O) of section 4501.01
of the Revised Code.
Sec. 322.02. (A) For the purpose of paying the costs of
enforcing and administering the tax and providing additional
general revenue for the county, any county may levy and collect a
tax to be known as the real property transfer tax on each deed
conveying real property or any interest in real property located
wholly or partially within the boundaries of such THE county at
a rate not to exceed thirty cents per hundred dollars for each one
hundred dollars or fraction thereof of the value of the real
property or interest in real property located within the
boundaries of the county granted, assigned, transferred, or
otherwise conveyed by such THE deed. Such THE tax
shall be levied
pursuant to a resolution adopted by the board of county
commissioners of such THE county and, EXCEPT AS
PROVIDED IN DIVISION (A) OF SECTION 322.07 of the Revised Code, shall be
levied at a uniform rate upon all deeds as defined in division (D) of section
322.01
of the Revised Code. Prior to the adoption of any such
resolution, the board of county commissioners shall conduct two
public hearings thereon, the second hearing to be not less than
three nor more than ten days after the first. Notice of the
date, time, and place of such THE hearings shall be given by
publication in a newspaper of general circulation in the county
once a week on the same day of the week for two consecutive
weeks, the second publication being not less than ten nor more
than thirty days prior to the first hearing. Such THE tax shall
be
levied upon the grantor named in the deed and shall be paid by
the grantor for the use of the county to the county auditor at
the time of the delivery of the deed as provided in section
319.202 of the Revised Code and prior to the presentation of the
deed to the recorder of the county for recording.
(B) No resolution levying a real property transfer tax pursuant
to this section of the Revised Code
or a manufactured home transfer tax pursuant to section 322.06 of the Revised
Code shall be effective sooner
than thirty days following its adoption and such. SUCH A
resolution is subject to a referendum as provided in sections 305.31 to 305.41
of the Revised Code, unless such THE resolution is adopted as an
emergency measure necessary for the immediate preservation of the
public peace, health, or safety, in which case it shall go into
immediate effect. Such AN emergency measure must receive an
affirmative vote of all of the members of the board of
commissioners, and shall state the reasons for such THE
necessity. A resolution may direct the board of elections to submit the
question of levying the tax to the electors of the county at the
next primary or general election in the county occurring not less
than seventy-five days after such THE resolution is certified to
the board. No such resolution shall go into effect unless approved
by a majority of those voting upon it.
No real property transfer tax levied pursuant to this
section shall be applicable with respect to the conveyance of
real property unless such conveyance takes place on or after
January 1, 1968.
Sec. 322.03. The funds collected by a county levying a real property transfer
tax or a manufactured home transfer tax pursuant to sections 322.01 to
322.06 322.07 of the Revised Code
shall be allocated and disbursed as follows:
(A) First, for payment of the costs incurred by the county in the
administration and enforcement of the tax;
(B) The balance remaining after payment of the expenses referred to in
division (A) of this section shall be deposited in the county general fund to
be expended for any purpose for which general fund moneys of the county may be
used, including the acquisition or construction of permanent improvements, or
in the bond retirement fund for the payment of debt service charges on notes
or bonds of the county issued for the acquisition or construction of permanent
improvements. The amounts to be deposited in each of such THE
funds shall be determined by the board of county commissioners.
Sec. 322.05. The levy of any excise, income, property, real
property, or manufactured home transfer tax or fee by the state
or by any political subdivision thereof OF THE STATE shall
not be construed as preempting the power of a county to levy a real property
or manufactured home transfer tax pursuant to sections 322.01 to
322.06 322.07 of the Revised Code.
Sec. 322.06. (A) For the purpose of paying the
costs of enforcing and administering the tax and providing
additional general revenue for the county, any county may levy
and collect a tax to be known as the manufactured home transfer
tax on each certificate of title that conveys, by resale on or after
January 1, 2000, a
used manufactured home or used mobile home, as defined in division
(A)(6) of section 5739.0210 of the Revised Code,
located wholly or partially within
the boundaries of the county.
(B) The tax shall be assessed at a rate equal to
the real property transfer tax rate of the county as adopted and
levied by the county pursuant to section 322.02 of the
Revised Code.
(C) The EXCEPT AS PROVIDED IN DIVISION (B) OF SECTION
322.07 of the Revised Code, THE manufactured home transfer tax shall be
levied at a uniform rate. THE TAX SHALL BE LEVIED pursuant to a
resolution adopted by the
board of county commissioners of the county in the manner
prescribed by division (A) of section 322.02 of the Revised Code.
(D) The tax shall be levied upon the grantor named
on the certificate of title and paid to the auditor of the
county in which the home is located at the time of the delivery
of the certificate of title and shall be for the use of the
county.
Sec. 322.07. (A) BY RESOLUTION
THE BOARD OF COUNTY COMMISSIONERS MAY PRESCRIBE A LOWER
RATE FOR THE REAL PROPERTY TRANSFER TAX LEVIED UNDER SECTION 322.02 of the Revised Code THAN
THE UNIFORM RATE THAT IS OTHERWISE LEVIED. THE LOWER
RATE SHALL APPLY TO ANY DEED CONVEYING A HOMESTEAD FOR WHICH THE GRANTOR HAS
OBTAINED A CERTIFICATE OF REDUCTION IN TAXES UNDER SECTION 323.154 of the Revised Code FOR A
REDUCTION UNDER DIVISION (A) OF SECTION 323.152 of the Revised Code.
(B) A BOARD OF COUNTY
COMMISSIONERS THAT PRESCRIBES A LOWER REAL PROPERTY TRANSFER TAX
RATE UNDER DIVISION (A) OF THIS
SECTION SHALL PRESCRIBE THE SAME LOWER RATE FOR THE MANUFACTURED
HOME TRANSFER TAX IF IT LEVIES A MANUFACTURED HOME TRANSFER TAX
UNDER SECTION 322.06 OF THE
REVISED
CODE. THE LOWER MANUFACTURED
HOME TRANSFER TAX RATE SHALL APPLY TO ANY CERTIFICATE OF TITLE
CONVEYING A USED MANUFACTURED OR USED MOBILE HOME FOR WHICH THE
GRANTOR HAS OBTAINED A CERTIFICATE OF REDUCTION IN ASSESSABLE
VALUE UNDER SECTION 4503.067 OF THE
REVISED
CODE.
Section 2. That existing sections 322.01, 322.02, 322.03, 322.05, and 322.06
of the Revised Code are hereby repealed.
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