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(127th General Assembly)
(Amended Substitute House Bill Number 24)
AN ACT
To amend sections 718.01, 718.02, and 4763.16 of the
Revised
Code to authorize municipalities to allow
self-employed taxpayers to take a municipal income
tax deduction for amounts paid for medical care
insurance, to authorize municipalities to allow
individuals to deduct amounts paid into health
savings accounts, to limit the entities that may
apply for Real Estate Appraiser Recovery Fund
payments, to allow certain property owners whose
property is located in certain conservancy
districts to have the Supreme Court review denials
of their exceptions to an assessment, to establish
a moratorium on the levying and collection of
assessments by certain conservancy districts, to
provide for the extension of the enhanced motor
vehicle inspection and maintenance program, and
to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 718.01, 718.02, and 4763.16 of the
Revised
Code be amended to read as follows:
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" means a C corporation's
federal taxable income before net operating losses and special
deductions as determined under the Internal Revenue Code, adjusted
as follows:
(a) Deduct intangible income to the extent included in
federal taxable income. The deduction shall be allowed regardless
of whether the intangible income relates to assets used in a trade
or business or assets held for the production of income.
(b) Add an amount equal to five per cent of intangible income
deducted under division (A)(1)(a) of this section, but excluding
that portion of intangible income directly related to the sale,
exchange, or other disposition of property described in section
1221 of the Internal Revenue Code;
(c) Add any losses allowed as a deduction in the computation
of federal taxable income if the losses directly relate to the
sale, exchange, or other disposition of an asset described in
section 1221 or 1231 of the Internal Revenue Code;
(d)(i) Except as provided in division (A)(1)(d)(ii) of this
section, deduct income and gain included in federal taxable income
to the extent the income and gain directly relate to the sale,
exchange, or other disposition of an asset described in section
1221 or 1231 of the Internal Revenue Code;
(ii) Division (A)(1)(d)(i) of this section does not apply to
the extent the income or gain is income or gain described in
section 1245 or 1250 of the Internal Revenue Code.
(e) Add taxes on or measured by net income allowed as a
deduction in the computation of federal taxable income;
(f) In the case of a real estate investment trust and
regulated investment company, add all amounts with respect to
dividends to, distributions to, or amounts set aside for or
credited to the benefit of investors and allowed as a deduction in
the computation of federal taxable income;
(g) If the taxpayer is not a C corporation and is not an
individual, the taxpayer shall compute adjusted federal taxable
income as if the taxpayer were a C corporation, except:
(i) Guaranteed payments and other similar amounts paid or
accrued to a partner, former partner, member, or former member
shall not be allowed as a deductible expense; and
(ii) Amounts paid or accrued to a qualified self-employed
retirement plan with respect to an owner or owner-employee of the
taxpayer, amounts paid or accrued to or for health insurance for
an owner or owner-employee, and amounts paid or accrued to or for
life insurance for an owner or owner-employee shall not be allowed
as a deduction.
Nothing in division (A)(1) of this section shall be construed
as allowing the taxpayer to add or deduct any amount more than
once or shall be construed as allowing any taxpayer to deduct any
amount paid to or accrued for purposes of federal self-employment
tax.
Nothing in this chapter shall be construed as limiting or
removing the ability of any municipal corporation to administer,
audit, and enforce the provisions of its municipal income tax.
(2)
"Internal Revenue Code" means the Internal Revenue Code
of
1986, 100
Stat. 2085, 26 U.S.C. 1, as amended.
(3)
"Schedule C" means internal revenue service schedule C
filed by a
taxpayer pursuant to the Internal Revenue Code.
(4)
"Form 2106" means internal revenue service form 2106
filed by a taxpayer
pursuant to the Internal Revenue Code.
(5)
"Intangible income" means income of any of the following
types: income
yield, interest, capital gains, dividends, or other
income arising
from the ownership, sale,
exchange, or other
disposition of
intangible property including, but not
limited to,
investments,
deposits, money, or credits as those terms are
defined in Chapter
5701. of the Revised Code, and patents,
copyrights, trademarks, tradenames, investments in real estate
investment trusts, investments in regulated investment companies,
and appreciation on deferred compensation. "Intangible income"
does not include prizes, awards, or other income associated with
any lottery winnings or other similar games of chance.
(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) For taxable years beginning on or after January 1, 2004,
"net profit" for a taxpayer other than an individual means
adjusted federal taxable income and "net profit" for a taxpayer
who is an individual means the individual's profit, other than
amounts described in division (F) of this section, required to be
reported on schedule C, schedule E, or schedule F, other than any
amount allowed as a deduction under division (E)(2) or (3) of this
section or amounts described in division (H) of this section.
(8) "Taxpayer" means a person subject to a tax on income
levied by a municipal corporation. Except as provided in division
(J)(L) of this section, "taxpayer" does not include any person
that
is a disregarded entity or a qualifying subchapter S
subsidiary
for federal income tax purposes, but "taxpayer"
includes any other
person who owns the disregarded entity or
qualifying subchapter S
subsidiary.
(9) "Taxable year" means the corresponding tax reporting
period as prescribed for the taxpayer under the Internal Revenue
Code.
(10) "Tax administrator" means the individual charged with
direct responsibility for administration of a tax on income levied
by a municipal corporation and includes:
(a) The central collection agency and the regional income tax
agency and their successors in interest, and other entities
organized to perform functions similar to those performed by the
central collection agency and the regional income tax agency;
(b) A municipal corporation acting as the agent of another
municipal corporation; and
(c) Persons retained by a municipal corporation to administer
a tax levied by the municipal corporation, but only if the
municipal corporation does not compensate the person in whole or
in part on a contingency basis.
(11) "Person" includes individuals, firms, companies,
business trusts, estates, trusts, partnerships, limited liability
companies, associations, corporations, governmental entities, and
any other entity.
(12) "Schedule E" means internal revenue service schedule E
filed by a taxpayer pursuant to the Internal Revenue Code.
(13) "Schedule F" means internal revenue service schedule F
filed by a taxpayer pursuant to the Internal Revenue Code.
(B) No municipal corporation
shall tax income at other than
a uniform
rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess
of one per cent without having obtained the
approval of the excess by a
majority of the electors of the
municipality voting on the question at a
general, primary, or
special election. The legislative authority of the
municipal
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the
ordinance
together with a resolution specifying the date the
election is to be held and
directing the board of elections to
conduct the election. The ballot shall be
in the following form:
"Shall the Ordinance providing for a ... per cent levy
on income
for (Brief description of the purpose of the proposed levy) be
passed?
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FOR THE INCOME TAX |
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AGAINST THE INCOME TAX |
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In the event of an affirmative vote, the proceeds of the
levy
may be used only for the specified purpose.
(D)(1) Except as otherwise provided in division (E) or (F) of
this
section, no municipal corporation shall exempt from
a tax on
income compensation for
personal services of individuals
over
eighteen years of age or the net profit
from a business or
profession.
(2)(a) For taxable years beginning on or after January 1,
2004, no municipal corporation shall tax the net profit from a
business or profession using any base other than the taxpayer's
adjusted federal taxable income.
(b) Division (D)(2)(a) of this section does not apply to any
taxpayer required to file a return under section 5745.03 of the
Revised Code or to the net profit from a sole proprietorship.
(E)(1) The legislative authority of a municipal corporation
may,
by ordinance or resolution, exempt from withholding and from
a tax
on income the following:
(1)(a) Compensation arising from the sale, exchange, or other
disposition of a stock option, the exercise of a stock option, or
the sale, exchange, or other disposition of stock purchased under
a stock option; or
(2)(b) Compensation attributable to a nonqualified deferred
compensation plan or program described in section 3121(v)(2)(C) of
the Internal Revenue Code.
(2) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who is an
individual to deduct, in computing the taxpayer's municipal income
tax liability, an amount equal to the aggregate amount the
taxpayer paid in cash during the taxable year to a health savings
account of the taxpayer, to the extent the taxpayer is entitled to
deduct that amount on internal revenue service form 1040.
(3) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who has a
net profit from a business or profession that is operated as a
sole proprietorship to deduct from that net profit the amount that
the taxpayer paid during the taxable year for medical care
insurance premiums for the taxpayer, the taxpayer's spouse, and
dependents as defined in section 5747.01 of the Revised Code. The
deduction shall be allowed to the same extent the taxpayer is
entitled to deduct the premiums on internal revenue service form
1040. The deduction allowed under this division shall be net of
any related premium refunds, related premium reimbursements, or
related insurance premium dividends received by the taxpayer
during the taxable year.
(F)
If
an individual's
taxable income includes income against
which the taxpayer has taken a
deduction for federal income tax
purposes as reportable on the taxpayer's form
2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's
taxable income an amount equal to the deduction shown
on such form allowable
against such income, to the extent not
otherwise so allowed as a deduction by
the municipal corporation.
(G)(1) In the case of a taxpayer who has a net profit
from a
business or
profession that is operated as a sole proprietorship,
no
municipal
corporation may tax or use as the base for
determining the amount
of
the net profit that shall be considered
as having a taxable
situs in the
municipal corporation, an amount
other than the net profit required to be reported by the taxpayer
on schedule C or F from such sole proprietorship for the taxable
year.
(2) In the case of a taxpayer who has a net profit from
rental
activity required to be reported on schedule E, no
municipal
corporation may tax or use as the base for determining
the amount
of the net profit that shall be considered as having a
taxable
situs in the municipal corporation, an amount other than
the net
profit from rental activities required to be reported by
the
taxpayer on schedule E for the taxable year.
(F)(H) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the
United States and of members of their reserve
components, including the Ohio
national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or
educational institutions to the extent
that such income is derived from
tax-exempt real estate,
tax-exempt tangible or intangible property, or
tax-exempt
activities;
(3) Except as otherwise provided in division (G)(I) of this
section, intangible
income;
(4) Compensation paid under section 3501.28 or 3501.36 of
the
Revised Code to
a person serving as a precinct election
official,
to the extent that such
compensation does not exceed one
thousand
dollars annually. Such compensation
in excess of one
thousand
dollars may be subjected to taxation by a municipal
corporation. A
municipal corporation shall not require the payer
of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit
authority, or regional transit commission created
under Chapter 306. of the
Revised Code for operating a transit bus
or other motor vehicle for the
authority or commission in or
through the municipal corporation, unless the
bus or vehicle is
operated on a regularly scheduled route, the operator is
subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located
within the municipal corporation;
(6) The income of a public utility, when that public utility
is
subject to the tax levied under section 5727.24 or 5727.30 of
the Revised
Code, except a municipal
corporation may tax the
following, subject to
Chapter 5745. of the
Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (F)(H)(6) of this section, "combined
company," "electric
company," and "telephone company" have
the
same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from
federal
gross income pursuant to section 107 of the Internal
Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident
individual to the extent prohibited under
section
718.011 of the Revised Code;
(9)(a) Except as provided in division (F)(H)(9)(b) and (c) of
this section, an S
corporation
shareholder's distributive share of
net
profits of the
S
corporation, other than any part of the
distributive share of
net
profits that represents
wages as defined
in section 3121(a) of
the Internal Revenue Code or net earnings
from self-employment as
defined in section 1402(a) of the Internal
Revenue Code.
(b) If, pursuant to division (H) of former section 718.01 of
the Revised Code as it existed before March 11,2004 11, 2004, a
majority of
the electors of a municipal corporation voted in
favor of the
question at an election held on November 4, 2003,
the municipal
corporation may continue after 2002 to tax an S
corporation
shareholder's distributive share of net profits of an
S
corporation.
(c) If, on December 6, 2002, a municipal corporation was
imposing, assessing, and collecting a tax on an S corporation
shareholder's distributive share of net profits of the S
corporation to the extent the distributive share would be
allocated or apportioned to this state under divisions (B)(1) and
(2) of section 5733.05 of the Revised Code if the S corporation
were a corporation subject to taxes imposed under Chapter 5733. of
the Revised Code, the municipal corporation may continue to impose
the tax on such distributive shares to the extent such shares
would be so allocated or apportioned to this state only until
December 31, 2004, unless a majority of the electors of the
municipal corporation voting on the question of continuing to tax
such shares after that date vote in favor of that question at an
election held November 2, 2004. If a majority of those electors
vote in favor of the question, the municipal corporation may
continue after December 31, 2004, to impose the tax on such
distributive shares only to the extent such shares would be so
allocated or apportioned to this state.
(d) For the purposes of division (D) of section 718.14 of the
Revised Code, a municipal corporation shall be deemed to have
elected to tax S corporation shareholders' distributive shares of
net profits of the S corporation in the hands of the shareholders
if a majority of the electors of a municipal corporation vote in
favor of a question at an election held under division
(F)(H)(9)(b)
or (c) of this section. The municipal corporation
shall specify by
ordinance or rule that the tax applies to the
distributive share
of a shareholder of an S corporation in the
hands of the
shareholder of the S corporation.
(10) Employee compensation that is not "qualifying wages" as
defined in section 718.03 of the Revised Code;
(11) Beginning August 1, 2007, compensation paid to a person
employed within the
boundaries of a United States air force base
under
the jurisdiction of the United States
air force that is
used for the housing of members of the United States air force and
is a center for air force
operations, unless the person is
subject to taxation because of residence or domicile. If the
compensation is subject to taxation because of residence or
domicile, municipal income tax shall be payable only to the
municipal corporation of residence or domicile.
(G)(I) Any municipal corporation that taxes any type of
intangible income on
March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No.
238 of the 116th general
assembly, may continue to tax that type of income
after 1988 if a
majority of the electors of the municipal corporation voting
on
the question of whether to permit the taxation of that type of
intangible
income after 1988 vote in favor thereof at an election
held on November 8,
1988.
(H)(J) Nothing in this section or section 718.02 of the
Revised
Code
shall authorize the levy of any tax on income that a
municipal
corporation is not
authorized to levy under existing
laws or shall require a municipal
corporation to allow a deduction
from taxable income for losses incurred from
a sole proprietorship
or partnership.
(I)(K)(1) Nothing in this chapter prohibits a municipal
corporation from allowing, by resolution or ordinance, a net
operating loss carryforward.
(2) Nothing in this chapter requires a municipal corporation
to allow a net operating loss carryforward.
(J)(L)(1) A single member limited liability company that is a
disregarded entity for federal tax purposes may elect to be a
separate taxpayer from its single member in all Ohio municipal
corporations in which it either filed as a separate taxpayer or
did not file for its taxable year ending in 2003, if all of the
following conditions are met:
(a) The limited liability company's single member is also a
limited liability company;
(b) The limited liability company and its single member were
formed and doing business in one or more Ohio municipal
corporations for at least five years before January 1, 2004;
(c) Not later than December 31, 2004, the limited liability
company and its single member each make an election to be treated
as a separate taxpayer under division (J)(L) of this section;
(d) The limited liability company was not formed for the
purpose of evading or reducing Ohio municipal corporation income
tax liability of the limited liability company or its single
member;
(e) The Ohio municipal corporation that is the primary place
of business of the sole member of the limited liability company
consents to the election.
(2) For purposes of division (J)(L)(1)(e) of this section, a
municipal corporation is the primary place of business of a
limited liability company if, for the limited liability company's
taxable year ending in 2003, its income tax liability is greater
in that municipal corporation than in any other municipal
corporation in Ohio, and that tax liability to that municipal
corporation for its taxable year ending in 2003 is at least four
hundred thousand dollars.
Sec. 718.02. This section does not apply to taxpayers that
are subject to and required to file reports under Chapter 5745. of
the Revised
Code.
(A) Except as otherwise provided in division (D) of this
section, net profit from a
business or profession conducted both
within and without the
boundaries of a municipal corporation shall
be considered as
having a taxable situs in such municipal
corporation for purposes
of municipal income taxation in the same
proportion as the
average ratio of the following:
(1) The average original cost of the real and tangible
personal property owned or used by the taxpayer in the business
or
profession in such municipal corporation during the taxable
period
to the average original cost of all of the real and
tangible
personal property owned or used by the taxpayer in the
business or
profession during the same period, wherever situated.
As used in the preceding paragraph, real property shall
include property rented or leased by the taxpayer and the value
of
such property shall be determined by multiplying the annual
rental
thereon by eight;
(2) Wages, salaries, and other compensation paid during
the
taxable period to persons employed in the business or
profession
for services performed in such municipal corporation
to wages,
salaries, and other compensation paid during the same
period to
persons employed in the business or profession,
wherever their
services are performed, excluding compensation
that is not taxable
by the municipal corporation under section 718.011 of the Revised
Code;
(3) Gross receipts of the business or profession from
sales
made and services performed during the taxable period in
such
municipal corporation to gross receipts of the business or
profession during the same period from sales and services,
wherever made or performed.
If the foregoing apportionment formula does not
produce an
equitable result, another basis may be substituted, under
uniform
regulations, so as to produce an equitable
result.
(B) As used in division (A) of this section,
"sales made
in
a
municipal corporation" mean:
(1) All sales of tangible personal property
delivered within
such municipal corporation regardless of where
title passes if
shipped or delivered from a stock of goods within
such municipal
corporation;
(2) All sales of tangible personal property
delivered within
such municipal corporation regardless of where
title passes even
though transported from a point outside such
municipal corporation
if the taxpayer is regularly engaged
through its own employees in
the solicitation or promotion of
sales within such municipal
corporation and the sales result from
such solicitation or
promotion;
(3) All sales of tangible personal property
shipped from a
place within such municipal corporation to
purchasers outside such
municipal corporation regardless of where
title passes if the
taxpayer is not, through its own employees,
regularly engaged in
the solicitation or promotion of sales at
the place where delivery
is made.
(C) Except as otherwise provided in division (D) of this
section, net profit from rental activity not constituting a
business or profession shall be subject to tax only by the
municipal corporation in which the property generating the net
profit is located.
(D) This section does not apply to individuals who are
residents of the municipal corporation and, except as otherwise
provided in section 718.01 of the Revised Code, a municipal
corporation may impose a tax on all income earned by residents of
the municipal corporation to the extent allowed by the United
States Constitution.
(E) If, in computing the taxpayer's adjusted federal taxable
income, the taxpayer deducted any amount with respect to a stock
option granted to an employee, and if the employee is not required
to include in income any amount or any portion thereof because it
is exempted from taxation under division (F)(H)(10) of section
718.01 of the Revised Code and division (A)(2)(d) of section
718.03 of the Revised Code by a municipal corporation to which the
taxpayer has apportioned a portion of its net profit, the taxpayer
shall add the amount that is exempt from taxation to the
taxpayer's net profit that was apportioned to that municipal
corporation. In no case shall a taxpayer be required to add to its
net profit that was apportioned to that municipal corporation any
amount other than the amount upon which the employee would be
required to pay tax were the amount related to the stock option
not exempted from taxation.
This division applies solely for the purpose of making an
adjustment to the amount of a taxpayer's net profit that was
apportioned to a municipal corporation under divisions (A) and (B)
of this section.
Sec. 4763.16. (A) The real estate appraiser recovery fund
is
hereby created in the state treasury, to be administered by
the
superintendent of real estate. The treasurer of state shall
credit
to the fund amounts collected by the superintendent as
prescribed
in this section and interest earned on the assets of
the fund. The
superintendent shall ascertain the balance of the
fund as of the
first day of October of each year. If that
balance is less than
five hundred thousand dollars, the director
of budget and
management, upon the request of the superintendent,
may transfer
from the real estate appraiser operating fund to the
real estate
appraiser recovery fund a sum as will bring the real
estate
appraiser recovery fund to that amount.
(B) When any person, except a bonding or insurance company
or
any partnership, corporation, or association employing a
person
licensed, registered, or certified under this chapter as
part of
its
usual or occasional operations, obtains a final judgment in
any
court of competent jurisdiction against a certificate holder,
registrant, or
licensee, based upon conduct that is in violation
of this chapter
or the rules adopted under it, which conduct
occurred on or after
the date of their certification,
registration, or licensure, and
that is
associated with an act or
transaction of a certificate holder,
registrant, or
licensee
specified or comprehended in this chapter, that person
may file a
verified complaint, as described in this division, in
any the
Franklin county court of common pleas for an order directing
payment out of
the real estate appraiser recovery fund of the
portion of the
judgment that remains unpaid and that represents
the actual and
direct loss of the person for the act or
transaction upon which
the underlying judgment was based, and
court costs, if awarded in
the underlying judgment, provided that
no person shall receive
more than ten thousand dollars from the
fund for any one
judgment. A bonding or insurance company or any
partnership, corporation, or association that uses any tool to
develop a valuation of real property for purposes of a loan or
that employs, retains, or engages as an independent contractor a
person licensed, registered, or certified as a real estate
appraiser in its usual or occasional operations may not seek an
order directing, and is not eligible for, payment out of the fund.
Punitive or exemplary damages are not recoverable from
the fund.
The complaint shall specify the nature of the act or
transaction upon which the underlying judgment was based, the
activities of the applicant in pursuit of remedies available
under
law for the collection of judgments, and the amount of the
fee
paid by the applicant to the certificate holder, registrant,
or
licensee.
The applicant shall attach to the complaint a copy of
each
pleading and order in the underlying court action.
The Franklin county court of common pleas shall order the
superintendent to make payments
out of the fund when the person
seeking the order has shown all
of the following:
(1) The person has obtained a judgment, as provided in this
division;
(2) All appeals from the judgment have been exhausted and
the
person has given notice to the superintendent, as required by
division (C) of this section;
(3) The person is not a spouse of the certificate holder,
registrant,
or
licensee, or the personal representative of the
spouse;
(4) The person has diligently pursued the person's
remedies
against all the
certificate holders, registrants, licensees, and
all other persons
liable to
the person in the transaction for
which the person seeks
recovery from the fund;
(5) The person is making a complaint not more than one
year
after termination of all proceedings, including appeals, in
connection with the judgment.
(C) A person who applies to a the Franklin county court of
common pleas for an
order directing payment out of the fund shall
file notice of the
complaint with the superintendent. The
superintendent shall send
notice to the affected certificate
holder, registrant, or
licensee, where
possible. The
superintendent may defend the action on behalf of
the fund and
shall have recourse to all appropriate means of
defense and
review, including examination of witnesses. The
superintendent may
move the court at any time to dismiss the
complaint when it
appears there are no triable issues and the
complaint is without
merit. The motion may be supported by
affidavit of any person
having knowledge of the facts and may be
made on the basis that
the complaint, including the judgment
referred to in the
complaint, does not form the basis for a
meritorious
recovery
claim, provided that the superintendent shall give
written notice
to the applicant at least ten days before such
motion. The
superintendent may, subject to court approval,
compromise a claim
based upon the complaint of an aggrieved
party. The superintendent
is not bound by any prior compromise
or stipulation of the
certificate holder, registrant, or
licensee. Upon
petition of the
superintendent, the court may require all
claimants and
prospective claimants against one certificate
holder, registrant,
or licensee to be joined in one action, to
the end that
the
respective rights of all such claimants to the fund may be
equitably adjudicated and settled.
(D) If the superintendent pays from the fund any amount in
settlement of a claim or toward satisfaction of a judgment
against
a certificate holder, registrant, or licensee, the
certificate,
registration, or
license of the certificate holder, registrant, or
licensee
automatically is
suspended upon the date of payment from
the fund. No certificate,
registration,
or license that has been
suspended pursuant to this division
shall be reinstated until the
certificate holder, registrant, or
licensee has
repaid in full,
plus interest per annum at the rate specified in
division (A) of
section 1343.03 of the Revised Code, the amount
paid from the fund
on the certificate holder's, registrant's, or
licensee's account.
A discharge in bankruptcy
does not relieve a person from the
suspension and requirements
for reinstatement provided in this
section.
(E) If, at any time, the money deposited in the fund is
insufficient to satisfy any duly authorized claim or portion of a
claim, the superintendent shall, when sufficient money has been
deposited in the fund, satisfy the unpaid claims or portions, in
the order that the claims or portions were originally filed, plus
accumulated interest per annum at the rate specified in division
(A) of section 1343.03 of the Revised Code.
(F) When, upon the order of the court, the superintendent
has
paid from the fund any sum to the judgment creditor, the
superintendent is subrogated to all of the rights of the judgment
creditor to the extent of the amount so paid, and the judgment
creditor shall assign all of the judgment creditor's right, title,
and interest in the
judgment to the superintendent to the extent
of the amount so
paid. The superintendent shall deposit in the
fund any amount
and interest so recovered by the superintendent on
the judgment.
(G) Nothing contained in this section shall limit the
authority of the real estate appraiser board to take disciplinary
action against a certificate holder, registrant, or licensee
under
other
provisions of this chapter. The repayment in full of all
obligations to the fund by a certificate holder, registrant, or
licensee does
not nullify or modify the effect of any other
disciplinary
proceeding brought pursuant to this chapter, unless
repayment is
imposed as a condition in that proceeding.
(H) The superintendent shall collect from the fund a
service
fee in an amount equivalent to the interest rate
specified in
division (A) of section 1343.03 of the Revised Code
multiplied by
the annual interest earned on the assets of the
fund, to defray
the expenses incurred in the administration of
the fund.
SECTION 2. That existing sections 718.01, 718.02, and
4763.16 of the
Revised Code are hereby repealed.
SECTION 3. The amendment by this act of sections 718.01 and
718.02 of the Revised Code applies to taxable years beginning on
or after January 1, 2008.
SECTION 4. Notwithstanding section 6101.34 of the Revised
Code, the owner of a parcel of land that is located in a
conservancy district that includes all or parts of more than
sixteen counties, on which parcel an assessment was levied under
section 6101.48 or 6101.53 of the Revised Code after January 1,
2007, who filed an exception to the assessment, which exception
was denied, may have the denial reviewed in the Supreme Court so
long as a notice of appeal is filed in the Supreme Court not later
than thirty days after the effective date of this section.
SECTION 5. Notwithstanding Chapter 6101. of the Revised Code,
beginning on the effective date of this section and until January
1, 2009, the board of directors of a conservancy district
established under Chapter 6101. of the Revised Code that includes
all or parts of more than sixteen counties shall not levy or
collect an assessment under section 6101.48 or 6101.53 of the
Revised Code.
Notwithstanding Chapter 6101. of the Revised Code, beginning
on the effective date of this section and until January 1, 2009, a
county treasurer shall not collect an assessment levied under
section 6101.48 or 6101.53 of the Revised Code by a conservancy
district that includes all or parts of more than sixteen counties.
If necessary, a county treasurer shall revise applicable tax
bills. A parcel of land on which such an assessment is levied is
not liable for such an assessment.
SECTION 6. Sections 5, 6, and 7 of this act imply the intent
that the General Assembly will evaluate, with respect to a
conservancy district established under Chapter 6101. of the
Revised Code that includes all or parts of more than sixteen
counties, the composition of the board of directors, the duties of
the board of directors, the levying and collection of an
assessment in the district, and the economic burden on the
citizens in the district in order to determine whether the General
Assembly should enact legislation by June 30, 2008, to revise the
statutes governing such directors, such directors' duties, and the
levying and collection of an assessment in such a district.
SECTION 7. (A) Notwithstanding division (E) of section
3704.14 of the Revised Code, the Governor, by executive order, may
extend through June 30, 2008, the enhanced motor vehicle
inspection
and maintenance program that is operating on the
effective date of
this section in certain counties in this state.
In addition, the
Governor, by executive order, may extend the
terms of any contract
concerning that program in those counties
through June 30,
2008.
(B) If the Governor, in consultation with the Director of
Environmental Protection, determines that the implementation of
the enhanced motor vehicle inspection and maintenance program
referred to in division (A) of this section is necessary for the
state to effectively comply with the requirements of the federal
Clean Air Act after June 30, 2008, the Governor, by executive
order, may order the program to be implemented from July 1, 2008,
through June 30, 2009. The Director of Environmental Protection
shall select a vendor to operate the program during that time
period via a competitive selection process pursuant to Chapter
125. of the Revised Code. Upon the selection of a vendor by the
Director, the Governor, by executive order, shall authorize the
Director to enter into a contract with that vendor to operate the
enhanced program through June 30, 2009.
(C) Implementation of this section depends upon a previously
made appropriation of money for current expenses of state
government. Therefore, under Ohio Constitution, Article II,
Section 1d, this section
goes into immediate effect.
SECTION 8. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
immediate action is needed to clarify the entities that may file
complaints for payments out of the Real Estate Appraiser Recovery
Fund; and the delay in the levying or collection of an assessment
by the board of directors of a conservancy district that includes
all or parts of more than sixteen counties is necessary to provide
additional time for the General Assembly to evaluate the levying
and collection of an assessment by such a district in order to
prevent the citizens of this state who reside in such a district
from being subject to an undue economic burden. Therefore, this
act shall go into immediate effect.
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