130th Ohio General Assembly
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H. B. No. 404  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 404


Representative Bolon 

Cosponsors: Representatives Domenick, Evans, Fende, Letson, Williams, B., Yuko 



A BILL
To amend section 321.26 of the Revised Code to increase county treasurer fees for property tax collection and to modify how those fees are to be computed.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 321.26 of the Revised Code be amended to read as follows:
Sec. 321.26.  (A) The county treasurer, on settlement with the county auditor, on or before the date prescribed for such settlement or any lawful extension of such date, shall be allowed as fees on all moneys based on the amount of money collected by him on any tax duplicates other than the inheritance duplicate and on all moneys received by him as advance payments of personal and classified property taxes,.
(1) For collection of taxes on the general personal property duplicate and amounts received as advance payments of personal property taxes, the treasurer shall receive the following percentages:
(1)(a) On the first one hundred thousand dollars, two and nine thousand nine hundred forty-seven ten-thousandths of one per cent;
(2)(b) On the next two million dollars, nine thousand nine hundred eighty-two ten-thousandths of one per cent;
(3)(c) On the next two million dollars, seven thousand nine hundred eighty-six ten-thousandths of one per cent;
(4)(d) On all further sums, one thousand nine hundred ninety-six ten-thousandths of one per cent.
(2) For collection of taxes and assessments on the general duplicate of real and public utility property included in a settlement occuring in 2010, the treasurer shall receive the amount collected multiplied by the county fee factor. The county fee factor equals the average of the yearly county fee factors for tax years 2003 through 2006 multiplied by one hundred fifteen per cent. The yearly county fee factor for each of those years equals the average of the first-half fee factor and second-half fee factor. The first-half fee factor equals taxes charged and payable for a tax year multiplied by fifty-two and twenty-five one-hundredths per cent divided by the fees that would be allowed for collection of this amount if the fees were computed under division (A)(1) of this section. The second-half fee factor equals taxes charged and payable for a tax year multiplied by forty-two and seventy-five one-hundredths per cent divided by the fees that would be allowed for collection of this amount if the fees were computed under division (A)(1) of this section.
For collections included in a settlement occuring in 2011 or thereafter, the treasurer shall receive the following:
(a) For collections included in the settlement occurring under division (A) of section 321.24 of the Revised Code, an amount equal to one-half of the total fees the treasurer received in the immediately preceding year;
(b) For collections included in the settlement occurring under division (C) of section 321.24 of the Revised Code, an amount equal to the difference between the fee factor product and the amount determined under division (A)(2)(a) of this section. Except as provided in divisions (A)(2)(b)(i) and (ii) of this section, the fee factor product equals the total settlement amount multiplied by the county fee factor for the preceding year. For purposes of division (A)(2)(b) of this section, "total settlement amount" means the total amount collected for which the county treasurer settles under divisions (A) and (C) of section 321.24 of the Revised Code.
(i) If the total settlement amount is greater than one hundred six per cent of the total settlement amount for the preceding year, the fee factor product equals the fees allowed for the preceding year multiplied by the sum of one hundred six per cent plus one-half of the difference between the percentage by which the total settlement amount increased and six per cent. The county fee factor for the year equals the fee factor product divided by the total settlement amount.
(ii) If the total settlement amount is less than ninety-nine per cent of the total settlement amount for the preceding year, the fee factor product equals ninety-nine per cent of the fees allowed for the preceding year minus one-fourth of the difference between ninety-nine per cent and the percentage that the preceding year's total settlement amount is of the current year's total settlement amount. The county fee factor for the year equals the fee factor product divided by the total settlement amount.
All fee factors calculated under division (A)(2) of this section shall be rounded to the nearest one ten-thousandths of one per cent.
(B) In the event any settlement prescribed by law is not made on or before the date prescribed by law for such settlement, on or before the dates prescribed by any lawful extension thereof, the aggregate compensation allowed to the county treasurer shall be reduced one per cent for each day such settlement is delayed after the prescribed date. No penalty shall apply in the event the auditor and treasurer grant all requests for advances up to ninety per cent of the settlement pursuant to section 321.34 of the Revised Code. The compensation allowed in accordance with this section on settlements made on or before the dates prescribed by law, or the reduced compensation allowed in accordance with this section on settlements made after the date prescribed by law or any lawful extension of such date, shall be apportioned ratably by the auditor and deducted from the shares or portion of the revenue payable to the state as well as to the county, township, corporations, and school districts. On all other moneys collected by the treasurer as fees or as advance payments, except moneys received from the treasurer of state, his the treasurer's predecessors in office, his the treasurer's legal representatives, or the sureties of such predecessors, and except moneys received from the proceeds of the bonds of the county or of any municipal corporation, five-tenths per cent, to be paid upon the warrant of the auditor out of the general fund of the county.
Section 2. That existing section 321.26 of the Revised Code is hereby repealed.
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