Bill Text: OH SB182 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To exempt from property taxation the primary residences of military veterans who are 100% disabled from a service-connected disability.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2009-10-08 - To Ways & Means & Economic Development [SB182 Detail]

Download: Ohio-2009-SB182-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 182


Senator Schaffer 

Cosponsors: Senators Buehrer, Hughes, Patton, Fedor, Jones 



A BILL
To amend sections 323.151, 323.152, 323.153, 1
4503.065, and 4503.066 of the Revised Code to 2
exempt from property taxation the primary 3
residences of military veterans who are 100% 4
disabled from a service-connected disability.5


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

       Section 1.  That sections 323.151, 323.152, 323.153, 6
4503.065, and 4503.066 of the Revised Code be amended to read as 7
follows:8

       Sec. 323.151.  As used in sections 323.151 to 323.159 of the9
Revised Code:10

       (A)(1) "Homestead" means either of the following:11

       (a) A dwelling, including a unit in a multiple-unit dwelling12
and a manufactured home or mobile home taxed as real property13
pursuant to division (B) of section 4503.06 of the Revised Code,14
owned and occupied as a home by an individual whose domicile is 15
in this state and who has not acquired ownership from a person, 16
other than the individual's spouse, related by consanguinity or 17
affinity for the purpose of qualifying for the real property tax 18
reduction provided in section 323.152 of the Revised Code.19

       (b) A unit in a housing cooperative that is occupied as a20
home, but not owned, by an individual whose domicile is in this21
state.22

       (2) The homestead shall include so much of the land 23
surrounding it, not exceeding one acre, as is reasonably necessary 24
for the use of the dwelling or unit as a home. An owner includes a 25
holder of one of the several estates in fee, a vendee in 26
possession under a purchase agreement or a land contract, a 27
mortgagor, a life tenant, one or more tenants with a right of 28
survivorship, tenants in common, and a settlor of a revocable or 29
irrevocable inter vivos trust holding the title to a homestead30
occupied by the settlor as of right under the trust. The tax31
commissioner shall adopt rules for the uniform classification and32
valuation of real property or portions of real property as33
homesteads.34

       (B) "Sixty-five years of age or older" means a person who has 35
attained age sixty-four prior to the first day of January of the 36
year of application for reduction in real estate taxes.37

       (C) "Permanently and totally disabled" means a person other 38
than a disabled veteran who has, on the first day of January of 39
the year of application for reduction in real estate taxes, some 40
impairment in body or mind that makes the person unable to work 41
at any substantially remunerative employment that the person is 42
reasonably able to perform and that will, with reasonable 43
probability, continue for an indefinite period of at least twelve 44
months without any present indication of recovery therefrom or 45
has been certified as permanently and totally disabled by a state 46
or federal agency having the function of so classifying persons.47

       (D) "Housing cooperative" means a housing complex of at least 48
two units that is owned and operated by a nonprofit corporation 49
that issues a share of the corporation's stock to an individual, 50
entitling the individual to live in a unit of the complex, and51
collects a monthly maintenance fee from the individual to52
maintain, operate, and pay the taxes of the complex.53

       (E) "Disabled veteran" means a person who is a veteran of the 54
armed forces of the United States, including reserve components 55
thereof, or of the national guard, who was honorably discharged 56
with a service-connected total and permanent disability, and for 57
whom a letter from the United States government or United States 58
department of veterans affairs, or its predecessor or successor, 59
has been issued certifying that the veteran is totally and 60
permanently disabled from a service-connected disability.61

       Sec. 323.152.  In addition to the reduction in taxes required62
under section 319.302 of the Revised Code, taxes shall be reduced63
as provided in divisions (A) and (B) of this section.64

       (A)(1)(a) Division (A)(1) of this section applies to any of 65
the following:66

       (a)(i) A person who is permanently and totally disabled;67

       (b)(ii) A person who is sixty-five years of age or older;68

       (c)(iii) A person who is the surviving spouse of a deceased69
person who was permanently and totally disabled or sixty-five70
years of age or older and who applied and qualified for a71
reduction in taxes under this division in the year of death,72
provided the surviving spouse is at least fifty-nine but not73
sixty-five or more years of age on the date the deceased spouse74
dies.75

       (2)(b) Real property taxes on a homestead owned and occupied,76
or a homestead in a housing cooperative occupied, by a person to77
whom division (A)(1) of this section applies shall be reduced for78
each year for which an application for the reduction has been 79
approved. The reduction shall equal the greater of the reduction 80
granted for the tax year preceding the first tax year to which 81
this section applies pursuant to Section 803.06 of Am. Sub. 82
H.B. 119 of the 127th general assembly, if the taxpayer 83
received a reduction for that preceding tax year, or the 84
product of the following:85

       (a)(i) Twenty-five thousand dollars of the true value of the 86
property in money;87

       (b)(ii) The assessment percentage established by the tax 88
commissioner under division (B) of section 5715.01 of the Revised 89
Code, not to exceed thirty-five per cent;90

       (c)(iii) The effective tax rate used to calculate the taxes 91
charged against the property for the current year, where 92
"effective tax rate" is defined as in section 323.08 of the 93
Revised Code;94

       (d)(iv) The quantity equal to one minus the sum of the 95
percentage reductions in taxes received by the property for the 96
current tax year under section 319.302 of the Revised Code and 97
division (B) of section 323.152 of the Revised Code.98

       (2) A homestead owned and occupied by a disabled veteran 99
shall be exempted from taxation. Real property taxes on a 100
homestead in a housing cooperative occupied by a disabled veteran 101
shall be reduced by the portion of taxes attributed to the 102
homestead under section 323.159 of the Revised Code. The 103
exemption and reduction under division (A)(2) of this section is 104
in lieu of the reduction in taxes under division (A)(1) of this 105
section and any reduction under section 323.158 of the Revised 106
Code. The exemption or reduction under division (A)(2) of this 107
section applies to only one homestead owned and occupied by a 108
disabled veteran. For the purposes of sections 323.153, 323.154, 109
323.155, 323.156, and 4503.064 of the Revised Code, the exemption 110
under division (A)(2) of this section is a reduction in taxes in 111
the amount of the current taxes that would have been charged and 112
payable against the homestead if the homestead had not been 113
exempted.114

       If a homestead is exempted from taxation under division 115
(A)(2) of this section for the year in which the disabled veteran 116
dies, and the disabled veteran is survived by a spouse who 117
occupied the homestead when the disabled veteran died and who 118
acquires ownership of the homestead or, in the case of a homestead 119
that is a unit in a housing cooperative, continues to occupy the 120
homestead, the exemption shall continue through the year in which 121
the surviving spouse dies, ceases to own or occupy the homestead, 122
or remarries.123

       (B) To provide a partial exemption, real property taxes on 124
any homestead, and manufactured home taxes on any manufactured or 125
mobile home on which a manufactured home tax is assessed pursuant 126
to division (D)(2) of section 4503.06 of the Revised Code, shall 127
be reduced for each year for which an application for the 128
reduction has been approved. The amount of the reduction shall 129
equal two and one-half per cent of the amount of taxes to be 130
levied on the homestead or the manufactured or mobile home after 131
applying section 319.301 of the Revised Code.132

       (C) The reductions and exemption granted by this section do 133
not apply to special assessments or respread of assessments levied 134
against the homestead, and if there is a transfer of ownership 135
subsequent to the filing of an application for a reduction in 136
taxes, such reductions are not forfeited for such year by virtue 137
of such transfer.138

       (D) The reductions in taxable value referred to in this139
section shall be applied solely as a factor for the purpose of140
computing the reduction of taxes under this section, and the 141
reductions and the exemption shall not affect the total value of 142
property in any subdivision or taxing district as listed and 143
assessed for taxation on the tax lists and duplicates, or any 144
direct or indirect limitations on indebtedness of a subdivision or 145
taxing district. If after application of sections 5705.31 and 146
5705.32 of the Revised Code, including the allocation of all 147
levies within the ten-mill limitation to debt charges to the 148
extent therein provided, there would be insufficient funds for 149
payment of debt charges not provided for by levies in excess of 150
the ten-mill limitation, the reduction of taxes provided for in 151
sections 323.151 to 323.159 of the Revised Code shall be 152
proportionately adjusted to the extent necessary to provide such 153
funds from levies within the ten-mill limitation.154

       (E) No reduction in taxes or exemption from taxation shall be 155
made on the taxes due onunder this section for the homestead of 156
any person convicted of violating division (D) or (E) of 157
section 323.153 of the Revised Code for a period of three years158
following the conviction.159

       Sec. 323.153.  (A) To obtain a reduction in real property160
taxes under division (A) or (B) of section 323.152 of the Revised161
Code or in manufactured home taxes under division (B) of section162
323.152 of the Revised Code, the owner shall file an application163
with the county auditor of the county in which the owner's164
homestead is located.165

       To obtain a reduction in real property taxes under division166
(A) of section 323.152 of the Revised Code, the occupant of a167
homestead in a housing cooperative shall file an application with168
the nonprofit corporation that owns and operates the housing169
cooperative, in accordance with this paragraph. Not later than the 170
first day of March each year, the corporation shall obtain171
applications from the county auditor's office and provide one to172
each new occupant. Not later than the first day of May, any173
occupant who may be eligible for a reduction in taxes under174
division (A) of section 323.152 of the Revised Code shall submit175
the completed application to the corporation. Not later than the176
fifteenth day of May, the corporation shall file all completed177
applications, and the information required by division (B) of178
section 323.159 of the Revised Code, with the county auditor of179
the county in which the occupants' homesteads are located. 180
Continuing applications shall be furnished to an occupant in the181
manner provided in division (C)(4) of this section.182

       (1) An application for reduction based upon a physical183
disability shall be accompanied by a certificate signed by a184
physician, and an application for reduction based upon a mental185
disability shall be accompanied by a certificate signed by a186
physician or psychologist licensed to practice in this state,187
attesting to the fact that the applicant is permanently and188
totally disabled. The certificate shall be in a form that the tax189
commissioner requires and shall include the definition of190
permanently and totally disabled as set forth in section 323.151191
of the Revised Code. An application for reduction based upon a192
disability certified as permanent and total by a state or federal193
agency having the function of so classifying persons shall be194
accompanied by a certificate from that agency. An application by 195
a disabled veteran for the exemption under division (A)(2) of 196
section 323.152 of the Revised Code shall be accompanied by a 197
letter or other written confirmation from the United States 198
government or United States department of veterans affairs, or its 199
predecessor or successor agency, certifying that the veteran is 200
totally and permanently disabled from a service-connected 201
disability.202

       An application for a reduction under division (A) of section 203
323.152 of the Revised Code constitutes a continuing application 204
for a reduction in taxes for each year in which the dwelling is 205
the applicant's homestead.206

       (2) An application for a reduction in taxes under division207
(B) of section 323.152 of the Revised Code shall be filed only if208
the homestead or manufactured or mobile home was transferred in209
the preceding year or did not qualify for and receive the210
reduction in taxes under that division for the preceding tax year. 211
The application for homesteads transferred in the preceding year212
shall be incorporated into any form used by the county auditor to213
administer the tax law in respect to the conveyance of real214
property pursuant to section 319.20 of the Revised Code or of used215
manufactured homes or used mobile homes as defined in section216
5739.0210 of the Revised Code. The owner of a manufactured or217
mobile home who has elected under division (D)(4) of section218
4503.06 of the Revised Code to be taxed under division (D)(2) of219
that section for the ensuing year may file the application at the220
time of making that election. The application shall contain a221
statement that failure by the applicant to affirm on the222
application that the dwelling on the property conveyed is the223
applicant's homestead prohibits the owner from receiving the224
reduction in taxes until a proper application is filed within the225
period prescribed by division (A)(3) of this section. Such an226
application constitutes a continuing application for a reduction227
in taxes for each year in which the dwelling is the applicant's228
homestead.229

       (3) Failure to receive a new application filed under division 230
(A)(1) or (2) or notification under division (C) of this section 231
after an application for reduction has been approved is232
prima-facie evidence that the original applicant is entitled to233
the reduction in taxes calculated on the basis of the information234
contained in the original application. The original application235
and any subsequent application, including any late application,236
shall be in the form of a signed statement and shall be filed237
after the first Monday in January and not later than the first238
Monday in June. The original application and any subsequent239
application for a reduction in real property taxes shall be filed240
in the year for which the reduction is sought. The original241
application and any subsequent application for a reduction in242
manufactured home taxes shall be filed in the year preceding the243
year for which the reduction is sought. The statement shall be on244
a form, devised and supplied by the tax commissioner, which shall245
require no more information than is necessary to establish the246
applicant's eligibility for the reduction in taxes and the amount247
of the reduction, and, except for homesteads that are units in a 248
housing cooperative, shall include an affirmation by the 249
applicant that ownership of the homestead was not acquired from a 250
person, other than the applicant's spouse, related to the owner by 251
consanguinity or affinity for the purpose of qualifying for the 252
real property or manufactured home tax reduction provided for in 253
division (A) or (B) of section 323.152 of the Revised Code. The 254
form shall contain a statement that conviction of willfully255
falsifying information to obtain a reduction in taxes or failing256
to comply with division (C) of this section results in the257
revocation of the right to the reduction for a period of three258
years. 259

       (B) A late application for a tax reduction for the year260
preceding the year in which an original application is filed, or261
for a reduction in manufactured home taxes for the year in which262
an original application is filed, may be filed with the original263
application. If the county auditor determines the information264
contained in the late application is correct, the auditor shall265
determine the amount of the reduction in taxes to which the266
applicant would have been entitled for the preceding tax year had267
the applicant's application been timely filed and approved in that268
year.269

       The amount of such reduction shall be treated by the auditor270
as an overpayment of taxes by the applicant and shall be refunded271
in the manner prescribed in section 5715.22 of the Revised Code272
for making refunds of overpayments. On the first day of July of273
each year, the county auditor shall certify the total amount of274
the reductions in taxes made in the current year under this275
division to the tax commissioner, who shall treat the full amount276
thereof as a reduction in taxes for the preceding tax year and277
shall make reimbursement to the county therefor in the manner278
prescribed by section 323.156 of the Revised Code, from money279
appropriated for that purpose.280

       (C)(1) If, in any year after an application has been filed281
under division (A)(1) or (2) of this section, the owner does not282
qualify for a reduction in taxes on the homestead or on the283
manufactured or mobile home set forth on such application, the 284
owner shall notify the county auditor that the owner is not 285
qualified for a reduction in taxes.286

       (2) If, in any year after an application has been filed under287
division (A) of this section, the occupant of a homestead in a288
housing cooperative does not qualify for a reduction in taxes on 289
the homestead, the occupant shall notify the county auditor that 290
the occupant is not qualified for a reduction in taxes or file a 291
new application under division (A) of this section.292

       (3) If the county auditor or county treasurer discovers that293
the owner of property not entitled to the reduction in taxes under294
division (B) of section 323.152 of the Revised Code failed to295
notify the county auditor as required by division (C)(1) of this296
section, a charge shall be imposed against the property in the297
amount by which taxes were reduced under that division for each298
tax year the county auditor ascertains that the property was not299
entitled to the reduction and was owned by the current owner.300
Interest shall accrue in the manner prescribed by division (B) of301
section 323.121 or division (G)(2) of section 4503.06 of the302
Revised Code on the amount by which taxes were reduced for each303
such tax year as if the reduction became delinquent taxes at the304
close of the last day the second installment of taxes for that tax305
year could be paid without penalty. The county auditor shall306
notify the owner, by ordinary mail, of the charge, of the owner's307
right to appeal the charge, and of the manner in which the owner308
may appeal. The owner may appeal the imposition of the charge and309
interest by filing an appeal with the county board of revision not310
later than the last day prescribed for payment of real and public311
utility property taxes under section 323.12 of the Revised Code312
following receipt of the notice and occurring at least ninety days313
after receipt of the notice. The appeal shall be treated in the314
same manner as a complaint relating to the valuation or assessment315
of real property under Chapter 5715. of the Revised Code. The316
charge and any interest shall be collected as other delinquent317
taxes.318

       (4) Each year during January, the county auditor shall319
furnish by ordinary mail a continuing application to each person 320
receiving a reduction under division (A) of section 323.152 of 321
the Revised Code. The continuing application shall be used to 322
report changes in ownership, occupancy, disability, and other 323
information earlier furnished the auditor relative to the 324
reduction in taxes on the property. The continuing application325
shall be returned to the auditor not later than the first Monday326
in June; provided, that if such changes do not affect the status327
of the homestead exemption or the amount of the reduction to328
which the owner is entitled under division (A) of section 323.152329
of the Revised Code or to which the occupant is entitled under 330
section 323.159 of the Revised Code, the application does not 331
need to be returned.332

       (5) Each year during February, the county auditor, except as333
otherwise provided in this paragraph, shall furnish by ordinary334
mail an original application to the owner, as of the first day of335
January of that year, of a homestead or a manufactured or mobile336
home that transferred during the preceding calendar year and that337
qualified for and received a reduction in taxes under division (B)338
of section 323.152 of the Revised Code for the preceding tax year. 339
In order to receive the reduction under that division, the owner340
shall file the application with the county auditor not later than341
the first Monday in June. If the application is not timely filed,342
the auditor shall not grant a reduction in taxes for the homestead343
for the current year, and shall notify the owner that the344
reduction in taxes has not been granted, in the same manner345
prescribed under section 323.154 of the Revised Code for346
notification of denial of an application. Failure of an owner to347
receive an application does not excuse the failure of the owner to348
file an original application. The county auditor is not required349
to furnish an application under this paragraph for any homestead350
for which application has previously been made on a form351
incorporated into any form used by the county auditor to352
administer the tax law in respect to the conveyance of real353
property or of used manufactured homes or used mobile homes, and354
an owner who previously has applied on such a form is not required355
to return an application furnished under this paragraph.356

       (D) No person shall knowingly make a false statement for the357
purpose of obtaining a reduction in the person's real property or358
manufactured home taxes under section 323.152 of the Revised Code.359

       (E) No person shall knowingly fail to notify the county360
auditor of changes required by division (C) of this section that361
have the effect of maintaining or securing a reduction in taxes 362
under section 323.152 of the Revised Code.363

       (F) No person shall knowingly make a false statement or364
certification attesting to any person's physical or mental365
condition for purposes of qualifying such person for tax relief366
pursuant to sections 323.151 to 323.159 of the Revised Code.367

       Sec. 4503.065.  (A) This(1) Division (A) of this section 368
applies to any of the following:369

       (1)(a) An individual who is permanently and totally disabled;370

       (2)(b) An individual who is sixty-five years of age or older;371

       (3)(c) An individual who is the surviving spouse of a372
deceased person who was permanently and totally disabled or373
sixty-five years of age or older and who applied and qualified for 374
a reduction in assessable value under this section in the year of375
death, provided the surviving spouse is at least fifty-nine but376
not sixty-five or more years of age on the date the deceased377
spouse dies.378

       (B)(2) The manufactured home tax on a manufactured or mobile379
home that is paid pursuant to division (C) of section 4503.06 of380
the Revised Code and that is owned and occupied as a home by an381
individual whose domicile is in this state and to whom this382
section applies, shall be reduced for any tax year for which an 383
application for such reduction has been approved, provided the384
individual did not acquire ownership from a person, other than385
the individual's spouse, related by consanguinity or affinity for 386
the purpose of qualifying for the reduction. An owner includes a 387
settlor of a revocable or irrevocable inter vivos trust holding388
the title to a manufactured or mobile home occupied by the 389
settlor as of right under the trust.390

       (1)(a) For manufactured and mobile homes for which the tax 391
imposed by section 4503.06 of the Revised Code is computed under 392
division (D)(2) of that section, the reduction shall equal the 393
greater of the reduction granted for the tax year preceding the 394
first tax year to which this section applies pursuant to Section 395
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if 396
the taxpayer received a reduction for that preceding tax year, 397
or the product of the following:398

       (a)(i) Twenty-five thousand dollars of the true value of the 399
property in money;400

       (b)(ii) The assessment percentage established by the tax 401
commissioner under division (B) of section 5715.01 of the Revised 402
Code, not to exceed thirty-five per cent;403

       (c)(iii) The effective tax rate used to calculate the taxes 404
charged against the property for the current year, where 405
"effective tax rate" is defined as in section 323.08 of the 406
Revised Code;407

       (d)(iv) The quantity equal to one minus the sum of the 408
percentage reductions in taxes received by the property for the 409
current tax year under section 319.302 of the Revised Code and 410
division (B) of section 323.152 of the Revised Code.411

       (2)(b) For manufactured and mobile homes for which the tax 412
imposed by section 4503.06 of the Revised Code is computed under 413
division (D)(1) of that section, the reduction shall equal the 414
greater of the reduction granted for the tax year preceding the 415
first tax year to which this section applies pursuant to Section 416
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the 417
taxpayer received a reduction for that preceding tax year, or the 418
product of the following:419

       (a)(i) Twenty-five thousand dollars of the cost to the owner, 420
or the market value at the time of purchase, whichever is 421
greater, as those terms are used in division (D)(1) of section 422
4503.06 of the Revised Code;423

       (b)(ii) The percentage from the appropriate schedule in 424
division (D)(1)(b) of section 4503.06 of the Revised Code;425

       (c)(iii) The assessment percentage of forty per cent used in 426
division (D)(1)(b) of section 4503.06 of the Revised Code;427

       (d)(iv) The tax rate of the taxing district in which the home 428
has its situs.429

       (B) A manufactured or mobile home owned and occupied as a 430
home by a disabled veteran, as defined in section 323.151 of the 431
Revised Code, shall be exempted from the manufactured home tax 432
imposed under division (C) of section 4503.06 of the Revised Code, 433
if the disabled veteran did not acquire ownership from a person, 434
other than the person's spouse, related by consanguinity or 435
affinity for the purpose of qualifying for the exemption. An owner 436
includes an owner within the meaning of division (A)(2) of this 437
section. The exemption under this division is in lieu of the 438
reduction in taxes under division (A) of this section and any 439
reduction under section 4503.0610 of the Revised Code. The 440
exemption under this division applies to only one manufactured or 441
mobile home owned and occupied by a disabled veteran. For the 442
purposes of sections 4503.064 to 4503.069 of the Revised Code, the 443
exemption under division (B) of this section is a reduction in 444
manufactured home taxes in the amount of the current manufactured 445
home taxes that would have been charged and payable against the 446
homestead if the homestead had not been exempted.447

       If a manufactured or mobile home is exempted from taxation 448
under this division for the year in which the disabled veteran 449
dies, and the disabled veteran is survived by a spouse who 450
occupied the home when the disabled veteran died and who acquires 451
ownership of the home, the exemption shall continue through the 452
year in which the surviving spouse dies, ceases to own or occupy 453
the manufactured or mobile home, or remarries.454

       (C) If the owner or the spouse of the owner of a manufactured 455
or mobile home is eligible for a homestead exemption on the land 456
upon which the home is located, the reduction to which the owner 457
or spouse is entitled under this section shall not exceed the 458
difference between the reduction to which the owner or spouse is 459
entitled under division (B) of this section and the amount of the 460
reduction under the homestead exemption.461

       (D) No reduction shall be made with respect to the home of 462
any person convicted of violating division (C) or (D) of section 463
4503.066 of the Revised Code for a period of three years 464
following the conviction.465

       Sec. 4503.066.  (A)(1) To obtain a tax reduction under 466
section 4503.065 of the Revised Code, the owner of the home shall 467
file an application with the county auditor of the county in which 468
the home is located. An application for reduction in taxes based 469
upon a physical disability shall be accompanied by a certificate 470
signed by a physician, and an application for reduction in taxes 471
based upon a mental disability shall be accompanied by a 472
certificate signed by a physician or psychologist licensed to 473
practice in this state. The certificate shall attest to the fact 474
that the applicant is permanently and totally disabled, shall be 475
in a form that the department of taxation requires, and shall 476
include the definition of totally and permanently disabled as set 477
forth in section 4503.064 of the Revised Code. An application for 478
reduction in taxes based upon a disability certified as permanent479
and total by a state or federal agency having the function of so480
classifying persons shall be accompanied by a certificate from481
that agency. An application by a disabled veteran for the 482
exemption under division (B) of section 4503.065 of the Revised 483
Code shall be accompanied by a letter or other written 484
confirmation from the United States government or United States 485
department of veterans affairs, or its predecessor or successor 486
agency, certifying that the veteran is totally and permanently 487
disabled from a service-connected disability.488

       (2) Each application shall constitute a continuing489
application for a reduction in taxes for each year in which the 490
manufactured or mobile home is occupied by the applicant. 491
Failure to receive a new application or notification under 492
division (B) of this section after an application for reduction 493
has been approved is prima-facie evidence that the original 494
applicant is entitled to the reduction calculated on the basis 495
of the information contained in the original application. The 496
original application and any subsequent application shall be in 497
the form of a signed statement and shall be filed not later than 498
the first Monday in June. The statement shall be on a form, 499
devised and supplied by the tax commissioner, that shall require 500
no more information than is necessary to establish the 501
applicant's eligibility for the reduction in taxes and the 502
amount of the reduction to which the applicant is entitled. The503
form also shall contain a statement that conviction of willfully504
falsifying information to obtain a reduction in taxes or 505
failing to comply with division (B) of this section shall result 506
in the revocation of the right to the reduction for a period of 507
three years.508

       (3) A late application for a reduction in taxes for the year 509
preceding the year for which an original application is filed may 510
be filed with an original application. If the auditor determines 511
that the information contained in the late application is correct, 512
the auditor shall determine both the amount of the reduction in 513
taxes to which the applicant would have been entitled for the 514
current tax year had the application been timely filed and 515
approved in the preceding year, and the amount the taxes levied 516
under section 4503.06 of the Revised Code for the current year 517
would have been reduced as a result of the reduction. When an 518
applicant is permanently and totally disabled on the first day of 519
January of the year in which the applicant files a late 520
application, the auditor, in making the determination of the 521
amounts of the reduction in taxes under division (A)(3) of this 522
section, is not required to determine that the applicant was523
permanently and totally disabled on the first day of January of524
the preceding year.525

       The amount of the reduction in taxes pursuant to a late526
application shall be treated as an overpayment of taxes by the527
applicant. The auditor shall credit the amount of the overpayment528
against the amount of the taxes or penalties then due from the529
applicant, and, at the next succeeding settlement, the amount of530
the credit shall be deducted from the amount of any taxes or531
penalties distributable to the county or any taxing unit in the532
county that has received the benefit of the taxes or penalties533
previously overpaid, in proportion to the benefits previously534
received. If, after the credit has been made, there remains a535
balance of the overpayment, or if there are no taxes or penalties536
due from the applicant, the auditor shall refund that balance to537
the applicant by a warrant drawn on the county treasurer in favor538
of the applicant. The treasurer shall pay the warrant from the539
general fund of the county. If there is insufficient money in the540
general fund to make the payment, the treasurer shall pay the541
warrant out of any undivided manufactured or mobile home taxes542
subsequently received by the treasurer for distribution to the543
county or taxing district in the county that received the benefit544
of the overpaid taxes, in proportion to the benefits previously545
received, and the amount paid from the undivided funds shall be546
deducted from the money otherwise distributable to the county or547
taxing district in the county at the next or any succeeding548
distribution. At the next or any succeeding distribution after549
making the refund, the treasurer shall reimburse the general fund550
for any payment made from that fund by deducting the amount of551
that payment from the money distributable to the county or other552
taxing unit in the county that has received the benefit of the553
taxes, in proportion to the benefits previously received. On the554
second Monday in September of each year, the county auditor shall555
certify the total amount of the reductions in taxes made in the556
current year under division (A)(3) of this section to the tax557
commissioner who shall treat that amount as a reduction in taxes558
for the current tax year and shall make reimbursement to the559
county of that amount in the manner prescribed in section 4503.068560
of the Revised Code, from moneys appropriated for that purpose.561

       (B) If in any year for which an application for reduction in 562
taxes has been approved the owner no longer qualifies for the563
reduction, the owner shall notify the county auditor that the 564
owner is not qualified for a reduction in taxes.565

       During January of each year, the county auditor shall furnish566
each person whose application for reduction has been approved,567
by ordinary mail, a form on which to report any changes in 568
ownership, occupancy, disability, and other information earlier 569
furnished the auditor relative to the application.570

       (C) No person shall knowingly make a false statement for the571
purpose of obtaining a reduction in taxes under section 4503.065 572
of the Revised Code.573

       (D) No person shall knowingly fail to notify the county574
auditor of any change required by division (B) of this section575
that has the effect of maintaining or securing a reduction in 576
taxes under section 4503.065 of the Revised Code.577

       (E) No person shall knowingly make a false statement or578
certification attesting to any person's physical or mental579
condition for purposes of qualifying such person for tax relief580
pursuant to sections 4503.064 to 4503.069 of the Revised Code.581

       (F) Whoever violates division (C), (D), or (E) of this582
section is guilty of a misdemeanor of the fourth degree.583

       Section 2.  That existing sections 323.151, 323.152, 323.153, 584
4503.065, and 4503.066 of the Revised Code are hereby repealed.585

       Section 3.  That the amendment by this act of sections 586
323.151, 323.152, 323.153, 4503.065, and 4503.066 of the Revised 587
Code applies to tax year 2010 and each tax year thereafter.588

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