Bill Text For HB2324 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 2324                        By: Frix, Boatman and Sneed of    |
 2|                                         the House                     |
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 3|                                         and                           |
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 4|                                         Pemberton of the Senate       |
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 7|       [ ad valorem taxes - creating the Tax Collection                |
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 8|         Modernization Act - effective date ]                          |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     NEW LAW     A new section of law not to be          |
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13|codified in the Oklahoma Statutes reads as follows:                    |
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14|    This act shall be known and may be cited as the "Tax Collection    |
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15|Modernization Act".                                                    |
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16|    SECTION 2.     AMENDATORY     68 O.S. 2011, Section 2913, is       |
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17|amended to read as follows:                                            |
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18|    Section 2913.  A.  All taxes levied upon an ad valorem basis for   |
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19|each fiscal year shall become due and payable on the first day of      |
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20|November.  Except for mortgage servicers, the exclusive method for     |
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21|payment shall be as follows:                                           |
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22|    1.  Unless one-half (1/2) or more of the taxes so levied has       |
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23|been paid before the first day of January, the entire tax levy for     |
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24|such fiscal year shall become delinquent on that date.                 |
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arsid8074372 ENGR. H. B. NO. 2324                                  Page 1
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 1|    2.  If the first half or more of the taxes levied upon an ad       |
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 2|valorem basis for any such fiscal year has been paid before the        |
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 3|first day of January, the second half or remainder shall be paid       |
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 4|before the first day of April thereafter and if not paid shall         |
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 5|become delinquent on that date.                                        |
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 6|    In no event may payment be made in more than two equal             |
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 7|installments subject to the provisions of the payment schedule         |
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 8|specified in this subsection.  However, each county treasurer in his   |
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 9|or her sole discretion may allow a taxpayer to make payments on the    |
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10|total amount of tax due.  These payments shall be held on trust        |
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11|deposit until the amount paid is sufficient to pay the total amount    |
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12|due.                                                                   |
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13|    B.  Mortgage servicers, as defined in 24 C.F.R., Part 3500.17,     |
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14|shall pay all accounts which they are servicing in one annual          |
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15|payment before the first day of January or the entire tax levy for     |
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16|such fiscal year shall become delinquent on that date.                 |
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17|    C.  If the total tax owed is Twenty-five Dollars ($25.00) or       |
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18|less, then the total amount must be paid before January 1.  If the     |
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19|total tax is not paid before January 1, the unpaid balance owing       |
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20|shall become delinquent on the first day of January and shall be       |
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21|subject to delinquent charges as provided for in this section.         |
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22|    D.  All delinquent taxes shall bear interest at the rate of one    |
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23|and one-half percent (1 1/2%) per month or major fraction thereof      |
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24|until paid.  In no event shall such interest exceed a sum equal to     |
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arsid8074372 ENGR. H. B. NO. 2324                                  Page 2
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 1|the unpaid principal amount of tax, and when such interest has         |
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 2|accumulated to a sum equivalent to one hundred percent (100%) of the   |
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 3|unpaid tax the further accumulation of interest shall cease.           |
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 4|    E.  In addition to any other penalties prescribed by law,          |
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 5|delinquent taxes shall be subject to a late payment penalty of five    |
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 6|percent (5%) per month or a major fraction thereof until paid.  The    |
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 7|penalty assessed herein shall only apply to delinquent taxes that      |
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 8|are due on property located in a dependent school district in a        |
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 9|county with a population of less than seventy-five thousand (75,000)   |
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10|according to the most recent Federal Decennial Census and held by a    |
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11|nonindividual taxpayer when the tax has been paid delinquent for two   |
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12|(2) or more separate and consecutive years and the fair cash value     |
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13|of the property exceeds Five Hundred Thousand Dollars ($500,000.00).   |
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14|    F.  The county treasurer shall stamp the date of receipt on each   |
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15|letter received containing funds for payment of taxes and no           |
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16|interest shall be added or charged after the receipt of such letter    |
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17|or the amount due.  It shall be the duty of every person subject to    |
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18|taxation according to the law to attend the county treasurer's         |
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19|office and pay his or her taxes.  If any person neglects to pay his    |
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20|or her taxes until after they have become delinquent, the county       |
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21|treasurer is directed and required to collect the delinquent tax as    |
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22|provided for by law.  The first half portion of taxes payable          |
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23|pursuant to the provisions of this section shall not become            |
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24|delinquent until thirty (30) days after the tax rolls have become      |
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arsid8074372 ENGR. H. B. NO. 2324                                  Page 3
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 1|completed and filed by the county assessor with the county             |
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 2|treasurer.                                                             |
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 3|    G.  The county treasurer may waive penalties or interest in any    |
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 4|case where it is shown to the county treasurer that such penalties     |
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 5|or interest were incurred through no fault of the taxpayer.  Each      |
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 6|waiver of penalties or interest shall be audited by the Office of      |
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 7|the State Auditor and Inspector each year during the annual audit of   |
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 8|the county offices.                                                    |
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 9|    SECTION 3.  This act shall become effective January 1, 2022.       |
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10|    Passed the House of Representatives the 11th day of March, 2021.   |
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  |                                     Presiding Officer of the House    |
13|                                                 of Representatives    |
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  |    Passed the Senate the ___ day of __________, 2021.                 |
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17|                                    Presiding Officer of the Senate    |
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arsid8074372 ENGR. H. B. NO. 2324                                  Page 4
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