Bill Text For HB2003 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 59th Legislature (2023)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 5|HOUSE BILL NO. 2003                  By: Boatman of the House          |
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 6|                                         and                           |
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 7|                                         Seifried of the Senate        |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       An Act relating to revenue and taxation; amending 68            |
  |       O.S. 2021, Section 2913, which relates to ad valorem            |
12|       tax payments; creating additional payment method;               |
  |       permitting county treasurer to offer prepayment                 |
13|       option; limiting eligibility for prepayment option;             |
  |       requiring certain notification to county treasurer;             |
14|       creating installment payments schedule; requiring               |
  |       certain notice; requiring certain notice from county            |
15|       assessor; requiring certain notice from county                  |
  |       treasurer; requiring prepayments be deposited in                |
16|       certain account; providing for distribution of                  |
  |       prepayments; providing for refund of overpayments;              |
17|       requiring certain notification; limiting effect of              |
  |       prepayment option on current law; providing for                 |
18|       codification; and providing an effective date.                  |
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20|                                                                       |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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22|    SECTION 1.     AMENDATORY     68 O.S. 2021, Section 2913, is       |
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23|amended to read as follows:                                            |
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24|                                                                       |
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arsid14509124 HB2003 HFLR                                          Page 1
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 1|    Section 2913.  A.  All taxes levied upon an ad valorem basis for   |
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 2|each fiscal year shall become due and payable on the first day of      |
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 3|November.  Except for mortgage servicers and taxes prepaid using the   |
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 4|prepayment option provided for in Section 2 of this act, the           |
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 5|exclusive method for payment shall be as follows:                      |
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 6|    1.  Unless one-half (1/2) or more of the taxes so levied has       |
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 7|been paid before the first day of January, the entire tax levy for     |
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 8|such fiscal year shall become delinquent on that date.                 |
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 9|    2.  If the first half or more of the taxes levied upon an ad       |
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10|valorem basis for any such fiscal year has been paid before the        |
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11|first day of January, the remainder shall be paid before the first     |
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12|day of April thereafter and if not paid shall become delinquent on     |
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13|that date.                                                             |
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14|    In no event may payment be made in more than two installments      |
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15|subject to the provisions of the payment schedule specified in this    |
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16|subsection.                                                            |
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17|    B.  Mortgage servicers, as defined in 24 C.F.R., part 3500.17,     |
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18|shall pay all accounts which they are servicing in one annual          |
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19|payment before the first day of January or the entire tax levy for     |
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20|such fiscal year shall become delinquent on that date.                 |
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21|    C.  If the total tax owed is Twenty-five Fifty Dollars ($25.00)    |
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22|($50.00) or less, then the total amount must be paid before January    |
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23|1.  If the total tax is not paid before January 1, the unpaid          |
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24|balance owing shall become delinquent on the first day of January      |
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arsid14509124 HB2003 HFLR                                          Page 2
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 1|and shall be subject to delinquent charges as provided for in this     |
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 2|section.                                                               |
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 3|    D.  All delinquent taxes shall bear interest at the rate of one    |
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 4|and one-half percent (1 1/2%) per month or major fraction thereof      |
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 5|until paid.  In no event shall such interest exceed a sum equal to     |
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 6|the unpaid principal amount of tax, and when such interest has         |
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 7|accumulated to a sum equivalent to one hundred percent (100%) of the   |
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 8|unpaid tax the further accumulation of interest shall cease.           |
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 9|    E.  In addition to any other penalties prescribed by law,          |
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10|delinquent taxes shall be subject to a late payment penalty of five    |
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11|percent (5%) per month or a major fraction thereof until paid.  The    |
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12|penalty assessed herein shall only apply to delinquent taxes that      |
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13|are due on property located in a dependent school district in a        |
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14|county with a population of less than seventy-five thousand (75,000)   |
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15|according to the most recent Federal Decennial Census and held by a    |
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16|nonindividual taxpayer when the tax has been paid delinquent for two   |
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17|(2) or more separate and consecutive years and the fair cash value     |
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18|of the property exceeds Five Hundred Thousand Dollars ($500,000.00).   |
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19|    F.  The county treasurer shall stamp the date of receipt on each   |
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20|letter received containing funds for payment of taxes and no           |
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21|interest shall be added or charged after the receipt of such letter    |
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22|or the amount due.  It shall be the duty of every person subject to    |
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23|taxation according to the law to attend the county treasurer's         |
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24|office and pay his or her taxes.  If any person neglects to pay his    |
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arsid14509124 HB2003 HFLR                                          Page 3
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 1|or her taxes until after they have become delinquent, the county       |
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 2|treasurer is directed and required to collect the delinquent tax as    |
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 3|provided for by law.  The first installment of taxes payable           |
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 4|pursuant to the provisions of this section shall not become            |
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 5|delinquent until thirty (30) days after the tax rolls have become      |
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 6|completed and filed by the county assessor with the county             |
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 7|treasurer.                                                             |
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 8|    G.  The county treasurer may waive penalties or interest in any    |
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 9|case where it is shown to the county treasurer that such penalties     |
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10|or interest were incurred through no fault of the taxpayer.  Each      |
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11|waiver of penalties or interest shall be audited by the Office of      |
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12|the State Auditor and Inspector each year during the annual audit of   |
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13|the county offices.                                                    |
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14|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 2913.1 of Title 68, unless there   |
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16|is created a duplication in numbering, reads as follows:               |
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17|    A.  The county treasurer may allow taxpayers owning taxable        |
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18|property within the county the option to prepay taxes levied upon an   |
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19|ad valorem basis using the prepayment option provided for by this      |
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20|section.  The prepayment option shall allow taxpayers to make          |
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21|installment payments to pay toward taxes levied upon an ad valorem     |
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22|basis for the following calendar year.  A prepayment option is not     |
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23|allowed for:                                                           |
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24|    1.  Accounts with delinquent taxes;                                |
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arsid14509124 HB2003 HFLR                                          Page 4
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 1|    2.  Accounts with an ongoing valuation protest from the previous   |
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 2|tax year;                                                              |
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 3|    3.  Taxes paid through an escrow account; or                       |
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 4|    4.  Public service corporations.                                   |
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 5|    B.  A taxpayer electing the prepayment option or electing to opt   |
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 6|out of using the prepayment option must notify the county treasurer    |
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 7|in writing no later than January 15th of the calendar year for which   |
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 8|the prepayments may be made and no earlier than December 1st of the    |
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 9|preceding year.  If the county treasurer does not receive written      |
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10|notification, the taxpayer must pay the taxes in the manner as         |
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11|prescribed in subsection A of Section 2913 of Title 68 of the          |
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12|Oklahoma Statutes.                                                     |
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13|    C.  The prepayment option shall consist of twelve installment      |
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14|payments.  Each installment payment shall be based on an estimated     |
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15|property tax obligation which shall be computed by the taxpayer        |
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16|using the total property tax amount from the previous calendar year,   |
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17|adjusted for any anticipated changes in property value.  The           |
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18|installment payments shall be divided equally, rounded to the          |
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19|nearest whole dollar, of the estimated property tax obligation and     |
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20|must be paid to the county treasurer on or before the following        |
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21|dates:                                                                 |
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22|    1.  The fifteenth day of January;                                  |
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23|    2.  The fifteenth day of February;                                 |
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24|    3.  The fifteenth day of March;                                    |
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arsid14509124 HB2003 HFLR                                          Page 5
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 1|    4.  The fifteenth day of April;                                    |
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 2|    5.  The fifteenth day of May;                                      |
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 3|    6.  The fifteenth day of June;                                     |
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 4|    7.  The fifteenth day of July;                                     |
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 5|    8.  The fifteenth day of August;                                   |
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 6|    9.  The fifteenth day of September;                                |
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 7|    10.  The fifteenth day of October;                                 |
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 8|    11.  The fifteenth day of November;                                |
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 9|    12.  The thirty-first day of December.                             |
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10|    D.  Before the first day of November, a sum of all installment     |
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11|payment amounts made in that calendar year by each taxpayer shall be   |
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12|calculated by the county treasurer.  This sum shall be reported on     |
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13|the taxpayer statement prescribed by subsection B of Section 2915 of   |
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14|Title 68 of the Oklahoma Statutes.                                     |
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15|    If a taxpayer electing the prepayment option does not timely       |
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16|make each installment payment, the county treasurer may refuse to      |
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17|accept all other installment payments.  If the county treasurer        |
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18|refuses to accept other installment payments, the remaining balance    |
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19|is due in accordance with Section 2913 of Title 68 of the Oklahoma     |
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20|Statutes.                                                              |
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21|    E.  The taxes paid under the prepayment option shall be            |
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22|considered a credit against the total tax amount due for the current   |
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23|calendar year.  The taxes paid under prepayment options must be        |
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24|deposited by the county treasurer in a dedicated Trust and Agency      |
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arsid14509124 HB2003 HFLR                                          Page 6
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 1|Fund to be known as the "Property Tax Prepayment Fund".  The fund      |
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 2|shall receive interest and the interest shall be retained by the       |
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 3|county treasurer and placed into a separate existing cash fund known   |
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 4|as the "County Treasurer's Mortgage Certification Fee Account" to      |
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 5|offset the administrative expenses of the prepayment option.  Once     |
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 6|the final installment payment is made, and no later than the last      |
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 7|day of December, the installment payments must be credited to the      |
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 8|accounts of the property taxing entities in the county in the same     |
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 9|proportion that millage was imposed by such entities in the previous   |
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10|tax year with the necessary adjustments made to reflect current tax    |
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11|year millage impositions when property taxes for the current year      |
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12|are paid.                                                              |
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13|    F.  If the amount of taxes paid using the prepayment option        |
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14|results in an overpayment of property tax, the overpayment must be     |
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15|refunded to the taxpayer within sixty (60) days after the date of      |
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16|the final installment payment.                                         |
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17|    G.  The prepayment of estimated property tax as provided in this   |
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18|section and the credit allowed arising from these prepayments in no    |
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19|way alters the due date, penalty schedule, or enforced collection of   |
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20|property taxes as provided by law.                                     |
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21|    SECTION 3.  This act shall become effective September 1, 2023.     |
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23|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated     |
  |03/02/2023 - DO PASS, As Amended and Coauthored.                       |
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arsid14509124 HB2003 HFLR                                          Page 7
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