Bill Text For HB2003 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 2003                      By: Boatman                       |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to revenue and taxation; amending 68            |
  |       O.S. 2021, Section 2913, which relates to ad valorem            |
 8|       tax payments; creating additional payment method;               |
  |       permitting county treasurer to offer prepayment                 |
 9|       option; limiting eligibility for prepayment option;             |
  |       requiring certain notification to county treasurer;             |
10|       creating installment payments schedule; requiring               |
  |       certain notice; requiring certain notice from county            |
11|       assessor; requiring certain notice from county                  |
  |       treasurer; requiring prepayments be deposited in                |
12|       certain account; providing for distribution of                  |
  |       prepayments; providing for refund of overpayments;              |
13|       requiring certain notification; limiting effect of              |
  |       prepayment option on current law; providing for                 |
14|       codification; and providing an effective date.                  |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     68 O.S. 2021, Section 2913, is       |
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19|amended to read as follows:                                            |
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20|    Section 2913.  A.  All taxes levied upon an ad valorem basis for   |
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21|each fiscal year shall become due and payable on the first day of      |
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22|November.  Except for mortgage servicers and taxes prepaid using the   |
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23|prepayment option provided for in Section 2 of this act, the           |
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24|exclusive method for payment shall be as follows:                      |
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   Req. No. 5171                                                   Page 1
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 1|    1.  Unless one-half (1/2) or more of the taxes so levied has       |
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 2|been paid before the first day of January, the entire tax levy for     |
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 3|such fiscal year shall become delinquent on that date.                 |
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 4|    2.  If the first half or more of the taxes levied upon an ad       |
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 5|valorem basis for any such fiscal year has been paid before the        |
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 6|first day of January, the remainder shall be paid before the first     |
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 7|day of April thereafter and if not paid shall become delinquent on     |
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 8|that date.                                                             |
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 9|    In no event may payment be made in more than two installments      |
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10|subject to the provisions of the payment schedule specified in this    |
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11|subsection.                                                            |
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12|    B.  Mortgage servicers, as defined in 24 C.F.R., part 3500.17,     |
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13|shall pay all accounts which they are servicing in one annual          |
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14|payment before the first day of January or the entire tax levy for     |
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15|such fiscal year shall become delinquent on that date.                 |
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16|    C.  If the total tax owed is Twenty-five Dollars ($25.00) or       |
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17|less, then the total amount must be paid before January 1.  If the     |
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18|total tax is not paid before January 1, the unpaid balance owing       |
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19|shall become delinquent on the first day of January and shall be       |
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20|subject to delinquent charges as provided for in this section.         |
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21|    D.  All delinquent taxes shall bear interest at the rate of one    |
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22|and one-half percent (1 1/2%) per month or major fraction thereof      |
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23|until paid.  In no event shall such interest exceed a sum equal to     |
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24|the unpaid principal amount of tax, and when such interest has         |
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   Req. No. 5171                                                   Page 2
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 1|accumulated to a sum equivalent to one hundred percent (100%) of the   |
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 2|unpaid tax the further accumulation of interest shall cease.           |
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 3|    E.  In addition to any other penalties prescribed by law,          |
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 4|delinquent taxes shall be subject to a late payment penalty of five    |
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 5|percent (5%) per month or a major fraction thereof until paid.  The    |
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 6|penalty assessed herein shall only apply to delinquent taxes that      |
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 7|are due on property located in a dependent school district in a        |
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 8|county with a population of less than seventy-five thousand (75,000)   |
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 9|according to the most recent Federal Decennial Census and held by a    |
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10|nonindividual taxpayer when the tax has been paid delinquent for two   |
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11|(2) or more separate and consecutive years and the fair cash value     |
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12|of the property exceeds Five Hundred Thousand Dollars ($500,000.00).   |
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13|    F.  The county treasurer shall stamp the date of receipt on each   |
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14|letter received containing funds for payment of taxes and no           |
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15|interest shall be added or charged after the receipt of such letter    |
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16|or the amount due.  It shall be the duty of every person subject to    |
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17|taxation according to the law to attend the county treasurer's         |
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18|office and pay his or her taxes.  If any person neglects to pay his    |
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19|or her taxes until after they have become delinquent, the county       |
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20|treasurer is directed and required to collect the delinquent tax as    |
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21|provided for by law.  The first installment of taxes payable           |
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22|pursuant to the provisions of this section shall not become            |
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23|delinquent until thirty (30) days after the tax rolls have become      |
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   Req. No. 5171                                                   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 2.     NEW LAW     A new section of law to be codified     |
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10|in the Oklahoma Statutes as Section 2913.1 of Title 68, unless there   |
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11|is created a duplication in numbering, reads as follows:               |
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12|    A.  The county treasurer may allow taxpayers owning taxable        |
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13|property within the county the option to prepay taxes levied upon an   |
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14|ad valorem basis using the prepayment option provided for by this      |
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15|section.  The prepayment option shall allow taxpayers to make          |
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16|installment payments to pay toward taxes levied upon an ad valorem     |
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17|basis for the following fiscal year.  A prepayment option is not       |
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18|allowed for:                                                           |
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19|    1.  Accounts with delinquent taxes;                                |
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20|    2.  Accounts with an ongoing valuation protest from the previous   |
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21|tax year;                                                              |
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22|    3.  Taxes paid through an escrow account; or                       |
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23|    4.  Public service corporations.                                   |
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   Req. No. 5171                                                   Page 4
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 1|    B.  A taxpayer electing the prepayment option or electing to opt   |
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 2|out of using the prepayment option must notify the county treasurer    |
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 3|in writing no later than January 15th of the fiscal year for which     |
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 4|the prepayments may be made and no earlier than December 1st of the    |
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 5|preceding year.  If the county treasurer does not receive written      |
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 6|notification, the taxpayer must pay the taxes in the same manner as    |
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 7|the previous year.                                                     |
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 8|    C.  The prepayment option shall consist of six installment         |
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 9|payments.  Each installment payment shall be based on an estimated     |
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10|property tax obligation which shall be computed using the total        |
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11|property tax amount from the previous fiscal year, after applying      |
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12|all applicable credits and adjustments reflecting changes in value     |
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13|as determined by the county assessor.  The installment payments        |
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14|shall be divided equally, rounded to the nearest whole dollar, of      |
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15|the estimated property tax obligation and must be paid to the county   |
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16|treasurer on or before the following dates:                            |
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17|    1.  The fifteenth day of January;                                  |
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18|    2.  The fifteenth day of February;                                 |
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19|    3.  The fifteenth day of March;                                    |
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20|    4.  The fifteenth day of April;                                    |
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21|    5.  The fifteenth day of May;                                      |
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22|    6.  The fifteenth day of June;                                     |
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23|    7.  The fifteenth day of July;                                     |
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24|    8.  The fifteenth day of August;                                   |
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   Req. No. 5171                                                   Page 5
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 1|    9.  The fifteenth day of September;                                |
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 2|    10.  The fifteenth day of October;                                 |
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 3|    11.  The fifteenth day of November;                                |
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 4|    12.  The thirty-first day of December.                             |
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 5|    After the tenth installment payment is received in October and     |
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 6|before the first day of November, a notice of the final tax due        |
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 7|based on the official tax notice, the tax notice, and a statement      |
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 8|explaining any adjustments to the final installment payment amount     |
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 9|must be prepared and mailed to the taxpayer.                           |
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10|    D.  The county treasurer must notify the county assessor of each   |
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11|taxpayer electing the prepayment option each year.  If the county      |
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12|assessor determines the property has changed in value or that there    |
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13|will be any other significant change in tax amount due, the county     |
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14|assessor must notify and provide the county treasurer with an          |
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15|estimated change in amount due.  Upon being notified of an estimated   |
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16|change in amount from the county assessor, the county treasurer must   |
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17|notify the taxpayer in writing of the estimated change in amount and   |
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18|of the adjusted estimated property tax obligation including the        |
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19|adjusted installment payment amounts.                                  |
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20|    E.  If a taxpayer electing the prepayment option does not timely   |
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21|make each installment payment, the county treasurer may refuse to      |
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22|accept all other installment payments.  If the county treasurer        |
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23|refuses to accept other installment payments, the remaining balance    |
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   Req. No. 5171                                                   Page 6
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 1|is due in accordance with Section 2913 of Title 68 of the Oklahoma     |
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 2|Statutes.                                                              |
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 3|    F.  The taxes paid under the prepayment option shall be            |
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 4|considered a credit against the total tax amount due for the current   |
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 5|fiscal year.  The taxes paid under prepayment options must be          |
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 6|deposited by the county treasurer in an interest bearing account.      |
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 7|The interest shall be retained by the county treasurer to offset the   |
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 8|administrative expenses of the prepayment option.  Once the final      |
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 9|installment payment is made, and no later than the last day of         |
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10|December, the installment payments must be credited to the accounts    |
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11|of the property taxing entities in the county in the same proportion   |
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12|that millage was imposed by such entities in the previous tax year     |
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13|with the necessary adjustments made to reflect current tax year        |
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14|millage impositions when property taxes for the current year are       |
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15|paid.                                                                  |
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16|    G.  If the amount of taxes paid using the prepayment option        |
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17|results in an overpayment of property tax, the overpayment must be     |
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18|refunded to the taxpayer within sixty (60) days after the date of      |
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19|the final installment payment.                                         |
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20|    H.  For every property of which the owner has elected the          |
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21|prepayment option, each tax notice for the property must contain a     |
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22|calculation of the estimated property tax obligation for the           |
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23|following year, the installment payment amounts based on the           |
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   Req. No. 5171                                                   Page 7
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 1|calculation, the following year's payment schedule, and return         |
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 2|envelopes for those installment payments.                              |
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 3|    I.  The prepayment of estimated property tax as provided in this   |
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 4|section and the credit allowed arising from these prepayments in no    |
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 5|way alters the due date, penalty schedule, or enforced collection of   |
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 6|property taxes as provided by law.                                     |
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 7|    SECTION 3.  This act shall become effective September 1, 2023.     |
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 9|    59-1-5171      MAH    01/16/23                                     |
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   Req. No. 5171                                                   Page 8
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