Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB2324 Introduced / Bill

Filed 01/21/2021

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
HOUSE BILL 2324 	By: Frix and Boatman 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to ad valorem taxes; creating the Tax 
Collection Modernization Act; amending 68 O.S. 2011, 
Section 2913, which relates to payment of taxes; 
modifying payment amount authorized for payment of 
taxes in installments; authorizing county treasurer 
to allow certain payments; requiring payments to be 
held on trust until full payment of tax amount due; 
providing for noncod ification; and providing an 
effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as follows: 
This act shall be kno wn and may be cited as the "Tax Collection 
Modernization Act". 
SECTION 2.     AMENDATORY     68 O.S. 2011, Section 2913, is 
amended to read as follows: 
Section 2913.  A.  All taxes levied upon an ad valorem basis for 
each fiscal year shal l become due and payable on the first day of 
November.  Except for mortgage servicers, the exclusive method for 
payment shall be as follows:   
 
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1.  Unless one-half (1/2) or more of the taxes so levied has 
been paid before the first day of January, the entire tax levy for 
such fiscal year shall become delinquent on that date. 
2.  If the first half or more of the taxes levied upon an ad 
valorem basis for any such fiscal year has been paid before the 
first day of January, the second half or remainder shall be paid 
before the first day of April thereafter and if not paid shall 
become delinquent on that date. 
In no event may payment be made in more than two equal 
installments subject to the provisions of the payment schedule 
specified in this subsection.  However, each county treasurer in his 
or her sole discretion may allow a taxpayer to make payments on the 
total amount of tax due.  These payments shall be held on trust 
deposit until the amount paid is sufficient to pay the total amount 
due. 
B.  Mortgage servicers, as defined in 24 C.F.R., part 3500.17, 
shall pay all accounts which they are servicing in one annual 
payment before the first day of January or the entire tax levy for 
such fiscal year shall become delinquent on that date. 
C.  If the total tax owed is Twe nty-five Dollars ($25.00) or 
less, then the total amount must be paid before January 1.  If the 
total tax is not paid before January 1, the unpaid balance owing 
shall become delinquent on the first day of January and shall be 
subject to delinquent charges as provided for in this section.   
 
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D.  All delinquent taxes shall bear interest at the rate of one 
and one-half percent (1 1/2%) per month or major fraction thereof 
until paid.  In no event shall such interest exceed a sum equal to 
the unpaid principal amoun t of tax, and when such interest has 
accumulated to a sum equivalent to one hundred percent (100%) of the 
unpaid tax the further accumulation of interest shall cease. 
E.  In addition to any other penalties prescribed by law, 
delinquent taxes shall be subje ct to a late payment penalty of five 
percent (5%) per month or a major fraction thereof until paid.  The 
penalty assessed herein shall only apply to delinquent taxes that 
are due on property located in a dependent school district in a 
county with a populat ion of less than seventy -five thousand (75,000) 
according to the most recent Federal Decennial Census and held by a 
nonindividual taxpayer when the tax has been paid delinquent for two 
(2) or more separate and consecutive years and the fair cash value 
of the property exceeds Five Hundred Thousand Dollars ($500,000.00). 
F.  The county treasurer shall stamp the date of receipt on each 
letter received containing funds for payment of taxes and no 
interest shall be added or charged after the receipt of such lett er 
or the amount due.  It shall be the duty of every person subject to 
taxation according to the law to attend the county treasurer 's 
office and pay his or her taxes.  If any person neglects to pay his 
or her taxes until after they have become delinquent, the county 
treasurer is directed and required to collect the delinquent tax as   
 
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provided for by law.  The first half portion of taxes payable 
pursuant to the provisions of this section shall not become 
delinquent until thirty (30) days after the tax rolls h ave become 
completed and filed by the county assessor with the county 
treasurer. 
G.  The county treasurer may waive penalties or interest in any 
case where it is shown to the county treasurer that such penalties 
or interest were incurred through no fault o f the taxpayer.  Each 
waiver of penalties or interest shall be audited by the Office of 
the State Auditor and Inspector each year during the annual audit of 
the county offices. 
SECTION 3.  This act shall become effective January 1, 2022. 
 
58-1-7255 AQH 01/21/21