SENATE FLOOR VERSION - HB2324 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 6, 2021 AS AMENDED ENGROSSED HOUSE BILL NO. 2324 By: Frix, Boatman and Sneed of the House and Pemberton of the Senate [ ad valorem taxes - creating the Tax Collection Modernization Act - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known 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 shall become due and payable on the first day of November. Except for mortgage servicers, the exclusive metho d for payment shall be as follows: SENATE FLOOR VERSION - HB2324 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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., P art 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 Twenty -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. SENATE FLOOR VERSION - HB2324 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 amount 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 subject 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 population 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 letter or the amount due. It shall be the dut y of every person subject to taxation according to the law to at tend 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 requi red to collect the delinquent tax as SENATE FLOOR VERSION - HB2324 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided for by law. The f irst half portion of taxes payable pursuant to the provisions of this section shall not become delinquent until thirty (30) days after the tax rolls have become completed and filed by the coun ty 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 of 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. COMMITTEE REPORT BY: COMMITTEE ON FINANCE April 6, 2021 - DO PASS AS AMENDED