Citations Affected: IC 5-3-1-4 ; IC 5-11-14-1 ; IC 32-1-2-18 ; IC 33-19-7-3 ; IC 36-5-6-8 ; IC 36-9-23-33.
Synopsis: Local government matters. Requires a change in city, town,
or school corporation notice postings. Provides that a local official who
attends a state called conference is entitled to receive reimbursement
for meals. Adds to the list of officials before whom the recording of a
real property conveyance may be proved. Removes municipal courts
distribution of the qualified municipality share of court fees.
Requires that funds appropriated for clerk-treasurer legal expenses be
allocated to the clerk-treasurer. Makes changes regarding filings to
collect delinquent municipal sewer fees.
January 10, 2000, read first time and referred to Committee on Local Government.
A BILL FOR AN ACT to amend the Indiana Code concerning local
(2) at the post office in the municipality or school corporation (or at the bank if there is no post office).
(d) This subsection applies to notices published by officers of political subdivisions not covered by subsection (a) or (b), including township officers. If there is only one (1) newspaper published in the political subdivision, then the notice shall be published in that newspaper and if another newspaper is published in the county and circulates within the political subdivision in the other newspaper. If no newspaper is published in the political subdivision, then publication shall be made in a newspaper published in the county and that circulates within the political subdivision.
(e) This subsection applies to a political subdivision, including a city, town, or school corporation. Notwithstanding any other law, if a political subdivision has territory in more than one (1) county, public notices that are required by law or ordered to be published must be given as follows:
(1) By publication in two (2) newspapers published within the boundaries of the political subdivision.
(2) If only one (1) newspaper is published within the boundaries of the political subdivision, by publication in that newspaper and in some other newspaper:
(A) published in any county in which the political subdivision extends; and
(B) that has a general circulation in the political subdivision.
(3) If no newspaper is published within the boundaries of the political subdivision, by publication in two (2) newspapers that:
(A) are published in any counties into which the political subdivision extends; and
(B) have a general circulation in the political subdivision.
(4) If only one (1) newspaper is published in any of the counties into which the political subdivision extends, by publication in that newspaper if it circulates within the political subdivision.
(f) A political subdivision may, in its discretion, publish public notices in a qualified publication or additional newspapers to provide supplementary notification to the public. The cost of publishing supplementary notification is a proper expenditure of the political subdivision.
court located in the county is three percent (3%) of the amount of fees
collected under the following:
(1) IC 33-19-5-1 (a) (criminal costs fees).
(2) IC 33-19-5-2 (a) (infraction or ordinance violation costs fees).
(3) IC 33-19-5-3 (a) (juvenile costs fees).
(4) IC 33-19-5-4 (a) (civil costs fees).
(5) IC 33-19-5-5 (a) (small claims costs fees).
(6) IC 33-19-5-6 (a) (probate costs fees).
(7) IC 33-19-6-16.2 (deferred prosecution fees).
(b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
STEP ONE: Determine the population of the qualified city or town.
STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
(c) The county auditor shall semiannually distribute to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
collection of fees and penalties assessed under this chapter shall
enforce their payment. As often as the officer determines is
necessary in a calendar year, the officer shall
not more than four (4)
times in any calendar year prepare a list of the delinquent fees and
penalties that are enforceable under this section, which must include:
(1) the name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;
(2) the description of the premises, as shown by the records of the county auditor; and
(3) the amount of the delinquent fees, together with the penalty.
(c) The officer shall record a copy of each list with the county recorder who shall charge a fee for recording it in accordance with the fee schedule established in IC 36-2-7-10. The officer shall then mail to each property owner on the list a notice stating that a lien against the owner's property has been recorded. Except for a county having a consolidated city, a service charge of five dollars ($5), which is in addition to the recording fee charged under this subsection and under subsection (f), shall be added to each delinquent fee that is recorded.
(d) This subsection applies only to a county containing a consolidated city. Using the lists prepared under subsection (b) and recorded under subsection (c), the officer shall certify to the county auditor a list of the liens that remain unpaid according to a schedule agreed upon by the county treasurer and the officer for collection with the next cycle's property tax installment. The county and its officers and employees are not liable for any material error in the information on the list.
(e) Using the lists prepared under subsection (b) and recorded under subsection (c), after September 1 of the preceding calendar year and before September 1 of the current calendar year, the officer shall before December 15 of each year certify to the county auditor a list of the liens that remain unpaid for collection in the next May. The county and its officers and employees are not liable for any material error in the information on this list.
(f) The officer shall release any recorded lien when the delinquent fees, penalties, service charges, and recording fees have been fully paid. The county recorder shall charge a fee for releasing the lien in accordance with IC 36-2-7-10.
(g) On receipt of the list under subsection (d) or (e), the county auditor of each county (excluding a county having a consolidated city) shall add a fifteen dollar ($15) certification fee for each lot or parcel of real property on which fees are delinquent, which fee is in addition to all other fees and charges. The county auditor shall immediately enter
on the tax duplicate for the municipality the delinquent fees, penalties,
service charges, recording fees, and certification fees, which are due no
later than the due date of the next May installment of property taxes.
However, in a county having a consolidated city, the delinquent fees,
penalties, service charges, and recording fees are due not later than the
due date of the next installment of property taxes. The county treasurer
shall then include any unpaid charges for the delinquent fee, penalty,
service charge, recording fee, and certification fee to the owner or
owners of each lot or parcel of property, at the time the next cycle's
property tax installment is billed.
(h) After the date of certification in each year, the officer may not collect or accept delinquent fees, penalties, service charges, recording fees, or certification fees from property owners whose property has been certified to the county auditor. This subsection does not apply to a county containing a consolidated city.
(i) If a delinquent fee, penalty, service charge, recording fee, and certification fee are not paid, they shall be collected by the county treasurer in the same way that delinquent property taxes are collected.
(j) At the time of each semiannual tax settlement, the county treasurer shall certify to the county auditor all fees, charges, and penalties that have been collected. The county auditor shall deduct the service charges and certification fees collected by the county treasurer and pay over to the officer the remaining fees and penalties due the municipality. The county treasurer shall retain the service charges and certification fees that have been collected, and shall deposit them in the county general fund.
(k) Fees, penalties, and service charges that were not recorded before a recorded conveyance shall be removed from the tax roll for a purchaser who, in the manner prescribed by section 32(d) of this chapter, files a verified demand with the county auditor.
(l) A board may write off a fee or penalty under subsection (a) that is for less than forty dollars ($40).