I move that Engrossed House Bill 1358 be amended to read as follows:
immediately pay the amount of the bid to the county treasurer. The
county treasurer shall apply the payment in the following manner:
(1) first, to the taxes, special assessments, penalties, and costs described in section 5(e) of this chapter;
(2) second, to other delinquent property taxes in the manner provided in IC 6-1.1-23-5(b); and
(3) third, to a separate "tax sale surplus fund".
(b) Except as provided in subsection (c), the:
(1) owner of record of the real property at the time the tax deed is issued who is divested of ownership by the issuance of a tax deed;
(2) guardian or personal representative of the estate of a person described in subdivision (1); or
(2) (3) tax sale purchaser or purchaser's assignee, upon
redemption of the tract or item of real property;
may file a verified claim for money which is deposited in the tax sale surplus fund. If the claim is approved by the county auditor and the county treasurer, the county auditor shall issue a warrant to the claimant for the amount due.
(c) If the person described in subsection (b)(1) acquired the property
from a delinquent taxpayer after the property was sold at a tax sale
under this chapter the county auditor may not issue a warrant to the
person unless the person is named on a tax sale surplus fund disclosure
form filed with the county auditor under IC 32-21-8.
(c) This subsection applies only to the following:
(1) A person described in subsection (b)(1) who acquires the property from a delinquent taxpayer after the property was sold at a tax sale under this chapter.
(2) A person named as the attorney in fact in a power of attorney executed by a person:
(A) described in subsection (b)(1); and
(B) who acquired the property from a delinquent taxpayer after the property was sold at a tax sale under this chapter.
(3) A person who is not described in subsection (b)(1).
The county auditor may issue a warrant to a person subject to this subsection only if the court having jurisdiction over the tax sale of the parcel for which the surplus is sought orders the county auditor to issue a warrant to the person. To be eligible to receive a warrant under this subsection, the person must petition the court and receive the order not later than three (3) years after the date of sale.
(d) An amount deposited in the tax sale surplus fund shall be transferred by the county auditor to the county general fund and may not be disbursed under subsection (b) if it is not claimed within the three (3) year period after the date of its receipt.
(e) If an amount applied to taxes under this section is later paid out of the county general fund to the purchaser or the purchaser's successor due to the invalidity of the sale, all the taxes shall be reinstated and
recharged to the tax duplicate and collected in the same manner as if
the property had not been offered for sale.
(f) When a refund is made to any purchaser or purchaser's successor by reason of the invalidity of a sale, the county auditor shall, at the December settlement immediately following the refund, deduct the amount of the refund from the gross collections in the taxing district in which the land lies and shall pay that amount into the county general fund.".