SB 335-2_ Filed 02/01/2010, 09:30 Errington

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 335 be amended to read as follows:

SOURCE: Page 2, line 10; (10)MO033502.2. -->     Page 2, line 10, strike "Unless the taxpayer pays to the county treasurer the".
    Page 2, line 11, strike "amounts in subsection (a)," and insert " Except as provided in section 1.2 or another provision of this chapter,".
    Page 2, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 6-1.1-24-1.2; (10)MO033502.2. -->     "SECTION 2. IC 6-1.1-24-1.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.2. (a) Except as provided in subsection (c), a tract or an item of real property may not be removed from the list certified under section 1 of this chapter before the tax sale unless all:
         (1) delinquent taxes and special assessments due before the date the list on which the property appears was certified under section 1 of this chapter; and
        (2)
penalties due on the delinquency, interest, and costs directly attributable to the tax sale;
have been paid in full.
    (b) A county treasurer may accept partial payments of delinquent property taxes, assessments, penalties, interest, or costs under subsection (a) after the list of real property is certified under section 1 of this chapter. However a partial payment does not remove a tract or an item from the list certified under section 1 of this chapter unless the taxpayer complies with subsection (a) or (c) before the date of the tax sale.
    (c) The county auditor in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) may remove a tract or an item of real property from the list certified under section 1 of this chapter before the tax sale if the county treasurer and the taxpayer agree to a mutually satisfactory arrangement for the payment of the delinquent taxes.
    (d) The county treasurer may remove the tract or item from the list

certified under section 1 of this chapter if the arrangement described in subsection (c):
        (1) is in writing;
        (2) is signed by the taxpayer; and
        (3) requires the taxpayer to pay the delinquent taxes in full within one (1) year of the date the agreement is signed.
    (e) If the taxpayer fails to make a payment under the arrangement described in subsection (c), the county auditor shall immediately place the tract or item of real property on the list of real property eligible for sale at a tax sale.
    (f) If the tract or item of real property subject to a payment arrangement is within the jurisdiction of a:
        (1) city having a population of more than ninety thousand (90,000) but less than one hundred five thousand (105,000);
        (2) city having a population of more than thirty-two thousand (32,000) but less than thirty-two thousand eight hundred (32,800); or
        (3) city having a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000);
the county auditor shall notify the mayor of the city of the arrangement.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 335 as printed January 29, 2010.)

________________________________________

Senator ERRINGTON


MO033502/DI 73
2010