HB 1138-1_ Filed 02/04/2002, 08:13 Wolkins


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1138 be amended to read as follows:

SOURCE: Page 13, line 32; (02)MO113801.13. -->     Page 13, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 36-9-23-33; (02)MO113801.20. -->     "SECTION 20. IC 36-9-23-33, AS AMENDED BY P.L.98-2000, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 33. (a) An officer described in subsection (b) may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days.
    (b) Except as provided in subsection (l), the officer charged with the 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 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, each quarter of the calender 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).".
    (Reference is to HB 1138 as printed January 29, 2002.)

________________________________________

Representative Wolkins


MO113801/DI 94     2002