Citations Affected:
IC 36-9-23-33.
Synopsis: Sewer liens. Requires the municipal officer responsible for collecting municipal
sewer fees to record and certify liens relating to delinquent sewer fees by using either a list or
individual instruments. Requires that certification occur not later than 10 days after recording.
(This conference committee report restores HB 1243 to its April 4, 2003, printing by
removing language that: (1) requires a municipality to charge a deposit to ensure payment
of sewer fees; (2) limits the liability of a landowner for delinquent sewer fees incurred by
a tenant; and (3) voids certain liens recorded to enforce the collection of unpaid sewer fees
and penalties.)
Effective: July 1, 2003.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1243 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
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 EHB 1243 as reprinted April 10, 2003.)
____________________________ ____________________________
Representative Stevenson Senator Skillman
Chairperson
____________________________ ____________________________
Representative Ayres Senator Dembowski
House Conferees Senate Conferees