HB 1243-1_ Filed 04/24/2003, 14:33

CONFERENCE COMMITTEE REPORT

DIGEST FOR EHB 1243



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.



CONFERENCE COMMITTEE REPORT

MR. PRESIDENT:
    Your Conference Committee appointed to confer with a like committee from the House 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:

SOURCE: IC 36-9-23-33; (03)CC124305.1.1. -->     SECTION 1. IC 36-9-23-33 , AS AMENDED BY P.L.171-2002, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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 either of the following:
        (1) A list of the delinquent fees and penalties that are enforceable under this section, which must include the following:
            (A) The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent.
            (B) A description of the premises, as shown by the records of the county auditor. and
            (C) The amount of the delinquent fees, together with the penalty. or
        (2) An individual instrument for each lot or parcel of real property

on which the fees are delinquent.
    (c) The officer shall record a copy of each list or each individual instrument with the county recorder who shall charge a fee for recording it the list or each individual instrument 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 or on an individual instrument 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 and instruments 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 and instruments 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 not later than ten (10) days after the list or each individual instrument is recorded under subsection (c), 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 not 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, of liens under subsection (e), 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 EHB 1243 as reprinted April 10, 2003.)




Conference Committee Report

on

Engrossed House Bill 1243



Text Box

S

igned by:


    ____________________________    ____________________________
    Representative Stevenson Senator Skillman
    Chairperson

    ____________________________    ____________________________
    Representative Ayres Senator Dembowski

    House Conferees    Senate Conferees


CC124305/DI 101
2003


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