PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1135
(Reference to Senate engrossed bill)
Page 1, line 4, after "taxes;" strike remainder of line; strike line 5; line 6, strike "fund counties" insert "certificates of purchase;"
Strike lines 14 through 16, insert:
"B. In accepting payments under subsection A of this section, the county treasurer shall issue a receipt to the taxpayer, subject to section 42-18055, subsection C, stating that it covers a partial payment of taxes."
Line 18, after "afterwards" insert "for tax year 2014 and afterwards"; after "county" strike remainder of line
Line 19, strike "pursuant to section 42-17401" insert "with a population of more than three million persons if no prior year certificates of purchase are outstanding"
Line 21, after the first "the" insert "oldest"
Line 24, strike "receipt" insert "partial payment statement"; after "taxpayer" strike remainder of line
Strike lines 25 through 34, insert "as provided by section 42-18154, subsection C.
E. Partial payments on delinquent taxes shall be impounded and disbursed by the county treasurer as prescribed by section 42-18152, subsection C when the impounded monies are sufficient to fully redeem the oldest outstanding certificate of purchase.
F. If no certificate of purchase is outstanding, the county treasurer shall credit the taxpayer with the payment, and if any part of the tax or any installment remains unpaid at the date of delinquency, the delinquency relates only to the amount remaining unpaid."
Page 1, line 39, strike "separate redemptions;"
Line 43, after the period strike remainder of line; line 44, strike "established an elderly assistance fund pursuant to section 42-17401,"
Page 2, line 3, after the period strike remainder of line; strike lines 4 through 14
Line 15, strike "C."
Line 16, after "entries" insert a period; strike remainder of line; strike line 17, insert:
"B. Beginning in calendar year 2016, on or after June 1 in a county with a population of more than three million persons if no prior year certificates of purchase are outstanding, if a person who holds a certificate of purchase for tax year 2014 and afterwards desires to pay subsequent taxes, the county treasurer shall issue a separate certificate of purchase by assignment for each subsequent year's taxes, accrued interest and related fees due on the property. The principal amount of each subsequent year's certificate of purchase bears interest at the rate stated in the original certificate of purchase exhibited by the person from the first day of the month following the purchase of the subsequent certificate. The treasurer shall collect a fee of five dollars for assignment of a certificate of purchase for each subsequent year. Except as provided by section 42-18201, subsection B, subsequent certificates of purchase by assignment carry the same foreclosure right as the original certificate of purchase, and partial payments shall be accepted by the treasurer as prescribed by section 42‑18056, subsection C by any party with a vested interest in the property."
Strike lines 28 through 44
Page 3, strike lines 1 through 16, insert:
"C. The county treasurer shall refund all partial payment amounts impounded under section 42-18056, subsection E to the person or persons or their heirs or assigns within thirty days after delivering the treasurer's deed to the purchaser."
Renumber to conform
Page 3, strike lines 31 through 42, insert:
"C. If a person requests to make a partial payment on a certificate of purchase in a county with a population of more than three million persons and if the county treasurer is satisfied that the person has the right to make a partial payment and if the person pays the amount due pursuant to section 42‑18056, subsection C, the treasurer shall issue to the person a statement of partial payment. The partial payment statement shall:
1. Identify the person or entity making the partial payment.
2. Describe the parcels on which the partial payment is made.
3. State:
(a) The date of the partial payment.
(b) The amount paid.
(c) The amount remaining due to fully redeem the lien on the date of the partial payment."
Reletter to conform
Line 43, after "redemption" insert "and statement of partial payment,"
Page 4, line 1, strike "each partial redemption or" insert "the first and last partial payment and"
Line 2, strike "where" insert "if"
Line 10, after "lien" strike remainder of line; strike line 11; line 12, strike "subsection C, by the holder of the original certificate of purchase,"
Line 24, strike "A" insert "B"
Line 25, after the second "the" strike remainder of line; line 26, strike "section 42-18106" insert "subsequent year certificate of purchase was assigned"
Line 29, after "redeem" insert "the lien represented by certificates of purchase acquired by assignment and held by the party that filed the action to foreclose. All certificates of purchase held by other parties remain in place"
Line 34, strike "herein" insert "in this subsection"
Line 35, strike "such" insert "the"
Page 5, line 8, after "(a)" insert "of this paragraph"
Line 11, after "(b)" insert "of this paragraph"
Page 5, line 13, strike "shall" insert "may"
Line 14, strike the second comma; after "date" insert "The treasurer receives"
Line 15, strike "is received by the treasurer"
Amend title to conform
DARIN MITCHELL |