House of Representatives

SB 1041

county treasurers; procedures

Sponsors: Senator Mitchell; Representatives Binder:  Blendu

 

DPA

Committee on Counties & Municipalities

DPA

Committee on Ways & Means

DPA

Caucus and COW

DPA

Third Read

 

X

As Passed the House

 

SB 1041 makes various changes to statute governing county treasurers’ procedures involving tax liens, unclaimed refunds and distribution of taxes.

History

Current statute (A.R.S. § 42-18251) stipulates that at any time beginning five years after the sale of a tax lien on real property, if the lien is not redeemed by the purchaser of the lien or the owner of the property, then the property may be foreclosed on. Currently, statute does not outline a timeframe in which the lien holder must redeem the certificate of purchase or foreclose on the property. SB 1041 establishes a ten-year maximum lifetime on certificates of purchase for tax liens.

SB 1041 makes other changes to county treasurers’ procedures involving distribution of taxes and unclaimed refunds.

Provisions

·              Requires the Arizona Department of Transportation (ADOT) to disperse vehicle license tax (VLT) monies due to incorporated cities and towns directly to the cities and towns rather than first distributing the monies to the county treasurers.

·              Exempts Pinal County from the above provision until the court order, which mandates distribution to the county treasurer first, is satisfied. Requires the Pinal County Treasurer to notify ADOT when the court order has been satisfied.

·              Requires the county treasurer to credit monies received from penalties charged to escaped property to the county general fund.

·              Stipulates that any refunds which are unpaid and unclaimed for two years after the fiscal year in which they were budgeted shall revert to the appropriate fund of the political subdivision that levied the tax (currently, those monies revert to the county general fund).

·              Establishes a ten-year maximum lifetime on certificates of purchase for tax liens purchased after the effective date of this act if the tax lien is not redeemed by the owner of the property or the purchaser fails foreclose on the property.

 

·              Exempts from the tax lien expiration, parcels for which the liens were purchased if, at the time of expiration, the parcels are subject to judicial proceedings or a 30-day notice procedure.

·              Requires the treasurer to notify the purchaser, by certified mail, of the pending expiration of the tax lien between 30 and 60 days before the expiration. Requires notification by certified mail, within seven days after the expiration, that the tax lien and certificate of purchase have expired.

·              Conforms statute to reflect the use of paperless certificates of purchase or registered certificates.

·              States that an intent to file for foreclosure notice must be mailed out not more than 180 days before filing the action to foreclose.

·              Makes other technical and conforming changes.

·               

·               

·              ---------- DOCUMENT FOOTER ---------

·              45th Legislature                       

·              Second Regular Session           2          June 4, 2002

·               

·              ---------- DOCUMENT FOOTER ---------