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REFERENCE TITLE: county treasurer; lien; sale |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2287 |
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Introduced by Representative Lesko
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AN ACT
amending sections 40‑407, 42‑18201 and 42‑19113, Arizona Revised Statutes; repealing section 42‑19114, Arizona Revised Statutes; relating to property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 40-407, Arizona Revised Statutes, is amended to read:
40-407. Enforcement of payment; seizure and sale of property
A. If any corporation to which a statement for the amount assessed against it as provided in this article has been rendered fails or refuses to pay the amount within fifteen days, or fails to file with the commission objections to the statement as provided by section 40‑403, the commission shall transmit to the department of public safety a certified copy of the statement of the assessment together with notice of the neglect or refusal of the corporation to pay the amount thereof, and at the same time shall mail to the corporation a copy of the notice transmitted to the department of public safety.
B. Within ten days after receipt of the notice and certified copy of the statement, the department of public safety shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the corporation anywhere within the state. The seizure and sale shall be made by the department of public safety, and the proceedings thereunder governed, as nearly as possible, by the provisions of sections 42‑19108 through 42‑19114 42‑19113.
Sec. 2. Section 42-18201, Arizona Revised Statutes, is amended to read:
42-18201. Action to foreclose right to redeem
At any time beginning three years after the sale of a tax lien but not later than ten years after the last day of the month in which the lien was acquired pursuant to section 42‑18114, if the lien is not redeemed, the purchaser or the purchaser's heirs or assigns, or the state if it is the assignee, may bring an action to foreclose the right to redeem. The action to foreclose the right to redeem shall be filed in the superior court in the county in which the real property is located and shall name the county treasurer as a party to the action. If any applicable law or court order prohibits bringing an action to foreclose the right to redeem, the limitation provided herein shall be extended twelve months following the termination of such prohibition.
Sec. 3. Section 42-19113, Arizona Revised Statutes, is amended to read:
42-19113. Sale
A. The sheriff shall offer the personal property, or as much of the property as is necessary to pay the taxes, interest and costs of sale, at a public sale held at the time fixed in the notices.
B. Any person, including the county, may bid at the sale, and the property shall be sold to the highest bidder for cash.
C. If no bid is made for the property in an amount sufficient to pay the taxes, interest and costs, the sheriff shall sell the property to the county in which the property is assessed the sheriff may execute and deliver a bill of sale conveying the title of the property to the highest bidder, together with the property.
Sec. 4. Repeal
Section 42-19114, Arizona Revised Statutes, is repealed.