(a) The state comptroller shall notify the prosecuting attorney of the appropriate judicial circuit if:

1. (1) the money due the state as shown by a certificate of settlement is not paid to the state treasurer by the time required under section 3 of this chapter; and

2. (2) the nonpayment is caused by the failure of:

   1. (A) the county auditor to prepare and deliver a certificate of settlement to the county treasurer;
   2. (B) the county treasurer to make payment; or
   3. (C) the county auditor to issue a warrant for the amount due the state.

(b) When a prosecuting attorney receives the notice required by this section, the prosecuting attorney shall initiate a suit in the name of the state against the defaulting county auditor or treasurer. The defaulting party is liable in an amount equal to one hundred fifteen percent (115%) of the amount due the state.

[Pre-1975 Property Tax Recodification Citation: 6-1-59-3 part.]

Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.86-2018, SEC.58; P.L.9-2024, SEC.175; P.L.148-2024, SEC.4.