HB 1243-1_ Filed 04/08/2003, 10:17 Young R Michael

SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1243 be amended to read as follows:

SOURCE: Page 1, line 6; (03)MO124301.1. -->     Page 1, line 6, after "days." insert " However, in the case of delinquent fees and penalties accrued:
        (1) on a lot or parcel of real property that is not occupied by the owner or owners of the lot or parcel real property; and
        (2) by a tenant of the owner or owners of the lot or parcel of real property;
an officer described in subsection (b) may not initiate efforts to enforce the collection of the unpaid fees and penalties under this section until at least ninety (90) days after the date the owner or owners of the lot or parcel of real property are notified of the amount of the delinquent fees and penalties.
".
    Page 3, after line 30, begin a new paragraph and insert:
SOURCE: ; (03)MO124301.2. -->     "SECTION 2. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 36-9-23-33 or any other law, a lien recorded before July 1, 2003 to enforce the collection of unpaid fees and penalties assessed under IC 36-9-23 is void if:
        (1) the delinquent fees and penalties accrued on a lot or parcel of real property that was not occupied by the owner or owners of the lot or parcel of real property;
        (2) the delinquent fees and penalties were accrued by one (1) or more tenants of the owner or owners of the lot or parcel of real property; and
        (3) the owner or owners of the lot or parcel of real property did not receive notice of the delinquent fees and penalties before the date the lien was recorded.
    (b) The officer charged with the collection of fees and penalties assessed under IC 36-9-23 shall release a recorded lien described in subsection (a). Service charges and recording fees may not be imposed upon the owner or owners of the lot or parcel of real property.
    (c) This SECTION expires January 1, 2004.

SOURCE: ; (03)MO124301.3. -->     SECTION 3. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1243 as printed April 4, 2003.)

________________________________________

Senator YOUNG R MICHAEL


MO124301/DI 92     2003




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