H1363B1761A01928 DMS:JSL 06/04/13 #90 A01928
AMENDMENTS TO HOUSE BILL NO. 1363
Sponsor: REPRESENTATIVE MASSER
Printer's No. 1761
1Amend Bill, page 1, line 7, by inserting after "conservator"
2, for incurring indebtedness
3Amend Bill, page 4, line 19, by inserting a bracket before
4"The"
5Amend Bill, page 4, lines 20 through 29, by striking out "[.]
6or has been" in line 20 and all of lines 21 through 29 and
7inserting
8 .] The owner fails to present compelling evidence that he has
9made a good faith effort, during the preceding 60-day period, to
10sell the property at a price which reflects the circumstances
11and market conditions.
12Amend Bill, page 4, line 30, by inserting a bracket before
13"building"
14Amend Bill, page 4, line 30, by inserting after "building"
15] property
16Amend Bill, page 4, line 30, by inserting a bracket before
17"an"
18Amend Bill, page 4, line 30, by inserting after "existing"
19] a pending
20Amend Bill, page 5, line 1, by inserting a bracket before the
21period after "action"
22Amend Bill, page 5, line 1, by inserting a bracket after
23"action."
1Amend Bill, page 5, lines 1 through 5, by striking out "For
2the purposes of this paragraph" in line 1 and all of lines 2
3through 5 and inserting
4 by an individual or nongovernmental entity.
5Amend Bill, page 5, line 22, by striking out ", if the
6property is zoned commercial,"
7Amend Bill, page 6, line 29, by inserting after "the " where
8it occurs the first time
9most
10Amend Bill, page 6, line 29, by inserting after "senior "
11nongovernmental
12Amend Bill, page 8, lines 4 through 9, by striking out "After
13a petition is filed, if the court proceeds" in line 4 and all of
14lines 5 through 9 and inserting
15 A contract for sale entered into subsequent to the filing of a
16petition for conservatorship shall be subject to court approval
17and to reimbursement of costs incurred by the petitioner in
18preparing and filing the petition in accordance with the
19requirements of section 4.
20Amend Bill, page 8, line 16, by striking out "(b)(4)" and
21inserting
22 (c)(1) and (5)
23Amend Bill, page 8, line 17, by striking out "and the section
24is amended by adding a subsection "
25Amend Bill, page 9, lines 11 through 21, by striking out all
26of said lines and inserting
27(c) Hearing on conservator's final plan for abatement.--
28(1) At the time the court appoints a conservator, the
29conservator may present and the court may approve the final
30plan for abatement. If no plan is presented at that hearing,
31a hearing date on the conservator's final plan for abatement
32shall be set within 120 days of the appointment.
33* * *
34(5) At the time of the hearing, all parties shall be
35allowed to comment on the plan, and the court shall take all
1comments into consideration when assessing the feasibility of
2the plan and the proposed financing. In making its
3assessment, the court shall give reasonable regard to the
4conservator's determination of the scope and necessity of
5work to be done for the rehabilitation or demolition of the
6building in approving the final plan and in approving the
7costs of conservatorship and sale of the property.
8Amend Bill, page 9, line 23, by striking out "Section" where
9it occurs the second time and inserting
10 Sections 8(b) and (c) and
11Amend Bill, page 9, by inserting between lines 24 and 25
12Section 8. Incurring indebtedness.
13* * *
14(b) Liens.--In order to facilitate the borrowing of funds
15for the costs of rehabilitation, the court may grant priority
16status to a lien [or security interest with priority over all
17other liens with the exception of municipal or other
18governmental liens, provided, however, that prior to granting a
19priority lien, the court has found that] given to secure payment
20on a debt incurred for purposes authorized under this chapter
21provided that:
22(1) [The] the conservator sought to obtain the necessary
23financing from the senior, nongovernmental lienholder, but
24the lienholder declined to provide financing for reasonable
25improvements or other costs of rehabilitation on reasonable
26terms[.]; and
27(2) [Lien] lien priority is necessary in order to induce
28another lender to provide financing on reasonable terms.
29[(c) Lien status of rehabilitation expenses.--Should the
30senior lienholder agree to provide financing for the costs of
31rehabilitation, any funds lent to cover the costs shall be
32deemed to be added to the senior lienholder's preexisting first
33lien.]
34* * *
35Amend Bill, page 10, lines 9 through 12, by striking out
36"[Municipal] The principal on all State and municipal" in line 9
37and all of lines 10 through 12 and inserting
38 [Municipal or other governmental liens.] Liens of the
39Commonwealth, liens for unpaid property taxes and properly
40recorded municipal liens.
41Amend Bill, page 10, lines 17 and 18, by striking out
42"requesting the" in line 17 and all of line 18 and inserting
43 preparing and filing the petition in accordance with the
1requirements of section 4.
2Amend Bill, page 10, line 26, by inserting a bracket before
3"(8)"
4Amend Bill, page 10, line 27, by inserting a bracket after
5"conservatorship."