11RS HB149
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HB149

11RS

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HB 149/FN/LM (BR 150) - A. Simpson

     AN ACT relating to delinquent property taxes.
     Amend KRS 134.127 to allow the county clerk to prepare an in-house document to release any notice filed pursuant to KRS 382.440 or 382.450 when a certificate of delinquency has been paid in full to the county clerk; amend KRS 134.128 to allow clerks with oil and gas certificates of delinquency to request a later sale date so that all certificates can be sold in one sale, and to provide that any certificates received after the sale shall be sold in the next annual sale; amend KRS 134.490 to require a second notice to be sent if the first notice is returned as undeliverable, and to change the process for obtaining updated information; amend KRS 134.504 to make a technical correction.

HB 149 - AMENDMENTS


     HCS/FN/LM - Amend KRS 134.127 to allow county clerks to discharge notices when delinquent property taxes are paid to the county clerk; amend KRS 134.127 to amend the sale process for certificates of delinquency; amend KRS 134.490 to correct drafting errors relating to submission of notices returned as undeliverable; amend KRS 134.551 to clarify the process for refunds of filing fees when tax bills are exonerated; amend KRS 134.122 and 134.504 to correct drafting errors.
     HFA (1, A. Simpson) - Retain original provisions; amend KRS 132.220 to restore language previously in the statutes relating to interests in property that can be assessed for taxes and establishing a priority among various individuals with interests in property relating to taxes; amend KRS 133.130 to clarify the process for exonerating asssessments; amend KRS 134.010 to amend the definition of "taxpayer" to conform to other definitions of "taxpayer" used throughout the statutes relating to property taxes.
     HFA (2, A. Simpson) - Amend KRS 134.122 to allow any person with an interest in property on which ad valorem taxes have become delinquent to request an electronic copy of the advertised list of delinquent properties upon submission of the request and payment of a fee.
     HFA (3, M. Denham) - Amend KRS 134.490 to reduce the time period from 50 to 30 days that a third-party purchaser has to give notice to a taxpayer of the certificate of delinquency received from the county clerk and require the notices also be sent to the mortgage holder of record; increase the time period the third-party purchaser has to notify the taxpayer and the mortgage holder of record to at least 60 days, rather than 45 days before instituting legal action; require the third-party purchaser to use the property valuation administrator's listed address for the taxpayer and to obtain the address of the mortgage holder of record from the official indexes of the county clerk; authorize a mortgage holder of record to request a copy of any notices returned as undeliverable; provide that if a person entitled to pay a certificate of delinquency pays the amount in full, the lien of the third-party purchaser shall be released; amend KRS 134.452 to provide that the third-party purchaser shall not receive attorneys' fees for filing notices prior to litigation and to provide that fees incurred for determining the mortgage holder of record's address from the office of the county clerk shall not exceed $100; provide that no fees or interest on behalf of the taxpayer or mortgage holder shall be incurred if payment is received within 60 days of receipt of notice of the purchase; amend KRS 134.990 to add the penalties of revocation of registration and prohibition from participation in future sales of certificates of delinquency for any third-party purchaser who violates existing prohibited acts.
     HFA (4, J. Hoover) - Amend KRS 134.490 to reduce the time period from 50 to 30 days that a third-party purchaser has to give notice to a taxpayer of the certificate of delinquency received from the county clerk and require the notices also be sent to the mortgage holder of record; increase the time period the third-party purchaser has to notify the taxpayer and the mortgage holder of record to at least 60 days, rather than 45 days before instituting legal action; require the third-party purchaser to use the property valuation administrator's listed address for the taxpayer and to obtain the address of the mortgage holder of record from the official indexes of the county clerk; authorize a mortgage holder of record to request a copy of any notices returned as undeliverable; provide that if a person entitled to pay a certificate of delinquency pays the amount in full, the lien of the third-party purchaser shall be released; amend KRS 134.452 to provide that the third-party purchaser shall not receive attorneys' fees for filing notices prior to litigation and to provide that fees incurred for determining the mortgage holder of record's address from the office of the county clerk shall not exceed $100; provide that no fees or interest on behalf of the taxpayer or mortgage holder shall be incurred if payment is received within 60 days of receipt of notice of the purchase; amend KRS 134.990 to add the penalties of revocation of registration and prohibition from participation in future sales of certificates of delinquency for any third-party purchaser who violates existing prohibited acts.

     Jan 4-introduced in House
     Jan 5-to Appropriations & Revenue (H)
     Feb 4-posted in committee
     Feb 8-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 9-2nd reading, to Rules
     Feb 10-floor amendments (1) and (2) filed to Committee Substitute
     Feb 14-floor amendment (2) withdrawn
     Feb 15-posted for passage in the Regular Orders of the Day for Wednesday, February 16, 2011; floor amendment (3) filed to Committee Substitute
     Feb 16-floor amendment (4) filed to Committee Substitute
     Mar 3-recommitted to Appropriations & Revenue (H)


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