HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 187

AMEND House Bill No. 187 at line 3 by inserting after “Officer” and before the period, the following: “ ; Prequalification of bidders ”.

FURTHER AMEND House Bill No. 187 at lines 16 through 18 by striking “ has been subject to fines or penalties or the abatement of violations within the past 24 months for a failure to comply with the requirements of any law or regulation with respect to such property, (ii) ”.

FURTHER AMEND House Bill No. 187 at line 18 by striking “ (iii) ” and inserting in lieu thereof “ (ii) ”.

FURTHER AMEND House Bill No. 187 by inserting between lines 27 and 28, the following:

“ (e) If a sale is subject to approval of the department of finance or the chief county financial officer, no assignment of a successful bid shall occur without the approval of the department of finance or the chief county financial officer. If the county requires certification of bidders at a sale, no assignment of a successful bid shall occur unless the assignee secures a certification from the county consistent with requirements of this section or qualifies as a land bank pursuant to § 4703 of Title 31. ”

FURTHER AMEND House Bill No. 187 at line 30 by inserting after “sale” and before the period, the following: “ ; Prequalification of bidders ”.

FURTHER AMEND House Bill No. 187 at lines 45 through 47 by striking “ has been subject to fines or penalties or the abatement of violations within the past 24 months for a failure to comply with the requirements of any law or regulation with respect to such property, (ii) ”.

FURTHER AMEND House Bill No. 187 at line 47 by striking “ (iii) ” and inserting in lieu thereof “ (ii) ”.

FURTHER AMEND House Bill No. 187 by inserting after line 56, the following:

“ (e) If a sale is subject to approval of the director of a municipality’s department of finance or the director’s designee, no assignment of a successful bid shall occur without the approval of the director of its department of finance or the director’s designee. If the municipality requires certification of bidders at a sale, no assignment of a successful bid shall occur unless the assignee secures a certification from the municipality consistent with requirements of this section or qualifies as a land bank pursuant to § 4703 of Title 31. ”

SYNOPSIS

This amendment removes the condition that a bidder may not own property that has been subject to fines, penalties or abatements of violations within the past 24 months in order to receive a prequalification certificate. This amendment also requires that a prequalified bidder can only assign a successful bid to those who satisfy the prequalification criteria. This provision eliminates a loophole wherein a prequalified bidder could have assigned a successful bid to a person who could not secure a prequalification certificate thus averting the intent of the prequalification process.