Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB291

Introduced
3/28/23  
Refer
3/28/23  
Refer
6/22/23  
Report Pass
9/22/23  

Caption

Further providing for municipal lien priority.

Impact

The enactment of HB 291 will significantly influence state laws regarding property liens and municipal debt recovery. By affirming the priority of municipal claims over other obligations, it is expected to empower local governments to maintain their financial stability and service provision. This amendment clarifies the procedures and conditions under which municipal claims arise, ensuring they are applied uniformly across the Commonwealth. Furthermore, it introduces provisions for the collection of attorney fees associated with the enforcement of these liens, potentially escalating the financial implications for property owners who fail to comply with municipal claims promptly.

Summary

House Bill 291 amends the Municipal Claim and Tax Lien Law in Pennsylvania to further clarify and strengthen the priority of municipal liens and claims against properties. The bill dictates that all municipal claims, municipal liens, and tax claims imposed on properties shall take precedence over other obligations once they have been assessed lawfully. This change aims to enhance the recovery of municipal debts, ensuring that municipalities can effectively collect what they are owed in a timely manner. The act is particularly relevant for properties undergoing judicial sale, where the recovery of these municipal claims is prioritized before other claims against the same property.

Sentiment

The sentiment surrounding HB 291 appears to be mixed, with strong support from municipal authorities and local government advocates who view the bill as a necessary tool for enhancing fiscal responsibility at the community level. These proponents argue that the bill will facilitate efficient debt recovery, thereby ensuring that municipalities can sustain essential services. Conversely, some critics express concerns that the provisions may unfairly burden property owners, particularly those who might struggle to meet municipal financial obligations. The debate emphasizes the tension between enhancing municipal authority and protecting individual property rights.

Contention

Key points of contention include the potential for increased municipal power in imposing financial obligations on property owners. Critics assert that prioritizing municipal claims to the detriment of other obligations could lead to situations where property owners are left vulnerable to significant financial penalties in a judicial sale. Additionally, there are apprehensions that the expansion of municipal authority over property claims could undermine local control and individual rights. Despite these concerns, supporters maintain that the bill is essential for maintaining fiscal health within local governments and ensuring that services funded by such claims are preserved.

Companion Bills

No companion bills found.

Previously Filed As

PA HB711

Further providing for municipal claims first lien, cities of first class, docketing, judgment and execution, for cities of the first class, recovery of judgment and sale free from claims, for redemption and for rule to show cause, decree, service and notice and providing for disposition of property in cities of the second class.

PA SB202

Further providing for municipal claims first lien, cities of first class, docketing, judgment and execution, for cities of the first class, recovery of judgment and sale free from claims, for redemption and for rule to show cause, decree, service and notice and providing for disposition of property in cities of the second class.

PA S2536

Further regulating the priority of claims of cities or towns for payment of municipal liens

PA SB052

Municipal Priority Lien Surviving Treasurer's Deed

PA HB1426

In Local Government Capital Project Loan Fund, further providing for definitions, for assistance to municipalities and for powers and duties of department.

PA HB1695

To Clarify The Foreclosure Process For Property Subject To A Municipal Lien; To Allow A Municipality To Petition To Set Aside The Sale Of Property To Certain Persons; And To Provide For The Priority Of Unrecorded Municipal Liens.

PA SB894

In magisterial district judges, further providing for jurisdiction and venue; in abandoned vehicles and cargos, further providing for reports by garage keepers of abandoned vehicles; and providing for garage or repair shop liens.

PA HB1394

Repealing provisions relating to inheritance tax; in procedure and administration, further providing for petition for reassessment; and, in governmental obligations, further providing for taxability of government obligations.

PA HB1384

In associations and organizations, further providing for associations and organizations for mayors; in elections of officers, further providing for eligibility, for officers elected and for decrease in number of members of council; in powers, duties and rights of appointed officers and employees, further providing for appointments and incompatible offices and for police serving under cooperative agreement or contract; in corporate powers, further providing for specific powers; in taxation and finance, further providing for investment of funds; providing for solid waste collection and disposition; in ordinances, further providing for ordinances and resolutions and for publication; and making an editorial change.

PA SB753

In associations and organizations, further providing for associations and organizations for mayors; in elections of officers, further providing for eligibility, for officers elected and for decrease in number of members of council; in powers, duties and rights of appointed officers and employees, further providing for appointments and incompatible offices and for police serving under cooperative agreement or contract; in corporate powers, further providing for specific powers; in taxation and finance, further providing for investment of funds; providing for solid waste collection and disposition; in ordinances, further providing for ordinances and resolutions and for publication; and making an editorial change.

Similar Bills

No similar bills found.