If you own or rent, these laws could affect you!
LEGISLATIVE UPDATE: Below is the status of some of the key legislation MAR is working on. You can get complete information about any of these (or other) bills by going to http://www.mainelegislature.org/LawMakerWeb/search.asp and typing in the LD number.
LD 290 - Amend the SAFE Act. This is our bill and has not yet been scheduled for hearing. It would track the HUD rules regarding seller financing which are in the process of being promulgated.
LD 544 - Eliminate the state lead paint form, and radon testing for rentals under 100 days. This has been reported out of committee, majority ought to pass and minority ought to pass as amended (the amendment is to delete the radon part of the bill). There appears to be enough interest to have a floor fight. The amendment is not yet printed, but should be any day. So debate may be this week or more likely the week of April 25 (week of April 18 is vacation for the legislature).
LD 1097 - Concept draft regarding the transfer tax. Not yet scheduled for hearing.
LD 1204 - Require energy audits at point of sale. Unanimous ought not to pass from the Committee.
LD 86 - Eliminates the possibility of a citizen retroactive moratorium. Unanimous ought to pass out of committee with an amendment regarding the delay between the town vote and implementation of the permit (reduced from 75 to 45 days). MAR expects this to be on the Consent Calendar in the Senate any day.
LD 322 - Repeals Informed Growth process ($40k and economic study). This has come out of committee Majority ought to pass as amended (9) and minority ought not to pass (3). The amendment is to set forth an opt-in process for municipalities to follow if they want to do such a study, and the process is more meaningful than the current process. MAR expects this to hit the floor of the House as a divided report in the next couple of weeks.
LD 872 - Reduces some habitat setbacks to 75 ‘. MAR has advocated for consistency, predictability, and flexibility. Still in committee.
LD 1022 - Amends the overboard discharge license law. This is still in committee, but anticipate a divided report. It will lengthen the amount of time for a new system to be installed after sale of property.
LD 1048 - To delay the implementation of the landlord radon testing and disclosure law. Unanimous ought to pass as amended to delay implementation until March 1, 2014.
LD 1135 - Would set up a payment system for takings of property. Hearing is not yet scheduled.
LD 1405 - Amends the sign/billboard law in many ways. We have added in one small section to exempt real estate for sale signs from the law. The bill is not yet scheduled.
LD 43 - to repeal MUBEC (building and energy code). Has had its hearing. Bill will probably be held waiting for other bills to be heard. Many opponents, including building and trades groups.
LD 74 – to make landlords liable for damages caused by a tenant’s pet. Unanimous Ought Not To Pass
LD 156 - to reduce protection zones around vernal pools to 75’. MAR believes the science would dictate changes to vernal pool protections, even though the 75’ buffer is too small. The hearing was postponed to April 25.
LD 159 - to improve the Site Law time lines and administration. Still in committee.
LD 188 - to license building contractors, still no hearing scheduled.
LD 548 - to create regular long term funding for Land For Maine’s Future acquisitions. We hope to move this into a resolve to set up a study condition. Still in Committee.
LD 645 - to make health insurance acquisition as easy in Maine as in New Hampshire
LD 670 - to make cell phones be hand held. Majority Ought Not To Pass. Minority Ought to Pass Report.
LD 699 - to require new hotel rooms (over 50) to have automatic lights that go on and off from the room key. Unanimous Ought Not to Pass.
LD 947 - would allow licensees in all professions and trades from other states to move to Maine and be grandfathered in to get a license with no more than a fee. MAR testified against, and the bill was reported out of committee Unanimous Ought Not to Pass.
LD 1006 - to provide statutory process for evicting a non-paying tenant even if the lease is silent on the remedy. Unanimous Ought to Pass from Committee.
LD 1012 - to require banks to return the recorded discharge to the mortgagor. Unanimous Ought to Pass as Amended (at request of lenders: longer time frames, and no certified mail expense).
LD 1067 - to require smoking policies to be make available by the landlord to the tenant. Unanimous Ought to Pass as Amended, with the amendment being to state that the tenant has no cause of action against the landlord for failing to enforce this provision.
John Hatcher
Keller Williams Realty - The Hatcher Group
6 Deering Street | Portland, Maine 04101
207-775-2121 Office | 207-775-2122 Fax
http://JohnHatcher.us
John@JohnHatcher.us
LEGISLATIVE UPDATE: Below is the status of some of the key legislation MAR is working on. You can get complete information about any of these (or other) bills by going to http://www.mainelegislature.org/LawMakerWeb/search.asp and typing in the LD number.
LD 290 - Amend the SAFE Act. This is our bill and has not yet been scheduled for hearing. It would track the HUD rules regarding seller financing which are in the process of being promulgated.
LD 544 - Eliminate the state lead paint form, and radon testing for rentals under 100 days. This has been reported out of committee, majority ought to pass and minority ought to pass as amended (the amendment is to delete the radon part of the bill). There appears to be enough interest to have a floor fight. The amendment is not yet printed, but should be any day. So debate may be this week or more likely the week of April 25 (week of April 18 is vacation for the legislature).
LD 1097 - Concept draft regarding the transfer tax. Not yet scheduled for hearing.
LD 1204 - Require energy audits at point of sale. Unanimous ought not to pass from the Committee.
LD 86 - Eliminates the possibility of a citizen retroactive moratorium. Unanimous ought to pass out of committee with an amendment regarding the delay between the town vote and implementation of the permit (reduced from 75 to 45 days). MAR expects this to be on the Consent Calendar in the Senate any day.
LD 322 - Repeals Informed Growth process ($40k and economic study). This has come out of committee Majority ought to pass as amended (9) and minority ought not to pass (3). The amendment is to set forth an opt-in process for municipalities to follow if they want to do such a study, and the process is more meaningful than the current process. MAR expects this to hit the floor of the House as a divided report in the next couple of weeks.
LD 872 - Reduces some habitat setbacks to 75 ‘. MAR has advocated for consistency, predictability, and flexibility. Still in committee.
LD 1022 - Amends the overboard discharge license law. This is still in committee, but anticipate a divided report. It will lengthen the amount of time for a new system to be installed after sale of property.
LD 1048 - To delay the implementation of the landlord radon testing and disclosure law. Unanimous ought to pass as amended to delay implementation until March 1, 2014.
LD 1135 - Would set up a payment system for takings of property. Hearing is not yet scheduled.
LD 1405 - Amends the sign/billboard law in many ways. We have added in one small section to exempt real estate for sale signs from the law. The bill is not yet scheduled.
LD 43 - to repeal MUBEC (building and energy code). Has had its hearing. Bill will probably be held waiting for other bills to be heard. Many opponents, including building and trades groups.
LD 74 – to make landlords liable for damages caused by a tenant’s pet. Unanimous Ought Not To Pass
LD 156 - to reduce protection zones around vernal pools to 75’. MAR believes the science would dictate changes to vernal pool protections, even though the 75’ buffer is too small. The hearing was postponed to April 25.
LD 159 - to improve the Site Law time lines and administration. Still in committee.
LD 188 - to license building contractors, still no hearing scheduled.
LD 548 - to create regular long term funding for Land For Maine’s Future acquisitions. We hope to move this into a resolve to set up a study condition. Still in Committee.
LD 645 - to make health insurance acquisition as easy in Maine as in New Hampshire
LD 670 - to make cell phones be hand held. Majority Ought Not To Pass. Minority Ought to Pass Report.
LD 699 - to require new hotel rooms (over 50) to have automatic lights that go on and off from the room key. Unanimous Ought Not to Pass.
LD 947 - would allow licensees in all professions and trades from other states to move to Maine and be grandfathered in to get a license with no more than a fee. MAR testified against, and the bill was reported out of committee Unanimous Ought Not to Pass.
LD 1006 - to provide statutory process for evicting a non-paying tenant even if the lease is silent on the remedy. Unanimous Ought to Pass from Committee.
LD 1012 - to require banks to return the recorded discharge to the mortgagor. Unanimous Ought to Pass as Amended (at request of lenders: longer time frames, and no certified mail expense).
LD 1067 - to require smoking policies to be make available by the landlord to the tenant. Unanimous Ought to Pass as Amended, with the amendment being to state that the tenant has no cause of action against the landlord for failing to enforce this provision.
John Hatcher
Keller Williams Realty - The Hatcher Group
6 Deering Street | Portland, Maine 04101
207-775-2121 Office | 207-775-2122 Fax
http://JohnHatcher.us
John@JohnHatcher.us
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