An Act Regarding Disclosure of Flood Risk by Sellers of Real Estate
Maine Legislature, Session 131, LD 2035
Committee Amendment CA_A_S566 (Senate)

COMMITTEE AMENDMENT " (\ " to S.P, 863, L.D. 2035, "An Act Regarding
Disclosure of Flood Risk by Sellers of Real Estate"
Amend the bill in section 3 in subsection 7 in paragraph A m the 3rd line (page 1, line
14 in L.D.) by striking out the following: "a" and inserting the following: 'the effective'
Amend the bill in section 3 in subsection 7 by striking out all of paragraphs B and C
(page 1, lines 19 to 29 in L.D.) and inserting the following:
'B. Whether, during the time that the prospective seller has owned the property:
d) Any flood events affected the property or a structure on the Bro&erty;
f2) Any flood-related damage to a structure occurred on the property;
C3) Any flood insurance claims were filed for a structure on the proBeity and, if
so, the date of each claim; and
f4) Any past disaster-related aid was provided related to the propertvjsr a sti'ucture
on the property from federal, state or local sources for the purposes of flood
recovery and. if so. the date of each payment; and
C. For the purposes of this subsection, "flood" means:
d) A general and temporary condition of partial or complete inundation of
normally dry areas from;
fa) The overflow of inland or tidal waters; or
fbi The unusual and rapid accumulation or runofif of surface waters from any
source; or
f2) The collapse or subsidence of land alone the shore of a lake or other body of
0 water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclicallevels or suddenly caused by an unusually hieh
water level in a natural body of water, accompanied by a severe storm or by an
unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ,i " to S.P. 863, L.D. 2035 (S- 5~^ t^\
by some similarly unusual and unforeseeable event that results in flooding as
described in suboaragraph CD. division fa).'
Amend the bill in section 5 in subsection 4 in paragraph A in the 3rd line (page 1, line
39 in L.D.) by striking out the following: "a" and inserting the following: 'the effective'
Amend the bill in section 5 in subsection 4 by striking out all of paragraphs B and C
(page 2, lines 4 to 14 in L.D.) and inserting the following:
'B. Whether, during the timejthat the prospective seller has owned the orooertv:
fl) Any flood events affected thepropertv_pr a structyre on the property;
f2) Any flood-related damage to a structure occurred on the property;
(3) Any flood insurance claims were filed for a structure on the property and. if
so, the date of each claim; and
C4) Any past disaster-related aid was provided related to the property or a structure
on the property from federal, state or local_soyrces_for the purposes of flood
recovery and. if so. the date of each payment; and
C. For the purposes of this subsection, "flood" means:
d)_A general and temporary condition of partial or complete inundation of
normally dry areas from:
fa) The overflow of inland or tidal waters: or
fb) The unusual and rapid accumulation or runoff of surface waters from any
soui-ce; or
{2) The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm or by an
unanticipated force of nature. such as a flash flood or an abnormal tidal surge. or
by some similarly unusual and unforeseeable event that results in flooding as
described in subparagraph d), division fa).
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, clarifies that sellers of
real property must notify buyers whether the property is in an area of special flood hazard
mapped on the effective flood insurance rate map at the time of the required disclosure.
The amendment also removes the provision of the bill that mcludes an active flood
insurance policy as an indicator of a flood hazard. Finally, the amendment removes the
6 requirement to disclose the amount of insurance claims and the amount of disaster-related
aid received related to the property being conveyed and defines the term "flood,"
COMMITTEE AMENDMENT