An Act To Amend the Laws Governing the Maine State Housing Authority
Sec. 1. 5 MRSA §1742, sub-§23, ¶D, as amended by PL 1989, c. 502, Pt. A, §16, is further amended to read:
Sec. 2. 10 MRSA §363, sub-§11, as amended by PL 1999, c. 728, §8, is repealed.
Sec. 3. 30-A MRSA §4702, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
(1) In the case of the Maine State Housing Authority, the requirements of coordination and local approval specified in sections 4741, subsection 10 and 4771 may be complied with by the local municipal legislative body's passage of the following resolution:
Passage of this resolution is conclusive evidence of compliance with sections 4741, subsection 10, and 4771. The local municipal legislative body may repeal the resolution, provided that:
(a) Any contract for federal assistance entered into between the Maine State Housing Authority and any person in or with respect to the municipality in question after the original resolution is passed and before it is repealed is not affected by the repeal; and
(b) The security of the authority's mortgage interest or the obligation or repayment of debt to bondholders is not affected by the repeal.
Sec. 4. 30-A MRSA §4702, sub-§5, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. 5. 30-A MRSA §4702, sub-§10, ¶A, as amended by PL 1991, c. 574, §1, is further amended to read:
Sec. 6. 30-A MRSA §4702, sub-§10-A is enacted to read:
Sec. 7. 30-A MRSA §4702, sub-§13, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. 8. 30-A MRSA §4706, sub-§§5 to 7 are enacted to read:
(1) Applications, resumes and letters and notes of reference pertaining to the applicant hired, other than those letters and notes of reference expressly submitted in confidence, are public records after the applicant is hired.
(2) Telephone numbers are not public records if they are designated as unlisted or unpublished in an application, resume or letter or note of reference;
(1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
(2) Performance evaluations and personal references submitted in confidence;
(3) Information pertaining to the creditworthiness of a named employee;
(4) Information pertaining to the personal history, general character or conduct of members of the employee's immediate family;
(5) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. The decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons for that action; and
(6) Personal information, including that which pertains to the employee's:
(a) Age;
(b) Ancestry, ethnicity, genetic information, national origin, race or skin color;
(c) Marital status;
(d) Mental or physical disabilities;
(e) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O;
(f) Personal employment choices pertaining to elected payroll deductions, deferred compensation, saving plans, pension plans, health insurance and life insurance;
(g) Religion;
(h) Sex or sexual orientation as defined in Title 5, section 4553, subsection 9-C; or
(i) Social security number; and
Sec. 9. 30-A MRSA §4721, sub-§5 is enacted to read:
Sec. 10. 30-A MRSA §4722, sub-§1, ¶F, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. 11. 30-A MRSA §4722, sub-§1, ¶K, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. 12. 30-A MRSA §4722, sub-§1, ¶M, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. 13. 30-A MRSA §4722, sub-§1, ¶O, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. 14. 30-A MRSA §4722, sub-§1, ¶W, as amended by PL 2003, c. 704, §4, is further amended to read:
(1) The Maine State Housing Authority shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on June 30, 1992 and annually thereafter on the low-income energy assistance program. The report must include, but is not limited to, program revenue and expenditures, number of individuals served and types of services provided;
Sec. 15. 30-A MRSA §4722, sub-§1, ¶Y, as amended by PL 2011, c. 679, §29, is repealed.
Sec. 16. 30-A MRSA §4722, sub-§1, ¶CC, as corrected by RR 2009, c. 2, §85, is amended to read:
Sec. 17. 30-A MRSA §4722, sub-§1, ¶DD, as amended by PL 2011, c. 453, §2, is further amended to read:
(1) For purposes of this paragraph, unless the context otherwise indicates, the following terms have the following meanings.
(a) "Affordable housing" means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 60% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 412, 50 Stat. 888, Section 8, as amended.
(b) "Affordable housing project" means a project in which:
(i) At least 50% of the aggregate square feet of the completed project is housing of which at least 50% of the aggregate square feet of the completed housing creates new affordable housing; or
(ii) At least 33% of the aggregate square feet of the completed project creates new affordable housing.
(2) An affordable housing project for which the owner of the property received the income tax credit increase under Title 36, section 5219-BB, subsection 3 must remain an affordable housing project for 30 years from the date the affordable housing project is placed in service. If the property does not remain an affordable housing project for 30 years from the date the affordable housing project is placed in service, the owner of the property shall pay to the Maine State Housing Authority for application to the Housing Opportunities for Maine Fund established under section 4853 an amount equal to the income tax credit increase allowed under Title 36, section 5219-BB, subsection 3, plus interest on that amount at the rate of 7% per annum from the date the property is placed in service until the date of payment of all amounts due. The affordability requirements and the repayment obligation in this subparagraph must be set forth in a restrictive covenant executed by the owner of the property and the affordable housing project for the benefit of and enforceable by the Maine State Housing Authority and recorded in the appropriate registry of deeds before the owner of the property claims the income tax credit increase under Title 36, section 5219-BB, subsection 3.
(3) If the repayment obligation in subparagraph (2) is not fully satisfied after written notice is sent by certified mail or registered mail to the owner of the property at the owner's last known address, the Maine State Housing Authority may file a notice of lien in the registry of deeds of the county in which the real property subject to the lien is located. The notice of lien must specify the amount and interest due, the name and last known address of the owner, a description of the property subject to the lien and the Maine State Housing Authority's address and the name and address of its attorney, if any. The Maine State Housing Authority shall send a copy of the notice of lien filed in the registry by certified mail or registered mail to the owner of the property at the owner's last known address and to any person who has a security interest, mortgage, lien, encumbrance or other interest in the property that is properly recorded in the registry of deeds in which the property is located. The lien arises and becomes perfected at the time the notice is filed in the appropriate registry of deeds in accordance with this subparagraph. The lien constitutes a lien on all property with respect to which the owner receives the income tax credit increase under Title 36, section 5219-BB, subsection 3 and the proceeds of any disposition of the property that occurs after notice to the owner of the repayment obligation. The lien is prior to any mortgage and security interest, lien, restrictive covenant or other encumbrance recorded, filed or otherwise perfected after the notice of lien is filed in the appropriate registry of deeds. The lien may be enforced by a turnover or sale order in accordance with Title 14, section 3131 or any other manner in which a judgment lien may be enforced under the law. The lien must be in the amount of the income tax credit increase allowed under Title 36, section 5219-BB, subsection 3, plus interest on that amount at the rate of 7% per annum from the date the property is placed in service until the date of payment of all amounts due. Upon receipt of payment of all amounts due under the lien, the Maine State Housing Authority shall execute a discharge lien for filing in the registry or offices in which the notice of lien was filed.
(4) Annually by every August 1st until and including August 1, 2023, the Maine State Housing Authority shall review the report issued pursuant to Title 27, section 511, subsection 5, paragraph A to determine the percentage of the total aggregate square feet of completed projects that constitutes new affordable housing, rehabilitated and developed using:
(a) Either of the income tax credits under Title 36, section 5219-BB, subsection 2; and
(b) The income tax credit increase under Title 36, section 5219-BB, subsection 3.
If the total aggregate square feet of new affordable housing does not equal or exceed 30% of the total aggregate square feet of rehabilitated and developed completed projects eligible for a credit under Title 36, section 5219-BB, the Maine State Housing Authority and Maine Historic Preservation Commission shall notify the State Tax Assessor of this fact . ;
Sec. 18. 30-A MRSA §4722, sub-§1, ¶¶EE and FF are enacted to read:
Sec. 19. 30-A MRSA §4724, sub-§2, as amended by PL 1991, c. 476, is further amended to read:
Sec. 20. 30-A MRSA §4741, sub-§§10 and 11, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:
Sec. 21. 30-A MRSA §4741, sub-§17, as amended by PL 2015, c. 494, Pt. B, §2, is further amended to read:
Sec. 22. 30-A MRSA §4752, sub-§2, as amended by PL 2011, c. 691, Pt. B, §27, is repealed.
Sec. 23. 30-A MRSA §4753, sub-§2, as enacted by PL 1989, c. 914, §4, is repealed.
Sec. 24. 30-A MRSA §4754, sub-§3, as enacted by PL 1989, c. 48, §§3 and 31, is amended to read:
Sec. 25. 30-A MRSA §4755, as enacted by PL 1989, c. 48, §§3 and 31, is amended to read:
§ 4755. Provide property
The Maine State Housing Authority may provide surplus state property below market value pursuant to this subchapter and subchapter XI and Title 5, section 1742, subsection 23 , to any person, firm or organization that agrees to construct, reconstruct or rehabilitate affordable housing for low-income and moderate-income households and maintain this property for this purpose in a written contract with the Maine State Housing Authority.
Sec. 26. 30-A MRSA §4771, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. 27. 30-A MRSA §4832, sub-§1, as amended by PL 1989, c. 6; c. 9, §2; c. 48, §§4 and 31; c. 104, Pt. C, §§8 and 10; and c. 581, §10, is further amended to read:
Sec. 28. 30-A MRSA §4854, sub-§3, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. 29. 30-A MRSA §4854, sub-§3-A is enacted to read:
Sec. 30. 30-A MRSA §4863, sub-§5, as enacted by PL 2009, c. 372, Pt. E, §1, is amended to read:
Sec. 31. 30-A MRSA §4871, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
The bonds may be sold at public or private sale. Any provision of any law to the contrary notwithstanding, any bonds issued under this chapter shall be are fully negotiable.
Sec. 32. 30-A MRSA §4912, as amended by PL 1989, c. 501, Pt. DD, §36, is repealed.
Sec. 33. 30-A MRSA §4913, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. 34. 30-A MRSA c. 201, sub-cc. 9-A and 9-B, as amended, are repealed.
Sec. 35. 30-A MRSA c. 201, sub-c. 11, as amended, is repealed.
Sec. 36. 30-A MRSA §4973, sub-§2, as amended by PL 1993, c. 175, §11, is further amended to read:
Sec. 37. 30-A MRSA §5002, sub-§§7, 10 and 13, as enacted by PL 1989, c. 601, Pt. B, §4, are repealed.
Sec. 38. 30-A MRSA §5003, as amended by PL 1991, c. 610, §7, is repealed.
Sec. 39. 30-A MRSA c. 202, sub-cc. 2, 3 and 4, as amended, are repealed.
Sec. 40. 30-A MRSA §5047, sub-§1, ¶B, as enacted by PL 2005, c. 380, Pt. A, §2, is amended to read:
Sec. 41. 30-A MRSA c. 202, sub-c. 6, as amended, is repealed.
Sec. 42. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 30-A, section 4702, subsection 1 takes effect January 1, 2018.