HP0261, LD 336, item 2, Document Text

Amend the bill by inserting after the enacting clause and before section 1 the following:

‘Sec. 1. 22 MRSA §1321, sub-§1, as amended by PL 2005, c. 530, §4, is further amended to read:

1. Notice posted. The department shall post in or upon the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school, in a conspicuous place or places, notice of the existence of environmental lead hazard. Notice may not be removed until the department states that the environmental lead hazard no longer exists property owner has complied with the order issued pursuant to subsection 3 that the lead-based substances be removed, replaced or securely and permanently covered;’

Amend the bill by striking out all of section 3 and inserting the following:

‘Sec. 3. 22 MRSA §1321, sub-§7 is enacted to read:

7. Notice filed in registry of deeds. The department shall file in the registry of deeds in the county in which the property is located a notice of an order issued pursuant to subsection 3 that the lead-based substances be removed, replaced or securely and permanently covered. When the department determines that the property owner has complied with the order, the department shall file a notice in the registry of deeds in the county in which the property is located stating that the property owner has complied with the order. A notice filed pursuant to this subsection must contain:

A. The name of the property owner;

B. The book and page in the registry of the property owner's deed; and

C. A notarized signature of the person from the department filing the notice.

A notice stating that the property owner has complied with the order must also contain the book and page of the original order. The department shall adopt rules to implement this subsection, including, but not limited to, rules establishing the form of the notice to be filed in the registry of deeds. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment, which is the unanimous report of the committee:

1. Amends the bill to refer to an order directing that lead-based substances be removed, replaced or securely and permanently covered;

2. Requires that the book and page in the registry of the owner's deed be identified on the notice filed with the registry of deeds that the owner complied with the order issued by the Department of Health and Human Services;

3. Requires that a notice filed with the registry of deeds include a notarized signature of the person issuing the notice; and

4. Directs the Department of Health and Human Services to adopt routine technical rules, including for the form of the notice to be filed in the registry of deeds.

FISCAL NOTE REQUIRED

(See attached)

HP0261 LD 336	Session - 129th Maine Legislature C "A", Filing Number H-136, Sponsored by		LR 1168 Item 2
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