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| 2 | 2 | | HOUSE DOCKET, NO. 2212 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1087 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Bruce J. Ayers |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to civil liability for improper flood hazard determinations. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/15/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2212 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1087 |
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| 18 | 18 | | By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1087) of Bruce |
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| 19 | 19 | | J. Ayers relative to civil liability for improper flood hazard determinations. Financial Services. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 928 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to civil liability for improper flood hazard determinations. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Chapter 183 of the General Laws, as appearing in the 2014 Official Edition, is hereby |
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| 31 | 31 | | 2amended by inserting after section 69 the following section:- |
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| 32 | 32 | | 3 Section 70. (a) A civil action may be brought under this section, by the owner of a |
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| 33 | 33 | | 4building or structure, against a company or contractor completing a standard flood hazard |
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| 34 | 34 | | 5determination form for a bank or an insurance company regarding whether a building or structure |
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| 35 | 35 | | 6is located within a special flood hazard area, if: |
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| 36 | 36 | | 7 (1) the person completing the flood hazard determination form: |
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| 37 | 37 | | 8 (A) completes the form on behalf of a bank or an insurance company; |
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| 38 | 38 | | 9 (B) completes the form for a fee or other consideration; and 2 of 2 |
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| 39 | 39 | | 10 (C) offers a guarantee for services provided; |
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| 40 | 40 | | 11 (2) the flood hazard determination designated incorrectly that a building or structure is |
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| 41 | 41 | | 12located in a special flood hazard area or is not located in a special flood hazard area; and |
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| 42 | 42 | | 13 (3) the owner of the building or structure suffered damages, including failure to obtain |
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| 43 | 43 | | 14flood insurance for the building or structure. |
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| 44 | 44 | | 15 (b) In any civil action under this section, there shall be a rebuttable presumption that the |
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| 45 | 45 | | 16flood hazard determination was conducted correctly if the standard flood hazard determination |
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| 46 | 46 | | 17form is certified by a professional engineer or a professional land surveyor as defined in section |
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| 47 | 47 | | 1881D of chapter 112. The rebuttable presumption may be overcome upon a finding of a court, |
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| 48 | 48 | | 19based on the preponderance of the evidence, that the flood hazard determination was conducted |
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| 49 | 49 | | 20incorrectly. |
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| 50 | 50 | | 21 (c) In any such action, the court may award: (i) actual damages; (ii) reasonable attorney’s |
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| 51 | 51 | | 22fees; and (iii) court costs. |
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