Massachusetts 194th General Court Status: Introduced 1 D cosponsors

H1087 — An Act relative to civil liability for improper flood hazard determinations

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

An Act relative to civil liability for improper flood hazard determinations

Bill Text

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How this bill changes current law

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The bill introduces a new section that allows property owners to sue companies or contractors who incorrectly complete flood hazard determination forms for banks or insurance companies.

  • Chapter 183, General Laws

    Section 70. (a) A civil action may be brought under this section, by the owner of a building or structure, against a company or contractor completing a standard flood hazard determination form for a bank or an insurance company regarding whether a building or structure is located within a special flood hazard area, if: (1) the person completing the flood hazard determination form: (A) completes the form on behalf of a bank or an insurance company; (B) completes the form for a fee or other consideration; and (C) offers a guarantee for services provided; (2) the flood hazard determination designated incorrectly that a building or structure is located in a special flood hazard area or is not located in a special flood hazard area; and (3) the owner of the building or structure suffered damages, including failure to obtain flood insurance for the building or structure. (b) In any civil action under this section, there shall be a rebuttable presumption that the flood hazard determination was conducted correctly if the standard flood hazard determination form is certified by a professional engineer or a professional land surveyor as defined in section 81D of chapter 112. The rebuttable presumption may be overcome upon a finding of a court, based on the preponderance of the evidence, that the flood hazard determination was conducted incorrectly. (c) In any such action, the court may award: (i) actual damages; (ii) reasonable attorney’s fees; and (iii) court costs.

    This creates a legal pathway for affected property owners to seek compensation for incorrect flood hazard determinations.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 203 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (203)

203 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety environment
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Frequently asked questions

What does H1087 do?
An Act relative to civil liability for improper flood hazard determinations
Who sponsors H1087?
H1087 is sponsored by Bruce J. Ayers (Democrat).
What is the current status of H1087?
This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track H1087?
Track H1087 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 4 months ago · updated continuously

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