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Capitol Update: February 12, 2019

By Missouri REALTOR Party posted 02-12-2019 01:51 PM

  
Missouri REALTORS®,

During the Advocacy Mission Committee meeting at the January Business Conference, committee members met to discuss and act upon legislation filed in the first regular session of the 100th General Assembly; legislation that would allow the release of a victim of domestic violence from their lease upon showing documentation of the crime. While our goal is to protect private property rights, committee members decided in this specific instance that forcing a victim to honor their lease under these circumstances has the potential to encourage additional violence.

In addition to the above, we would like to highlight ongoing conversation taking place in Jefferson City: 

  • House bills 243 and 544, including SB 60, have been discussed and voted out of the House Committee on Children and Families. A House Committee Substitute was created that specifies the proposed act only be applied to residential tenancies. 

  • Legislation was proposed allowing individuals to enter and clean up an abandoned property, remove trash and graffiti, and generally maintain the grounds. This proposal limits access to the grounds explicitly and does not allow parties involved to enter any structures on the property. This act is limited to the City of Kansas City.

  • The adoption of the legislative policies at the 2018 September Business Conference called for a new class of reports, “Bills on which policy has already been established.” These bills were presented to the committee, but no action was taken.

  • Representative Cody Smith and Senator Jeannie Riddle introduced HB 106 and SB 36. These bills provide immunity for real estate licensees who publish information about the size or square footage of a property they obtain from a source other than themselves or the seller of the property. The licensee must disclose the source of information. If the licensee knew the information was false or acted in reckless disregard as to whether the information was true or false, immunity will not apply.

  • The Senate Committee on Professional Registration heard SB 36 on February 4th but has not taken further action on the proposal.

  • Multiple bills have been introduced to provide assurance to property owners who claim their dogs are service dogs or other animals are assistance animals. The issue is complicated as it involves both the state and at least two federal acts; the Fair Housing Act and the Rehabilitation Act.

  • The Senate Committee on Agriculture/Food Production/Outdoor Resources heard SB 107, introduced by Senator Denny Hoskins on February 4th. At the same time, the hearing on SB 36 took place. Chris Janssen covered that hearing. No action has been taken at this time on the bill.

  • There will be a hearing on HB 107, introduced by Representative Chrissy Sommer, on February 13th at 12 p.m. before the House Committee on Agriculture Policy convenes. HB 107 is substantially similar to SB 107.

  • Representative Bruce DeGroot and Senator Sandy Crawford have both introduced legislation to make changes in the laws dealing with PACE. Both bills provide significant new consumer protection provisions. In the event there is a prior lien on the property, the first lien holder must be notified of the cost of the residential project improvement and the annual assessment necessary to repay the obligation. This clause alone is a significant improvement as it allows the first lien holder to adjust any escrow payment, as well as protecting the property owner from a surprise come time to pay property taxes.


   Significant issues have risen with the bills because of the duties they impose on the Division of Finance. The division has expressed concern that they don’t have
   the staff necessary to undertake some of the functions proposed. This is very much a work in progress.

  • Secretary of State Jay Ashcroft has proposed a significant update of the notary laws to encourage remote electronic notarization. Bills have been introduced in both the House and Senate, and there is an ongoing conversation between the Secretary’s office and title agents and underwriters. 

   In addition, there is a disagreement on how to impose the regulations on remote notarization. As the changes in technology appear to be rapid, the Secretary’s
   office believes it makes more sense to give their office authority to make rules on the subject. They believe this will make agents and underwriters feel more
   comfortable if the regulations are codified in statute. There is also concern the proposal is relatively unique but there are additional approaches states have
   adopted to aid in the process.

   Our position is that we support and encourage remote notarization. Stay tuned as there will be more to come on this issue.

  • We have gone from seven REALTORS® in the General Assembly to six. Representative Jean Evans has resigned to take over as Executive Director of the Missouri Republican Party. Representative Derek Grier, a REALTOR® from St. Louis, has been named to Jean’s former position as Chairman of the House Committee on Economic Development. 
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02-13-2019 09:47 AM

Thank you @Sam LICKLIDER for the  update and all your hard work for us.​