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Below is a status report of issues followed by PGCAR and MAR during the 2010 Maryland General Assembly. Representatives of PGCAR testified on a number of these issues and traveled to Annapolis on several occasions to lobby legislators.

HB 642 - Real Property - Home Builder Community Amenities
STATUS: PASSED - Effective October 1, 2010
Requires a home builder that agrees to provide a community amenity (i.e. country club, golf course, health club, park, swimming pool, tennis court, walking trail) as part of a community development located in Prince George's County to include specified information in the contract of sale; specifying that a home builder that does not make the community amenity available as provided in the contract of sale may be liable for breach of contract.

PGCAR ACTION - The bill was drastically amended from its original intent and included language that could be interpreted to require "sellers in the secondary home sale market" to disclose if an amenity is to be provided and hold seller in breach of contract for failure to make disclosure and provide the amenity. PGCAR opposed the amendment and was successful in having the bill corrected to specifically pertain to "new home builders."

HB 557 - Rent Stabilization for the Elderly
STATUS: Withdrawn By Sponsor
Would have authorized the governing body of Prince George's County to provide, by law, rent stabilization for rental units intended for the elderly.

PGCAR ACTION - PGCAR opposed the bill due to its potential toward full rent control. Additionally, the legislation was very open ended with regard to County Government authority.

HB 1479 - Foreclosure Registration
STATUS: DEFEATED
Would have authorized Prince George's County to enact a local law establishing an abandoned property registry for vacant foreclosed property located in the county placing the mandate on the creditor owner to register the property and pay a registration fee and be responsible for the maintenance and security of the abandoned property.

PGCAR ACTION - PGCAR was monitoring this bill as Prince George's County already has an effective foreclosed/vacant property registration ordinance with very low impact on REALTORS^®.

SB 683 - Property Taxes - Bi-county Commissions
STATUS: PASSED - Effective June 1, 2010 for tax years beginning after June 30, 2010
Applies the homestead tax credit to any state, county or municipal property tax, including a tax imposed by a bi-county commission such as the Maryland National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission and the Washington Suburban Transit Commission. While principal homeowners have been protected from large increases in property taxes under the Homestead Act, homeowners subject to property taxes levied by bi-county commissions were not. The Homestead tax credit to be applied by a bi-county agency must match the state's credit of 10%.

PGCAR ACTION - While technically not a Delegation bill, this legislation is of specific interest to Prince George's County homeowners. Introduced by Senator Doug Peters (D23), SB 683 applies Maryland's Homestead Property Tax Cap to local taxes imposed by the Maryland National Capital Park and Planning Commission, The Washington Suburban Sanitary Commission, and the Washington Suburban Transit Commission. Traditionally these tax rates have been applied to a homeowner's phased-in assessment, rather than their taxable assessment after the homestead tax credit is applied. Association President, Mike Cerrito joined MAR representatives to testify in Support of the bill in Annapolis.

SUMMARY OF 2010
REAL ESTATE LEGISLATION
Maryland Association of REALTORS^®
Bill Castelli, Vice President of Government Affairs - MAR

MAR Priority Issues : Affordable Housing & Tax Issues : Real Estate Brokerage & Contracts
Common Ownership Communities : Land-use, Property Rights, & the Environment
Property Management : Commercial : Miscellaneous

STATUS OF MAR PRIORITY ISSUES

HB 590/SB 657 - Taxation of Forgiven Debt in Short Sales
STATUS: PASSED - Effective Immediately
Last fall, three counties (Anne Arundel, Prince George's and Montgomery) implemented a policy that imposed recordation and/or transfer taxes on the forgiven debt in short sales transactions. MAR, PGCAR, GCAAR and AAAR advocated for the introduction of HB 590/SB 657 to make clear that recordation and transfer taxes may not be imposed on forgiven debt in short sale transactions. Short sales, like other real estate transactions, may only be taxed on the consideration. The passage of this legislation follows an Attorney General Opinion issued at MAR's Legislative Day, that also deemed the Counties' practices unlawful.

PGCAR ACTION - While HB 590 and SB 657 were being considered in Annapolis, PGCAR intervened locally on this issue by communicating with executive level administrators in County Government to successfully halt collection of transfer and recordation tax on forgiven debt in a short sale transaction. PGCAR president, Mike Cerrito joined representatives from MAR, GCAAR and AAAR in testifying in favor of the bills. Prince George's County Delegates, Justin Ross (D22) and Jolene Ivey (D47) were the lead sponsors on the House bill.

HB 1298/SB 666 - Prohibition of Private Transfer Fees
STATUS: PASSED - Effective Immediately
Several states have passed legislation prohibiting the imposition of private transfer fees on property. Similar to a ground rent, private transfer fees are typically created as a 99 year deed restriction that requires a buyer to pay a fee to the original seller of the property every time the property sells. Those fees can be as high as 1% of the purchase price. Developers and some individual sellers often share the revenue with the commercial entity that creates it. MAR believes PTFs reduce transparency in real estate transactions, impose complexity on transactions which will increase with time, and cost buyers money in higher closing costs and lost equity. HB 1298/SB 666 prohibits the imposition of PTFs on property in Maryland.

HB 62 - Septic Systems - Nitrogen Removal Technology
STATUS: PASSED - Effective October 1, 2010
Requires that MDE provide grants for 100% of the cost differential between a conventional septic system and one utilizing nitrogen reduction technology when a homeowner is required to replace a septic system in Maryland's Critical Areas. This legislation clarifies the law that was passed last year but which did not provide a statutory guarantee for the cost-differential grants. The grants must be paid until 2012 when the program will be reevaluated.

HB 999/SB 686 - Storm Water Management Fees
STATUS: DEFEATED
Would have required all local governments in Maryland to levy a stormwater management fee on all residential and commercial property. Though the legislation never specified what rate a local government would have to charge, it required locals to set the commercial rate higher than the residential rate and base it upon the commercial property's impervious surface. The bill even would have taxed property that did not produce stormwater runoff. MAR opposed similar legislation last year.

HB 1291/SB 952 - Residential Homes Sales - Disclosure of Energy Consumption
STATUS: NOT PASSED
The Maryland Energy Administration introduced legislation to require the disclosure of utility bills to all homebuyers in Maryland. Although MAR was initially opposed to the specific approach taken by these bills, MAR worked with the Energy Administration on an alternative approach. However, those amendments were not ultimately accepted by the Committees and the legislation died.

HB 484/SB 1083 - Semiannual Payment Schedule - Small Business Property
STATUS: PASSED - Effective October 1, 2010 for tax years beginning after June 30, 2011
Requires local governments to provide a semiannual payment schedule for small business property. Currently, local governments only provide the semiannual payment schedule for residential property. A small business property is defined as a property assigned a commercial use code by the State Department of Assessments and Taxation and for which the annual property taxes do not exceed $50,000.

HB 83 - Real Estate Continuing Education - Agency and Broker Supervision
STATUS: PASSED - Effective for next licensure renewal that occurs on or after January 1, 2012
Requires all real estate licensees to take a three-hour continuing education course in agency principles and disclosure as part of the fifteen hours of education required for license renewal. The agency course requirement must be fulfilled once every four years after the license renewals that occur after January 1, 2012. The legislation also requires brokers, branch office managers and team leaders to complete a three-hour course on the requirements of broker supervision once every four years. Licensees who possess a graduate degree in law or real estate will be eligible for license renewal if they complete a total of 7.5 hours of continuing education, as long as they are not a broker, associate broker, or are designated a branch office manager or team leader. Those licensees eligible for the 7.5 hour requirement will substitute the agency class for the legislative update in alternating licensing periods.

HB 406 - Real Estate Licensees - Services Provided through Teams
STATUS: PASSED - Effective October 1, 2010
Regulates real estate teams and groups. It defines a real estate team as two or more associate brokers or licensed salespersons who work together on a regular basis to provide real estate brokerage services; who represent themselves to the public as being party of one entity; and who designate themselves a collective name such as a team or group. Each team must designate a team leader who has at least three years experience as a licensee. The team leader is responsible for supervising other team members and ensuring that the team adheres to all office rules, practices, and procedures established by the broker and or branch office manager. Advertisements for the team must include the name of the brokerage, the name of at least one licensed team member, and a telephone number of the broker or branch office manager.

AFFORDABLE HOUSING AND TAX ISSUES

HB 199/SB 520 - Homestead Property Tax Credit - Federal Government Employees
STATUS: PASSED - Effective June 1, 2010 for tax years beginning after June 30, 2010
Extends the Homestead Property Tax Credit to federal employees stationed outside Maryland for a period not exceeding 6 consecutive years. Once the homeowner moves back to Maryland, the homeowner may reclaim the credit which will be calculated as if the credit had not been lost during the homeowner's out-of-state residency.

HB 244 - Tax Compliance and Administration Act of 2010
STATUS: DEFEATED
Among other provisions, HB 244 would have placed a tax withholding on all residential sales of property in Maryland when the net proceeds of sale exceeded $250,000. The withholding rate would have equaled 3% plus the top marginal state income tax rate (6.25% currently) and would have been applied to the proceeds exceeding $250,000. If the property is the homeowner's principal residence, the homeowner would pay the same withholding rate on proceeds exceeding $500,000.

HB 475 - Sustainable Communities Act
STATUS: PASSED - Effective June 1, 2010
Extends for three years the Maryland Heritage Structure Rehabilitation Tax Credit and renames it as the Sustainable Communities Tax Credit. The bills would permit certain non-historic structures (such as transit oriented development, BRAC enterprise zones) to claim a reduced credit (10 percent of rehabilitation costs). Historic structures can still claim a credit for 20 percent of certified costs, and a 25 percent credit could be claimed for historic renovations which comply with LEED certification. Funding for the credits is capped, so not every eligible property will receive the credit.

HB 869/SB 780 - Affordable Housing Land Trusts
STATUS: PASSED - Effective October 1, 2010
Authorizes the establishment of affordable land trusts in Maryland. Permits land trusts to purchase and develop land and enter into land trust agreements with low to moderate income home purchasers. The land trust agreements permit the land trust to sell property below market price. A land trust agreement must be provided to a prospective purchaser at least 15 days before the purchaser enters into a purchase contract for land trust property. Any purchaser who fails to receive this information may rescind the purchase contract. There are over 160 different land trusts in 38 states across the country.

HB 1266 - Income Tax - Homebuyer Tax Credit
STATUS: NOT PASSED
Would have enacted a state homebuyer tax credit against state income taxes for homebuyers in Maryland. The legislation would have permitted a credit for 1% of the purchase price up to a maximum of $5,000 for new homebuyers, and 1% of the purchase price up to a maximum of $3,000 for move-up buyers. The legislation would have taken effect July 1, 2010, the date the federal homebuyer tax credit is scheduled to terminate.

HB 1349 - Homeowner's Property Tax Credit - Assessment Limit
STATUS: PASSED - Effective June 1, 2010 for tax years beginning after June 30, 2010
Increases the maximum property assessment used in calculating the homeowner property tax credit from $300,000 to $450,000, and would provide a cost-of-living adjustment in future years.

HB 1464 - Land Bank Authorities - Establishment by Municipal Governments
STATUS: PASSED - Effective October 1, 2010
Authorizes municipal governments to establish a land bank authority which can acquire, rehabilitate, own, and sell properties. The legislation allows the authority to issue bonds for the purchase and rehabilitation of properties. The legislation also makes clear that a land bank authority would not have the power to levy taxes or condemn and seize property.

SB 220 - Circuit Court Real Property Records Improvement Fund
STATUS: DEFEATED
Would have doubled the surcharge on each recordable instrument (from $20-$40). Though MAR has supported surcharge increases in the past because the money was dedicated to the Real Property Records Improvement Fund, this legislation would only have replaced money taken out of the fund for general government operations.

REAL ESTATE BROKERAGE AND CONTRACTS

HB 6 - Property Tax - Notice - 60 Day Appeal
STATUS: PASSED - Effective October 1, 2010
Requires all residential contracts of sale to contain a notice informing the buyer of his/her right to challenge the tax assessment of the property within 60 days of purchase. The contract must contain a statement in substantially the same form as the following: "If any real property is transferred after January 1 and before the beginning of the next taxable year to a new owner, the new owner may submit a written appeal as to a value or classification on or before 60 days after the date of the transfer."

HB 42 - Appraisers - Knowledge of Value of Real Estate
STATUS: DEFEATED
Would have prohibited real estate appraisers from conducting an appraisal if the appraiser knew the asking price of the property being appraised.

HB 216/SB 779 - State Highway Administration - Signs
STATUS: NOT PASSED
Would have imposed a fine against any person unlawfully posting a sign in a state highway right-of-way. Although it is already illegal to post signs (including real estate signs) in a state highway right-of-way, this legislation would have allowed local governments (on behalf of the state) to enforce the prohibition and collect fines. MAR worked with the sponsor of the legislation to lower the fine from $100 per sign to $25 per sign, and to require local jurisdictions to forego collecting fines for the first three months so that individuals could be educated about the new requirement.

HB 456/SB 782 - Homestead Exemption - Bankruptcy
STATUS: PASSED - Effective October 1, 2010
Increases the bankruptcy homestead protection from $5 thousand to the federal homestead amount of $20,200.

HB 472 - Foreclosure Mediation
STATUS: PASSED - Effective July 1, 2010
Establishes a mediation process for homeowners facing foreclosure. Requires lenders to provide information detailing the lender's efforts to avoid foreclosure with the homeowner. If the lender has not completed its consideration of foreclosure alternatives, the legislation provides a process for that to occur even after a foreclosure has been filed with the court. Allows a homeowner to opt for foreclosure mediation if the homeowner does not believe he/she was fairly considered for foreclosure alternatives. Provides additional funding for housing counselors to assist homeowners.

HB 711/SB 654 - Tenants in Foreclosure
STATUS: PASSED - Effective June 1, 2010
Conforms tenant disclosure legislation passed last year to the new federal Helping Families Save Their Homes Act (Public Law No: 111-22). While Maryland law only required lenders and foreclosure purchasers to give notice to tenants living in foreclosed property, the federal law actually extends tenant leases for at least 90 days after a foreclosure sale. This law conforms the Maryland disclosure to the federal law by informing tenants of their rights under the federal law.

HB 1254/SB 943 - Mortgage Brokers - Charges
STATUS: PASSED - Effective October 1, 2010
Clarifies that mortgage brokers may collect the actual cost of goods or services that are required to complete a loan application. Previously, the law specified only that mortgage brokers could collect the actual costs of appraisals or credit reports. The Commissioner of Financial Regulation must set by regulation the goods and services for which mortgage brokers can be compensated.

HB 1399 - Required Notice of Housing Counseling Programs and Services
STATUS: PASSED - Effective January 1, 2011 contingent upon the adoption of regulations
Requires a lender to provide a borrower written notice recommending that the borrower complete homebuyer education or housing counseling and information about such programs. Lenders who must already refer borrowers to housing counseling are exempt. The law is effective January 1, 2011 contingent upon regulations being adopted before October 1, 2010 by the Department of Housing and Community Development (DHCD). If the regulation is not passed by October 1, 2010, the law does not take effect until 60 days after DHCD certifies adoption of the regulations to the Department of Legislative Services.

HB 1470 - Title Insurers and Producers - Regulation and Reports
STATUS: PASSED - Effective July 1, 2010
Clarifies that a title insurance producer independent contractor is not required to file a blanket fidelity bond, surety bond, or letter of credit with the Department of Financial Regulation if the contractor is providing escrow closing or settlement services on behalf of a title insurance producer (who is subject to those bonding requirements).

HB 1471/SB 1019 - Real Estate Settlements - Disclosures
STATUS: PASSED - Effective July 1, 2010
Makes a violation of RESPA rules regarding the disclosure of affiliated business arrangements a violation of state law as well.

SB 372 - Tax Sales - Notice to Foreclose Right of Redemption
STATUS: PASSED - Effective July 1, 2010
Changes the second notice that a holder of a tax certificate is required to give a homeowner before the final judgment is made regarding the property. Previously, the second notice could be delivered by first-class mail, but must now be delivered by certified mail.

COMMON OWNERSHIP COMMUNITIES

HB 460 - Condominium Bylaws - Surcharge on Assessments
STATUS: DEFEATED
Would have permitted a condominium bylaw to include an additional surcharge of 10% on each assessment for common expenses for owners whose units are leased or vacant.

HB 842 - Condominium and Homeowner Association - Priority of Liens
STATUS: NOT PASSED
Although MAR initially supported this legislation which would have created a priority lien of up to 6 months of assessments for condo and HOA foreclosed properties, MAR opposed the legislation when it crossed over to the Senate. During consideration of the bill in the House, a provision was inserted to require all purchasers of condos to pay a security deposit equal to two months of assessments. MAR was concerned about mandating an additional cash requirement at the settlement table for already difficult to sell properties.

HB 620/HB 597 - Condo and HOAs - Common Elements and Implied Warranties
STATUS: PASSED - Effective October 1, 2010
Requires certain structural elements of a building to be considered common elements in residential condominiums, and extends the warranty on common elements. The bill would require residential condominium bylaws to designate certain structural elements as common elements, such as floors, roofs, foundations, etc. MAR proposed an amendment to the bill to clarify that such a limitation should not apply to commercial or mixed-used developments which need additional flexibility regarding the designation of common elements. However, the bill only exempted solely commercial condominiums from the requirements rather than mixed-used condominiums as well. Finally, the bill extended the initial warranties on common elements to the longer of three years or two years after an independent Council of Unit Owners is established.

HB 1300 - Licensing for Common Interest Community Managers
STATUS: NOT PASSED
Would have created a state issued license for managers of common interest communities such as condominiums and home owners associations. The legislation would have required managers to hold specific designations and complete a training program and certification exam. The legislation would have also created an oversight board, similar to the real estate commission, to oversee the industry and administer complaints.

SB 212 - Prohibited Restrictions on Exercise of Free Speech
STATUS: NOT PASSED
Would have provided all common interest communities residents with the same free speech rights as other private property owners regarding the display of noncommercial signs, posters, flags or banners. Currently, the law only allows candidate signs.

LAND-USE, PROPERTY RIGHTS, AND THE ENVIRONMENT

HB 295/SB 1020 - Incidental Taking Permit for Puritan Tiger Beetle
STATUS: PASSED - Effective April 13, 2010
Requires the Department of Natural Resources to issue a permit to an applicant that authorizes an incidental taking of the endangered Puritan Tiger Beetle in certain situations. Currently, many homeowners are at risk because they cannot stabilize cliffs which are the Tiger Beetle's habitat. If the cliffs are not stabilized these properties could collapse into the Bay.

HB 757 - Accessibility Standards for Dwelling Units
STATUS: NOT PASSED
Would require at least half of the units in a development to have at least one no-step entrance.

HB 1041 - Lead Paint Reduction Act of 2010
STATUS: DEFEATED
Among other provisions, would have given community associations the legal standing to sue homeowners over lead paint violations on home exteriors, and given the associations the right to seek monetary damages.

HB 1125 - Stormwater Management
STATUS: NOT PASSED BUT IMPLEMENTED BY REGULATION
The regulations, like the legislation, grant a developer three years to receive final approval to address the large number of projects which have advanced far in the development process but are now delayed because of the economy. If the developer does not receive approval within three years or failed to start construction by 2017, the project will likely have to start over under the new criteria. The regulation also clarifies the procedures and standards that redevelopment projects must take under the law. The original regulation created confusion and uncertainty for many local governments supporting redevelopment. The regulations take effect on May 4, 2010.

HB 1344 - Construction Permit Extensions
STATUS: NOT PASSED
Would have extended by two years the current tolling of construction and development permits. Under current law, such permits were tolled from January 1, 2008 through June 30, 2010. The legislation would have also clarified language in the law relating to local government permits and approvals, and included grading permits as well.

HB 1352 - Forest Conservation Fund - Contributions Rates
STATUS: PASSED -- Effective October 1, 2010
Establishes a higher fee under the Forest Conservation Act for projects outside of priority funding areas. The fee for such projects must be 20% higher than the fee set for projects inside priority funding areas. These fees are paid when a project cannot mitigate tree loss on site.

HB 1377 - Department of Transportation - Local Development Reviews
STATUS: DEFEATED
Would have required the Department of Transportation to provide comment to a local government regarding the transportation element of the local comprehensive plan, site plans for specific projects, preliminary and final subdivision plats. Would have required input from the Department on certain approvals of mixed-use development, planned unit developments and transit-oriented development.

PROPERTY MANAGEMENT

HB 508/HB 672 - Interest Rates on Security Deposits
STATUS: NOT PASSED
Would have allowed the interest rates on security deposits to be matched to federal reserve discount rates instead of a flat rate of 3%. Amendments proposed to the bill by MAR, would have given landlords the option of choosing a floating rate or using the flat 3% rate.

HB 1153/SB 504 - Lead Dust Testing
STATUS: DEFEATED
Would have required landlords and property managers to conduct a dust test and complete the full risk reduction standard of units subject to Maryland's Lead Poisoning Prevention law. Under current law, a landlord is only required to perform either a dust test or the full risk reduction standard.

HB 1382/SB 554 - Rental Housing - Lease Termination for Domestic Violence Victims
STATUS: PASSED - Effective October 1, 2010
Allows a victim of domestic violence or sexual assault to terminate a lease if granted a final protective or peace order by a court. As introduced the legislation would have created a new protected class for domestic abuse and sexual assault victims for all housing. However, this provision was eliminated from the legislation.

SB 243 - Housing Discrimination - Source of Income
STATUS: DEFEATED
Would have created a new protected class for "source of income." This provision would have forced landlords to accept Section 8 vouchers despite the fact that the Section 8 voucher program is voluntary. Unlike most forms of payment, a landlord must comply with a different set of regulations for Section 8 tenants. Those differences can include special inspection requirements and lease terms.

SB 248 - Maryland Legal Services Corporation Fund
STATUS: PASSED - Effective July 1, 2010
Increases fees for filing a circuit court case from $25 to $55, and increases the fee for District Court cases from $5 to $8 for summary ejectment cases, and from $10 to $18 for other civil cases. MAR opposed the legislation which, as introduced, would have increased the fees by even more. In addition, the Legal Services Corporation which receives the funding from this legislation must now submit its budget to the Judicial Branch in November of each year. Without further action, the fee increases will sunset on June 30, 2013.

COMMERCIAL

HB 475 - Sustainable Communities Act
STATUS: PASSED - Effective June 1, 2010
Extends for three years the Maryland Heritage Structure Rehabilitation Tax Credit and renames it as the Sustainable Communities Tax Credit. The bills would permit certain non-historic structures (such as transit oriented development, BRAC enterprise zones) to claim a reduced credit (10 percent of rehabilitation costs). Historic structures can still claim a credit for 20 percent of certified costs, and a 25 percent credit could be claimed for historic renovations which comply with LEED certification. Funding for the credits is capped, so not every eligible property will receive the credit.

HB 620/HB 597 - Condo and HOAs - Common Elements and Implied Warranties
STATUS: PASSED - Effective October 1, 2010
Requires certain structural elements of a building to be considered common elements in residential condominiums, and extends the warranty on common elements. The bill would require residential condominium bylaws to designate certain structural elements as common elements, such as floors, roofs, foundations, etc. MAR proposed an amendment to the bill to clarify that such a limitation should not apply to commercial or mixed-used developments which need additional flexibility regarding the designation of common elements. However, the bill only exempted solely commercial condominiums from the requirements rather than mixed-used condominiums as well. Finally, the bill extended the initial warranties on common elements to the longer of three years or two years after an independent Council of Unit Owners is established.

HB 985/SB 713 - Energy Benchmarking for Commercial Buildings
STATUS: NOT PASSED
Would have required state and commercial buildings to pass on utility usage information to the Federal Environmental Protection Agency. Would have required commercial buildings over 10,000 square feet to disclose benchmarking data to lessee of more than 2,000 square feet. The bill would have initially applied only to state building and commercial buildings over 150,000 square feet, but would have phased-in other commercial buildings over 50,000 square feet by 2013.

HB 1138/SB 538 - Multiple Occupancy Buildings - Master Meters
STATUS: PASSED - Effective July 1, 2010 (sunsets after June 30, 2013)
Would clarify that new multiple-occupancy, residential buildings may use a master meter for heating, ventilation, and air conditioning services if the Public Service Commission is satisfied that the master meter will result in a net savings of energy over the energy saving that would have resulted from individual metering. However, those units must be individually metered for other energy services. The utility bill must be included in the rent for those units subject to a master meter.

HB 1163 - Economic Development - Enterprise Zones
STATUS: PASSED - Effective October 1, 2010
Clarifies that a county may have no more than two enterprise zones designated in a calendar year. Prior to passage of this bill, a county could have no more than one enterprise zone designated in a year.

HB 1182 - Business Improvement Districts
STATUS: PASSED - Effective October 1, 2010
Authorizes local government to establish Business Improvement Districts (BIDs). The bill allows the local government to approve such a district only if at least 80% of its businesses sign off and approve the creation of the BID. The BID can impose taxes on the companies located in the BID to fund its operations.

MISCELLANEOUS

HB 993 - Use of Wireless Communication Devices in Motor Vehicles
STATUS: DEFEATED
Would have prohibited the use of all wireless communication devices in motor vehicles, even hands-free devices. Although this bill did not pass, the Legislature did pass SB 321 which makes illegal the use of a hand-held cell phone while the vehicle is moving. The violation is a secondary offense, meaning that a driver cannot be pulled over just for using a hand-held phone. SB 321 is effective October 1, 2010.