Sunday, March 24, 2013

Legislative Update - Light Week as Bills move from the House to the Senate


Provided by the RPOA, Nick Norman Director of Legislative Affairs

Below is this week's legislative update ready to send to the membership. Please forward ASAP.

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Howdee everyone,

It is a light week this week. Enjoy!
More bills have crossed over from House to Senate and vice versa.

The most important bills are:HB413, Abandonment which was heard this past week in the Senate. We see it having favorable testimony & response all around and believe it will likely pass. 

IMPORTANT
It is important that you contact the Senate Judiciary committee and ask them to vote in favor of the bill.  To contact the committee by Email: 
Email the committee by clicking here and enter HB413 in the Subject line

HB482, The Bedbug Bill which has not crossed over from House to Senate yet.

See more info in Summaries & Full Detail for each category further below. (includes property owner position, contact info, Talking points, and more).
(to jump right to bill detail, use Control-F, Find).


This week:None scheduled so far

Next week:None scheduled so far

Decisions:See Bills Updated Status summary below.

Further below is:Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)

Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
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To find both your Representative & Senator goto
http://www.gencourt.state.nh.us/house/members/wml.aspx

This can also be found by going to
http://www.gencourt.state.nh.us/
& clicking “Find Your Representatives”

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Bills Updated Status summary:We only list the committee reports on the most important bills affecting the real estate business. If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line. Its not terribly hard to get but not straight ahead either.

HB118, immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE

HB472, Definition Of Tenancy In Rooming Houses
Property Owner Position: LimitedImpact; You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED
Senate Status: IN COMMITTEE

SB108, Land Owner Liability When Permitting Recreational Use
Property Owner Position: For
General Status: In the SENATE
House Status: none
Senate Status: REPORT FILED

HB655, Deferred Taxes For The Elderly Or Disabled
Property Owner Position: You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE

HB630, Repeal The New Hampshire Greenhouse Gas Initiative
Property Owner Position: You Decide
General Status: In the HOUSE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: 0

HB235, Enabling Counties to contract for real estate services
Property Owner Position: LimitedImpact, You Decide
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB543, Ascertaining Damages To Abutting Landowners
Property Owner Position: For
General Status: In the SENATE
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: REPORT FILED
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Full details on all bills above:HB118, immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose
03/26/2013 at 09:00 AM SH 100
Title: (New Title) providing immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose event.

Summary:

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB118

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0118.html
Analysis Stated in Bill:

Notes: from David Cline; This bill gives civil and criminal immunity to any person who in good faith places a 911 call to report " a suspected drug or alcohol related emergency" This maybe a bill we want to support. Tenant do stupid things, and if we, as the landlord either have another tenant call 911, or one of us calls 911, to report a drug or alcohol emergency, it would be nice to have some immunity. Joel Winters is a sponsor. The trouble is that it is scheduled for 11:00 and I can not be there that early.
Recommend we support the bill, even by emails after the hearing.

Talking Points:
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HB472, Definition Of Tenancy In Rooming Houses
Time not specified LOB 101
Title: relative to residential units in rooming houses.

Summary: Presently RSA 540 is excluded from tenants in a rooming house where the tenant stays fewer than 90 days.

This bill changes the exclusion by adding:
“For purposes of this subparagraph, if the owner of the facility directs the occupant to move from one room to another in the same rooming or boarding house, the 90-day period for computing consecutive days of occupancy shall not be broken.”

Property Owner Position: LimitedImpact; You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37

Email to Committee:
To: jeb.bradley@leg.state.nh.us; casac@worldpath.net; andrew.hosmer@leg.state.nh.us; NH.Sen.Pierce@gmail.com; andy.sanborn@leg.state.nh.us; ;
Subject: HB472

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0472.html
Analysis Stated in Bill: This bill clarifies that the exclusion of rooming houses from the definition of tenancy cannot be extended by directing the occupant to move from one room to another within the 90-day exemption period.



Talking Points:
Note that since it is not directly addressed in the bill, it can be argued, that if the guest requests a room change, then the 90 days is broken, since, if the bill passes, the legislature had the opportunity to address this and did not.

If the guest stays 90 days or more, RSA 540 would apply, and the guest would have to be evicted, because at that point the guest now becomes a tenant. Within less than 90 days the owner should have some knowledge if the guest is a problem, and should ask the guest to leave to avoid invoking RSA 540 rights.

A limited number of our members suffer a large impact from this bill. If it affects you be active about it.
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SB108, Land Owner Liability When Permitting Recreational Use
02/12/2013 at 10:15 AM SH 100
Title: relative to the liability of landowners who permit use of their land for recreational activities.

Summary: The bill states that the owner of land who allows its use for recreational activities owes no duty of care to keep it safe for those who use the land or who construct structures on the land. The current paragraph II seems to say almost the same thing.

Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10

Email to Committee:
To: bette.lasky@leg.state.nh.us; dboutin1465@comcast.net; sharon.carson@leg.state.nh.us; donna.soucy@leg.state.nh.us; casac@worldpath.net; ;
Subject: SB108

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/SB0108.html
Analysis Stated in Bill: This bill provides that landowners who permit the use of their land for outdoor recreational activities owe no duty of care to individuals engaged in the recreational activity, including to those engaged in the construction of facilities associated with the outdoor activity.

Talking Points:
Not sure what the drafters of the bill were trying to accomplish.
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HB655, Deferred Taxes For The Elderly Or Disabled
Time not specified LOB 102
Title: relative to the collection of the amount of the property tax deferral for the elderly or disabled upon sale of the property.

Summary: RSA 72:38-a allows for deferral of property taxes for elderly and the disabled. The current law does address the payment of the taxes upon the death of the elderly or disabled person. (Elderly is someone 65 or older, a disabled person is someone receiving Social Security Disability Income Benefits). The taxing authorities can grant the deferment if the taxes cause, in their opinion undue hardship or the possible loss of the property. Current law does not address what happens if the property is sold.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27

Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB655

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0655.html
Analysis Stated in Bill: This bill requires that the amount of the tax deferral and accrued interest be paid to the municipality granting the deferral upon the sale of the property to a purchaser.

Talking Points:
HB 655 fills that void in RSA 72:38-a. Simply, all deferred taxes are to be paid upon sale, and the municipal lien is to be released. The rest of the bill addresses situations when the taxes are not paid upon sale, basically stating times and procedure for a tax sale.

This bill deals with owners of limited means occupying their own housing.
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HB630, Repeal The New Hampshire Greenhouse Gas Initiative
02/26/2013 at 02:30 PM LOB 304
Title: (New Title) relative to the use of proceeds from the regional greenhouse gas initiative program.

Summary: This is a complex bill dealing with the regulation of the discharge of pollutants into the air. The first provision would remove state wide caps on sulfur dioxide and oxides of nitrogen emissions. The bill then goes on to repeal the greenhouse gas initiative.

We spoke with the sponsor and he seems to be a common sense business person.
The Green House Gas Initiative, GHGI, is already in place in NH. Utilities companies charge extra fees on their utility bills. On PSNH bills the System Benefits Charge (3%-4% of total bill) goes to support GHGI.
Those monies that come from the GHGI mosty support large politically correct industries but not necessarily investments that make good business sense. Also, GHGI monies rarely go to the small companies and individuals which is make up most of the NH business landscape.
We believe in the long run it drives up costs and drives away businesses.
The sponsor of the bill would like to see the GHGI eliminated but that is unlikely in this administration. So the bill will attempt to reduce the scope of the GHGI in NH.

This is a complicated issue. With the information we have so far, some of us believe this bill will be good for business.

Property Owner Position: You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24

Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: HB630

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0630.html
Analysis Stated in Bill: This bill repeals the New Hampshire regional greenhouse gas initiative program.

Talking Points:
Some of our membership make reference to legislation in the name of environmental causes that actually push socialist agendas.

In order to really understand the bill, it would take hours, and expertise that we just do not have. If you follow this kind of thing please let us know your thoughts.
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HB235, Enabling Counties to contract for real estate services
03/13/2013 at 09:30 AM LOB 102
Title: allowing counties to contract for professional real estate services for the sale or lease of county property.

Summary: This bill simply gives county commissioners authority and guidelines to retain the services of licensed real estate professionals to sell or lease county real estate.

Property Owner Position: LimitedImpact, You Decide

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27

Email to Committee:
To: jeanie.forrester@leg.state.nh.us; bette.lasky@leg.state.nh.us; NH.Sen.Pierce@gmail.com; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB235

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0235.html
Analysis Stated in Bill: This bill allows the county commissioners to contract for professional real estate services for
the sale or lease of county property.

Notes: This bill if passed would only have indirect impact on our membership. The county would have to pay commissions, but at the same time, one would expect the county to receive a higher price or rent for the property using a licensed professional.

Talking Points:
none developed so far.
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HB543, Ascertaining Damages To Abutting Landowners
03/19/2013 at 02:00 PM LOB 103
Title: relative to ascertaining damages to abutting landowners.

Summary: This bill addresses work being done by a town (what about cities or the state?) in repairing a highway by either raising or lowering the grade, installing ditches or culverts or altering such where the abutting landowner sustains damage.

The bill specifies a notice procedure to the abutters before commencing work.


Property Owner Position: For

Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S16

Email to Committee:
To: peggy.gilmour@leg.state.nh.us; james.rausch@leg.state.nh.us; david.watters@leg.state.nh.us; nancy.stiles@leg.state.nh.us; dboutin1465@comcast.net; ;
Subject: HB543

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2013/HB0543.html
Analysis Stated in Bill: This bill establishes a procedure for ascertaining damages to private land when a highway is maintained or repaired in a manner that changes the grade or drainage of the property, including changes in drainage structures such as culverts or ditches.

Talking Points:
The bill is a substantial change from current law in specifying a notice procedure to the abutters before the work is to be commenced, except in emergency procedures, and allowing the abutter to challenge the work. Notice is required 30 days before the work is to be commenced and at least 15 days before the work when the abutter can be heard by the selectmen. This is not required if all the work is being done within the highway right of way.

If the owner is not satisfied with the decision of the selectmen, the owner then has the right to appeal to the superior court.

For those of us with property in downtown locations this bill will not have any major impact on us. For anyone with property in more rural locations, this bill may help as it is much clearer than existing law.

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