Update Anti-discrimination Section 8, Domestic Violence, HB1409The good news:
We raised enough of a controversy that an amendment was proposed that weakened the “domestic violence” portion of the bill. The house is 54.77% Democratic with 39 more democrats than republican and we turned many of them to vote against HB1409. There was a good “floor fight” on the bill where our points were presented.
The bad news:
The amendment did nothing to the “section 8” portion of the bill.
The house did vote on the bill and passed it but a vote of only 147 to 141.
Summary:
We lost this by only 6 votes which we believe sets us up well for the continued effort to defeat the bill in the senate. The senate is 54.17% republican with 2 more republicans than democrats.
Deep thank you to all that contacted your legislators.
With losing by only 6 votes we hope you can see the lesson that being apathetic, procrastinating, sitting by the sidelines and not contacting your legislators can have disastrous effects. Because of this close vote we believe that with a good amount more of you voicing your position we could have stopped the bill in the house.
So troops, let’s learn that lesson and defeat it in the Senate.
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:03/18/2014 at 01:00 PM LOB 101
HB227, Casualty Insurance Carriers File Retention & amendments
Level of Response: You Decide
Property Owner Position: You Decide
Next week:None scheduled so far
Decisions:See many 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”
To write to all House of Representatives use:
HReps@leg.state.nh.us
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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.
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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. It’s not terribly hard to get but not straight ahead either.
HB590
Title: relative to the unauthorized practice of law.
Property Owner Position: waiting for addendum to analyze
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB421
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB1283
Title: (New Title) relative to revival of a charter by a voluntary corporation or association.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB1274
Title: (New Title) relative to the payment of rent and security deposits.
Property Owner Position: For
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: none
HB1336
Title: relative to the landlord's agent requirement.
Property Owner Position: Against
House Status: REPORT FILED:
Senate Status: none
HB1409
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Property Owner Position: Against
House Status: LAID ON TABLE
Senate Status: none
HB1214
Title: relative to grounds for termination of tenancy.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none
SB315, Board of Licensing Building Officials
Title: establishing the board of building officials.
Property Owner Position: For
House Status: none
Senate Status: REPORT FILED:
HB1207
Title: relative to identification of the source of legislative bill proposals.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none
HB1111
Title: clarifying the term "valid claim" for property insurance.
Property Owner Position: For
House Status: PASSED / ADOPTED
Senate Status: none
SB208
Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
Property Owner Position: LimitedImpact; You Decide
House Status: none
Senate Status: REPORT FILED:
SB286
Title: relative to abatements for prior years' property taxes.
Property Owner Position: For
House Status: none
Senate Status: REPORT FILED:
HB1532
Title: relative to notification of radon level prior to sale or lease of property.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: none
SB203
Title: relative to permissible uses of electronic benefit transfer (EBT) cards.
Property Owner Position: Amend; then "For"
House Status: none
Senate Status: REPORT FILED:
HB1472
Title: relative to equalized property valuation used to apportion expenses in cooperative and multi-town school districts.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: none
SB223
Title: authorizing municipalities to enter into contracts for the private funding and repayment of construction of sewer systems.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1196
Title: allowing town and cities to waive a portion of the interest due on late property tax payments in special or extraordinary circumstances.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: none
HB1171
Title: relative to eligibility for the veterans' property tax credit.
Property Owner Position: You Decide
House Status: REPORT FILED:
Senate Status: none
HB1333
Title: relative to the elderly property tax exemption.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: none
SB374
Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.
Property Owner Position: You Decide
House Status: none
Senate Status: REPORT FILED:
SB267
Title: extending the effective date for integrated land development permits.
Property Owner Position: You Decide
House Status: none
Senate Status: IN COMMITTEE
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Full details on all bills above:HB421, Real Estate Brokerage Regulation
Time not specified SH 100
Title: relative to regulation of real estate brokerage and sales by the real estate commission.
Summary: Changed a lot of the wording around to be more clear – addressed disciplinary actions by Board, increased credit requirements from 9 to 12 hours.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06
Email to Committee:
To: sharon.carson@leg.state.nh.us; john.reagan111@gmail.com; donna.soucy@leg.state.nh.us; david.watters@leg.state.nh.us; casac@worldpath.net; ;
Subject: HB421
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB0421.html
Analysis Stated in Bill: This bill makes various changes to the real estate practice act and regulation by the New Hampshire real estate commission, including the investigation and prosecution of unlicensed practice.
Talking Points:
The first part of the bill attempts to modify who is exempt from needing a license to sell or lease real estate. We are not sure if they intended to amend the statute to the extent that we are reading it. It seems that the owner of real estate has to be licensed but not his employees. This is problematic for those of us who rent our own property.
The rest of the bill is wording changes that appear to be just for clarification, and one provision dealing with Continuing education of the brokers and salespeople increasing credit requirements from 9 to 12 hours.
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HB1283, Rights on Revival of Condo Charter
01/16/2014 at 10:45 AM LOB 302
Title: (New Title) relative to revival of a charter by a voluntary corporation or association.
Summary: This bill does not directly affect private landlords, unless the landlord is renting out a condo in a community where there is a home owners association. Given the limited number of our membership that would be affected by the bill we leave this to you to decide if it affects you and how is best for you to respond.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1283
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1283.html
Analysis Stated in Bill:
Talking Points:
Limited Impact, no talking points developed.
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HB1274, Quarterly Semi-annual Rent
01/21/2014 at 11:00 AM LOB 208
Title: (New Title) relative to the payment of rent and security deposits.
Summary: Allows a landlord to enter into a residential lease requiring a tenant to pay rent either quarterly or semi-annually without violating the security deposit statute where a landlord can not ask for more than one month's rent.
We think the bill should also include a provision that a landlord may accept an offer by a tenant to prepay more than one month's rent. It rarely happens, but some people when they receive their tax refund want to pay ahead when they are moving into a new apartment or over come bad credit or some other application default by prepaying a large portion of rent. Prepayment of rent should be just that and not considered a security deposit.
The bill merely clears up an ambiguity for landlords who want quarterly or semi-annual payments. We anticipate this only happens with expensive high end rentals, or seasonal rentals.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1274
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1274.html
Analysis Stated in Bill:
Talking Points:
See Summary & this greatly affects college communities. In Durham, Dover, Keene, etc., you have landlords routinely taking a full semester's rent up front. The bill was intended to give them an option to legally allow this kind of option.
There is also the situation where someone with bad credit has a tax refund, personal injury settlement or other lump sum and the landlord might be willing to take a chance on the tenant if the landlord were permitted to due so under the law. There is an amendment which would allow landlords to require 3 months or more rent to be paid up front. With the amendment (passed by House Judiciary committee) landlords would be allowed to legally handle these situations.
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HB1336, $500 Fine For Failing To Register Landlord Agent
01/21/2014 at 01:00 PM LOB 208
Title: relative to the landlord's agent requirement.
Summary: Imposes a fine of $500 for any landlord who fails to register a Landlord Agent in the city or town of the property
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1336
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1336.html
Analysis Stated in Bill:
Talking Points:
We need to address this bill and oppose it in its current form. The bill does not state who enforces it, nor who receives the fine. Further, if a landlord is new, doesn't even know about this requirement, and does not register he/she is subject to this expensive fine. That landlord should be given notice to register by the city or town and a grace period before being subject to the fine. Should the broker who sells a building to a landlord be required to inform the landlord of the registration requirement? Should there be some notice or form at a property closing? Perhaps the City or Town must be held responsible to notify all property owners of this law.
There have been several attempts to repeal this Landlord Agent requirement. Many towns do not even know the requirement exists. This is a crazy fine for a law that should not even exist.
Lastly, if this should go through the fine is way too expensive and should be $50, then $100, the cap at $200 on some type of time line to respond.
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HB1409, Antidiscrimination Section 8, Domestic Violence
01/21/2014 at 01:30 PM LOB 208
Title: expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.
Summary: Proposed and drafted by NHLA (tenant advocates) expanding the law against discrimination to prohibit housing discrimination against recipients of rental assistance (any kind of assistance including Section 8) and any one who claims to be a victim of domestic violence, sexual assault, or stalking. Note: merely making an unverified call to the police or violence center would constitute some one now in a protected class.
Property Owner Position: Against
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1409
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1409.html
Analysis Stated in Bill:
Talking Points:
WE NEED EVERYONE INVOLED.
This bill makes two significant changes by adding two distinct and separate categories to RSA 354-A.
First addition to the protected classes (protected from discrimination) is any person who has merely reported to law enforcement, a victim’s violence center, or obtained a temporary or permanent protective order.
The second addition to RSA 354-A the protected classes (protected from discrimination) is for people who receive rental assistance..
We met with NHLA about this bill and were told two of the reasons NHLA put forward the bill are:
1. NHLA was told that people in these classes have difficulty finding apartments. However, NHLA has not provided any statistics to back this up. Further people have 60 days to locate an apartment that can be extended up to 120 days. If they work as hard at finding an apartment as the members of the legislature do during a session they should be able to locate an apartment within the allotted time frames.
We were told the victims of domestic violence sometimes have trouble getting apartments because they come with bad landlord references.
2. The second reason is that NHLA feels all tenants should be able to live where they want (despite their bad landlord references) and that these classes of tenants would have a better chance of improving theirs situations if they could live in better areas.
Note that rental assistance vouchers have rental amount limits as to how much can be spent on rent.
Does this mean that all public housing that concentrates poor people in one project should be eliminated?
There are so many problems with this bill it is crazy. Here goes a listing of some.
1. Perpetrators allowed back in by victim.
Many times the victims allow the perpetrator into the new apartment. Are other tenants to be in danger if new tenant who is victim of DV lets abuser back into their living space? What if one of the tenants are harmed by the perpetrator. Can the landlord now be held somehow liable because the landlord could not do anything to eliminate the perpetrator?
If this happens, landlords have limited ability to evict unless they are witnesses to new abuse or disturbance of the peace. The eviction requires a 30 days notice plus all the time the courts take so it could take 2 to 3 months at a minimum to evict the perpetrator. Mean time all the other tenants in the building who are subject to the fights, generally are reluctant to call police, and may move on account of the continued problem. Now the landlord is only left with the troubled unit and will likely have trouble rerenting because of the troublesome unit.
Ultimately we need to stop this bill entirely. If the bill moves forward, and needs to provide a way for a landlord to have the perpetrator removed quickly from the rented unit if the perpetrator was not on the lease or rental agreement, or a tenant.
2. Section 8 tenants are more costly for landlords although landlords by HUD rules can not charge more for them.
a. more paper work. The Section 8 lease and contract is very large with an extreme number of clauses. Does this mean you have to except all the provisions that this government body dreams up and the landlord as no control over.
b. must take time for initial inspection
c. annual inspections
d. annual financial reviews of the tenants if not more often, which changes the amount paid by the housing authority and the tenant. Increases bookkeeping time and chances of errors.
e. More regulations, and different standards such as with lead paint renovations which would now have to meet more stringent HUD rules.
Did you know that having a housing assistance tenant forces you to follow HUD RRP rules instead of EPA RRP rules. The HUD rules are more restrictive and expense to follow which will absolutely increase your expenses and create more vacancy.
f. Need housing authority approval to raise rents, and there are limitations on rent increases based upon what is allowed by HUD
g. Sec 8 is funded by what has been a dysfunctional Congress. Who knows what they will continue to fund.
h. Landlords should not be forced to have too many sec 8 tenants, if funding is reduced the landlord could face financial ruin.
i. This will open all our rental properties to having to be up to government (HUD) codes including at least annual inspections, not just current building code.
The bill gives people on sec 8 & any type of housing assistance greater rights than people who work and pay rent from their paychecks.
3. Limited ability to screen new tenants.
To protect yourself from discrimination suits you will be likely need to give preference to accept Section 8 tenants. You will not be allowed to deny someone your apartment if they have bad landlord references or bad credit if those references and credit are "caused" by the domestic violence, sexual assault, or stalking. Maybe this could be stretched to say the reasons that cause a tenant to be eligible for Section 8 are the reasons for their bad credit. If so landlords could not refuse a Section 8 tenant because of their bad credit. Could that be extended to say they could not be refuse because of bad past rental payments.
If you have an existing tenant that finally makes it to the top of the Section 8 waiting list you would be forced to accept the section 8 program or be guilty of discrimination.
4. More legal battles to fight.
It happens often that a landlord who never had any intent to discriminate winds up spending hours and hours and thousands of dollars in an effort to convince an investigator of their innocence. This could easily open up “frivolous” lawsuits against landlords.
5. Potential issues with property insurance
Some insurance companies won’t do insurance if Section 8 more than 20%-50%. Standard Insurance companies research shows that if there is a majority of a building rented to Section 8 occupants there tend to be more liability claims and less maintenance is done on the building. We have been told by insurance agents that it is their right not to insure the building in that situation and that insurance rates would likely go up if a landlord had large amounts of section 8 tenants in their building.
This is a terrible bill for landlords. Stay tuned, contact you legislators and ask them to vote against HB1409 as amended.
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HB1214, Termination of Tenancy
01/21/2014 at 02:30 PM LOB 208
Title: relative to grounds for termination of tenancy.
Summary: Allows a landlord to evict a tenant based upon the expiration of a lease or the rightful termination of the term of the lease or rental agreement.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: HB1214
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1214.html
Analysis Stated in Bill:
Talking Points:
Surrounding states have this already as law. A lease is a contract – by law it has to have a beginning and an end date. The tenant can have the end date as the last day, the landlord should have that option as well.
It is a short one line bill that would overrule the NH Supreme Court case that says that Landlords have to have a valid reason to evict a tenant, as set for the RSA 540:2.
There are many instances where we need to evict a problematic tenant where it can be difficult to prove the facts needed to evict. For instance the loud bully who other tenants do not want to testify against. (How about the member of a motor cycle gang, not club, but gang.) If this bill passes, we could evict that tenant without involving other residents of the building.
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SB315, Board of Licensing Building Officials
01/22/2014 at 10:00 AM SH 100
Title: establishing the board of building officials.
Summary:
Establish a Board for the licensure and certification of building officials who are charged with enforcing state building codes. The purpose of this bill is to assure that building officials or inspectors are qualified, including having a knowledge of state construction codes. The board would also develop a code of ethics for these officials, which the officials would be required to comply with.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S06
Email to Committee:
To: sharon.carson@leg.state.nh.us; john.reagan111@gmail.com; donna.soucy@leg.state.nh.us; david.watters@leg.state.nh.us; casac@worldpath.net; ;
Subject: SB315
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0315.html
Analysis Stated in Bill:
Talking Points:
The code of ethics includes avoiding conflicts of interests. As with all similar boards, this board would have the authority and duty for rule making, set fees, process applications, test applicants, issue certificates, require continuing education and the like. There is a fiscal note attached to the bill that indicates this bill should not have a fiscal impact on county and local governments. However, it may fiscally impact the courts by adding crimes to the state statutes.
We think this is a good idea. How it will impact us is not clear. By making sure the building inspectors know the code, have to follow a code of ethics and the other requirements of the bill should help make code enforcement more uniform in the state. It also gives us a procedure to follow if we determine that a building inspector is legally out of line. It could cause inspectors to be more strict to make sure they are in compliance with the rules of the board.
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HB1207, Reveal Source of Legislative Bill
01/23/2014 at 02:00 PM LOB 104
Title: relative to identification of the source of legislative bill proposals.
Summary: Requires the office of Legislative Services or a member of the legislature to disclose the source of a model act in the bill's analysis.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H12
Email to Committee:
To: 0
Subject: HB1207
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1207.html
Analysis Stated in Bill:
Talking Points:
We think this is a good idea, so that everyone who follows legislation has this disclosure. This bill requires the identification of a private organization responsible for distributing a model act used by a legislator to propose legislation, as provided by the legislation’s prime sponsor or as identified by a third party.
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HB1111, Insurance Not Canceled After Claim
01/30/2014 at 10:00 AM LOB 302
Title: clarifying the term "valid claim" for property insurance.
Summary: Does not allow insurance companies to cancel policy after a claim.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1111
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1111.html
Analysis Stated in Bill:
Talking Points:
This bill amends current law which prohibits an insurance company from not renewing a homeowners insurance policy if the homeowner made one valid claim within the previous year or policy period. The bill adds the following: "Inquiries about coverage do not constitute a valid claim."
Although the bill effects homeowners policies and not commercial policies, it may effect our membership who have owner occupied units, such as duplexes. The problem with the bill is that it is unclear if it opens the door to non-renewal if the homeowner inquires about coverage and does not file a claim, which does not appear to be the intent of the bill. It maybe covered elsewhere in the statute, and common sense would say that an inquiry without a claim should not be grounds for the non renewal of a policy.
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SB208, InterestDividends Tax Deduction for Foreign Taxes Paid
02/04/2014 at 09:00 AM SH 103
Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
Summary: This bill provides that taxable dividends under the interest and dividends tax shall be net of foreign taxes paid by the taxpayer.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB208
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0208.html
Analysis Stated in Bill:
Talking Points:
This bill amends the New Hampshire dividends tax by making the tax on the net dividends received after deduction for foreign taxes actually paid on the dividends.
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SB286, Allow Abatement For Prior Year Taxes
02/04/2014 at 09:30 AM SH 103
Title: relative to abatements for prior years' property taxes.
Summary: Allows abatements for prior year taxes.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; dalas@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; james.rausch@leg.state.nh.us; ;
Subject: SB286
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0286.html
Analysis Stated in Bill:
Talking Points:
This bill is a "housekeeping" bill to make the statute regarding the abatement of taxes clearer and easier to read. However, although the statue did not say prior years could not be abated, that was an enterpretation by towns & cities.
The bill clarifies that prior years taxes can be abated.
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HB1532, Radon Results Notification
02/04/2014 at 10:00 AM LOB 302
Title: relative to notification of radon level prior to sale or lease of property.
Summary: This bill would require sellers to disclose the results of any radon test of the air in the lowest level of the building for sale, that they know about, to buyers prior to entering into a purchase and sales agreement.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: HB1532
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1532.html
Analysis Stated in Bill:
Talking Points:
The current law is that the sellers or their agent have to disclose the possibility of radon, but not test results. If this passes, similar to lead paint, if the building was tested, the test results have to be disclosed.
For the buyer's prospective, the buyer should be provided this information. It allows the buyer, including members of our group additional information that the buyer can use to make an informed decision. Since only tests that have been done previously have to be disclosed, there is no additional cost to the seller. If the seller has this information, and does not disclose it, a buyer may have recourse against the seller for fraud under current law.
Some of our members say that radon does not have any scientific evidence of causing any immediate or potential health hazards. There are no standardized testing locations listed. A home will have higher levels of radon in basement than on second or third floors. This could lead to these tests leaving our homes/rentals as undesirable because there is radon present even though radon is also present is current outside air that we breathe.
An argument against the bill is that it is one step closer to requiring all buildings to be tested for radon, and eventually lead, and be remediated before sale. Since we think that this argument would not be appreciated by the legislature we leave this one up to you.
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SB203, Limitations on EBT Card Use
02/04/2014 at 01:45 PM SH 103
Title: relative to permissible uses of electronic benefit transfer (EBT) cards.
Summary: The bill introduces a number or restrictions on the use of EBT cards for non-essential purchases & also limits withdrawals to $25. Since some tenants use their EBT monies to pay rent. While the intention of the bill is good the unintended consequence is that it would effectively prevent tenants from paying rent using their EBT funds.
Property Owner Position: Amend; then "For"
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S07
Email to Committee:
To: peter.bragdon@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dalas@leg.state.nh.us; sylvia.larsen@leg.state.nh.us; chuck.morse@leg.state.nh.us; bob.odell@leg.state.nh.us; ;
Subject: SB203
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0203.html
Analysis Stated in Bill:
Talking Points:
This bill would amend RSA 167:7b, which went into effect on January 1, 2014, by further restricting how welfare funds, distributed by the use of Electronic Benefit Transfer cards can be used. The current law does not allow specific types of business to accept the funds. Those businesses are State liquor stores, stores that primarily sell beer and wine for off premises use, gaming establishments(gambling), and adult entertainment where performers disrobe or perform in an unclothed state.
The bill adds tatoo and body piercing businesses prohibited from accepted funds withdrawn with the use of the card. The bill further would specifically prohibit any person who receives public assistance from using the card or cash obtained from the card to gamble, purchase tobacco, alcohol, lottery tickets, adult entertainment or firearms. The bill also would restrict cash withdrawals made with an EBT card to $25 per transaction. Individuals who make such cash withdrawals must retain the receipts for purchases made with the cash withdrawn, and submit the receipts to the Department of Health and Human Services when seeking renewal of the card.
Obviously the intent of the bill is to reduce the use of the card for non essential items. As a taxpayer, we have trouble having people on welfare using the benefits to gamble, purchase alcohol or tobacco, and the other items that are in the bill.
We question if the bill is pragmatic. Cash assistance, over and above food stamps, are used for the purchase of many necessities. Clothing, paper products, and personal hygiene products to name a few. We doubt that people who receive public assistance can hold onto all the receipts required. We also question who at DHHS is going to have time to review the receipts. There is no restriction on the number of $25 withdrawals that can be made either in a day or in a month.
New Hampshire Legal Assistance believes that some people who receive benefits via the EBT card withdraw cash to pay rent. This does occur. Since housing is a necessity, we would like everyone to ask for the bill to be amended to include an exception to the $25 per transaction limit for withdraws for rent. It would require all landlords who accept the cash to provide receipts.
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HB1472, School Funding in District with > 2 Municipalities
02/18/2014 at 11:30 AM LOB 301
Title: relative to equalized property valuation used to apportion expenses in cooperative and multi-town school districts.
Summary: In school districts where there are two or more municipalities, the school district is entitled to school funds in proportion to the value of the property in each town. This bill would amend the law by adding that "Property value should be the most recent equalized assessed value in each town." The bill is very logical and does not have major impact upon us.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1472
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1472.html
Analysis Stated in Bill:
Talking Points:
See Summary.
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SB223, Allow Private Funding And Repayment Of Sewer Contruction
02/18/2014 at 02:45 PM LOB 301
Title: authorizing municipalities to enter into contracts for the private funding and repayment of construction of sewer systems.
Summary: This bill would allow cities and towns to adopt the provisions of the bill in order to retain the services of the various professionals to design, construct and fund the expansion of sewer systems. However, the maintenance of the system shall remain with the municipality. The purpose of the bill is to allow the municipality to expand the sewer system using the lowest cost method available.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB223
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0223.html
Analysis Stated in Bill:
Talking Points:
See Summary.
=====================
HB1196, Special Circumstances To Waive Interest On Unpaid Taxes
03/03/2014 at 10:00 AM LOB 301
Title: allowing town and cities to waive a portion of the interest due on late property tax payments in special or extraordinary circumstances.
Summary: This bill would grant authority to local governing body of any municipality to waive a portion interest accrued on unpaid taxes upon request of the person liable for the taxes, when the governing body determines that there are special or extraordinary circumstance that require such a waiver.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1196
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1196.html
Analysis Stated in Bill:
Talking Points:
The bill does not give any guidance as to what are special or extraordinary circumstances, not does it specify what portion of the taxes can be waived.
There are circumstances where the interest should be waived, for instance the tax bill was wrong and the property owner was over taxed, and the property owner paid the correct amount of the tax. It is not at all clear if the financial circumstances or health of a property owner would be such special circumstances. Because the bill is so unclear, we do not feel that we should support it. We also do not think that we should oppose it, as one of us could end up benefiting by such a bill. You decide.
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HB1171, Veterans Property Tax Credit
03/03/2014 at 10:30 AM LOB 301
Title: relative to eligibility for the veterans' property tax credit.
Summary: This bill would give a property tax credit to every state resident who is in active duty in the US military for at least 4 years and has served in an armed conflict for not less than 90 days. The tax credit would continue after an honorable discharge from the military for life.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1171
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1171.html
Analysis Stated in Bill:
Talking Points:
The bill is a "Thank you" for risking life and limb to our current forces and combat veterans.
=====================
HB1333, Eliminate Fraudulent Use of Elderly Property Tax Credit
03/03/2014 at 02:00 PM LOB 301
Title: relative to the elderly property tax exemption.
Summary: The bill would not allow the elderly tax exemption if the house was being used by someone who moved into the elderly person’s home and had income above certain limits. It is to prevent someone who has income from moving in with an elderly person and avoid paying his or her fair share of taxes.
Property Owner Position: For
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: HB1333
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1333.html
Analysis Stated in Bill:
Talking Points:
This bill would reduce the elderly tax exemption if the owner shares the house with someone who is not the owners spouse and is over 18 with a personal income of over amounts set by the local community, but not less than $13,400 for a single person or $20,400 for a married person.
Since exemptions raise taxes for everyone else, and this bill only effects people who the legislature deems to have sufficient funds to pay part if not all the property taxes, we should support the bill.
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SB374, Standardize Terms Domicile & Residency
03/05/2014 at 09:30 AM LOB 102
Title: establishing a commission to review and make recommendations to standardize and make uniform the definitions of "domicile" and "residency" in state statutes.
Summary: It appears that there is currently a law to establish a commission to review and make recommendations to standardize the terms domicile and residency in state statutes. This bill repeals the current law and enables a new commission to report its findings before Nov 30, 2014.
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: SB374
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0374.html
Analysis Stated in Bill:
Talking Points:
none developed so far.
=====================
SB267, Extend Effective Date Integrated Land Permits
03/12/2014 at 09:00 AM LOB 101
Title: extending the effective date for integrated land development permits.
Summary: Extends the effective date from January 1, 2015 to July 1, 2017 for integrated land permits. This is related to RSA 489 titled Integrated Land Development.
Property Owner Position: You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: martha.fullerclark@leg.state.nh.us; bob.odell@leg.state.nh.us; represcott@represcott.com; Jeff.Woodburn@leg.state.nh.us; jeb.bradley@leg.state.nh.us; ;
Subject: SB267
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0267.html
Analysis Stated in Bill:
Talking Points:
none developed so far.
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