This Legislative Update was provided by Nick Norman, RPOA Director of Legislative Affairs
Howdee everyone,
If this does happen, it will not be as good as having stopped the bill but it will temporarily be stopped and we will have more input in reshaping future legislation.
Thank you to every one that wrote, called and attended. We made a significant impact in holding back this legislation that is so detrimental to landlords.
HB1409 Anti-Discrimination
The unconfirmed word is that the Senate Judiciary Committee is going to not pass HB1409. However, they will very likely create a study commission to study the issues and recommend a different law change. We will need to follow this very closely as it progresses. We believe that the committee will be made up of several tenant advocacy agencies plus 3 landlords.If this does happen, it will not be as good as having stopped the bill but it will temporarily be stopped and we will have more input in reshaping future legislation.
Thank you to every one that wrote, called and attended. We made a significant impact in holding back this legislation that is so detrimental to landlords.
Action items this week
HB1409, Anti-Discrimination, If you didn’t already, contact Senate Judiciary committee and urge them to vote against HB1409. (Senate Judiciary committee contact info is immediately after this email).Important Updates
SB347, Fines related to Landlord Agent RegistrationTitle: relative to municipal enforcement of land use ordinances.
Property Owner Position: Against
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1570, Paint Tax
Title: establishing a paint stewardship program.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: INEXPEDIENT TO LEGISLATE
See more info in Summaries & Full Detail for each category further below which includes property owner position, contact info, talking points, and more.(to jump right to bill detail, use Control-F, Find).
This week:None
Next week:None
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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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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HB1409 Senate Judiciary committee.The Committee Meets in the State House, Room 100
Sharon Carson Chairman, Republican
District 14 covers Hudson, Auburn and her hometown of Londonderry
(603) 271-1403, sharon.carson@leg.state.nh.us
Home, 19 Tokanel Road, Londonderry, NH 05053, (603) 434-2489
Bette Lasky V Chairman, Democrat
District 13 comprised of Wards 3, 4, 6, 7, 8 and 9 in her hometown of Nashua
(603) 271-4151, bette.lasky@leg.state.nh.us
Home, 15 Masefield Road, Nashua, NH 03062, (603) 888-5557 (Home), (603) 315-1924 (Cell)
David Boutin, Republican
District 16 covers Bow, Candia, Dunbarton, and Manchester Wards 1, 2 and 12 along with his hometown of Hooksett.
(603) 271-3092, david.boutin@leg.state.nh.us, dboutin1465@comcast.net
Home, 1465 Hooksett Road #80, Hooksett, NH 03106, (603) 203-5391
Sam Cataldo, Republican
District 6 towns of Alton, Barnstead, Farmington, Gilmanton, and New Durham as well as the City of Rochester.
(603) 271-4063, sam.cataldo@leg.state.nh.us
Home, 120 Hornetown Road, Farmington, NH 03835, (603) 859-1089
Donna Soucy, Democrat
District 18, comprised of Wards 5, 6, 7, 8 and 9 in the City of Manchester and the Town of Litchfield
(603) 271-4151, donna.soucy@leg.state.nh.us
Home, 91 Alexander Drive, Manchester, NH 03109,
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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.
SB347, Fines related to Landlord Agent Registration
Title: relative to municipal enforcement of land use ordinances.
Property Owner Position: Against
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB306, NH Study Commission on Foreclosure Law
Title: establishing a commission to study New Hampshire mortgage foreclosure law, new federal regulations, and fair foreclosure practices.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB333, Clarify Term Manufactured Housing
Title: relative to property taxation of manufactured housing.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED
SB310, Commercial Tenant Brewer License
Title: authorizing tenant brewing.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED
SB375, Study Commission Flood Mitigation Fund
Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: CONCURRED
SB243, Business Profits, Real Estate Transfer Tax
Title: (New Title) relative to the carry forward of a credit against the business profits tax, rulemaking concerning the real estate transfer tax, the disclosure of certain department of revenue administration records, and the tax on unstamped tobacco products.
Property Owner Position: LimitedImpact; You Decide
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB286, Allow Abatement For Prior Year Taxes
Title: relative to abatements for prior years' property taxes.
Property Owner Position: For
House Status: REPORT FILED:
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB237, Condo Notice local land use board hearings
Title: (New Title) relative to the definition of “abutter” for notice of land use board hearings.
Property Owner Position: LimitedImpact; You Decide
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB203, Limitations on EBT Card Use
Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
Property Owner Position: Amend; then "For"
House Status: INTERIM STUDY
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1570, Paint Tax
Title: establishing a paint stewardship program.
Property Owner Position: Against
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: INEXPEDIENT TO LEGISLATE
HB1272, Excluding Fraternity Rental to Member from RSA540.
Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Property Owner Position: LimitedImpact; You Decide
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED
Ought to Pass, Vote 5-0.
Senator Carson for the committee.
This bill deals with a narrow section of landlord – tenant law affecting primarily fraternities and sororities. As these groups have special circumstances because of the populations they are dealing with, the
Committee supports excluding them from tenancy definitions as outlined in the bill."
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Full details on all bills above:SB347, Fines related to Landlord Agent Registration
04/01/2014 at 10:30 AM LOB 301
Title: Title: relative to municipal enforcement of land use ordinances.
Summary: This bill amends the statute dealing with municipal citations so that any defendant who fails to respond to a citation is subject to fines and penalties set forth in RSA 676:17 ($275 for the first offense and $550 for each subsequent offense, as well as daily fines, attorney fees and more).
It also makes any person who fails to file a statement of a designated agent pursuant to RSA 540:1-c subject to a fine not to exceed $100.
Property Owner Position: Against
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: SB347
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0347.html
Analysis Stated in Bill:
Talking Points:
This is less than the house bill of $500, and just like the house 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 these fines. 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. They can look up assessment records/purchase records to find address for service.
This law that should not even exist.
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SB306, NH Study Commission on Foreclosure Law
04/01/2014 at 11:30 AM LOB 302
Title: Title: establishing a commission to study New Hampshire mortgage foreclosure law, new federal regulations, and fair foreclosure practices.
Summary: This bill would establish a commission to study New Hampshire foreclosure law, Federal Regulations, and Fair Forclosure Practices. The commission is as with all commissions, would then report back to the legislature its findings and recommendations, including aligning NH law with the federal regs.
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: SB306
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0306.html
Analysis Stated in Bill:
Talking Points:
This bill does not change any existing laws. Until we see what the commission recommends, and how it would effect us, we recommend no action.
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SB333, Clarify Term Manufactured Housing
04/01/2014 at 02:00 PM LOB 301-303
Title: Title: relative to property taxation of manufactured housing.
Summary: Immensely simple bill that clarifies "Manufactured housing".
In Property Taxes; Manufactured Housing amend RSA 72:7-a, I and I-a to read as follows:
Manufactured housing, as defined in RSA 205-A:1.
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: SB333
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0333.html
Analysis Stated in Bill:
Talking Points:
See Summary
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SB310, Commercial Tenant Brewer License
04/01/2014 at 02:15 PM LOB 302
Title: Title: authorizing tenant brewing.
Summary: This bill establishes a tenant brewer license authorizing the holder to enter into a partnership with a beverage manufacture to produce or package beer or specialty beer. For commercial applications.
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: SB310
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0310.html
Analysis Stated in Bill:
Talking Points:
Limited Impact, no talking points developed.
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SB375, Study Commission Flood Mitigation Fund
04/02/2014 at 10:00 AM LOB 202
Title: Title: establishing a committee to study the creation of a flood mitigation fund for private property owners.
Summary: The bill would establish a three person commission to study the creation of a flood mitigation fund for private property owners.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info:
Email to Committee:
To:
Subject: SB375
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0375.html
Analysis Stated in Bill:
Talking Points:
We could be effected two ways. For those of use with properties subject to flooding, such a fund could be a life saver, especially where flood insurance is so expensive. On the other hand, it could establish some sort of tax in order to have money to go into the fund.
Since the bill only would establish a commission to study the issue and make recommendations, we leave it to you to decide how to respond.
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SB243, Business Profits, Real Estate Transfer Tax
04/02/2014 at 11:30 AM LOB 202
Title: Title: (New Title) relative to the carry forward of a credit against the business profits tax, rulemaking concerning the real estate transfer tax, the disclosure of certain department of revenue administration records, and the tax on unstamped tobacco products.
Summary: This bill clarifies the taxable years for which the business profits tax credit for business enterprise tax aid may be carried forward. The bill also allows for rules concerning the real estate transfer tax to include examples in its rules regarding the transfer tax. This is currently done in IRS regulations, which makes them easier to understand.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
To: 0
Subject: SB243
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0243.html
Analysis Stated in Bill:
Talking Points:
Limited Impact, no talking points developed.
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SB286, Allow Abatement For Prior Year Taxes
04/08/2014 at 10:00 AM LOB 301
Title: 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/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@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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SB237, Condo Notice local land use board hearings
04/08/2014 at 11:00 AM LOB 301
Title: Title: (New Title) relative to the definition of “abutter” for notice of land use board hearings.
Summary: This bill would require Condo boards to post in common areas notices they received of local land use board hearings. (We are guesing that this generally would be Planning Board, Zoning Board of Adjustment and other such boards).
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: SB237
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/SB0237.html
Analysis Stated in Bill:
Talking Points:
The purpose of the bill is to provide notice to individual condo owners of such hearing since, from the language of the existing statute, the notices are only sent to the condo board of directors.
Although we think the bill is a good idea, we are also guessing it would have little to no impact on our day to day business as apartment owners and managers.
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SB203, Limitations on EBT Card Use
04/15/2014 at 11:00 AM LOB 205
Title: Title: allowing for the deduction of foreign taxes paid from taxable dividends under the interest and dividends tax.
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/house/committees/committeedetails.aspx?code=H09
Email to Committee:
To: ~HHSEA@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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HB1570, Paint Tax
04/16/2014 at 09:45 AM LOB 101
Title: Title: establishing a paint stewardship program.
Summary: Establish a program to collect waste latex paint, oil based paint and stains by a non-profit organization, approved by the State
Property Owner Position: Against
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: HB1570
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1570.html
Analysis Stated in Bill:
Talking Points:
The bill establishes a tax on each pint to 5 gallon can of paint to fund the program. The drafters of the bill propose collection sites such that 90% of the population have a site within a 15 mile radius. It would require the steward to collect or arrange for collection of the waste paint (typically the left over paint at the end of a job) and have it reused or recycled. The application fee alone is $5,000
The original assessment to fund the program shall not exceed $0.35 for a can of paint of over 1/2 pint and less than a gallon, $0.75 for a gallon and $1.60 for cans over a gallon. (We will all want to buy 5 gallon containers to reduce the costs) This tax is the starting point. The stewardship shall have the ability to ask the State for additional funding in future years.
The bill is fairly comprehensive in setting up the program, including giving rule making authority. Retailers can serve as collection sites. We predict that retailers will eventually be required to be collection sites, and the tax on paint will increase as people figure out the actual cost of running the program.
The costs for us as landlords should not be that great in the beginning. This assumes that the average apartment does not need to be repainted for 2 or 3 years and takes 5 gallons of paint, the cost is $1.60 to $3.20 every 24 months. If collection centers are within 15 miles, then the cost of bring the paint to a collection center is also not high, excluding labor. But a landlord can hold onto partial cans of paint and make one trip per year, assuming he or she does not use the paint on another unit.
There is a market for left over latex paints, according to a quick search of the web. We do not know about oil based paints. How the stewardship will be able to cover costs, and send the paint for recycling or reuse within the budget proposed in the fiscal note to the bill is questionable.
The annual initial costs are not high. It is the future costs & bureaucracy that are a major concern.
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HB1272, Excluding Fraternity Rental to Member from RSA540.
04/22/2014 at 10:10 AM SH 100
Title: Title: excluding certain leases by fraternal or social organizations from the definition of tenancy.
Summary: This is a one line bill that would exclude residential units owned and rented by a fraternal or social organization to a member from being a residence under RSA 540.
Property Owner Position: LimitedImpact; You Decide
Link to Committee Info:
Email to Committee:
To:
Subject: HB1272
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2014/HB1272.html
Analysis Stated in Bill:
Talking Points:
Some of our members felt they were against this bill. Why should these organizations be exempted from the laws we have to follow?
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