Monday, March 2, 2015

Legislative Update: Contact your Legislators regarding changes to Landlord/Tenants Laws

This Legislative Update was provided by Nick Norman, Director of NH Landlord Legislative Affairs

You can contact Nick at nicknorman@yahoo.com


Howdee everyone,
 
Important Updates:
 
SB135, 2015 Lead Law Changes
There is an amendment based on testimony at the hearing and our input to the stake holders group.  Some changes and clarifications allow us to upgrade our Property Owner Position on the bill.  This bill continues to be a moving target as concerns are addressed and incorporated.  So stay tuned.  The good news is the changes continue to improve the bill from our viewpoint.
 
Full Detail further below.
 
HB203, Representation Landlord/Tenant Court
The RPOA Amendment, now Amendment #2015-0284h, was adopted by the Judiciary committee and passed by a vote of 7 to 6.  Next it goes to the full house for a vote.
 
HB315, 7 Days Eviction Notice In Certain Circumstances
The RPOA Amendment, now Amendment #2015-0298h, was adopted by the Judiciary committee and passed by a vote of 11 to 7.  Next it goes to the full house for a vote.
 
Action items this week:
1. Review sections entitled Finding your legislator contact info and
Contacting legislators immediately below this email.
 
2. Contact legislators on these high importance bills

HB203, Representation Landlord/Tenant Court
Is going to the full house for a vote.  We only won by a slim margin of 7 to 6.  Because of that slim margin it is critical that we contact our representatives and the full house and urge them to vote in our favor to pass the bill as modified by the Judiciary committee with amendment #2015-0284h.  It’s time to do that NOW.  Not later, not I’ll get around to it.  Make contact now.
 
HB315, 7 Days Eviction Notice In Certain Circumstances
Is going to the full house for a vote.  We will only won by a small margin of 11 to 7.  Because of that small margin it is critical that we contact our representatives and the full house and urge them to vote in our favor to pass the bill as modified by the Judiciary committee with amendment #2015-0298h.  It’s time to do that NOW.  Not later, not I’ll get around to it.  Make contact now.
 
3. Study SB135, 2015 Lead Law Changes (full detail below)
This is a very large bill and yes it requires some study.  However, we have a summary and talking points that walk you through the bill.
 
Read the summary and talking points (in Full Detail section).
Let us know if you differ from our position.  We continue to work with the Stake holders on this bill so we can still get you input into the discussions.
 
 See more info in Summaries & Full Detail for each bill further below. (includes property owner position, contact info, Talking points, and more).
(to jump right to bill detail, use Control-F, Find).

 
Hearings this week:
3/02/2015 at 09:30 AM    SH 103
SB232, Exempting Certain Leases From The Real Estate Transfer Tax
Level of Response: You Decide
Property Owner Position: You Decide
 
03/02/2015 at 10:00 AM    LOB 202
HB571, Interest And Dividends Taxation Of Trusts
Level of Response: Email Call Legislators
Property Owner Position: Against
 
03/02/2015 at 09:45 AM    SH 103
SB121, Current Use Taxation
Level of Response: Email Call Legislators
Property Owner Position: Against
 
 Hearings next week:
None scheduled so far
 
 
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
Director of Legislative Affairs
==============================================
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.
==============================================
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.
HB342, Consent for smart meter gateway devices
Property Owner Position: For
House Status:
Senate Status: none
 
HB222, Exempting Homeowners Over 80 Years Of Age From Statewide Education Tax
Property Owner Position: Not analyzed. Believed to be Limited Impact.
House Status:
Senate Status: none
 
HB636, Forfeiture Of Property
Property Owner Position: Against
House Status: RETAINED IN COMMITTEE
Senate Status: none
 
SB232, Exempting Certain Leases From The Real Estate Transfer Tax
Property Owner Position: You Decide
House Status: none
Senate Status: IN COMMITTEE
 
HB571, Interest And Dividends Taxation Of Trusts
Property Owner Position: Against
House Status: IN COMMITTEE
Senate Status: none
 
SB121, Current Use Taxation
Property Owner Position: Against
House Status: none
Senate Status: IN COMMITTEE
==============================================
Full details on all bills above:
HB342, Consent for smart meter gateway devices
02/10/2015 at 02:00 PM    LOB 304
Title: HOUSE
 
Summary: This bill is a correction to RSA374:62. It includes Water, Gas, propane and utility distribution as well as electricity.
Property owner's consent is required by utilities.
 
Property Owner Position: For
 
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: HB342
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0342.html
Analysis Stated in Bill:
 
Talking Points:
The bill should be updated to reflect all utility service providers.
=====================
HB222, Exempting Homeowners Over 80 Years Of Age From Statewide Education Tax
02/13/2015 at 10:30 AM    LOB 202
Title: HOUSE
 
Summary:
 
Property Owner Position: Not analyzed. Believed to be Limited Impact.
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee:
To: 0
Subject: HB222
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0222.html
Analysis Stated in Bill:
 
Talking Points:
 
=====================
HB636, Forfeiture Of Property
02/19/2015 at 01:30 PM    LOB 208
Title: HOUSE
 
Summary: This bill would revise the New Hampshire forfeiture laws – the laws that allows the state to take property that is contraband, property obtained due to a commission of a crime, and instrumentalities a person used in the commission of the crime.
 
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: HB636
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0636.html
Analysis Stated in Bill:
 
Talking Points:
The state will have the right to seize property that it believes was used in the commission of a crime.
 
Prosecutors only have to prove by a preponderance of the evidence that the property is related to the crime, therefore subject to forfeiture.
 
Law enforcement has a profit motive to pursue forfeitures.
 
Once property is taken, the burden lies on the innocent owner to defend against the forfeiture.
=====================
SB232, Exempting Certain Leases From The Real Estate Transfer Tax
03/02/2015 at 09:30 AM    SH 103
Title: SENATE
 
Summary: This bill would exempt from the transfer tax any lease, including any sales, transfers, or assignments of any interest in the leased property, where the term of the lease, including all renewals, is less than 99 years.
 
Property Owner Position: You Decide
 
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
 
Email to Committee:
To: dboutin1465@comcast.net; 0; chuck.morse@leg.state.nh.us; andy.sanborn@leg.state.nh.us; dalas@leg.state.nh.us; ;
Subject: SB232
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0232.html
Analysis Stated in Bill:
 
Talking Points:
This bill seeks to clarify that a real estate transfer has not taken place with leased property.
=====================
HB571, Interest And Dividends Taxation Of Trusts
03/02/2015 at 10:00 AM    LOB 202
Title: HOUSE
 
Summary: This bill would tax the interest and dividends earned by trusts in excess of $2400 a year.
 
Property Owner Position: Against
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee:
To: 0
Subject: HB571
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/HB0571.html
Analysis Stated in Bill:
 
Talking Points:
Trusts used for estate planning purposes have been attractive to NH residents. In the past, I/D tax has only been imposed on distributions to trust beneficiaries.
 
In 2012 NH legislators passed trust favorable legislation to introduce tax relief and to make this state more attractive to conduct business.  We have not done a thorough analysis on this bill but this bill would seem to be going backwards and making NH less favorable for conducting business.
=====================
SB121, Current Use Taxation
03/02/2015 at 09:45 AM    SH 103
Title: SENATE
 
Summary: This bill will allow excavated land to be considered open space. Therefore, allowing more landowners to apply for current use tax savings.
 
Property Owner Position: Against
 
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S17
 
Email to Committee:
To: dboutin1465@comcast.net; 0; chuck.morse@leg.state.nh.us; andy.sanborn@leg.state.nh.us; dalas@leg.state.nh.us; ;
Subject: SB121
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2015/SB0121.html
Analysis Stated in Bill:
 
Talking Points:
Towns may bare the cost of civil engineers to determine “angle of repose” but, those costs should be paid by the applicant.
 
The reduction of taxable land within a municipality will result in higher tax bills for taxpayers.
The revenue is not lost to the town as it will be picked up by all local taxpayers. The town will likely pick up additional revenue when the land is eventually converted from current use.
 
Excavated land where the “angle of repose” creates the necessity of civil engineering to ensure it's safety, probably goes against the intent of open space.
 
This bill would increase tax burden on taxpayers in general for the benefit of the few.
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