Monday, February 6, 2017

==Legislative Update, 2017 #06== Summary and text new Lead bill. Many more hearings scheduled.


Questions? Need copies of the Lead Bill or Summary? Contact Nick Norman at nicknorman@yahoo.com


Howdee everyone,
Important Updates:
A few days ago we sent you the new Lead bill text and a summary.  It is also included in this new update.
We had one Landlord Informational session already and plan at least one more (see below).  Initially the bill looked as though it would have some portions favorable to landlords while other portions would obviously be bad. As we continue reviewing the bill in greater detail, getting responses from many landlords and answering questions related to concerns that have been raised, we are finding more concerns with the portions of the bill that at first look seemed favorable. 
On closer inspection, it the value of the portions favorable to landlords seems small or unlikely to attain and are overshadowed by the parts that would hurt landlords.
The bill is enormous with 33 sections covering lead in many more situations than just landlord tenant law.
The attached “170131 Summary LeadBillBeforeOLS.doc” will walk you through a summary of the bill grouped by category with references to the sections in the actual bill.
The attached “170131 LeadBillBeforeOLS.doc” is the bill that is being submitted to the Office of Legislative Services.  This is the normal process of submitting a bill.
They pour through all the new bills and correct for “dotted i’s & crossed t’s” correct terms and references to existing law etc.  Sometimes they will regroup sections.  So what comes out of OLS, while substantially the same, may look and be laid out differently.

If you are having trouble getting the attachments contact me and I will send them to you directly.

We’ll keep you up to date as much as possible for what is often a quickly moving legislative process.
As said before:
We are planning to host another landlord only informational session to give an advance look at the bill language, explain the bill and prepare for legislative hearings and contacting legislators.
We plan to cover:
what the lead law is now,
what the long distance future looks like,
overview of the actual bill language (note as of 1/29/17 it is not released on the NH government website),
what is favorable and very flexible to landlords (which now seems to be overshadowed by the portions bad for landlords),
what we would likely object to,
opportunity to collect your thoughts and bring them back to the lead commission,
contacting legislators & attending the legislative hearing,
opportunity for a long question answer session.
Please join us and become knowledgeable on this enormous & very important bill.
Action items this week:
RSVP for one of the Landlord Only informational sessions on the new lead bill.
Nashua, still looking for meeting space if you know of a space we can use please contact us.
Dover, still looking for meeting space if you know of a space we can use please contact us.
…
Look at the detail on the other bills scheduled below that we have marked a position For or Against, contact legislators and ask them to vote in our favor.
…
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:
02/07/2017 at 09:15 AM    SH Room 103
SB229, Eminent Domain Pipelines
Level of Response: Call, Email Legislators
Property Owner Position: For
02/07/2017 at 10:00 AM    LOB Room 303
HB399, Pesticide Use Where Children Play
Level of Response: You Decide
Property Owner Position: You Decide
02/07/2017 at 10:00 AM    SH Room Reps Hall
HB592, Repealing The Regional Greenhouse Gas Initiative
Level of Response: You Decide
Property Owner Position: You Decide
02/07/2017 at 10:20 AM    LOB Room 301
HB411, Change Date Of Property Tax Calcuation
Level of Response: You Decide
Property Owner Position: You Decide
02/07/2017 at 10:40 AM    LOB Room 301
HB419, RE Leased for Public Charter School
Level of Response: You Decide
Property Owner Position: You Decide
02/07/2017 at 11:00 AM    LOB Room 301
HB503, Notice of Re-Assessment 
Level of Response: Call, Email Legislators
Property Owner Position: You Decide
02/07/2017 at 11:00 AM    LOB Room 202
HB567, Repealing The Exemption For Water And Air Pollution Control Facilities From Local Property Taxation
Level of Response: You Decide
Property Owner Position: You Decide
02/07/2017 at 11:40 AM    LOB Room 301
HB316, Statewide Property Tax Exemption For Commercial And Industrial Construction
Level of Response: Call, Email Legislators
Property Owner Position: For
02/07/2017 at 01:00 PM    LOB Room 202
HB615, Reduce BPT and BET
Level of Response: Email legislators Call Legislators
Property Owner Position: For
02/07/2017 at 02:00 PM    LOB Room 202
HB637, Exempt BET if no BPT
Level of Response: Email legislators Call Legislators
Property Owner Position: For
02/07/2017 at 02:30 PM    LOB Room 202
HB581, Business Profits Tax Credit for Media Companies.
Level of Response: You Decide
Property Owner Position: You Decide
02/08/2017 at 10:30 AM    LOB Room 202
HB539, Distribution Of Meals And Rooms Tax Occupancy Revenues
Level of Response: You Decide
Property Owner Position: You Decide
02/08/2017 at 11:00 AM    LOB Room 202
HB655, Local Option Sales Tax
Level of Response: Email legislators Call Legislators
Property Owner Position: Against
Hearings next week:
None scheduled so far
For updates on the following, see Bills Updated Status Summary further below.
SB80, Veterans Tax Credits
HB359, Returning A Percentage Of The LCHIP Fee
HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
Please email or call your legislator to give them your input on the bills still active & ask your legislator to vote in our favor.
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
==============================================
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.
HB109, Exempting Building Plans & Construction Drawings From Right To Know Law     
Title: exempting certain building plans from the right-to-know law.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED: 
Senate Status: none
HB359, Returning A Percentage Of The LCHIP Fee    
Title: relative to returning a percentage of the LCHIP fee to the municipality where the real estate transfer from which the fee originates is located.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED: 
Senate Status: none
SB80, Veterans Tax Credits     
Title: relative to implementation of the all veterans' tax credit.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: REPORT FILED: 
SB229, Eminent Domain Pipelines     
Title: relative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
HB399, Pesticide Use Where Children Play     
Title: relative to pesticide use and notification in places where children play.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB592, Repealing The Regional Greenhouse Gas Initiative     
Title: repealing the regional greenhouse gas initiative.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB411, Change Date Of Property Tax Calcuation    
Title: relative to calculation of collection dates for local property taxes.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB419, RE Leased for Public Charter School     
Title: relative to real estate leased for a public charter school.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB503, Notice of Re-Assessment      
Title: relative to notice to property owners regarding changes in assessments of property values for tax purposes.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB567, Repealing The Exemption For Water And Air Pollution Control Facilities From Local Property Taxation     
Title: repealing the exemption for water and air pollution control facilities from local property taxation.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB316, Statewide Property Tax Exemption For Commercial And Industrial Construction     
Title: relative to a statewide property tax exemption for commercial and industrial construction.
Property Owner Position: For
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB615, Reduce BPT and BET     
Title: reducing the rates of the business profits tax and the business enterprise tax
Property Owner Position: For
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB637, Exempt BET if no BPT     
Title: relative to the threshold for filing a business enterprise tax return.
Property Owner Position: For
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB581, Business Profits Tax Credit for Media Companies.     
Title: establishing a credit against business profits taxes for media production expenditures in New Hampshire.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB539, Distribution Of Meals And Rooms Tax Occupancy Revenues     
Title: relative to the distribution of occupancy revenues under the meals and rooms tax to towns and cities.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
HB655, Local Option Sales Tax     
Title: establishing a local option sales tax to reduce property taxes.
Property Owner Position: Against
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
==============================================
Full details on all bills above:
HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
01/19/2017 at 10:00 AM    LOB Room 208
Title: Title: exempting certain building plans from the right-to-know law.
Summary: The bill would exempt " Building plans and construction drawings submitted in connection with a local building permit process" from the right to know law.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB109 
Analysis Stated in Bill: 
Talking Points:
This can be interpeted that no building plans are subject to public review, including abutters who may want to review plans and appear at public hearings. 
Some of us are for this bill:
Keeping plans of public buildings, such as schools, city halls and offices, jails, and prisons confidential to avoid aiding a terrorist would be acceptable, but not every plan.
Others are against:
For purchasers of property, plans available to the public are useful sources of due diligence.  They are on the same level as mortgages and deeds being available and should continue to be so.  However, one could make the argument that these plans would be considered proprietary information of the property owner.
=====================
HB359, Returning A Percentage Of The LCHIP Fee
01/19/2017 at 02:15 PM    LOB Room 202
Title: Title: relative to returning a percentage of the LCHIP fee to the municipality where the real estate transfer from which the fee originates is located.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB359 
Analysis Stated in Bill: 
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you.  If you learn more please let us know.
=====================
SB80, Veterans Tax Credits
02/01/2017 at 09:00 AM    LOB Room 102
Title: Title: relative to implementation of the all veterans' tax credit.
Summary: The bill would give municipalities authority to phase out an older veteran's tax credit over three years and use the newer credit.
Property Owner Position: You Decide
Email to Committee: 
Subject: SB80 
Analysis Stated in Bill: 
Talking Points:
This bill appears to be a house keeping bill, giving munipalites the ability
 to change over the veteran's tax credits
=====================
SB229, Eminent Domain Pipelines
02/07/2017 at 09:15 AM    SH Room 103
Title: Title: relative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Summary: The legislative services analysis of the bill is an accurate summary of the 
bill.  It states (Via copy and paste) I. Allows an owner of residential property to have an updated appraisal completed at the expense of a pipeline company seeking to acquire the property by eminent domain.
II. Allows certain owners of property subject to a permanent partial taking under eminent domain to require a pipeline company to take the entire tract of land.
III. Provides for the awarding of relocation, temporary housing, and legal expenses in gas pipeline eminent domain proceedings.
IV. Requires the site evaluation committee to file as an intervenor in Federal Energy Regulatory Commission proceedings involving siting of high pressure gas pipelines.
Property Owner Position: For
Email to Committee: 
Subject: SB229 
Analysis Stated in Bill: 
Talking Points:
Owners of residential property, which generally are single family homes and duplexes, would have the ability to have their property appraised, at the pipeline company's expense,  if it is threatened to be taken by eminent domain action by a pipeline company, as well as forcing the company to take the entire parcel of land, in certain circumstances, and be paid for temporary housing.  Since many homeowners do not have the resources to fight the valuations of the pipeline company, this does level the playing field. The state also would be required to appear in any action before the Federal Energy Regulatory Commission to protect the interests of New Hampshire, and hopefully, its residents.
These things make sense to ensure a property owner is adequately compensated for their property if taken by eminent domain for pipeline purposes.  NH desparately needs pipeline capacity to bring low cost natural gas to bear, and this could help get opponents of pipeline infrastructure onboard.
=====================
HB399, Pesticide Use Where Children Play
02/07/2017 at 10:00 AM    LOB Room 303
Title: Title: relative to pesticide use and notification in places where children play.
Summary: From the Analysis summary of the bill:
“This bill restricts the use of pesticides in places where children play to situations in which alternative methods have been exhausted and the pesticide application is deemed necessary based on an imminent threat to public health.  The bill also establishes notice requirements regarding any emergency pesticide application”  The bill specifically relates property “which is owned or controlled by the state of New Hampshire or any county, city, or town in the state”
Property Owner Position: You Decide
Email to Committee: 
Subject: HB399 
Analysis Stated in Bill: 
Talking Points:
The intent of the bill is to prevent children's exposure to pesticides used in schools, day care, and playgrounds.  The bill also specifically relates property “which is owned or controlled by the state of New Hampshire or any county, city, or town in the state”.
    
The bill specifically defines a lawn care pesticide and says that an individual may not apply a lawn care pesticide to a playground except in the case of an emergency pesticide application “which is to be determined by county, city, or town board of health, or for a municipality not having a board of health, the governing body of the municipality shall select a designated health official.”
A concern expressed by the analysis team is that while the intent of the bill sounds good usually legislation like this drives up costs for everyone.
Additionally, a deeper knowledge of pesticides would be needed to comment more thoroughly on the bill and we don’t have that expertise.  For instance, still allowed would be “A pesticide including no active ingredients other than those published in the National List at 7 C.F.R 205.601, as amended.”  We’re not sure what that would mean.
=====================
HB592, Repealing The Regional Greenhouse Gas Initiative
02/07/2017 at 10:00 AM    SH Room Reps Hall
Title: Title: repealing the regional greenhouse gas initiative.
Summary: Some landlords have expressed interest in issues related to the Regional Greenhouse Gas Initiative.  So we are letting you know the bill is here.  Seems to have little impact on landlords.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB592 
Analysis Stated in Bill: 
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you.  If you learn more please let us know.
=====================
HB411, Change Date Of Property Tax Calcuation
02/07/2017 at 10:20 AM    LOB Room 301
Title: Title: relative to calculation of collection dates for local property taxes.
Summary: Currently you get an estimated tax bill for the first half of the year and the 
actual bill is calculated for the second half of the year.  This proposed bill eliminates the estimated tax bill and  makes your payments equal for both tax bills.  To do this they will value your property on April 1 prior to the current year.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB411 
Analysis Stated in Bill: 
Talking Points:
For most people this will not affect them. The situations where it will affect someone:  If your house burns down or is demolished on April 2, 2017 you will still be paying taxes on the house in 2018.  If you add or put a new structure on your house/land on April 2, 2017, you will not have to pay taxes on it till 2019.  New construction will get a nice tax benifit at the expense of all the other taxpayers.
=====================
HB419, RE Leased for Public Charter School
02/07/2017 at 10:40 AM    LOB Room 301
Title: Title: relative to real estate leased for a public charter school.
Summary: The bill would have municipalites reimburse public charter schools for
taxes they paid as part of rent, if they rent from a private owner who 
pays taxes on the rented property to the city or town
Property Owner Position: You Decide
Email to Committee: 
Subject: HB419 
Analysis Stated in Bill: 
Talking Points:
appears to give charter schools the same tax exemption as other schools
=====================
HB503, Notice of Re-Assessment 
02/07/2017 at 11:00 AM    LOB Room 301
Title: Title: relative to notice to property owners regarding changes in assessments of property values for tax purposes.
Summary: Gives notice to property owners of reassessment and how it will affect their taxes before implementing the new tax.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB503 
Analysis Stated in Bill: 
Talking Points:
The analysis team has some different thoughts on this one.  Most are for it.  One raises and objection.
For:
The notice required by the bill would give an owner of property being reappraised both a chance to try and change the valuation before it was implimented if the owner felt it was wrong, and also a chance to plan for increased taxes before those taxes became due and payable. This would even be helpful to single family homeowners who may want to increase tax escrow payments, or savings to pay the taxes.
Most towns already do this.  Make it mandatory for all towns
Against:
There is benefit to the notice, but how much?  And what cost will it be to create all these notices on a more regular basis.  This seems like a good thing that the town or city website can handle at a very low cost compared to sending out tons of letters and paying someone to do it.
Modification requested:
Should include some time limit. (perhaps 30 days prior)
=====================
HB567, Repealing The Exemption For Water And Air Pollution Control Facilities From Local Property Taxation
02/07/2017 at 11:00 AM    LOB Room 202
Title: Title: repealing the exemption for water and air pollution control facilities from local property taxation.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB567 
Analysis Stated in Bill: 
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you.  If you learn more please let us know.
=====================
HB316, Statewide Property Tax Exemption For Commercial And Industrial Construction
02/07/2017 at 11:40 AM    LOB Room 301
Title: Title: relative to a statewide property tax exemption for commercial and industrial construction.
Summary: The bill would empower municipalities to grant property tax exemptions during the construction of industial, commercial or retail developments.
Property Owner Position: For
Email to Committee: 
Subject: HB316 
Analysis Stated in Bill: 
Talking Points:
The bill is clearly to encourage development of real estate that would
increase the municipalities tax base in the future, as well as provide jobs.
=====================
HB615, Reduce BPT and BET
02/07/2017 at 01:00 PM    LOB Room 202
Title: Title: reducing the rates of the business profits tax and the business enterprise tax
Summary: The bill would reduce the rate of the business profits tax from 7.5 to 6% 
over three years.  It would change the business enterprise tax from .5% to .4% over the same three years
Property Owner Position: For
Email to Committee: 
Subject: HB615 
Analysis Stated in Bill: 
Talking Points:
Methodology  shows an overall decrease in funding to the state. Lowering the tax could help the economy by encouraging businesses to come into the state.
The bill does not replace revenue and we don’t know what that means for impact on state programs.
=====================
HB637, Exempt BET if no BPT
02/07/2017 at 02:00 PM    LOB Room 202
Title: Title: relative to the threshold for filing a business enterprise tax return.
Summary: This bill would eliminate the requirement of having to file a Business 
Enterprise tax return if the business does not have to file a Business Profits tax return. Generally, the business has to have gross receipt of over $200,000 or a business value base of over $100,000 before the business has to file a return
Property Owner Position: For
Email to Committee: 
Subject: HB637 
Analysis Stated in Bill: 
Talking Points:
The bill helps the small businesses who most likely would save on either time or the cost of an accountant in preparing returns that may not be needed.  The fiscal note indicates the cost to the state treasury would be around 2 million. At the same time, however, it would reduce some labor costs the state incurs in processing those returns.
This would positively affect many property owners who file BET based on gross receipts, but do not file BPT because of the safe harbor or compensation allowed for BPT.  This would favor smaller property owners over larger ones.
=====================
HB581, Business Profits Tax Credit for Media Companies.
02/07/2017 at 02:30 PM    LOB Room 202
Title: Title: establishing a credit against business profits taxes for media production expenditures in New Hampshire.
Summary: Tax credits for production companies doing business in the state.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB581 
Analysis Stated in Bill: 
Talking Points:
Doesn't seem to affect property owners so we have not analyzed this bill.  We have included it only because there are so many bills affecting taxes this year.
=====================
HB539, Distribution Of Meals And Rooms Tax Occupancy Revenues
02/08/2017 at 10:30 AM    LOB Room 202
Title: Title: relative to the distribution of occupancy revenues under the meals and rooms tax to towns and cities.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB539 
Analysis Stated in Bill: 
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you.  If you learn more please let us know.
=====================
HB655, Local Option Sales Tax
02/08/2017 at 11:00 AM    LOB Room 202
Title: Title: establishing a local option sales tax to reduce property taxes.
Summary: This bill would establish a local sales tax on tangible personal property. 
It is a comprehensive bill setting up a new tax system in the state. The bill would allow communities to establish their own tax rate.
Property Owner Position: Against
Email to Committee: 
Subject: HB655 
Analysis Stated in Bill: 
Talking Points:
New Hampshire does not have a sales tax which has helped retailers throughout the state, and employ many people who rent or purchase residences in the state. This bill would be giving up an advantage the retailers have over competitors in abutting states.  Further, with each community setting up its own rate, it is questionable who would want to give up such an advantage to neighboring communities, and how would consumers react to not knowing what they will have to pay in sales tax if they shop in different cities or towns.
The bill would require more bureaucracy (Expensive) and back door ways to establish a statewide sales tax.
While this would seem to be a good thing for property owners, especially in towns and cities with lots of shopping options, and especially in towns and cities on the state lines, where out of state residents would start paying sales tax, would 1.5% even cover the administration costs. It would be way too easy to increase every year.
Since there is no net change in the local taxes, it would not be a net difference for that locality.
=====================
==============================================
===========================================================
Posted by at

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.

Subscribe to: Post Comments (Atom)