Monday, March 13, 2017

=Legislative Update, 2017 #11== Major amendment on the Lead bill! Contact Senators NOW. Many bills decided or have an updated status



Howdee everyone,
 
Important Updates:
SB247, Lead Law, Major decisions.
 
There has been a very favorable & large amendment to SB247 Lead Law bill approved by the Senate Health & Human Services committee.  It is explained below and is attached as well.  If you are receiving this from a source that does not forward attachments you can get the amendment at:
http://gencourt.state.nh.us/bill_status/billtext.aspx?sy=2017&txtFormat=amend&id=2017-0795S
 
The amendment is expected to be presented and voted on by the full Senate on this Thursday 3/16/17.
 
Action items now, (by Tuesday 3/14/17):
1. Review the notes on the amendment below.
2. Review Example Email/letter Format below.
3. Contact your Senator or even better the entire Senate and ask them to vote for the amended bill (amendment # 2017-0795s)

…….
To find both your Senator goto
http://www.gencourt.state.nh.us/house/members/wml.aspx
 
This can also be found by going to
& clicking “Find Your Representatives”
 
To write to all of the Senate use:
…….
 
Explaining the SB247 Lead Law amendment
 
Last week we said
“Friday 3/3/17 morning we had the meeting with Senators Jeb Bradley and Dan Feltes plus many stake holders including many landlords.  The meeting was very long but worthwhile ending in a good out come.  We are monitoring these changes to make sure the agreement ends up in actual bill amended language.  Stay tuned.”
 
The language did turn out to capture the agreement for this amendment.
 
One major concept that was adopted is a confirmation of the need for more money to landlords to help with remediation.  This resulted in a creative legislative idea such that increased regulations that add significant cost to landlords would be tied to the money and accomplish our stand for “No Money, No Bill”.  Specifically, if the money is not approved then neither are the increased regulations.  There will even be a clause that says those provisions that are tied to the money will sunset (not be active) if the money is not reapproved.
 
Lastly, stake holders including landlords will have voice in the rule making process to define how the money is administrated.
 
An agreement was also made that both sides would support these changes and both sides would not attempt to “bring something back” as the bill goes through the remaining legislative process.
 
Here are the changes:
Listed by Original Bill Sections                
1 State running RRP     Removed.
 
2 Move action level from 10 to 5ug/dl                 Removed. However, Senator Bradley asked the Lead Commission to give a recommendation for this section by end of 2017.  In the meantime, there will be more reporting of data required from DHHS to help us more accurately forecast the financial effect of lowering the action level.
 
Also we get something for which we have been asking a long time: Landlords and parents would get notification (just notification, not abatement) at 3 ug/dl and above.
 
3 Universal Testing   Stays in bill and is tied to future funding.
4 Testing before entering school  Stays in bill and is tied to future funding.
 
5 Phased approach 10ug/dl Removed.
 
6 (Existing) Lead Poisoned Fund Removed.
 
7, 8, 28  (New) $3Million Remediation Fund  Stays in bill with some amendments including profit and non-profit can use money.
Increase what fund will pay from 50% to 75% labor & material and provide for a loan loss reserve function to help provide for financing.  Up to 100% allowed in hardship cases.  Money can be used by proactive landlords and properties under order.
 
9  EMP Essential Maintenance Practices   Removed.
10, 11 EMP Child Day Care licensing  Stays but EMP part removed.
 
12 – 17 Insurance must cover lead testing   Stays not linked to money
 
18 Sales disclosure   Stays not linked to money.
 
19 – 20 Test drinking water in schools   Stays not linked to money.
 
21, 22, 23, 25, 26, 27 landlord tenant requirements & remedies.  Removed for now, commission to work on it and bring back if desired.
 
24  Test apartment drinking water   Stays but water testing only required if child tests positive for lead and then DHHS shall test water. If water test result is high then landlord may install filter on one kitchen faucet for drinking water as total remediation. Remediation fund can pay for filter and replacement cartridges.
 
Bldg permit/RRP information Removed for now. Commission can put in next time.
 
This was a very major change in our favor and we need to now support the amended bill.
 
Please also remember that the Lead Commission has two more years to continue studying and making recommendations for future legislation.
 
Would you like to be involved in a more active role during year 2 and 3 of the commission to help shape the future of lead paint law in NH?
 
Please contact me. We could use your help to review new changes as they are worked on by the Lead Commission.
 
We are following another two bills.  See Full detail below if you are interested.
HB574, Increase CDFA Contribution Limit     
Title: increasing the limit on contributions to the community development finance authority for which an investment tax credit may be taken.
Property Owner Position: You decide
General Status: HOUSE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
 
SB94, Bonding $25 Million to finance affordable housing     
Title: making a capital appropriation for affordable housing.
Property Owner Position: You decide
General Status: SENATE
House Status: none
Senate Status: LAID ON TABLE
 
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).
 
 
Many of the bills have an updated status
See Bills Updated Status summary below
In particular not the status bills where we have a position For or Against that bill.
 
 
Hearings this week:
03/15/2017 at 09:15 AM    LOB Room 102
HB117, Tax exemption to assist elderly or disability
Level of Response: Call, Email Legislators
Property Owner Position: For
 
03/15/2017 at 09:15 AM    SH Room 100
SB185, Tax Relief Coastal Property
Level of Response: You Decide
Property Owner Position: You Decide
 
03/15/2017 at 09:45 AM    SH Room 100
HB489, Commission To Study The Tax Structure Of The State
Level of Response: You Decide
Property Owner Position: You Decide
 
03/15/2017 at 01:30 PM    LOB Room 304
SB229, Eminent Domain Pipelines
Level of Response: Call, Email Legislators
Property Owner Position: For

 
Hearings next week:
03/22/2017 at 01:30 PM    LOB Room 204
SB69, Requiring Sex Offenders To Register On-Line Identifiers
Level of Response: Call, Email Legislators
Property Owner Position: For
 
 
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
==============================================
=======
Example Email/Letter Format
1st priority write to your Senator for the town where you live.
 
Start subject line of your email with 
“(from ‘yourtown’ resident) vote to pass SB247 Lead Law as amended by amendment # 2017-0795s”
 
In the body of the email identify yourself.  At the very beginning urge them how to vote.  Then if you like and have time go into more details about your position on the bill.
(You can simply say that the amendment was arrived at by a meeting with Senate Health & Human Services committee and the stake holders involved including landlords and represents a much more balanced approach than the original bill.  In addition, the amendment calls for more monitoring & reporting by DHHS that will allow us to more intelligently map the impact of future legislative proposals.)
 
It is also way better to call them directly.
 
 
2nd priority write to your Senator where you own property,
Start subject line of your email with “(from ‘yourtown’ property owner) vote to pass SB247 Lead Law as amended by amendment # 2017-0795s”
 
Same information in the body of the email.
 
It is also way better to call them directly.
 
3rd priority
Write to entire Senate same as above.
=======
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.
 
HB279, Smoking on private & commercial property      
Title: relative to smoking on private property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: LAID ON TABLE
Senate Status: none
 
HB292, Jury Trial For The Execution Of A Tax Lien    
Title: relative to a jury trial for the execution of a tax lien.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
HB181, Maintenance Of Private Roads Abutting Residential Properties      
Title: relative to the maintenance of private roads abutting residential properties.
Property Owner Position: For, if modified.
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
HB85, Allow Replacement of AFCI     
Title: (New Title) relative to installation requirements for arc-fault circuit interrupters.
Property Owner Position: For
General Status: HOUSE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
 
HB138, Protection to Debtor in Small Claims     
Title: relative to persons held in civil contempt.
Property Owner Position: Against
General Status: HOUSE
House Status: LAID ON TABLE
Senate Status: none
 
HB305, Tenant Notice     
Title: clarifying lessee liability for month-to-month leases.
Property Owner Position: For
General Status: HOUSE
House Status: PASSED/ADOPTED
Senate Status: none
 
HB434, Increase eviction small claims to $3000    
Title: relative to damages in landlord-tenant actions.
Property Owner Position: Against
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
HB415, Establish an Income Tax, Reduce or Eliminate Other Taxes     
Title: reducing business taxes, repealing certain taxes, establishing an income tax, and requiring payment by the state of a portion of retirement system contributions of political subdivision employers.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
SB74, Economic Revitalization Zone Tax Credits    
Title: relative to economic revitalization zone tax credits.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
 
HB501, Access To Minutes Of Meetings Of Condominium Unit Owner's Associations     
Title: relative to access to minutes of meetings of condominium unit owner's associations.
Property Owner Position: For
General Status: HOUSE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
 
HB502, Condo Financial Information Available To Unit Owners     
Title: relative to the availability of condominium financial information to unit owners.
Property Owner Position: For
General Status: HOUSE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
 
HB385, Requires Foreclosure Notice Certified Mail Receipt Requested     
Title: relative to notice for foreclosures.
Property Owner Position: For
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
SB75, Tax Credit for Donations to Career and Tech Education Centers.     
Title: establishing a tax credit against business profits taxes for donations to career and technical education centers.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REREFERRED
 
SB80, Veterans Tax Credits     
Title: (New Title) relative to implementation of the all veterans' tax credit, and relative to applications for recovery from the FRM victims' contribution recovery fund.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: PASSED/ADOPTED WITH AMENDMENT
 
SB76, Option To Rebate The Research And Development Tax Credit Against Business Profits Tax     
Title: establishing an option to rebate the research and development tax credit against business profits taxes, and making an appropriation therefor.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: REREFERRED
 
HB534, Reporting Of Meals And Rooms Tax Revenue By The Department Of Revenue     
Title: relative to reporting of meals and rooms tax revenue by the department of revenue administration.
Property Owner Position: You Decide
General Status: HOUSE
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
HB215, Marijuana Study Commission     
Title: establishing a commission to study the legalization, regulation, and taxation of marijuana.
Property Owner Position: For
General Status: HOUSE
House Status: PASSED/ADOPTED
Senate Status: none
 
HB614, Forfeiture Of Personal Property     
Title: relative to forfeiture of personal property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: PASSED/ADOPTED
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: INEXPEDIENT TO LEGISLATE
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: LAID ON TABLE
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: INEXPEDIENT TO LEGISLATE
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: PASSED/ADOPTED
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: LAID ON TABLE
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: INEXPEDIENT TO LEGISLATE
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: INEXPEDIENT TO LEGISLATE
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: INEXPEDIENT TO LEGISLATE
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: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
SB53, Regulation of Appraisers     
Title: relative to regulation of appraisal management companies by the real estate appraiser board.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: PASSED/ADOPTED WITH AMENDMENT
 
SB247, Lead Law     
Title: preventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
Property Owner Position: Against
General Status: SENATE
House Status: none
Senate Status: REPORT FILED: 
 
HB478, Gender Identity Discrimination     
Title: prohibiting discrimination based on gender identity.
Property Owner Position: You Decide
General Status: HOUSE
House Status: LAID ON TABLE
Senate Status: none
 
SB208, Property Tax Refund For Childcare     
Title: establishing a working families property tax refund program.
Property Owner Position: Against
General Status: SENATE
House Status: none
Senate Status: REPORT FILED: 
 
SB1, Reduce BPT     
Title: reducing the rate of the business profits tax.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REPORT FILED: 
 
SB94, Bonding $25 Million to finance affordable housing     
Title: making a capital appropriation for affordable housing.
Property Owner Position: You decide
General Status: SENATE
House Status: none
Senate Status: LAID ON TABLE
 
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: INEXPEDIENT TO LEGISLATE
Senate Status: none
 
HB574, Increase CDFA Contribution Limit     
Title: increasing the limit on contributions to the community development finance authority for which an investment tax credit may be taken.
Property Owner Position: You decide
General Status: HOUSE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: none
 
HB654, Regulation and Rooms & Meals tax for short term rentals     
Title: (New Title) establishing a committee to study the regulation and taxation of vacation rentals and short-term rentals.
Property Owner Position: You Decide
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: none
 
HB117, Tax exemption to assist elderly or disability     
Title: relative to the property tax exemption for improvements to assist persons with disabilities.
Property Owner Position: For
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
 
SB185, Tax Relief Coastal Property     
Title: extending the community revitalization tax relief program to coastal properties subject to storm surge, sea level rise, and extreme precipitation.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: IN COMMITTEE
 
HB489, Commission To Study The Tax Structure Of The State     
Title: (New Title) establishing a commission to study adaptation of the tax structure of the state to economic and demographic change.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
 
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: HOUSE
House Status: IN COMMITTEE
Senate Status: PASSED/ADOPTED WITH AMENDMENT
 
SB69, Requiring Sex Offenders To Register On-Line Identifiers     
Title: requiring registered sex offenders to report online identifiers.
Property Owner Position: For
General Status: HOUSE
House Status: IN COMMITTEE
Senate Status: PASSED/ADOPTED WITH AMENDMENT
==============================================
Full details on all bills above:
HB279, Smoking on private & commercial property 
01/11/2017 at 01:15 PM    LOB Room 302
Title: Title: relative to smoking on private property.
 
Summary: This bill would amend the indoor smoking act by allowing smoking in privately owned vehicles, whether or not used for private purposes, 
allowing for banning smoking in privately owned premises where the person in charge has banned smoking.
 
The bill would also delete the blanket ban on smoking in grocery stores, cocktail lounges and restaurants. Seemingly, it would leave it up to the person in charge to decide if any of these privately owned facilities would ban smoking.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB279 
 
Analysis Stated in Bill: 
 
Talking Points:
You decide on this one.
=====================
HB292, Jury Trial For The Execution Of A Tax Lien
01/17/2017 at 10:30 AM    LOB Room 208
Title: Title: relative to a jury trial for the execution of a tax lien.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB292 
 
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.
=====================
HB181, Maintenance Of Private Roads Abutting Residential Properties 
01/17/2017 at 01:00 PM    LOB Room 201
Title: Title: relative to the maintenance of private roads abutting residential properties.
 
Summary: The bill requires the owner of property that abuts a private road that is used as access to that property to maintain the road, including repairs and snow removal. The bill also allocates the responsibility of maintenance of the road, if there is more than one property abutting the road, and enforcement procedures if the property owner does not properly maintain the road.
 
Property Owner Position: For, if modified.
 
 
Email to Committee: 
Subject: HB181 
 
Analysis Stated in Bill: 
 
Talking Points:
Common sense bill for those in lake front communities and the like. Many times only a few owners take responsibility for road maintenance while the rest use for free. 
On the other hand there is no provision in the bill to address situations where perhaps some one owns a "3 season camp" that they do not use at all in the winter.  Should that owner all of a sudden be forced to pay for road work and snow removal when the property is not used all winter long.
Perhaps there should be some kind of proration based on months occupied and/or in proportion to the benefit received by each such property.
Should there be an exemption for the case of one property owner and a private road.
=====================
HB85, Allow Replacement of AFCI
01/18/2017 at 11:15 AM    LOB Room 306
Title: Title: (New Title) relative to installation requirements for arc-fault circuit interrupters.
 
Summary: The bill would allow "after repeated tripping of an AFCI device and
determination the branch circuit is not causing the AFCI to trip, that an AFCI device may be replaced with one without AFCI protection". However, the change has to be reported to the residents of the affected housing unit.
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB85 
 
Analysis Stated in Bill: 
 
Talking Points:
Seems to be a common sense solution to a very specific problem.  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.
=====================
HB138, Protection to Debtor in Small Claims
01/18/2017 at 02:00 PM    LOB Room 208
Title: Title: relative to persons held in civil contempt.
 
Summary: Here is the entire bill "Notwithstanding any other provision of law, no court may incarcerate any citizen of this state and the United States for civil contempt without there first being a finding of fact that the person has the liquid assets to satisfy the contempt without borrowing money or incurring financial penalties to access financial instruments.  In addition, no person shall be required to sell a principal residence or sole motor vehicle to satisfy a finding of civil contempt."
 
Property Owner Position: Against
 
 
Email to Committee: 
Subject: HB138 
 
Analysis Stated in Bill: 
 
Talking Points:
The trouble here is that the bill would make small claims much less effective if people can not be arrested for not paying their court ordered debt.  I have personally witnessed court hearings where people all of a sudden came up with money when they were faced with being taken away to jail.
 
In New Hampshire certain assets of a debtor are exempt from attachment or execution.  In regard to a home occupied and owned by a debtor, a debtor has a homestead exemption under RSA 480.  The amount of the exemption is $120,000 per person.  A married couple has a $240,000 combined homestead exemption. This amount is the person’s equity in the building, which includes owner occupied mobile homes used as dwellings. Although the homestead exemption exists, it does not protect a debtor from having the house sold by execution under RSA 529:25(a). If the debtor or his or her spouse properly makes a homestead claim, the proceeds of the sale of the house at execution goes to the debtor up to the amount of the exemption.  Claims have to be made within one year of the sale of the property.
 
              The debtor also has the same one year to redeem the home by paying the purchase price, reasonable costs of ownership such as insurance, taxes, and interest. RSA 529:26.
 
              New Hampshire debtors also have exemptions for personal property. Under 511:2(XVI),  $4,000 of debtor’s equity in an automobile is exempt from attachment and execution.  This is the fair market value of the automobile less the outstanding car loan. For a number of reasons, cars are difficult to attach and sell to satisfy a judgement.  A few of the reasons are: most people do not have $4,000 of equity in their cars.  Either the value of the car is less than that amount, or the difference between the value of the car and the outstanding balance of the loan is less than the $4,000; clearing title to a car sold pursuant to an execution is difficult; and sheriffs are reluctant go out and take possession of a car as it is mobile.
 
This leads to another troubling part of the bill which is that with the protection this bill offers a person who has their money tied up in a home (<$120,000 equity if single, <$240,000 if married) and a car could boldy disregard paying their debts because the protection of this bill would mean they would not loose their car or home and they can not be put in jail so they effectively could not be forced to pay.
=====================
HB305, Tenant Notice
01/19/2017 at 02:00 PM    LOB Room 208
Title: Title: clarifying lessee liability for month-to-month leases.
 
Summary: Clarifies existing law regarding tenant notice and liability for month-to-month leases .
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB305 
 
Analysis Stated in Bill: 
 
Talking Points:
Simple clarification of what is present law and standard practice for many.  It is related to a Supreme Court decision from 1935 (Duhaime).
The court found that tenants who pay by the month cannot pro rate rent on their own. They must pay a monthly rent as it becomes due during the 30 day period of the move out notice if the notice move out date does not coincide with the end of the payment period. The purpose of the bill is to make it clear to tenants exactly what their responsibility is. The way it’s written now is very vague. 
 
For many landlords, especially ones that only have monthly rentals, when a tenant gives their notice to terminate lease in the middle of a monthly period, and they only make a partial last payment, that can easily cause the landlord to loose the remainder of the rent for the remaining partial monthly period. 
 
For example, if the rent is monthly due on the first and tenant gives 30 day notice on March 15 ending April 14 that easily leaves April 15 - April 30unpaid because for monthly rentals it can be hard to find someone to move in at the middle of the month.  This caused those landlords to loose a significant amount for every notice not received on the first.
 
Note, the tenant can cure this problem by giving the notice on or slightly before the beginning of the rental period.  Why should the landlord pay because the tenant is not disciplined about giving proper notice?
 
Also, nothing in present law or this bill prevents a landlord and tenant from agreeing to prorate the final rent.
 
Fo David Cline: is their 
=====================
HB434, Increase eviction small claims to $3000
01/24/2017 at 10:00 AM    LOB Room 208
Title: Title: relative to damages in landlord-tenant actions.
 
Summary: This bill would increase the amount of damages a landlord could seek in an eviction action to $3,000 or 3 times the monthly rent, whichever is  lower and allow for  subsequent claims for additional amounts.  The tenants would still have the right to counterclaim for any  amount of damages. However, in any action where either the claim or  the counter claim exceeds $1,500, either party can request a jury trial, and the action would be moved to Superior Court.
 
Property Owner Position: Against
 
 
Email to Committee: 
Subject: HB434 
 
Analysis Stated in Bill: 
 
Talking Points:
In 2016 a very similar bill, HB1196, sought to allow landlords to ask for a judgment of up to $5,000 in an eviction action.   This year, HB434, increases the amount to $3000.  Although on first glance it may seem like a good idea we have large concerns.
 
On a technical point the bill should address Circuit court not District court.
 
If a landlord seeks damages in excess of $1,500 and a tenant could request a jury trial. Also, the tenant could counter claim for more than $1500 and could request a jury trial. The eviction action would then be moved to Superior Court, which always hears criminal cases first, and can languish there for months.  Therefore, the eviction is severely delayed and more expensive to process.  There is also no provision for the tenant to pay rent pending a jury trial.  As well it could be the case that the Superior court would only hear the damages claim and then remand (send back) the possessory action to Circuit (District) Court causing even more delays.
 
When a damages issue is claimed by the landlord, a counter claim must be decided either before or simultaneously with the eviction action.  If the award of the tenant’s counterclaim is greater than the award of the landlord’s claim, the eviction is denied and the landlord is ordered to pay the tenant and still have the tenant in his or her building.  
 
The bill does not have any limit nor does current law, on the amount a tenant can claim against the landlord in a counterclaim in the eviction action. (The upper limit of the amount claimed in a counterclaim most likely will be the maximum amount allowed in civil suits in Circuit Courts).
 
All legal attorney presentations that we have attended all say, that for the above reasons, it is better to not seek damages in an eviction case.  The non-legalese recommendation is to "not check the box" (on the LT-Writ) and file small claims as a separate case.  This is because if the landlord does not ask for a monetary judgment, the tenant cannot file a counterclaim.
 
Toward the end of the bill, the statement "District courts also shall have original and exclusive jurisdiction over landlord-tenant cases under RSA 540 in which the damages claimed do not exceed $3,000, provided that nothing shall preclude a party from requesting a jury trial as provided in RSA 502-A:15 in those cases in which the damages claimed exceed $1,500." is troublesome because Circuit (District) court does not do jury trials.  Jury trials are held in Superior court.  So "original and exclusive" is not possible.
 
A major part of the issue is not with the RSAs but rather with the NH Constitution.  Article 20 of the NH Constitution which provides that the parties have a right to a jury trial if the amount exceeds $1500.  A constitional amendment is needed to raise the limit.  Note that in 1960 the amount was raised from $100 to $500, in 1988 the amount was raised from $500 to $1,500. 
 
While the intent is good, we feel this bill could be somewhat of a trap to unwary landlords because it would lead them to "check the box" and invite a large set of delays and expense on to the landlord.
 
It is a better practice to run a small claims action separate from the eviciton action.
=====================
SB74, Economic Revitalization Zone Tax Credits
01/25/2017 at 09:20 AM    SH Room 100
Title: Title: relative to economic revitalization zone tax credits.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: SB74 
 
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.
=====================
HB501, Access To Minutes Of Meetings Of Condominium Unit Owner's Associations
01/31/2017 at 10:15 AM    LOB Room 302
Title: Title: relative to access to minutes of meetings of condominium unit owner's associations.
 
Summary: The bill would require all condo associations to take minutes of all meeting held, and make the minutes available within 15 days to any condo owner
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB501 
 
Analysis Stated in Bill: 
 
Talking Points:
There is no reason why condo owners should not have access to meeting minutes, especially since his or her finances and investment are directly affected by the actions of the condo associations.  This provide transparency and  helps owners know what went on without attending the meetings.
 
Unfortunately there is no enforcement mechanism if the law is not followed. The condo association could ignore any request.
=====================
HB502, Condo Financial Information Available To Unit Owners
01/31/2017 at 10:45 AM    LOB Room 302
Title: Title: relative to the availability of condominium financial information to unit owners.
 
Summary: Financial Information shall be provided within 15 days of request and 30 days prior to annual meeting.  Unit owners shall have access to P&L salaries etc.
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB502 
 
Analysis Stated in Bill: 
 
Talking Points:
This provides more transparency.  There is no reason why condo owners should be prevented from access to the financial information of the condo association.  After all, some of the funds come from that owner, and how the funds are spent affects that owner.
 
Unfortunately there is no enforcement mechanism if the law is not followed. The condo association could ignore any request.
=====================
HB385, Requires Foreclosure Notice Certified Mail Receipt Requested
01/31/2017 at 01:15 PM    LOB Room 302
Title: Title: relative to notice for foreclosures.
 
Summary: This bill would require that a mortgagee send notice of foreclosure to the mortgagor registered or certified mail return receipt required.
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB385 
 
Analysis Stated in Bill: 
 
Talking Points:
The idea is to make sure that the mortgagor has actual knowledge, as much as it possible, of the foreclosure proceedings.  This would provide the mortgagee at least the opportunity to try to avoid the foreclosure. 
=====================
SB75, Tax Credit for Donations to Career and Tech Education Centers.
02/01/2017 at 09:00 AM    SH Room 100
Title: Title: establishing a tax credit against business profits taxes for donations to career and technical education centers.
 
Summary: Career and Technical education centers, under this bill, may accept donations of tangible personal property and up to 50% of apprenticeship and training programs for students in the program. Donors shall be allowed a credit against the business profits tax, but not more than 25% tax due from that donor.
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: SB75 
 
Analysis Stated in Bill: 
 
Talking Points:
The bill gives businesses a direct way to help pay for the training of employees in career and technical education centers. Donations can include payment of salary for the employee. It could promote the education of the New Hampshire workforce in specific areas.
=====================
SB80, Veterans Tax Credits
02/01/2017 at 09:00 AM    LOB Room 102
Title: Title: (New Title) relative to implementation of the all veterans' tax credit, and relative to applications for recovery from the FRM victims' contribution recovery fund.
 
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
=====================
SB76, Option To Rebate The Research And Development Tax Credit Against Business Profits Tax
02/01/2017 at 09:20 AM    SH Room 100
Title: Title: establishing an option to rebate the research and development tax credit against business profits taxes, and making an appropriation therefor.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: SB76 
 
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.
=====================
HB534, Reporting Of Meals And Rooms Tax Revenue By The Department Of Revenue
02/01/2017 at 09:30 AM    LOB Room 202
Title: Title: relative to reporting of meals and rooms tax revenue by the department of revenue administration.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB534 
 
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.
=====================
HB215, Marijuana Study Commission
02/01/2017 at 10:00 AM    LOB Room 202
Title: Title: establishing a commission to study the legalization, regulation, and taxation of marijuana.
 
Summary: Establish a commission to study the impact of legalization, regulation and taxation of marijuana without input from residential or commercial landlords.
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB215 
 
Analysis Stated in Bill: 
 
Talking Points:
Again many mixed thoughts on the analysis team which are included below.
 
It is inevitable marijuana will eventually become legal due to the way surrounding states treat this issue. 
People already smoke it, its legal in ME and MA, why not develop some new tax revenue?
 
This is a gate way drug that we should not legalize. Make it a fine to be in possession of so much of it, de-criminalize it.
 
There are way too many people incarcerated for small marijuana related offenses 
 
The only issue to landlords is the nuisance factor.  Odor will go to other apartments. We need something to allow landlords to react to complaints.  Could lead to new “sin tax” which could lower property tax.
 
Most of us are a least FOR studying the issue because it is obvious that it won’t go away so we might as well study it and hopefully come up with a reasonable plan for addressing it in NH and learning from other states that have gone before us.
 
We would like opportunity for landlord input on the commission.
=====================
HB614, Forfeiture Of Personal Property
02/01/2017 at 01:30 PM    LOB Room 208
Title: Title: relative to forfeiture of personal property.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB614 
 
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)
=====================
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
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee: 
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB655 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0655.html
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.
=====================
SB53, Regulation of Appraisers
02/15/2017 at 09:00 AM    LOB Room 101
Title: Title: relative to regulation of appraisal management companies by the real estate appraiser board.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: 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; Jeff.Woodburn@leg.state.nh.us; sam.cataldo@leg.state.nh.us; donna.soucy@leg.state.nh.us; john.reagan111@gmail.com; ; 
Subject: SB53 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0053.html
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.
=====================
HB478, Gender Identity Discrimination
02/21/2017 at 01:15 PM    LOB Room 305-307
Title: Title: prohibiting discrimination based on gender identity.
 
Summary: This bill would make gender identity a protected class, not subject to discrimination. Gender identity is defined in the bill as: "a person's gender-related identity, appearance or behavior,whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth"  The prohibitions in the bill would apply to housing!
 
Property Owner Position: You Decide
 
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: HB478 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0478.html
Analysis Stated in Bill: 
 
Talking Points:
Is there sufficient discrimination occuring against people with gender identity to warrant the passage of the bill? How often is the discrimination occuring? Further, this open up another basis for tenants to make claims against us as landlords, or if they have been denied an apartment.
Most feel it is of no concern to landlords.
=====================
SB208, Property Tax Refund For Childcare
02/22/2017 at 09:00 AM    SH Room 100
Title: Title: establishing a working families property tax refund program.
 
Summary: The legislative services analysis of the bill is an accurate summary of the 
bill.  It states (Via copy and paste)This bill establishes a working families property tax refund program for a portion of state
education property taxes paid by taxpayers who claimed the federal child and dependent care tax credit pursuant to Internal Revenue Code Section 21. The refunds are paid from the education trust fund.
 
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: SB208 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0208.html
Analysis Stated in Bill: 
 
Talking Points:
The bill only applies to people who own a home and are eligible for federal and dependant care tax credit. It would reduce their property taxes, which means the expendure have to be offset somewhere else.  This would be by either reducing money paid to schools from the education trust fund (already tight) or increasing taxes for everyone else. Further, it does not provide any help to people who rent or live with relatives who also receive the federal credit. With rents partially paying the taxes that go into the education fund, renters would be disproportionally taxed. Appears to create a new bureaucracy.  
=====================
SB1, Reduce BPT
02/22/2017 at 09:35 AM    SH Room 100
Title: Title: reducing the rate of the business profits tax.
 
Summary: This bill is similar to other bills we have reviewed this year. It would gradually reduce the Business Profits Tax rate over the next four years
 
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: dboutin1465@comcast.net; 0; chuck.morse@leg.state.nh.us; andy.sanborn@leg.state.nh.us; dalas@leg.state.nh.us; ; 
Subject: SB1 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0001.html
Analysis Stated in Bill: 
 
Talking Points:
We all want our taxes reduced, and it would make New Hampshire more attractive to businesses contemplating moving here.  Also  consider that this does not replace revenue.  What does that mean in impact for other state programs?
=====================
SB94, Bonding $25 Million to finance affordable housing
02/22/2017 at 03:00 PM    SH Room 100
Title: Title: making a capital appropriation for affordable housing.
 
Summary: The bill would bond $25,000,000 to be deposited into the affordable
housing fund established by RSA 204-C: 56 to 62 adminstered by the NH Housing Finance Authority. The fund can use the money to facilitate the purchase and rehabilitation or the construction of low and moderate housing. Grants are permitted also. Affordable housing cannot cost tenants in rent and utilities more than 30% of a persons low or moderate income.
 
Property Owner Position: You decide
 
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S02http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S02
 
Email to Committee: 
To: dboutin1465@comcast.net; gldaniels@myfairpoint.net; jeanie.forrester@leg.state.nh.us; dalas@leg.state.nh.us; molly.kelly@leg.state.nh.us; ; ; 
Subject: SB94 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0094.html
Analysis Stated in Bill: 
 
Talking Points:
 
The bill would bond $25,000,000 to be deposited into the affordable housing fund established by RSA 204-C: 56 to 62 administered by the NH Housing Finance Authority. The fund can use the money to facilitate the purchase and rehabilitation or the construction of low and moderate housing. Grants are permitted also. Affordable housing cannot cost tenants in rent and utilities more than 30% of a persons low or moderate income.
 
This bill will pull funds from many sources, even though it is bonded. One of these sources will be lead paint remediation funds.
Note only $13M total has been appropriated since the 1980s.
 
Does it makes sense to jump to such a high number at this point in time.  Shouldn’t we consider a more graduated approach instead of instantly jumping to $25 Million?
 
If you want affordable, housing change zoning laws so you build 5-10 small houses on a 1 acre lot.
With construction cost running at $150.00 or so per square foot, private industry cannot build low and moderate income housing. The only way such housing can be built, or rehabilitated is with government assistance. This would help increase the stock of "affordable housing" which is needed for many people who are generally paid on an hourly basis, or are receiving government assistance. Some of the funds could be available to remove lead from buildings as part of rehabilitating a building. There are requirements to receive funds, either by grant or loan. Also, the enabling statute does give the NH Housing Finance Authority discretion over the disbursement of the funds. One of our concerns is that it will take a sophisticated investor/developer to obtain the funds, and it takes away from the small investors being able to obtain funds to remove lead.  Also, all taxpayers in the state will have to fund the interest and principal payments on the bonds.
 
On a different perspective, this is a very good thing for property owners involved in affordable housing development.  For those not involved, it means new competition.  For the state of NH, it would seem to be an overall good thing as in certain areas of the state, there is a lack of quality affordable housing and this is not good as business look to grow. 
=====================
HB567, Repealing The Exemption For Water And Air Pollution Control Facilities From Local Property Taxation
02/28/2017 at 10:00 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
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee: 
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB567 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0567.html
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.
=====================
HB574, Increase CDFA Contribution Limit
02/28/2017 at 10:00 AM    LOB Room 202
Title: Title: increasing the limit on contributions to the community development finance authority for which an investment tax credit may be taken.
 
Summary: Doubles the contribution limit for the CDFA tax credit from $5M to $10M.  This would decrease state revenue by 75% of the additional $5M.
 
Property Owner Position: You decide
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
 
Email to Committee: 
To: HouseWays&MeansCommittee@leg.state.nh.us
Subject: HB574 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0574.html
Analysis Stated in Bill: 
 
Talking Points:
This bill would raise the limit on tax credits for certain state taxes from Five Million Dollars to Ten Million Dollars for contributions to the NH Community Development Authority.  (75% of the contribution can be used as a credit). The Authority distributes funds to Community Development Corporations for their operating costs, provide technical assistance, and help with projects that can reasonably be expected to help with the development or redevelopment of targeted geographic areas.
 
The increased limit only helps taxpayers with high incomes, including corporations.  It allows these taxpayers to contribute to the Community Development Authorithy instead of paying taxes into the general fund. Then appointed officials determine how the funds are distributed rather than the elected members of the NH Legislature. This could put an additional burden on the legislature to replace the funds lost due to the higher credit, which could mean an increase in our taxes. Futher, RSA 162-L is not that clear on how the funds should be used.
=====================
HB654, Regulation and Rooms & Meals tax for short term rentals
03/07/2017 at 12:00 AM    LOB Room 202
Title: Title: (New Title) establishing a committee to study the regulation and taxation of vacation rentals and short-term rentals.
 
Summary: This is a detailed bill that would first stop municipalities from prohibiting short term rentals, but would allow the short term rentals to be subject building and similar codes, and would set up a system to allow entities that handle short term rentals to pay the rooms and meals tax on behalf of the property owner.
 
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: HB654 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0654.html
Analysis Stated in Bill: 
 
Talking Points:
Note the rooms and meals tax is already a requirement to be paid under present law and this bill does not change that fact.
 
The following description is listed in the bill purpose.
“Internet platforms are enabling more Americans to earn extra income from their homes and investment properties through short-term and vacation rentals.  At the same time, American travelers and family vacationers are saving money by renting fully-furnished homes instead of hotel rooms.  The growth of this new market is encountering resistance from many governments, in the form of zoning restrictions and prohibitions that prevent homeowners from using their residences for short-term rentals.  In 2016, Arizona enacted breakthrough legislation that enables short-term rentals while increasing tax revenue and preserving limited local regulation.  The Arizona law stops local governments from prohibiting short-term rentals, while allowing local enforcement of regulations on parking and public safety.  This law also makes taxes more efficient by allowing online platforms to collect and pay taxes at the state level, relieving homeowners of the need to file individually.”
 
The bill would allow the use of rooms in a home for short term rentals, and would subject the room or other lodging to be up to housing standards.   Taxing the rooms would help level the playing field for hotels, as they have to charge the tax and are at a price disadvantage with the short term renters, as well as put more funds in the state treasury.  It also specifically allows on line platforms that handle short term room rentals to handle the rooms and meals tax which is supposed to be paid under existing law.
=====================
HB117, Tax exemption to assist elderly or disability
03/15/2017 at 09:15 AM    LOB Room 102
Title: Title: relative to the property tax exemption for improvements to assist persons with disabilities.
 
Summary: Provide, upon application, an assessment exemption for improvements for elderly (over 65), improvements can include standby generators.  The bill also makes current statute gender neutral 
 
Property Owner Position: For
 
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
 
Email to Committee: 
To: 0; dboutin1465@comcast.net; bette.lasky@leg.state.nh.us; nancy.stiles@leg.state.nh.us; molly.kelly@leg.state.nh.us; ; 
Subject: HB117 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0117.html
Analysis Stated in Bill: 
 
Talking Points:
Allows owner occupiers an offset, from assessment, for the amount of improvements for disabled or elderly .  Similar to current solar exemption.  Section II; the owner should not have to reside in the property for the exception. If a landlord makes an improvement for an elderly or disabled tenant it should also count. IV should read same year not some year.
=====================
SB185, Tax Relief Coastal Property
03/15/2017 at 09:15 AM    SH Room 100
Title: Title: extending the community revitalization tax relief program to coastal properties subject to storm surge, sea level rise, and extreme precipitation.
 
Summary: The legislative services analysis of the bill is an accurate summary of the 
bill.  It states (Via copy and paste) This bill allows municipalities to adopt a program for tax and other relief for coastal properties subject to storm surge, sea level rise, and extreme precipitation, under the community revitalization tax relief program.
 
 
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: SB185 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0185.html
Analysis Stated in Bill: 
 
Talking Points:
This is a bill where someone with more knowledge and understanding that we have should do the analysis.
=====================
HB489, Commission To Study The Tax Structure Of The State
03/15/2017 at 09:45 AM    SH Room 100
Title: Title: (New Title) establishing a commission to study adaptation of the tax structure of the state to economic and demographic change.
 
Summary: The bill would establish a commission to study the state's tax structure.
 
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: HB489 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0489.html
Analysis Stated in Bill: 
 
Talking Points:
Rather than enact an income tax, repeal interest and dividend taxes and 
the other changes proposed in the tax bills introducted this year without any actual understanding of the impact of these proposed changes, this bill would at least have a commission study how the tax structure does effect everyone in the state.  However, this bill would only consider how to reduce the burden of property taxes in the state.  The commission should also study how to keep the State competitive with other states in regard to taxes.
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SB229, Eminent Domain Pipelines
03/15/2017 at 01:30 PM    LOB Room 304
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
 
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: SB229 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0229.html
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.
 
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SB69, Requiring Sex Offenders To Register On-Line Identifiers
03/22/2017 at 01:30 PM    LOB Room 204
Title: Title: requiring registered sex offenders to report online identifiers.
 
Summary: The bill would require sex offenders to register on-line identifiers such as email address, screen names and the like.  This would include social media names.
 
Property Owner Position: For
 
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H26
 
Email to Committee: 
To: HouseCriminalJusticeandPublicSafety@leg.state.nh.us
Subject: SB69 
 
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0069.html
Analysis Stated in Bill: 
 
Talking Points:
The Department of Safety has requested this bill to help track the offenders and protect children. 
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