Sunday, April 2, 2017

Legislative Update, 2017 #14== SB247, Lead bill, passed the Senate. Many more bills have an updated status and are “crossing over"



Howdee everyone,
Important Updates:
SB247, Lead Law
The Senate voted NOT to re-refer as the Senate Finance Committee recommended.  Instead on a vote of 15 to 7 they voted to pass the amended bill.
This means the favorable version including the $3 million dollar lead remediation fund has survived.  This is very good news and a bit of a surprise to get the money to assist landlords passed.  Remember this version was extremely paired down and all tenant advocates, lead advocates and landlords said they would support the amended bill and also agreed to keep this version in place for the rest of this legislative cycle.  So we need to support it in the house.
Now we expect the amended bill, called “as amended by the Senate”, to “cross over” and work its way through the House.
This version is attached so check it out.  If you get this update directly from a source that does not forward attachments use these links.  If you would like to get the update directly please contact us.
170316 SB247 AsAmendedBySenateWithLineNumbers.pdf
170316 SB247 AsAmendedBySenateWithoutLineNumbers.pdf

Of particular note, Senator Jeb Bradley, jeb.bradley@leg.state.nh.us, has been very helpful to us moving along this amended bill to pass the Senate.  It might be good to send him a thank you.
We are continuing to monitor the bill to be on guard for any detrimental changes.  So stay tuned.
Separately, this is “crossover” time when Senate bills go to the House and House bills go to the Senate.  Many bills have just crossed over.
Action items:
None required.  Enjoy.
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 note the status of bills where we have a position For or Against that bill.
Hearings this week:
04/04/2017 at 01:00 PM    SH Room 100
HB150, Property and Casualty Insurance 
Level of Response: You decide
Property Owner Position: You decide
04/04/2017 at 01:15 PM    SH Room 100
HB305, Tenant Notice
Level of Response: Call, Email Legislators
Property Owner Position: For
04/04/2017 at 01:45 PM    SH Room 100
HB501, Access To Minutes Of Meetings Of Condominium Unit Owner's Associations
Level of Response: Call, Email Legislators
Property Owner Position: For
04/04/2017 at 02:00 PM    SH Room 100
HB502, Condo Financial Information Available To Unit Owners
Level of Response: Call, Email Legislators
Property Owner Position: For
04/05/2017 at 09:15 AM    SH Room 100
HB386, Technical Corrections To The Education Tax Credit 
Level of Response: You Decide
Property Owner Position: You Decide
04/05/2017 at 09:30 AM    SH Room 100
HB531, Increase Minimum Gross Business Income Required For BPT
Level of Response: Call, Email Legislators
Property Owner Position: For
04/05/2017 at 10:00 AM    SH Room 100
HB654, Regulation and Rooms & Meals tax for short term rentals
Level of Response: You Decide
Property Owner Position: You Decide
Hearings next week:
None scheduled so far
Further below is:
Bills Updated Status summary
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)
Love & Light,
Nick Norman
Director of Legislative Affairs
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Bills Updated Status summary:
We only list the committee reports on the most important bills affecting the real estate business.  If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line.  It’s not terribly hard to get but not straight ahead either.
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
SB168, Increase Veterans Tax Credit from $500 to $1000     
Title: relative to increasing the maximum amount of the optional veterans tax credit.
Property Owner Position: You Decide
General Status: SENATE
House Status: none
Senate Status: PASSED/ADOPTED
SB78, Tax Records Confidential     
Title: requiring audit records related to payment of business profits tax to be confidential.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: PASSED/ADOPTED
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: PASSED/ADOPTED
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: PASSED/ADOPTED
HB568, Taxability Of Lease Interests In Public Property     
Title: relative to the taxability of lease interests in public property.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
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: 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: REPORT FILED: 
Senate Status: PASSED/ADOPTED WITH AMENDMENT
HB150, Property and Casualty Insurance      
Title: relative to property and casualty insurance.
Property Owner Position: You decide
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB305, Tenant Notice     
Title: clarifying lessee liability for month-to-month leases.
Property Owner Position: For
General Status: SENATE
House Status: PASSED/ADOPTED
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: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
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: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB386, Technical Corrections To The Education Tax Credit      
Title: relative to technical corrections to the education tax credit statute.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
HB531, Increase Minimum Gross Business Income Required For BPT     
Title: increasing the minimum gross business income required for filing a business profits tax return.
Property Owner Position: For
General Status: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
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: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
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Full details on all bills above:
SB168, Increase Veterans Tax Credit from $500 to $1000
02/01/2017 at 09:30 AM    LOB Room 102
Title: Title: relative to increasing the maximum amount of the optional veterans tax credit.
Summary: The optional upper limit of the veterans tax credit would increase from 
$500 to $1,000.
Property Owner Position: You Decide
Email to Committee: 
Subject: SB168 
Analysis Stated in Bill: 
Talking Points:
The analysis team has varying opinions on this bill.
This is a bill that aids veterans and a thank you for your service from all of us.
If SB80 passes there will be more Vets applying for tax credits. Doubling the amount will unfairly increase the burden on remaining tax payers.
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SB78, Tax Records Confidential
01/25/2017 at 09:00 AM    SH Room 100
Title: Title: requiring audit records related to payment of business profits tax to be confidential.
Summary: This bill would require that all taxpayer records obtained by State 
be kept confidential.
Property Owner Position: For
Email to Committee: 
Subject: SB78 
Analysis Stated in Bill: 
Talking Points:
There is no reason why a business's tax records should be public. Please support this bill.
=====================
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.
=====================
HB568, Taxability Of Lease Interests In Public Property
03/07/2017 at 11:00 AM    LOB Room 202
Title: Title: relative to the taxability of lease interests in public property.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB568 
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.
=====================
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
Email to Committee: 
Subject: SB185 
Analysis Stated in Bill: 
Talking Points:
This is a bill where someone with more knowledge and understanding that we have should do the analysis.
=====================
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
Email to Committee: 
Subject: SB69 
Analysis Stated in Bill: 
Talking Points:
The Department of Safety has requested this bill to help track the offenders and protect children. 
=====================
HB150, Property and Casualty Insurance 
04/04/2017 at 01:00 PM    SH Room 100
Title: Title: relative to property and casualty insurance.
Summary: This is a bill that amends the statute for property and casualty insurance.  It seems to have little impact on us.
Property Owner Position: You decide
Email to Committee: 
Subject: HB150 
Analysis Stated in Bill: 
Talking Points:
We're basically just letting you know this bill is here incase you think it may impact you.  Not sure we have the knowledge to take a position on the bill.  If you learn more please let us know.
=====================
HB305, Tenant Notice
04/04/2017 at 01:15 PM    SH Room 100
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 
=====================
HB501, Access To Minutes Of Meetings Of Condominium Unit Owner's Associations
04/04/2017 at 01:45 PM    SH Room 100
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
04/04/2017 at 02:00 PM    SH Room 100
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.
=====================
HB386, Technical Corrections To The Education Tax Credit 
04/05/2017 at 09:15 AM    SH Room 100
Title: Title: relative to technical corrections to the education tax credit statute.
Summary: Seems to have little impact on landlords.
Property Owner Position: You Decide
Email to Committee: 
Subject: HB386 
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.
=====================
HB531, Increase Minimum Gross Business Income Required For BPT
04/05/2017 at 09:30 AM    SH Room 100
Title: Title: increasing the minimum gross business income required for filing a business profits tax return.
Summary: The bill would increase to $100,000 from $50,000 as the amount of gross income a business earns before the business has to file a business profits tax return.
Property Owner Position: For
Email to Committee: 
Subject: HB531 
Analysis Stated in Bill: 
Talking Points:
Currently, if a business has $50,000 of gross income, such as total rents exceed that amount, not taking into account any expenses, the business must file a business tax return.  For a small start up business, who most likely will need to retain an accountant to prepare the return, this could be a very burdensome expense. Raising the threshhold to $100,000, would give very small  businesses a better chance to succeed.
=====================
HB654, Regulation and Rooms & Meals tax for short term rentals
04/05/2017 at 10:00 AM    SH Room 100
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
Email to Committee: 
Subject: HB654 
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.
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