This week's Legislative Highlights
Legislative Hearings Scheduled from 4/10/2012 through 4/20/2012
Status on bills
Summaries of bills (victories and setbacks)
This week's Scheduled Hearings:
Full details below on all bills still active):
HB1405 04/10/2012 at 09:00 AM LOB 101
(recommend attending hearing)
Title: relative to refugee resettlement.
Property Owner Position: Support
SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Property Owner Position: No Action
SB301 04/10/2012 at 01:00 PM LOB 208
(recommend attending hearing)
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Property Owner Position: Support
SB335 04/10/2012 at 01:45 PM LOB 302
Title: establishing a procedure for certain condominiums to waive portions of the state fire code.
Property Owner Position: Support
HB1415 04/12/2012 at 09:30 AM LOB 102
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Property Owner Position: Support
SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.
Property Owner Position: No Action
Next week Scheduled Hearings
(Full details below on all bills still active):
SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Property Owner Position: No Action
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Property Owner Position: No Action
Committee Status on many bills decided & crossed over to other side; New bills reviewed in this update.
Howdee everyone,
We’ve been monitoring the legislative cycle and there are many bills with at least one side decided. Some bills have both sides decided. Since it has been a while since we sent out an update there is a lot more than normal in this email to catch you up to date.
A short list is here with much more detail below.
Please email or call the legislators to give them your input on the bills still active & ask them to vote in our favor. (contact info in the detail below).
Bills still active (see more info in Summary & Full Detail All Bills still active below):HB247, HB514, HB1405, SB342, SB301, SB335, HB1415, SB306, SB266, SB395, SB382SB222, HB1263, SB204, HB1597
Based on the results immediately below, we have 17 victories and 7 setbacks, I’m guessing the efforts of all the landlord organizations has been helpful. Thank you for any part you have done. Now let’s really step it up and avoid having any setbacks.
Victories (see more info in Victories summary below):
HB648, SB222, SB335, HB1602, HB1501, HB1252, HB1263, HB1619,
SB301(greatly reduced in scope but still a victory),
HB1405, HB1649, SB364, SB382, HB1597, HB1415, HB247, HB514
Setbacks (see more info in Setbacks summary below):
HB1565, HB1286, HB1288, HB1161, HB1634, HB1462, HB1674
Bills with both a Victory and a Setback
(see more info in Bills with both a Victory and a Setback
summary below):HB1298, HB1532
Summaries
Victories summary
Setbacks summary
Bills with both a Victory and a Setback summary.
Summary All Bills still active (please contact legislators)
Full details on all bills still active
Which includes “To” & “Subject” for email to legislators
Talking points, much more
Love & Light,
Nick Norman
RPOA Director of Legislative Affairs
==============================================
Victories summary
HB648
Title: (4th New Title) relative to eminent domain by public utilities and establishing a commission to investigate the procedural rights of the landowner when a petition is presented to the public utilities commission by a utility seeking eminent domain, develop a framework for the state to provide use rights to transmission developers on state owned rights-of-way, develop policies to encourage burying such lines where practicable, and establish a structure for payment.
Property Owner Position: Support
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB222
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Property Owner Position: Support
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT
SB335
Title: establishing a procedure for certain condominiums to waive portions of the state fire code.
Property Owner Position: Support
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1602
Title: removing the exemption for janitors from pesticide applicator licensing.
Property Owner Position: Oppose
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1501
Title: establishing a fund to upgrade wastewater treatment plants.
Property Owner Position: Oppose
House Status: INTERIM STUDY
Senate Status: none
HB1252
Title: relative to required documentation of ownership in foreclosure proceedings.
Property Owner Position: Oppose
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1263
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB1619
Title: relative to the assessment of property taxes on the value that exceeds $50,000.
Property Owner Position: Oppose
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
SB301
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Property Owner Position: Support
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1405
Title: relative to refugee resettlement.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: IN COMMITTEE
HB1649
Title: relative to collection of the education property tax and establishing a program to rebate certain excessive property tax payments of eligible taxpayers.
Property Owner Position: Oppose
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
SB364
Title: relative to tenant guest practices.
Property Owner Position: Oppose
House Status: none
Senate Status: INEXPEDIENT TO LEGISLATE
SB382
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Property Owner Position: Support
House Status: IN COMMITTEE
Senate Status: PASSED / ADOPTED WITH AMENDMENT
HB1597
Title: relative to taking by eminent domain for certain purposes.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: IN COMMITTEE
HB1415
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB247
Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Majority Report: Ought to Pass
HB514
Title: relative to entry on private land.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
==============================================
Setbacks summary
HB1565
Title: establishing a committee to study landlord-tenant law and practice.
Property Owner Position: Support
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1286
Title: relative to the installation of sprinklers.
Property Owner Position: Support
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1288
Title: relative to protection of private property from the use of eminent domain.
Property Owner Position: Support
House Status: INTERIM STUDY
Senate Status: none
HB1161
Title: establishing a committee to study permitting nonresident property owners to vote in local elections.
Property Owner Position: Support
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1634
Title: (New Title) establishing a committee to study the implementation of United Nations Agenda 21 into the state, counties, regional commissions, towns, and cities.
Property Owner Position: Support
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1462
Title: relative to the eviction process.
Property Owner Position: Support
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
HB1674
Title: reducing the interest rate on late and delinquent property tax payments, subsequent payments, and other unpaid taxes.
Property Owner Position: Support
House Status: INEXPEDIENT TO LEGISLATE
Senate Status: none
==============================================
Bills with both a Victory and a Setback summary
HB1298
Title: relative to the definition of “public use" under the eminent domain procedure act.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Majority Report: Refer to Study
HB1532
Title: relative to trespass on land which is not posted.
Property Owner Position: Oppose
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: Majority Report: Inexpedient to Legislate
==============================================
Summary All Bills still active (please contact legislators)
HB247 03/27/2012 at 09:25 AM LOB 102
Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.
Summary: This bill continues to limit any non-licensed affiliate to the same restriction of <=3 mortgage orginations in a 12 month period as sellers have under the "Safe Act".
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: represcott@represcott.com; raymond.white@leg.state.nh.us; tom.deblois@leg.state.nh.us; matthew.houde@leg.state.nh.us; andy.sanborn@leg.state.nh.us;
Subject: HB247
...
HB514 03/29/2012 at 01:00 PM LOB 101
Title: relative to entry on private land.
Summary: This bill prohibits persons from entering onto private property to gather information without the permission of the property owner except in specified situations, such as checking up on permits, gathering tax assessing information, or emergency services - fire or police.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB514
...
HB1405 04/10/2012 at 09:00 AM LOB 101
Title: relative to refugee resettlement.
Summary: allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jack.barnes@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dboutin1465@comcast.net; amanda.merrill@leg.state.nh.us; nancy.stiles@leg.state.nh.us;
Subject: HB1405 Support
...
SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB342
...
SB301 04/10/2012 at 01:00 PM LOB 208
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Summary: Landlord may amend a writ of summons, LT-Writ, for procedural or technical defect.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB301 Support
...
SB335 04/10/2012 at 01:45 PM LOB 302
Title: establishing a procedure for certain condominiums to waive portions of the state fire code.
Summary: This bill permits a high-rise apartment building held as a condominium to opt-out of state fire code requirements adopted after it was first occupied as an apartment building. The opt-out is decided by vote the majority of the unit owners.
Property Owner Position: Support
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: SB335 Support
...
HB1415 04/12/2012 at 09:30 AM LOB 102
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Summary: The bill allows for replacement of existing domestic septic systems by rule subject a number of conditions, such as there will not be an increase in the amount of sewerage going into the system, and the original system was properly permitted.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: bob.odell@leg.state.nh.us; john.gallus@leg.state.nh.us; jeb.bradley@leg.state.nh.us; gary.lambert@leg.state.nh.us; amanda.merrill@leg.state.nh.us;
Subject: HB1415
...
SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.
Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB306
...
SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.
Property Owner Position: No Action
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: SB266
...
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB395
...
SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB382
...
SB222 Time not specified RM 302 LOB
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.
Property Owner Position: Support
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: SB222 Support
...
HB1263 Time not specified LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.
The amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1263 Support
...
SB204 Time not specified RM 302 LOB
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.
Summary: Updates Commercial Code for changes in technology, legal entities, etc.
Property Owner Position: No Action
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: SB204
...
HB1597 Time not specified LOB 101
Title: relative to taking by eminent domain for certain purposes.
Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1597
==============================================
Full details on all bills (still active):
HB247 03/27/2012 at 09:25 AM LOB 102
Title: relative to seller financing of mortgages and making changes to the laws regulating mortgage bankers and brokers and debt adjustment services.
Summary: This bill continues to limit any non-licensed affiliate to the same restriction of <=3 mortgage orginations in a 12 month period as sellers have under the "Safe Act".
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: represcott@represcott.com; raymond.white@leg.state.nh.us; tom.deblois@leg.state.nh.us; matthew.houde@leg.state.nh.us; andy.sanborn@leg.state.nh.us;
Subject: HB247
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0247.html
Analysis Stated in Bill: This bill adds exemptions to the licensure law regarding mortgage bankers and brokers for persons who negotiate no more than 3 or fewer residential mortgage loans in a calendar year.
Talking Points:
As many of you know relative to the “Safe Act” a seller is limited to <=3 owner finances in a 12 month period. This bill continues to limit any non-licensed affiliate with a similar restriction including that they utilize a licensed mortgage originator.
This bill is complex and also makes changes for people doing mortgage loan modification.
If you think any of this may affect you please do more research and contact your legislators.
Since a few of our members do use private financing, I suggest we support the bill.
=====================
HB514 03/29/2012 at 01:00 PM LOB 101
Title: relative to entry on private land.
Summary: This bill prohibits persons from entering onto private property to gather information without the permission of the property owner except in specified situations, such as checking up on permits, gathering tax assessing information, or emergency services - fire or police.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB514
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB0514.html
Analysis Stated in Bill: This bill prohibits certain entry on private property for data gathering without a warrant or the written consent of the landowner.
Talking Points:
With all the concern on personal privacy these days this bill seems like a no brainer. Still somebody brought it forward so please wirte to the legislators asking them to protect peoples privacy.
=====================
HB1405 04/10/2012 at 09:00 AM LOB 101
Title: relative to refugee resettlement.
Summary: allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S27
Email to Committee:
To: jack.barnes@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; dboutin1465@comcast.net; amanda.merrill@leg.state.nh.us; nancy.stiles@leg.state.nh.us;
Subject: HB1405 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1405.html
Analysis Stated in Bill: This bill allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.
Talking Points:
The bill amends RSA 161 which is the statute establishing the Department of Health and Human Services, the Department's duties, its rule making authority, the appointment of and the duties of the Commission of the Department, the administration of the food stamp program, other duties (child welfare issues, foster homes, child support enforcement ect), and under RSA 161:2 XVIII
"XVIII. Refugee Resettlement. Administer the New Hampshire refugee resettlement program as funded by and in cooperation with the United States Department of Health and Human Services under the Refugee Act of 1980."
The bill adds three new sections to RSA 161. The first section basically defines, for the bill, absorbtive capacity, The New Hampshire Refugee Program, and the New Hampshire Refugee Coordinator.
The second section sets forth the duties of the New Hampshire Refugee Program.
The second section of Bill 1405 requires the Program to meet at least quarterly with local governments to plan settlement of refugees in advance, plan with agencies regarding settlement of refugees by letter of agreement, and at least quarterly submit to various members of the legislature copies of the letters of agreement and plans for settlement and absorption.
The third and final section of Bill 1405 requires the Program to accept applications from local governing bodies for a moratorium on new refugee settlement activities where the local governing body has determined that the community lacks sufficient absorptive capacity. This decision is made after the local government body consults with the state refugee coordinator, holds public hearing and concludes settlement of additional refugees would be adverse to existing residents.
The Program, if the application is accepted, shall suspend additional settlement activities until the state refugee coordinator and the local governing body have jointly determined that the community can absorb additional refugees. However, no moratorium or extension shall exceed one year.
The bill does not state that a community can not apply for back to back moratoriums.
Note the bill only limits government efforts in settlement of refugees in communities whose applications have been accepted. If people in the country wish to move to a community without the aid of an agency or a non-profit that is works directly with the Program, they are free to do so.
The bill does give a community the chance to say: we just can not place additional refugees this year. We need a break. And if you agree, mr or ms state government program, you will stop your efforts, for up to one year, to place additional people in our community.
Clearly, the communities that do not have the ability or as the bill calls it absorptive capacity, should have a way to stop the state from trying to place additional people in that community. We can only seat a limited number of children in a class room, each community only has limited funds to help students learn English, no community has unlimited low income housing, and all services from Police and Fire to sewer treatments have limited capacity. Clearly once these services are stretched to the limit, it will be adverse to everyone in the community, both not having the services available, and the higher tax burdens to increase the capacity of all municipal services.
Here is a link to some information regarding these refugee resettlement programs and their negative effect in the local economies.
http://american-rattlesnake.org/2012/01/the-fugees/
=====================
SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB342
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0342.html
Analysis Stated in Bill: This bill includes standards for log homes in the New Hampshire building code.
Talking Points:
Although building codes can apply to our buildings, no action is recommended on this bill as it is unlikely any of us will build an apartment building from logs.
=====================
SB301 04/10/2012 at 01:00 PM LOB 208
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Summary: Landlord may amend a writ of summons, LT-Writ, for procedural or technical defect.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB301 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0301.html
Analysis Stated in Bill: This bill:
I. Requires 7 days notice for eviction from residential property, regardless of the grounds for the eviction.
II. Allows the landlord to amend a writ of summons to correct minor procedural defects.
III. Increases the amount of damages available in landlord-tenant disputes from $1,500 to $10,000.
IV. Requires former tenants to execute a financial affidavit and provide a forwarding address if they have been found liable for damages to the landlord.
Talking Points:
This bill originally addressed 6 points in favor of the landlord. After passing through the house all but one of them was stripped out. The remaining point (original poitn 3.) is helpful however.
3. This amendment allows a landlord to amend a writ by motion, within 7 days if the landlord made an error in preparing the writ. This prevents an eviction from being dismissed if a error is corrected quickly, within 7 days, and it does not prejudice a tenant as the correction will be well before a hearing date is scheduled in the eviction process.
=====================
SB335 04/10/2012 at 01:45 PM LOB 302
Title: establishing a procedure for certain condominiums to waive portions of the state fire code.
Summary: This bill permits a high-rise apartment building held as a condominium to opt-out of state fire code requirements adopted after it was first occupied as an apartment building. The opt-out is decided by vote the majority of the unit owners.
Property Owner Position: Support
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: SB335 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0335.html
Analysis Stated in Bill: This bill permits a high-rise apartment building held as a condominium to opt-out of certain state fire code requirements adopted after it was first occupied as an apartment building.
Talking Points:
As most landlords know the state fire code and life and safety code has no “grandfathering” provisions and has caused extreme financial burden of some landlords by requiring present day code upgrades into the many thousands of dollars.
This is a very important step toward allowing “grandfathering” of existing property conditions.
=====================
HB1415 04/12/2012 at 09:30 AM LOB 102
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Summary: The bill allows for replacement of existing domestic septic systems by rule subject a number of conditions, such as there will not be an increase in the amount of sewerage going into the system, and the original system was properly permitted.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S38
Email to Committee:
To: bob.odell@leg.state.nh.us; john.gallus@leg.state.nh.us; jeb.bradley@leg.state.nh.us; gary.lambert@leg.state.nh.us; amanda.merrill@leg.state.nh.us;
Subject: HB1415
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1415.html
Analysis Stated in Bill: This bill creates a permit for the repair or replacement of certain sewage or waste disposal systems.
Talking Points:
This is a good bill allowing people to replace their household systems without having to wait through the permit process.
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SB306 04/12/2012 at 10:00 AM LOB 301
Title: relative to the commercial and industrial construction property tax exemption.
Summary: In cases of commercial & industrial construction the bill changes deadline dates for application of exemption of property tax from 3/1 before beginning of tax year to 12/31 before beginning of tax year. & moves notification of decision of assessors from 7/1 to 2/28.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB306
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0306.html
Analysis Stated in Bill: This bill makes the application procedure for the property tax exemption for commercial and industrial construction prospective, and permanently extends the authority for the exemption.
Talking Points:
The stated analysis is very accurate. The bill repeals sections which allowed a person constructing a commercial building to apply after starting construction for a tax exemption, and sets a date by which the applicant has to be notifed if he or she receives the exemption.
Although we have not read all of RSA 72, which is the chapter being amended, I believe that this bill only applies to the contruction of commerical properties. As a result, it does not directly impact us, and I recommend that we do not spend our legislative resources on this bill.
However, for those people in the commercial construction business you may want to take a look at how this affects your business.
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SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.
Property Owner Position: No Action
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: SB266
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0266.html
Analysis Stated in Bill: This bill prohibits electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.
Talking Points:
the definition of smart meters in this bill: Smart meter gateway device means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user’s residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user’s residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
It is unclear if a smart meter that only monitors electric useage for billing is covered by this definition. Further, the bill does not prohibit the utility from charging additional fees for people who request that a smart meter not be installed at their home or residence. (Central Maine Power charges additional fees each month, $20?, if a resident refuses to allow a smart meter to be installed. CMP also indicated in the information they provided that the smart meters monitor usage for billing purposes) We also checked with some of our doctors to see if they had any information about the meter being a hazard, and they said they did not have any information showing problem caused by the meter.
We just do not see major pros or cons to this bill that effect us as rental housing owners/managers, unless the meters can actually control appliances, especially heating and hot water systems, which we do not believe occurs. We feel that we should not take any action for or against this bill and concentrate on the bills that have a greater impact on the landlording business.
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SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB395
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0395.html
Analysis Stated in Bill: This bill clarifies that land in current use upon which an access road is constructed does not lose its status for current use taxation.
Talking Points:
We have not completed a detailed analysis because this bill effects only undeveloped land. If we were developers, this bill could effect us. However, as owners and operators of existing buildings, we are not effected by the bill.
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SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB382
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0382.html
Analysis Stated in Bill: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Talking Points:
The amended bill allows proration of real estate taxes on residential buildings containing no more than four units to be prorated if the building is damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
There is a cap in the bill to protect the cities and towns.
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SB222 Time not specified RM 302 LOB
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.
Property Owner Position: Support
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: SB222 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0222.html
Analysis Stated in Bill: This bill makes technical corrections in the laws relating to property and casualty insurance.
This bill is a request of the insurance department.
Talking Points:
We thought that paying insurance agent directly before cancellation date was sufficient and a standard of practice.
Seems like this should be an obvious no brainer.
Why should a property owner have their insurance canceled if they actually paid it to their agent on time?
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HB1263 Time not specified LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.
The amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1263 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1263.html
Analysis Stated in Bill: This bill repeals the requirement that landlords of restricted residential property provide service of process information to the municipality in which the property is located.
Notes: Supported by NHAR
Talking Points:
The intent of the amendment is to overrule the Supreme Court case where the court determined that a landlord could not evict a tenant just because the lease expired. The amendment also gives landlords the ability to evict tenants for rightful termination of a lease or other agreement. This may not have any effect, because to terminate a lease, the tenant must have breached a material provision. Landlords, persuant to RSA 540:2 can already evict a tenant on the grounds of a breach of a material provision of a lease. In a residential situation it is not clear if recission would be something a landlord would want to use. However, in a commercial lease, this maybe an important remedy.
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SB204 Time not specified RM 302 LOB
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.
Summary: Updates Commercial Code for changes in technology, legal entities, etc.
Property Owner Position: No Action
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: SB204
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0204.html
Analysis Stated in Bill: This bill makes changes to Article 9 of the Uniform Commercial Code, relative to secured transactions, as proposed by the National Conference of Commissioners on Uniform State Laws.
Talking Points:
Dropped from our watch list. If this affects you please continue to follow it and respond to legislators.
The bill merely adopts changes in the code proposed by the body who originally wrote the code. When the code was written, there was no internet, computers were not used as they are today, and Limited Liability Companies did not exist. The changes, without spending hours of study, deal with the changes in technology, legal entities, and doing business.
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HB1597 Time not specified LOB 101
Title: relative to taking by eminent domain for certain purposes.
Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1597
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1597.html
Analysis Stated in Bill: This bill grants an owner of real property which was subject to eminent domain whose valuation will be impacted if transmission lines are constructed because of eminent domain the right to be compensated by the owner of the transmission lines for the difference in value.
Talking Points:
There are a number of eminent domain bills this session, all seemingly related to the Northern Pass project. While we may have varying opinions on the project, we can probably all agree to protect individual property rights from being taken by a for-profit business using an eminent domain procedure to force a sell for their private profit.
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