Sunday, March 5, 2017

=Legislative Update, 2017 #10== Major update on the Lead bill! More bills decided or have an updated status.


Howdee everyone,
 
Important Updates:
SB247, Lead Law, Major decisions.
 
First a little history
Mid February an excellent lobbyist was hired to represent landlords on the lead bill.
He has been working with us “behind the scenes”.
 
At the initial public hearing Senator Jeb Bradley chair of the Senate Health & Human Services committee asked everyone testifying to work with Senator Dan Feltes (sponsor) on the bill.  Everyone said they would.  Note that doesn’t mean accept anything as is but rather to continue seeing if there are any points that could be agreed to or modified and agreed to.
 
Meanwhile many of you have continued to contact the committee as requested to show a strong landlord voice against the bill.
 
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.
 
 
Action items this week:
None:  Thank you so much for your support.
 
 
 
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:
03/07/2017 at 10:30 AM    LOB Room 202
HB386, Technical Corrections To The Education Tax Credit 
Level of Response: You Decide
Property Owner Position: You Decide
 
03/07/2017 at 11:00 AM    LOB Room 202
HB568, Taxability Of Lease Interests In Public Property
Level of Response: You Decide
Property Owner Position: You Decide
 
 
Hearings next 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
 
 
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.
 
HB279, Smoking on private & commercial property      
Title: relative to smoking on private property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED: 
Senate Status: none
 
HB168, Adopt the 2015 Life Safety Code and Uniform Fire Code      
Title: relative to the definition of the New Hampshire fire code.
Property Owner Position: You Decide
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
 
HB85, Allow Replacement of AFCI     
Title: relative to installation requirements for arc-fault circuit interrupters and relative to the state building code review board.
Property Owner Position: For
General Status: HOUSE
House Status: REPORT FILED: 
Senate Status: none
 
HB92, Update Building Code to 2015 Standards    
Title: revising the definition of the state building code and ratifying changes to the state building code adopted by the state building code review board.
Property Owner Position: You Decide
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
Senate Status: none
 
HB80, Building Code Enforcement     
Title: relative to the administration of building code enforcement.
Property Owner Position: Against
General Status: HOUSE
House Status: RETAINED IN COMMITTEE
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: REPORT FILED: 
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
 
HB614, Forfeiture Of Personal Property     
Title: relative to forfeiture of personal property.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED: 
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: REPORT FILED: 
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: REPORT FILED: 
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: REPORT FILED: 
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: REPORT FILED: 
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: REPORT FILED: 
Senate Status: none
 
HB478, Gender Identity Discrimination     
Title: prohibiting discrimination based on gender identity.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED: 
Senate Status: none
 
HB567, Repealing The Exemption For Water And Air Pollution Control Facilities From Local Property Taxation     
Title: repealing the exemption for water and air pollution control facilities from local property taxation.
Property Owner Position: You Decide
General Status: HOUSE
House Status: REPORT FILED: 
Senate Status: none
 
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: HOUSE
House Status: IN COMMITTEE
Senate Status: none
 
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: 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
==============================================
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.
=====================
HB168, Adopt the 2015 Life Safety Code and Uniform Fire Code 
01/18/2017 at 10:30 AM    LOB Room 306
Title: Title: relative to the definition of the New Hampshire fire code.
 
Summary: This is a housekeeping bill which would have the state adopt the 2015 
version of the Life Safety Code and Uniform Fire Code as the New Hampshire Fire Code. Currently the state is using the 2009 version
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB168 
 
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.
=====================
HB85, Allow Replacement of AFCI
01/18/2017 at 11:15 AM    LOB Room 306
Title: Title: relative to installation requirements for arc-fault circuit interrupters and relative to the state building code review board.
 
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.
=====================
HB92, Update Building Code to 2015 Standards
01/18/2017 at 01:00 PM    LOB Room 306
Title: Title: revising the definition of the state building code and ratifying changes to the state building code adopted by the state building code review board.
 
Summary: The bill would incorporate by reference the latest versions of various International Building Codes, and include an International Swimming Pool Code. This bill is basically a "housekeeping" bill
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB92 
 
Analysis Stated in Bill: 
 
Talking Points:
We have not studied this bill, cannot speak to the impact this will have  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.
=====================
HB80, Building Code Enforcement
01/18/2017 at 01:45 PM    LOB Room 306
Title: Title: relative to the administration of building code enforcement.
 
Summary: This technical bill would specify which building codes are to be followed by local code enforcement officers.  Regarding Energy Conservation. this bill removes some exemptions from the code requirements.  Clarify's and tightens other requirements regarding building, additions or improvements.
 
Property Owner Position: Against
 
 
Email to Committee: 
Subject: HB80 
 
Analysis Stated in Bill: 
 
Talking Points:
This bill would have to be analyzed by someone with a solid working knowledge of building codes.  Some of us feel that waiting 30 working days for PUC to respond to applications is too long. 15 days is more than reasonable.  Will make remodel jobs more costly to perform.  Doesn’t adequately recognize special circumstances in older buildings.  Always scary when state takes power from local process?
=====================
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.
=====================
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.
=====================
HB615, Reduce BPT and BET
02/07/2017 at 01:00 PM    LOB Room 202
Title: Title: reducing the rates of the business profits tax and the business enterprise tax
 
Summary: The bill would reduce the rate of the business profits tax from 7.5 to 6% 
over three years.  It would change the business enterprise tax from .5% to .4% over the same three years
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB615 
 
Analysis Stated in Bill: 
 
Talking Points:
Methodology  shows an overall decrease in funding to the state. Lowering the tax could help the economy by encouraging businesses to come into the state.
 
The bill does not replace revenue and we don’t know what that means for impact on state programs.
=====================
HB637, Exempt BET if no BPT
02/07/2017 at 02:00 PM    LOB Room 202
Title: Title: relative to the threshold for filing a business enterprise tax return.
 
Summary: This bill would eliminate the requirement of having to file a Business 
Enterprise tax return if the business does not have to file a Business Profits tax return. Generally, the business has to have gross receipt of over $200,000 or a business value base of over $100,000 before the business has to file a return
 
Property Owner Position: For
 
 
Email to Committee: 
Subject: HB637 
 
Analysis Stated in Bill: 
 
Talking Points:
The bill helps the small businesses who most likely would save on either time or the cost of an accountant in preparing returns that may not be needed.  The fiscal note indicates the cost to the state treasury would be around 2 million. At the same time, however, it would reduce some labor costs the state incurs in processing those returns.
 
This would positively affect many property owners who file BET based on gross receipts, but do not file BPT because of the safe harbor or compensation allowed for BPT.  This would favor smaller property owners over larger ones.
=====================
HB581, Business Profits Tax Credit for Media Companies.
02/07/2017 at 02:30 PM    LOB Room 202
Title: Title: establishing a credit against business profits taxes for media production expenditures in New Hampshire.
 
Summary: Tax credits for production companies doing business in the state.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB581 
 
Analysis Stated in Bill: 
 
Talking Points:
Doesn't seem to affect property owners so we have not analyzed this bill.  We have included it only because there are so many bills affecting taxes this year.
=====================
HB539, Distribution Of Meals And Rooms Tax Occupancy Revenues
02/08/2017 at 10:30 AM    LOB Room 202
Title: Title: relative to the distribution of occupancy revenues under the meals and rooms tax to towns and cities.
 
Summary: Seems to have little impact on landlords.
 
Property Owner Position: You Decide
 
 
Email to Committee: 
Subject: HB539 
 
Analysis Stated in Bill: 
 
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you.  If you learn more please let us know.
=====================
HB655, Local Option Sales Tax
02/08/2017 at 11:00 AM    LOB Room 202
Title: Title: establishing a local option sales tax to reduce property taxes.
 
Summary: This bill would establish a local sales tax on tangible personal property. 
It is a comprehensive bill setting up a new tax system in the state. The bill would allow communities to establish their own tax rate.
 
Property Owner Position: Against
 
 
Email to Committee: 
Subject: HB655 
 
Analysis Stated in Bill: 
 
Talking Points:
New Hampshire does not have a sales tax which has helped retailers throughout the state, and employ many people who rent or purchase residences in the state. This bill would be giving up an advantage the retailers have over competitors in abutting states.  Further, with each community setting up its own rate, it is questionable who would want to give up such an advantage to neighboring communities, and how would consumers react to not knowing what they will have to pay in sales tax if they shop in different cities or towns.
 
The bill would require more bureaucracy (Expensive) and back door ways to establish a statewide sales tax.
 
While this would seem to be a good thing for property owners, especially in towns and cities with lots of shopping options, and especially in towns and cities on the state lines, where out of state residents would start paying sales tax, would 1.5% even cover the administration costs. It would be way too easy to increase every year.
 
Since there is no net change in the local taxes, it would not be a net difference for that locality.
=====================
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
 
 
Email to Committee: 
Subject: HB478 
 
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.
=====================
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
 
 
Email to Committee: 
Subject: HB567 
 
Analysis Stated in Bill: 
 
Talking Points:
We have not studied this bill and are basically just letting you know this bill is here incase you think it may impact you.  If you learn more please let us know.
=====================
HB386, Technical Corrections To The Education Tax Credit 
03/07/2017 at 10:30 AM    LOB Room 202
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.
=====================
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.
=====================
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
 
 
Email to Committee: 
Subject: HB117 
 
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.
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