Immediate Action Item
Contact Senate Finance committee NOW on SB247, Lead bill. Contact information provided below.
Update on amended Lead bill, more bills decided or have an updated status.
Howdee everyone,
Important Updates:
SB247, Lead Law
Everything is moving fast now that we are nearing the end of the first half of the legislative cycle. So quick response is needed!!
The very favorable & large amendment to SB247 Lead Law bill mentioned last update has now been voted and approved by the full Senate on a vote of 17 to 6. This is very good news.
The next milestone is for the bill to be approved by the Senate Finance committee. It is actually one of THE moments we have been concerned about all along. The $3 million per year for 2 years remediation fund is critical for landlords to use to assist remediating our rental properties.
You might imagine that asking the state for an additional $6 million dollars in our tight budget climate would be difficult to get approved.
The Senate Finance committee will be making their decision this Tuesday 3/21/17. It is extremely important that everyone, right now, this weekendemail the Senate Finance committee and ask them to approve the appropriation for the Remediation Of Lead In Water And Rental Housing Fund in SB247.
Action items now, (by midday Monday 3/20/17):
0. Realize something:
This is a critical moment. We need you desperately only a very few times a year to make a huge positive impact on landlord/tenant law. This is one.
We need you to write NOW. Tuesday is TOO LATE.
You can really make a positive difference.
1. Review Example Email/Letter Format Talking Points below.
2. Contact the Senate Finance committee and ask them to vote for the amended bill SB247 with the full appropriation for the Remediation of Lead in Water and Rental Housing Fund.
Senate Finance committee links
Gary Daniels (R) Chairman, 603-271-4980John Reagan (R) V Chairman, 603-271-4063Bob Giuda (R), 603-271-3074 (note phone number is wrong on the website)Chuck Morse (R) , 603-271-8472Lou D'Allesandro (D) , 603-271-2117Dan Feltes (D) , 603-271-3067
Emails (note you can likely copy all emails at the same time and just paste them in the To field of your email):
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.
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.
This time we have listed all the bills that have died, been laid on the table or retained in committee.
Hearings this week:
03/22/2017 at 09:00 AM SH Room 100
HB574, Increase CDFA Contribution Limit
Level of Response: You decide
Property Owner Position: You decide
03/22/2017 at 09:30 AM LOB Room 102
HB172, Enabling Counties to borrow against anticipated taxes
Level of Response: You Decide
Property Owner Position: You Decide
03/22/2017 at 09:30 AM SH Room 100
HB316, Statewide Property Tax Exemption For Commercial And Industrial Construction
Level of Response: Call, Email Legislators
Property Owner Position: For
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
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
==============================================
Example Email/Letter Format and Talking Points
Start subject line of your email with
“(from ‘yourtown’ resident) vote to pass SB247 Lead Law as amended by the Senate including the appropriation of the Remediation of Lead in Water and Rental Housing Fund”
In the body of the email identify yourself. At the very beginning urge them how to vote.
Use your own words to say that:
Lead is a societal issue. The government was very complicit in its use. Present landlords did not put lead in their properties and they purchased the properties when government rules were far less strict.
All landlords want to eliminate lead from their properties.
No landlord wants to see a child harmed.
Eliminating lead is very expensive. We need the money to make it happen.
Presently there is no state provided funding for lead remediation and the HUD grants administered by Manchester, Nashua & the state have strings attached that sometimes makes the money unavailable.
=======
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.
INEXPEDIENT TO LEGISLATE, Non-Concurred, etc
(Bills that have “died”)
HB129, Repealing the Education Tax Credit
HB78, Increase penalties for violating property and casualty laws
HB292, Jury Trial For The Execution Of A Tax Lien
HB181, Maintenance Of Private Roads Abutting Residential Properties
HB297, Repealing The Education Tax Credit
HB109, Exempting Building Plans & Construction Drawings From Right To Know Law
HB359, Returning A Percentage Of The LCHIP Fee
HB434, Increase eviction small claims to $3000
HB415, Establish an Income Tax, Reduce or Eliminate Other Taxes
HB440, Repeal Interest & Dividends Tax
HB385, Requires Foreclosure Notice Certified Mail Receipt Requested
HB566, Repealing The Community Revitalization Tax Relief Incentive
HB534, Reporting Of Meals And Rooms Tax Revenue By The Department Of Revenue
HB644, Extending Interest and Dividends tax to Include Capital Gains
HB623, Abandonment Of Animals In A Foreclosure
HB411, Change Date Of Property Tax Calcuation
HB503, Notice of Re-Assessment
HB637, Exempt BET if no BPT
HB581, Business Profits Tax Credit for Media Companies.
HB539, Distribution Of Meals And Rooms Tax Occupancy Revenues
HB655, Local Option Sales Tax
HB567, Repealing The Exemption For Water And Air Pollution Control Facilities From Local Property Taxation
SB186, Establish Commission To See If Stormwater Utility Fees Can Be Tax Deductible
SB208, Property Tax Refund For Childcare
Laid on the table
(Bills that are “paused”)
HB279, Smoking on private & commercial property
HB138, Protection to Debtor in Small Claims
HB419, RE Leased for Public Charter School
HB615, Reduce BPT and BET
HB478, Gender Identity Discrimination
SB168, Increase Veterans Tax Credit from $500 to $1000
SB94, Bonding $25 Million to finance affordable housing
Retained in Committee
(Bills that are also “paused”, perhaps committee is studying it, not sure what will happen here)
HB92, Update Building Code to 2015 Standards
HB80, Building Code Enforcement
HB168, Adopt the 2015 Life Safety Code and Uniform Fire Code
HB324, Valuation Of Utility Property
"HB529, Phase Out The Interest &
Dividends Tax"
HB565, Collection Of Delinquent Property Tax Manufactured Home Owners
HB399, Pesticide Use Where Children Play
HB592, Repealing The Regional Greenhouse Gas Initiative
Bill status (changed since last update):
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
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
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
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
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
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
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
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
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: INEXPEDIENT TO LEGISLATE
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
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
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
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
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
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
HB85, Allow Replacement of AFCI
Title: (New Title) relative to installation requirements for arc-fault circuit interrupters.
Property Owner Position: For
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
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: REPORT FILED:
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
HB215, Marijuana Study Commission
Title: establishing a commission to study the legalization, regulation, and taxation of marijuana.
Property Owner Position: For
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
HB614, Forfeiture Of Personal Property
Title: relative to forfeiture of personal property.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
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: HOUSE
House Status: IN COMMITTEE
Senate Status: PASSED/ADOPTED WITH AMENDMENT
SB1, Reduce BPT
Title: reducing the rate of the business profits tax.
Property Owner Position: For
General Status: SENATE
House Status: none
Senate Status: REREFERRED
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: 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: REPORT FILED:
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: REPORT FILED:
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: SENATE
House Status: PASSED/ADOPTED WITH AMENDMENT
Senate Status: IN COMMITTEE
HB172, Enabling Counties to borrow against anticipated taxes
Title: relative to tax anticipation notes in counties.
Property Owner Position: You Decide
General Status: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
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: SENATE
House Status: PASSED/ADOPTED
Senate Status: IN COMMITTEE
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 with a changed status:
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB292
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0292.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.
=====================
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.
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H20
Email to Committee:
Subject: HB181
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0181.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB434
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0434.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
Subject: HB385
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0385.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
Subject: HB534
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0534.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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB411
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0411.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB503
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0503.html
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)
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
Subject: HB637
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0637.html
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
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
Subject: HB581
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0581.html
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
Subject: HB539
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0539.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.
=====================
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:
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.
=====================
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:
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.
=====================
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
Subject: HB279
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0279.html
Analysis Stated in Bill:
Talking Points:
You decide on this one.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
Subject: HB138
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0138.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
Subject: HB419
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0419.html
Analysis Stated in Bill:
Talking Points:
appears to give charter schools the same tax exemption as other schools
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H28
Email to Committee:
Subject: HB615
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0615.html
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.
=====================
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:
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.
=====================
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.
=====================
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
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: HB85
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0085.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;donna.soucy@leg.state.nh.us; represcott@represcott.com;jeb.bradley@leg.state.nh.us; ;
Subject: HB305
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0305.html
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
=====================
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
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S07
Email to Committee:
To: andrew.hosmer@leg.state.nh.us; jeanie.forrester@leg.state.nh.us; 0;chuck.morse@leg.state.nh.us; dalas@leg.state.nh.us; john.reagan111@gmail.com; ;
Subject: SB74
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/SB0074.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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;donna.soucy@leg.state.nh.us; represcott@represcott.com;jeb.bradley@leg.state.nh.us; ;
Subject: HB501
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0501.html
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
Link to Committee Info:http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S37
Email to Committee:
To: sam.cataldo@leg.state.nh.us; david.pierce@leg.state.nh.us;donna.soucy@leg.state.nh.us; represcott@represcott.com; jeb.bradley@leg.state.nh.us; ;
Subject: HB502
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0502.html
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.
=====================
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
Link to Committee Info:http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10
Email to Committee:
To: bette.lasky@leg.state.nh.us; gldaniels@myfairpoint.net;david.pierce@leg.state.nh.us; sharon.carson@leg.state.nh.us;sam.cataldo@leg.state.nh.us; ;
Subject: HB215
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0215.html
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
Link to Committee Info: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10
Email to Committee:
To: bette.lasky@leg.state.nh.us; gldaniels@myfairpoint.net; david.pierce@leg.state.nh.us; sharon.carson@leg.state.nh.us; sam.cataldo@leg.state.nh.us; ;
Subject: HB614
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0614.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.
=====================
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/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
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.
=====================
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?
=====================
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=H28
Email to Committee:
To: HouseWays&MeansCommittee@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.
=====================
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
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: HB386
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0386.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.
=====================
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
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: HB568
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0568.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
03/22/2017 at 09:00 AM SH Room 100
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/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: 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.
=====================
HB172, Enabling Counties to borrow against anticipated taxes
03/22/2017 at 09:30 AM LOB Room 102
Title: Title: relative to tax anticipation notes in counties.
Summary: This bill would give counties the authority to borrow against anticipated taxes for current expenses. We don't see any direct impact on residential landlords.
Property Owner Position: You Decide
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: HB172
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0172.html
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.
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HB316, Statewide Property Tax Exemption For Commercial And Industrial Construction
03/22/2017 at 09:30 AM SH Room 100
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
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: HB316
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2017/HB0316.html
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.
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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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