Bill Text - HB651 (2005)

Relative to federal lien registration.

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Revision: Jan. 21, 2010, midnight

09Mar2005… 0356h

13Apr2005… 0953h

2005 SESSION

05-0637

06/10

HOUSE BILL 651-FN-LOCAL

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill:

I. Ends filing of federal liens and related notices with town and city clerks.

II. Contains provisions for town and city clerks to retain federal lien records already in their possession until 2017.

III. Establishes a federal lien registration fund for federal lien filing fees and allocates the fund to the secretary of state.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09Mar2005… 0356h

13Apr2005… 0953h

05-0637

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

Be it Enacted by the Senate and House of Representatives in General Court convened:

219:1 Place of Filing; Secretary of State Only. RSA 454-B:2, III is repealed and reenacted to read as follows:

III. Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States, certificates, and notices affecting the liens shall be filed in the office of the secretary of state. In addition, certificates and notices affecting federal liens previously filed in a city or town clerk’s office shall be filed in the office of the secretary of state.

219:2 Duties of Secretary of State; Town or City Clerk Eliminated. Amend the section heading of RSA 454-B:4 to read as follows:

454-B:4 Duties of Secretary of State [and Town or City Clerk].

219:3 Duties of Secretary of State; Town or City Clerk Removed. RSA 454-B:4, I is repealed and reenacted to read as follows:

I. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subparagraph II(b) is presented to a filing officer, the filing officer shall cause the notice to be marked, held, and indexed in accordance with the provisions of RSA 382-A:9-519 as if the notice were a financing statement within the meaning of RSA 382-A, the Uniform Commercial Code.

219:4 Duties of Secretary of State; Town or City Clerk Removed. Amend RSA 454-B:4, IV to read as follows:

IV. Upon request of any person, the secretary of state[ or the town or city clerk] shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of federal lien or certificate or notice filed under this chapter or any notice of federal tax lien or certificate or notice filed under former RSA 454-A, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for such a certificate, or a copy of any notice of federal lien or notice or certificate affecting a federal lien shall be in accordance with the fees established pursuant to RSA 382-A:9-525.

219:5 Fees; Allocation Added. Amend RSA 454-B:5 to read as follows:

454-B:5 Fees.

I. The fee for filing and indexing each notice of lien or certificate or notice affecting the lien shall be [in accordance with the fees established pursuant to RSA 478:17-g] $30.

II. Fees collected under this section shall be deposited in the federal lien registration fund and allocated to the secretary of state for the purposes specified in this chapter.

219:6 New Section; Disposition of Funds. Amend RSA 454-B by inserting after section 454-B:5 the following new section:

454-B:5-a Disposition of Funds. The expenses of administering, staffing, maintaining, and improving services provided by the secretary of state under this chapter shall be paid out of a fund to be known as the federal lien registration fund herein established in the office of the state treasurer.

219:7 New Section; Transition; Method of Communication. Amend RSA 454-B by inserting after section 8 the following new section:

454-B:9 Method of Communication. The filing officer shall accept liens described in this chapter in the method or medium authorized by the filing office in accordance with RSA 382-A:9-501-529, inclusive.

219:8 New Section; Transition; Former Filing Office Duties. Amend RSA 454-B by inserting after section 454-B:9 the following new section:

454-B:10 Former Filing Office Duties.

I. Every city or town clerk’s office (“former filing office”) shall maintain a record of every federal tax lien filed with such office under RSA 454-B until the earlier of one year after a release or discharge is filed with respect to such federal tax lien or June 30, 2017. As of July 1, 2017, all remaining records of, or relating to, financing statements filed in such office under RSA 454-B may be destroyed.

II. A former filing office shall not accept or file any initial federal tax lien or any other record relating to a federal tax lien filed with such office under RSA 454-B.

III. Until July 1, 2017, a former filing office shall respond to a request for information concerning its records in the same way and to the same extent as is required of the secretary of state under RSA 382-A:9-523(c), (d), and (e), and shall be entitled to charge and retain the same fees as are prescribed in RSA 382:9-525(d). Such a request for information shall be prepared, submitted, and processed separately from a request for information submitted under RSA 382-A:9-523(g), and the fees prescribed in RSA 382-A:9-525(d) shall apply separately to each request and the response thereto. Every city or town clerk shall post notice that a search of the records held by the city or town clerk may not reveal releases filed with the secretary of state.

219:9 New Subparagraph; Federal Lien Registration Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (234) the following new subparagraph:

(235) Moneys received pursuant to RSA 454-B:5 which shall be credited to the federal lien registration fund in RSA 454-B:5-a.

219:10 Repeal. RSA 454-B:4, III, relative to filing notice of federal lien, notice of revocation, and certain certificates and notices relative to federal liens with city or town clerks, is repealed.

219:11 Effective Date. This act shall take effect January 1, 2006.

(Approved: July 5, 2005)

(Effective Date: January 1, 2006)