HB1228 (2006) Detail

(New Title) AN ACT relative to the sale or lease of state-owned real estate and relative to penalties under the real estate practice act.


CHAPTER 98

HB 1228-FN – FINAL VERSION

01Feb2006… 0402h

04/06/06 1601s

2006 SESSION

06-2367

05/09

HOUSE BILL 1228-FN

AN ACT relative to the sale or lease of state-owned real estate and relative to penalties under the real estate practice act.

SPONSORS: Rep. Chandler, Carr 1; Rep. Rausch, Rock 5; Rep. Gould, Rock 5; Rep. Cloutier, Sull 4; Sen. D’Allesandro, Dist 20; Sen. Clegg, Dist 14; Sen. Flanders, Dist 7; Sen. Boyce, Dist 4

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill requires state agencies to charge an administrative fee for costs incurred by the agency in preparing to sell or lease real property.

The bill also limits the misdemeanor penalty under the real estate practice act to cases in which a person is acting as a real estate broker or salesperson without a license.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01Feb2006… 0402h

04/06/06 1601s

06-2367

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the sale or lease of state-owned real estate and relative to penalties under the real estate practice act.

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

98:1 New Paragraph; Disposal of Real Estate; Administrative fee. Amend RSA 4:40 by inserting after paragraph III the following new paragraph:

III-a. All state agencies shall charge an administrative fee for the disposal of real property under this section. The administrative fee shall be at least $1,100 and shall be subject to the approval of the long range capital planning and utilization committee. The revenue from the administrative fees shall be deposited into the general, highway, turnpike, or fish and game fund, depending on which fund initially purchased the property.

98:2 Real Estate Practice Act; Penalty for Practicing Without a License. Amend RSA 331-A:34 to read as follows:

331-A:34 Penalty. Any person acting as a real estate broker or real estate salesperson, without a license [or violating any of the provisions of this chapter], shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person.

98:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 9, 2006

Effective: July 8, 2006