HB1761 (2006) Detail

(2nd New Title) AN ACT relative to hold over tenants in vacation or recreational rental units and relative to lobbyist reporting requirements.


CHAPTER 312

HB 1761 – FINAL VERSION

08mar06 0877h

24May2006… 2341cofc

24May2006… 2401eba

2006 SESSION

06-3037

05/10

HOUSE BILL 1761

AN ACT relative to hold over tenants in vacation or recreational rental units and relative to lobbyist reporting requirements.

SPONSORS: Rep. Wendelboe, Belk 1

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill permits a law enforcement officer to remove a holdover tenant from a vacation or recreational rental unit without judicial process if the parties have signed a lease that specifies the date by which the tenant shall vacate the premises and that the tenant may be removed from the property if the tenant remains beyond the date specified. The bill exempts vacation and recreational rental units from the eviction process in RSA 540.

This bill also limits the financial disclosure requirement for lobbyists to fees directly or indirectly related to lobbying.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08mar06 0877h

24May2006… 2341cofc

24May2006… 2401eba

06-3037

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to hold over tenants in vacation or recreational rental units and relative to lobbyist reporting requirements.

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

312:1 New Chapter; Vacation or Recreational Rental Units. Amend RSA by inserting after chapter 540-B the following new chapter:

CHAPTER 540-C

VACATION OR RECREATIONAL RENTAL UNITS

540-C:1 Covered Units. This chapter shall apply to all dwelling units which are:

I. Rented for recreational or vacation use at least one month out of the year; and

II. Rented for residential purposes by persons who have no other residence, during part or all of the non-recreational or vacation period.

540-C:2 Lease Required. In order to evict an occupant from a dwelling unit covered by this chapter without fulfilling the requirements of RSA 540, the owner or the owner’s authorized agent and the tenant shall sign a lease which:

I. States the date by which the tenant shall vacate the premises; and

II. Informs the tenant that if he or she remains on the premises after the expiration of the lease without the written permission of the owner or the owner’s authorized agent, the tenant may be removed from the premises by a law enforcement officer without any judicial process.

540-C:3 Removal Upon Expiration of Lease. Any law enforcement officer of this state, upon presentation of the expired lease by the owner or the owner’s authorized agent, shall remove the occupants from the dwelling unit. Upon removal the occupants shall be deemed to have abandoned his or her rights of occupancy and the owner may then make such unit available to other occupants.

540-C:4 Civil Penalty. Any person who directs a law enforcement officer to remove a tenant from a dwelling unit covered by this chapter without complying with RSA 540-C:3, or misrepresents to a law enforcement officer that the unit is a covered unit under this chapter shall be liable to any tenant who is involuntarily removed from the unit by the law enforcement officer in an amount equivalent to 3 months rent, plus costs and attorneys fees.

312:2 Repeal. RSA 540:1-a, I(c), relative to the classification of vacation or recreational dwellings rented during the off-season as nonrestricted property, is repealed.

312:3 Lobbyists Reporting Requirements. Amend RSA 15:6, I to read as follows:

I. Each lobbyist shall file with the secretary of state itemized statements under oath of:

(a) All fees received from any lobbying client [for all purposes.

(b) What portion of the total fees received] that are related, directly or indirectly, to lobbying [services], such as public advocacy, government relations, or public relations services including research, monitoring legislation, and related legal work.

[(c)] (b) All expenditures made from lobbying fees, including by whom paid or to whom charged.

[(d)] (c) Any honorarium or expense reimbursement, as defined in RSA 15-B, or political contribution, as defined in RSA 664, made by the lobbyist in his or her professional or personal capacity, on behalf of the lobbyist, the partnership, firm, or corporation or by the lobbyist on behalf of the client or employer or by a family member of the lobbyist. The statements shall be open to public inspection. For the purposes of this chapter, “family member” shall mean any person related to and living in the same domicile as the lobbyist, who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.

312:4 Lobbyist Reporting Requirements. Amend RSA 15:6, V(d) to read as follows:

(d) For each lobbying client, the full name and business address of the client, the scope of the representation or lobbyist services being paid for, the gross amount of all fees received from that client, not reduced by any expenses, [for all purposes, a statement of what portion of the gross fees received] that are related, directly or indirectly, to lobbying [services], such as public advocacy, government relations, or public relations services including research, monitoring legislation, and related legal work, a statement of the aggregate total of fees received that are related, directly or indirectly, to lobbying services during the calendar year, and a statement of any fee payment due, but not yet paid.

312:5 Effective Date.

I. Sections 1 and 2 of this act shall take effect January 1, 2007.

II. The remainder of this act shall take effect June 2, 2006, at 12:01 a.m.

Approved: June 19, 2006

Effective: I. Sections 1 and 2 shall take effect January 1, 2007

II. Remainder shall take effect June 2, 2006 at 12:01 a.m.

Links

HB1761 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1761 Revision: 10030 Date: Jan. 21, 2010, midnight

Docket