Revision: April 14, 2009, midnight
HB 302 – AS AMENDED BY THE HOUSE
24Mar2009… 0805h
2009 SESSION
10/01
HOUSE BILL 302
AN ACT relative to the New Hampshire real estate practice act.
SPONSORS: Rep. Baroody, Hills 13; Rep. Eaton, Ches 2; Rep. Kopka, Hills 26; Rep. Chandler, Carr 1; Rep. Sapareto, Rock 5
COMMITTEE: Executive Departments and Administration
This bill clarifies certain terms in the New Hampshire real estate practice act, and removes the U.S. mail requirement for notice of rulemaking by the real estate commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0805h
09-0375
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the New Hampshire real estate practice act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Real Estate Practice Act; Exempted Classes. Amend RSA 331-A:4, I to read as follows:
I. An owner, builder or tenant of real estate or to regular employees with respect to property owned or leased by the owner, builder, or tenant, or to a prospective purchaser or tenant of real estate or to regular employees with respect to property sought to be acquired or leased by the purchaser or tenant, and who does not hold himself or herself out as a real estate broker;
2 Real Estate Commission; Renewal Notice. Amend RSA 331-A:19, I to read as follows:
I. The commission shall mail each licensee a renewal [form] notice or, at the licensee’s request, the commission may provide the renewal [form] notice by other means acceptable to the commission, at least 60 days before expiration of the license.
3 Real Estate Commission; Rulemaking. Amend RSA 331-A:25, V to read as follows:
V. Application forms for original and renewal licenses and registration forms for [branch offices] trade names.
4 Real Estate Commission; Investigation Procedure; Reference Corrected. Amend RSA 331-A:29, IV to read as follows:
IV. If the evaluating commission member recommends that a hearing be held, the commission shall schedule such a hearing as required by RSA 331-A:30. The commission may, regardless of the recommendation of the evaluating [committee] commission member, elect to hold a hearing on any complaint.
5 Powers of the Commission; Notice of Rulemaking. Amend RSA 331-A:7, VII to read as follows:
VII. Provide notice [in a publication of the commission sent by U.S. mail] to all persons licensed under this chapter of any proposed rulemaking undertaken by the commission, any changes to administrative rules adopted by the commission, and any pertinent changes in New Hampshire law. The funds necessary for the printing, postage, and mailing of such notice shall be expended from funds of the commission not otherwise appropriated.
6 Lapse of Licenses. Amend RSA 331-A:18, II to read as follows:
II. If an expired license is not renewed within 6 months under paragraph I, then the license is deemed to have lapsed and such person may obtain a license only by qualifying anew as an original applicant. However, the commission may renew a lapsed license [for good cause shown] within a reasonable time [not to exceed one year] from the date of [expiration] lapse for good cause shown.
7 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0375
Amended 04/09/09
HB 302 FISCAL NOTE
AN ACT relative to the New Hampshire real estate practice act.
FISCAL IMPACT:
The New Hampshire Real Estate Commission states this bill, as amended by the House (Amendment #2009-0805h), may decrease state expenditures by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The New Hampshire Real Estate Commission states this bill clarifies certain terms in the New Hampshire real estate practice act, and removes the U.S. mail requirement for notice of rulemaking by the Commission. The Commission states this removal of the U.S. mail requirement may reduce state expenditures by an indeterminable amount in FY 2010 and each year thereafter. Although the proposed legislation will allow the Commission to provide notices via e-mail, thus reducing state expenditures on postage, the Commission does not currently require licensees to provide an e-mail address and therefore is unable to predict how many licensees will have the capability to be notified via e-mail instead of U.S. mail.