HB654 (2017) Detail

(Third New Title) establishing a committee to study the regulation and taxation of vacation rentals and short-term rentals and relative to restrictions on the authority to regulate vacation and short-term rentals under the housing standards law.


CHAPTER 249

HB 654-FN - FINAL VERSION

 

15Feb2017... 0374h

22Jun2017... 2334CofC

22Jun2017... 2385EBA

2017 SESSION

17-0309

10/03

 

HOUSE BILL 654-FN

 

AN ACT establishing a committee to study the regulation and taxation of vacation rentals and short-term rentals and relative to restrictions on the authority to regulate vacation and short-term rentals under the housing standards law.

 

SPONSORS: Rep. Ohm, Hills. 36; Rep. Butler, Carr. 7; Rep. Twombly, Hills. 34; Rep. Seidel, Hills. 28; Rep. Azarian, Rock. 8; Sen. Fuller Clark, Dist 21; Sen. Birdsell, Dist 19

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill establishes a committee to study the regulation and taxation of vacation rentals and short-term rentals.  This bill also limits the authority to regulate vacation and short-term rentals under the housing standards law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2017... 0374h

22Jun2017... 2334-CofC

22Jun2017... 2385EBA 17-0309

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT establishing a committee to study the regulation and taxation of vacation rentals and short-term rentals and relative to restrictions on the authority to regulate vacation and short-term rentals under the housing standards law.

 

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

 

249:1  Committee Established.  There is established a committee to study the regulation and taxation of vacation rentals and short-term rentals.

249:2  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  Two members of the senate, appointed by the president of the senate.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

249:3  Duties.  The committee shall study the regulation and taxation of vacation rentals and short-term rentals, including:

I.  Municipal regulation of vacation rentals or short-term rentals by ordinance, enforcement of housing standards, or adoption of land use regulations.

II.  The enforcement of ordinances and regulations by entry and examination.

III.  The taxation of vacation rentals or short-term rentals under the meals and rooms tax, including collection by room remarketers.

249:4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named house member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

249:5  Report.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2017.

249:6  New Paragraph; Housing Standards; Definition Added.  Amend RSA 48-A:1 by inserting after paragraph IV the following new paragraph:

V.  “Vacation rental” or “short-term rental” means any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative, or timeshare, or owner occupied residential home, that is offered for a fee and for less than 30 consecutive days.  For purposes of this chapter, vacation rental and short-term rental are residential uses of the property and do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center, or another similar use.

249:7  Housing Standards; Grant of Power.  Amend RSA 48-A:2 to read as follows:

48-A:2  Grant of Power.  Whenever the governing body of any municipality finds that there exists in such municipality dwellings which are unfit for human habitation due to dilapidation, dangerous defects which are likely to result in fire, accidents, or other calamities, unhealthful lack of ventilation or sanitary facilities, or due to other unhealthy or hazardous or dilapidated conditions, including those set forth in RSA 48-A:7, power is hereby conferred upon such municipality to adopt ordinances, codes, or bylaws to cause the repair, closing, or demolition or removal of such dwellings in the manner provided in this chapter.  Any municipality which adopts such a code or ordinance which has provisions for appeal, pursuant to this chapter, shall be exempt from any provisions of RSA 48-A which are in conflict with the adopted ordinance.  The power conferred by this section shall not be used to impose any additional ordinances, codes, bylaws, licenses, certificates, or other restrictions on dwellings used as a vacation rental or short-term rental.

249:8  Standards; Ordinances, Codes, or Bylaws; Limits for Vacation or Short-term Rentals.  Amend the introductory paragraph of RSA 48-A:8 to read as follows:

48-A:8  Additional Provisions of Ordinances, Codes, or Bylaws.  An ordinance, code or bylaw adopted by the governing body of the municipality may authorize the public agency and its delegated officers to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter [including], provided that such powers shall not be used to impose any additional restrictions on dwellings used as a vacation rental or short-term rental.  Such powers shall include the following powers in addition to others herein granted:

249:9  Effective Date.  

I.  Sections 6-8 of this act shall take effect July 1, 2017.

II.  The remainder of this act shall take effect upon its passage.

 

Approved: July 18, 2017

Effective Date:

I. Sec. 6-8 effective July 1, 2017

II. Remainder effective July 18, 2017

 

 

 

Links

HB654 at GenCourtMobile

Action Dates

Date Body Type
Feb. 1, 2017 House Hearing
Feb. 7, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote
Feb. 28, 2017 House Hearing
March 15, 2017 House Exec Session
March 23, 2017 House Floor Vote
April 5, 2017 Senate Hearing
May 18, 2017 Senate Floor Vote
June 15, 2017 Senate Floor Vote
June 22, 2017 Senate Floor Vote
June 22, 2017 House Floor Vote

Bill Text Revisions

HB654 Revision: 1048 Date: July 20, 2017, 10:47 a.m.
HB654 Revision: 1049 Date: June 29, 2017, 12:16 p.m.
HB654 Revision: 1050 Date: June 7, 2017, 2:23 p.m.
HB654 Revision: 1051 Date: March 30, 2017, 8:21 a.m.
HB654 Revision: 1052 Date: Jan. 30, 2017, 9:39 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Commerce and Consumer Affairs HJ 3 P. 24
Feb. 1, 2017 Public Hearing: 02/01/2017 02:00 PM LOB 302
Feb. 7, 2017 Subcommittee Work Session: 02/07/2017 10:00 AM LOB 302
Feb. 7, 2017 Executive Session: 02/07/2017 01:00 PM LOB 302
Feb. 15, 2017 Committee Report: Ought to Pass with Amendment # 2017-0374h (NT) for 02/15/2017 (Vote 21-0; CC) HC 11 P. 8
Feb. 15, 2017 Amendment # 2017-0374h: AA VV 02/15/2017 HJ 7 P. 7
Feb. 15, 2017 Ought to Pass with Amendment 0374h: MA VV 02/15/2017 HJ 7 P. 7
Feb. 15, 2017 Referred to Ways and Means 02/15/2017 HJ 7 P. 7
March 7, 2017 ==CANCELLED== Public Hearing: 03/07/2017 01:00 PM LOB 202
Feb. 28, 2017 ==RESCHEDULED== Public Hearing: 02/28/2017 10:00 AM LOB 202
March 15, 2017 Executive Session: 03/15/2017 10:45 AM LOB 202
March 23, 2017 Committee Report: Ought to Pass for 03/23/2017 (Vote 13-0; CC) HC 16 P. 4
March 23, 2017 Ought to Pass: MA VV 03/23/2017 HJ 11 P. 7
March 23, 2017 Introduced 03/23/2017 and Referred to Ways and Means; SJ 11
April 5, 2017 Hearing: 04/05/2017, Room 100, SH, 10:00 am; SC 17
May 18, 2017 Committee Report: Ought to Pass with Amendment # 2017-1709s, 05/18/2017; SC 23
May 18, 2017 Sen. Fuller Clark Moved to Rerefer, RC 9Y-13N, MF; 05/18/2017; SJ 17
May 18, 2017 Committee Amendment # 2017-1709s, RC 15Y-7N, AA; 05/18/2017; SJ 17
May 18, 2017 Ought to Pass with Amendment 2017-1709s, RC 21Y-1N, MA; OT3rdg; 05/18/2017; SJ 17
June 1, 2017 House Non-Concurs with Senate Amendment 1709s and Requests CofC (Reps. Hunt, Major): MA VV 06/01/2017 HJ 17 P. 3
June 1, 2017 Speaker Appoints: Reps. Hunt, Biggie, Butler, Ohm 06/01/2017 HJ 17 P. 3
June 8, 2017 Sen. Sanborn Accedes to House Request for Committee of Conference, MA, VV; 06/08/2017; SJ 19
June 8, 2017 President Appoints: Senators Sanborn, Bradley, D'Allesandro; 06/08/2017; SJ 19
June 14, 2017 Conference Committee Meeting: 06/14/2017 10:45 AM LOB 302
June 15, 2017 Conference Committee Report Filed, # 2017-2334c; 06/15/2017
June 22, 2017 Conference Committee Report # 2017-2334c, Adopted, VV; 06/22/2017; SJ 20
June 22, 2017 Conference Committee Report 2334c: Adopted, VV 06/22/2017 HJ 19 P. 21
June 22, 2017 Enrolled Bill Amendment # 2017-2385e Adopted, VV, (In recess of 06/22/2017); SJ 20
June 22, 2017 Enrolled Bill Amendment # 2017-2385e: AA VV 06/22/2017 HJ 19 P. 26
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 27
July 18, 2017 Signed by Governor Sununu 07/18/2017; Chapter 249; I. Sec. 6-8 eff. 7/1/2017 ; II. Rem. eff. 7/18/2017