SB 74-FN-A - FINAL VERSION
03/14/2019 1054s
6Jun2019... 2329h
2019 SESSION
19-0843
10/05
SENATE BILL 74-FN-A
SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Kahn, Dist 10; Sen. Cavanaugh, Dist 16; Rep. Tucker, Coos 5
COMMITTEE: Energy and Natural Resources
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill increases the fee assessed in addition to register of deeds recording fees used to support the land and community heritage investment program. The bill also establishes a committee to study the economic impact of land conservation and to review the LCHIP surcharge.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/2019 1054s
6Jun2019... 2329h 19-0843
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Recording Fee; Surcharge; Land and Community Heritage Investment Program. Amend RSA 478:17-g, II(a) to read as follows:
II.(a) An additional charge of [$25] $35 shall also be assessed for recording each deed, mortgage, mortgage discharge or plan, but shall not be assessed for the recording of any other document. The charge provided for herein shall be paid by the grantee in a deed, the grantor in a mortgage, the person or entity discharging a mortgage in the case of a discharge, and the primary owner of property shown on a plan. The charge provided for in this section shall not be assessed for the recording of any documents in which the United States or any instrumentality thereof, the state, a state agency, a county, a municipality, a village district, or a school district is a party.
2 Committee to Study the Economic Impact of Land Conservation and to Review the LCHIP Surcharge.
I. There is established a legislative committee to study the economic impact of land conservation on housing prices, whose purpose shall be to develop a strategy balancing the need for responsible housing with the need for responsible land conservation and to review the land and community heritage investment program (LCHIP) surcharge. Members of the committee shall be as follows:
(a) Two members of the senate, appointed by the senate president.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
II. The committee shall study issues related to the economic and demographic impact of land conservation on housing and development throughout New Hampshire and shall solicit testimony from housing, development, and conservation stakeholders. Its duties shall include, but not be limited to:
(a) Reviewing current patterns of land conservation of all types in New Hampshire, including state, municipal, federal, and private land preservation efforts such as, but not limited to, voluntary conservation easements, acquisition by land trusts, and coastal protection efforts;
(b) Analyzing the impact of conservation efforts on the affordability of housing;
(c) Analyzing the extent of land conservation in municipalities to determine if conservation and development is occurring equitably around the state so as not to place undue development burden on neighboring municipalities;
(d) Proposing a permanent state land conservation impact commission to report annually on the annual increase, respectively, in land under conservation and balanced-use housing by municipality and by county, and the effects of such increases on housing and rental prices by community and by county;
(e) Analyzing the impact of land conservation on each municipality’s property valuation per pupil;
(f) Analyzing the impact of conservation and housing on local property taxation; and
(g) Proposing legislation derived from the work of the committee.
III. The committee shall also review the types of documents and the compensation to the registries of deeds for collection and remission of the land and community heritage investment program (LCHIP) surcharge under RSA 478:17-g, II.
IV. The committee shall elect a chair from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
V. The committee may engage the office of strategic initiatives, the legislative budget assistant, the department of revenue administration, and any other agencies within the state in formulating metrics and acquiring data, so long as such data is de-identified for use in computations and analysis.
VI. Committee members shall receive mileage at the legislative rate when attending to the duties of the committee.
VII. The committee shall submit an interim report of its progress, including any findings and recommendations for proposed legislation, to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2019; and shall submit a final report or before November 1, 2020.
I. Section 1 of this act shall take effect 90 days after its passage.
II. The remainder of this act shall take effect upon its passage.
VETOED July 12, 2019
Veto Sustained September 19, 2019
19-0843
Amended 6/10/19
SB 74-FN-A- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-2329h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Potential Increase of $1,500,000+ | Potential Increase of $1,500,000+ | Potential Increase of $1,500,000+ | Potential Increase of $1,500,000+ |
Expenditures | Potential Increase of $1,500,000+ | Potential Increase of $1,500,000+ | Potential Increase of $1,500,000+ | Potential Increase of $1,500,000+ |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Land and Community Heritage Investment Program (LCHIP) Recording Fee Surcharge (RSA 478:17-g, II(a)) | |||
METHODOLOGY:
This bill would increase the additional recording fee assessed for certain documents at the registries of deeds to support the Land and Community Heritage Investment Program (LCHIP). The fee would increase by $10, from $25 to $35. The Treasury calculated the increased fee amount from $25 to $35 as a 40% increase ($35-$25=$10 $10/$25=40%). Treasury assumes the same level of activity in each fiscal year. Based on FY 2018 unaudited revenues from the $25 fee of $3,962,020, an estimated increase of 40% to $35 would yield an additional $1,584,808 per year ($3,962,020 x 0.40 = $1,584,808).
The bill also creates a committee to study the economic impact of land conservation and to review the LCHIP surcharge with an interim report due on or before November 1, 2019 and a final report due on or before November 1, 2020.
The Treasury and New Hampshire Association of Counties indicate there is no fiscal impact on the counties for this increased surcharge as the funds are still remitted to the state.
AGENCIES CONTACTED:
Treasury Department and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| March 5, 2019 | Senate | Hearing |
| March 14, 2019 | Senate | Floor Vote |
| March 28, 2019 | Senate | Floor Vote |
| March 27, 2019 | Senate | Floor Vote |
| March 28, 2019 | Senate | Floor Vote |
| April 10, 2019 | House | Hearing |
| April 16, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 2, 2019 | House | Floor Vote |
| May 14, 2019 | House | Hearing |
| May 14, 2019 | House | Hearing |
| May 28, 2019 | House | Exec Session |
| May 28, 2019 | House | Exec Session |
| June 5, 2019 | House | Floor Vote |
Sept. 19, 2019: Veto Sustained 09/19/2019: RC 212-143 Lacking Necessary Two-Thirds Vote HJ 22 P. 8
Sept. 9, 2019: Notwithstanding the Governor's Veto, Shall SB 74 Become Law: RC 17Y-7N, Veto Overridden by necessary two-thirds vote; 09/09/2019; SJ 22
Sept. 19, 2019: Notwithstanding the Governor's Veto, Shall SB 74 Become Law: RC 17Y-7N, Veto Overridden by necessary two-thirds vote; 09/19/2019; SJ 22
July 12, 2019: Vetoed by Governor 07/12/2019
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 13, 2019: Sen. Fuller Clark Moved to Concur with the House Amendment, MA, VV; 06/13/2019; SJ 20
June 6, 2019: Ought to Pass with Amendment 2019-2329h (NT): MA VV 06/06/2019 HJ 18 P. 23
June 6, 2019: FLAM # 2019-2378h (NT) (Rep. Edwards): AF RC 136-200 06/06/2019 HJ 18 P. 23
June 6, 2019: Amendment # 2019-2329h (NT): AA VV 06/06/2019 HJ 18 P. 23
: Minority Committee Report: Inexpedient to Legislate
June 5, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-2329h (NT) for 06/05/2019 (Vote 11-9; RC) HC 27 P. 22
: Majority Committee Report: Ought to Pass with Amendment # 2019-2329h (Vote 11-9; RC)
May 28, 2019: Executive Session: 05/28/2019 10:00 am LOB 202
May 28, 2019: Executive Session: 05/28/2019 10:00 am LOB 202
May 22, 2019: Full Committee Work Session: 05/22/2019 10:00 am LOB 202
May 14, 2019: Public Hearing: 05/14/2019 10:00 am LOB 202
May 2, 2019: Referred to Ways and Means 05/02/2019 HJ 14 P. 24
May 2, 2019: Ought to Pass: MA RC 214-144 05/02/2019 HJ 14 P. 24
May 14, 2019: Public Hearing: 05/14/2019 10:00 am LOB 202
May 2, 2019: Referred to Ways and Means 05/02/2019
May 2, 2019: Ought to Pass: MA RC 214-144 05/02/2019
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass (Vote 13-7; RC)
May 2, 2019: Majority Committee Report: Ought to Pass for 05/02/2019 (Vote 13-7; RC) HC 22 P. 11
April 16, 2019: Executive Session: 04/16/2019 11:00 am LOB 305
April 16, 2019: Full Committee Work Session: 04/16/2019 10:00 am LOB 305
April 10, 2019: Public Hearing: 04/10/2019 10:00 am LOB 305
March 20, 2019: Introduced 03/20/2019 and referred to Resources, Recreation and Development HJ 11 P. 73
March 28, 2019: Ought to Pass: MA, VV; OT3rdg; 03/28/2019; SJ 11
March 28, 2019: Special Order to after Energy and Natural Resources, Without Objection, MA; 03/28/2019; SJ 11
March 28, 2019: Committee Report: Ought to Pass, 03/28/2019; SC 15
March 27, 2019: Committee Report: Ought to Pass, 03/27/2019; SC 15
March 14, 2019: Ought to Pass with Amendment 2019-1054s, RC 16Y-8N, MA; Refer to Finance Rule 4-5; 03/14/2019; SJ 8
March 14, 2019: Sen. Giuda Floor Amendment # 2019-1054s, AA, VV; 03/14/2019; SJ 8
March 14, 2019: Committee Report: Ought to Pass, 03/14/2019; SC 13
March 5, 2019: Hearing: 03/05/2019, Room 103, SH, 09:00 am; SC 12
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Energy and Natural Resources; SJ 4