CHAPTER 201
SB 103-FN - FINAL VERSION
06/24/2021 1946CofC
06/24/2021 2073EBA
2021 SESSION
21-1070
05/04
SENATE BILL 103-FN
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Ways and Means
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ANALYSIS
This bill waives certain business registration, licensing, and taxation requirements for out-of-state businesses temporarily performing work in New Hampshire during a declared state of emergency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/24/2021 1946CofC
06/24/2021 2073EBA 21-1070
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
201:1 New Chapter; State of Emergency Waivers for Out-of-State Businesses and Employees. Amend RSA by inserting after chapter 319-C the following new chapter:
CHAPTER 319-D
State of Emergency Waivers for Out-of-State Businesses and Employees
319-D:1 Definitions. In this chapter:
I. “Communications services” has the same meaning as provided in RSA 82-A:2, III.
II. "Critical infrastructure" means real property and tangible personal property, including, but not limited to, buildings, conduits, lines, fiber optic cables, poles, pipes, structures and equipment, owned or used by a public utility, a rural electric cooperative, or a provider of communications services to generate, transmit or distribute such company's product or service in the state.
III. "Disaster-related or emergency-related work" means repairing, renovating, installing, constructing or rendering services to critical infrastructure in the state that has been damaged, impaired or destroyed by a state disaster or emergency.
IV. "Disaster response period" means the period commencing 10 calendar days prior to the date of issuance of the proclamation or declaration of a state disaster or emergency, and ending 60 calendar days after the governor has proclaimed or the president has declared, as applicable, the end of such disaster or emergency.
V. "Out-of-state business" means a business entity that does not have a presence in the state and does not conduct business in the state. "Out-of-state business" includes a business entity that:
(a) Is present in the state or conducted operations in the state, to perform disaster-related or emergency-related work, but otherwise satisfies the provisions of this chapter; or
(b) Is affiliated with a registered business solely through common ownership and otherwise satisfies the provisions of this chapter.
VI. "Out-of-state employee" means an employee of an out-of-state business who does not work in the state, other than performing disaster- related or emergency-related work during a disaster response period.
VII. "Public utility" has the same meaning as provided in RSA 362:2,I.
VIII. " Registered business" means a business entity that is registered with the secretary of the state to do business in the state prior to the state disaster or emergency.
IX. “Rural electric cooperative” means an association incorporated under RSA 301:53.
X. "State disaster or emergency" means a disaster or an emergency event for which:
(a) The governor has issued a proclamation of a disaster or an emergency pursuant to RSA 4:45; or
(b) The President of the United States has issued a declaration of the existence in the state of a major disaster or an emergency.
319-D:2 Status of Out-of-State Businesses and Employees During Disaster Period. Notwithstanding any other provision of law to the contrary, no out-of-state business or out-of-state employee who is present in the state or conducts operations in the state, to perform disaster-related or emergency-related work during a disaster response period, shall be deemed to have established sufficient presence in the state to require such business or employee to:
I. Register with the state or any political subdivision thereof;
II. Be subject to any state taxes other than transaction taxes and fees, which transaction taxes and fees include, but are not limited to, sales and use taxes, fuel taxes or charges or fees on rental passenger motor vehicles, rental trucks or rental machinery, unless such transaction taxes or fees are suspended or otherwise exempted during a disaster response period;
III. Submit any tax filing to the state; or
IV. Be subject to business licensing or occupational licensing by the state, provided such business or employee is properly registered, licensed or otherwise authorized under the laws of another state to perform disaster-related or emergency-related work. Any out-of-state business or out-of-state employee who remains in the state after the disaster response period shall be subject to all other laws that provide standards to establish presence in the state, and shall comply with any provision of the general statutes that becomes applicable to such business or employee due to such presence, including licensing and registration requirements.
319-D:3 Notification.
I. Any out-of-state business that is present in the state or conducts
operations in the state, to perform disaster-related or emergency-related work during a disaster response period, shall provide, upon request by the secretary of the state, a written statement that such business is in the state for purposes of responding to the state disaster or emergency. The statement, which may be provided electronically, shall include the following information for the out-of-state business:
(a) Name.
(b) State of domicile.
(c) Principal business address.
(d) Telephone number.
(e) Electronic mail address.
(f) Federal tax identification number.
(g) Date of entry into the state.
(h) Affirmation that it meets all relevant license and registration information for its state of domicile.
II. The secretary of the state may request a registered business that is an affiliate of such out-of-state business to provide the written statement and information set forth in paragraph I. Such registered business shall also include the registered business's name, principal business address, telephone number, and electronic mail address.
III. No out-of-state business that has received a request from the secretary of the state for a written statement or is an affiliate of a registered business that has received such request shall be prevented from commencing disaster-related or emergency-related work in the state prior to the provision of the written statement.
201:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 10, 2021
Effective Date: October 09, 2021
| Date | Body | Type |
|---|---|---|
| Feb. 8, 2021 | Senate | Hearing |
| Feb. 18, 2021 | Senate | Floor Vote |
| March 16, 2021 | House | Hearing |
| May 4, 2021 | House | Exec Session |
| May 11, 2021 | House | Exec Session |
| House | Floor Vote | |
| June 10, 2021 | House | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| Feb. 8, 2021 | Senate | Hearing |
| Feb. 18, 2021 | Senate | Floor Vote |
| May 4, 2021 | House | Exec Session |
| May 11, 2021 | House | Exec Session |
| June 10, 2021 | House | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
Aug. 16, 2021: Signed by the Governor on 08/10/2021; Chapter 0201; Effective 10/09/2021
Aug. 10, 2021: Signed by the Governor on 08/10/2021; Chapter 0201; Effective 10/09/2021
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 28, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 28, 2021: Enrolled (in recess of) 06/24/2021
June 24, 2021: Enrolled (in recess of) 06/24/2021
July 21, 2021: Enrolled Bill Amendment # 2021-2073e Adopted, VV, (In recess of 06/24/2021); SJ 20
June 24, 2021: Enrolled Bill Amendment # 2021-2073e Adopted, VV, (In recess of 06/24/2021); SJ 20
July 20, 2021: Enrolled Bill Amendment # 2021-2073e: AA VV (in recess of) 06/24/2021
June 24, 2021: Enrolled Bill Amendment # 2021-2073e: AA VV (in recess of) 06/24/2021
June 24, 2021: Conference Committee Report # 2021-1946c; RC 14Y-10N, Adopted; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-1946c; RC 14Y-10N, Adopted; 06/24/2021; SJ 20
June 24, 2021: Sen. Ricciardi Moved Reconsideration on 2021-1946c, RC 14Y-10N, MA; 06/24/2021; SJ 20
June 24, 2021: Sen. Ricciardi Moved Reconsideration on 2021-1946c, RC 14Y-10N, MA; 06/24/2021; SJ 20
June 24, 2021: Sen. Ricciardi Moved Reconsideration on SB 103 C of C Report 2021-1946, RC 14Y-10N, MA; 06/24/2021; SJ 20
June 24, 2021: Sen. Bradley Moved Reconsideration on 2021-1946c, RC 10Y-14N, MF; 06/24/2021; SJ 20
June 24, 2021: Sen. Bradley Moved Reconsideration on 2021-1946c, RC 10Y-14N, MF; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-1946c; RC 12Y-12N, Failed; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-1946c; RC 12Y-12N, Failed; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report 2021-1946c: Adopted, VV 06/24/2021
June 24, 2021: Conference Committee Report 2021-1946c: Adopted, VV 06/24/2021
June 10, 2021: Conference Committee Report # 2021-1946c Filed 06/10/2021; Version Adopted by Senate
June 16, 2021: Conference Committee Report # 2021-1946c Filed 06/10/2021; Version Adopted by Senate
: Conferee Change; Senator French Replaces Senator Cavanaugh; SJ 20
June 14, 2021: Conferee Change; Senator French Replaces Senator Cavanaugh; SJ 20
June 14, 2021: Committee of Conference Meeting: 06/14/2021, 9:30 a.m., Room 103, SH
June 10, 2021: Conferee Change: Rep. Alexander Jr. Replaces Rep. Andrew Bouldin 06/10/2021
June 10, 2021: Committee of Conference Meeting: 06/14/2021, 9:30 a.m., Room 103, SH
June 10, 2021: Conferee Change: Rep. Alexander Jr. Replaces Rep. Andrew Bouldin 06/10/2021 HJ 10 P. 22
June 14, 2021: Committee of Conference Meeting: 06/14/2021, 9:30 a.m., Room 103, SH
June 14, 2021: Conferee Change: Rep. Alexander Jr. Replaces Rep. Andrew Bouldin 06/10/2021 HJ 10 P. 22
June 10, 2021: Speaker Appoints: Reps. Major, Abrami, Pearl, Andrew Bouldin 06/10/2021 HJ 10 P. 17
June 10, 2021: Speaker Appoints: Reps. Major, Abrami, Pearl, Andrew Bouldin 06/10/2021 HJ 10 P. 17
June 10, 2021: House Accedes to Senate Request for CofC (Rep. Major): MA VV 06/10/2021 HJ 10 P. 17
June 10, 2021: House Accedes to Senate Request for CofC (Rep. Major): MA VV 06/10/2021 HJ 10 P. 17
June 10, 2021: President Appoints: Senators Avard, Gray, Cavanaugh; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Avard, Gray, Cavanaugh; 06/10/2021; SJ 19
June 10, 2021: Sen. Giuda Moved Nonconcur with the House Amendment; Requests C of C, RC 16Y-8N, MA; 06/10/2021; SJ 19
June 10, 2021: Sen. Giuda Moved Nonconcur with the House Amendment; Requests C of C, RC 16Y-8N, MA; 06/10/2021; SJ 19
: Ought to Pass with Amendment 2021-1824h MA RC 333-33 06/04/2021
June 4, 2021: Ought to Pass with Amendment 2021-1824h: MA RC 333-33 06/04/2021 HJ 9 P. 46
June 4, 2021: Ought to Pass with Amendment 2021-1824h: MA RC 333-33 06/04/2021 HJ 9 P. 46
June 4, 2021: FLAM # 2021-1824h (Rep. Andrew Bouldin): AA DV 183-181 06/04/2021 HJ 9 P. 45
June 4, 2021: FLAM # 2021-1824h (Rep. Andrew Bouldin): AA DV 183-181 06/04/2021 HJ 9 P. 45
June 3, 2021: Removed from Consent (Rep. Bixby) 06/03/2021 HJ 8 P. 3
June 3, 2021: Removed from Consent (Rep. Bixby) 06/03/2021 HJ 8 P. 3
May 20, 2021: Committee Report: Ought to Pass (Vote 24-0; CC) HC 26 P. 14
: Committee Report: Ought to Pass (Vote 24-0; CC) HC 26 P. 14
May 11, 2021: Executive Session: 05/11/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91063233087 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
May 5, 2021: Executive Session: 05/11/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91063233087 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
May 4, 2021: Full Committee Work Session: 05/04/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92340576130 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
April 28, 2021: Full Committee Work Session: 05/04/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92340576130 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
March 16, 2021: Public Hearing: 03/16/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/97636968924 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Feb. 25, 2021: Introduced (in recess of) 02/25/2021 and referred to Ways and Means HJ 4 P. 48
March 10, 2021: Introduced (in recess of) 02/25/2021 and referred to Ways and Means HJ 4 P. 48
Feb. 18, 2021: Ought to Pass: RC 24Y-0N, MA; OT3rdg; 02/18/2021; SJ 5
Feb. 18, 2021: Ought to Pass: RC 24Y-0N, MA; OT3rdg; 02/18/2021; SJ 5
Feb. 10, 2021: Committee Report: Ought to Pass, 02/18/2021; Vote 5-0; CC; SC 11
Feb. 18, 2021: Committee Report: Ought to Pass, 02/18/2021; Vote 5-0; CC; SC 11
Feb. 3, 2021: Remote Hearing: 02/08/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 10
Feb. 8, 2021: Remote Hearing: 02/08/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 10
Jan. 26, 2021: Introduced 01/06/2021 and Referred to Ways and Means; SJ 3
Jan. 6, 2021: Introduced 01/06/2021 and Referred to Ways and Means; SJ 3