CONSENT CALENDAR
February 26, 2018
HOUSE OF REPRESENTATIVES
REPORT OF COMMITTEE
The Committee on Municipal and County Government to
which was referred HB 1728-FN-LOCAL,
AN ACT removing the homestead exemption. Having considered the same, report the same with the following resolution: RESOLVED, that it is INEXPEDIENT TO
LEGISLATE.
OR THE COMMITTEE
Original: House Clerk Cc: Committee Bill File COMMITTEE REPORT
Committee: Municipal and County Government Bill Number: HB 1728-FN-LOCAL Title: removing the homestead exemption. Date: February 26,;2018 Consent Calendar: CONSENT Recommendation: INEXPEDIENT TO LEGISLATE
STATEMENT OF INTENT
After careful consideration, the committee found there was no justification given to change the Homestead Exemption.
Vote 14-0.
Rep. Susan Treleaven FOR THE COMMITTEE
Original: House Clerk Cc: Committee Bill File CONSENT CALENDAR
Municipal and County Government HB 1728-FN-LOCAL, removing the homestead exemption. INEXPEDIENT TO LEGISLATE. Rep. Susan Treleaven for Municipal and County Government. After careful consideration, the committee found there was no justification given to change the Homestead Exemption. Vote 14-0.
Original: House Clerk Cc: Committee Bill File COMMITTEE REPORT
COMMITTEE: 0,.7/ cA
BILL NUMBER: /at
TITLE: Ra-i74,01/14;
DATE: <=7?/c).)- if CONSENT CALENDAR: YES WI NO ❑
OUGHT TO PASS Amendment No. El OUGHT TO PASS W/ AMENDMENT
FINEXPEDIENT TO LEGISLATE
INTERIM STUDY (Available only 2nd year of biennium)
STATEMENT OF INTENT: Caiv/4kLeaLji/ 1,d wv c drn /4 /7/ old Y-Aat wa4 fie /4o-/W ovy chtio 0 w //ffrkt Az &id ?<- /darove3gemi___-
COMMITTEE VOTE: 01-0
RESPECTFULLY SUBMITTED, • Copy to Committee Bill File • Use Another Report for Minority Report Rep. For the Committee
Rev. 02/01/07 - Yellow Voting Sheets HOUSE COMMITTEE ON MUNICIPAL AND COUNTY GOVERNMENT
EXECUTIVE SESSION on HB 1728-FN-LOCAL
BILL TITLE: removing the homestead exemption.
DATE: February 20, 2018
LOB ROOM: 301
MOTIONS: INEXPEDIENT TO LEGISLATE Moved by Rep. Treleaven Seconded by Rep. Tatro Vote: 14-0
CONSENT CALENDAR: YES Statement of Intent: Refer to Committee Report
Respectfully submitted,
Rep Mark McLean, Clerk
HOUSE COMMITTEE ON MUNICIPAL AND COUNTY GOVERNMENT
EXECUTIVE SESSION on HB 1728-FN-LOCAL
BILL TITLE: removing the homestead exemption.
DATE: a a #C)c
LOB ROOM: 301
MOTION: (Please check one box)
O OTP VITL ❑ Retain (1st year) 0 Adoption of Amendment # O Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. /414) Vote: / (7 -12
MOTION: (Please check one box)
❑ OTP ❑ OTP/A ❑ ITL 0 Retain (Pt year) 0 Adoption of Amendment # O Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. Vote:
MOTION: (Please check one box)
❑ OTP ❑ OTP/A ❑ ITL 0 Retain (1st year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. Vote:
MOTION: (Please check one box)
O OTP 0 OTP/A 0 ITL 0 Retain (1st year) 0 Adoption of Amendment # O Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. Vote:
CONSENT CALENDAR: YES NO
Minority Report? Yes V No If yes, author, Rep: Motion
Respectfully submitted: Rep Mark McLean, Clerk STATE OF NEW HAMPSHIRE 1/5/2018 10:31:14 AM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION
M&C
Bill #:/1!) /106 Title: ‘,g41 Laze.-7,77G-C
PH Date: c;- 11,3_1 /5 Exec Session Date. c>7 / c20 / /6
Motion: Amendment #: MEMBER YEAS NAYS
Belanger, James P. Chariman ]Y Sterling, Franklin W. Vice Chairman McCarthy, Frank H. DeSimone, Debra L. Chase, Francis G. Matthews, Carolyn L. ', McLean, Mark Clerk 1 Gauthier, Francis Stone, Brian J. Tripp, Richard P. Migliore, Vincent Paul Carson, Clyde J. c Tatro, Bruce L. 6 Beaulieu, Jane E. Treleaven, Susan GS c8 Bordenet, John q Meader, David R. /0' Gilman, Julie D. i Josephson, Timothy 11/ Rand, Steven 1 1) TOTAL VOTE:
Page: 1 of 1 Hearing Minutes HOUSE COMMITTEE ON MUNICIPAL AND COUNTY GOVERNMENT
PUBLIC HEARING ON HB 1728-FN-LOCAL
BILL TITLE: removing the homestead exemption.
DATE: February 13, 2018
LOB ROOM: 301 Time Public Hearing Called to Order: 2:40 p.m.
Time Adjourned: 2:50 p.m.
Committee Members: Reps. J. Belanger, Sterling, McLean, F. McCarthy, DeSimone, Chase, Matthews, Gauthier, Tripp, Migliore, Carson, Tatro, Beaulieu, Treleaven, Bordenet, Meader, Gilman, Josephson and Rand
Bill Sponsors: Rep. Marple Rep. Itse Rep. Hoell
TESTIMONY
* Use asterisk if written testimony and/or amendments are submitted.
Rep. Dick Marple - prime sponsor - introduced and supports bill. Believes that articles 12 and zo of the NH bill of rights grant that everyone with a roof over their heads is entitled to $120,000 as a homestead. The first objective of this bill is to require a jury trial for the resolution of every tax lien. The bill would also protect up to $120,000 per person from the collection of property taxes.
Respectfully submitted,
)1- 4
Rep. Mark McLean Clerk
HOUSE COMMITTEE ON MUNICIPAL AND COUNTY GOVERNMENT
PUBLIC HEARING ON HB 1728-FN-LOCAL
BILL TITLE: removing the homestead exemption.
DATE: do , • • 13, c„..)_ o‘s,
ROOM: 301 Time Public Hearing Called to Order:
Time Adjourned:
(please circle if present)
Committee IVIenibr-rs: e s. J. Belan erg Simo authier, eaulie , e ea-v,cn, ordene a-n" a an eat
Bill Sponsors: Rep. Marple Rep. Itse Rep. Hoell
TESTIMONY
* Use asterisk if written testimony and/or amendments are submitted. H Bi728 Public Hearing 13 Feb 2018 An Act: removing the homestead exemption.
Rep Marple — prime sponsor — introduced and supports bill. Believes that articles 12 and 20 of the NH bill of rights grant that everyone with a roof over their heads is entitled to $120,000 as a homestead.
The first objective of this bill is to require a jury trial for the resolution of every tax lien.
The bill would also protect up to $120,000 per person from the collection of property taxes. SIGN UP SHEET
To Register Opinion If Not Speaking Bill # irla Date "Fa? (LA O r ; (Do) Committee C1-1 ecal -4 CA.) LAryi-c Cmc
** Please Print All Information ** (check one) Name Address Phone Representing Pro Con REP, ED Covyt .E ,e4 a CA t,R 0 L L k 1 avvi--A_ Fi e - /. I e -e.(-----v '2e.7 q N 01-f-t -c--76- ' ,1--1 .0t"'' L-46,1- - FW-)\.) S\---'44 Testimony H B 1728 Requiring a Jury Trial pursuant to Article 20, Part One. February 13, 2018, Room 301, L.O.B. T 2:00 p.m. Sponsors: Rep.Marple, Merr. 24, Rep. Itse, Rock 10, Rep. J.R.Hoell, Merr. 24 BusirieSs and Commercial Review Docket, executed a sweeping decision granting an investment advisors petition for an Injunction against the, N.H. Bureau of Securities Regulations invalidating the Bureau's Administrative Enforcement Scheme on Constitutional grounds. The judge refused to allow or permit the Bureau to continue to serve as JUDGE, JURY and EXECUTIONER against an individual facing an enforcement action. The heart of the case, Ridlon v. State of New Hampshire, Bureau of Securities Regulation, is available on the Judicial Branch's website, "courts.state.nh.us". There you will read that the Bureau alleged that a registered investment advisor defrauded many of his clients of millions of dollars. The Bureau sought to prosecute the advisor in an administrative proceeding seeking fines, restitution and disgorgement totaling close to $7 million. As of 2009, our laws permitted no avenue by which the Judiciary could take a fresh view of the outcome of such a case. The investment advisor would not stand for this type of process and filed a lawsuit seeking a halt to it, arguing that he had, 'a RIGHT to a JURY TRIAL under the State Constitution. At the heart of this case is a question regarding just hoW far, in the name of public welfare, we will allow our principles to drift from the core separation of powers values we claim secure our liberties as free people toward Kafka's nightmare. Judge McNamara's answer is not a wink. There are wide implications when government seeks to fine a private individual; he ruled it must do so in a different branch of government and before a constitutionally recognized arm of that government, the civil jury. His decision is self-consciously rooted in the history of the JURY TRIAL RIGHT, calling on observations about our judicial system lthistorians who studied its architects. This decision has wide implications for the entire field of Administrative Enforcement, from the regulation of -- public health and environment, to consumer protection matters and Tax Enforcement. Individuals and businesses now may point to this wellrreasoned court order as a means of protecting themselves from the arbitrary exercise of executive authority. They may now use this order to demand a transparent airing of disputes with the executive branch before a separate branch of the government on an equal playing field, where the over-riding government norm of decision-maker is neutrality, and rational, factor-based, decision- making. This decision may make its way to the Supreme Court but faced with the constitutional mandate, forcefully expressed in Article 20 of the New Hampshire Bill of Rights it is extremely doubtful that this decision will be overturned. NOTE: This information was gleaned from an article appearing on page 18, New Hampshire Business Review January 5-18, 201 authored by Michael S. Lewis, an Attorney with Concord Based Rath, Young and Pignatelli 2/11/2013. Mail - [email protected] -at: https://Www.law.cornell.eduiuscode/text/29/630 = " (f) The term "employee" means an individual employed by any employer excep nat theterm "employee" shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such. officer's personal staff, " and so yes, I think I had better send this to the others deleted above and more of to invite them to attend to here too if they's like to listen +/or talk. I—See also for this SAME day of: " /FUESDAY, FEBRUARY 1.' of at least at a DIFFERENT time of NOT the SAME time ---1 ( as other property rights bills by Mike Brewster) this one b Dick Mar e anri othQ,rs• .) ‹ c UNICTAL AND COUNTY GOVERN oom 301, ,LOB' " . http://wWW.Eencourt.state.nh.us/house-iconi-mittees/CommitteedetallS.aSpx?WdH18...... , "1:00 p.m.... ., 1:30 p.m...unsto 6k Area. ,,-. v: 1_,-, A " 3, k , 4.6-( il?) / 1 1 .4` ) i"'-..,J, - 4 4 4;)e, 1, r...._ 2:00 p.m. H 1728-F -L, removing the homestead exemption. [ * ] --...— : t ii i i,-417 2:30 p.m... Executive session on pending legislation may be held throughout the day, time permitting, from the time the committee is initially convened. " [ * ] "SPONSORS: 116L.L.121:21e,1\4.err. 24; Rep. Itse, Rock. 10; Rep. Hoell Merr. 23 " ii .... 1 Statement of Intent. The general court finds RSA 480:4 to be vague in its failure to express the controlling mandates of Articles 12 and 20 of the. Bill of Rig-hts- of the New Hanipshire Constitution. 2 The Homestead Right; Amount. Amend RSA 480:1 to read as follows: 480:1 Amount. Every [person] inh,a_hitant of this Repqblic is entitled,to $120,000 worth of his or her-homestead, or of his or her interest therein, as a homestead. The homestead right created by this chapter shall exist-in-,manufactured housing, as defined_ . by RSA 674:31, -which-is owned and Occupied-as a dwelling bythe same person but shall not:exist in the land upon which. the manufactured housing is sil uated if that land is .i~ot also owned by theiownez'. of the manufactured housing. 3 Homestead Right; Exemption from Attachment. RSA 480:4. is repealed and reenacted to read as follows: 480:4 Exempt from Attachment. The automatic homestead right is exempt from ANY AND ALL attachment, .levy, or • sale on execution and from any liability whatsoever, except by adherence to Part I, Article 20 of the New Hampshire constitution, relative to the right to a jury trial, and the Fifth Amendment to the United States Constitutiori, which prohibits the taking of private property without due process of law and prohibits the taking of private prop',erty for public use, without just coMpensation. 4 Repeal. RSA 480:7, relative to the levy of execution against property subject toa homestead right, is repealed. 5 Effective Date. This act' shall take effect 60 days after'its passage. with the only commentl have made and do make ndw and maybe will also-Make-verbally is that of'the words in the phrase in paragraph #3 of: "any and ail" that you could and maybe should amend to that of up to a moiety or equal half of the homestead, so that that is all a Town:can lien for per what Nathan Clifford [ httpsi/jen.wik[pedia.orgLwiki/Nathan Clifford ] from Rumney, N.H. as one of the U.S. Supre e Court judges put into the " Morsel! v. First National Bank, (full text) :: 91 U.S. 357 (1875)2 case at: https*://suprerne.iustia.com/cases/federaljus/91/357/case.html ) ) L( kJ —1 eN I t https://outlook.live.com/owanpath4mail/sentitems/rp — • F.' - alto,' 5/10 FAA 2/11/201.9 Mail - [email protected] Nathan Clifforc Wiki Dec is en.wildpedia.org Nathan Clifford (August 18, 1803 —July 25, 1881) was an American statesman, diplomat and jurist, whose career culminated in a lengthy period of service as an ... p 1(46 that reads: " The lien arose from the power to issue a writ of ele9it. " or, in other wore , for the creditor to parley [ ** with the so-called "debtor" on the "steps" IS withiN the definition of t parle to find out which half they will "consent" to like to have the creditor temporarily occupy while the debtor makes the payments to pay it off and to then get back 100% of the title, since no Insurance Company will EVER sell a policy of title insurance to a Town or "manceptor" = farmer of the public taxes, since each only gets that of a "Moiety Title" [ httos://en.wikipedia.orgiwiki/Moiety title ] of just ask James Hollander of Plainfield, on the Ed Brown case [ https://en.wikiftedia.orewiki/Edward and Elaine Brown ] getting a copy of this of the Judicial Sale by the supposed PUBLIC Auction to the house on over a hundred (100) acres of land over there at 401 Center of Town Road. Nobody can afford to get into such legal and lawful https://www.merriarni — webster.comidictionaryiquagmire or as "The Life of Riley" actor would say of What a aredicament ! Correction: " "What a revolting development this is"? " http://www.funtrivia.corn/askft/Question118430.html said by "William Bendix" the actor; https:fien.wikipedia.orewild/William Bendix William 3enc ix - Wiki Dec is en.vvikipeclia.org William Bendix (January 14, 1906 December 14, 1964) was an American film, radio, and television actor, who typically played rough, blue-collar characters. \(/i./t ) 4,1 -11A/ • 1:241, , Rit Lo /I- C "1- P' toksp k --c, 4' ) ----'' ZnekA et. ‘,/ , (t'k ii'• 03?'-' 1 page 15, also of interest = ii / 3 : i 3.8/- 3 ` L ° "WAYS AND MEANS, Rooms 210-211, LOB **Please Note Room cli) J-.11 t, 1477ce I C- /4r ,i,,,, /) ,. fE,, [ http:/b,Aiww.gencourt.state.nh.usihouseicornmitteesicommitteedetails.aspx?code=1-128 ] https://outlook.live.com/owa/?path=knail/sentitems/rp 6/10 Fiscal Note LBAO 18-2143 11/16/17 HB 1728-FN-LOCAL- FISCAL NOTE AS INTRODUCED AN ACT removing the homestead exemption. FISCAL IMPACT: [ X ] State [ X ] County [X] Local [ ] None Estimated Increase / (Decrease) STATE: FY 2019 FY 2020 FY 2021 FY 2022 Appropriation $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Indeterminable Revenue Decrease Decrease Decrease Decrease Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase Funding Source: [X] General [ ] Education [ ] Highway [ ] Other COUNTY: Indeterminable Indeterminable Indeterminable Indeterminable Revenue Decrease Decrease Decrease Decrease Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase LOCAL: Indeterminable Indeterminable Indeterminable Indeterminable Revenue Decrease Decrease Decrease Decrease Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase METHODOLOGY: This bill makes changes to the homestead right by removing the exception for the collection of taxes, liens, mortgages and executions and allows for jury trials to enforce any attachment, levy or sale. The New Hampshire Municipal Association states requiring a jury trial for every tax lien and sale would result in significant increase in municipal expenditures. The amount is indeterminable due to the circumstances of each possible case. The Department of Revenue Administration states the number of the existing exceptions to the homestead exemption could apply to debts owed to state, county and local governments, but is most applicable to the collection of taxes. The proposed legislation would protect up to $120,000 in homestead value from the collection of taxes, including state and local taxes, and therefore could result in a decrease in revenues to the extent the recovery of taxes owed would now be more difficult. The fiscal impact is indeterminable as the Department has insufficient information to calculate an exact amount. The Department of Health and Human Services (DHHS) indicates the bill will change the process by which the DHHS Estate Recovery Unit (ERU) places liens on real property owned by Medicaid beneficiaries in order to secure repayment of Medicaid costs for long term care services provided to the beneficiaries under RSA 167:14 and RSA 167:16-a. Additional staff resources of an indeterminate amount will be necessary to participate in jury trials or other proceedings in addition to those currently required. There are approximately 100 new liens placed per year by the ERU. The impact on state revenues from estate recoveries from the additional requirement is also indeterminable. The Judicial Branch has provided information that the cost for a full day jury trial in the superior court is estimated to be $2,142 in FY 2019 and $2,157 in FY 2020. Adding the cost of preliminary hearings, time to write a charge to the jury, and for clerical processing related to the jury would make the cost of a jury trial well in excess of $2,000 per day. Moreover, should a decision be appealed, several thousand dollars of additional costs would be incurred in judge, law clerk, and staff time at the supreme court. Thus, even one jury trial brought as a result of this proposed bill could result in a fiscal impact to the judicial branch in excess of $10,000. AGENCIES CONTACTED: New Hampshire Municipal Association, Department of Revenue Administration, Department of Health and Human Services, Banking Department, and Judicial Branch poonpaiqui HB 1728-FN-LOCAL - AS INTRODUCED 2018 SESSION 18-2143 05/04 HOUSE BILL 1728-FN-LOCAL AN ACT removing the homestead exemption. SPONSORS: Rep. Marple, Merr. 24; Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23 COMMITTEE: Municipal and County Government ANALYSIS This bill removes exemptions to the homestead right under RSA 480. Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in bracketc and ctruckthrou,h.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. HB 1728-FN-LOCAL -AS INTRODUCED 18-2143 05/04 STATE.OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Eighteen AN ACT removing the homestead exemption. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 1 Statement of Intent. The general court finds RSA 480:4 to be vague in its failure to express 2 the controlling mandates of Articles 12 and 20 of the Bill of Rights of the New Hampshire 3 Constitution. 4 2 The Homestead Right; Amount. Amend RSA 480:1 to read as follows: 5 480:1 Amount. Every [per-sea] inhabitant of this Republic is entitled to $120,000 worth of 6 his or her homestead, or of his or her interest therein, as a homestead. The homestead right 7 created by this chapter shall exist in manufactured housing, as defined by RSA 674:31, which is 8 owned and occupied as a dwelling by the same person but shall not exist in the land upon which the 9 manufactured housing is situated if that land is not also owned by the owner of the manufactured 10 housing. 11 3 Homestead Right; Exemption from Attachment. RSA 480:4 is repealed and reenacted to read 12 as follows: 13 480:4 Exempt from Attachment. The automatic homestead right is exempt from any and all 14 attachment, levy, or sale on execution and from any liability whatsoever, except by adherence to 15 Part I, Article 20 of the New Hampshire constitution, relative to the right to a jury trial, and the 16 Fifth Amendment to the United States Constitution, which prohibits the taking of private property 17 without due process of law and prohibits the taking of private property for public use, without just 18 compensation. 19 4 Repeal. RSA 480:7, relative to the levy of execution against property subject to a homestead 20 right, is repealed. 21 5 Effective Date. This act shall take effect 60 days after its passage.