New Hampshire & Vermont Chapter

2017 Legislative Status

2017 GOVERNMENT RELATIONS STATUS
 
Legislation
HB2 -FN/HB 1-A (HB 144, 517)
Relative to state fees, funds, revenues, and expenditures.
It is expected that the state contribution to fund public school construction, which was introduced in SB192, will be addressed in this bill with an amendment to the moratorium language that currently exist.
Also, HB2 included an amendment to allow regional career and technical education centers, on a space available basis, to enroll any student requesting enrollment who has attended one year of high school, rather than 2 years as in current statute.
House Status:    LAID ON TABLE
Senate Status:   IN COMMITTEE
SENATE Finance
 
HB80
Relative to the administration of building code enforcement.
This bill revises the administration of building code enforcement for energy conservation in ALL building construction (RSA 155-D), not just new construction.
House Status:    RETAINED IN COMMITTEE
Senate Status:  
HOUSE Executive Departments and Administration
 
HB85
Relative to installation requirements for arc-fault circuit interrupters.
This bill permits an arc-fault circuit interrupter (AFCI) device to be replaced with a device without AFCI protection in certain circumstances.
House Status:    PASSED/ADOPTED WITH AMENDMENT
Senate Status:   REPORT OUGHT TO PASS WITH AMENDMENT   
SENATE Executive Departments and Administration
 
HB92
Revising the definition of the state building code and ratifying changes to the state building code adopted by the state building code review board.
I. Updates the definition of the state building code to include the 2015 editions of the International Building Code, the International Existing Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Conservation Code, and the International Residential Code.
II. Amends the definition of the state building code to include the International Swimming Pool and Spa Code 2015.
III. Ratifies changes to the state building code adopted by the state building code review board in 2015 and 2016.
House Status:    RETAINED IN COMMITTEE
Senate Status:  
HOUSE Executive Departments and Administration
 
 
 
HB109
Exempting certain building plans from the right-to-know law.
This bill exempts building plans and construction drawings in connection with a local building permit process from the right-to-know law.
House Status:    INEXPEDIENT TO LEGISLATE
Senate Status:  
HOUSE Judiciary
 
HB115 -FN
Establishing a state minimum wage and providing for adjustments to the minimum wage.
House Status:    INEXPEDIENT TO LEGISLATE
Senate Status:  
HOUSE Labor, Industrial and Rehabilitative Services
 
HB168
Relative to the definition of the New Hampshire fire code.
This bill updates the definition of the state fire code to include the 2015 edition of the Uniform Fire Code NFPA 1.
House Status:    RETAINED IN COMMITTEE
Senate Status:  
HOUSE Executive Departments and Administration
 
HB298
Relative to the mechanical licensing board.
This bill clarifies definitions of persons licensed by the mechanical licensing board, qualifies rulemaking concerning master and apprentice plumbers, requires business entities to show proof of good standing and insurance, and exempts inspectors from license renewal fees.
House Status:    RETAINED IN COMMITTEE
Senate Status:  
HOUSE Executive Departments and Administration
 
HB316
Relative to a statewide property tax exemption for commercial and industrial construction.
An eligible municipality may, by vote of the local legislative body pursuant to RSA 72:82 (procedure for adoption), adopt a new construction property tax exemption for commercial or industrial uses, or both. The intent of the exemption is to provide incentives to businesses to build, rebuild, modernize, or enlarge within the municipality. The exemption shall apply only for municipal and local school property taxes assessed by the municipality which shall exclude state education property taxes under RSA 76:3 and county taxes assessed against the municipality under RSA 29:11, and shall be a specified percentage on an annual basis of the increase in assessed value attributable to construction of new structures, and additions, renovations, or improvements to existing structures, but which shall not exceed 50 percent per year. The exemption may run for a maximum period of 10 years following the new construction
House Status:    PASSED/ADOPTED
Senate Status:   IN COMMITTEE
SENATE Ways and Means
 
 
 
HB339
Relative to reimbursement of transportation costs for students attending a career and technical education center.
This bill amends the definition of "sending district" to allow reimbursement for the cost of a student attending a career and technical education program in the school district in which the student resides.
Changes: [A school district where students reside who attend a regional center, regional program, or alternative education program other than within the district itself] to:  The school district in which a regional career and technical education student resides
House Status:    PASSED/ADOPTED
Senate Status:   INEXPEDIENT TO LEGISLATE       
SENATE Education
 
HB346
Relative to the payment of wages to an employee.
This bill requires that suitable arrangements for cashing pay checks be made between the employer and the financial institution.
House Status:    INEXPEDIENT TO LEGISLATE
Senate Status:  
HOUSE Labor, Industrial and Rehabilitative Services
 
HB371
Relative to bond requirements for public works contracts.
House Status:    PASSED/ADOPTED WITH AMENDMENT:
447:16  Bond Required.  Officers, public boards, agents or other persons who contract in behalf of the state [or any political subdivision thereof] for the construction, repair or rebuilding of public buildings, public highways, bridges or other public works shall if said contract involves an expenditure of [$35,000] $75,000 and may if it involves an expenditure of less amount, obtain as a condition precedent to the execution of the contract[,] sufficient security, by bond or otherwise, in an amount equal to at least 100 percent of the contract price, or of the estimated cost of the work if no aggregate price is agreed upon, conditioned upon the payment by the contractors and subcontractors for all labor performed or furnished, for all equipment hired, including trucks, for all material used and for fuels, lubricants, power, tools, hardware and supplies purchased by said principal and used in carrying out said contract, and for labor and parts furnished upon the order of said contractor for the repair of equipment used in carrying out said contract.  A political subdivision may apply the bonding requirements of this section to public works contracts entered into on behalf of the political subdivision.
Bonding Requirements; Notice.  Amend RSA 447:17 to read as follows:
447:17 Notice.  To obtain the benefit of the bond, any person, firm or corporation having any claim for labor performed, materials, machinery, tools, or equipment furnished as aforesaid shall, within 90 days after the completion and acceptance of the project by the contracting party, file in the office of the secretary of state, if the state is a contracting party, or with the department of transportation, if the state is a party to said contract by or through said department, or with the department of administrative services, if the state is a party to said contract by or through said department, or in the office of the clerk of the superior court for the county within which the contract shall be principally performed, if any political subdivision of the state has opted to apply the bonding requirements of RSA 447:16 and is a contracting party, a statement of the claim, a copy of which shall forthwith be sent by mail by the office where it is filed to the principal and surety.
Senate Status:   PASSED/ADOPTED WITH AMENDMENT:
447:16 Bond Required. Officers, public boards, agents or other persons who contract in behalf
of the state or any political subdivision thereof for the construction, repair or rebuilding of public
buildings, public highways, bridges or other public works shall if said contract involves an
expenditure of [$35,000] $100,000, and may if it involves an expenditure of less amount, obtain as a
condition precedent to the execution of the contract, sufficient security, by bond or otherwise, in an
amount equal to at least 100 percent of the contract price, or of the estimated cost of the work if no
aggregate price is agreed upon, conditioned upon the payment by the contractors and
subcontractors for all labor performed or furnished, for all equipment hired, including trucks, for all
material used and for fuels, lubricants, power, tools, hardware and supplies purchased by said
principal and used in carrying out said contract, and for labor and parts furnished upon the order of
said contractor for the repair of equipment used in carrying out said contract.
 
HB376
Relative to the disturbance of sediments in estuarine waters.
The commissioner shall adopt rules, pursuant to RSA 541-A, requiring that persons undertaking major projects seeking a permit to dredge in estuarine waters under this chapter shall analyze the characteristics of the sediments and report them to the department of environmental services at the time of the application for a permit. Persons undertaking natural resource restoration projects seeking a permit shall be exempt from such analysis.
House Status: INEXPEDIENT TO LEGISLATE
Senate Status:  
HOUSE Resources, Recreation and Development
 
HB446
Relative to state construction contracts.
ABC response to committee after ITL vote: As a supporter of hb446, relative to state construction contracts, Associated Builders and Contractors is disappointed in the E D & A Committee 17 - 2 ITL vote. From what we understand, apparently, during a republican caucus before the vote an effort was made to get representatives Proulx and Woitkun to support the bill. Although both are republicans, they are also union firefighters and support the building trades union only preference on state construction projects. Unable to change their votes, other republican representatives votes that would have been cast in favor of the bill were changed and aligned with the Proulx, Woitkun ITL vote, supporting the building trades, resulting in the 17-2 outcome and the bills inclusion on the Consent Calendar, with no minority report. This was done as some sort of republican unity initiative. Although disappointed and a bit surprised by the apparent sacrificing of votes, we are most concerned by the message in the House Record, which was clearly crafted by the building trades union. This permanent document will likely be used as evidence of careful debate and discussion by the committee, which never occurred. It will also be used incorrectly to demonstrate the E D & A Committee support for union only Project Labor Agreements on state funded projects to get the best deal for taxpayer dollars. Associated Builders and Contractors believes we would be remiss if we did not at least respond to the situation and document our understanding of the process and our above comments and concerns for future reference.
House Status:    INEXPEDIENT TO LEGISLATE
Senate Status:  
HOUSE Executive Departments and Administration
 
HB520
Relative to right to work.
House Status:    MISCELLANEOUS, see SB 11
Senate Status:  
HOUSE Labor, Industrial and Rehabilitative Services
 
HB641 -FN
Relative to high school students participating in New Hampshire's dual and concurrent enrollment program and making an appropriation therefor.
"Concurrent enrollment" means courses taught at the high school by high school teachers approved by the community college system of New Hampshire (CCSNH) in which high school students earn both high school and college or university credit while students are still attending high school or a career technical education center.
"Dual enrollment" means college courses taught by instructors from the community college system of New Hampshire (CCSNH) in which high school students earn college credit while students are still enrolled in high school or a career technical education center.
Program Established: There is established a dual and concurrent enrollment program in the department of education. Participation in the program shall be offered to interested high school and career technical education center students in grades 11 and 12. The program shall provide opportunities for New Hampshire's students in kindergarten through grade 12 to gain access and support for dual and concurrent enrollment in STEM (science, technology, engineering, and mathematics) and STEM-related courses that are fundamental for success in postsecondary education.
House Status:    RETAINED IN COMMITTEE
Senate Status:  
HOUSE Education
 
SB11 -FN
Prohibiting collective bargaining agreements that require employees to join or contribute to a labor union.
House Status:    Voted ITL, additional vote INDEFINITELY POSTPONED (cannot be brought back in another bill)
Senate Status:   PASSED/ADOPTED
HOUSE Labor, Industrial and Rehabilitative Services
 
SB22
Relative to employer immunity for disclosure of certain worker employment information.
Any employer may disclose employment information regarding misconduct, work history, and competency about a worker upon request of a prospective or current employer. An employer, and its directors, officers, and employees, who provide information in good faith and in accordance with this section shall be immune from civil liability for providing the information or for any consequences that results from the disclosure of the information unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that such information was false.
House Status:   
Senate Status:   INEXPEDIENT TO LEGISLATE
SENATE Commerce
 
SB75 -FN
Establishing a tax credit against business profits taxes for donations to career and technical education centers.
A school district may accept a charitable donation of:
(a) Tangible personal property for a related use by an educational program offered by
the regional CTE center.
(b) Up to 50 percent of the cost of apprenticeship and training programs offered by the regional CTE center, including the compensation of employees in direct supervision and training of students in a CTE center program.
(c) Money to be used by the school district for the local share of construction and renovation costs  under RSA 188-E:3.
A donor who makes a qualifying charitable contribution under paragraph I shall be allowed a credit against the business profits tax imposed under RSA 77-A as computed by the department of education.
On or before August 1 of each year, the department of education shall compute the amount of tax credits available from the donations made during the prior state fiscal year. The aggregate of tax credits issued by the department of education to all donors claiming the credit under this section shall not exceed $500,000 for any state fiscal year. Credits claimed which exceed the total allowed shall be granted in the donor's proportional share of the maximum aggregate credit amount. On or before October 1 of each year, the department of education shall report all credits issued to the department of revenue administration.
House Status:   
Senate Status:   REREFERRED
SENATE Ways and Means
 
SB90 -FN
Adjusting the minimum employer's contribution rate for unemployment insurance.
The minimum contribution rate under this section shall not be less than [.10] .20 percent.
House Status:   
Senate Status:   INEXPEDIENT TO LEGISLATE
SENATE Commerce
 
SB104
Relative to career and technical education.
This bill changes references from "vocational" education to "career and technical" education and requires each regional advisory committee to include at least one certified high school counselor. 
House Status:    COMMITTEE REPORT OUGHT TO PASS
Senate Status:   PASSED/ADOPTED WITH AMENDMENT
HOUSE Education
 
SB135 -FN
Relative to the regulation of electricians.
This bill allows for the voluntary inspection of electrical installations done without compensation,
authorizes voluntary inspection fees and identification of inspectors, and updates the National
Electrical Code in the state building code.
House Status:   
Senate Status:   LAID ON TABLE
SENATE Executive Departments and Administration
 
SB192 -FN
Relative to state contributions to public school renovations.
House Status:   
Senate Status:   INEXPEDIENT TO LEGISLATE, See HB2
SENATE Education
 
 
Other

  1. Requiring Workers Compensation coverage for all workers on commercial projects. Draft language created. Labor Department and other political support needed, including sponsor for legislation, has been a challenge.

 
ABC Draft Language:
Existing Statute
281-A:18-a Exclusion of Executive Officers and Members of Limited Liability Companies. –
I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or
members from the compulsive coverage requirements under this chapter.
II. The commissioner shall adopt rules under RSA 541-A relative to the filing of such an exclusion.
III. No exclusion shall be valid unless properly filed with the commissioner.
IV. Those executive officers and limited liability company members who elect to be excluded shall not
be considered uninsured employees of a subcontractor under RSA 281-A:18.
 
Proposed New section V.
V. With the exception of routine maintenance operations conducted utilizing the contract rental agreement process or deliveries to and removals from a construction project, if any construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under this section is directly performing the work on a construction project, such contractor, subcontractor, or independent contractor shall not be eligible for the provisions of this section.
 
AGC Draft Language:
Add the following after RSA 281-A:2 II;
II-a. “Commercial Construction” means construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Except: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Townhouse is a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides.
 
Add the following after RSA 281-A:2 VI. (a);
                (a)(1) Any person who provides construction services on site for a commercial construction project must be covered by workers compensation, excluding independent truckers, and cannot be rebutted by RSA 281-A:2 VI.(b)(1). No executive officers and members of a limited liability company that provides construction services on site for a commercial construction project can exclude themselves from workers compensation as defined under RSA 281-A:18-a.
 
Owner Exclusion
Amend RSA 281-A:18-a with the following;
281-A:18-a Exclusion of Executive Officers and Members of Limited Liability Companies. –
    I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter. No executive officers and members of a limited liability company that provides construction services on site for a commercial construction project can exclude themselves from workers compensation as defined under RSA 281-A:2 VI.(a)(1).
   
 
 
 
 

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