Legislative Update: May 1, 2018
New education requirements for new licensees
By BOB QUINN
Government Affairs Director
Here are a few items being explored in the New Hampshire legislature that are of potential interest to the real estate community and being watched closely by your New Hampshire REALTORS government affairs team:
New continuing education requirement for new licensees
The House is set to pass Senate Bill 461, relative to continuing education for real estate licensees, after a House committee voted unanimously to pass an amended version of the bill.
The amended version requires that the initial 12 hours of continuing education for all salespersons prior to their first license renewal will be established by the real estate commission in specified topics related to the salesperson's practice. The bill does not require any additional credit hours for new or established licensees.
The intent is to ensure new licensees receive appropriate training in contracts, agency, state and federal housing laws and other issues relevant to a new licensee.
The Senate is likely to agree to the House version of SB 461 and send it to the Governor for his signature.
House amends bill to make special condo meetings even more special
Senate Bill 415, as passed by the Senate, would have allowed condo owners to call a “special meeting” to vote on the removal of one or more members of the board of directors.
The House has amended SB 415 and expanded that which can be voted on in a “special meeting” to allow any proposal set forth in the meeting notice to be acted upon.
The amendment also modifies the limitation on a single person casting undirected proxies. Current law limits that person to casting proxies representing no more than 10 percent of the votes in the association. The House amendment allows members of small associations, 20 units or less, to vote undirected proxies for less than a majority of votes in the association.
Differences between the House and Senate bills may need to be resolved in a Committee of Conference.
Agritourism bill heads to Governor’s desk
The House passed Senate Bill 412, which prohibits a municipality from adopting an ordinance regarding agritourism activities that conflicts with the definition in RSA 21:34-a. The bill also allows an applicant for land use approval to appeal to the Commissioner of Agriculture to adjudicate disputes with the municipality concerning what constitutes agritourism.
The intent is to protect property owners who may want to attract visitors to a farm for activities that are accessory uses to the primary farm operation, such as meals, overnight stays, enjoyment of the farm environment or “active involvement in the activity of the farm.”
The bill now heads to the Governor’s desk for his signature.
For the most recent legislative chart, click here.
For more information, please contact Bob Quinn at 603-225-5549 or bob@nhar.com.