Committee Summary for House Commerce and Consumer Affairs (05/06/2025)

Bill/Time	Type	Title	Sponsor
HB164 00:05:36.280 - 9:03:52 AM	Public Hearing	relative to local records retention.	Alexander, Joe(R)[A]2024
SB25 00:50:56.119 - 9:49:12 AM	Executive Session	allowing credit union members to pay members of the board of directors for their services as a board member.	Innis, Daniel(R)[C+]2024
SB26 00:53:03.280 - 9:51:19 AM	Public Hearing	(New Title) relative to the definition of deposits as they pertain to land sales and escrow of deposits.	Pearl, Howard (R)[C+]2024
SB26 00:55:04.800 - 9:53:20 AM	Executive Session	(New Title) relative to the definition of deposits as they pertain to land sales and escrow of deposits.	Pearl, Howard (R)[C+]2024
SB52 00:57:57.280 - 9:56:13 AM	Executive Session	relative to default provisions in New Hampshire trusts.	Innis, Daniel(R)[C+]2024
SB85 01:05:22.280 - 10:03:38 AM	Executive Session	relative to chartered bank lending limits.	Pearl, Howard (R)[C+]2024
SB162 03:17:44.080 - 12:16:00 PM	Executive Session	relative to restrictions on acquisition of ownership, controlling, and occupancy interests in real property by certain foreign principals on or around certain military installations, and criminal penalties and civil forfeiture procedures for illegal acquisition.	Birdsell, Regina(R)[C+]2024

HB164: Mike Padmore, Director of Advocacy with AARP New Hampshire Support00:05:36.280 - 9:03:52 AM; Mike Padmore provided support for the bill by proposing several amendments based on feedback from different parties. He suggested changing the term 'service agreement' to 'future right to listing agreement' to clearly define the scope of the bill to residential real estate. He also mentioned that AARP had circulated mockups of the legislation and discussed specific changes such as making these agreements unenforceable and striking certain sections to clarify the bill's intent. Additionally, he highlighted the importance of ensuring that the registrars of deeds are not held liable for recording these agreements, as they are statutorily obligated to do so.
HB164: Bob Quinn, CEO of the New Hampshire Association of Realtors Information Only00:14:25.120 - 9:12:41 AM; Bob Quinn provided information on the bill, comparing it to statutes in other states like Maine and Colorado. He noted that HB164 aims to prohibit entering into these agreements and also bans placing a lien on someone's property with such agreements. He mentioned that the Maine law, which was recently passed, achieves the same goal with fewer words and expressed support for the bill's objectives.
HB164: Representative Spears Information Only00:10:20.279 - 9:08:36 AM; Representative Spears discussed concerns about the nature of liens and service agreements, questioning the appropriateness of any service contract that puts a lien on a house. He compared this to other types of agreements, such as car service warranties, which do not result in property liens. He suggested that making the activity illegal outright might be the simplest solution.
HB164: J.R. Davis, Consumer Protection Support00:28:13.679 - 9:26:29 AM; J.R. Davis from the Consumer Protection office expressed support for the bill, noting that if the bill declares such agreements as unfair or deceptive, it would fall under the Consumer Protection Act (RSA 358A). This would allow consumers to sue for money damages and seek equitable relief to remove the lien. He highlighted the issue of service-related contracts leading to liens and the legal challenges involved.
HB164: Kate Han, New Hampshire Association of Counties Information Only00:37:19.200 - 9:35:35 AM; Kate Han clarified that the role of the registers of deeds is to file documents without determining their validity. She emphasized that if there is a filing component in the bill, it should not place the responsibility on the registers to assess fraud.
HB164: Unknown Speaker Information Only00:45:34.640 - 9:43:50 AM; The speaker discusses the concern about listing agreements and their potential to place liens on properties. They mention a previous conversation with Mr. Quinn about not prohibiting legitimate listing agreements. The discussion centers around the legality and implications of listing agreements that involve upfront payments without liens, which could complicate the bill if such practices are legal. The speaker suggests that the bill needs to clearly define what constitutes a lien in this context.
HB164: Unknown Speaker Information Only00:46:55.560 - 9:45:11 AM; The speaker continues the discussion on the bill's language concerning liens. They suggest that the bill should clarify that a 'provider' attempts to create a lien under the service agreement. The focus is on refining the language to ensure it accurately reflects the intent of prohibiting liens under listing agreements.
HB164: Unknown Speaker Information Only00:47:43.920 - 9:45:59 AM; The speaker refers to the original bill's text and suggests simplifying the entire bill by stating that no service or listing agreement can allow for a lien on the property. They also mention an exception for mechanic's liens, indicating a need to refine the bill's language to cover all relevant scenarios without unnecessary complexity.
HB164: Unknown Speaker Information Only00:48:31.040 - 9:46:47 AM; The speaker discusses further amendments to the bill, referencing Maine's statute and recent changes. They mention that the governor approved the bill on June 23, 2023, and suggest working on the language to ensure it meets the requirement for prohibiting liens. They propose revisiting the issue in the next subcommittee meeting and mention the time available until the end of May to refine the bill.
SB25: Unknown Speaker Vote00:50:56.119 - 9:49:12 AM; The speaker leads the executive session to vote on Senate Bill 25. They confirm the presence of the subcommittee members and proceed with the motion to vote. The motion to pass the bill as 'ought to pass' is made by Representative Ammon and seconded by Representative Mleier. The vote passes unanimously with eight members in favor, confirming the subcommittee's recommendation.
SB26: Matt Mayberry, CEO of the New Hampshire Homebuilders Information Only00:53:03.280 - 9:51:19 AM; Matt Mayberry, CEO of the New Hampshire Homebuilders, suggests amendments to Senate Bill 26. He recommends deleting sections one and three, which are definitions already known, to streamline the bill. He confirms that keeping sections two and four, along with section five, would satisfy both the homebuilders and the attorney general's office. The focus is on the escrow for upgrades, and the proposed changes aim to reduce unnecessary verbiage.
SB26: Unnamed Speaker Information Only00:55:04.800 - 9:53:20 AM; The speaker discussed the potential amendment to SB26, suggesting the deletion of sections one and three, keeping sections two and four. They also mentioned that the amended analysis would only include section Roman two. Additionally, they proposed that the bill should be effective upon passage due to the need to address hundreds of approved purchase and sales agreements for units.
SB52: Unnamed Speaker Information Only00:57:57.280 - 9:56:13 AM; The speaker mentioned that no amendment was needed for SB52 and it was ready for voting. They confirmed their support for the bill.
SB52: Representative Burroughs Information Only00:58:43.799 - 9:56:59 AM; Representative Burroughs asked about the implications of a beneficiary of a trust being a relative and whether they could replace a trustee with a relative or subordinate. The discussion clarified that a relative can be a trustee from the beginning but replacing a trustee with a relative or subordinate is not allowed under certain conditions related to timing and taxable estates.
SB52: Heather Ogmanson, New Hampshire Trust Council, Jordan Park and Trust Company, Portsmouth Support01:00:19.359 - 9:58:35 AM; Heather Ogmanson discussed the beneficiary's ability to remove and replace a trustee, emphasizing that the provision in the bill aims to prevent a beneficiary from having a general power of appointment over the trust property, which would affect estate tax implications. She used a real-life family scenario to illustrate the issue and confirmed that the bill addresses taxable estates.
SB85: Unnamed Speaker Information Only01:05:22.280 - 10:03:38 AM; The speaker explained that SB85 aims to increase the legal lending limit for New Hampshire chartered banks from 15% to 20% of their capital, aligning it with neighboring states like Maine, Massachusetts, and Vermont. They also discussed aligning the de novo status period with the FDIC's three-year standard from New Hampshire's current five-year period. The bill is intended to level the playing field for state-chartered banks and encourage them to remain state-chartered.
SB85: Unnamed Speaker Information Only01:07:31.200 - 10:05:47 AM; The speaker clarified that the 20% limit doesn't mean banks will lend to that level, as they still undergo safety and soundness examinations. They also addressed questions about the federal and state regulatory oversight and how New Hampshire banks are regulated similarly to out-of-state banks. They mentioned that the bill aims to prevent state-chartered banks from switching to federal charters.
SB85: Unnamed Speaker Information Only01:12:55.360 - 10:11:11 AM; The speaker responded to a question about what constitutes a bank's capital and surplus in the context of fractional banking, admitting they would need to consult a banker for a detailed answer.
SB85: Unnamed Speaker Information Only01:14:57.880 - 10:13:13 AM; The speaker concluded their previous remarks, indicating a shift in the discussion to the topic of real estate agreements. They mentioned the issue of future rights and the intent to prohibit listing agreements that require a lien, suggesting a need for a specific amendment to address this.
SB85: Unnamed Speaker Information Only01:15:57.760 - 10:14:13 AM; The speaker continued discussing the amendment related to listing agreements and liens, emphasizing the need to review the amendment details once printed. They also mentioned upcoming sessions and the scheduling of bills, indicating logistical planning for future meetings.
SB85: Unnamed Speaker Information Only01:16:43.199 - 10:14:59 AM; The discussion focused on the terms of listing agreements, specifically the duration and the possibility of liens. The speaker noted the importance of not limiting the duration of agreements and expressed concern over the concept of placing liens on properties without transparency on compensation.
SB85: Unnamed Speaker Information Only01:17:54.480 - 10:16:10 AM; The speaker discussed scheduling for upcoming sessions, mentioning a break in the session schedule and the need to organize subcommittee meetings efficiently to keep the legislative process moving.
SB85: Unnamed Speaker Information Only01:19:22.400 - 10:17:38 AM; The conversation continued on scheduling, with adjustments made to accommodate members' availability. The speaker suggested specific days for sessions and mentioned the need to finalize the schedule.
SB85: Unnamed Speaker Information Only01:20:38.719 - 10:18:54 AM; Further scheduling adjustments were made, with discussions on consecutive session days and logistical challenges such as overnight stays and travel arrangements.
SB85: Unnamed Speaker Information Only01:22:27.920 - 10:20:43 AM; The speaker briefly mentioned a power issue before the conversation shifted.
SB162: Unnamed Speaker Information Only03:17:44.080 - 12:16:00 PM; The speaker introduced Senate Bill 162, noting it as a business bill and that Representative Walsh was seeking to salvage it. They mentioned upcoming amendments and the involvement of the Senate and the governor.
SB162: Unnamed Speaker Information Only03:18:35.279 - 12:16:51 PM; The speaker discussed the proposed amendments to Senate Bill 162, which included protecting the seller from liability if the buyer was found to be a 'bad actor'. They also mentioned removing the leasing part of the bill and raised concerns about the enforcement of the law requiring certification of non-foreign citizenship.
SB162: Unnamed Speaker Information Only03:21:07.520 - 12:19:23 PM; The speaker expressed concerns about the implications of Senate Bill 162 on real estate agents, who could be held responsible for verifying the nationality of buyers. They questioned the enforceability of such a law and its potential to unfairly burden real estate professionals.
SB162: Unnamed Speaker Information Only03:22:00.040 - 12:20:16 PM; The speaker continued to express concerns about Senate Bill 162, focusing on the potential for discrimination and the lack of enforceability. They highlighted the challenges in determining a person's nationality and the potential for the law to be circumvented.
SB162: Unnamed Speaker Information Only03:23:12.000 - 12:21:28 PM; The speaker suggested that the bill should be limited to prohibiting agents or employees of foreign countries of concern from buying land in New Hampshire, acknowledging potential constitutional issues. They questioned the practicality and effectiveness of the proposed measures.
SB162: Unnamed Speaker Information Only03:24:21.279 - 12:22:37 PM; The speaker raised concerns about the security implications of the bill, suggesting that it might imply a lack of trust in existing security measures at military bases. They questioned the effectiveness of the proposed legislation in preventing information theft.
SB162: Unnamed Speaker Information Only03:25:40.720 - 12:23:56 PM; The speaker expressed frustration with the proposed bill, arguing that it did not address real security concerns and suggested that the CIA should be involved in crafting legislation that targets actual threats.
SB162: Unnamed Speaker Information Only03:27:02.760 - 12:25:18 PM; The speaker discussed the impracticality of the bill, mentioning the difficulty in enforcing it and the potential for foreign agents to circumvent its restrictions. They also mentioned the example of the Portsmouth Naval Shipyard and its security measures.
SB162: Unnamed Speaker Information Only03:28:14.560 - 12:26:30 PM; The speaker suggested retaining Senate Bill 162 for further work to find a solution that could be effective, acknowledging the concerns raised by various parties.
SB162: Unnamed Speaker Information Only03:29:13.520 - 12:27:29 PM; The speaker mentioned examples of foreign espionage and questioned the effectiveness of the proposed bill in preventing such activities, suggesting that it was not the responsibility of citizens but rather of the military to protect sensitive information.
SB162: Unnamed Speaker Information Only03:30:21.840 - 12:28:37 PM; The speaker expressed interest in the security measures at the Portsmouth Naval Shipyard and suggested that Maine might have implemented similar legislation. They advocated for retaining the bill to continue working on a viable solution.
SB162: Unnamed Speaker Information Only03:31:13.279 - 12:29:29 PM; The speaker mentioned the presence of Russians in Trump Towers and suggested that the bill might not address the real security threats. They emphasized the need for the CIA's involvement in crafting effective legislation.
SB162: Unnamed Speaker Information Only03:32:23.200 - 12:30:39 PM; The speaker mentioned testimony from representatives from New Boston, who supported the bill but acknowledged its limitations in preventing information theft. They suggested that the CIA should be involved in crafting legislation that addresses actual threats.
SB162: Unnamed Speaker Information Only03:33:32.160 - 12:31:48 PM; The speaker concluded the discussion on Senate Bill 162, suggesting a straw vote to retain the bill for further work. They mentioned the need for effective legislation that addresses real security concerns.
SB162: Unnamed Speaker Information Only03:37:51.359 - 12:36:07 PM; The speaker discussed the issue of restaurant order mix-ups and the need for the proposed bill to protect restaurant owners. They highlighted a scenario where customers order through a third-party delivery service, which may lead to incorrect orders and confusion about responsibility. The bill aims to ensure that delivery companies have agreements with restaurants, allowing for better tracking and accountability of orders. The speaker emphasized that without such agreements, restaurants have no way to verify customer complaints or rectify issues. They also mentioned the importance of protecting the restaurant's brand and intellectual property, arguing that the bill provides mechanisms for restaurants to maintain control over their image and service quality.
SB162: Representative Ammon Support03:47:02.239 - 12:45:18 PM; Representative Ammon supported the bill by emphasizing the importance of protecting the restaurant's intellectual property and brand image. They argued that allowing any delivery service to use a restaurant's logo and menu without an agreement undermines the restaurant's control over its brand. They also mentioned that the bill would allow restaurants to terminate agreements with delivery companies if there are repeated issues, thereby providing a mechanism for control and accountability.
SB162: Representative Malera Support03:48:03.840 - 12:46:19 PM; Representative Malera moved to pass the bill, indicating support for the legislation. There was no further discussion on the motion, and it was passed with seven votes in favor.

Hunt, John(Chairman)(R)[B+]2024	Post, Lisa(Clerk)(R)[A]2024	Potucek, John(V Chairman)(R)[A]2024
Salvi, Santosh(D)	Chourasia, Manoj(D)	Ammon, Keith(R)[A+]2024
Herbert, Christopher(D)[F]2024	Osborne, Jason(R)[A]2024	Thackston, Dick(R)[B]2024
Walsh, Lilli(R)[B]2024	Porcelli, Susan(R)[A-]2024	Spier, Carry(D)[CT]2024
Burroughs, Anita(D)[CT]2024	Gibbs, Merryl(D)[CT]2024	McAleer, Chris(D)[CT]2024
Sullivan, Jared(D)[D+]2024	Miles, Julie(R)	Presa, Adam(R)