HB 1570-FN – AS INTRODUCED
2010 SESSION
10/03
HOUSE BILL 1570-FN
AN ACT requiring an affidavit of bills paid prior to the issuance of certain state and local permits.
COMMITTEE: Executive Departments and Administration
This bill requires the filing of an affidavit of bills paid by an owner or applicant demonstrating that all licensed professionals have been paid prior to the issuance of a permit, approval, or permission required for a project.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2361
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT requiring an affidavit of bills paid prior to the issuance of certain state and local permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; State and Local Permitting; Affidavits of Bills Paid. Amend RSA by inserting after chapter 13 the following new chapter:
CHAPTER 13-A
STATE AND LOCAL PERMITTING; AFFIDAVITS OF BILLS PAID
13-A:1 Application of Chapter. This chapter shall apply to the state and any governmental unit within the state authorized to issue any permit, approval, or permission for the continuation or completion of a project for the development, construction, maintenance, improvement, alteration, betterment, or operation of any property for which the services of a licensed professional are required or utilized, and where such licensed professional may not obtain a mechanic’s or materialmen’s lien to assure payment for providing services.
13-A:2 Definitions. In this chapter:
I. “Governmental unit’’ shall include any state department, agency, board, commission, council, state official or group, or any other body corporate and politic within the state other than the legislature and the courts; and shall include, towns, cities, counties, village districts, and any other political subdivision within the state, and the departments or agencies thereof.
II. “Licensed professional” means a person issued a license by a regulatory body of the state which is authorized by statute to license individuals and regulate professional services performed within the scope of practice for that regulated profession.
13-A:3 Affidavit Required. Any state entity or governmental unit identified in RSA 13-A:2 issuing or consenting to a permit, approval, or permission pursuant to an application or legal requirement of an owner or applicant as provided in state statute for the continuation or completion of a project shall require that an applicant or owner present a notarized affidavit of bills paid prior to the final issuance of such permit, approval, or permission, clearly demonstrating that all of the licensed professionals have been paid for the services necessary for the acquisition of that permit, approval, or permission.
13-A:4 Enforcement.
I. An owner or applicant who submits an affidavit of bills paid misrepresenting the status of the payment of a licensed professional shall be subject to the penalty for unsworn falsification.
II. The state or governmental unit issuing the permit, approval, or permission pursuant to an affidavit which misrepresents the status of payment, and where the licensed professional certifies that payment has not been made, shall suspend or revoke the permit, approval, or permission until such time as the owner or applicant complies with RSA 13-A:3.
III. This chapter shall not restrict the rights, remedies, or defenses of any person under law or equity.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2361
12/07/09
HB 1570-FN - FISCAL NOTE
AN ACT requiring an affidavit of bills paid prior to the issuance of certain state and local permits.
FISCAL IMPACT:
The Department of Administrative Services states this bill may increase state and local expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or on county expenditures.
METHODOLOGY:
The Department of Administrative Services states this bill requires the filing of an affidavit of bills paid demonstrating all licensed professionals have been paid prior to the issuance of certain state and local permits, approvals or permissions. The Department assumes the proposed bill will apply to any and all regulatory approvals of any and all property maintenance or improvement projects, granted by any and all state and local regulatory entities having oversight over these projects. The Department does assume that the bill will require some additional cost and effort on the part of the state and local approving entities, as these entities will review all approval requests for applicability to this bill’s requirements and any associated affidavits to determine compliance. However, the Department cannot estimate the number of projects, approvals requested, or entities granting approvals, so it cannot quantify the fiscal impact of the proposed legislation.
The New Hampshire Municipal Association states this bill should not have a local fiscal impact. The Association assumes any additional cost or effort required by the bill would be minimal and could be absorbed by existing staff and resources.
The Joint Board of Licensure and Certification sates this bill should have no fiscal impact on state revenue or expenditures.