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Will Stewart 
Greater Manchester
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As session winds down, it's all about the process

Erle Pierce, Sheehan Phinney Capitol Group 

 

The legislative session is winding down but these can be the most hectic and confusing times of the year.

 

Only the New Hampshire Senate met as a chamber this week and they conducted much business on messages from the House regarding that chamber's recent work on Senate bills.  The Senate also took action on House bills changed by the Senate and asked for concurrence from the House.  Of course, it doesn't mean a bill is dead just because one chamber doesn't accept proposed changes from the other.  Confused yet?  Let's take a look at what the Senate did on Wednesday with just a few of the bills that could have an impact on business in New Hampshire.

 

LLCs

 

SB203 was introduced in January of this year as a bill that revises the laws that govern limited liability companies. This is a very lengthy and technical bill and here is what happened with the process:

 

The Senate passed the bill with a voice vote and sent it to the House at the end of March.  While in the House, the bill went through two committees and was amended in both.  Another amendment was introduced on the floor of the House, but defeated.  The amended Senate bill went back to the Senate where on Wednesday the Senate concurred with the changes made by the House. The bill now revises laws governing limited liability companies. It also permits meetings, pursuant to RSA 91-A, of the economic strategic commission to study the relationship between New Hampshire businesses and state government, established by RSA 359-K, by open blogging under certain circumstances.

 

The bill will now makes its way to Governor Lynch's desk for his action. If you would like to view the final, seventy four page bill click on the link below:

http://www.gencourt.state.nh.us/legislation/2012/SB0203.pdf

 

Dredging fees, Internet taxation and expense reductions:

 

SB 155 was introduced as legislation relative to section 179 expense deductions under the Business Profits Tax (BPT), and relative to refugee resettlement. It left the Senate referring only to the expense reductions. The House then amended the bill to re-instate the refugee resettlement language. When the bill came back to the Senate, they did not concur with the changes, killing the bill.

 

Now comes SB 399, which originally about the maximum permit application fee for certain municipal or state agency dredging projects. This bill became a "Christmas Tree" in the House, with all sorts of legislative "ornaments" hanging from it, including language prohibiting the NH Department of Revenue Administration from taxing Internet Access. The House added the Internet Tax language to SB 399 after not previously concurring with Senate changes to HB 1652 which included the same Internet tax language. On Wednesday the Senate did not concur with the House changes to SB 399.  All is not lost though and both the expense reduction and Internet tax issues are still alive and well. A committee of conference has been established for HB 1418 which contains language to resolve both issues.

 

If anyone has any questions regarding these bills, please don't hesitate contacting your friendly, neighborhood lobbyist. This is what we do here!

Chamber member initiates Employment Security rule change

Will Stewart, Greater Manchester Chamber of Commerce 

     

While most of the focus in Concord is in relation to laws the legislature creates, removes or amends, we often forget about the administrative rules used by the various state agencies to address a plethora of different issues that affect businesses.

 

Case in point is Emp. 304.04(b)(3)b, which addresses how unemployment compensation is charged to employers when an individual is concurrently employed by two or more employers and is terminated by one of said employers. In some cases, this rule permits New Hampshire Employment Security (NHES) to charge unemployment checks to the accounts of part-time employers, even when the employer continues to employ the part-time employee. Confused? Here's an example:

 

If a part-time employee of Company A files a claim for unemployment compensation against a former employer (Company B), Company A's NHES account may very well be charged for the part-time employee's unemployment check, if the employee was terminated from Company B more than five (5) months earlier.  This has the unintended effects of: a) forcing an employer to pay both employment wages and (indirectly) unemployment benefits to the same current employee; b) reducing Company A's NHES account; and c) increasing the amount of taxes Company A pays to NHES for all employees of Company A, perhaps even as high as 9 percent of all wages paid to all employees.

 

Ron Weikers, who employs a number of part-time yoga instructors at YogaBalance and has found himself on the receiving end of this scenario, asked the Chamber what might be done to bring some common sense to this bizarre situation.

 

Having a seat on the Commission to Study Business Regulations in New Hampshire, the Chamber invited Weikers to share his experiences with the Commission's Labor-Workforce Subcommittee. After hearing from him, the Subcommittee invited NHES Commissioner Tara Reardon and her staff to discuss the concerns he raised.

 

As a result, NHES sent notice this week that the department is seeking to amend the above-mentioned rule to prevent a current employer for being on the hook for paying for unemployment compensation for employees who are still on their payroll. It should be noted that this in no way affects the issuance of unemployment checks, which will continue to be received by those who qualify for them. It does, however, reduce the amount of NHES charges and administrative paperwork encountered by employers of large numbers of part-time employees and encourages more part-time employment, which can only help the New Hampshire economy.

 

A public hearing on the proposed change will be held at 9 a.m., Tuesday, June 19, at the NHES office at 32 S. Main St. in Concord. NHES will also accept written testimony through June 28 via email at Helene.Bailinson@nhes.nh.gov. Before taking effect, the rule change must first be approved by the Joint Legislative Committee on Administrative Rules, which will likely vote on the change in July or August.

 

Have you registered for the Chamber's "How to Run for Office" workshop?

 

Admit it: at least once you've contemplated the goings-on in Concord and thought, "I could do a better job than that." Well, here's your chance.

 

The Chamber will host a free, nonpartisan "How to Run for Office" workshop at 10 a.m., this coming Thursday, May 31, at the Chamber office at 54 Hanover St. in Manchester.

 

"This workshop is designed to give anyone thinking about running for a seat in the New Hampshire House of Representatives - no matter what their political persuasion - a look at the process of running for office, as well as a peek at what they can expect if elected," said John Weaver, chair of the Chamber's Government Affairs Committee, which is organizing the event.

 

The workshop will feature remarks from Deputy Secretary of State David Scanlan, who will discuss the legal requirements of running for office, including all necessary forms and filing deadlines. Currently serving House members from both the Democrat and Republican parties will also be on hand to talk about the realities of service, the time commitment and balancing legislative and work responsibilities. Finally, representatives from the Manchester City Democrats and the Manchester Republican Committee will discuss what campaign support is available from the local parties.

 

You can register for this free workshop online or by calling 792-4107. To learn more call 792-4107 or email wills@manchester-chamber.org.