Bill Text: NH HB1307 | 2016 | Regular Session | Chaptered
Bill Title: Relative to the procedure for amendment of condominium instruments and relative to name availability for business organizations.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2016-06-28 - Signed by Governor Hassan 06/24/2016; Chapter 315; I. Sec. 1 eff. 8/23/2016 ; II. Rem. eff. 6/24/2016 [HB1307 Detail]
Download: New_Hampshire-2016-HB1307-Chaptered.html
CHAPTER 315
HB 1307 - FINAL VERSION
05/05/2016 1892s
1June2016... 2050CofC
1June2016... 2133EBA
2016 SESSION
16-2336
05/10
HOUSE BILL 1307
AN ACT relative to the procedure for amendment of condominium instruments and establishing a committee to study the process by which business names are authorized by the secretary of state.
SPONSORS: Rep. Lachance, Hills. 8; Rep. Gallagher, Belk. 4; Rep. Potucek, Rock. 6; Rep. Avellani, Carr. 5
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill:
I. Provides that if amendment of the condominium instruments requires approval of a condominium unit mortgagee, an affidavit from the president of the association, attesting to the notice provided to the mortgagee, shall be sufficient.
II. Establishes a committee to study the process by which business names are authorized by the secretary of state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/05/2016 1892s
1June2016... 2050CofC
1June2016... 2133EBA 16-2336
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the procedure for amendment of condominium instruments and establishing a committee to study the process by which business names are authorized by the secretary of state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
315:1 New Paragraph; Amendment of Condominium Instruments. Amend RSA 356-B:34 by inserting after paragraph II the following new paragraph:
II-a. Notwithstanding paragraph II, any amendment to the condominium instruments requiring approval of mortgagees on units may be satisfied by the recording of an affidavit by the president of the association that written request for such approval was sent to the last known address of any mortgagee and that the mortgagee failed to respond within 60 days.
I. There is established a committee to study the process by which business names are authorized by the secretary of state.
II. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study the process by which business names are authorized by the secretary of state. The study shall include the feasibility of permitting an applicant or other business entity with a similar name that disagrees with the department's decision to request an administrative hearing.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2016.
I. Section 1 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: June 24, 2016
Effective Date: I. Section 1 shall take effect August 23, 2016
II. Remainder shall take effect June 24, 2016
