Bill Text: NH SB523 | 2026 | Regular Session | Amended


Bill Title: Establishing a committee to study the implementation of a residential builder registration system.

Sponsorship: Bipartisan Bill

Status: (Enrolled) 2026-06-17 - Enrolled (in recess of) 06/04/2026 House Journal 15 [SB523 Detail]

Download: New_Hampshire-2026-SB523-Amended.html

SB 523-FN - AS AMENDED BY THE SENATE

 

03/05/2026   0831s

2026 SESSION

26-2153

09/06

 

SENATE BILL 523-FN

 

AN ACT establishing a commission to study the implementation of a residential builder registration system.

 

SPONSORS: Sen. Ward, Dist 8; Sen. Pearl, Dist 17; Sen. Innis, Dist 7; Sen. Watters, Dist 4; Sen. Altschiller, Dist 24

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill establishes a commission to study the implementation of a residential builder registration system

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2026   0831s 26-2153

09/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT establishing a commission to study the implementation of a residential builder registration system.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Findings and Statement of Purpose.  The general court finds that the New Hampshire residential home building industry is essential to New Hampshire’s economic vitality, workforce development, and housing availability.  The general court also finds that while the overwhelming majority of New Hampshire builders operate with integrity and professionalism, isolated instances of fraud and abuse, often from out of state, have caused harm to consumers and undermined confidence in the industry.  The general court recognizes that leaders within the New Hampshire residential building community have expressed a commitment to strengthening accountability measures and supporting reasonable mechanisms to promote transparency and consumer protection without creating unnecessary financial or regulatory burdens.  

2  New Subdivision; Commission to Study the Implementation of a Residential Builder Registration System.  Amend RSA 310-A by inserting after section 222 the following new subdivision:  

Commission to Study the Implementation of a Residential Builder Registration System

310-A:223  Commission Established; Duties; Report.  

I.  There is established a commission to study the implementation of a statewide registration system for residential builders and contractors.  

II.  For the purposes of this section, “residential builder” shall mean a person or business entity whose primary source of income is derived from the construction, reconstruction, or substantial renovation of residential properties consisting of 4 or fewer dwelling units in a single building.  

III.  Notwithstanding RSA 14:49, the members of the commission shall be as follows:  

(a)  One member of the senate, appointed by the president of the senate.

(b)  Two members of the house of representatives, appointed by the speaker of the house of representatives, at least one of whom shall have experience in municipal administration.

(c)  One member from the department of justice, appointed by the attorney general.

(d)  One member from the department of labor, appointed by the commissioner of labor.

(e)  One member from the office of professional licensure and certification, appointed by the director.

(f)  Two members with experience in residential home building, appointed by the New Hampshire Home Builders Association.

(g)  The chief executive officer of the New Hampshire Home Builders Association, or the chief executive officer’s designee.

IV.  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

V.  The commission shall:  

(a)  Examine the viability, process, and necessity of implementing a statewide registration for residential builders.

(b)  Assess whether a registration system would enhance consumer protection and address instances of fraud, misrepresentation, exploitation, and miscommunication.  

(c)  Evaluate the scope and structure of a registration system, including eligibility requirements, renewal standards, complaint procedures, fee structures, oversight, and disciplinary mechanisms.

(d)  Identify which, if any, existing state agency or department would be best suited to oversee and administer a registration system, including but not limited to the department of labor, the office of professional licensure and certification, or the department of justice.

(e)  Solicit testimony from members of the public, representatives of the residential building industry, municipal officials, consumer protection advocates, and other interested stakeholders.

(f)  Recommend a fee structure sufficient to fully fund administration without reliance on general funds.

VI.  The first-named senate member shall call the first meeting of the commission within 45 days of the effective date of this section.  The commission shall elect a chairperson from among its members at its first meeting.  Five members of the commission shall constitute a quorum.  

VII.  The commission shall submit a report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the chairs of the house and senate commerce committees, and the governor on or before November 30, 2026.  

3  Repeal.  RSA 310-A:223, and the subdivision heading preceding it, relative to commission to study the implementation of a residential builder registration system, is repealed.  

4  Effective Date.  

I.  Section 3 of this act shall take effect November 30, 2026.

II.  The remainder of this act shall take effect upon its passage.

LBA

26-2153

11/18/25

 

SB 523-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing the registration and oversight of builders.

 

FISCAL IMPACT:   This bill does not provide funding.

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

Indeterminable Increase

Indeterminable Increase

Revenue Fund(s)

Builder Registration Fund

Expenditures*

$0

$0

Indeterminable Increase

Indeterminable Increase

Funding Source(s)

Builder Registration Fund and General Fund

Appropriations*

$0

$0

$0

$0

Funding Source(s)

None

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

County Revenue

$0

$0

$0

$0

County Expenditures

$0

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable

 

 

METHODOLOGY:

This bill establishes a Board of Builder Registration, administratively attached to the Department of Labor to regulate residential builders and general contractors.  The Board will oversee builder registration, continuing education, insurance requirements, and enforcement actions.  It also establishes a Builder Registration Fund for fee and penalty revenue to support board operations.

 

The Department of Labor states that its role will be limited to participation in rulemaking and consultation with the Board and the Registration Program Administrator.  The Department anticipates its direct agency costs to be minimal and can be absorbed into their current budget. However, the bill requires the newly created Board to contract with a nonprofit Registration Program Administrator that will develop and operate the registration portal, verify insurance and continuing education, process applications, manage complaint intake, conduct early investigations, and provide administrative support to the Board.  All operating costs for the Board and the Registration Program Administrator must be paid from the new established Builder Registration Fund.  It is unclear how start up and initial implementation costs will be covered prior to the collection of fees, and the Department notes it does not have funds budgeted for these activities.  As a result, state expenditures associated with establishing and operating the new Board and supporting the contracted Registration Program Administrator are indeterminable.

 

The Department of Labor also states the bill authorizes the Board to establish and collect initial registration fees, renewal fees, administrative fees, and civil penalties of up to $5,000 per violation and $500 per day for continuing violations.  These revenues will be deposited into the newly created Builder Registration Fund.  Because the number of builders who will be required to register is unknown and fee levels will be set through future rulemaking, the amount of anticipated revenue cannot be estimated at this time.

 

Lastly, this bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Department of Labor, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

 

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