Devine Millimet - Attorneys at Law Choose Wisely

Governmental Relations

Community Reinvestment Opportunity Zones

Written and lobbied for by Devine Millimet's Government Relations practice, this legislation is a landmark pro-business measure. It authorizes the establishment of Community Reinvestment Opportunity (or CROP) Zones in under-utilized parts of cities and towns around the state. This law, which the Chairman of the House Ways & Means Committee called "historic", marks the first time that New Hampshire has approved the granting of state tax breaks (in this case, a reduction of the business enterprise tax) as incentives to attract or retain businesses in particular parts of the state.

Net Operating Loss Reform

This legislation, authored and lobbied for by Devine Millimet, repealed the existing Department of Revenue Administration (DRA) rule which required losses to be carried back before they could be carried forward. Because New Hampshire does not allow refunds or credits based upon losses which are carried back, the net effect of the existing rule was simply to soak off losses which a business might apply against profits in future years. The Department of Revenue estimated that this bill will save $2 million to $4 million for New Hampshire businesses each year. This success comes on the heels of our victory in upping the net operating loss limits from $250,000 to $1,000,000 effective July 1, 2005.

Additional Funding For Nursing Homes

Authored and lobbied for by Devine Millimet, this legislation obtained an increase of about $12 million per year for private nursing homes (which include church nursing homes) in the state. This was the first increase for nursing homes in four years. This bill also contained a contingency section which ensured that the state could not reduce the level of general fund dollars currently being paid to nursing homes or divert money from the nursing homes.

Eminent Domain

In our continuing efforts to create some fairness for business property owners in eminent domain proceedings, Devine Millimet successfully lobbied for the passage of two key bills. One increased the cap on relocation assistance for businesses in eminent domain proceedings from $10,000 to $100,000. The other required the State to pay a land owner up to $1,000 for an independent appraisal prior to a taking.

Telecommunications Funding

Our aggressive lobbying stymied an attempt by the 911 Commission to have the current law changed so as to prevent telecom companies from recovering costs associated with the deployment of Phase II of the wireless E-911 network. Not only will recovery of reasonable costs continue to be allowed, but the legislative row put the spotlight on the Commission's record of failing to reimburse for the costs incurred in the Phase I build-out of E-911.

Housing Discrimination

Devine Millimet was also able to effect a change in housing discrimination laws so that it is now legally possible to build 55 and older housing which excludes children. An inconsistency between the existing statutes and administrative rules of the Human Rights Commission had been preventing developers from building over-55 housing complexes legally.

The Executive Branch

We persuaded the Commissioner of the Department of Environmental Services (DES) to rescind and reverse a rule which had already been approved by the Commissioner and the Joint Legislative Committee on Administrative Rules (JLCAR). The effect of the rule would have been to weaken the existing standards set by law for wetland delineations.

Daniel J. Callaghan
Daniel J. Callaghan,
CHAIR

T  603.695.8501
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