Bill Text - HB238 (2011)

Relative to the assessment of the education tax by towns and cities.


Revision: Jan. 24, 2011, midnight

HB 238-FN-A – AS INTRODUCED

2011 SESSION

11-0782

09/04

HOUSE BILL 238-FN-A

AN ACT relative to the assessment of the education tax by towns and cities.

SPONSORS: Rep. Hatch, Coos 3; Rep. Weber, Ches 2; Rep. G. Richardson, Merr 4; Rep. Benn, Graf 9; Rep. Almy, Graf 11

COMMITTEE: Special Committee on Education Funding Reform

ANALYSIS

This bill requires municipalities to assess the education tax only on the value of each taxpayer’s property after an exemption of $100,000 in assessed valuation for a maximum of one principal structure per lot that is being used for residential or commercial purposes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0782

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the assessment of the education tax by towns and cities.

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

1 Intent and Purpose. The general court finds that:

I. The availability and affordability of real estate used for residential and commercial purposes is essential for the public welfare.

II. The purpose of the exemption provided for in this chapter for residential property is to assist citizens to obtain certain basic housing at an affordable cost.

III. The purpose of the exemption provided for in this chapter for commercial property is encourage the business entrepreneurship that forms the backbone of our economy and generates employment opportunities for our citizens.

2 Education Tax. Amend RSA 76:3 to read as follows:

76:3 Education Tax. Beginning July 1, 2005, and every fiscal year thereafter, the commissioner of the department of revenue administration shall set the education tax rate at a level sufficient to generate revenue of $363,000,000 when imposed on all persons and property the value of each taxpayer’s property taxable pursuant to RSA 76:8 after an exemption of $100,000 in assessed valuation for a maximum of one principal structure per lot that is being used for residential or commercial purposes, except property subject to tax under RSA 82 and RSA 83-F. The education property tax rate shall be effective for the following fiscal year. The rate shall be set to the nearest 1/2 cent necessary to generate the revenue required in this section.

3 Assessment of Education Tax by Municipalities. Amend RSA 76:8, II to read as follows:

II. The commissioner shall issue a warrant under the commissioner’s hand and official seal for the amount computed in paragraph I to the selectmen or assessors of each municipality by December 15 directing them to assess such sum and pay it to the municipality for the use of the school district or districts and, if there is an excess education tax payment due pursuant to RSA 198:46, directing them to assess the amount of the excess payment and pay it to the department of revenue administration for deposit in the education trust fund. The education tax shall be assessed by the municipalities only on the value of each taxpayer’s property after an exemption of $100,000 in assessed valuation for a maximum of one principal structure per lot that is being used for residential or commercial purposes. Such sums shall be assessed at such times as may be prescribed for other taxes assessed by such selectmen or assessors of the municipality.

4 Effective Date. This act shall take effect July 1, 2011.

LBAO

11-0782

01/19/11

HB 238-FN-A - FISCAL NOTE

AN ACT relative to the assessment of the education tax by towns and cities.

FISCAL IMPACT:

    Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.