Bill Text - HB1207 (2012)

Defining the owner of timber rights for purposes of timber tax assessment.


Revision: April 27, 2012, midnight

HB 1207-FN – AS AMENDED BY THE SENATE

7Mar2012… 0680h

04/25/12 1710s

2012 SESSION

12-2461

10/09

HOUSE BILL 1207-FN

AN ACT defining the owner of timber rights for purposes of timber tax assessment.

SPONSORS: Rep. Daugherty, Coos 1; Rep. Rappaport, Coos 1

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill changes the definition of an owner of timber rights for purposes of the timber tax under RSA 79.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2012… 0680h

04/25/12 1710s

12-2461

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT defining the owner of timber rights for purposes of timber tax assessment.

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

1 Forest Conservation and Taxation; Definition of Owner. RSA 79:1, II(a) is repealed and reenacted to read as follows:

II.(a) “Owner” means:

(1) For purposes of joint tenants or joint tenants with rights of survivorship, every owner that holds title to the subject property.

(2) For purposes of tenants-in-common, any one or more of the tenants-in-common that hold title to the subject property. For purposes of RSA 79:10, I(a), any one or more of tenants-in-common may sign an intent to cut. Provided, however, that non-signing tenants-in-common shall have been notified by certified mail by the applicant of the intent to cut at least 30 days prior to cutting and that a bond or surety is filed to secure payment of the yield tax if any tenant-in-common does not sign or give a power of attorney to sign a notice of intent to cut.

(3) A previous owner who retains timber rights to land and who registers his or her claim with the registry of deeds.

(4) Any person who has purchased stumpage and cutting rights on public lands.

2 Effective Date. This act shall take effect July 1, 2012.

LBAO

12-2461

11/02/11

HB 1207-FN - FISCAL NOTE

AN ACT defining the owner of timber rights for the purposes of timber tax assessment.

FISCAL IMPACT:

      The New Hampshire Municipal Association states this bill may have an indeterminable impact on local revenues and expenditures in FY 2013 and each year thereafter. This bill will have no impact on state and county revenues or expenditures.

METHODOLOGY:

    The New Hampshire Municipal Association states this bill changes the definition of owner for the purpose of the timber tax. The Association states it is unclear who among the tenants-in-common may be liable for the timber tax and therefore to the extent collecting the tax becomes more difficult, municipalities may have increased collection costs, lost revenue, or both in FY 2013 and each year thereafter.

    The Department of Revenue Administration states it does not anticipate a difference in the amount of revenue collected or the number of timber cutting operations and states this bill will have no impact on state, county, and local revenues or expenditures.