Revision: March 23, 2012, midnight
SB 382-FN-LOCAL – AS AMENDED BY THE SENATE
03/21/12 1218s
2012 SESSION
10/09
SENATE BILL 382-FN-LOCAL
AN ACT allowing for proration of property assessments for damaged buildings.
SPONSORS: Sen. Forrester, Dist 2; Sen. Boutin, Dist 16; Sen. Barnes, Jr., Dist 17; Rep. Accornero, Belk 4; Rep. Chandler, Carr 1; Rep. Greemore, Belk 3
This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/12 1218s
12-2862
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT allowing for proration of property assessments for damaged buildings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Property Tax Year. Amend RSA 76:2 to read as follows:
76:2 Property Tax Year. The property tax year shall be April 1 to March 31 and all property taxes shall be assessed on the inventory taken in April of that year, except for prorated assessments on damaged buildings under RSA 76:21.
2 New Subdivision; Prorated Assessments for Damaged Buildings. Amend RSA 76 by inserting after section 20 the following new subdivision:
Prorated Assessments for Damaged Buildings
76:21 Prorated Assessments for Damaged Buildings.
I. Whenever, after the beginning of the tax year on April 1 and until the date that the local tax rate has been approved for that tax year, a building containing a residential dwelling unit or no more than 4 residential units is damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy, the assessing officials shall prorate the assessment for the building for the current tax year.
II. The proration of the building assessment shall be based on the number of days that the building was available for occupancy divided by the number of days in the tax year, multiplied by the building assessment. The number of days counted shall include the actual days unavailable for occupancy, or will extend to the end of the tax year if the property is not available for occupancy on the date that the local tax rate has been approved for that tax year.
III. A person aggrieved of a property tax for a building damaged as provided in paragraph I shall file an application with the assessing officials in writing no later than the date that the local tax rate has been approved for that tax year.
IV. Proration of the assessment shall be denied if the assessing officials determine that the applicant did not meet the requirements of this section or acted in bad faith.
V. The total tax reduction from proration under this section for any city or town shall be limited to an amount equal to ½ of one percent of the total property taxes committed in the tax year. If the assessing officials determine that it is likely that this limit will be reached, the proration shall not be applied to any additional properties.
VI. Nothing in this section shall limit the ability of the assessing officials to abate taxes for good cause shown pursuant to RSA 76:16.
VII. Appeals of a decision under this section shall be to the board of tax and land appeals or the superior court as set forth in RSA 76:16-a or RSA 76:17.
3 Effective Date. This act shall take effect April 1, 2013.
LBAO
12-2862
12/21/11
SB 382-FN-LOCAL - FISCAL NOTE
AN ACT allowing for proration of property assessments for damaged buildings.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Revenue Administration. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.