HB568 (2017) Detail

Relative to the taxability of lease interests in public property.


CHAPTER 168

HB 568-FN - FINAL VERSION

 

04/20/2017   1381s

2017 SESSION

17-0366

10/03

 

HOUSE BILL 568-FN

 

AN ACT relative to the taxability of lease interests in public property.

 

SPONSORS: Rep. Almy, Graf. 13; Rep. Abrami, Rock. 19

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill clarifies the taxability of lease interests in public property and allows for political subdivisions to adopt an exemption from the taxability requirement for land leased exclusively for agriculture.

 

This bill is a result of the commission to study the taxability of lease interests in public property established in RSA 72:79.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/20/2017   1381s 17-0366

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the taxability of lease interests in public property.

 

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

 

168:1  Property Taxation; Exemption; Lease Interests in Public Property.  Amend RSA 72:23, I(b) to read as follows:

(b)(1)  All leases and other agreements, the terms of which provide for the use or occupation by others of real or personal property owned by the state or a county, city, town, school district, or village district, entered into after July 1, 1979, shall provide for the payment of properly assessed real and personal property taxes by the party using or occupying said property no later than the due date.

(2)  [This] Subparagraph (1) shall not apply to leases of state-owned railroad properties which are subject to railroad taxes under the provisions of RSA 82 or which provide revenue to the state, a portion of which is distributed to cities and towns pursuant to RSA 228:69, I(a).

(3)  Any political subdivision of the state may adopt as an exemption from the requirement of subparagraph (1) land leased exclusively for agriculture as defined in RSA 21:34-a, II.

(4) All [such] leases and agreements described in subparagraph (1) unless exempted under subparagraphs (2) or (3) shall include a provision that "failure of the lessee to pay the duly assessed personal and real estate taxes when due shall be cause to terminate said lease or agreement by the lessor.''  All such leases and agreements entered into on or after January 1, 1994, shall clearly state the lessee's obligations regarding the payment of both current and potential real and personal property taxes, and shall also state whether the lessee has an obligation to pay real and personal property taxes on structures or improvements added by the lessee.  Failure of the lease to contain the precise language of this subparagraph shall not affect the occupant's obligation to pay property taxes.

168:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 28, 2017

Effective Date: June 28, 2017

 

 

 

Links

HB568 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2017 House Hearing
Feb. 7, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote
March 7, 2017 House Hearing
March 15, 2017 House Exec Session
March 23, 2017 House Floor Vote
April 12, 2017 Senate Hearing
April 20, 2017 Senate Floor Vote
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB568 Revision: 536 Date: June 29, 2017, 2:37 p.m.
HB568 Revision: 537 Date: June 1, 2017, 10:56 a.m.
HB568 Revision: 538 Date: April 27, 2017, 4:13 p.m.
HB568 Revision: 539 Date: Jan. 25, 2017, 3:31 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Municipal and County Government HJ 3 P. 19
Jan. 31, 2017 Public Hearing: 01/31/2017 11:40 AM LOB 301
Feb. 7, 2017 Executive Session: 02/07/2017 01:00 PM LOB 301
Feb. 15, 2017 Committee Report: Ought to Pass for 02/15/2017 (Vote 17-0; CC) HC 11 P. 14
Feb. 15, 2017 Ought to Pass: MA VV 02/15/2017 HJ 7 P. 18
Feb. 15, 2017 Referred to Ways and Means 02/15/2017 HJ 7 P. 18
March 7, 2017 Public Hearing: 03/07/2017 11:00 AM LOB 202
March 15, 2017 Executive Session: 03/15/2017 LOB 202
March 23, 2017 Committee Report: Ought to Pass for 03/23/2017 (Vote 20-1; CC) HC 16 P. 4
March 23, 2017 Ought to Pass: MA VV 03/23/2017 HJ 11 P. 7
March 23, 2017 Introduced 03/23/2017 and Referred to Public and Municipal Affairs; SJ 11
April 12, 2017 Hearing: 04/12/2017, Room 102, LOB, 09:00 am; SC 18
April 20, 2017 Committee Report: Ought to Pass with Amendment # 2017-1381s, 04/20/2017; Vote 5-0; CC; SC 19
April 20, 2017 Committee Amendment # 2017-1381s, AA, VV; 04/20/2017; SJ 14
April 20, 2017 Ought to Pass with Amendment 2017-1381s, MA, VV; Refer to Finance Rule 4-5; 04/20/2017; SJ 14
May 11, 2017 Committee Report: Ought to Pass, 05/11/2017; SC 22
May 11, 2017 Ought to Pass: RC 18Y-5N, MA; OT3rdg; 05/11/2017; SJ 16
June 1, 2017 House Concurs with Senate Amendment 1381s (Reps. J. Belanger, Major): MA VV 06/01/2017 HJ 17 P. 3
June 8, 2017 Enrolled (In recess 06/08/2017); SJ 20
June 8, 2017 Enrolled 06/08/2017 HJ 18 P. 9
June 28, 2017 Signed by Governor Sununu 06/28/2017; Chapter 168; eff 06/28/17