Revision: June 12, 2018, 10:19 a.m.
CHAPTER 182
HB 1473-FN - FINAL VERSION
6Mar2018... 0312h
04/19/2018 1462s
2018 SESSION
18-2421
05/10
HOUSE BILL 1473-FN
AN ACT relative to the timber yield tax.
SPONSORS: Rep. Spang, Straf. 6
COMMITTEE: Resources, Recreation and Development
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AMENDED ANALYSIS
This bill:
I. Permits a municipality to waive the yield tax on land owned by the municipality.
II. Provides that, unless a bond has been required, a supplemental notice to cut shall not be required when the total volume of the cut is not more than 25 percent of the volume reported in the notice of intent to cut.
III. Requires the municipality to provide public notice of an intent to cut before it is signed by assessing officials.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2018... 0312h
04/19/2018 1462s 18-2421
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the timber yield tax.
Be it Enacted by the Senate and House of Representatives in General Court convened:
182:1 New Section; Forest Conservation and Taxation; Waiver of Yield Tax by Municipality in Certain Cases. Amend RSA 79 by inserting after section 3-a the following new section:
79:3-b Waiver of Yield Tax by Municipality in Certain Cases. When timber harvesting is conducted on land owned by, and located in, a municipality, the municipality may waive the yield tax, but shall report the location, species, and volume of wood and timber cut to the commissioner of revenue administration, who shall send one copy of the report to the division of forests and lands of the department of natural and cultural resources.
182:2 Forest Conservation and Taxation; Notice of Intent to Cut. Amend RSA 79:10, I(a) and (b) to read as follows:
I.(a) Every owner, as defined in RSA 79:1, II, shall, prior to commencing each cutting operation and at the beginning of each new tax year into which the cutting operation shall continue, file with the proper assessing officials in the city, town, or unincorporated place where such cutting is to take place a notice of intent to cut provided by the commissioner of revenue administration, stating the owner's name, residence, an estimate of the volume of each species to be cut, and such other information as may be required. Except when a bond is required pursuant to RSA 79:3-a or RSA 79:10-a, II, a supplemental notice of intent shall not be required when the total volume of the cut exceeds the total volume reported in the intent to cut by less than 25 percent. When required, the supplemental notice shall be filed in the same manner for any additional volume of wood or timber to be cut in excess of the original estimate and within the tax year.
(b) Any intent received by a city, town, or unincorporated place shall, within [30] 15 days, be assigned a number in accordance with the guidelines provided by the commissioner of revenue administration, and be signed by the assessing officials if all conditions for approval have been met. Public notice shall be posted for any intent to cut received by a municipality before it is signed by assessing officials. The notice shall be posted in the 2 places where the municipality regularly posts notices of its governing body meetings. Notwithstanding RSA 91-A, the assessing officials may sign the intent to cut outside a public meeting. If the conditions for approval have not been met, the assessing officials shall send a letter to the owner or the person responsible for cutting, explaining the reason for the intent not being signed. The assessing officials shall immediately forward any signed intent to the commissioner of revenue administration and shall also supply a copy to the owner upon request. Failure of the assessing officials to forward signed intent to cut forms to the department of revenue administration shall constitute a violation.
182:3 Effective Date. This act shall take effect September 1, 2018.
Approved: June 08, 2018
Effective Date: September 01, 2018