SB57 (2019) Compare Changes


The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.

Unchanged Version

Text to be removed highlighted in red.

1 Utility Property Tax; Rate of Tax. Amend RSA 83-F:2 to read as follows:

83-F:2 Tax Imposed.

I. For taxable periods beginning April 1, 1999 to April 1, 2019, a tax is imposed upon the value of utility property at the rate of $6.60 on each $1,000 of such value, to be assessed annually as of April 1, and every year thereafter, and paid in accordance with this chapter.

II. For the taxable period beginning April 1, 2020, a tax is imposed upon the value of utility property at the rate of $4.95 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

III. For the taxable period beginning April 1, 2021, a tax is imposed upon the value of utility property at the rate of $3.30 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

IV. For the taxable period beginning April 1, 2022, a tax is imposed upon the value of utility property at the rate of $1.65 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

2 Reference Deleted; Treasurer Accounts. Amend RSA 6:12, I(b)(65) to read as follows:

(65) Money received under RSA 77-A, RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, RSA 284:44 and RSA 284:47, and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39.

3 Reference Deleted; Board of Tax and Land Appeals. Amend RSA 71-B:7-a to read as follows:

71-B:7-a Representation by Nonattorneys. Nonattorneys may commonly represent taxpayers in RSA 76:16, and RSA 76:16-a, and RSA 83-F appeals before municipalities and the board. Nothing in this section shall prevent the board from denying representation by any individual it deems to be improper, inappropriate, or unable to adequately represent the interests of the taxpayer.

4 Renewable Generation Facilities; Payment in Lieu of Taxes. Amend RSA 72:74, II to read as follows:

II. A renewable generation facility subject to a voluntary agreement to make a payment in lieu of taxes under this section shall be subject to the laws governing the utility property tax under RSA 83-F. Payments made pursuant to such agreement a voluntary agreement to make a payment in lieu of taxes under this section shall satisfy any tax liability relative to the renewable generation facility that otherwise exists under RSA 72. The payment in lieu of taxes shall be equalized under RSA 21-J:3, XIII in the same manner as other payments in lieu of taxes. In the absence of a payment in lieu of taxes agreement, the renewable generation facility shall be subject to taxation under RSA 72.

5 Reference Deleted; 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 taxable pursuant to RSA 76:8, 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.

6 Reference Deleted; Education Tax Warrant. Amend RSA 76:8, I(a) to read as follows:

I.(a) The commissioner shall annually determine a municipality's tax base for the education tax by subtracting from the total equalized valuation of all property, as determined under RSA 21-J:3, XIII for the preceding year, property that was then taxable under RSA 82 and RSA 83-. In determining the tax base, the value of any utility property that is included in the total equalized valuation upon which the statewide education property tax is computed, and is also taxable under RSA 83-F for that year, shall also be subtracted from the tax base, provided the sum value of the utility property represents at least 5 percent of the total equalized value of all property, except property taxable under RSA 82 or RSA 83-F in the preceding year.

7 Repeal of Utility Property Tax; 2023. The following are repealed:

I. RSA 83-F, relative to the utility property tax.

II. RSA 198:39, I(f), relative to utility property tax funds paid to the education trust fund.

8 Effective Date.

I. Sections 2-7 of this act shall take effect April 1, 2023.

II. The remainder of this act shall take effect July 1, 2019.

Changed Version

Text to be added highlighted in green.

1 Utility Property Tax; Rate of Tax. Amend RSA 83-F:2 to read as follows:

83-F:2 Tax Imposed.

I. For taxable periods beginning April 1, 1999 to April 1, 2019, a tax is imposed upon the value of utility property at the rate of $6.60 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

II. For the taxable period beginning April 1, 2020, a tax is imposed upon the value of utility property at the rate of $4.95 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

III. For the taxable period beginning April 1, 2021, a tax is imposed upon the value of utility property at the rate of $3.30 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

IV. For the taxable period beginning April 1, 2022, a tax is imposed upon the value of utility property at the rate of $1.65 on each $1,000 of such value, to be assessed as of April 1, and paid in accordance with this chapter.

2 Reference Deleted; Treasurer Accounts. Amend RSA 6:12, I(b)(65) to read as follows:

(65) Money received under RSA 77-A, RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 284:44 and RSA 284:47, and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39.

3 Reference Deleted; Board of Tax and Land Appeals. Amend RSA 71-B:7-a to read as follows:

71-B:7-a Representation by Nonattorneys. Nonattorneys may commonly represent taxpayers in RSA 76:16, and RSA 83-FA renewable generation facility subject to a voluntary agreement to make a payment in lieu of taxes under this section shall be subject to the laws governing the utility property tax under RSA 83-F.such agreementand RSA 83-Fand RSA 83-. In determining the tax base, the value of any utility property that is included in the total equalized valuation upon which the statewide education property tax is computed, and is also taxable under RSA 83-F for that year, shall also be subtracted from the tax base, provided the sum value of the utility property represents at least 5 percent of the total equalized value of all property, except property taxable under RSA 82 or RSA 83-F in the preceding year*.

7 Repeal of Utility Property Tax; 2023. The following are repealed:

I. RSA 83-F, relative to the utility property tax.

II. RSA 198:39, I(f), relative to utility property tax funds paid to the education trust fund.

8 Effective Date.

I. Sections 2-7 of this act shall take effect April 1, 2023.

II. The remainder of this act shall take effect July 1, 2019.