Bill Text - HB1421 (2020)

(New Title) establishing a commission to study the equalization rate used for the calculation of a property tax abatement by the New Hampshire board of tax and land appeals, the superior court, and all cities, towns, and counties.


Revision: Dec. 3, 2019, 8:55 a.m.

HB 1421-LOCAL - AS INTRODUCED

 

 

2020 SESSION

20-2283

05/10

 

HOUSE BILL 1421-LOCAL

 

AN ACT relative to the application of the equalization rate to be used for the calculation of a property tax abatement by the New Hampshire board of tax and land appeals, the superior court, and all cities, towns, and counties.

 

SPONSORS: Rep. Merner, Coos 7; Rep. French, Graf. 14; Rep. McGhee, Hills. 40

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill requires that the weighted mean equalization rate for the preceding tax year be used for property tax abatements.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2283

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the application of the equalization rate to be used for the calculation of a property tax abatement by the New Hampshire board of tax and land appeals, the superior court, and all cities, towns, and counties.

 

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

 

1  New Paragraph; Abatement of Taxes; By Selectmen or Assessors; Equalization Rate.  Amend RSA 76:16 by inserting after paragraph II the following new paragraph:

II-a.  The selectmen or assessors shall apply the weighted mean equalization rate established by the commissioner of revenue administration for the property tax year preceding the one for which the request for abatement is filed to any application made under this section.  In no case shall an equalization rate not yet available to the local assessing officials at the time the summary inventory of valuation was submitted to the department of revenue administration under RSA 21-J:34, I, be used to determine fair market value for purposes of an abatement under this section.

2 New Paragraph; Abatement of Taxes; Board of Tax and Land Appeals; Equalization Rate.  Amend RSA 76:16-a by inserting after paragraph IV the following new paragraph:

IV-a.  The board shall apply the weighted mean equalization rate established by the commissioner of revenue administration for the property tax year preceding the one for which relief is sought in an abatement appeal under this section.  In no case shall an equalization rate not yet available to the local assessing officials at the time the summary inventory of valuation was submitted to the department of revenue administration under RSA 21-J:34, I, be used by the board to determine fair market value for purposes of an abatement under this section.

3  Abatement of Taxes; By Court; Equalization Rate.  Amend RSA 76:17 to read as follows:

76:17  By Court.  If the selectmen neglect or refuse so to abate in accordance with RSA 76:16, I(b), any person aggrieved, having complied with the requirements of RSA 74, may, in lieu of appealing pursuant to RSA 76:16-a, apply by petition to the superior court in the county, which shall make such order thereon as justice requires.  The appeal shall be filed on or before September 1 following the date of notice of tax under RSA 76:1-a, and not afterwards.  If the appeal is filed before July 1 following the date of notice of tax, the person aggrieved shall state in the appeal to the court the date of the municipality's decision on the RSA 76:16, I(b) application.  The court shall apply the weighted mean equalization rate established by the commissioner of revenue administration for the property tax year preceding the one for which relief is sought in an abatement appeal under this section.  In no case shall an equalization rate not yet available to the local assessing officials at the time the summary inventory of valuation was submitted to the department of revenue administration under RSA 21-J:34, I, be used by the court to determine fair market value for purposes of an abatement under this section.

4  Effective Date.  This act shall take effect April 1, 2021.