CHAPTER 16
HB 1063 - FINAL VERSION
16Feb2022... 0300h
03/24/2022 1119s
03/24/2022 1176s
2022 SESSION
22-2268
10/05
HOUSE BILL 1063
SPONSORS: Rep. Major, Rock. 14; Rep. Almy, Graf. 13
COMMITTEE: Ways and Means
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AMENDED ANALYSIS
This bill makes technical changes to the business profits tax, the meals and rooms tax, and the administration of taxes by the department of revenue administration. This bill also clarifies the procedure for the issuance of redevelopment district bonds by the county commissioners for an unincorporated place.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Feb2022... 0300h
03/24/2022 1119s
03/24/2022 1176s 22-2268
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
16:1 Business Profits Tax; Research and Development Credit; Application. Amend RSA 77-A:5, XIII(a)(3) to read as follows:
(3) Taxpayers shall apply for the tax credit on forms provided by the commissioner and shall be accompanied by information or records required by the commissioner. Such application shall be [postmarked] filed no later than June 30 following the tax year during which research and development occurred.
16:2 Meals and Rooms Tax; Reference to Rate Corrected. Amend RSA 78-A:7, I(a) to read as follows:
I.(a) The operator shall either state the amount of the tax to each occupant, purchaser of a meal, or renter, or state that the tax is included in the price of the occupancy, meal, or gross rental receipts received. If the amount of the tax is not separately stated, the purchaser's or occupant's contract or receipt shall include the following language:
"The [9 percent] tax on meals and rooms is included for the costs of meals and lodging only."
16:3 Department of Revenue Administration; Claim for Refund of Taxes. Amend RSA 21-J:28-a, II to read as follows:
II. After a claim for refund is filed, the department shall examine it and either issue [a notice of] the refund or grant the credit to the claimant, or issue a notice of complete or partial denial. After receipt of the department's decision, the claimant may file a written petition for reconsideration with the department as provided in RSA 21-J:28-b.
16:4 County Unincorporated Places; Redevelopment Districts. Amend RSA 33:20 to read as follows:
33:20 Redevelopment Districts in Unincorporated Places and Redevelopment District Bonds. In an unincorporated place, the county commissioners, with the approval of a majority of the county convention present and voting, may: (i) separately from, and in addition to, bonds guaranteed pursuant to RSA 162-I:9-a, authorize the issuance of bonds by the county, the source for repayment of which shall be limited to assessment revenues generated by redevelopment districts created under this section, and shall not be a general obligation of the county and not included in net indebtedness as defined in RSA 33:1, III; and (ii) establish redevelopment districts to ensure that assessment revenues generated hereunder from revitalization projects are sufficient to repay such bonds. The boundaries of the redevelopment district shall be configured so that it includes, but is not limited to, all of the property available to be developed, redeveloped, or revitalized through the issuance of such bonds, or otherwise benefiting from the improvements financed, in whole or in part, with the proceeds of any bonds issued by the county hereunder or bonds issued by the business finance authority and guaranteed pursuant to RSA 162-I:9-a. Every owner of each lot or parcel located within the redevelopment district shall be subject to an assessment. The amount of the assessment shall be sufficient to provide for repayment of the debt service related to the bond. [The] Notwithstanding any provision of law to the contrary, including RSA 28:24, the manner of sale and terms of any bonds to be issued by the county, and the amount of the assessment, payment terms and method for collection, shall be established in a financing plan prepared by the [bond recipient] project developer or developers and adopted by the county commissioners. The financing plan shall include the delegation of collection responsibilities to the county. The county commissioners may enter into such agreements as they deem necessary to ensure repayment and to implement the financing plan and including without limitation such terms and conditions as is deemed necessary to provide for the segregation and pledge of the assessments to secure repayment of the bonds. The assessment shall be used solely to pay debt service related to the bond and pay the county's expenses of establishing and administering the redevelopment district and issuing the bonds. The incremental increase in value of any project located in a redevelopment district shall be exempt from all property taxes and shall not be considered in the apportionment of county taxes to the unincorporated place, for so long as any bonds issued under this section or guaranteed pursuant to RSA 162-I:9-a, I remain outstanding. The equalization and apportionment provisions of RSA 21-J shall be applied in a manner consistent with the foregoing sentence. Any unpaid assessment under this chapter shall constitute a lien pursuant to RSA 80 on the assessed property. Collection and enforcement of assessments under this section shall be in accordance with RSA 80. The county commissioners may negotiate a payment in lieu of taxes agreement with the project developer or developers in the redevelopment district who shall also pay all fees for an independent bond counsel. In order to establish a redevelopment district, issue bonds, and adopt a financing plan hereunder, the county commissioners must find that such actions will likely create, revive, or preserve employment opportunities or increase the social or economic prosperity of the county, any of which would be in the public interest. The county commissioners may negotiate with the project developer or developers to arrange for administration of the redevelopment district, including without limitation fire protection and public safety services, and to provide funding for said administration and services through assessments on available valuation of property within the redevelopment district, fees to property owners, direct payment by a developer or developers, or other means. Under no circumstances shall the county or the unincorporated place, as issuer of a bond under this section, have any obligation of any kind to repay any of the principal or interest of the bond. In this section, "redevelopment district" in an unincorporated place means an eligible facility in an unincorporated place designated as a redevelopment district by the county commissioners.
16:5 Effective Date. This act shall take effect upon its passage.
Approved: April 11, 2022
Effective Date: April 11, 2022
| Date | Body | Type |
|---|---|---|
| Jan. 13, 2022 | House | Hearing |
| Feb. 10, 2022 | House | Exec Session |
| House | Floor Vote | |
| March 16, 2022 | Senate | Hearing |
| Senate | Floor Vote |
April 12, 2022: Signed by Governor Sununu 04/11/2022; Chapter 16; 04/11/2022
April 4, 2022: Enrolled (in recess of) 03/31/2022 HJ 9
April 1, 2022: Enrolled Adopted, VV, (In recess 03/31/2022); SJ 8
April 1, 2022: House Concurs with Senate Amendment 2022-1119s and 2022-1176s (Reps. Major, Almy): MA VV 03/31/2022 HJ 9
March 24, 2022: Ought to Pass with Amendments 2022-1119s and 2022-1176s, MA, VV; OT3rdg; 03/24/2022; SJ 6
March 24, 2022: Sen. Hennessey Floor Amendment # 2022-1176s, AA, VV; 03/24/2022; SJ 6
March 24, 2022: Committee Amendment # 2022-1119s, AA, VV; 03/24/2022; SJ 6
March 24, 2022: Sen. Hennessey Moved to Remove HB 1063 from the Consent Calendar; 03/24/2022; SJ 6
March 17, 2022: Committee Report: Ought to Pass with Amendment # 2022-1119s, 03/24/2022; Vote 5-0; CC; SC 12
March 9, 2022: Hearing: 03/16/2022, Room 100, SH, 10:00 am; SC 11
March 1, 2022: Introduced 02/24/2022 and Referred to Ways and Means; SJ 5
Feb. 23, 2022: Amendment # 2022-0300h: AA VV 02/16/2022 HJ 3
Feb. 16, 2022: Ought to Pass with Amendment 2022-0300h: MA VV 02/16/2022 HJ 3
Feb. 8, 2022: Committee Report: Ought to Pass with Amendment # 2022-0300h (Vote 21-0; CC)
Feb. 8, 2022: Executive Session: 02/10/2022 09:00 am LOB 202-204
Feb. 3, 2022: Full Committee Work Session: 02/10/2022 09:30 am LOB 202-204
Jan. 19, 2022: Full Committee Work Session: 01/26/2022 09:30 am LOB 202-204
Jan. 8, 2022: Public Hearing: 01/13/2022 09:00 am LOB 202-204
Nov. 2, 2021: To Be Introduced 01/05/2022 and referred to Ways and Means
: To Be Introduced and referred to Ways and Means