HB 747-FN-A-LOCAL - AS INTRODUCED

1999 SESSION

HOUSE BILL 747-FN-A-LOCAL

AN ACT relative to the education property tax and adequate education grants.

SPONSORS: Rep. Sapareto, Rock 13; Rep. Sabella, Rock 13

COMMITTEE: Finance

ANALYSIS

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Explanation: Matter added to current law appears in bold italics.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

AN ACT relative to the education property tax and adequate education grants.

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

1 New Chapter; Statewide Education Property Tax. Amend RSA by inserting after chapter 76 the following new chapter:

CHAPTER 76-A

STATEWIDE EDUCATION PROPERTY TAX

76-A:1 Definitions. In this chapter:

76-A:2 Statewide Education Property Tax Established.

76-A:3 Apportionment. The commissioner, before December 15 of every year, shall apportion the amount to be raised by each municipality according to its proportion of the equalized assessed valuation of the state from the most recently available equalization survey. The commissioner shall report the amounts assessed against each municipality to the state treasurer and to each municipality.

76-A:4 Time of Assessment and Payment. The statewide education property tax shall be deemed assessed on April 1 in each year and is payable on demand to the education trust fund on or after said date.

76-A:5 Collection. The assessing officials for each municipality shall make a list of all statewide education property taxes by them assessed against property under their hands and seals to the tax collector, directing the tax collector to collect the statewide education property taxes along with other property taxes. It shall be listed as a separate line on the single municipal property tax bill. Upon application by the assessing officials, the commissioner for good cause may extend the time for delivery of the statewide education property tax warrant.

76-A:6 Remedies for Collection. The statewide education property tax may be collected by all of the means and methods provided for the collection of property taxes under RSA 80.

76-A:7 Interest and Charges for Nonpayment. Nonpayment of the statewide education property tax shall incur the same charges and interest accruing to municipalities as are imposed by law for nonpayment of property taxes.

76-A:8 Liability of Cities and Towns. Each municipality shall be liable to the state for all statewide education property taxes lawfully assessed in such municipality.

76-A:9 Payment to State. Each municipality shall cause its tax collector to certify such information as the state treasurer shall require, and shall cause its treasurer to pay over to the state treasurer, less any payments due from the state treasurer or which would be due to the state treasurer attributable to this chapter, 25 percent, of the assessed statewide property taxes on each of the following dates: July 1, October 1, January 1, and April 1.

76-A:10 Failure to Make Payment. If any municipality fails to make payments as provided in this chapter:

76-A:11 Extents. The state treasurer may also issue an extent for the amounts of all statewide education property taxes not remitted by any municipality as provided in this chapter.

76-A:12 Supplementary Bond of Collector. Whenever the commissioner considers it necessary, a tax collector may be required to furnish a further and additional bond beyond that required by other provisions of law, with sureties, in such form and amount as the commissioner approves. The additional premium costs shall be paid by the state from the education trust fund established by RSA 198:39.

76-A:13 Disposition of Taxes. All funds received by the state treasurer under the provisions of this chapter shall be deposited in the education trust fund established by RSA 198:39.

Statewide Education Property Tax Relief

76-A:14 Claims for Statewide Education Property Tax Relief.

76-A:15 Rebate to Claimant. Within 30 days of receipt of a claim, the municipality shall reduce the claimant's tax bill by the qualifying excess education property taxes. Where more than one tax bill is issued by the municipality, the excess education property taxes shall be divided proportionally between the bills. Timely payment to the municipality of net taxes by the claimant is not required to receive the tax reduction under this chapter.

76-A:16 Reports of Claims. Municipalities shall report to the department by April 1 of each year on the total amount of rebates made under RSA 76-A:15. By April 15 of each year, the department shall report to the state treasurer the total amount of rebates made by each municipality under RSA 76-A:15.

76-A:17 Reimbursement to Municipalities for Claims. Within 30 days of receipt of the report by the department required under RSA 76-A:16, the state treasurer shall reimburse municipalities for the total of qualified claims received under RSA 76-A:15. Such payments shall be charged against the education trust fund established in RSA 198:39.

76-A:18 One Claimant Per Household. Only one claimant per household per year shall be entitled to relief under this subdivision.

76-A:19 Claim is Personal. The right to file a claim under this subdivision shall be personal to the claimant. The right to file a claim under this subdivision shall survive the claimant's death to the extent that this right may be exercised on behalf of a claimant by a legal guardian, attorney, spouse, or another person who could have qualified as the claimant had the decedent not filed.

76-A:20 Administration; Rulemaking.

76-A:21 Forms for Claim.

76-A:22 Verification of Claim; Redetermination.

76-A:23 Fraudulent Claims; Penalty. A person shall be guilty of a class A misdemeanor who:

76-A:24 Appeals. Any person aggrieved by the denial in whole or in part of a claim under this subdivision, except when the denial is based upon late filing of claim, may appeal the denial to the board of tax and land appeals or to the superior court in the county in which the person resides by filing a petition within 30 days after such denial. Procedures for an appeal of a denial of a claim shall be the same as the procedures for an appeal of a denial of an abatement of property tax under RSA 76:16-a-76:17.

76-A:25 Claim Applied Against Outstanding Liabilities. The amount of any claim otherwise payable under this subdivision may be applied by the municipality against any liability outstanding against the claimant or against anyone who was a member of the household in the taxable year to which the claim relates.

198:40-a Determination of the Maximum Tax Effort Per Pupil. The maximum tax effort per pupil is set at the equalized rate of $5 using the latest available equalization survey for equalized value.

198:40-b Supplemental Distributions to Cap Tax Effort per Pupil. Any municipality for which there is a dollar amount needed to reduce the municipality's tax effort per pupil to an equalized rate of $5 for education spending greater than provided by the education trust fund and all other non-municipal sources for the last completed school year for any fiscal year shall be entitled to a quarterly supplemental distribution over the next school year equal to that amount which would have reduced the municipality's tax effort per pupil, in the immediately preceding tax year, as defined in RSA 198:38, XII, to a rate of $5 based on equalized assessed valuation. Such supplemental distributions shall be distributed in the same manner as adequate education grants under RSA 198:42.

9 New Section; Use of Funds. Amend RSA 198 by inserting after section 43 the following new section:

198:43-a Use of Funds.

HB 747-FN-A-LOCAL - FISCAL NOTE

AN ACT relative to the education property tax and adequate education grants.

FISCAL IMPACT: