HB1182: allowing municipalities to adopt a property tax exemption for long-time resident elderly persons.

HB 1182-FN - AS INTRODUCED

2003 SESSION

03-2148

10/09

HOUSE BILL 1182-FN

AN ACT allowing municipalities to adopt a property tax exemption for long-time resident elderly persons.

SPONSORS: Rep. McKinney, Rock 75

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows towns and cities to adopt a property tax exemption for property owners over 65 years of age who have resided in the same location for 20 consecutive years.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2148

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT allowing municipalities to adopt a property tax exemption for long-time resident elderly persons.

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

1 Application for Tax Credit; Reference Added. Amend the introductory paragraph of RSA 72:33, I to read as follows:

I. Except as provided in RSA 72:33-b, no person shall be entitled to the exemptions, deferrals, or tax credits provided by RSA 72:28, 29-a, 30, 31, 32, 35, 36-a, 37, 37-a, 37-b, 38-a, 38-b, 39-b, 62, 66, [and] 70, and 73 unless the person has filed with the selectmen or assessors, by March 1 following the date of notice of tax under RSA 72:1-d, a permanent application therefor, signed under penalty of perjury, on a form approved and provided by the commissioner of revenue administration, showing that the applicant is the true and lawful owner of the property on which the exemption, deferral, or tax credit is claimed and that the applicant was duly qualified upon April 1 of the year in which the exemption, deferral, or tax credit is first claimed, or, in the case of financial qualifications, that the applicant is duly qualified at the time of application. The form shall include the following and such other information deemed necessary by the commissioner:

2 Appeal from Refusal to Grant; Reference Added. Amend RSA 72:34-a to read as follows:

72:34-a Appeal From Refusal to Grant Exemption, Deferral, or Tax Credit. Whenever the selectmen or assessors refuse to grant an applicant an exemption, deferral, or tax credit to which the applicant may be entitled under the provisions of RSA 72:23, 23-d, 23-e, 23-f, 23-g, 23-h, 23-i, 23-j, 23-k, 28, 29-a, 30, 31, 32, 35, 36-a, 37, 37-a, 37-b, 38-a, 38-b, 39-a, 39-b, 41, 42, 62, 66, [or] 70, or 73 the applicant may appeal in writing, on or before September 1 following the date of notice of tax under RSA 72:1-d, to the board of tax and land appeals or the superior court, which may order an exemption, deferral, or tax credit, or an abatement if a tax has been assessed.

3 New Subdivision; Exemption for Elderly Long-Time Residents. Amend RSA 72 by inserting after section 72 the following new subdivision:

Exemption for Elderly Long-Time Residents

72:73 Exemption for Elderly Long-Time Residents; Procedure for Adoption.

I. A town or city adopting the provisions of this section shall exempt $50,000 of the assessed value of a taxable property for qualifying owners of residential real estate who are at least 65 years of age and have maintained the same principal residence in the municipality for at least 20 consecutive years. The term "residential real estate" as used in this section shall mean the same as defined in RSA 72:29. All applications made under this section shall be subject to the provisions of RSA 72:33 and RSA 72:34.

II. The exemption in paragraph I shall apply only to property taxes on property which is occupied as the principal place of abode by the applicant, and shall not be granted to any applicant who is also granted the elderly exemption pursuant to RSA 72:39-a and RSA 72:39-b.

III. Any town or city may adopt the provisions of paragraphs I and II in the following manner:

(a) In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3.

(b) In a city or town that has adopted a charter pursuant to RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such municipality may vote to place the question on the official ballot for any regular municipal election.

IV. The vote shall specify the provisions of the exemption provided in RSA 72:73. The exemption shall take effect in the tax year beginning April 1 following its adoption.

V. A municipality may rescind the exemption provided by this section in the manner described in paragraph III.

4 Effective Date. This act shall take effect April 1, 2004.

LBAO

03-2148

7/3/03

HB 1182-FN - FISCAL NOTE

AN ACT allowing municipalities to adopt a property tax exemption for long-time resident elderly persons.

FISCAL IMPACT:

The Department of Revenue Administration and New Hampshire Municipal Association state this bill will have no fiscal impact on state, county, and local revenue or expenditures.

METHODOLOGY:

The Department of Revenue Administration and New Hampshire Municipal Association state this bill would allow municipalities to adopt a property tax exemption for long-time resident elderly taxpayers. This bill would establish a new local option and would have no mandated impact on municipalities, and would shift the tax burden among taxpayers. Passage of this bill would not result in a fiscal impact.