SB426: allowing municipalities to adopt a property tax exemption for certain public utility property.

SB 426 - AS INTRODUCED

2004 SESSION

04-3064

09/01

SENATE BILL 426

AN ACT allowing municipalities to adopt a property tax exemption for certain public utility property.

SPONSORS: Sen. Green, Dist 6; Rep. Stone, Rock 73

COMMITTEE: Energy and Economic Development

ANALYSIS

This bill permits municipalities to adopt a property tax exemption for certain public utility property.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3064

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT allowing municipalities to adopt a property tax exemption for certain public utility property.

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

1 Reference Change. Amend RSA 72:8-a to read as follows:

72:8-a Telecommunications Poles and Conduits. Except as provided in RSA [72:8-b] 72:8-c, all structures, poles, towers, and conduits employed in the transmission of telecommunication, cable, or commercial mobile radio services shall be taxed as real estate in the town in which such property or any part of it is situated. The valuation of such property shall be based on its value as real estate. Other devices and equipment, including wires, fiber optics, and switching equipment employed in the transmission of telecommunication, cable, or commercial mobile radio services shall not be taxable as real estate.

2 New Section; Optional Exemption for Telecommunications Poles and Conduits. Amend RSA 72 by inserting after section 8-b the following new section:

72:8-c Optional Exemption for Telecommunications Poles and Conduits. Each city and town may adopt under RSA 72:27-a an exemption from the assessed value, for property tax purposes, for persons owning property which is taxable as real estate under 72:8-a.

3 Reference Added. Amend the introductory paragraph of RSA 72:27-a, I to read as follows:

I. Any town or city may adopt the provisions of RSA 72:8-c, RSA 72:28, RSA 72:29-a, RSA 72:35, RSA 72:37, RSA 72:37-b, RSA 72:38-b, RSA 72:39-a, RSA 72:62, RSA 72:66, or RSA 72:70 in the following manner:

4 Reference Added; Current Version. 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 72:8-c, 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 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:

5 Reference Added; April 1, 2005 Version. Amend the introductory paragraph of RSA 72:33, I to read as follows:

I. No person shall be entitled to the exemptions or tax credits provided by RSA 72:8-c, 72:28, 29-a, 30, 31, 32, 35, 36-a, 37, 37-a, 37-b, 38-b, 39-b, 62, 66, and 70 unless the person has filed with the selectmen or assessors, by April 15 preceding the setting of the tax rate, 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 or tax credit is claimed and that the applicant was duly qualified upon April 1 of the year in which the exemption 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:

6 Prospective Repeal Date Changed for Exemption of Wooden Poles and Conduits Under RSA 72:8-b. Amend 1998, 304:6, I as amended by 1999, 163:7, 2001, 158:2, and 2003, 270:8 to read as follows:

I. Section 5 of this act shall take effect [July] April 1, 2004.

7 Effective Date.

I. Section 5 of this act shall take effect April 1, 2005 at 12:01 a.m.

II. The remainder of this act shall take effect April 1, 2004.