CHAPTER Rev
1900 MUNICIPAL MATTERS
Statutory
authority: RSA 21-J:13, IV
PART Rev 1901 GENERAL DEFINITIONS
Rev 1901.01 "Abatement" means a complete or
partial cancellation of a tax levy, special assessment, interest
or service charge imposed by a governmental unit.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1901.02 "Assessing officials" means those
charged by RSA 41:2-g with the duty of assessing and abating taxes in the city,
town or unincorporated place.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1901.03 "Cash receipts journal" means a
chronological record showing details of the source and amount of each receipt,
the names of the payors and the cumulative amount of receipts for each fiscal
period.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1901.04 “Commissioner” means the commissioner of the
department of revenue administration or the commissioner’s designee.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1901.05 “Department” means the
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1901.06 "Fiscal period" means “fiscal year” as described in RSA
31:94, and "optional fiscal year", as described in RSA
31:94-a.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1901.07 “Governing body” means “governing body” as
defined in RSA 21:48.
Source. #10582, eff 5-2-14
Rev 1901.08 “Legislative body” means “legislative body”
as defined in RSA 21:47.
Source. #10582, eff 5-2-14
Rev 1901.09 "Municipality" means a county,
unincorporated place, city, town, school district, village district or
precinct, or solid waste management districts.
Source. #10582, eff 5-2-14
(from Rev 1901.05)
Rev 1901.10 "Year's end" means December 31
unless the municipality has adopted the optional fiscal year, in which case
"year end" or "year end date" means June 30.
Source. #10582, eff 5-2-14
(from Rev 1901.06)
PART Rev 1902
CLOSING OF BOOKS AND ACCOUNTS
Rev 1902.01 Fiscal Year. Municipalities operating on a fiscal year
shall close the books and accounts of all officials as of December 31, except
as provided in Rev 1902.03, below.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1902.02 Optional Fiscal Year. Municipalities operating on an optional
fiscal year shall close the books and accounts of all officials as of June 30,
except as provided in Rev 1902.03, below.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1902.03 Year-End Receipts.
(a)
Municipal treasurers shall remit all receipts to the municipality
before the close of the year-end date.
(b)
Municipal treasurers may arrange to hold their accounts open for a
period not to exceed 10 business days after year's end so all receipts through
the close of the year's end date from any fiscal officials may be remitted
timely.
(c) All
receipts remitted in (a) and (b) above shall be correctly recorded in the
treasurer's report for the fiscal period.
(d)
Municipal treasurers shall deposit all funds including cash and checks,
on the year-end date or as soon as possible within the 10-day period.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
PART Rev 1903 SURETY BONDING OF MUNICIPAL OFFICIALS
Rev 1903.01 Definitions. For purposes of this part:
(a)
"Continuation certificate" means a legal document between the
municipality and the bonding agency used to extend the life of an original
position schedule bond.
(b)
"Discovery period" means the limited time
period for discovering losses and bringing claims for recovery under
position schedule bonds.
(c)
"Position schedule bond" means an insurance policy to cover
losses suffered through the act(s) of a municipal official or employee.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1903.02 Format Requirements for Bond Instruments.
(a)
Pursuant to RSA 41:6, the position schedule bond may be issued for
either a one-year or a multiple-year period of coverage.
(b)
A multiple-year period of coverage bond shall:
(1) State that the amount of coverage per position
shall be on a yearly basis; and
(2) Be cumulative to the extent of such limits in
each year of the bond.
(c)
All position schedule bond(s) shall:
(1) Present a schedule showing:
a. Names of the elected or appointed officials that
are covered;
b. The number of officials occupying each
position; and
c. The amount of coverage on each official;
(2) Indicate the beginning and ending term dates;
and
(3) Include the signatures of the
attorney-in-fact and the witness to the attorney-in-fact.
(d)
The position bond
schedule shall be extended by means of a continuation certificate which:
(1) Becomes effective on the anniversary of the
initial date of the position schedule bond in order to provide continuous coverage;
(2) States the beginning and ending term dates;
(3) States the new amount of coverage for each official;
(4) Stipulates the limit of the coverage for each
position stated in the original bond and all continuations of that original
bond shall be cumulative to the extent of the limits stated in the original
bond in each year;
(5) Includes the signatures of the
attorney-in-fact and the witness to the attorney-in-fact; and
(6) Is intended by the parties to have the legal
effect of a new and separate obligation issued for the period stated therein.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1903.03 Effective Dates.
(a)
The date of the initial
bond shall coincide with the date of the election of municipal officials, except
for the effective date of the bond of the boat permit fee agent.
(b)
The beginning and ending term dates of the bond for the boat permit fee
agent shall be one of the following:
(1) January 1 to December 31 of any year; or
(2) From the date of the municipal official’s oath
of office to December 31 of any year.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1903.04 Discovery Period. The discovery period shall:
(a) Be
consistent with applicable statutes of limitations; and
(b) Apply to either the
termination of:
(1) The bond as an entirety; or
(2) The term of office of any person filling any
position stated in the schedule.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1903.05 Cost of the Bonds.
(a)
The cost of the bond shall be paid by the respective municipality,
pursuant to RSA 41:6, III, and RSA 149-M:17, III.
(b)
To operate within the bounds of RSA 31:95 and RSA 32:5, the cost of the
bonds shall be appropriated annually
whether the undertaking is issued for a one-year period or a multiple-year
period of coverage.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1903.06 Minimum Bond Requirements for Municipal
Officials.
(a)
The schedule for
determining minimum bond requirements shall be:
(1) Based on the amounts of estimated collections
for each position bonded;
(2) Computed using Table 1900.1 below:
Table
1900.1 Minimum Bond Requirements
|
COLLECTIONS From |
To |
BOND REQUIRED |
|
$1 |
$ 5,000 |
$1,000 |
|
5,001 |
10,000 |
2,000 |
|
10,001 |
20,000 |
3,000 |
|
20,001 |
35,000 |
7,000 |
|
35,001 |
50,000 |
8,000 |
|
50,001 |
65,000 |
10,000 |
|
65,001 |
80,000 |
12,000 |
|
80,001 |
100,000 |
15,000 |
|
|
|
|
|
100,001 |
140,000 |
17,000 |
|
140,001 |
180,000 |
22,000 |
|
180,001 |
220,000 |
27,000 |
|
220,001 |
260,000 |
32,000 |
|
260,001 |
300,000 |
36,000 |
|
|
|
|
|
300,001 |
375,000 |
38,000 |
|
375,001 |
450,000 |
40,000 |
|
450,001 |
550,000 |
42,000 |
|
550,001 |
650,000 |
44,000 |
|
650,001 |
750,000 |
46,000 |
|
750,001 |
850,000 |
48,000 |
|
850,001 |
925,000 |
50,000 |
|
925,001 |
1,000,000 |
52,000 |
|
Greater than
1,000,000 |
|
52,000, plus 1%
of excess of $1,000,000 in estimated revenues |
(b)
The minimum bond
requirements shall apply to the following municipal officials:
(1) Tax collectors;
(2) Deputy tax collectors, except for cities
where the deputy shall be bonded at 50% of the estimated taxes collected by the
tax collector's office;
(3) Treasurers;
(4) Deputy treasurers;
(5) Municipal clerks;
(6) Deputy municipal clerks; and
(7) Boat fee agents.
(c)
The required bond amount for a combined position of municipal clerk and
tax collector shall be in the combined amount of the 2 positions.
(d)
The amount of the bond required of all trustees of trust funds shall be
15% of all funds in their custody as of the end of the fiscal year.
(e) All trustees of trust funds shall be covered
under the same position schedule bond.
(f) The amount of the bond required of library
trustees and, pursuant to RSA 41:6, alternate library trustees, if any, who
have custody of trust funds pursuant to RSA 202-A:22 and RSA 202-A:23 shall be
15% of all funds in their custody as of the end of the fiscal year.
(g)
Additional officials may be bonded at the discretion of the
municipality.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
PART Rev 1904 REQUIREMENTS OF AUDITORS
Rev 1904.01 Definitions. For purposes of this part, the following
definitions shall apply:
(a)
“Government auditing standards” means the federally required standards
set forth by the Comptroller General of the
(b)
“Independent public accountant” means a certified public accountant or a public accountant licensed by the state of
(c)
“Locally elected municipal auditor” means a municipal auditor or board
of auditors elected under RSA 41:31-b, RSA 671:5, or RSA 670:2 for town, school
district, or village district.
(d)
“Single Audit Act” means Public Law 98-502 (31 U.S.C. 7501-7507),
amended by Public Law 104-156.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #9826, eff 11-25-10; ss by #10582, eff 5-2-14
Rev 1904.02 Independent Public Accountant. If a municipality uses an independent public
accountant to conduct an audit, the following shall apply:
(a)
The independent public accountant shall conduct the audit according to
generally accepted auditing standards; and
(b)
If the local governmental unit being audited expends federal assistance in excess of
$500,000, the independent public accountant shall conduct the audit either by
following:
(1) The Single Audit Act; or
(2) If the $500,000 consists of federal
assistance from a single agency, the program specific audit designated by the
granting agency.
Source. #5356, eff 3-16-92; amd by #6127, eff
11-23-95; ss by #6732, eff 4-18-98; ss by #8599, eff 4-6-06; ss by #9826, eff
11-25-10; ss by #10582, eff 5-2-14
Rev 1904.03 Locally Elected Municipal Auditors.
(a)
A municipality, except a solid waste management
district, may rely on locally elected municipal
auditors provided a financial statement
audit is not required by another
law, regulation, or contract.
(b)
If the municipality relies on locally elected municipal auditors, the
following shall apply:
(1) Locally elected municipal auditors shall not
be required:
a. To have formal training in auditing
procedures; or
b. To meet the standards of the Government
Auditing Standards or the Single Audit Act;
(2) Locally elected municipal auditors shall not
be used when the local governmental unit expends federal assistance in excess
of $500,000, unless those auditors meet the requirements in Governmental
Auditing Standards or the Single Audit Act;
(3) Locally elected municipal auditors
discovering, during their examination of the accounts of various municipal
officials pursuant to RSA 41:31-a through 41:31-d, that the local governmental
unit expended federal assistance
in excess of $500,000 shall notify the governing body
the federal government requires an audit be performed as outlined in Rev
1904.02 (b); and
(4) Locally elected municipal auditors furnishing
their report of audit to the municipality:
a. Shall use
Form MS-60, “Local Auditor
Report”, as prescribed by the
commissioner for reviewing accounts and for reporting to the municipality and
to the department.
b. Shall not use the language of the independent
public accountant's report or imply that their report meets any other national
standard, unless the locally elected municipal auditor(s) is also a certified
public accountant or a public accountant licensed by
the state under RSA 309-B and follows the requirements of Rev 1904.02.
Source. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #9826, eff 11-25-10; ss by #10582, eff 5-2-14
PART Rev 1905 TAX COLLECTORS
Rev 1905.01 Basic Records. The tax collector's basic records shall
include:
(a)
One or more tax warrant books for:
(1) Property taxes;
(2) Yield taxes;
(3) Land use change taxes; and
(4) Excavation taxes.
(b)
Printed tax lists of:
(1) Each type of tax; and
(2) All taxes committed to the tax collector for
collection for each year of levy;
(c)
A separate tax warrant book for resident tax warrants and lists;
(d)
Written notices signed by a majority of the assessing officials;
(e)
A cash receipts journal or electronic printout;
(f)
Tax stubs, or a duplicated or an electronic copy of paid tax bills;
(g)
Copies of treasurer's remittance advices signed by the tax collector and
the treasurer; and
(h) A record or electronic printout of each tax sale or tax lien.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1905.02 Tax Warrant Books. Tax warrant books for property taxes, yield
taxes, and land use change taxes, and excavation taxes shall contain:
(a)
The original unaltered tax warrant, as committed by the assessing
officials and accepted by the tax collector;
(b)
Supplemental tax warrants for additional taxes not included in the
original list issued by the assessing officials; and
(c)
Added warrants for taxes, inserted into the warrant books after the
original warrants.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1905.03 Separate Tax Lists. Separate tax lists for each type of tax, and
for each year of levy, of all taxes committed for collection, shall contain:
(a)
The name of each taxpayer liable for taxes;
(b)
The last known address of each taxpayer;
(c)
The name and address of each agent to whom any tax bill is to be sent,
if applicable;
(d)
The date of tax payments or abatements; and
(e)
The amount of:
(1) Taxes assessed against each taxpayer or property;
(2) Taxes paid;
(3) Discounts allowed;
(4) Abatements allowed; and
(5) Interest or penalties collected.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1905.04 Signed Notices. Notices signed by a majority
of the assessing officials shall include abatements:
(a)
Granted to the taxpayer; or
(b)
Of one tax applied to another overdue tax owed by the taxpayer.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
Rev 1905.05 Cash Receipts. A cash receipts journal shall contain the
following information in chronological order:
(a)
The date and amount of cash received from each taxpayer;
(b)
The amount of discounts allowed, if applicable;
(c)
The name of the taxpayer against whom the tax is assessed;
(d)
The name of the person tendering the payment or electronic reference to
the record locator in the instance of an electronic payment;
(e)
The amount to be credited by type of tax and year of levy;
(f)
The amount of interest and costs collected before each tax sale or tax lien;
(g)
The amount of resident tax penalties collected before each tax sale or
tax lien;
(h)
The amount of each tax sale or tax lien redemption made, with interest,
costs, and expenses collected after sale or execution; and
(i) The date and amount of each remittance made
by the tax collector to the municipal treasurer.
Source. #5356, eff 3-16-92; amd by #6127, eff
11-23-95; ss by #6732, eff 4-18-98; ss by #8599, eff 4-6-06; ss by #10582, eff 5-2-14
Rev 1905.06 Tax
(a)
The description and tax map designation of each piece of property sold
or on which a lien is executed;
(b)
The year of the levy in each case;
(c)
The date of each tax sale or execution of tax lien;
(d)
The name of the current owner;
(e)
The name of the owner at time of assessment, if different from the
current owner;
(f)
The amount of unpaid taxes;
(g)
The amount of the accrued interest at date of sale or execution of lien;
(h)
The costs of advertising and selling or executing the lien;
(i) Other allowable fees before the sale or execution;
(j)
The total amount sold or executed;
(k)
The name of the person or municipality who acquired the lien or an
interest in the property through a tax sale;
(l)
The date of redemption;
(m)
The name of the person making the redemption;
(n)
The amounts of:
(1) Interest collected after the sale or execution;
(2) Allowable expenses collected after the sale
or execution;
(3) Allowable fees collected after the sale or
execution; and
(4) Abatements, if any; and
(o)
The total amount of redemption in each instance.
Source. #8599, eff 4-6-06; ss by #10582, eff 5-2-14
Rev 1905.07 Recording and Processing of Transactions. The tax collector shall:
(a)
Maintain a cash receipts journal in accordance with Rev 1905.01 (e) to
enable auditors to trace receipts to bank deposits and original source documents;
(b)
Maintain tax sale or tax lien records in accordance with Rev 1905.01 (h)
to enable the auditors to verify that statutory requirements have been met
regarding timely and proper notice to individuals involved;
(c)
Compute and charge interest on delinquent property taxes;
(d)
Record in the cash receipts journal the date and amount of each payment
from the tax stub or duplicate bill;
(e)
Post each payment from the cash receipts journal to the applicable tax list;
(f)
Prepare remittances to the treasurer from the cash receipts journal; and
(g)
Post the date and amount of each abatement from the abatement notice to
the applicable tax list.
Source. #8599, eff 4-6-06; ss by #10582, eff 5-2-14
Rev 1905.08 Remittances to the Treasurer by the Tax
Collector.
(a)
When making remittances to the treasurer, the tax collector shall
complete a remittance advice containing the following information by year of
levy and by type of tax:
(1) The total amount of the principal of taxes;
(2) Cost and expenses;
(3) Interest; and
(4) Penalties.
(b)
When making remittances to the treasurer covering tax redemption, the tax
collector shall complete a separate remittance advice which shall contain the
following information by year of levy:
(1) Total amount of taxes being redeemed;
(2) Total costs and expenses collected; and
(3) Interest.
Source. #8599, eff 4-6-06; ss by #10582, eff 5-2-14
Rev 1905.09 Real Estate Tax Bills.
(a)
In addition to the requirements of RSA 76:11-a, the real estate tax bill
shall show the village district tax rate separately when village district tax
is included on the bill.
(b)
The penalties imposed under RSA 74:7-a for failure to file timely and
fully complete Form PA-28, “Inventory of Taxable Property”, shall be stated
separately on the tax bill when such charges are included on the bill.
Source. #8599, eff 4-6-06; ss by #10582, eff 5-2-14
Rev 1905.10 Annual Reports.
(a)
Form MS-61, “Tax Collector’s Report”, shall be filed by the tax
collector to report to the municipality and the department on all tax
collection activities of the municipality.
(b)
The municipal tax collector shall provide:
(1) Name of municipality and year ending;
(2) The following amounts regarding liens:
a. At the beginning of the year;
b. Executed during the year;
c. Redeemed during the year;
d. Unredeemed liens that were abated;
e. Deeded to the municipality; and
f. Balance at the end of the year;
(3) Uncollected taxes at beginning of year;
(4) Taxes committed;
(5) Overpayments;
(6) Amounts remitted to treasurer;
(7) Abatements;
(8) Uncollected taxes; and
(9) Dated signature of the tax collector.
(c)
Form MS-61 shall be filed by:
(1) March 1 by municipalities reporting on a
fiscal year basis pursuant to RSA 31:94; or
(2) September 1 by municipalities reporting on an
optional fiscal year basis pursuant to RSA 31:94-a.
(d)
Form MS-61 shall be filed with:
(1) New Hampshire Department of Revenue Administration
Municipal
and Property Division
(2) Hand delivered to the department at:
Governor
Hugh J. Gallen Office Park South
109
Pleasant
Street
Medical
and Surgical Building
Source. #8599, eff 4-6-06; ss by #10582, eff 5-2-14
Rev
1905.11 Record Retention. All tax collector’s records shall be retained
pursuant to RSA 33-A.
Source. #8599, eff 4-6-06; ss by #10582, eff 5-2-14
PART Rev 1906 MUNICIPAL TREASURERS
Rev 1906.01 Bonds and Notes Register.
(a)
Municipal treasurers shall maintain a record of bonds and notes issued
by the municipality, pursuant to RSA 33:12, in the form of a bond and note
register.
(b)
In addition to the requirements stated in RSA 33:12, the register shall
include the following information:
(1) The name of the bank certifying the note or bond;
(2) The date the note or bond was authorized by
the legislative body;
(3) The price for which each note or bond was
sold, and the name of the purchaser of the note or bond;
(4) The rate of interest;
(5) Title of the municipal official signing the
note or bond issue; and
(6) The date and amount of payment of principal
and interest.
Source. #5356, eff 3-16-92, EXPIRED: 3-16-98
New. #6732, eff 4-18-98; ss by #8599, eff 4-6-06;
ss by #10582, eff 5-2-14
PART Rev 1907 VALUATION OF UTILITY COMPANY DISTRIBUTION
ASSETS
Rev 1907.01 Definitions. For purposes of this part, the following
definitions shall apply:
(a)
“Final locally assessed value effective April 1, 2018” means “final
locally assessed value effective April 1, 2018” as defined in RSA 72:8-d,
VI(b). The term includes only the portion
of the municipality’s value which is attributable to utility company assets.
(b)
“Utility company” means any electric, gas, or water utility company
owning or possessing utility company assets.
(c)
“Utility company assets” means “utility company assets” as defined in
RSA 72:8-d, I.
(d)
“Utility property” means all property of a utility company subject to
tax under RSA 72:6, 72:7 or 72:8, but not exempt under RSA 72:23. The term includes utility company
assets.
Source. #13078, eff 7-25-20
Rev 1907.02 Report of Utility Company Assets.
(a)
Every utility company shall, by May 1 of each year:
(1) Complete and file with the assessing
officials of each municipality where any of the utility company’s utility company
assets are located:
a. If an electric utility company, Form PA-81,
“Electric Utility Company Report of Utility Company Assets”;
b. If a gas
utility company, Form PA-82, “Gas Utility Company Report of Utility Company
Assets”; or
c. If a water utility company, Form PA-83,
“Water Utility Company Report of Utility Company Assets”; and
(2) File a completed copy of each form with the
department.
(b)
A utility company shall report on each Form PA-81, Form PA-82, or Form PA-83
the original cost and net book value of all its utility property located within
the municipality as of December 31 of the preceding year as follows:
(1) Distribution
and transmission assets, by each account established by the United States
Federal Energy Regulatory Commission (FERC), or the New Hampshire public
utilities commission (NH PUC) pursuant to RSA 374:8, as applicable;
(2) Generation and all other assets, by each
category of accounts established by FERC or the NH PUC, as applicable; and
(3) Contributions in aid of construction (CIAC),
construction works in progress (CWIP), and undistributed plant assets which are
not included in (b)(1) or (2) above, associated with distribution only, and in
total.
(c)
Every utility company shall keep accounting records on the original cost
of CIAC, CWIP, and undistributed plant assets, using the best information then available
from the utility company’s accounting records, pursuant to RSA 72:8-d, V.
(d)
Each Form PA-81, Form PA-82, or Form PA-83 shall be in addition to, and
not in substitution for:
(1) Form PA-28, “Inventory of Taxable Property,”
pursuant to RSA 74:4, if required by the municipality;
(2) Form PA-20, “Utility Property Tax Information
Update,” for purposes of the utility property tax pursuant to RSA 83-F:5, V;
and
(3) If requested by the assessing officials or
the department, any documents and other information as shall be necessary to:
a. Verify any information reported by the
utility company on Form PA-81, Form PA-82, or Form PA-83; and
b. Determine the value of the utility company’s
utility property, other than its utility company assets.
Source. #13078, eff 7-25-20
Rev 1907.03 5-Year Phase-In Period.
(a) Every utility company shall, by May 1, 2020, and by May 1 of
each subsequent year thereafter, complete and file each Form PA-81, Form
PA-82, or Form PA-83, pursuant to Rev 1907.02, with a corresponding completed:
(1) Form PA-84-E, “Report of Tax Year 2018
Electric Utility Company Assets”;
(2) Form PA-84-G, “Report of Tax Year 2018 Gas Utility
Company Assets”; or
(3) Form PA-84-W, “Report of Tax Year 2018 Water
Utility Company Assets.”
(b) A utility company shall report on each Form PA-84-E,
Form PA-84-G, or Form PA-84-W the original cost and net book value of all its
utility property as of December 31, 2017, as follows:
(1) Distribution assets, in total, and without any
fee-owned land, office buildings, garages, and warehouses associated with
distribution only;
(2) Transmission, generation, and all other
assets, by each category of accounts established by FERC or the NH PUC, as
applicable; and
(3) CIAC, CWIP, and undistributed plant assets
which are not included in (b)(1) or (2) above, associated with distribution
only, and in total.
(c) The phase-in period under RSA 72:8-d,
VI shall apply only to utility company assets existing and assessed as of April
1, 2018.
(d) In the case of a municipality
which used the department’s allocated market value as of April 1, 2018,
pursuant to RSA 83-F as the value of a utility company’s utility property for
the tax year effective April 1, 2018, the municipality shall calculate the
utility company’s final locally assessed value effective April 1, 2018, in the
following manner:
(1) Divide the original cost of the utility
company assets by the original cost of all its utility
property, using
Form PA-84-E, Form PA-84-G, or Form PA-84-W; and
(2) Multiply the resulting percentage by the
department’s allocated market value as of April
1, 2018.
(e) In determining the value of a
utility company’s utility company assets pursuant to RSA 72:8-d, VI, a
municipality shall equalize the utility company’s final locally assessed value
effective April 1, 2018, using the 2018 median ratio as determined by the
department under RSA 21-J:3, XIII, RSA 21-J:15, and Rev 2800.
(f) For each year of the phase-in period through
the tax year effective April 1, 2023, pursuant to RSA 72:8-d, VI, a utility
company’s final locally assessed value effective April 1, 2018, shall be
adjusted pursuant to RSA 72:8-d, VI(a)(5) to account for any utility company
assets:
(1) Installed after April 1, 2018, if not included
in the utility company’s final locally assessed
value effective
April 1, 2018; or
(2) Retired after April 1, 2018, if included in
the utility company’s final locally assessed value effective April 1, 2018.
(g) The municipality shall calculate the adjustment
required by (f) above pursuant to RSA 72:8-d, II(c) and VI(a)(5), in the
following manner:
(1) Multiply the difference in the original cost of
the utility company’s utility company assets from the final locally assessed
value effective April 1, 2018, to the applicable tax year, by the applicable
percentage in RSA 72:8-d, II(a);
(2) Multiply the
difference in the net book value of the utility company’s utility company
assets from the final locally assessed value effective April 1, 2018, to the
applicable tax year, by the applicable percentage in RSA 72:8-d, II(a);
(3) Add (g)(1) and (2) above; and
(4) Multiply the resulting sum by 1.03.
Source. #13078, eff 7-25-20; ss by #13490, eff 11-15-22
Rev 1907.04 Equalization of Formula.
(a)
In determining the value of a utility company’s utility company assets for
any tax year, whether during the phase-in period pursuant to Rev 1907.03, or
after pursuant to RSA 72:8-d, II(c), except as provided in (b) below, a
municipality shall equalize the value according to the applicable formula using
the previous year’s median ratio as determined by the department under RSA
21-J:3, XIII, RSA 21-J:15, and Rev 2800.
(b)
A municipality shall not equalize the value of a utility company’s
utility company assets in any tax year for which the municipality conducts a
full reassessment in accordance with RSA 75:1 and RSA 75:8-a.
Source. #13078, eff 7-25-20
PART Rev 1908 FORMS
Rev 1908.01 Form MS-60, Report of Locally Elected
Auditor(s).
(a) Form MS-60, shall be
filed by locally elected auditors to report to the municipality and the
commissioner on the audit conducted of all town officials.
(b) Form MS-60 shall be filed with the commissioner by the governing body within
10 days of acceptance of the audit:
(c) If the governing body has not accepted the
audit and any applicable adjustments within 45 days of its receipt, the audit as received or adjusted
and any accompanying management letter shall be submitted to the commissioner
by the governing body with an explanation for non-acceptance.
(d) The commissioner shall grant an extension of
time for good cause, which shall include, but not be limited to, hardship
preventing the governing body from timely filing Form MS-60 due to unforeseen circumstances delaying the completion
of the audit adjustments by the auditor or the governing body’s review of the
audit adjustments, upon petition for an extension of time through a written
submission by the governing body.
Source. #9826, eff 11-25-10;
ss by #10582, eff 5-2-14; renumbered by #13078 (formerly Rev 1907.01)
Rev 1908.02 Form MS-60A, Auditor Option and Schedule.
(a) Form MS-60A,
shall be filed by a municipality except
a solid waste management district, to report to
the department on the type of audit that will be conducted of the municipality
and the schedule for completion of the report.
(b) Form MS-60A shall be filed 10 days after the
close of the fiscal year.
Source. #9826, eff 11-25-10;
ss by #10582, eff 5-2-14; renumbered by #13078 (formerly Rev 1907.02)
Rev 1908.03 Form
MS-60W, Audit Waiver Request.
(a) Form MS-60W, shall be used by the governing body of a municipality except a solid
waste management district, with a
population fewer than 750 to petition the department for a waiver of the annual
audit requirement and to offer alternative procedures.
(b) Alternative procedures shall, contain, at a minimum, the following:
(1) Review of General Ledger Financial Records (Part 1 of Form
MS-60); and
(2) Review of Treasurer (Part 2 of
Form MS-60).
(c) Form MS-60W shall be filed 45 days before the
end of the fiscal year for the year to which it applies.
(d)
The Commissioner shall deny the audit waiver request or approve the
audit waiver request requiring additional
procedures when:
(1) Financial statements for current year or any of the 3 prior years in a deficit position;
(2) There
is an over expenditure of the voted budget;
(3) No audit or an audit with numerous findings has been
made in the past three years;
(4) There are other repeated
failures to file documents with the department timely or accurately;
(5) There are other circumstances
that indicate the financial controls, expenditures or records may be deficient.
(e) The Commissioner shall approve the audit
waiver request requiring additional procedures when additional procedures address
the deficiencies and records in paragraph (d), above.
Source. #9826, eff 11-25-10;
ss by #10582, eff 5-2-14; renumbered by #13078 (formerly Rev 1907.03)
APPENDIX
|
Rule |
|
|
|
|
|
Rev 1901.01 |
RSA 21-J:13 |
|
Rev 1901.02 |
RSA 21-J:13; RSA
41:2-g |
|
Rev 1901.03 |
RSA 21-J:13 |
|
Rev 1901.04 |
RSA 21-J:13 |
|
Rev 1901.05 |
RSA 21-J:13 |
|
Rev 1901.06 |
RSA 21-J:13; RSA
31:94; 31:94-a |
|
Rev 1901.07 –
1901.10 |
RSA 21-J:13, RSA
53-B:7 |
|
|
|
|
Rev 1902.01 |
RSA 21-J:13; RSA
31:94 |
|
Rev 1902.02 |
RSA 21-J:13; RSA
31:94-a |
|
Rev 1902.03 |
RSA 21-J:13; RSA
21-J:1, II (c); 21-J:13, VII (a) |
|
|
|
|
Rev 1903 |
RSA 21-J:13; RSA
41:6, V |
|
|
|
|
Rev 1904.01 |
|
|
Rev 1904.02 |
RSA 41:31-c; RSA
21-J:13, IV |
|
Rev 1904.03 |
RSA 41:31-c; RSA
21-J:13, IV |
|
|
|
|
Rev 1905.01 –
1905.08 |
RSA 41:39; RSA
21-J:13, IV |
|
Rev 1905.09 |
RSA 41:39; RSA
21-J:13, IV; RSA 52:16; RSA 76:4 |
|
Rev 1905.10 |
RSA 41:39; RSA
21-J:13, IV |
|
Rev 1905.11 |
RSA 33-A |
|
|
|
|
Rev 1906 |
RSA 33:12; RSA
21-J:13, IV |
|
|
|
|
Rev 1907 |
RSA 72:8-d |
|
|
|
|
Rev 1908.01 |
RSA 72:8-d |
|
Rev 1908.02 |
RSA 41:31-c; RSA
21-J:13, IV |
|
Rev 1908.03 |
RSA 41:31-c; RSA
21-J:13, IV |