HB 1255 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1255
AN ACT establishing a government competition competitive neutrality study committee.
SPONSORS: Rep. MacGillivray, Hills 21
This bill establishes a committee to study the objective of limiting the advantage of government entities which compete with private businesses in market sectors dominated by private business.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2586
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT establishing a government competition competitive neutrality study committee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study methods for reducing or eliminating the advantages of government entities which compete with private businesses in market sectors dominated by private business.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house. The speaker of the house may appoint 3 other members as alternatives.
(b) Three members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study methods for reducing or eliminating some or all of the advantages of government entities which compete with private businesses in market sectors dominated by private business. Schools, hospitals and ski facilities shall be excluded from consideration. The committee shall make recommendations including but not limited to the following subjects:
I. Whether all government entities competing with private business in a market sector where private industry's share of the market statewide is more than 75 percent should have some of their advantages reduced or eliminated, and whether the number "75 percent" should be made smaller.
II. Whether such government business operations should be required to make payments in lieu of taxes on all property used for such business purposes, allocated where necessary.
III. Whether such government enterprises should be required to make payments in lieu of business profit taxes (BPT) and business enterprise taxes (BET) on all operations using employees or invested capital, at an imputed rate of earning in the case of the BPT.
IV. Whether such government business operations should be required to keep a separate set of accounts, and should be forbidden to use general funds or other funds obtained from non-customers to subsidize operations in a manner analogous to that of RSA 38:35.
V. Whether these provisions should apply immediately to all new government business operations.
VI. Whether these provisions should apply to previously existing government business operations not more than 6 months after the enactment of legislation.
VII. Whether these provisions should apply to all industries, or to some, and whether they should apply to all at once or be phased in.
4 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2000.
6 Effective Date. This act shall take effect 60 days after its passage.