CHAPTER 190

HB 1180 - FINAL VERSION

21feb02...2525h

04/11/02 3359s

2may02...3750eba

2002 SESSION

01-2242

06/01

HOUSE BILL 1180

AN ACT establishing a task force to research revenue streams to fund intermodal transportation systems in New Hampshire and relative to exemption from local property taxes for leases of state-owned railroad properties.

SPONSORS: Rep. G. Katsakiores, Rock 13; Rep. Whittemore, Merr 13; Rep. Nowe, Rock 3; Rep. J. Flanders, Rock 18

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill establishes a task force to research revenue streams to fund intermodal transportation systems in New Hampshire. The task force shall terminate on December 1, 2006.

The bill also exempts certain leases of state-owned railroad properties from providing for payment of local property taxes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21feb02...2525h

04/11/02 3359s

2may02...3750eba

01-2242

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT establishing a task force to research revenue streams to fund intermodal transportation systems in New Hampshire and relative to exemption from local property taxes for leases of state-owned railroad properties.

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

190:1 Task Force Established; Membership.

I. There is established a task force to research revenue streams to fund intermodal transportation systems in New Hampshire.

II. The task force shall be composed of the following members:

(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Two members representing rail interests, one nominated by the New Hampshire Railroad Revitalization Association and appointed by the governor and one designated by the department of transportation.

(c) The commissioner of the department of resources and economic development, or designee.

(d) The director of the division of aeronautics, department of transportation, or designee.

(e) A representative of the trucking industry, nominated by the New Hampshire Motor Transport Association and appointed by the governor.

(f) One financial consultant, appointed by the governor.

(g) The state treasurer, or designee.

(h) The commissioner of the department of transportation, or designee.

190:2 Duties of Task Force. The task force shall investigate revenue streams to fund intermodal transportation systems in New Hampshire.

190:3 Compensation. Members of the task force shall serve without compensation, except that the legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

190:4 Initial Meeting; Chairperson. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named house member and shall be called within 45 days of the effective date of this act.

190:5 Report. The task force shall issue the first report of its progress and findings to the speaker of the house of representatives, the senate president, and the governor and council, on or before December 1, 2002 and provide a copy of its report to the New Hampshire state library. The task force shall issue the final report of its progress and findings to the speaker of the house of representatives, the senate president, and the governor and council, on or before December 1, 2006 and provide a copy of the final report to the New Hampshire state library. The final report shall conclude the work of the task force.

190:6 Repeal. Sections 1-5 of this act, relative to the task force to research revenue streams to fund intermodal transportation systems in New Hampshire, are repealed.

190:7 Property Tax Exemption; Leases of State-Owned Railroad Properties. Amend RSA 72:23, I(b) to read as follows:

(b) All leases and other agreements, the terms of which provide for the use or occupation by others of real or personal property owned by the state or a city, town, school district, or village district, entered into after July 1, 1979, shall provide for the payment of properly assessed real and personal property taxes by the party using or occupying said property no later than the due date. This subparagraph shall not apply to leases of state-owned railroad properties which are subject to railroad taxes under the provisions of RSA 82 or which provide revenue to the state, a portion of which is distributed to cities and towns pursuant to RSA 228:69, I(a). All such leases and agreements shall include a provision that "failure of the lessee to pay the duly assessed personal and real estate taxes when due shall be cause to terminate said lease or agreement by the lessor." All such leases and agreements entered into on or after January 1, 1994, shall clearly state the lessee's obligations regarding the payment of both current and potential real and personal property taxes, and shall also state whether the lessee has an obligation to pay real and personal property taxes on structures or improvements added by the lessee.

190:8 Property Tax Exemption; Leases of State-Owned Railroad Properties; Applicability. RSA 72:23, I(b), as inserted by section 7, of this act shall apply to all leases of state owned railroad properties entered into on or after January 1, 2001.

190:9 Effective Date.

I. Section 6 of this act shall take effect December 1, 2006.

II. The remainder of this act shall take effect upon its passage.

(Approved: May 15, 2002)

(Effective Date: I. Section 6 of this act shall take effect December 1, 2006.

II. The remainder of this act shall take effect May 15, 2002.)