sb 0301

CHAPTER 223

SB 301 - FINAL VERSION

AN ACT relative to an innovation initiative within the division of economic development and the creation of the New Hampshire e-commerce advisory commission.

SPONSORS: Sen. Eaton, Dist 10

This bill directs the New Hampshire council on applied technology and innovation to collaborate with the division of economic development in creating the division's technology-based innovation initiative.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to an innovation initiative within the division of economic development and the creation of the New Hampshire e-commerce advisory commission.

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

I. In October 1998, the United States Congress enacted Public Law 105-277, the Internet Tax Freedom Act, which imposed a 3-year moratorium on certain Internet-related taxes. In November 2001, the United States Congress enacted Public Law 107-75, extending that moratorium through November 1, 2003.

II. Social, educational, and economic benefits result from creating and expanding access to the Internet and computer on-line services.

III. New Hampshire is committed to studying and encouraging through its public policy electronic commerce and the development, growth, and deployment of high-speed Internet access to its citizens and businesses.

IV. Technology-based innovations are critical to the growth and economic development of the state. Rapidly developing technological innovation and deployment will be encouraged by a state public policy restraining government intervention.

V. The exercise of the taxing powers of the state of New Hampshire in relation to emerging Internet and computer on-line services could impede the future accessibility, viability, and enhancement of such services in New Hampshire.

223:2 New Hampshire Council on Applied Technology and Innovation; Collaboration with the Department of Resources and Economic Development. The New Hampshire council on applied technology and innovation, established in RSA 12-H:1, shall collaborate with the division of economic development, department of resources and economic development, in the creation of an innovation initiative within the division to utilize the best practices of technology-based economic development. The council shall include the results of the collaboration and any recommendations for proposed legislation in its September 1, 2002 annual report, pursuant to RSA 12-H:2.

223:3 New Chapter; New Hampshire E-Commerce Advisory Commission. Amend RSA by inserting after chapter 12-L the following new chapter:

12-M:1 Commission Established. There is hereby established the New Hampshire e-commerce advisory commission.

(a) Four members of the house of representatives, at least one of whom shall be a member of the committee having jurisdiction over the telecommunications matters, appointed by the speaker of the house of representatives.

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

(e) One member representing the New Hampshire Municipal Association, appointed by that organization.

(f) Three public members, one representing the cable television industry, one representing the telephone industry, and one economist, appointed by the governor.

II. Members of the commission shall serve without compensation except that legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. Legislative members of the commission shall serve a term which is coterminous with their elected office.

II. Studying the current trends in the development, growth, and deployment of high-speed Internet access to New Hampshire's citizens and businesses.

III. Identifying issues related to electronic commerce to be addressed at the federal level by Congress and the Federal Communications Commission.

IV. Analyzing potential incentives under New Hampshire law to encourage deployment of electronic commerce-related technology.

V. Assessing state policy options to encourage rapidly developing technological innovation and deployment, including the imposition of New Hampshire's communications services tax on Internet access given the enactment of the federal Internet Tax Freedom Act, Public Law 105-277, and the extension of the Internet tax moratorium imposed pursuant to Public Law 107-75, and related tax policies.

VI. Adopting recommendations relating to electronic commerce policies under New Hampshire law.

12-M:4 Chairperson; Clerk. The members of the commission shall elect a chairperson and a clerk from among the members. The first meeting of the commission shall be called by the first-named house member and shall be held within 45 days of the effective date of this section.

12-M:5 Report. On or before November 1 of each year, the commission shall submit an annual report outlining the commission's activities and recommendations to the chairperson of the house committee having jurisdiction over telecommunications matters, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, and the governor.

223:4 Repeal. RSA 12-M, relative to the New Hampshire e-commerce advisory commission, is repealed.

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

II. The remainder of this act shall take effect May 17, 2002)