HB 1699-FN-A-LOCAL – AS INTRODUCED
2006 SESSION
09/01
HOUSE BILL 1699-FN-A-LOCAL
AN ACT establishing a tax on fees charged by railroad companies for transiting of cargo over, under, or across railroad rights-of-way.
SPONSORS: Rep. Danforth, Merr 6; Sen. Green, Dist 6
This bill establishes a tax on fees charged by railroad companies for transiting of cargo over, under, or across railroad rights-of-way.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2220
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing a tax on fees charged by railroad companies for transiting of cargo over, under, or across railroad rights-of-way.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Taxation of Railroads; Cargo Fee Tax. Amend RSA 82 by inserting after section 24-a the following new subdivision:
Taxation of Railroads; Cargo Fee Tax
82:24-b Cargo Fee Tax.
I. “Cargo” means any goods, including fuels and wood chips.
II. Each corporation or company subject to the tax under RSA 82:2 shall also pay to the state an annual tax, as of April 1 of each year, on fees charged for transiting of cargo over, under, or across railroad right-of-ways. The cargo fee tax shall be 100 percent of the portion of the fee which exceeds the direct costs incurred by the corporation or company owning the right-of-way. Cargo fees for cargo carried on rail, load on to rail, or off load from rail shall not be subject to this tax.
III. Each corporation or company shall pay the cargo fee tax to the department of revenue administration. Cargo fee taxes paid shall be distributed in the same manner as other railroad taxes under RSA 82:31.
IV. The commissioner of the department of revenue administration shall adopt rules, under RSA 541-A, relative to:
(a) The form and method of the payment of the cargo fee tax under this section.
(b) The administration of the cargo fee tax.
(c) The recovery of any cargo fee tax or penalties imposed pursuant to RSA 21-J.
2 Effective Date. This act shall take effect April 1, 2006.
LBAO
06-2220
Revised 1/24/06
HB 1699 FISCAL NOTE
AN ACT establishing a tax on fees charged by railroad companies for transiting of cargo over, under, or across railroad right-of-way.
FISCAL IMPACT:
The Departments of Revenue Administration and Transportation indicate this bill will increase state revenue by an indeterminable amount in FY 2007 and each year thereafter. There is no fiscal impact on state, county and local expenditures or county and local revenue.
METHODOLOGY:
The Departments of Revenue Administration and Transportation state that this bill establishes a tax on fees charged by railroad companies for transiting cargo over, under, or across railroad rights-of-way. The Departments could not find sufficient data to provide a reliable estimate of the increase in state revenue. The Department of Revenue Administration, however, states that this law could be administered by the Department with a small additional cost for computer programming changes, and changes to tax forms to assess this tax.