Bill Text - SB492 (2010)

Extending the local property tax exemption for wooden poles and conduits.


Revision: March 11, 2010, midnight

SB 492-FN-LOCAL – AS AMENDED BY THE SENATE

03/10/10…0953s

2010 SESSION

10-2794

10/09

SENATE BILL 492-FN-LOCAL

AN ACT extending the local property tax exemption for wooden poles and conduits.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Bragdon, Dist 11; Sen. Lasky, Dist 13; Rep. Bergin, Hills 6

COMMITTEE: Public and Municipal Affairs

AMENDED ANALYSIS

This bill extends the prospective repeal date of the local property tax exemption for wooden poles and conduits to July 1, 2012. Under current law the exemption is repealed on July 1, 2010. The bill also establishes a committee to study the exemption of wooden poles and conduits under RSA 72:8-b, and its impact on ratepaying customers and application among utility pole owners and communications providers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/10/10…0953s

10-2794

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT extending the local property tax exemption for wooden poles and conduits.

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

1 Prospective Repeal Date Extended for Exemption of Wooden Poles and Conduits Under RSA 72:8-b. Amend 1998, 304:6, I as amended by 1999, 163:7, 2001, 158:2, 2003, 270:8, 2004, 35:1, and 2005, 146:1 to read as follows:

I. Section 5 of this act shall take effect July 1, [2010] 2012.

2 Committee Established.

I. There is established a committee to study the exemption of wooden poles and conduits under RSA 72:8-b.

II. The members of the committee shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

IV. The committee shall study the impact on ratepaying customers if the exemption from property taxation of wooden poles and conduits under RSA 72:8-b were to be repealed. The committee shall also study the fairness of the current application of the exemption among utility pole owners and among communications providers.

V. 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 senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.

VI. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010.

3 Effective Date. This act shall take effect upon its passage.

LBAO

10-2794

01/12/10

SB 492-FN-LOCAL - FISCAL NOTE

AN ACT extending the local property tax exemption for wooden poles and conduits.

FISCAL IMPACT:

    The New Hampshire Municipal Association states this bill may have a fiscal impact on local revenue in FY 2011 and each fiscal year thereafter. There will be no fiscal impact on state, county and local expenditures or state and county revenues.

METHODOLOGY:

    The New Hampshire Municipal Association states this bill extends the prospective repeal date of the local property tax exemption for wooden poles and conduits to July 1, 2014 from July 1, 2010. The Association indicates the repeal of this exemption would result in an increase in the property tax base of those municipalities where wooden poles and conduits exist, which would then potentially result in lower property tax rates. The Association does not have data regarding the assessed valuation of poles and conduits to determine the estimated fiscal impact of extending the existing exemption and the shift of the property tax burden among taxpayers.

    The Department of Revenue Administration states that the repeal date change will not result in a change in state education trust fund revenue total, since the total is set in statute, however, the tax burden will be shifted among taxpayers.