Bill Text - HB365 (2011)

Establishing a commission to encourage broadband development and making an appropriation therefor.


Revision: Jan. 27, 2011, midnight

HB 365-FN-A – AS INTRODUCED

2011 SESSION

11-0308

06/10

HOUSE BILL 365-FN-A

AN ACT establishing a commission to encourage broadband development and making an appropriation therefor.

SPONSORS: Rep. Rappaport, Coos 1; Rep. Pastor, Graf 9; Rep. Kaen, Straf 7; Rep. Remick, Coos 2; Rep. Townsend, Graf 10; Sen. Gallus, Dist 1

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill establishes a commission to encourage broadband development and makes an appropriation therefor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0308

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT establishing a commission to encourage broadband development and making an appropriation therefor.

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

1 New Section; Commission to Encourage Broadband Development. Amend RSA 12-A by inserting after section 59-a the following new section:

12-A:59-b Commission to Encourage Broadband Development Established. There is hereby established a commission to encourage broadband service throughout the state of New Hampshire, particularly in areas that are poorly served or not served at all. The commission shall encourage and help finance public computer centers. The commission shall consist of the following members:

I. Two members of the house of representatives, at least one of whom shall be a member of the science, technology and energy committee, appointed by the speaker of the house of representatives; 2 members of the senate, appointed by the president of the senate; and one public member, appointed by the governor. To the extent possible, all members of the commission shall be members of the New Hampshire telecommunications advisory board.

II. Terms of office shall be 3-year staggered terms.

III. No member of the committee shall be employed by a company that is engaged in the business of providing broadband service. If members are proposed from the academic community, all academic institutions within New Hampshire shall be considered.

IV. The commission shall have one paid employee to oversee grants and loans and help prepare reports.

V. The commission shall be authorized to receive and examine applications for development from area enterprises. Development funds shall be granted by the commission in the form of low interest loans or grants, as may be determined by the commission. Area enterprises eligible to apply shall consist of public/private partnerships, but public entities may be created if no private firm applies.

VI. The commission shall elect a chairperson from among its members to facilitate meetings. Meetings shall be held at least monthly.

VII. All sponsored projects shall be completed within 2 years.

VIII. The initial term of the commission shall be 5 years. Thereafter, if 3 years pass during which there are no requests from underserved or non-served areas, all moneys in the fund to encourage broadband development established under paragraph X shall be returned to the general fund. The commission shall thereafter disband or continue at the pleasure of the director of broadband technology planning and development of the division of economic development, department of resources and economic development.

IX. On or before November 30, 2011 and 3 times a year thereafter, the commission shall report its activities to the governor, the president of the senate, and the speaker of the house of representatives.

X. There is hereby established in the office of the state treasurer a fund to encourage broadband development. The fund shall consist of amounts raised from the communications service tax above the amount so raised in 2010. The fund shall be nonlapsing, and shall be continually appropriated for the purposes of this subdivision.

2 Communications Services Tax; Administration. Amend RSA 82-A:15, I to read as follows:

I. The commissioner shall collect the taxes imposed under this chapter and interest, additions to tax, and penalties imposed[, and]. Each year the commissioner shall determine the amount raised that year in excess of the amount raised in fiscal year 2010 and shall deposit such amount in the fund to encourage broadband development established under RSA 12-A:59-b, X. The commissioner shall pay over to the state treasurer the [amount] remainder of the funds collected under this chapter.

3 Appropriation. The sum of $250,000 for the fiscal year ending June 30, 2012 is hereby appropriated to the commission to encourage broadband development for the purposes of the commission for the first year or partial year after its establishment. The amount shall be delivered to the fund for disbursement on an estimated pro-rata basis 3 times a year before each report date. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

4 New Subparagraph; Fund to Encourage Broadband Development. Amend RSA 6:12, I(b) by inserting after subparagraph (304) the following new subparagraph:

(305) Moneys deposited in the fund to encourage broadband development established under RSA 12-A:59-b, X

5 Effective Date. This act shall take effect June 30, 2011.

LBAO

11-0308

01/19/11

HB 365-FN-A - FISCAL NOTE

AN ACT establishing a commission to encourage broadband development and making an appropriation therefor.

FISCAL IMPACT:

    Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.