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 Preshow Return to index of stories... |
Next on New Hampshire Outlook tonight. The fate of the statewide property tax rests in the hands of the Supreme Court. We'll take you inside the Courtroom for a comprehensive look at today's oral arguments. And we'll show you the new look of New Hampshire's official state website. Webster is online. |
| Good Evening Return to index of stories... |
Good Evening. I'm Allison McNair. Welcome to New Hampshire Outlook. |
| Intro SUPCO Return to index of stories... |
The court case that could decide how we fund our schools was heard at the state Supreme Court today. The case involves an appeal of a Superior court ruling issued two months ago. That ruling declared the current statewide property tax unconstitutional and ordered the state to pay back $880 million dollars already collected in property taxes from the coalition of communities, also known as the donor towns. We'll have analysis in a few minutes, but first, here's a comprehensive look at today's court proceedings. |
| SUPCO HEARING Return to index of stories... |
Supreme Court tape 1 10;2834 case for argument this morning is 2063. Supreme Court tape 1 10;32:20 The state seeks reversal of the decision below and I'd like to focus on three areas. One, the court applied the wrong standard - or did not apply the complete standard for declaring legislation unconstitutional. Two, the court misapplied the law and I have three specific examples on three very important points where the law was misapplied. And finally, there was a lack of evidence. The judge misunderstood or misconstrued what he was hearing. Supreme Court tape 1 10:44:45 Mr. Green. Is it the state's view that when we look at this tax, we should decide whether it is proportional taxpayer to taxpayer across the state, or is it the state's view that we should look at it community to community for proportionality across the state? Which should we look at. Your honor, it seems to me with regard to the state-wide that the taxpayer has the right to have his taxes proportional to the average taxpayers proportionality. Where I think the trial court went wrong is to think that there should be proportionality between individual taxpayers as opposed to what has always been the standard - it's average taxpayer to average taxpayer. Supreme Court tape 1 10:49:31 Since it's a statewide tax, shouldn't there be some system - some protocol so that we're not leaving it to local communities to decide these sort of things. If it's a statewide tax, the state should have some kind of system in place so we can assure what's going on in Manchester is going on in Keene and Portsmouth. Certainly with a statewide tax, you can have statewide procedures. I think our point though is that you don't have to have statewide procedures to have a tax that is by design and by application constitutional. Supreme Court tape 1 10:56;37 Without state standards, how can we feel comfortable that someone is going to be able to evaluate 100 feet on the Atlantic Ocean in Rye in comparison with 100 feet on the slope of Waterville Valley. How do we get there without some acceptable standard that everyone applies throughout the state? One of the problems with property tax that makes it different than other things is that there is a subjective element. There's no doubt about it. And that's why in the property tax, you have the abatement process which you don't have in the same format for some other kinds of taxes. By its very nature you have subjectivity. However, its subjectivity doesn't mean you don't have a sound system. Supreme Court tape 1 07:51 It is our contention that as a result of serious disparities in the way that property is valued across the state, the statewide property tax system is not an act of taxation but precisely the kind of confiscation that Justice Doe went against. The precedent in this court is clear and overwhelming that in order to pass constitituional muster, a statewide tax must be proportional throughout the state. In the case of a statewide property tax, what that requires is proportionality not only in the rate of the tax but the way in which property is valued. Supreme Court tape 1 11:10;50 180 Municipalities across the state - over 70% of the municipalities in this state have not completed a full revaluation since 1994 at the latest, and that includes Manchester which last did it in 1991, Salem in 1980, and Keene which last completed a full revaluation in 1971. We believe that common sense dictates and certainly the experts agreed at trial that the value of property changes over time. IN the context of a statewide property tax, it's neither fair nor equitable to compare property that was last physically inspected in 1971 with property that was last physically inspected in 2001. Supreme Court tape 1 11:19:04 How much money did one of these taxpayers lose as a result of taxation of their property in comparison with somebody else's property? I can't tell you the specific amount. We did not put on any evidence in terms of specific lost tax revenue or tax payment. Supreme Court tape 1 11:22:04 What do you think the state can do to make it constitutional as applied. At a bare minimum your honor, they'd need to start with a revaluation process and we believe they should have done that before they implemented this tax. That you needed to have a proportional base on which to begin imposing a statewide property tax and what that would have required - and their experts acknowledged this at trial - is that the towns that hadn't done a full revaluation every five years as we believe the constitution provides, should have done it. You need to start with some standards. There needs to be statewide standards that relate to how assessments are performed. Supreme Court tape 2 11:44:00 The system in Kansas back in the early 80's was in the same condition as NH system is in. And there was a challenge brought to the system and as the state's experts testified, one of the results of that was a sort of a judicial oversight for correcting the assessment process in Kansas. So Mr. Closson, we're not in Kansas anymore are we? Do you think it's fair for us to compare between a Midwestern agricultural large kind of square place with NH? Square geometrically I mean. Supreme Court Tape 2 11:45:38 We're going to move to the remedy portion of argument. Mr. Judge. Supreme Court Tape 2 11:48:19 It's impractical to apply the trial court's order to a refund issue. You can't tell who is owed or how much. There wasn't any testimony about any taxpayer that was injured. Supreme Court Tape 2 11:49:54 The legislature has made a constitutional choice here to use the property tax system. You've heard some discussion about sunsetting, but every proposal that is on the table at the moment, every proposal that has ever been on the table regarding Claremont includes a statewide property tax. So there's nothing magic about this legislation sunset. That choice that has been made by the legislature should be allowed to be fine tuned. We are moving forward on Claremont. We should be allowed to continue move forward, not two steps backward by removing one of the possibilities here. Supreme Court Tape 2 12:19:22 What do you tell the taxpayers of NH - this is an unconstitutional tax - you were raising this issue earlier Judge Duggan - what do you tell them? You've been subject to an unconstitutional tax - we find it to be an unconstitutional tax - nonetheless, we'll continue to allow them to collect it and why - because the state needs the money. I suggest to your honor that that is not sufficient reason to allow the state to continue to collect a confiscatory tax. Supreme Court Tape 2 12:12:00 You must have been as surprised as the state was to read Judge Galway's order. You must have said my goodness, this is a windfall we never expected. Your honor. You could have knocked me over with a feather. Actually, what happened is we filed a motion for clarification because we weren't sure. And we actually filed a motion to the court and asked - do you mean the $24 million - do you mean the $45 million - you really don't mean the $880 million? And he said - Oh yeah. Did you file that motion before or after the smelling salts? You must have said to yourself we didn't ask for that, we're not entitled to that, they may have agreed to that - but is just not a remedy that can work here. Supreme Court Tape 2 12:23:10 I would suggest to you, your honor, that if the state had spent half as much time crafting a constitutional tax, and worrying about whether or not the tax they were passing was constitutional, as they have defending this tax - which is unconstitutional - we wouldn't be here today. Thank you your honor. There being no rebuttal, the case is submitted. |
| Intro Discussion Return to index of stories... |
Joining me to talk about today's oral arguments - Fred Bramante Fred served on the New Hampshire Board of Education and as chairman of the New Hampshire Education Assessment Committee. Also here, Attorney Tom Closson who is representing the coalition communities. |
| Arnold SOT Return to index of stories... |
Revenue Commissioner Stan Arnold was asked outside of the court, how long it would take if the court mandated full revaluation of property in the state. Stan Arnold NH Revenue Commisssioner 1:05:21 If the court came down and said you have to do a full physical revaluation of every community in this state effective for this year.that's one issue. But you as you know we already had a number of communties that are doing full revaluations right now. Manchester Nashua Salem are all currently undergoing full revaluations. If the court accepts those as being values than that's a lot less of a problem because you've taken care of a majority of the propoerties within a community. That's why it's hard, if they're saying you have to redo towns of Manchester now you're talking about three four or five years.i mean its a difficult process.1:06:03 |
| Thank guests Return to index of stories... |
Thanks to my guests, Fred Bramante and Tom Closson. |
| BP Bump Return to index of stories... |
CG:BUMP\For More Information\webster.state.nh.us/courts/ |
| Property Tax Payments Return to index of stories... |
There was activity in another courtroom today, surrounding the statewide property tax. A lawyer for the 18 towns, challenging the tax ,filed papers in Rockingham County Superior Court, asking that the taxes be cancelled. He said the towns are witholding payment because the property tax was declared unconstitutional and because the state has said it won't or can't pay back taxes already collected. State revenue commisioner Stanley Arnold thinks those towns are breaking the law by not paying the more than 17 million dollars due today. Stan Arnold says he'll meet with Attorney General Philip McLaughlin to consider how to respond. |
| gun bills Return to index of stories... |
Several hearings on gun bills drew both gun control advocates and gun backers to Concord today. Litchfield Republican Loren Jean wants New Hampshire to allow anyone to carry a concealed gun without a permit. Mark KROCK' MAL of the Gun Owners of New Hampshire endorsed legislation to allow gun owners to have lifetime permits. But Bedford Police Chief David Bailey said the permit system is needed to protect police and the public. Gun control supporters pushed for bills to set an age limit of 21 to carry a concealed weapon and to require background checks on the resale of all firearms. Under current law, gun onwers must apply to police for a permit every four years. |
| Intro Mt. Washington Return to index of stories... |
Do we even dare say it - we wouldn't want to "jinx" ourselves - but it felt a little like spring today.To find out how long mild temperatures will hang around - we checked in with weather observer Katie Hess just a few minutes ago at the Mount Washington Observatory to find out what it's like up there tonight and what we can expect. |
| Mt. Washington Return to index of stories... |
CG:WEATHER\Tonight \Statewide\mostly clear skies \Temps 20 to 25 \Light winds 5-10 mph\ CG:WEATHER\Tomorrow \Statewide\Partly sunny skies \High around 40 F\\ |
| Business Outlook Return to index of stories... |
A much quieter day on wall street today. Nervous investors sent the major averages to a mixed close as they continue to worry about the economy in this country and overseas. |
| Wall Street Stocks Return to index of stories... |
The Dow Jones industrial average advanced 57 points to ten-thousand-31 after rising more than 100 points earlier. The Nasdaq composite was unable to hold on to gains, falling 31 points to 19-hundred-41. The broader S-and-P 500 index, ended up almost seven points at eleven-hundred-73. |
| Intro Webster Return to index of stories... |
If you are looking for more information about today's Supreme Court proceedings or anything else in State government you may want to check out the state's official website. Producer Andrea Sarris meets the web masters behind the new online look at the State Library. |
| WEBSTER Return to index of stories... |
The New Hampshire State library gives the state government a digital facelift online unveiling it's updated website last week called Webster. Michael York gives the viewer a tour and background of the NH State Library. Theresa Pare, Librarian gives us a virtual tour and provides us with facts and new methods of utilizing the site. Webster is updated daily by five state employees. David Sturges a library visitor commends the webmasters on the new easy to navigate look and Diana Deegen, a librarian tells us about the most frequently asked questions. |
| Tag Webster Return to index of stories... |
You can log onto the NH Government Website at www-dot-state-nh-dot-u-s. |
| Tomorrow Return to index of stories... |
Tomorrow on New Hampshire Outlook - Journalists from around the state talk about the week's top stories - from the historic state supreme court hearings into the statewide property tax to the continuing debate on how to fund education. |
| Canterbury Return to index of stories... |
Finally tonight - we wanted to update you on a story we've been following in Canterbury. It has to do with the power of community. A few weeks ago we met a group of people who were trying to save their Country Store by creating an investment group to buy it. All they needed was a final $20,000 to close the deal. Today word arrived that the Canterbury Community has succeeded. The new owners soon will begin repairing the building, searching for a shop keeper and, of course, planning a celebration. |
| Goodnight Return to index of stories... |
That's it for this edition of New Hampshire Outlook. For all of us here at New Hampshire Public Television, thanks for joining us. Stay tuned for Lawrence Welk: Milestones and Memories. We'll be back tomorrow at 7:30. Good night. |
| founders Return to index of stories... |
Thanks to our founding sponsors who have provided major funding for the production of New Hampshire Outlook: New Hampshire Charitable Foundadtion Public Service of New Hampshire Alice J. Reen Charitable Trust Putnam Foundation Stratford Foundation |
| Monday 2nite Return to index of stories... |
Tonight on New Hampshire Outlook. Should insurance plans be required to provide the same benefits for mental illnesses, alcohol and drug dependency as other medical coverage? We'll debate the merits of a new plan. Join us tonight at 7:30 only on New Hampshire Outlook. |
| Monday Promo Return to index of stories... |
Monday on New Hampshire Outlook. Should insurance plans be required to provide the same benefits for mental illnesses, alcohol and drug dependency as other medical coverage? We'll debate the merits of a new plan. Monday at 7:30 only on New Hampshire Outlook. |
| PROMO Return to index of stories... |
Tonight on New Hampshire Outlook. Journalists from around the state talk about the week's top stories - from the historic state supreme court hearings into the statewide property tax to gambling. Join us tonight at 7:30 only on New Hampshire Outlook. |
| Foot and Mouth Return to index of stories... |
New Hampshire's state veterinarian has issued an alert about foot-and-mouth disease. Farmers and animal caretakers are being advised to check livestock for signs of the illness. Those signs include excessive salivating and lameness. If you see those symptoms or have questions you can call the state veterinarian's office at 271-2404. So far, the illness has popped up only in the United Kingdom and France. The US Government is now requiring new arrivals to wash clothing and disinfect shoes and personal items before entering the US. Travelers to Europe are being told to avoid places where there are animals, including zoos, and to avoid contact with livestock or wild animals after returning to the United States. |
| New Business Return to index of stories... |
50 new jobs and a new company will be coming to the Stratham area. A 44 million-dollar distributor of computer parts is relocating its world headquarters to the Stratham Industrial Park from Amesbury Massachusetts. The company, Asian Atlantic Industries is slated to move in next week and will have more than 20-thousand square feet of space. |
| Bankruptcy Return to index of stories... |
New Hampshire's Republican senators are voting along party lines when it comes to making it harder for people to get relief by declaring bankruptcy. An attempt by democrats to restrain banks in handing out credit cards was defeated yesterday. And the Senate has moved toward passing legislation that would restrict the wiping out of debts in bankruptcy court. Senators voted 80-to-19 to wind up debate on the most sweeping overhaul of bankruptcy laws in 20 years. Senators Bob Smith and Judd Gregg voted with the majority. The House passed the legislation overwhelmingly earlier and President Bush has signaled he would sign it. |
| Trade Agreement Return to index of stories... |
New Hampshire is expanding its horizons when it comes to international trading. Today, Governor Jeanne Shaheen announced a new trade agreement with Singapore. Representatives from five New Hampshire businesses are in the middle of a ten-day trade mission to that country. And as part of the agreement, Singapore is joining New Hampshire's E-Trade Federation, which has set up video conference links between the state and several other nations. |
| Canterbury Return to index of stories... |
Investors in the Canterbury Country Market should get ready to party. Yesterday, the final $20,000 flowed in, making them owners of the Canterbury Country Store. Company officials plan to celebrate with a party for investors only. The company raised $357,000 in less than two months, using telephone-trees and handing out fliers at the dump. Investors still want to raise $43,000 for repairs. The company was formed by a group of residents in January to buy the store from Bob Summers, the former storekeeper. Now that the company has raised the purchase price, it will begin repairing the building, searching for a shop keeper and, of course, planning a celebration. |
| website Return to index of stories... |
For information on tonight's program, and links to our guests and interviews, visit our web site at nhptv.o-r-g. You can see and hear streaming video of our broadcasts and participate in our daily poll. If you've got a story idea or comment on our program you can call us at 800-639-2721. |