HB211: relative to town clerk fee deposit requirements.

CHAPTER 100

HB 211 - FINAL VERSION

25mar03... 0164h

15may03... 1655eba

2003 SESSION

03-0536

08/10

HOUSE BILL 211

AN ACT relative to town clerk fee deposit requirements.

SPONSORS: Rep. Lockwood, Merr 35

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires that all statutory fees collected by a town clerk be deposited.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0164h

15may03... 1655eba

03-0536

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to town clerk fee deposit requirements.

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

100:1 Town Clerk Total Fund Deposit Requirement; Fees. RSA 41:25 is repealed and reenacted to read as follows:

41:25 Fees.

I. Town clerks shall be entitled to a minimum fee of $2 for recording a bill of conditional sale, a personal property mortgage or for a copy of any public records in his or her custody except copies of vital statistics, for recording writs of attachment, discharging a mortgage on the margin of a record or for recording an assignment thereof, provided, however, that each town, at the annual town meeting, may determine the rate and amount of compensation, in lieu of statutory fees, in combination with a portion of statutory fees or just statutory fees, to be allowed to the town clerk for his or her services.

II. Town clerks shall deposit all fees received with the town treasurer or in a municipal account controlled by the town treasurer at least monthly, or as directed by the selectmen, for the use of the town. In the event that any portion of the town clerk's compensation consists of statutory fees, the clerk shall submit an invoice for the amount of those fees to the treasurer, who shall pay out that amount to the clerk, notwithstanding RSA 32.

100:2 Duties of the Treasurer. Amend RSA 41:29, I to read as follows:

I. The town treasurer shall have custody of all moneys belonging to the town, and shall pay out the same only upon orders of the selectmen, or, in the case of a conservation fund established pursuant to RSA 36-A:5, upon the order of the conservation commission, or in the case of a heritage commission fund established pursuant to RSA 674:44-a upon the order of the heritage commission, or in the case of fees held pursuant to RSA 673:16, II, upon the order of the local land use board or its designated agent, or in the case of a recreation revolving fund established pursuant to RSA 35-B:2, upon the order of the recreation or park commission, or in the case of fees deposited by the town clerk pursuant to RSA 41:25, upon the invoice of the town clerk, or other board or body designated by the town to expend such a fund.

100:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 6, 2003)

(Effective Date: August 5, 2003)