HB1187: allowing municipalities to deposit land use change tax revenues into a heritage fund.

HB 1187-LOCAL - AS INTRODUCED

2003 SESSION

03-2157

10/09

HOUSE BILL 1187-LOCAL

AN ACT allowing municipalities to deposit land use change tax revenues into a heritage fund.

SPONSORS: Rep. Drisko, Hills 46

COMMITTEE: Municipal and County Government

ANALYSIS

This bill adds the option for a municipality to deposit land use change tax revenues into a heritage fund for use by the heritage commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2157

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT allowing municipalities to deposit land use change tax revenues into a heritage fund.

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

1 Land Use Change Tax; Disposition of Revenue; Heritage Fund Added. Amend RSA 79-A:25 to read as follows:

79-A:25 Disposition of Revenues.

I. Except as provided in paragraph II or II-a, all money received by the tax collector pursuant to the provisions of this chapter shall be for the use of the town or city.

II. The legislative body of the town or city may, by majority vote, elect to place the whole or a specified percentage, amount, or any combination of percentage and amount, of the revenues of all future payments collected pursuant to this chapter in a conservation fund in accordance with RSA 36-A:5, III. The whole or specified percentage or amount, or percentage and amount, of such revenues shall be deposited in the conservation fund at the time of collection.

II-a. The legislative body of the town or city may, by majority vote, elect to place the whole or a specified percentage, amount, or any combination of percentage and amount, of the revenues of all future payments collected pursuant to this chapter in a heritage fund in accordance with RSA 674:44-d. The whole or specified percentage or amount, or percentage and amount, of such revenues shall be deposited in the heritage fund at the time of collection.

III. If adopted by a town or city, the provisions of either or both of RSA 79-A:25, II and RSA 79-A:25, II-a shall take effect in the tax year beginning on April 1 following the vote and shall remain in effect until altered or rescinded pursuant to RSA 79-A:25, IV.

IV. In any town or city that has adopted the provisions of paragraph II or II-a, the legislative body may vote to rescind its action or change the percentage or amount, or percentage and amount, of revenues to be placed in the conservation fund or heritage fund. Any such action to rescind or change the percentage or amount, or percentage and amount, shall not take effect before the tax year beginning April 1 following the vote.

2 Land Use Change Tax Fund; References Added. Amend RSA 79-A:25-a to read as follows:

79-A:25-a Land Use Change Tax Fund.

I. Towns and cities may, pursuant to RSA 79-A:25-b, vote to account for all revenues collected pursuant to this chapter in a land use change tax fund separate from the general fund. After a vote pursuant to RSA 79-A:25-b, no land use change tax revenue collected under this chapter shall be recognized as general fund revenue for the fiscal year in which it is received, except to the extent that such revenue is appropriated pursuant to paragraph II of this section. Any land use change tax revenue collected pursuant to this chapter which is to be placed in a conservation fund in accordance with RSA 79-A:25, II or a heritage fund in accordance with RSA 79-A:25, II-a, shall first be accounted for as revenue to the land use change tax fund before being transferred to the conservation fund or heritage fund at the time of collection.

II. After any transfer to the conservation fund or heritage fund required under the provisions of RSA 79-A:25, II or II-a, the surplus remaining in the land use change tax fund shall not be deemed part of the general fund nor shall any surplus be expended for any purpose or transferred to any appropriation until such time as the legislative body shall have had the opportunity at an annual meeting to appropriate a specific amount from said fund for any purpose not prohibited by the laws or by the constitution of this state. At the end of an annual meeting, any unappropriated balance of land use change tax revenue received during the prior fiscal year shall be recognized as general fund revenue for the current fiscal year.

3 New Paragraph; Heritage Commission; Appropriations Authorized. Amend RSA 674:44-d by inserting after paragraph II the following new paragraph:

III. If the municipality has adopted the provisions of RSA 79-A:25, II-a, the specified percentage of the revenues received pursuant to RSA 79-A shall be placed in the heritage fund.

4 Effective Date. This act shall take effect 60 days after its passage.