HB1211: relative to the expenditure of land use change tax revenues.

HB 1211 - AS INTRODUCED

2003 SESSION

03-2202

10/01

HOUSE BILL 1211

AN ACT relative to the expenditure of land use change tax revenues.

SPONSORS: Rep. Jasper, Hills 66

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows towns to adopt a procedure for holding surplus land use change tax revenues in a nonlapsing fund for expenditure at annual meeting.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2202

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the expenditure of land use change tax revenues.

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

1 Land Use Change Tax Fund; Carry Over of Revenues. Amend RSA 79-A:25-a, II to read as follows:

II. After any transfer to the conservation fund required under the provisions of RSA 79-A:25, II, the surplus remaining in the land use change tax fund shall be distributed by one of the following methods:

(a) Surplus funds 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; or

(b) Surplus funds shall be held in a non-lapsing fund in the custody of the treasurer. Such funds, by vote of the legislative body at a current year or subsequent year annual meeting, may be appropriated in whole or in part, for any purpose not prohibited by the laws or by the constitution of this state, or transferred in whole or in part to the general fund to be recognized as general fund revenue.

2 Procedure for Adoption. RSA 79-A:25-b is repealed and reenacted to read as follows:

79-A:25-b Procedure for Adoption, Modification, or Recission.

I. Any town or city may adopt an optional procedure for accounting for land use change tax revenues under RSA 79-A:25-a in the following manner:

(a) In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3.

(b) In a city or town that has adopted a charter pursuant to RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such municipality may vote to place the question on the official ballot for any regular municipal election.

II. The vote shall specify the provisions of RSA 79-A:25-a to be adopted. If adopted, the procedure for accounting for land use change tax revenues shall take effect immediately.

III. A municipality may modify or rescind the optional procedure for accounting for land use change tax revenues under RSA 79-A:25-a in the manner described in this section.

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