HB 1184 - AS INTRODUCED

2022 SESSION

22-2010

12/10

HOUSE BILL 1184

AN ACT authorizing the establishment of revolving funds.

SPONSORS: Rep. Trottier, Belk. 6; Rep. Littlefield, Belk. 3; Rep. O'Hara, Belk. 9; Rep. Lang, Belk. 4; Rep. Bordes, Belk. 3

COMMITTEE: Municipal and County Government

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ANALYSIS

This bill authorizes cities, counties, and village districts to establish revolving funds for certain purposes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2010

12/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT authorizing the establishment of revolving funds.

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

1 New Section; County Revolving Funds. Amend RSA 23 by inserting after section 22 the following new section:

23:23 Revolving Funds.

I. A county may, by vote of the county delegation, establish a revolving fund for its administration of the county or of unincorporated places in the county. Each revolving fund shall be limited to one of the following purposes:

(a) Facilitating, maintaining, or encouraging recycling as defined in RSA 149-M:4;

(b) Providing ambulance services, or fire services, or both;

(c) Providing public safety services by employees or volunteers outside of the ordinary detail of such persons, including but not limited to public safety services in connection with special events, highway construction, and other construction projects, or for any other public safety purpose deemed appropriate by the county;

(d) Creating affordable housing and facilitating transactions relative thereto;

(e) Providing cable access for public, educational, or governmental use;

(f) Financing of energy conservation and efficiency and clean energy improvements by participating property owners in an energy efficiency and clean energy district established pursuant to RSA 53-F; or

(g) Facilitating transactions relative to group net metering.

II. If a county establishes a revolving fund for any of the purposes listed in paragraph I, it may deposit into the fund all or any part of the revenues from fees, charges, or other income derived from the activities or services supported by the fund, and any other revenues approved by the legislative body for deposit into the fund. The money in the fund shall be allowed to accumulate from year to year, and shall not be considered part of the county's general surplus. The county treasurer shall have custody of all moneys in the fund, and shall pay out the same only upon order of the governing body, or other board or body designated by the local legislative body at the time the fund is created; provided, that no further approval of the legislative body, if different from the governing body, shall be required. Such funds may be expended only for the purposes for which the fund was created.

III. The county convention may, at the time it establishes a revolving fund or at any time thereafter, place limitations on expenditures from the fund including, but not limited to, restrictions on the types of items or services that may be purchased from the fund, limitations on the amount of any single expenditure, and limitations on the total amount of expenditures to be made in a year. No amount may be expended from a revolving fund established hereunder for any item or service for which an appropriation has been specifically rejected by the county convention during the same year.

IV. The provisions of this section shall not preclude the establishment of a revolving fund for any other purpose authorized by law.

2 New Section; City Revolving Funds. Amend RSA 44 by inserting after section 10-a the following new section:

44:10-b Revolving Funds.

I. A city may, by vote of the governing body, establish a revolving fund. Each revolving fund shall be limited to one of the following purposes:

(a) Facilitating, maintaining, or encouraging recycling as defined in RSA 149-M:4;

(b) Providing ambulance services, or fire services, or both;

(d) Creating affordable housing and facilitating transactions relative thereto;

(e) Providing cable access for public, educational, or governmental use;

(g) Facilitating transactions relative to group net metering.

II. If a city establishes a revolving fund for any of the purposes listed in paragraph I, it may deposit into the fund all or any part of the revenues from fees, charges, or other income derived from the activities or services supported by the fund, and any other revenues approved by the legislative body for deposit into the fund. The money in the fund shall be allowed to accumulate from year to year, and shall not be considered part of the county's general surplus. The councillors shall have custody of all moneys in the fund, and shall pay out the same only upon order of the governing body, or other board or body designated by at the time the fund is created; provided, that no further approval of the legislative body, if different from the governing body, shall be required. Such funds may be expended only for the purposes for which the fund was created.

III. The city council may, at the time it establishes a revolving fund or at any time thereafter, place limitations on expenditures from the fund including, but not limited to, restrictions on the types of items or services that may be purchased from the fund, limitations on the amount of any single expenditure, and limitations on the total amount of expenditures to be made in a year. No amount may be expended from a revolving fund established hereunder for any item or service for which an appropriation has been specifically rejected by the city council during the same year.

IV. The provisions of this section shall not preclude the establishment of a revolving fund for any other purpose authorized by law.

3 New Section; Village District Revolving Funds. Amend RSA 52 by inserting after section 26 the following new section:

52:27 Revolving Funds.

I. A village district may, by vote of the commissioners of the village district, establish a revolving fund. Each revolving fund shall be limited to one of the following purposes:

(a) Facilitating, maintaining, or encouraging recycling as defined in RSA 149-M:4;

(b) Providing ambulance services, or fire services, or both;

(d) Creating affordable housing and facilitating transactions relative thereto;

(e) Providing cable access for public, educational, or governmental use;

(g) Facilitating transactions relative to group net metering.

II. If a village district establishes a revolving fund for any of the purposes listed in paragraph I, it may deposit into the fund all or any part of the revenues from fees, charges, or other income derived from the activities or services supported by the fund, and any other revenues approved by the legislative body for deposit into the fund. The money in the fund shall be allowed to accumulate from year to year, and shall not be considered part of the county's general surplus. The commissioners shall have custody of all moneys in the fund, and shall pay out the same only upon order of the governing body, or other board or body designated by the local legislative body at the time the fund is created; provided, that no further approval of the legislative body, if different from the governing body, shall be required. Such funds may be expended only for the purposes for which the fund was created.

III. The legislative body may, at the time it establishes a revolving fund or at any time thereafter, place limitations on expenditures from the fund including, but not limited to, restrictions on the types of items or services that may be purchased from the fund, limitations on the amount of any single expenditure, and limitations on the total amount of expenditures to be made in a year. No amount may be expended from a revolving fund established hereunder for any item or service for which an appropriation has been specifically rejected by the legislative body during the same year.

IV. The provisions of this section shall not preclude the establishment of a revolving fund for any other purpose authorized by law.

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