sb 0381

CHAPTER 317

SB 381 – FINAL VERSION

AN ACT relative to conservation commissions.

SPONSORS: Sen. Burling, Dist 5; Sen. Barnes, Dist 17; Sen. Cilley, Dist 6; Sen. Clegg, Dist 14; Sen. Janeway, Dist 7; Sen. Kenney, Dist 3; Sen. Odell, Dist 8; Sen. Reynolds, Dist 2; Sen. Roberge, Dist 9; Sen. Sgambati, Dist 4; Rep. Jillette, Sull 2; Rep. Franklin, Sull 2

This bill allows conservation commissions to contribute money from the conservation fund to certain qualified organizations for the purchase of property interests to be held by the organization when such purchase carries out the purposes for which conservation commissions are established. This bill also authorizes conservation commissions to purchase interests in land outside the boundaries of the municipality.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to conservation commissions.

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

317:1 Conservation Commissions; Method of Adoption. Amend RSA 36-A:1 to read as follows:

36-A:1 Method of Adoption. Any city by vote of its city council, and any town at any duly warned meeting, may adopt or rescind the provisions of this chapter.

317:2 Conservation Commissions; Powers. RSA 36-A:4 is repealed and reenacted to read as follows:

36-A:4 Powers. Said commission may receive gifts of money, personal property, real property, and water rights, either within or outside the boundaries of the municipality, by gift, grant, bequest, or devise, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission for the purposes of this section. Said commission may acquire in the name of the city or town, subject to the approval of the local governing body, by purchase, the fee in such land or water rights within the boundaries of the municipality, or any lesser interest, development right, easement, covenant, or other contractual right including conveyances with conditions, limitations, or reversions, as may be necessary to acquire, maintain, improve, protect, or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within their city or town, and shall manage and control the same, but the city or town or commission shall not have the right to condemn property for these purposes.

317:3 New Section; Conservation Commissions; Additional Powers. Amend RSA 36-A by inserting after section 4 the following new section:

I. The legislative body of a city or town may vote at an annual meeting to authorize the conservation commission to:

(a) Expend funds for the purchase of interests in land outside the boundaries of the municipality, subject to the approval of the local governing body; and

(b) Expend funds for contributions to “qualified organizations,” as defined in section 170(h)(3) of the Internal Revenue Code of 1986, for the purchase of property interests or facilitating transactions relative thereto to be held by the qualified organization, when such purchase carries out the purposes of this chapter. Because such contributions further the protection of the state’s natural resources, they are hereby declared to be a public purpose.

II. A vote under this section may be taken simultaneously with the adoption of this chapter or any time thereafter. If the vote is taken simultaneously with the adoption of this chapter, a separate question shall be placed on the warrant.

(a) The wording of the question under subparagraph I(a) shall be: “Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(a) to authorize the conservation commission to expend funds to purchase interests in land outside the boundaries of our municipality, subject to the approval of the local governing body?”

(b) The wording of the question under subparagraph I(b) shall be: “Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(b) to authorize the conservation commission to expend funds for contributions to ‘qualified organizations’ for the purchase of property interests, or facilitating transactions related thereto, where the property interest is to be held by the qualified organization and the town will retain no interest in the property?”

III. The provisions of this section may be rescinded by vote of the legislative body.

317:4 Appropriations Authorized; Contributions to Qualified Organizations. Amend RSA 36-A:5, II to read as follows:

II. The town treasurer, pursuant to RSA 41:29, shall have custody of all moneys in the conservation fund and shall pay out the same only upon order of the conservation commission. The disbursement of conservation funds shall be authorized by a majority of the conservation commission. Prior to the use of such funds for the purchase of any interest in real property or for a contribution to a qualified organization for the purchase of property interests under RSA 36-A:4-a, I(b), the conservation commission shall hold a public hearing with notice in accordance with RSA 675:7.