SB 448-FN - AS INTRODUCED

 

 

2024 SESSION

24-3072

11/05

 

SENATE BILL 448-FN

 

AN ACT relative to the Woodsville fire district.

 

SPONSORS: Sen. Gendreau, Dist 1; Sen. Gray, Dist 6; Sen. Watters, Dist 4; Sen. Avard, Dist 12; Sen. Murphy, Dist 16; Rep. Ouellet, Coos 3; Rep. A. Davis, Coos 2

 

COMMITTEE: Election Law and Municipal Affairs

 

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ANALYSIS

 

This bill modifies the law on the operation and funding of the Woodsville fire district and directs that appropriations for the Woodsville fire district shall be as directed by warrant articles duly voted by district voters present and voting at each annual district 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3072

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to the Woodsville fire district.

 

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

 

1 Town of Haverhill; Woodsville Fire District. Amend 1887, 204:3, as amended by 1899, 196:2; 1990, 37:1; 2009, 147:1, and 2021, 91:434 to read as follows:

SECT. 3. Said district at each annual meeting shall elect by ballot a moderator, a clerk, one auditor, a treasurer, and three commissioners. All of said officers shall be elected by a majority vote of all the voters present and voting at the annual district meeting. Said officers shall exercise in relation to district meetings the like powers to those of moderator, clerk, and selectmen of towns. The commissioners shall have within the district all the powers of the mayor and aldermen of any city respecting highways, sidewalks, and sewers. Vacancies that may occur in the office of commissioner in the district shall be filled by appointment of the remaining commissioners or commissioner, but any commissioner appointed to fill a vacancy shall hold office only until the next annual district meeting. Commissioners shall be residents of the district. Commissioners [They] shall control and direct the expenditure of all moneys raised under authority of the district and collected on behalf of the district by the town of Haverhill for expenditure in the district.   They shall have sole authority to appoint a highway [surveyor] road agent in said district, and in default of such appointment shall themselves perform the duties of that office.   The [surveyor] road agent or commissioners performing the duties of highway [surveyor] road agent in the district shall [give bond to the town to account for all money coming into their hands, and for the proper care and custody of the property of the town or district which may come into their custody or control, and shall be deemed officers of the town.   Nothing in this act shall be construed to impose any] distinct or special liability upon the district respecting] be bonded.  The district shall be responsible and liable for highways within its limits. [Nothing in this section shall preclude the Woodsville fire district from maintaining the roads within the precinct at its own expense.]  If district residents vote at an annual district meeting to relinquish to the town of Haverhill the district’s responsibility and liability respecting highways within its limits, such a vote shall take effect one year from the vote.  [Vacancies that may occur in the office of commissioner in the district shall be filled by appointment of the remaining commissioners or commissioner, but any commissioner appointed to fill a vacancy shall hold office only until the next annual district meeting. Commissioners shall be residents of the district.] Highway block grant funds received by the town of Haverhill attributable to the road mileage within the district limits shall be distributed to the district in accordance with the department of transportation formula each year that the district remains responsible and liable for highways within its limits. Any appropriations [to] for highways within the Woodsville fire district shall be as directed by warrant articles duly voted by [the] district voters present and voting at each annual [Haverhill town] district meeting.

SECT. 3-A.  Pursuant to 2021, 91:435, the Woodsville fire district shall provide financial audits by a certified public accountant approved by the department of revenue administration that is compliant with generally accepted accounting practices (GAAP), of all funds received from the town of Haverhill and all other sources including state and federal funds, and of all funds expended by the fire district, for each calendar year commencing January 1 of the year after passage, as directed by the department of revenue administration.  The department of revenue administration shall approve the scope of the audit and shall receive monthly updates from the certified public accountant and the Woodsville fire district on the status of the audit while it is in progress.  The results of the audit shall be published on the town of Haverhill website within 60 days of delivery by the certified public accountant to the Woodsville fire district and the department of revenue administration.  The audit shall be at the expense of the Woodsville fire district.  Reimbursement of any expenses related to the audit incurred by the department of revenue administration shall be in accordance with the provisions of RSA 21-J:22.  The department of revenue administration may levy a fine of $250 per day against the Woodsville fire district for every day of noncompliance with section 3 of this act beyond one year from the effective date of section 3 of this act.  The commissioner may waive such fine at his or her discretion, subject to the good faith efforts of the Woodsville fire district to comply with all relevant laws and the provisions of section 3 of this act.

2  Effective Date.  This act shall take effect upon its passage.

 

LBA

24-3072

12/5/23

 

SB 448-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to modifying the law on the operation and funding of the Woodsville Fire District and directing that appropriations for the Woodsville Fire District shall be as directed by warrant articles duly voted by district voters present and voting at each annual district meeting.

 

FISCAL IMPACT:      [    ] State              [    ] County               [ X ] Local              [    ] None

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

$0

$0

$0

$0

Local Revenue

$0

Indeterminable

Local Expenditures

$0

Indeterminable

 

METHODOLOGY:

This bill modifies the law on the operation and funding of the Woodsville fire district and directs that appropriations for the Woodsville fire district shall be as directed by warrant articles duly voted by district voters present and voting at each annual district meeting.

 

The New Hampshire Municipal Association states this law alters the Woodsville fire district's operations and funding by directing a portion of the annual State highway block grant allocated to the Town of Haverhill to the Woodsville fire district, following the Department of Transportation formula.  Currently, the Woodsville fire district does not receive a share of the State highway block grant under RSA 235:23.

 

For the fiscal year 2024, Haverhill is expected to receive a highway block grant payment of $153,569.67 in four installments.  The impact of this change on local expenditures for both the Woodsville fire district and the town of Haverhill depends on the miles of class IV and class V roads within the Woodsville fire district and its population.  The resulting revenue increase would reduce the Woodsville fire district's local expenditures, while increasing expenditures for the town of Haverhill essentially redistributing existing revenues.

 

It is assumed any fiscal impact from this bill will not occur until after FY 2024.

 

AGENCIES CONTACTED:

New Hampshire Municipal Association