Bill Text - HB1767 (2006)

Authorizing the state acquisition of real estate destroyed in the October 2005 floods, establishing a commission to determine the appropriate use of the property, and making an appropriation therefor.


Revision: Jan. 21, 2010, midnight

CHAPTER 256

HB 1767-FN-A – FINAL VERSION

22Mar2006… 1378h

05/04/06 2079s

05/04/06 2204s

24May2006… 2364cofc

2006 SESSION

06-3018

05/06

HOUSE BILL 1767-FN-A

AN ACT authorizing the state acquisition of real estate destroyed in the October 2005 floods, establishing a commission to determine the appropriate use of the property, and making an appropriation therefor.

SPONSORS: Rep. D. Eaton, Ches 2; Rep. Phinizy, Sull 5; Rep. Pratt, Ches 2; Rep. Hager, Merr 12; Rep. Hogancamp, Ches 4; Sen. Odell, Dist 8

COMMITTEE: Finance

AMENDED ANALYSIS

This bill:

I. Authorizes the state acquisition of real estate severely damaged or destroyed in the October 2005 floods and makes a general fund appropriation therefor.

II. Authorizes the commissioner of the department of transportation to accept and expend public and private gifts, grants, or donations for the purpose of purchasing property that was damaged or destroyed in the October 2005 floods.

III. Establishes a commission to determine the appropriate use of the property.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2006… 1378h

05/04/06 2079s

05/04/06 2204s

24May2006… 2364cofc

06-3018

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT authorizing the state acquisition of real estate destroyed in the October 2005 floods, establishing a commission to determine the appropriate use of the property, and making an appropriation therefor.

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

256:1 Acquisition of Real Estate Damaged or Destroyed in October 2005 Floods. Pursuant to RSA 228:31, the commissioner of the department of transportation with the advice and consent of the executive council, shall purchase, on behalf of the state, the property located in Alstead, Langdon, and Walpole that was severely damaged or destroyed in the October 2005 floods. Such property shall be purchased through the department of transportation, in accordance with state law and at the pre-flood assessed value less the total amount of financial aid that the current property owner received from any other source, such as insurance payments or state or federal disaster assistance. Nothing in this section shall require a property owner to sell his or her property.

256:2 Appropriation. The sum of $2,800,000 for the biennium ending June 30, 2007, is hereby appropriated to the department of transportation for the purpose of purchasing property pursuant to section 1 of this act. Such moneys shall be nonlapsing and continually appropriated to the department of transportation for the purposes of section 1 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

256:3 October 2005 Flood Relief; Grants, Gifts, or Donations. The commissioner of the department of transportation is authorized to accept and expend public sector and private sector grants, gifts, or donations of any kind for the purpose of purchasing property pursuant to section 1 of this act. Any moneys collected shall be nonlasping and continually appropriated to the department of transportation for the purposes of section 1 of this act.

256:4 Commission Established. A commission is established to determine the appropriate public use of flood-damaged property purchased by the state.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) One member of the board of selectmen from each of the following towns, appointed by that town’s board: Alstead, Langdon, and Walpole.

(d) One member appointed by the governor.

(e) The commissioner of the department of transportation, or designee.

II. Members of the commission shall serve without compensation, except that members shall receive mileage at the legislative rate when attending to the duties of the commission.

III. The commission shall determine the appropriate public use of flood-damaged property purchased by the state with general funds appropriated by this act, including the possibility of creating a state park or memorial park, or using the property for other recreational or conservation purposes.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.

V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before December 31, 2006.

256:5 Effective Date. This act shall take effect upon its passage.

Approved: June 8, 2006

Effective: June 8, 2006