HB1307 (2008) Detail

Making technical corrections to town audit and reporting requirements.


CHAPTER 174

HB 1307 – FINAL VERSION

05Mar2008… 0659h

04/17/08 1230s

21May2008… 1846eba

2008 SESSION

08-2489

08/09

HOUSE BILL 1307

AN ACT making technical corrections to town audit and reporting requirements.

SPONSORS: Rep. Patten, Carr 4; Rep. Theberge, Coos 4

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill makes technical corrections to town audit and reporting requirements.

This bill also requires municipalities to have their tax rate recalculated after determination of a discrepancy in the warrant.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0659h

04/17/08 1230s

21May2008… 1846eba

08-2489

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT making technical corrections to town audit and reporting requirements.

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

174:1 Independent Audit. RSA 21-J:19 is repealed and reenacted to read as follows:

21-J:19 Audit.

I. Any town, or school district, or village district or precinct, at the annual meeting or at a special meeting, or the selectmen of any town, or the governing body of any city, or the school board of any school district, or the commissioners of any village district or precinct, may hire a certified public accountant or a public accountant licensed by the state under RSA 309-A:8 to conduct such an audit within one year after the close of the municipality’s fiscal year in accordance with audit guidelines and applicable statutes.

II. Every audit made by independent public accountants licensed under RSA 309-A:8, except examinations for special limited purposes, shall cover the accounts and records of all officials responsible for the receipt, custody, and disbursement of public funds. The audit reports shall include a summary of findings and recommendations regarding compliance with applicable statutory provisions of law, and the adequacy of accounting and business procedures pursued by the unit of government examined. Management letters, so-called, shall be included as part of the official audit findings and recommendations. Contracts executed between local units of government and counties and independent public accountants shall stipulate that all accounts and funds of the governmental unit are to be audited and a report of audit prepared in accordance with this section. A written or printed report of every completed audit shall be made to the proper local officials including a summary of the findings and recommendations of the auditors and a copy of such summary shall be published in the next annual report following the fiscal year in which the audit was completed.

174:2 Audit on Motion of Commissioner. Amend RSA 21-J:20 to read as follows:

21-J:20 Audit on Motion of Commissioner. The commissioner may cause an audit to be made of the accounts of any city, town, school district, or village district or precinct, as often as once in 2 years, or whenever conditions appear to him to warrant such audit. The accounts of all county officers shall be audited annually by [the commissioner of revenue administration or by] a certified public accountant, and a complete report of such audit shall be made available to the public.

174:3 Allowable Variance. Amend RSA 76:10 to read as follows:

76:10 Selectmen’s Lists and Warrant.

I. A list of all property taxes by them assessed shall be made by the selectmen under their hands, with a warrant under their hands and seal. The list shall be directed to the collector of such town, requiring the collector to collect the same, and to pay to the town treasurer such sums and at such times as may be therein prescribed. The selectmen shall assess such taxes to the owner as of April 1, or to the current owner, if known. The selectmen of a town or the board of assessors of a city may round off to the nearest dollar the total tax due on each parcel appearing on the list.

II. If the municipal tax collector finds a discrepancy of ½ of one percent or more between the amount of the warrant as committed to the tax collector of the municipality and the total property tax commitment calculated by the commissioner of revenue administration, based on the pertinent information provided by the municipality under RSA 21-J:34, the collector shall return the warrant to the municipality’s assessing officials for correction. If a correction cannot be made to generate a warrant with less than ½ of one percent discrepancy, the assessing officials shall submit a revised property summary inventory of valuation form as required under RSA 21-J:34, I, for recalculation of the tax rate by the commissioner of revenue administration. The municipality shall not issue property tax bills until such discrepancy is resolved.

174:4 County Budgets; Form Due Dates. Amend RSA 24:24 to read as follows:

24:24 Filing. The final form of the county budget [prepared in accordance with RSA 24:21] and the final form of all supplemental county appropriations adopted in accordance with RSA 24:14-a shall be filed with the secretary of state’s office and the commissioner of revenue administration [no later than 30 days after the adopting of the budget or supplemental appropriation] in accordance with the timeframes established in RSA 21-J:34, XII and XIV. Prior to said filing, the budget or supplemental appropriation shall be signed by the chairperson and clerk of the county convention.

174:5 Town Treasurer’s Duty to Submit Reports. Amend RSA 41:29, III to read as follows:

III. The town treasurer shall keep in suitable books provided for the purpose a fair and correct account of all sums received into and paid from town treasury, and of all notes given by the town, with the particulars thereof. At the close of each fiscal year, the treasurer shall make a report to the town and to the department of revenue administration, giving a particular account of all his or her financial transactions during the year and account balances at year end. The treasurer shall furnish to the selectmen statements from the treasurer’s books, and submit the books and vouchers to them and to the town auditors for examination, whenever so requested.

174:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 11, 2008

Effective Date: August 10, 2008