CHAPTER 1
SPECIAL SESSION HB 1-FN-A – FINAL VERSION
2008 SPECIAL SESSION
05/09
SPECIAL SESSION HOUSE BILL 1-FN-A
AN ACT relative to capital appropriations to the community college system, including the Pease campus renovation; relative to the bonding authority of the Pease development authority; relative to school building aid; relative to the secretary of state handling charge for electronic fee collection; and relative to certain fish and game programs and appropriations.
SPONSORS: Rep. Wallner, Merr 12; Sen. Foster, Dist 13
This bill:
I. Makes an appropriation to the community college system for the renovation of the Pease campus and specifies that a portion of the bonded appropriation shall be reduced or redeemed by the sale of the Stratham campus.
II. Lapses the unencumbered balance of certain prior appropriations to the community college system.
III. Extends the date by which the Stratham campus shall be transferred to Pease.
IV. Increases the state bonding authority for the Pease development authority and requires the authority to repay the state for a portion of the principal on the outstanding bonds.
V. Authorizes bonding of a portion of the funds appropriated to the capital fund related to school building aid.
VI. Repeals the prospective repeal of the electronic fee handling charge of the secretary of state.
VII. Corrects fish and game department operating budget totals and sources of funds for programs appropriated additional sums by HB 1648-FN of the 2008 legislative session.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2931
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to capital appropriations to the community college system, including the Pease campus renovation; relative to the bonding authority of the Pease development authority; relative to school building aid; relative to the secretary of state handling charge for electronic fee collection; and relative to certain fish and game programs and appropriations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1:1 Capital Appropriation; Community College System; Pease Campus Renovation.
I. The sum of $10,000,000 is hereby appropriated to the community college system of New Hampshire, for the purpose of the Pease campus renovation.
II. To provide funds for the appropriation made in paragraph I, the state treasurer is hereby authorized to borrow upon the credit of the state amounts not exceeding the sums listed in this paragraph and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A.
(a) The sum of $3,000,000 for which the payments of principal and interest on the bonds and notes shall be made from general funds of the state. Provided, however, that the amount shall be reduced by, or redeemed early by, the first $3,000,000 realized from the sale of the Stratham campus.
(b) The sum of $5,000,000 for which the payments of principal and interest on the bonds and notes shall be made from tuition and fees received by the community college system of New Hampshire. Provided, however, that the amount shall be reduced by, or redeemed early by, up to $2,500,000 realized from the sale of the Stratham campus.
(c) The sum of $2,000,000 for which the payments of principal and interest on the bonds and notes shall be made from general funds of the state.
III. The sums available for the project in this section shall be expended by the community college system board of trustees. The board of trustees may choose to utilize the services of the bureau of public works design and construction, department of administrative services. The community college system board of trustees is authorized to hire architects, professional engineers, surveyors, and contractors, in accordance with RSA 21-I:22. The board of trustees shall report on the progress of the project in paragraph I to the capital budget overview committee on a quarterly basis.
IV. The appropriation in this section shall not lapse until July 1, 2011.
1:2 Lapse of Prior Capital Project Balances.
I. The sum of $1,100,000 from the unencumbered balance of the appropriation to the community-technical college system in 2007, 264:1, IV, J for critical maintenance/repairs systemwide, shall lapse on the effective date of this section.
II. The sum of $197,598 from the unencumbered balance of the appropriation to the community-technical college system in 2005, 259:1, III, B, as extended by 2007, 264:29, XXV, for critical maintenance, Berlin, Laconia, shall lapse on the effective date of this section.
III. The sum of $373,363 from the unencumbered balance of the appropriation to the community-technical college system in 2005, 259:1, III, D, as amended by 2007, 264:24, and as extended by 2007, 264:29, XXVI, for critical maintenance, Manchester, Stratham, Pease shall lapse on the effective date of this section.
IV. The sum of $80,000 from the unencumbered balance of the appropriation to the community-technical college system in 2007, 264:1, IV, C for main campus renovations, Laconia, shall lapse on the effective date of this section.
V. The sum of $249,039 from the unencumbered balance of the appropriation to the community-technical college system in 2007, 264:1, IV, E for health, education, technology center - Nashua, shall lapse on the effective date of this section.
VI. The sum of $1,356,756 from the unencumbered balance of the appropriation to the adjutant general in 2007, 264:1, I, E for 195th Training Institute Land Acquisition shall lapse on the effective date of this section.
VII. The sum of $1,643,244 from the unencumbered balance of the appropriation to the university system of New Hampshire in 2005, 259:2, III, as amended by 2007, 264:25, for the renovation of the stadium and athletic complex on the UNH campus shall lapse on the effective date of this section.
1:3 Transfer of Stratham Campus to Pease; Date Extended. Amend 2005, 177:93 to read as follows:
177:93 Transfer of [Regional Community-Technical] Community College Campus from Stratham to Pease. On or before July 1, [2009] 2010, the [department of regional community-technical colleges] community college system of New Hampshire shall close the Stratham campus and transfer all educational and administrative functions to either the Pease campus, located at 320 Corporate Drive, Portsmouth or other [regional community-technical] community college campuses. The [commissioner of the department of regional community-technical colleges] board of trustees of the community college system and president of the [regional community-technical] college at Stratham, or their designees, shall meet with the capital budget overview committee within 6 months of the effective date of this act to review and secure preliminary approval of the exit strategy for the Stratham campus. Officials from the [department of regional community-technical colleges] community college system shall provide the capital budget overview committee with a progress report on the transfer from Stratham to Pease every 6 months, until the transfer is complete. As part of the relocation process, the Stratham campus shall be sold for not less than its fair market appraised value, subject to the approval of the long range capital planning and utilization committee. Proceeds from the sale shall be used, subject to the approval of the capital budget overview committee, to reduce outstanding state bond obligations for capital projects located on the campuses of the [regional community-technical colleges] community college system.
1:4 Repeal. 2007, 264:1, IV, G, relative to the capital budget authorization for the Pease campus renovation - main campus, is repealed.
1:5 Pease Development Authority; State Bond Guarantee; Amount. Amend RSA 12-G:31, I to read as follows:
I. In view of the general public benefits expected to be derived from the airport property acquisitions and airport projects to be financed under this chapter, and their contribution to the social and economic prosperity of the state and its political subdivisions, the governor and council may award an unconditional state guarantee of the principal and interest thereon of bonds issued pursuant to RSA 12-G:17-28. The full faith and credit of the state shall be pledged for any such guarantees of principal and interest, but the total amount of the principal of bonds guaranteed by the state under this section shall not exceed $[50,000,000] 70,000,000, plus interest. The governor, with the advice and consent of the council, is authorized to draw a warrant for such a sum out of any money in the treasury not otherwise appropriated, for the purpose of honoring any guarantee awarded under this section. The state’s guarantee shall be evidenced on each guaranteed bond by an endorsement signed by the state treasurer in substantially the following form:
The state of New Hampshire hereby unconditionally guarantees the payment of the whole of the principal and interest thereon of the within bond and for the performance of such guarantee the full faith and credit of the state are pledged. ____________________
State Treasurer
1:6 Pease Development Authority; State Bond Guarantee; Repayment. Amend RSA 12-G:31, III to read as follows:
III. In lieu of a state guarantee under this section, the state treasurer is authorized to borrow upon the credit of the state a sum not exceeding the total state bond guarantee authorized in [RSA 12-G:31,] paragraph I to make a loan or loans to the authority for the purposes of this chapter relating to airport property and airport purposes, and issue general obligation bonds or notes in the name of and on behalf of the state in accordance with the provisions of RSA 6-A. The terms and conditions of any such loan shall be determined by the state treasurer and the governor and council may impose such other conditions as they may deem appropriate. [Payments of principal and interest on the bonds or notes issued under this paragraph shall be made when due from available funds of the authority.] Not later than December 1, 2008, the authority shall make payment to the state for $10,000,000. The principal amount of bonds of the authority that may be guaranteed by the state under paragraph I [of this section] shall be reduced by the amount of bonds issued by the state under this paragraph.
1:7 Contingent School Building Aid Transfer; Fiscal Year 2008.
I. In the event of a general fund unreserved, undesignated deficit at the close of fiscal year 2008 as determined by the official audit performed pursuant to RSA 21-I:8, I(h), the commissioner of administrative services shall transfer appropriation authority and expenditures from the general fund to the capital fund related to the school building aid program pursuant to 2007, 262, PAU 06-03-02-02-02, in an amount equal to the lesser of:
(a) $40,000,000; or
(b) The unreserved, undesignated deficit in the general fund on June 30, 2008.
II. The state treasurer is hereby authorized to borrow upon the credit of the state and may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A, in the amount transferred from the general fund to the capital fund for the school building aid program as provided in paragraph I. Payments of principal and interest on the bonds and notes shall be made from the general fund.
III. The bond authorization provided by paragraph II is intended to provide funds to reimburse a portion of the expenditure made in fiscal year 2008 pursuant to 2007, 262, PAU 06-03-02-02-02, for school building aid.
1:8 Contingent School Building Aid Transfer; Fiscal Year 2009.
I. In the event of a general fund unreserved, undesignated deficit at the close of fiscal year 2009 as determined by the official audit performed pursuant to RSA 21-I:8, I(h), the commissioner of administrative services shall transfer appropriation authority and expenditures from the general fund to the capital fund related to the school building aid program pursuant to 2007, 262, PAU 06-03-02-02-02, in an amount equal to the lesser of:
(a) $40,000,000; or
(b) The unreserved, undesignated deficit in the general fund on June 30, 2009.
II. The state treasurer is hereby authorized to borrow upon the credit of the state and may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A, in the amount transferred from the general fund to the capital fund for the school building aid program as provided in paragraph I. Payments of principal and interest on the bonds and notes shall be made from the general fund.
III. The bond authorization provided by paragraph II is intended to provide funds for a portion of the expenditure made in fiscal year 2009 pursuant to 2007, 262, PAU 06-03-02-02-02, for school building aid.
1:9 Repeal of Prospective Repeal; Secretary of State Handling Charge for Electronic Fee Collection. 2004, 248:67, relative to the repeal of the electronic fee handling charge, is repealed.
1:10 Operating Budget; Total and Source of Funds; Fish and Game Department; Fleet Management. Amend 2007, 262:1, PAU 03-01-01-03-04, 2009 Total and Estimated Source Of Funds For Fleet Management, as follows:
Fiscal Year 2009
Strike out: TOTAL 493,988
Insert: TOTAL 526,579
Strike out: ESTIMATED SOURCE OF FUNDS
FOR FLEET MANAGEMENT
FISH AND GAME FUNDS 337,288
TOTAL 493,988
Insert: ESTIMATED SOURCE OF FUNDS
FOR FLEET MANAGEMENT
FISH AND GAME FUNDS 369,879
TOTAL 526,579
1:11 Operating Budget; Total and Source of Funds; Fish and Game Department; Hatcheries. Amend 2007, 262:1, PAU 03-01-03-01-02, 2009 Total and Estimated Source Of Funds For Hatcheries, as follows:
Fiscal Year 2009
Strike out: TOTAL 2,350,676
Insert: TOTAL 2,417,228
Strike out: ESTIMATED SOURCE OF FUNDS
FOR HATCHERIES
FISH AND GAME FUNDS 1,081,233
TOTAL 2,350,676
Insert: ESTIMATED SOURCE OF FUNDS
FOR HATCHERIES
FISH AND GAME FUNDS 1,147,785
TOTAL 2,417,228
1:12 Operating Budget; Total and Source of Funds; Fish and Game Department; Conservation Law Enforcement. Amend 2007, 262:1, PAU 03-01-05-01, 2009 Total and Estimated Source Of Funds For Conservation Law Enforcement, as follows:
Fiscal Year 2009
Strike out: TOTAL 4,262,366
Insert: TOTAL 4,277,926
Strike out: ESTIMATED SOURCE OF FUNDS FOR
CONSERVATION LAW ENFORCEMENT
FISH AND GAME FUNDS 3,396,034
TOTAL 4,262,366
Insert: ESTIMATED SOURCE OF FUNDS FOR
CONSERVATION LAW ENFORCEMENT
FISH AND GAME FUNDS 3,411,594
TOTAL 4,277,926
1:13 Operating Budget; Fish and Game Department; Summary. Amend 2007, 262:1, PAU 03-01 2009 Total and Estimated Source of Funds for Fish and Game Department, as follows:
Fiscal Year 2009
Strike out:
TOTAL 27,419,241
ESTIMATED SOURCE OF FUNDS FOR
FISH AND GAME DEPARTMENT
FEDERAL FUNDS 5,891,394
FISH AND GAME FUNDS 12,562,280
OTHER FUNDS 8,965,567
TOTAL 27,419,241
Insert:
TOTAL 27,533,944
ESTIMATED SOURCE OF FUNDS FOR
FISH AND GAME DEPARTMENT
FEDERAL FUNDS 5,891,394
FISH AND GAME FUNDS 12,676,983
OTHER FUNDS 8,965,567
TOTAL 27,533,944
1:14 Contingency. If HB 1648-FN of the 2008 legislative session becomes law then sections 10-13 of this act shall take effect on the effective date of HB 1648-FN. If HB 1648-FN of the 2008 legislative session does not become law then sections 10-13 of this act shall not take effect.
1:15 Effective Date.
I. Sections 10-13 of this act shall take effect as provided in section 14 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: June 10, 2008
Effective Date: I. Sections 10-13 shall take effect as provided in section 14.
II. Remainder shall take effect June 10, 2008