Bill Text - HB142 (2009)

Relative to extending municipal leases.


Revision: Jan. 12, 2009, midnight

HB 142 – AS INTRODUCED

2009 SESSION

09-0607

08/03

HOUSE BILL 142

AN ACT relative to extending municipal leases.

SPONSORS: Rep. Henson, Rock 13; Rep. W. D. Scamman, Rock 13; Rep. S. Scamman, Rock 13; Rep. Schlachman, Rock 13

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows municipalities to extend the leases of municipal property by majority vote for up to 5 years.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0607

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to extending municipal leases.

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

1 Town Property; Lease Extensions. RSA 41:11-a is repealed and reenacted to read as follows:

41:11-a Town Property.

I. The selectmen shall have authority to manage all real property owned by the town and to regulate its use, unless such management and regulation is delegated to other public officers by vote of the town, or is governed by other statutes, including but not limited to RSA 31:112, RSA 35-B, RSA 36-A:4, and RSA 202-A:6.

II. The authority under paragraph I shall include the power to rent or lease such property during periods not needed for public use, provided, however, that any rental or lease agreement for a period of more than one year shall not be valid unless ratified by vote of the town.

III. Notwithstanding paragraph II, the governing body may, by majority vote, vote to authorize the board of selectmen to rent or lease municipal property for a term of up to 5 years without further vote or ratification of the town. Once adopted, this authority shall remain in effect until specifically rescinded by the governing body at any duly warned meeting, by a majority vote, provided that the term of any lease entered into prior to the rescission shall remain in effect.

2 Effective Date. This act shall take effect 60 days after its passage.