SB 18-FN-A – AS INTRODUCED
2009 SESSION
05/09
SENATE BILL 18-FN-A
AN ACT increasing the staff and information technology responsibilities of the department of justice, charitable trust unit and establishing the charitable trust protection fund.
This bill:
I. Permits the attorney general to appoint additional staff to the charitable trust unit in order to fulfill the obligations of the department.
II. Establishes the charitable trust protection fund to fund the additional positions.
III. Clarifies the information and services of the charitable trust unit that are to be made available electronically.
This bill is a request of the department of justice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0282
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT increasing the staff and information technology responsibilities of the department of justice, charitable trust unit and establishing the charitable trust protection fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Director of Charitable Trusts. Amend RSA 7:20 to read as follows:
7:20 Director of Charitable Trusts.
I. The director of charitable trusts shall be appointed in the same manner as an assistant attorney general under RSA 7:16. The director, under the supervision of the attorney general, shall have and exercise all the common law and statutory rights, duties, and powers of the attorney general in connection with the supervision, administration, and enforcement of charitable trusts, charitable solicitations, and charitable sales promotions.
II. The attorney general shall appoint such investigators, financial analysts, and staff as may be necessary to perform such duties as may be necessary to fulfill the obligations of this subdivision. The director of charitable trusts and any other positions created under this subdivision shall be funded through the charitable trust protection fund established in RSA 7:20-a.
2 New Section; Charitable Trust Protection Fund. Amend RSA 7 by inserting after section 20 the following new section:
7:20-a Charitable Trust Protection Fund.
I. There is established in the office of the state treasurer a nonlapsing fund to be known as the charitable trust protection fund which shall be kept distinct and separate from all other funds. The charitable trust protection fund is established to receive all fees, penalties, or other money paid under this subdivision.
II. The treasurer shall deposit in the charitable trust protection fund all amounts collected by the department of justice under this subdivision. The attorney general is authorized to accept, budget, and expend moneys in the charitable trust protection fund received from any party without the approval of the governor and council for the purposes of recruitment, training, administration, overhead, and supervision of the director of charitable trusts, and such assistant attorneys general and support staff as necessary for the purposes of this subdivision.
III. All moneys in the charitable trust protection fund shall be continually appropriated to the department of justice and shall not lapse.
3 Charitable Trust Information Technology. RSA 7:32-a is repealed and reenacted to read as follows:
7:32-a Charitable Trust Information Technology. The director of charitable trusts shall prepare and make available on the state website regulation and reporting forms, relevant laws and regulations, an information database, on-line registration and reporting, on-line complaint forms, and a directory of information relative to charitable trusts. Electronic registration and reporting shall include a method for on-line payment of fees. The electronic directory shall be accessible to the public at no cost. The charitable trust information technology shall be funded by the charitable trust protection fund established in RSA 7:20-a.
4 New Subparagraph; Charitable Trust Protection Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the charitable trust protection fund by the treasurer under RSA 7:20-a.
5 Position Authorized; Charitable Trust Unit.
I. In order to facilitate the state's review and analysis of ever increasingly complex filings with the charitable trust unit, and further in order to protect the charitable purpose of organizations required to file with the charitable trust unit, the department of justice charitable trust unit shall have the authority to hire a full-time financial analyst at labor grade 28.
II. The position created in paragraph I shall be funded through the charitable trust protection fund established in RSA 7:20-a.
6 Effective Date. This act shall take effect July 1, 2009.
LBAO
09-0282
12/22/08
SB 18-FN-A - FISCAL NOTE
AN ACT increasing the staff and information technology responsibilities of the department of justice, charitable trust unit and establishing the charitable trust protection fund.
FISCAL IMPACT:
The Department of Justice states this bill will increase state restricted expenditures and revenue and decrease state general fund expenditures and revenue by an indeterminable amount in FY 2010 and each year thereafter. There is no fiscal impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Justice states this bill establishes the charitable trust protection fund, a non-lapsing, continually appropriated fund, to be used to fund positions appointed by the attorney general necessary to fulfill the obligations of the charitable trust unit and fund information technology needs of the unit. The charitable trust protection fund will be used by the unit to develop and make available online access for enrolling, making payments, and reporting information. The Department is unable to determine the costs associated with the development and maintenance of the online access component of this bill. This bill also establishes the position of financial analyst (labor grade 28) to be paid using the charitable trust protection fund. The costs associated with the financial analyst are as follows:
FY 2010 |
FY 2011 |
FY 2012 |
FY 2013 | |
Financial Analyst (LG 28) |
$50,915 |
$53,138 |
$55,497 |
$57,935 |
Benefits |
23,467 |
25,154 |
26,976 |
28,941 |
Current Expense |
1,000 |
1,000 |
1,000 |
1,000 |
Equipment |
3,700 |
500 |
500 |
500 |
In State Travel |
1,000 |
1,000 |
1,000 |
1,000 |
Out of State Travel |
2,000 |
2,000 |
2,000 |
2,000 |
Total |
$82,082 |
$82,792 |
$86,973 |
$91,376 |
LBAO
09-0282
12/22/08
The Charitable Trust unit is funded by filing fees. For FY 2004 through FY 2008, the Charitable Trust unit’s filing fee revenue exceeded expenditures, resulting in an average lapse of $110,000 to the general fund for that period. The creation of the charitable trust protection fund will decrease general fund revenue.