CHAPTER 180
HB 1513-FN – FINAL VERSION
03Feb2010… 0292h
24Mar2010… 0921h
2010 SESSION
03/01
HOUSE BILL 1513-FN
AN ACT relative to fees collected by the secretary of state.
SPONSORS: Rep. Jasper, Hills 27; Rep. Pierce, Graf 9
This bill:
I. Directs fees collected by the secretary of state for checklist information to the election fund.
II. Requires a specified balance in the election fund prior to expenditures from the fund.
III. Establishes a separate notary fee account.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Feb2010… 0292h
24Mar2010… 0921h
10-2423
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to fees collected by the secretary of state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
180:1 Availability of Checklist and Voter Information. Amend RSA 654:31, V to read as follows:
V. Except for fees collected on behalf of a city or town, fees collected by the secretary of state under this section shall be deposited in the [general fund] election fund established pursuant to RSA 5:6-d. Fees collected by a town or city or by the secretary of state on behalf of a city or town under this section shall be for the use of the town or city.
180:2 Election Fund. Amend RSA 5:6-d, III to read as follows:
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, election law enforcement, and improvements to related information technology. The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 15 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
180:3 Office Fees. Amend RSA 5:10 to read as follows:
5:10 Office Fees. Except as otherwise provided, the following fees shall be paid to the secretary of state for the use of the state: For every commission issued to a justice of the peace or to a notary public, $75, $25 of which shall be deposited into the fund established by RSA [660:31 for the use of the secretary of state and the attorney general as provided by RSA 455:17] 5:10-b; for every certificate pertaining to the existence of a corporation, trade name, or other business entity, or writ served on the same, $5; for every such certificate in long form, $10; for every apostille provided under the Hague Convention of 1961 and for every certificate for a notary public or justice of the peace, $10; for every other certificate under seal of the state, $5; for engrossing private acts, $1 for each page of 240 words; for expedited service of every 10 documents or any part thereof, $25.
180:4 New Section; Notary Fee Account. Amend RSA 5 by inserting after section 10-a the following new section:
5:10-b Notary Fee Account. There is established in the state treasury a separate account to be known as the notary fee account. All fees which are credited to this account shall be continually appropriated to the secretary of state. The account shall be used by the secretary of state to fulfill the duties established by RSA 455:17. Twenty-five dollars of every application fee for a commission as a notary public or justice of the peace under RSA 5:10 shall be credited to this account. The fund shall be nonlapsing, except that any balance remaining in the account over $100,000 at the end of a fiscal biennium shall lapse to the general fund.
180:5 Application of Receipts. Amend RSA 6:12, I(b)(41) to read as follows:
(41) The fees collected by the secretary of state under RSA 660:1 [and the designated portion of fees collected under RSA 5:10] which shall be credited to the recount administrative [and fee] account established under RSA 660:31.
180:6 New Subparagraph; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (299) the following new subparagraph:
(300) The designated portion of fees collected under RSA 5:10 which shall be credited to the notary fee account established by RSA :10-b.
180:7 Use of Notary Fees. Amend RSA 455:17, II to read as follows:
II. The secretary of state may use the funds from the portion of the fees paid by applicants for commissions as a notary public or a justice of the peace deposited into the fund established in RSA [660:31] 5:10-b for the preparation, printing, and distribution of a notary public/justice of the peace manual, other education of notaries public/justices of the peace, or both, and the acquisition, development, and maintenance of electronic records systems that will enhance the efficiency of the management of public records maintained by his or her office and to enhance the ease of submitting applications and renewals. The secretary of state shall enter into an agreement with the attorney general to provide funds from the fund established in RSA [660:31] 5:10-b for the use of the attorney general for legal services related to the notary public/justice of the peace manual and for the enforcement of laws relating to notary public or justice of the peace misconduct.
180:8 Recount and Administrative Fee Account. Amend RSA 660:31 to read as follows:
660:31 Depositing Fees and Assessments. There is established in the state treasury a separate nonlapsing account to be known as the recount administrative [and fee] account. The account shall be used by the secretary of state for the administration of recounts under RSA 660 [and to fulfill the duties established by RSA 455:17]. Notwithstanding any other provision of law, all fees which are paid to the secretary of state under RSA 660:1 [and the portion of application fees for commissions as a notary public or justice of the peace under RSA 5:10] shall be credited to this account. All fees which are credited to this account shall be continually appropriated to the secretary of state.
180:9 Transfer of Funds. The treasurer shall transfer all funds deposited in the general fund pursuant to RSA 654:31, V, as amended by 2009, 144:219, to the election fund established pursuant to RSA 5:6-d.
180:10 Effective Date. This act shall take effect upon its passage.
Approved: June 21, 2010
Effective Date: June 21, 2010