Revision: Dec. 22, 2011, midnight
HB 1552-FN – AS INTRODUCED
2012 SESSION
06/05
HOUSE BILL 1552-FN
AN ACT repealing or inactivating certain funds and relative to the reporting of funds.
COMMITTEE: Executive Departments and Administration
This bill repeals or inactivates certain funds.
This bill also modifies the method of reporting certain funds.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2481
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT repealing or inactivating certain funds and relative to the reporting of funds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. The following are repealed:
I. RSA 402:66, relative to fireman's relief fund.
II. RSA 374:22-q, relative to public interest payphone fund.
III. RSA 186:7-a, relative to special teacher competence fund.
IV. RSA 6:12, I(b)(113), relative to fireman's relief fund.
V. RSA 6:12, I(b)(230), relative to public interest payphone fund.
VI. RSA 6:12, I(b)(139), relative to special teacher competence fund.
2 Fireman’s Relief Fund; Public Interest Payphone Fund; Special Teacher Competence Fund; Lapse to General Fund. Upon the effective date of this act, any moneys remaining in the fireman’s relief fund, the public interest payphone fund, and the teacher competence fund shall lapse to the general fund.
3 Annual Reporting Requirement for Certain Dedicated Funds. Amend the introductory paragraph of RSA 6:12-e to read as follows:
The definitions established in RSA 6:12 shall apply to this section. The administrator of each fund, account, or trust listed in RSA 6:12, RSA 6:12-b, RSA 6:12-c, and RSA 6:12-d shall complete and file with the commissioner of administrative services within 60 days of the end of each biennium [an annual] a report on a standard, searchable, electronic form to be prescribed by the department of administrative services, [with the commissioner of administrative services on or before September 15, 2009, and each year thereafter] using the best data available at that time. The commissioner of administrative services shall compile these reports into a [single document on or before November 15 of each year] comprehensive annual financial report and forward it to the governor, the president of the senate, the speaker of the house of representatives, and the legislative budget assistant. The commissioner of administrative services shall also forward the reports to the relevant legislative policy committees of the house and senate as indicated on said reports by the administrator of each fund, account, or trust [by November 15. Each annual report]. If, as a result of audit, the comprehensive annual financial report is found to be materially in error, a corrected report shall be submitted within 60 days. Each report shall be made available in an electronic format capable of being sorted and extracted and shall include, but not be limited to:
4 New Section; Automatic Lapse of Funds. Amend RSA 6 by inserting after section 12-h the following new section:
6:12-i Automatic Lapse of Funds. Notwithstanding any other provision of law to the contrary:
I. The commissioner of the department of administrative services shall notify the relevant department and policy committees of the legislature of any fund that does not report activity or balances as required by this subdivision.
II. If no response is received from such department or committee, or if such department or committee notifies the commissioner of the department of administrative services that such fund is inactive, the commissioner shall so inform the state treasurer and any balance in the fund shall lapse to the general fund. In the case of funds held in trust, the funds shall revert to the settlors of the trust or, if such persons cannot be found, shall escheat to the state.
5 Deposits and Other Payments as Held by Utilities. RSA 471-C:8, IV is repealed and reenacted to read as follows:
IV. Any public utility that operates any plant or equipment or any part of same for the conveyance of telephone or telegraph messages shall remit 15 percent of the funds which would have been presumed to be abandoned under paragraph I, together with the report required under RSA 471-C:21, I, to be used to compensate the administrator for the costs of notice and publication under RSA 471-C:20. The utility shall remain obligated to file its report of such abandoned property as required by RSA 471-C:19.
6 Filing of Claim with Administrator. Amend RSA 471-C:26, I(b) to read as follows:
(b) A person claiming an abandoned utility deposit or any other abandoned property under the provisions of RSA 471-C:8 that was not deposited with the administrator pursuant to RSA 471-C:8, II or IV, may file a claim on a form prescribed by the administrator and verified by the claimant. Any claim paid by the administrator under this paragraph, shall be reimbursable by the utility company which originally reported the property as abandoned [or the public interest payphone fund established under RSA 374:22-q]. The utility company [or the public interest payphone fund] shall remit such payment upon notification of the claim by the administrator.
7 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2481
12/13/11
HB 1552-FN - FISCAL NOTE
AN ACT repealing or inactivating certain funds and relative to the reporting of funds.
FISCAL IMPACT:
The Treasury Department and the Public Utilities Commission state this bill will have an indeterminable impact on state revenues in FY 2012 and each year thereafter. There will be no impact on state expenditures, or county and local revenues or expenditures.
METHODOLOGY:
The Treasury Department states this bill would repeal the special teacher competence fund with the remaining balance lapsing to the state’s general fund. The Department states the balance of the special teacher competence fund as of August 31, 2011 is $201,550.16. The Department states this bill also would repeal and reenact RSA 471-C:8, IV relative to deposits and other payments held by utilities. The Department states this bill provides that 15% of reportable property be remitted to the state, but is silent on the remaining 85%. The Department states under current provisions the 85% would go to the public interest payphone fund, and this bill would essentially leave the 85% with the holder utility and could result in a reduction to state revenues as funds that would otherwise be escheated to the state’s general fund would remain with the holder utility indefinitely.
The Public Utilities Commission states this bill would repeal the public interest payphone fund with the remaining balance lapsing to the state’s general fund. The Commission states the balance of the public interest payphone fund is $4,449.46.
The Department of Administrative Services states this bill makes several changes to agency reporting and final statewide reporting of certain state dedicated funds. The Department states any changes in its current reporting procedures of dedicated funds as a result of this bill would be absorbed in its current budget.