HB 72-FN-A – AS AMENDED BY THE SENATE
04/20/11 1439s
2011 SESSION
03/04
HOUSE BILL 72-FN-A
AN ACT establishing a state aeronautical fund.
SPONSORS: Rep. Nevins, Rock 15; Rep. Campbell, Hills 24; Rep. L. Ober, Hills 27; Rep. Weyler, Rock 8; Rep. Rodeschin, Sull 2; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Stiles, Dist 24
This bill establishes a state aeronautical fund and authorizes the commissioner of the department of transportation to accept donations to the fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/20/11 1439s
11-0110
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT establishing a state aeronautical fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; General Fund Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (304) the following new subparagraph:
(305) Moneys deposited in the state aeronautical fund pursuant to RSA 422:35.
2 Aeronautics; Disposition of Revenue. Amend RSA 422:35 to read as follows:
422:35 Disposition of Revenue.
I. All fees, fines, or other income received under the provisions of this chapter shall be paid by the department to the state treasurer, except as provided in RSA 422:36.
II. There is hereby established the state aeronautical fund. The commissioner is authorized to accept gifts to further the purposes of this chapter and shall deposit them in the fund. The moneys in the fund shall be nonlapsing and shall be continually appropriated to the department for the purpose of funding maintenance of airports within the state that are open for public use and planning and implementing capital improvements to such airports. The commissioner may also accept and sell to a third party surplus airport equipment disposed of by the federal government and shall deposit the proceeds of the sale in the fund for the purpose of funding maintenance of and planning and implementing capital improvements to the airport where the equipment was located prior to disposal.
III. The director shall annually report on the state aeronautical fund to standing committees of the senate and the house of representatives with jurisdiction over taxation and jurisdiction over aeronautical projects. The format of the report shall be as follows:
(a) Total moneys received from each revenue source.
(b) List of projects funded and expenditure totals for each.
(c) Moneys remaining in the fund.
3 New Section; Property Held in Airport Property Rooms. Amend RSA 471-C by inserting after section 13 the following new section:
471-C:13-a Property Held in Airport Property Rooms.
I. Notwithstanding any other provisions of law to the contrary, an airport director or designee may dispose of all noncontraband abandoned or lost property that has been held in an airport property room for a period of 180 days and not claimed by the owner. If the owner is unknown or if the owner fails to claim the property within 60 days of being notified to claim the property, the airport director or designee may:
(a) Destroy abandoned or lost property which may contain personal or business information, or property which has a value of less than $25.
(b) Return currency to an identified finder. The identified finder shall claim the currency within 60 days of being notified to claim the currency, otherwise said currency shall be retained by the airport for its use in aeronautical activities.
II.(a) An airport director or designee may dispose of all noncontraband abandoned or lost property that has been held in an airport property room for a period of 180 days which the airport director or his or her designee has not been able to dispose of under paragraph I by:
(1) Donating property which may be of value to a charitable organization to charity; or
(2) Selling the property at public auction. The airport director or designee shall fix a day upon which the auction shall take place, and give notice thereof by publication in a daily newspaper. The notice shall state the date, time, and place when such auction shall commence and shall contain a general description of the types of property to be sold. The notice shall be signed by an airport director or designee. The proceeds of such auction shall be retained by the airport for its use in aeronautical activities or donated to the state aeronautical fund; or
(3) Selling the property on an internet auction site with sufficient buyer participation to ensure that the property receives adequate exposure to the market for goods of the type being disposed of. The proceeds of such auction shall be retained by the airport for its use in aeronautical activities or donated to the state aeronautical fund.
(b) Property which fails to sell at public auction or on an internet auction site may be disposed of in any manner which the airport director or designee deems fit.
III. The airport and the state, municipality, authority, or other entity which owns or manages the airport shall have no liability for any claim thereafter arising or made with respect to property disposed of under this section.
4 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0110
Amended 04/22/11
HB 72 FISCAL NOTE
AN ACT establishing a state aeronautical fund.
FISCAL IMPACT:
The Department of Transportation states this bill, as amended by the Senate (Amendment #2011-1439s), will increase state restricted revenues and restricted expenditures by an indeterminable amount in FY 2011 and each fiscal year thereafter. There will be no fiscal impact on county and local expenditures or revenues.
METHODOLOGY:
This bill establishes a state aeronautical fund and authorizes the commissioner of the Department of Transportation to accept donations to the fund. The proposed legislation also allows for proceeds derived from the sale of surplus airport equipment disposed of by the federal government to be deposited into the fund and to be expended on maintenance and capital improvements to the airport from which the equipment originated. Thirdly, the proposed legislation allows property held in airport property rooms for a period of 180 days and not claimed by the owner to be sold, donated to charity, or disposed of provided that any proceeds derived from the sale of such items either be donated to the fund or retained by the airport for use in aeronautical activities. The bill states the moneys in the fund shall be non-lapsing and continually appropriated to the Department for the purposes of funding maintenance and planning and implementing capital improvements for public use airports located within the state.
The Department states the bill will increase state aeronautical fund revenue and expenditures by an indeterminable amount as it can not anticipate the level of funding that would be obtained, and subsequently expended, as a result of donations, including donations derived from the sale of abandoned property described above, being made to the fund or by any proceeds obtained from the sale of surplus airport equipment disposed of by the federal government. The Department also states although there is no impact to county and local revenues or expenditures; certain public use airports owned and operated by municipalities and/or other entities may be recipients of grant funds disbursed from the proposed aeronautical fund.