Revision: Dec. 29, 2015, midnight
\t \t\tHB 1686-FN - AS INTRODUCED
2016 SESSION
\t16-2685
\t05/01
HOUSE BILL\t1686-FN
AN ACT\trepealing the community heritage investment program.
SPONSORS:\tRep. Ammon, Hills. 40; Rep. Osborne, Rock. 4; Rep. Aldrich, Belk. 2; Rep. Hoell, Merr. 23; Rep. Jones, Straf. 24
COMMITTEE:\tFinance
-----------------------------------------------------------------
ANALYSIS
\tThis bill repeals the community heritage investment program.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2685
\t05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trepealing the community heritage investment program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Repeal. The following are repealed:
\t\tI. RSA 227-M, relative to the New Hampshire land and community heritage investment program.
\t\tII. RSA 6:12, I(b)(116), relative to the trust fund for the New Hampshire land and community heritage investment program under RSA 227-M:7.
\t\tIII. RSA 261:97-c, V, relative to funds from the conservation number plate trust fund.
\t\tIV. RSA 478:17-g, II, relative to recording fees in the register of deeds.
\t2 Transfer of Funds. On June 30, 2016, the balance of funds in the trust fund for the New Hampshire land and community heritage investment program, established in RSA 227-M:7, shall lapse to the general fund.
\t3 Land Conservation Investment Program; Reference Change. Amend RSA 162-C:6, VII to read as follows:
\t\tVII. Compensation due to the state under this section shall be deposited in the [trust fund of the New Hampshire land and community heritage investment program established under RSA 227-M and used for the purposes of that program] general fund. Compensation due to municipalities shall be dedicated to the acquisition or monitoring of protected lands consistent with the purposes of this chapter. Compensation due to landowners of conservation easement lands shall be as specified in the conservation easement, deed, or as otherwise negotiated. Any party aggrieved by the amount of compensation may file a petition with the superior court in the same manner as damage appeals are filed from the board of tax and land appeals under RSA 498-A:27.
\t4 Land Conservation Investment Program; Powers and Duties; Reference Change. Amend RSA 162-C:7 to read as follows:
\t162-C:7 Powers and Duties. The council shall oversee, direct, and expend funds in the monitoring endowment of the former New Hampshire land conservation investment program in accordance with the purposes of this subdivision [and RSA 227-M:12]. This includes, but is not limited to, the authority to draw upon funds for the administrative costs of the endowment.
\t5 Land Conservation Investment Program; Monitoring Endowment; Reference Change. Amend RSA 162-C:8, I-III to read as follows:
\t\tI. The monitoring endowment established by the board of directors pursuant to former RSA 221-A:5, III shall be maintained in perpetuity and shall be utilized by the council only for the purposes of monitoring and enforcing the property rights of persons with ownership interests in property acquired through the former land conservation investment program. [Additional contributions to the endowment pursuant to RSA 227-M:12, I shall be accounted for separately and shall be utilized only for the purposes of RSA 227-M:12, II.] Additional gifts, donations, and grants to the endowment may be utilized for monitoring and enforcing other land conservation interests that may be acquired by the state of New Hampshire.
\t\tII. The principal of the endowment shall be managed by the state treasurer for the sole purpose of providing a perpetual source of income, as defined by the state treasurer, for the purposes set forth in this subdivision [and RSA 227-M:12].
\t\tIII. Any income earned on the endowment principal which is not used for the purposes set forth in this subdivision [and RSA 227-M:12] within the fiscal year in which it is earned shall be nonlapsing. The state treasurer is authorized to accept gifts, donations, and grants, including federal gifts, donations, and grants, for the purposes set forth in this chapter, and such gifts, donations and grants shall be added to the principal amount.
\t\tI. Section 2 of this act shall take effect June 30, 2016.
\t\tII. The remainder of this act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2685
\t\t\t\t\t\t\t\t\t\t\t12/23/15
HB 1686-FN- FISCAL NOTE
AN ACT\trepealing the community heritage investment program.
FISCAL IMPACT:
The New Hampshire Land and Community Heritage Investment Program, Treasury Department, Department of Safety, and New Hampshire Association of Counties state this bill, as introduced, will decrease state restricted revenue, increase state general fund revenue, decrease state restricted expenditures, and decrease county revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to county and local expenditures or local revenue.
METHODOLOGY:
The New Hampshire Land and Community Heritage Investment Program (LCHIP) and Treasury Department state this bill repeals LCHIP, the LCHIP trust fund, the LCHIP administrative fund, and LCHIP's funding mechanisms effective July 1, 2017. Funding for the trust fund comes from the $25 surcharge applied to recording fees collected by county register of deeds. This bill requires all funds held in the LCHIP trust fund to lapse to the general fund on June 30, 2016. LCHIP states all monies currently in the trust fund have been encumbered for future projects and assumes funds already encumbered will not be returned to the general fund. Under current law, funding for the LCHIP administrative fund, cannot exceed $335,000 each fiscal year, and is derived from the conservation number plate program and interest earned from the trust fund. LCHIP's FY 2015 actual administrative expenditures were approximately $280,000 and the budgeted amount for FY 2016 is approximately $330,000. This bill removes the provision from RSA 162-C:7 that permits funds be deposited into the LCHIP trust fund from the Land Conservation Investment Program. The Treasury Department states it is not aware of having received funds pursuant to RSA 162-C:7 for deposit into the LCHIP trust fund.
The Department of Safety states LCHIP received approximately $200,000 from the conservation state plate fund in FY 2015. Future funds would be deposited into the general fund.
The New Hampshire Association of Counties states this bill would eliminate the $25 surcharge applied to the recording of documents and the four percent of the surcharge retained by county register of deeds pursuant to RSA 478:17-g II(b). The Association states eliminating the four percent retained by each county register of deeds will result in counties receiving less revenue in FY 2017 and each year thereafter of the following estimated amounts:
Estimated Increase/(Decrease) to County Revenues | |
Belknap | ($8,057) |
Carrol | ($8,277) |
Cheshire | ($6,520) |
Coos | ($8,277) |
Grafton | ($10,936) |
Hillsborough | ($36,227) |
Merrimack | ($14,272) |
Rockingham | ($34,336) |
Strafford | ($11,057) |
Sullivan | ($4,165) |
Total | ($142,124) |
The Office of Energy and Planning states this bill will have no fiscal impact on its operations.