SB 174-LOCAL - AS INTRODUCED
2017 SESSION
17-0960
06/04
SENATE BILL 174-LOCAL
AN ACT relative to municipal parking surcharges and parking maintenance and operations.
SPONSORS: Sen. Feltes, Dist 15; Sen. Gannon, Dist 23; Sen. Watters, Dist 4; Rep. Steven Smith, Sull. 11; Rep. Sykes, Graf. 13
COMMITTEE: Public and Municipal Affairs
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This bill expands the provisions pertaining to public parking facilities to include the repair of existing parking facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0960
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to municipal parking surcharges and parking maintenance and operations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Public Parking Facilities; Findings and Declarations of Necessity. Amend RSA 231:114 by inserting after paragraph III the following new paragraph:
IV. That sufficient public funding sources are available to support construction, repair, renovation, and operating expenses for public parking facilities.
2 Public Parking Facilities; Definitions; "Operating Expenses." Amend RSA 231:115, III to read as follows:
III. "Operating expenses'' shall mean and include any costs related to the maintenance, operation and repair of public parking facilities and shall include, without limiting the generality of the foregoing, ordinary and usual expenses of maintenance and repair, engineering expenses relating to operation, maintenance and repair, insurance premiums after completion of construction, administrative and legal expenses after such completion and the reasonable cost of policing public parking facilities. Operating costs shall also include, but not be limited to, expenses associated with labor, materials, supplies, and services provided by contractors and vendors, administration and management, overhead, moneys dedicated to capitalization of reserve accounts, as well as costs associated with enforcement of regulations for public parking facilities.
3 New Paragraph; Public Parking Facilities; Definitions; "Repair". Amend RSA 231:115 by inserting after paragraph VI the following new paragraph:
VII. "Repair" shall mean the reconstruction, renovation, replacement, or other improvements to an existing public parking facility.
4 Public Parking Facilities; Plan. Amend RSA 231:116, I and II to read as follows:
I. When the legislative body of any municipality finds that the public health, safety, morals and general welfare so requires, it may undertake to study the question of providing public parking facilities. For the purpose of such study said legislative body may appoint or authorize its governing board to appoint an investigative and planning board or may contract with private planners or developers which investigative and planning board or private party shall study the parking needs and conditions in said municipality and shall propose a plan for providing one or more public parking facilities; and said legislative body may appropriate such sums of money as are reasonably necessary therefor. In addition to developing a plan for the construction of public parking facilities, a municipality may also commission a plan for the repair of existing public parking facilities, as well as the operation and maintenance of such existing facilities.
II. The plan referred to in paragraph I of this section, in addition to providing a detailed proposal for the construction or repair of one or more public parking facilities shall show that there is a need for [public parking facilities] such undertakings, [that the facilities proposed therein are proposed with respect to that need,] and shall include an estimate of construction costs and operating expenses and the method of financing and paying the same. Any such plan [shall] may provide that construction costs or operating expenses [shall] be raised by assessments as provided in RSA 231:120 and under this option the plan shall so indicate and shall determine the boundaries of any prescribed area within which special benefit assessments shall be levied, which area may but need not be coterminous with the municipality. [No such plan shall be adopted unless it provides that at least 50 percent of the construction costs and operating expenses shall be raised by assessments upon the owners or lessees of leasehold interests whose lands receive special benefits therefrom and such plan shall also provide that no more than 25 percent of such construction costs and operating expenses shall be raised from general revenues and no more than 25 percent of such construction costs and operating expenses shall be raised from motor vehicle permit fees as provided in RSA 261:154.] Additionally, such plan may provide that the construction, repair, operating, or maintenance expenses be raised from motor vehicle registration permit fees as provided in RSA 261:154.
5 Public Parking Facilities; Construction and Operation. Amend RSA 231:117 to read as follows:
231:117 Construction, Maintenance, Repair, and Operation. Pursuant to a plan adopted under RSA 231:116 a municipality is empowered, subject to the fiscal and other pertinent requirements of law:
I. To construct, repair, and maintain public parking facilities, or contract for the construction of public parking facilities and shall have the right to acquire or agree to acquire when completed in the name and on behalf of the municipality, public parking facilities being constructed or to be constructed as part of a structure which when completed may include facilities to be used for other than municipal purposes and to participate or agree to participate in the construction of such public parking facilities and to make payments on account of such construction; provided, however, that no such acquisition or agreement to acquire or participation or agreement to participate in such construction shall be permitted except with respect to public parking facilities to be constructed on land or air rights owned by or under lease to the municipality for a period of not less than 40 years from the date on which such facilities are to be constructed or acquired. Subject as aforesaid, municipality is empowered to equip, maintain and operate such facilities;
II. To establish and collect reasonable off-street parking fees; to control, manage and operate such other facilities as are contained in any building or upon any property in or upon which public parking facilities are provided;
III. To adopt rules and regulations governing the operation of public parking facilities;
IV. To operate public parking facilities or lease the operation of public parking facilities to any individual, firm or corporation as the public interest may warrant.
6 Public Parking Facilities; Levying Assessments for Public Parking Facilities. Amend RSA 231:120, I to read as follows:
I. The assessors of any municipality which has constructed public parking facilities, where such construction, maintenance, or operating costs are financed by assessments upon owners of real property, upon direction from the legislative body and in accordance with the plan adopted, shall assess in the manner provided in paragraph II of this section upon the owners or lessees of leasehold interests, whose lands receive special benefits therefrom, their just share of the cost of construction of the same. All assessments thus made shall be valid and binding upon the owners or lessees of such land. The funds collected from assessments shall be used solely for the construction of public parking facilities or for the redemption of bonds or notes issued by the municipality to obtain funds for the construction of public parking facilities, including funds paid to a housing authority for the construction of public parking facilities.
7 Public Parking Facilities; Basis of Assessment. Amend RSA 231:121 to read as follows:
231:121 Basis of Assessment. To the extent that assessments are used to finance the construction, repair, or operation of public parking facilities, such assessments shall be levied according to a formula which shall be set forth in the plan and which shall be reasonable and proportional to the benefits conferred upon the land or leasehold interest upon which such assessment is laid. Such formula may, but need not necessarily, be based on the number of off-street parking spaces required to be furnished by owners of land under any lawful zoning ordinances or bylaw in effect or which may be adopted by the municipality. If the formula based on a zoning ordinance requirement of off-street parking is used, the plan may provide for credit to those owners or lessees who have erected or constructed private parking structures, but need not provide credit for private parking lots.
8 New Section; Public Parking Facilities; Alternate Revenues to Support Installation, Operation, Maintenance, and Enforcement of Parking Meters. Amend RSA 231 by inserting after section 132-a the following new section:
231:132-b Alternate Revenues to Support Installation, Operation, Maintenance, and Enforcement of Parking Meters. A municipality which installs parking meters pursuant to RSA 231:130, or which establishes other parking restrictions pursuant to RSA 41:11 or 47:17, or which seeks to enforce the stopping, standing, and parking restrictions set forth in RSA 265:68 through RSA 265:74, may use revenues raised from motor vehicle permit fees as provided in RSA 261:154 to supplement the cost of installation, replacement, repair, maintenance, administration, and operation of parking meters or other parking control devices and equipment, including the cost of enforcement for such meters or other parking control devices or equipment. It is within the economic development interests of the state to allow municipalities to employ alternate sources of revenue to support the cost of installation, replacement, repair, administration, enforcement, operation, and maintenance of parking meters or other parking control devices and equipment so that municipalities may establish reasonable charges for parking that will not unduly discourage commerce and activity within downtown and commercial centers.
9 Municipal Permits for Registration; Additional Fees for Registration Permits. Amend RSA 261:154 to read as follows:
261:154 Additional Fees for Registration Permits. The governing bodies of towns and cities [of a population greater than 50,000 as determined by the last federal census] may, subject to the provisions of RSA 261:155, direct the city treasurer or the town clerk to collect in addition to the fees imposed in RSA 261:153, fees for such permits as follows: a sum not to exceed 5 mills on each dollar of the maker's list price for a current model year vehicle, a sum not to exceed 4 mills on each dollar of the maker's list price for the first preceding model year vehicle, a sum not to exceed 3 mills on each dollar of the maker's list price for the second preceding model year vehicle, a sum not to exceed 2 mills on each dollar of the maker's list price for the third preceding model year vehicle, and a sum not to exceed one mill on each dollar of the maker's list price for the fourth preceding model year vehicle and any model year prior thereto. In no event, however, shall the fee for any model year vehicle be less than one dollar. The director shall make the final determination of any vehicle model year in any case in which a dispute arises. Alternatively, in lieu of the millage rates set forth herein, municipalities may assess a flat fee in an amount not greater than $15 per motor vehicle registration. All fees collected under this section shall be used for the construction, repair, replacement, maintenance, operation, and administration [maintenance] of new or existing public parking facilities as provided in RSA 231:114-129, or to install, repair, replace, maintain, operate, or administer parking meters or similar devices as provided for within RSA 231:130 through RSA 231:132-b.
10 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2017 | Senate | Hearing |
| Feb. 23, 2017 | Senate | Floor Vote |
| Feb. 23, 2017 | Senate | Floor Vote |
| March 9, 2017 | Senate | Floor Vote |
: Inexpedient to Legislate, Adjournment, Senate Rule 3-23; SJ 1
June 22, 2017: Inexpedient to Legislate, Senate Rule 3-23, Adjournment 06/22/2017; SJ 1
March 30, 2017: Sen. Bradley Moved to Remove From Table, RC 9Y-13N, MF; 03/30/2017; SJ 12
March 9, 2017: No Pending Motion; 03/09/2017 SJ 8
March 9, 2017: Sen. Bradley Moved Laid on Table, MA, VV; 03/09/2017; SJ 8
March 9, 2017: Ought to Pass with Amendment 2017-0646s, RC 11Y-13N, MF; 03/09/2017; SJ 8
March 9, 2017: Sen. Feltes Floor Amendment # 2017-0646s, DIV 12Y-9N, AA; 03/09/2017; SJ 8
March 9, 2017: Committee Report: Ought to Pass, 03/09/2017; SC 12
Feb. 23, 2017: Special Order SB 174 to the next session, Without Objection, MA; 02/23/2017; SJ 7
Feb. 23, 2017: Committee Report: Ought to Pass, 02/23/2017; SC 11
Feb. 1, 2017: Hearing: 02/01/2017, Room 102, LOB, 10:15 am; SC 8
Jan. 19, 2017: Introduced 01/19/2017 and Referred to Public and Municipal Affairs; SJ 5