SB 11 - FN - AS AMENDED BY THE HOUSE
22june99.....1506h
1999 SESSION
SENATE BILL 11-FN
AN ACT relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.
SPONSORS: Sen. Fraser, Dist 4; Rep. Francoeur, Rock 22
This bill requires that mutual funds pay filing fees to the secretary of state only on each portfolio and each class of securities in a combined prospectus that is being offered for sale in New Hampshire. The bill requires the secretary of state to prepare a report on the fiscal impact of this change in filing fee requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22june99.....1506h
99-0181
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Securities Filing Fee. Amend the unnumbered paragraph following RSA 421-B:11, I-a (a)(3) to read as follows:
All mutual funds [doing business in this state] offering multiple classes of shares in this state shall submit a notice filing for each class individually, and pay the fee set forth in RSA 421-B:31. All mutual funds [doing business in this state] offering securities through a combined prospectus shall submit a notice filing for each portfolio and each class thereof [contained in] that is being offered for sale in this state through the combined prospectus and pay fees set forth in RSA 421-B:31. Annual renewals of notice filings shall be made for each class of mutual fund shares not later than May 1 of each year and shall include (i) the fee set forth in RSA 421-B:31 and (ii) a current prospectus.
2 Report. The secretary of state shall issue a report to the governor, the senate president, the speaker of the house, the senate clerk, the house clerk and the state library containing findings and recommendations regarding the fiscal impact, if any, of requiring that issuers pay a filing fee for only those securities in a combined prospectus that are being offered for sale in this state. The report shall cover the period from May 1, 1999 to May 1, 2001; shall provide objective and credible evidence demonstrating that any negative fiscal impact is a direct result of a decrease in the amount of revenue received in connection with the use of combined prospectuses in the state; and shall be due on or before October 1, 2001, to permit legislative action, if any is needed to address such fiscal impact, during the 2002 session of the general court.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
99-0181
12/21/98
SB 11 - FN - FISCAL NOTE
AN ACT relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.
FISCAL IMPACT:
The Secretary of State is unable to determine the fiscal impact on state general fund revenue in FY 1999 and each year thereafter. There is no fiscal impact on county and local revenue or state, county and local expenditures.
METHODOLOGY:
The Secretary states that filing fee receipts deposited to the general fund for FY 1997 amounted to $10,289,000. This bill proposed to change the way the fee is assessed by no longer requiring a filing fee for those funds on a combined prospectus and also having no intent of sales for these funds within the state filed.
A review of filings of two other states with a similar fee structure as proposed in this bill, indicates that calculated revenue for New Hampshire will be in the range of $9,600,000 to $10,600,000. In comparison to reported FY 1997 revenue, the annual impact to the general fund could range from ($690,000) to $310,000. Actual results will depend on such factors as the response of companies currently not filing in the state but now may decide to do so, and the economy and its impact on the sale of financial instruments in general.