HB 647-FN-LOCAL - AS INTRODUCED

2001 SESSION

01-0494

10/09

HOUSE BILL 647-FN-LOCAL

AN ACT relative to the power of governmental entities to appropriate public money.

SPONSORS: Rep. Souza, Hills 40; Rep. Albert, Straf 17; Rep. D. White, Hills 25; Sen. Boyce, Dist 4

COMMITTEE: Municipal and County Government

ANALYSIS

This bill provides that no town, city, school district, county or other governmental entity shall appropriate public money to a non-profit corporation or organization, or other private association for the purpose of promoting or funding a charitable purpose.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0494

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to the power of governmental entities to appropriate public money.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Department of Revenue Administration; Setting of Tax Rates; Deleting Illegal Appropriations. Amend RSA 21-J:35, III to read as follows:

III. If the commissioner finds that appropriations were made in a manner which is inconsistent with statute [he] or in violation of RSA 32:6-a, the commissioner shall delete the appropriation or that portion in question.

2 County Conventions; Powers; Appropriations. Amend RSA 24:13 by inserting after paragraph I the following new paragraph:

I-a. No county convention shall make any appropriation which is in violation of RSA 32:6-a.

3 New Section; Power to Appropriate Money. Amend RSA 32 by inserting after section 6 the following new section:

32:6-a Power to Appropriate Money. A citizen's duty to pay his or her share of the public expenses are necessarily limited by our constitution to legitimate purposes of government. Therefore, the power of a town, city, school district, cooperative school district, village district, or other municipal entity for the collecting and disbursing of public moneys shall disallow the recommendation, proposal, authorization, vote, or adoption of any appropriation of public money to any nonprofit corporation or organization, or other private association for the purpose of promoting or funding a charitable purpose. This section shall not prohibit the expenditure of funds pursuant to a valid contractual obligation for the provision of services to residents.

4 Effective Date. This act shall take effect 60 days after its passage.

LBAO

01-0494

2/8/01

HB 647-FN-LOCAL - FISCAL NOTE

AN ACT relative to the power of governmental entities to appropriate public money.

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.