hb 1364

CHAPTER 254

HB 1364-FN - FINAL VERSION

AN ACT requiring an accounting of dedicated funds in the budgetary process.

SPONSORS: Rep. Almy, Graf 14; Rep. J. Gilbert, Rock 25

This bill requires that all dedicated funds be specifically excluded from the general fund in RSA 6:12, I. Each dedicated fund shall submit a biennial budget report to the appropriate legislative policy committee in the house of representatives.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT requiring an accounting of dedicated funds in the budgetary process.

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

254:1 State Treasurer and State Accounts; Application of Receipts; Alcohol and Drug Abuse Prevention Account Added. Amend RSA 6:12, I(u)(3) to read as follows:

(3) The department of health and human services office of alcohol and drug abuse prevention account.

254:2 New Subparagraphs; State Treasurer and State Accounts; Application of Receipts; Dedicated Funds Added. Amend RSA 6:12, I by inserting after subparagraph (iiii) the following new subparagraphs:

(jjjj) Moneys deposited in the land conservation investment program trust fund under RSA 162-C:10.

(pppp) Moneys deposited in the judicial branch salary adjustment fund under RSA 491-A:2.

(rrrr) Moneys deposited in the supreme court publications and materials revolving fund under RSA 490:18-a.

(ssss) Moneys deposited in the New Hampshire national guard recruitment and retention scholarship fund under RSA 110-B:60.

(tttt) Moneys deposited in the Pease Development Authority Airport Fund under RSA 12-G:36.

(wwww) Moneys deposited in the state and municipal employee personnel education and training fund under RSA 21-I:42, XVII.

(xxxx) Moneys deposited in the surplus distribution section administrative assessments fund under RSA 21-I:11, VIII(b).

(yyyy) Moneys deposited in the eastern states exposition building fund under RSA 425:18.

(aaaaa) Moneys deposited in the special account for agriculture development rights under RSA 432:30, I.

(ccccc) Moneys deposited in the insurance administration fund under RSA 400-A:39.

(eeeee) Moneys deposited in the unemployment compensation and employment service administration fund under RSA 282-A:138.

(fffff) Moneys deposited in the unemployment compensation fund under RSA 282-A:103.

(ggggg) Moneys deposited in the automated information system account under RSA 201-A:19, II.

(hhhhh) Moneys deposited in the damaged and lost book account under RSA 201-A:19, I.

(jjjjj) Moneys deposited in the Cannon Mountain capital improvement fund under RSA 12-A:29-c.

(kkkkk) Moneys deposited in the Hampton Beach parking meter fund under RSA 216:3, II.

(lllll) Moneys deposited in the international trade promotion fund under RSA 12-A:31.

(mmmmm) Moneys deposited in the mining and reclamation fund under RSA 12-E:8, III.

(ooooo) Moneys deposited in the New Hampshire economic development fund under RSA 12-A:2-e.

(qqqqq) Moneys deposited in the travel and tourism revolving fund under RSA 12-A:15-a.

(rrrrr) Moneys deposited in the abandoned property revolving fund under RSA 471-A:20, established in 1965, 214:9 and repealed in 1986, 204:2.

(uuuuu) Moneys deposited in the New Hampshire excellence in higher education endowment trust fund under RSA 6:38.

(vvvvv) Moneys deposited in the trust fund for the New Hampshire land and community heritage investment trust program under RSA 227-M:7.

(wwwww) Moneys deposited in the nuclear decommissioning financing committee account under RSA 162-F:18.

(xxxxx) Moneys deposited in the nuclear decommissioning financing fund under RSA 162-F:19.

(yyyyy) Moneys deposited in the revenue stabilization reserve account under RSA 9:13-e, II.

(aaaaaa) Moneys deposited in the resident personal funds fund under RSA 621:30, II.

(cccccc) Moneys deposited in the certificate program fund under RSA 332-E:4, III.

(dddddd) Moneys deposited in the environmental services education and training assistance fund under RSA 21-O:1-a.

(eeeeee) Moneys deposited in the lab equipment and replacement fund under RSA 131:3-a.

(ffffff) Moneys deposited in the lake restoration and preservation fund under RSA 487:25.

(gggggg) Moneys deposited in the oil discharge and disposal cleanup fund under RSA 146-D:3.

(hhhhhh) Moneys deposited in the oil pollution control fund under RSA 146-A:11-a.

(iiiiii) Moneys deposited in the pollution prevention revolving fund under RSA 21-O:22.

(jjjjjj) Moneys deposited in the water pollution control and drinking water revolving loan fund under RSA 486:14.

(llllll) Moneys deposited in the water pollution control facilities' replacement fund under RSA 485-A:51.

(mmmmmm) Moneys deposited in the long-term care assistance fund under RSA 167:94.

(oooooo) Moneys deposited in the university system of New Hampshire fund under RSA 187-A:7.

(pppppp) Moneys deposited in the department of education printed materials revolving fund under RSA 186:13, XII.

(qqqqqq) Moneys deposited in the sign language interpreter's certification revolving fund under RSA 200-C:20-a.

(ssssss) Moneys deposited in the special teacher competence fund under RSA 186:7-a.

(tttttt) Moneys deposited in the postsecondary education scholarship loan fund under RSA 188-D:18.

(uuuuuu) Moneys deposited in the New Hampshire technical institute student activity center fund under 1995, 52:1.

(vvvvvv) Moneys deposited in the consumer credit administration license fund under RSA 399-A:13.

(wwwwww) Moneys deposited in the New Hampshire emergency response and recovery fund under RSA 107-C:15.

(xxxxxx) Moneys deposited in the asbestos management and control funds maintained by the department of environmental services and the department of health and human services under RSA 141-E:12.

(yyyyyy) Moneys deposited in the catastrophic illness program fund under RSA 137-G:4.

(aaaaaaa) Moneys deposited in the 7-day multiple DWI offender intervention detention center program account under RSA 172-B:2-c.

(bbbbbbb) Moneys deposited in the aeronautics maintenance and operations fund under RSA 422:6.

(ccccccc) Moneys deposited in the class III railroad and cog railroad capital rail line rehabilitation and equipment revolving loan fund under RSA 228:66-a.

(ddddddd) Moneys deposited in the rural airport capital revolving loan fund under RSA 423:11.

(fffffff) Moneys deposited in the department of safety inventory fund under RSA 228:25.

(ggggggg) Moneys deposited in the Cheshire bridge toll account under 1988, 251:4-a, as inserted by 1991, 318:5 and amended by 2000, 69:2.

(iiiiiii) Moneys deposited in the highway and bridge betterment account under RSA 235:23-a.

(jjjjjjj) Moneys deposited in the Maine-New Hampshire Interstate Bridge Authority trust fund under RSA 234:52.

(lllllll) Moneys deposited in the turnpike system revenue and reserve accounts under the November 9, 1987 bond resolution.

(nnnnnnn) Moneys deposited in the fish and game search and rescue fund under RSA 206:42.

(qqqqqqq) Moneys deposited in the prepaid fish and game license fund under RSA 214:9-c, IV.

(rrrrrrr) Moneys deposited in the publications, specialty items and fund raising revolving fund under RSA 206:22-a.

(sssssss) Moneys deposited in the waterfowl conservation account under RSA 214:1-d, II.

(ttttttt) Moneys deposited in the member annuity savings fund and the state annuity accumulation fund under RSA 100-A:16.

(uuuuuuu) Funds received pursuant to RSA 6:12-c, which shall be maintained under the terms of the referenced trust or agency fund.

(vvvvvvv) Funds received pursuant to RSA 6:12-d, which shall be maintained under the terms of the referenced custodial or escrow account.

(wwwwwww) Moneys deposited in the municipal and regional training fund under RSA 4-C:9-a, II.

(xxxxxxx) Moneys deposited in the criminal records check account under RSA 106-B:7, II.

(zzzzzzz) Moneys deposited in the Christa McAuliffe planetarium fund under RSA 12-L:10.

(aaaaaaaa) Moneys deposited in the brownfields cleanup revolving loan fund under RSA 147-F:20.

(bbbbbbbb) Moneys deposited in the dependent children support enforcement administrative expense account under RSA 161-C:25.

(cccccccc) Moneys deposited in the alcoholism and alcohol abuse account under RSA 172-B:2-a.

(dddddddd) Moneys deposited in the nursing leveraged scholarship loan fund under RSA 188-D:18-e, V.

(ffffffff) Moneys deposited in the school building authority account under RSA 195-C:1.

(gggggggg) Moneys deposited in the state library donations and gifts fund under RSA 201-A:10, I.

(iiiiiiii) Moneys deposited in the wild turkey license or permit account under RSA 206:35-b.

(jjjjjjjj) Moneys deposited in the fish food sales revenue account under RSA 206:35-c.

(kkkkkkkk) Moneys deposited in the wildlife protection account under RSA 206:41.

(llllllll) Moneys deposited in the operation game thief account under RSA 207:62.

(mmmmmmmm) Moneys deposited in the raptor conservation account under RSA 209-A:3.

(nnnnnnnn) Moneys deposited in the wildlife habitat account under RSA 214:1-f, V.

(oooooooo) Moneys deposited in the fisheries habitat account under RSA 214:1-g, II.

(pppppppp) Moneys deposited in the super sporting license account for wildlife under RSA 214:7-c, IV(a).

(qqqqqqqq) Moneys deposited in the super sporting license account for fisheries under RSA 214:7-c, IV(b).

(rrrrrrrr) Moneys deposited in the supply depot inventory account under RSA 219:21.

(ssssssss) Moneys deposited in the disabled person's employment fund under RSA 21-I:44-f.

(tttttttt) Moneys deposited in the land and community heritage investment program administrative fund under RSA 227-M:7-a.

(vvvvvvvv) Moneys deposited in the public works and highway inventory fund under RSA 228:24.

(wwwwwwww) Moneys deposited in the municipal maintenance and repair special account under RSA 228:49, II.

(xxxxxxxx) Moneys deposited in the eastern New Hampshire turnpike toll account under RSA 237:24.

(yyyyyyyy) Moneys deposited in the central New Hampshire turnpike toll account under RSA 237:40.

(zzzzzzzz) Moneys deposited in the turnpike renewal and replacement account under RSA 237:49-a.

(aaaaaaaaa) Moneys deposited in the turnpike system toll account under RSA 237:9.

(bbbbbbbbb) Moneys deposited in the tri-state lotto prize account under RSA 287-F:9.

(ccccccccc) Moneys deposited in the electricians' board account under RSA 319-C:11.

(hhhhhhhhh) Moneys deposited in the industries inventory account under RSA 622:28-a.

(iiiiiiiii) Moneys deposited in the employee benefit adjustment account under RSA 9:17-c.

(jjjjjjjjj) Moneys deposited in the substance abuse treatment fund under RSA 172:14.

254:3 New Sections; State Treasurer and State Accounts; Trust and Agency Funds; Custodial and Escrow Accounts; Reporting Requirements for Dedicated Funds. Amend RSA 6 by inserting after section 12-b the following new sections:

6:12-c Trust and Agency Funds. All funds received or held by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with RSA 4:8 and the terms and conditions of the referenced trust or account:

I. The Caroline A. Fox fund of the department of resources and economic development.

IV. The Matthew Elliot memorial trust fund of the division of juvenile justice services, department of health and human services.

V. The New Hampshire veteran's home benefit fund of the New Hampshire veterans' home.

6:12-d Custodial and Escrow Accounts. All funds received or held by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with the terms and conditions of the referenced account:

V. The deferred compensation contributions escrow account of the state treasurer.

XII. The water resources council accounts of the department of environmental services.

XIII. The Deloitte and Touche escrow account of the commissioner of the department of health and human services.

I. The administrator of each fund, account, or trust listed in RSA 6:12, RSA 6:12-b, RSA 6:12-c, and RSA 6:12-d shall complete and file a biennial report with the state treasurer on or before January 15, 2004, and every other year thereafter. The treasurer shall forward the reports to the relevant legislative policy committees of the house and senate as indicated on said reports by the administrator of each fund, account, or trust. Each biennial report shall include, but not be limited to:

(a) Activities the fund, account, or trust is required or intended to carry out, and an identification of all revenues available to said fund, account, or trust.

(b) The amount of revenue deposited into the fund, account, or trust, and the amount expended from said fund, account, or trust during the prior 2 fiscal years.

II. The administrator of each fund, account, or trust may file, in lieu of the biennial report, a current report that was prepared by the administrator for other purposes provided that the report contains the information required in paragraph I.

III. The state treasurer shall provide written notice of the reporting requirements in paragraphs I and II of this section to any fund administrator who fails to file a report within 30 days of the report's due date. The treasurer may grant, pursuant to the notice, up to a 5-month grace period for the fund administrator to comply with the provisions of paragraphs I and II of this section, after which time, if the report has not been filed, any moneys in the dedicated fund, account, or trust shall lapse to the general fund, unless the funds are otherwise ineligible for deposit in the general fund. For purposes of this section, ineligible funds include, but are not limited to, all federal funds and money held by the state on behalf of another person or entity.

I. Any dedicated fund, account, or trust that is to be maintained separately from the general fund shall be included in RSA 6:12, RSA 6:12-b, RSA 6:12-c, or RSA 6:12-d.

II. Beginning on February 15, 2003, and every other year thereafter, it shall be the responsibility of the state treasurer, in consultation with the commissioner of administrative services and any other relevant department to submit a report of funds, accounts, or trusts not included in RSA 6:12, RSA 6:12-b, RSA 6;12-c, or RSA 6:12-d to the speaker of the house for introduction in the next legislative session in order to include said funds, accounts, or trusts in RSA 6:12, RSA 6:12-b, RSA 6:12-c, or RSA 6:12-d.

III. Notwithstanding any other provision of law to the contrary, any fund, account, or trust contained in the report by the treasurer pursuant to paragraph II of this section that is not included in RSA 6:12, RSA 6:12-b, RSA 6:12-c, or RSA 6:12-d within one year from the date of said report shall lapse to the general fund unless the funds are otherwise ineligible for deposit in the general fund. For purposes of this section, ineligible funds include, but are not limited to, all federal funds and money held by the state on behalf of another person or entity.

254:4 Boating and Water Safety on New Hampshire Public Waters; Boaters Guide. Amend RSA 270-D:2-a to read as follows:

270-D:2-a Boaters Guide. The department of safety, division of safety services, shall publish the New Hampshire Boaters guide[~~, and the director may charge a fee to recover the cost of publication~~].

II. RSA 270-D:2-b and RSA 6:12, I (nnn), relative to New Hampshire boaters guide revolving fund.

V. RSA 19-D:4 and RSA 19-D:6, relative to the New Hampshire industrial heritage park fund.

X. RSA 6:12, I(q), relative to the boiler and elevator inspection fund.

254:6 Authorization for Contingent Renumbering. If any other act of the 2002 regular session of the general court which contains an amendment to RSA 6:12, I which inserts any new subparagraph into paragraph I of such section becomes law, the director of legislative services is authorized to make any technical changes to the numbering in any RSA sections inserted by this or any other act as necessary to conform said sections to proper RSA format. The authority granted under this section shall not include the power to make any substantive changes and shall expire upon printing of the 2002 session laws.

254:7 State Treasurer and State Accounts; Guardian Ad Litem Fund. RSA 6:12, I (mmmm) is repealed and reenacted to read as follows:

(mmmm) Moneys deposited in the mediator and guardian ad litem fund under RSA 458:17-b.

254:8 Contingency. If HB 706 of the 2002 legislative session becomes law, section 7 of this act shall take effect July 1, 2003. If HB 706 of the 2002 legislative session does not become law, section 7 of this act shall not take effect.

I. Section 7 of this act shall take effect as provided in section 8 of this act.

(Effective Date: I. Section 7 of this act shall take effect as provided in section 8.

II. The remainder of this act shall take effect July 1, 2002)