Legislative Update

The following is legislation from the 2014 session that was approved and will affect Town and Library Trustees:

On May 27, 2014 HB-297 was approved. This amendment updates four important aspects of the law:

  1. RSA 31:34 – Allows municipalities to keep certain trust records in electronic format as long as they are available for inspection by all persons in their town.
  2. RSA 35:11 – Changes the date from the last day of the month to the 15th, by which capital reserve monies must be transferred from the town funds to the capital reserve fund(s). It states that “the order must be drawn, and the sum transferred on or before December 15th following the vote, or in the case of an optional fiscal year, after July 1, but no later than June 15, of the fiscal year that the sum was appropriated.”
  3. RSA 34:16 – Allows municipalities to pay for investment services from capital reserve funds if approved at town meeting. Previously, these fees were required to be budgeted and paid for directly from the town.
  4. RSA 202-A:23 – Allows library trustees to govern investments through application of prudent investor rule. This bill went into effect on July 26, 2014. On May 27, 2014, SB 219 was approved with an amendment which adds a new section to RSA 289. This allows the legislative body at any annual or special meeting to vote to determine whether funds received from sale of cemetery lots shall be deposited to the general fund of the town as a sale of town property or deposited with the trustees of trust fund for the maintenance of cemeteries under RSA 31-19:a. This act took effect on May 27, 2014.

On May 27, 2014 SB 216 was approved with an amendment which amends RSA 31:22, relating to the appointment of alternate trustees. This amendment allows the board to recommend to the appointing authority the names of no more than two people to serve as alternate members of the board. The alternate members would be appointed to one-year terms. This bill went into effect July 26, 2014.
The following is legislation from the 2014 session that was NOT approved so will not affect Town and Library Trustees at this time:

On April 24, 2014, the Senate determined that House Bill 1156-FN was inexpedient to legislate. This bill would have made certain changes in the right-to-know law, including the following:

  1. RSA 91-A:2, I(a) and (b) – Would have required a public posting of circumstances which are not considered meetings under RSA 91-A.
  2. RSA 91-A:2 – Will also require that meeting notices and agendas be posted at least 72 hours (excluding Sundays and legal holidays) before such meetings. This requirement remains at 24 hours.
  3. RSA 91-A:3 – Would have required that minutes of nonpublic sessions, including names of members, persons appearing before the public bodies, a brief description of the subject matter discussed, and final decisions be kept as permanent records. In addition it would have required the public body to annually review all minutes previously sealed and either release the minutes to the public or state the reason for continuing to seal the minutes.
  4. Would have changed from discretionary to mandatory that the court invalidate any action of a public body which may be in violation of RSA 91-A.
By | 2014-10-09T13:24:43+00:00 October 9th, 2014|Categories: UI Journal|0 Comments

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