New Hampshire Revised Statutes 31:95-b – Appropriation for Funds Made Available During Year
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I. Notwithstanding any other provision of law, any town or village district at an annual meeting may adopt an article authorizing, indefinitely until specific rescission of such authority, the board of selectmen or board of commissioners to apply for, accept and expend, without further action by the town or village district meeting, unanticipated money from the state, federal or other governmental unit or a private source which becomes available during the fiscal year. The following shall apply:
(a) Such warrant article to be voted on shall read: “Shall the town (or village district) accept the provisions of N.H. Rev. Stat. § 31:95-b providing that any town (or village district) at an annual meeting may adopt an article authorizing indefinitely, until specific rescission of such authority, the selectmen (or commissioners) to apply for, accept and expend, without further action by the town (or village district) meeting, unanticipated money from a state, federal, or other governmental unit or a private source which becomes available during the fiscal year?”
(b) If a majority of voters voting on the question vote in the affirmative, the proposed warrant article shall be in effect in accordance with the terms of the article until such time as the town or village district meeting votes to rescind its vote.
II. Such money shall be used only for legal purposes for which a town or village district may appropriate money.
III. (a) For unanticipated moneys in the amount of $10,000 or more, the selectmen or board of commissioners shall hold a prior public hearing on the action to be taken. Notice of the time, place, and subject of such hearing shall be published in a newspaper of general circulation in the relevant municipality at least 7 days before the hearing is held.
(b) The board of selectmen may establish the amount of unanticipated funds required for notice under this subparagraph, provided such amount is less than $10,000. For unanticipated moneys in an amount less than such amount, the board of selectmen shall post notice of the funds in the agenda and shall include notice in the minutes of the board of selectmen meeting in which such moneys are discussed. The acceptance of unanticipated moneys under this subparagraph shall be made in public session of any regular board of selectmen meeting.
IV. Action to be taken under this section shall:
(a) Not require the expenditure of other town or village district funds except those funds lawfully appropriated for the same purpose; and
(b) Be exempt from all provisions of N.H. Rev. Stat. Chapter 32 relative to limitation and expenditure of town or village district moneys.
(a) Such warrant article to be voted on shall read: “Shall the town (or village district) accept the provisions of N.H. Rev. Stat. § 31:95-b providing that any town (or village district) at an annual meeting may adopt an article authorizing indefinitely, until specific rescission of such authority, the selectmen (or commissioners) to apply for, accept and expend, without further action by the town (or village district) meeting, unanticipated money from a state, federal, or other governmental unit or a private source which becomes available during the fiscal year?”
Terms Used In New Hampshire Revised Statutes 31:95-b
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) If a majority of voters voting on the question vote in the affirmative, the proposed warrant article shall be in effect in accordance with the terms of the article until such time as the town or village district meeting votes to rescind its vote.
II. Such money shall be used only for legal purposes for which a town or village district may appropriate money.
III. (a) For unanticipated moneys in the amount of $10,000 or more, the selectmen or board of commissioners shall hold a prior public hearing on the action to be taken. Notice of the time, place, and subject of such hearing shall be published in a newspaper of general circulation in the relevant municipality at least 7 days before the hearing is held.
(b) The board of selectmen may establish the amount of unanticipated funds required for notice under this subparagraph, provided such amount is less than $10,000. For unanticipated moneys in an amount less than such amount, the board of selectmen shall post notice of the funds in the agenda and shall include notice in the minutes of the board of selectmen meeting in which such moneys are discussed. The acceptance of unanticipated moneys under this subparagraph shall be made in public session of any regular board of selectmen meeting.
IV. Action to be taken under this section shall:
(a) Not require the expenditure of other town or village district funds except those funds lawfully appropriated for the same purpose; and
(b) Be exempt from all provisions of N.H. Rev. Stat. Chapter 32 relative to limitation and expenditure of town or village district moneys.