New Hampshire Revised Statutes 202-A:4-c – Trustees’ Authority to Accept and Expend Gifts
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I. Notwithstanding any other provision of law to the contrary, any town at an annual meeting may adopt an article authorizing indefinitely until specific rescission of such authority, the public library trustees to apply for, accept and expend, without further action by the town 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 accept the provisions of N.H. Rev. Stat. § 202-A:4-c providing that any town at an annual meeting may adopt an article authorizing indefinitely, until specific rescission of such authority, the public library trustees to apply for, accept and expend, without further action by the town 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 meeting votes to rescind its vote.
II. Such money shall be used only for legal purposes for which a town may appropriate money.
III. (a) For unanticipated moneys in the amount of $5,000 or more, the public library trustees 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 public library trustees may establish the amount of unanticipated funds required for notice under this subparagraph, provided such amount is less than $5,000. For unanticipated moneys in an amount less than $5,000, the public library trustees shall post notice of the moneys in the agenda, if any, and shall include notice in the minutes of the public library trustees meeting in which such moneys are discussed. The acceptance of unanticipated moneys under this subparagraph shall be made in public session of any regular public library trustees meeting.
IV. Action to be taken under this section shall:
(a) Not require the expenditure of other town funds except those funds lawfully appropriated for the same purpose; and
(b) Be exempt from all provisions of RSA 32, relative to limitations and expenditures of town moneys.
(a) Such warrant article to be voted on shall read: “Shall the town accept the provisions of N.H. Rev. Stat. § 202-A:4-c providing that any town at an annual meeting may adopt an article authorizing indefinitely, until specific rescission of such authority, the public library trustees to apply for, accept and expend, without further action by the town 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 202-A:4-c
- 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
- Library trustees: shall mean the governing board of a public library. See New Hampshire Revised Statutes 202-A:2
- Public library: shall mean every library which receives regular financial support, at least annually, from public or private sources and which provides regular and currently useful library service to the public without charge. See New Hampshire Revised Statutes 202-A:2
- 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 meeting votes to rescind its vote.
II. Such money shall be used only for legal purposes for which a town may appropriate money.
III. (a) For unanticipated moneys in the amount of $5,000 or more, the public library trustees 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 public library trustees may establish the amount of unanticipated funds required for notice under this subparagraph, provided such amount is less than $5,000. For unanticipated moneys in an amount less than $5,000, the public library trustees shall post notice of the moneys in the agenda, if any, and shall include notice in the minutes of the public library trustees meeting in which such moneys are discussed. The acceptance of unanticipated moneys under this subparagraph shall be made in public session of any regular public library trustees meeting.
IV. Action to be taken under this section shall:
(a) Not require the expenditure of other town funds except those funds lawfully appropriated for the same purpose; and
(b) Be exempt from all provisions of RSA 32, relative to limitations and expenditures of town moneys.