Law

RSA 31 Powers and Duties of Towns

New Hampshire · 31 · statute

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Contents: 172 provisions
  1. 31:1 Public Corporations.
  2. 31:2 Parishes.
  3. 31:3 In General.
  4. 31:3-a Suits Involving State-Mandated Programs.
  5. 31:4 Appropriations.
  6. 31:4-a Deficit Reduction.
  7. 31:5 At Special Meetings.
  8. 31:5-a Appropriations of Disaster Funds.
  9. 31:5-b Legalization of Meetings.
  10. 31:6 For Holidays.
  11. 31:6-a Holiday Designations.
  12. 31:7 Contract with Hospital.
  13. 31:8 Town Officers' Associations.
  14. 31:8-a Authorization to Pay Dues.
  15. 31:9 Legislative Counsel.
  16. 31:9-a Sponsoring Certain Benefits.
  17. 31:9-b Time for Payment.
  18. 31:9-c Lockups.
  19. 31:9-d Climate Emergency Municipality Unification.
  20. 31:10 When Allowed.
  21. 31:11 Method.
  22. 31:12 Amount; Debt Limit.
  23. 31:13 Due Date; Refunding.
  24. 31:14 Recovered Funds.
  25. 31:15 to 31:17 Repealed by 1975, 254:2, eff. Aug. 5, 1975.
  26. 31:17-a Referendum.
  27. 31:18 Isolated Dwellings; Abandoned or Wasting Real Estate.
  28. 31:19 In General.
  29. 31:19-a Trust Funds Created by Towns.
  30. 31:19-b Deferred Compensation Plan Trusts.
  31. 31:19-c Authorization for Municipalities to Establish OPEB Trusts.
  32. 31:20 For Cemeteries.
  33. 31:21 Funds of Cemetery Associations, Etc.
  34. 31:22 Trustees.
  35. 31:22-a Cy Pres, Cemetery Trust Funds.
  36. 31:23 Single Trustee.
  37. 31:24 Trustees; Expenses.
  38. 31:25 Custody; Investment.
  39. 31:25-a Retention of Nonlegal Securities.
  40. 31:25-b Prudent Investment Defined.
  41. 31:25-c Report to the Attorney General.
  42. 31:25-d Application of Prudent Investor Rule.
  43. 31:26 Investments by Single Trustee.
  44. 31:27 Collective Investments.
  45. 31:28 Exception.
  46. 31:29 Contributions and Withdrawals.
  47. 31:30 Liberal Construction of Provisions.
  48. 31:31 Trust Funds for Districts.
  49. 31:32 Expenditures.
  50. 31:33 Audit and Publication of Reports of Trustees.
  51. 31:34 Records.
  52. 31:35 Compensation of Bookkeeper.
  53. 31:36 Deposits.
  54. 31:37 Payment by Towns.
  55. 31:38 Reports.
  56. 31:38-a Professional Banking and Brokerage Assistance.
  57. 31:39 Purpose and Penalties.
  58. 31:39-a Conflict of Interest Ordinances.
  59. 31:39-c Administrative Enforcement of Ordinances.
  60. 31:39-d Local Ordinance Citations; Pleas by Mail.
  61. 31:39-e Bylaws Affecting Forestry Activities.
  62. 31:40 Taxicabs.
  63. 31:41 Open-Air Motion Picture Theatres.
  64. 31:41-a Motor Vehicle Race Tracks.
  65. 31:41-b Hazardous Embankments.
  66. 31:41-c Electioneering.
  67. 31:41-d Pinball Machines and Coin Operated Amusements.
  68. 31:41-e Drug-Free Zones; Public Housing Authorities.
  69. 31:42 Regulation by Selectmen.
  70. 31:43 When in Force.
  71. 31:43-a Adoption of Curfew Law.
  72. 31:43-b City of Rochester.
  73. 31:43-c Minors under 16.
  74. 31:43-d Curfew Signal.
  75. 31:43-e Penalty, Custodian.
  76. 31:43-f Penalty, Minors.
  77. 31:43-g Second Offense.
  78. 31:44 to 31:50-a Repealed by 1979, 185:2, eff. Aug. 5, 1979.
  79. 31:51 Regulations.
  80. 31:52 Rights of Owners.
  81. 31:53 Repealed by 1994, 25:1, I, eff. June 21, 1994.
  82. 31:54 Repealed by 1994, 25:1, II, eff. June 21, 1994.
  83. 31:55 Repealed by 1994, 25:1, III, eff. June 21, 1994.
  84. 31:56 Use of Militia.
  85. 31:57 To Whom Payable; Maximum.
  86. 31:58 Adoption of Provisions.
  87. 31:59 Administration.
  88. 31:59-a Authority Granted.
  89. 31:59-b Purchasing Agent.
  90. 31:59-c Definitions.
  91. 31:59-d Application of Subdivision.
  92. 31:60 to 31:89 Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.
  93. 31:89-a to 31:89-l Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.
  94. 31:90 Stock Voting.
  95. 31:91 Soliciting Funds.
  96. 31:92 Taking of Land.
  97. 31:92-a Water Pollution.
  98. 31:93 Town Seal.
  99. 31:94 Fiscal Year.
  100. 31:94-a Optional Fiscal Year.
  101. 31:94-b Adoption.
  102. 31:94-c Authorization to Use Accounting Period.
  103. 31:94-cc Proration of Property Tax Exemptions During Transition Period.
  104. 31:94-d Debt During Transition Period.
  105. 31:94-e Transition Period.
  106. 31:95 Budget.
  107. 31:95-a Tax Maps.
  108. 31:95-b Appropriation for Funds Made Available During Year.
  109. 31:95-c Special Revenue Funds.
  110. 31:95-d Procedure for Adoption; Rescission or Change of Purpose.
  111. 31:95-e Acceptance of Personal Property Donated to Towns and Village Districts.
  112. 31:95-f Geographic Information Systems.
  113. 31:95-g Option to Assign Appraisal Responsibility.
  114. 31:95-h Revolving Funds.
  115. 31:96 Interlocal Cooperation on Federal or Interstate Flood Control Projects.
  116. 31:97 State Guarantee.
  117. 31:98 Repealed by 1969, 125:2, eff. July 8, 1969.
  118. 31:98-a Contingency Fund.
  119. 31:99 License to Occupy Portion of Street.
  120. 31:100 Street Fairs.
  121. 31:101 Effect of License.
  122. 31:102 Obstructing Access to Highways.
  123. 31:102-a Hawkers, Peddlers and Vendors.
  124. 31:102-b Background Checks for Certain Vendors.
  125. 31:103 Repealed by 1983, 447:5, II, eff. Jan. 1, 1984.
  126. 31:103-a Contributions to County or State.
  127. 31:103-b Cybersecurity.
  128. 31:104 Liability of Municipal Executives.
  129. 31:105 Indemnification for Damages.
  130. 31:106 Indemnification; Civil Rights Suits.
  131. 31:107 Purchase of Insurance.
  132. 31:108 Attachment, Trustee Process Prohibited.
  133. 31:109 Local Option for Oil Refinery Siting in Towns.
  134. 31:110 Establishment.
  135. 31:111 Purpose.
  136. 31:112 Management.
  137. 31:113 Appropriations Authorized.
  138. 31:114 Repealed by 1995, 299:19, I, eff. Jan. 1, 1996.
  139. 31:115 Eligibility for Federal Funds.
  140. 31:116 Manufactured Housing Foundations.
  141. 31:117 Woodstoves.
  142. 31:118, 31:119 Repealed by 1983, 447:5, III, eff. Jan. 1, 1984.
  143. 31:120 Purpose.
  144. 31:121 Authority Granted.
  145. 31:122 Services Advisory Committee; Cost.
  146. 31:123 Method of Appropriation.
  147. 31:124 Assessments.
  148. 31:125 Limit on Liability.
  149. 31:126 Presumption of Procedural Validity.
  150. 31:127 Definitions.
  151. 31:128 Certified Copy of Legislation Prima Facie Evidence of Enactment.
  152. 31:129 Limitation.
  153. 31:130 Conformity with Enabling Statute.
  154. 31:131 Origin of Warrant Articles.
  155. 31:132 Records Storage.
  156. 31:133 Liability Limitation.
  157. 31:134 Statement of Purpose.
  158. 31:135 Definition.
  159. 31:136 Water and/or Sewer Utility Authorized; Intermunicipal Agreement.
  160. 31:137 Commissioners.
  161. 31:138 Election or Appointment.
  162. 31:139 Services Provided; Cost.
  163. 31:140 Method of Appropriation.
  164. 31:141 Assessments and Fees.
  165. 31:142 Limit on Liability.
  166. 31:143 Authority to Incur Capital Debt.
  167. 31:144 Assessment Funds.
  168. 31:145 District Utility Fund.
  169. 31:146 Abatement and Appeal of Assessments and Fees.
  170. 31:147 Liens and Collection of Assessments.
  171. 31:148 Reports.
  172. 31:149 Local Option.

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172 provisions

31:53 Repealed by 1994, 25:1, I, eff. June 21, 1994.

Repealed by 1994, 25:1, I, eff. June 21, 1994.

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31:54 Repealed by 1994, 25:1, II, eff. June 21, 1994.

Repealed by 1994, 25:1, II, eff. June 21, 1994.

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31:55 Repealed by 1994, 25:1, III, eff. June 21, 1994.

Repealed by 1994, 25:1, III, eff. June 21, 1994.

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31:56 Use of Militia.

The mayor of any city and the selectmen of any town are authorized, at the expense of the city or town, to call out sufficient military force to suppress or prevent a mob riot within its limits. Source. 1854, 1519:3. GS 34:14. GL 37:14. PS 40:16. PL 42:44. RL 51:46.

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31:57 To Whom Payable; Maximum.

Towns may grant pensions to any fireman, police officer, or constable, who, by reason of permanent disability directly incurred in the performance of his official duty, is no longer able to perform services in such capacity, or who has served faithfully for not less than 25 years; provided that no pension shall be granted for more than one year at a time. The maximum amount of such pension shall be in the case of a permanent man 1/2 of the pay received by him at the time of his retirement or disability, and in case of a part-time man, call man or special man, $2,500. Source. 1907, 85:1, 2. 1911, 107:1. PL 42:45. 1927, 17:1. RL 51:47. RSA 31:57. 1965, 144:1. 1973, 63:1, eff. June 1, 1973.

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31:58 Adoption of Provisions.

The provisions of the foregoing section may be adopted by any town by a major vote of the legal voters thereof at any regular election duly warned and holden therein in the warrant for which due notice is given of the intention to act upon the matter. At such election the following question shall be submitted to the voters: "Are you in favor of adopting the law to provide a pension for firemen, police officers, and constables?" Said provisions may be adopted by any city by major vote of the city councils. Source. 1907, 85:3. 1909, 115:1. PL 42:46. RL 51:48.

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31:59 Administration.

When such provisions have been adopted the city councils of the city or the selectmen of the town shall thereafter, under such regulations and restrictions and subject to such provisions as they may by vote or ordinance prescribe, grant pensions as herein authorized. Source. 1907, 85:4. PL 42:47. RL 51:49.

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31:59-a Authority Granted.

Any town at an annual meeting, under an article in the warrant for said meeting, may vote to establish a central purchasing department for said town. Source. 1959, 111:1, eff. July 19, 1959.

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31:59-b Purchasing Agent.

If the town shall vote to establish such a department the selectmen shall appoint a purchasing agent for said town. Said agent shall be a resident of the town at the time of his appointment. He shall purchase all supplies for any agency of said town and may establish rules and regulations for competitive bidding for said purchases. Source. 1959, 111:1, eff. July 19, 1959.

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31:59-c Definitions.

As used in this subdivision the following terms shall be construed as follows: I. "Supplies" shall mean and include all materials, equipment, printing, furniture, furnishings of every name and nature. II. "Purchase" shall mean and include all contracts for the purchase of supplies, as well as the act of purchasing. Source. 1959, 111:1, eff. July 19, 1959.

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31:59-d Application of Subdivision.

In any town which has voted to establish a purchasing department as provided in this subdivision the authority of any official or board to make purchases shall be suspended during the time said provisions are in effect. Nothing in this subdivision shall be construed as affecting in any way a school district, or the purchase of supplies therefor, located in a town which has voted to establish a purchasing department for the town. Source. 1959, 111:1, eff. July 19, 1959.

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31:60 to 31:89 Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.

to 31:89 Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.

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31:89-a to 31:89-l Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.

to 31:89-l Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.

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31:90 Stock Voting.

The selectmen of any town holding stock in any railroad as trustee or otherwise are authorized to vote thereon at all meetings of such corporation, and may appoint, in writing, an agent for that purpose. Source. 1864, 2890:5. GS 34:20. GL 37:17. PS 40:18. Const., Art. 5. PL 42:69. RL 51:88.

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31:91 Soliciting Funds.

The right to grant permits for soliciting funds for charitable purposes and for the sale of tags, flowers or other objects for charitable purposes shall be vested in the mayor and aldermen of a city or the selectmen of towns. Source. 1923, 121:1. PL 42:70. RL 51:89. RSA 31:91. 1955, 270:1, eff. July 22, 1955.

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31:92 Taking of Land.

Whenever any town cannot obtain by contract, for a reasonable price, any land required for public use, such land may be taken, the damages assessed, and the same remedies and proceedings had as in case of laying out highways by selectmen. Source. 1872, 38:1. PS 40:6. PL 42:71. RL 51:90.

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31:92-a Water Pollution.

Any town which shall have received an order by the department of environmental services under the provisions of RSA 147, 485, or 485-A shall proceed forthwith to acquire whatever easements and lands as are necessary to comply with said order provided a majority of the voters vote in favor of said acquisition at any regular or special town meeting called for the purpose of taking action on such order, and may enter upon, for the purpose of survey leading to land description, any land within its limits. In so proceeding, the selectmen or other duly authorized agents shall institute any necessary land taking in accordance with the provisions of RSA 31:92 and, anything contained in RSA 231 or in the statutes generally notwithstanding, the decision of the selectmen of the town or towns in which such land or lands are situated shall not be vacated and any subsequent appeal or other action by the owner or owners shall be based solely on the amount of damages assessed, and the duly appointed agents of the town shall have full right of immediate entry for the purposes of detailed surveys, borings, or the conduct of any and all other actions necessary or desirable to aid the town in implementation of the order by the department of environmental services. Source. 1969, 377:1. 1986, 202:6, I(a). 1989, 339:9, eff. Jan. 1, 1990. 1996, 228:108, eff. July 1, 1996.

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31:93 Town Seal.

Every town shall provide for the use of its town clerk an official seal, bearing the name of the town and the date of its incorporation, and of such general design as may be approved by the selectmen thereof. Papers issued from the office of the town clerk may be attested therewith. Source. 1917, 149:1. PL 42:72. RL 51:91.

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31:94 Fiscal Year.

The fiscal year of towns, village precincts and departments thereof excepting school districts shall end on December 31. Source. 1869, 26:4. GL 40:10. PS 43:49. 1893, 24:1. 1915, 102:1. 1917, 129:9, 10. PL 42:73. RL 51:92. 1943, 142:1, eff. Dec. 31, 1944.

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31:94-a Optional Fiscal Year.

Cities and towns and counties, may adopt a single 18 month accounting period running from January 1 of the calendar year following adoption and ending June 30 of the next following year. Thereafter, accounting periods for such towns, cities, and counties shall run from July 1 to June 30 of the following year. Source. 1969, 497:1. 1971, 454:1, eff. Aug. 29, 1971.

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31:94-b Adoption.

The provisions of RSA 31:94-a shall not take effect in any town, city or county unless adopted in the following manner: I. In towns operating under the municipal budget law, by unanimous vote of the selectmen together with the approval of a 2/3 majority of the members of the budget committee, or by an article in the town warrant adopted by a majority of the legal voters of the town present and voting on such adoption; II. In towns not operating under the municipal budget law, by an article in the town warrant, adopted by a majority of the legal voters of the town present and voting on such adoption; III. In cities, by 2/3 vote of the city council; IV. In counties, by majority vote of the members of the county convention present and voting. Source. 1969, 497:1. 1973, 474:1. 1986, 208:4, eff. Aug. 5, 1986.

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31:94-c Authorization to Use Accounting Period.

Any town, city or county which adopts the provisions of RSA 31:94-a may budget their receipts and expenditures, raise and appropriate revenues, and assess taxes on the basis of a single 18 month accounting period running from January 1 of the calendar year following adoption and ending June 30 of the next following year. Thereafter, they shall operate their fiscal affairs on the basis of a 12 month accounting period running from July 1 to June 30 of the next following year. Source. 1969, 497:1, eff. Sept. 1, 1969.

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31:94-cc Proration of Property Tax Exemptions During Transition Period.

Any city or town which adopts the provisions of RSA 31:94-a and assesses taxes on the basis of the 18-month accounting period as permitted under RSA 31:94-c shall prorate any exemption or tax credit available under RSA 72:28, 29-a, 30, 31, 32, 35, 36-a, 37, 37-a, 39-b, 62, 66, and 70 to reflect that 18-month period. Source. 1978, 7:1. 1991, 70:1, eff. April 1, 1992. 1996, 140:9, eff. Jan. 1, 1998.

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31:94-d Debt During Transition Period.

Towns, cities, and counties which have adopted the provisions of RSA 31:94-a may incur debt under the provisions of RSA 33 in an amount not to exceed 1/3 of all taxes assessed on April 1 of the year following adoption of RSA 31:94-a, excluding payments upon outstanding debts, said debt to be discharged in not more than 20 years. For the purposes of this section, taxes assessed shall include all taxes reimbursed to the town, city or county in accordance with the provisions of RSA 31-A. Debt incurred pursuant to this section shall not be included in the debt limit of the town, city or county, and the funds borrowed pursuant to this section shall be used only to defray additional costs that result from the adoption of an 18 month transitional accounting period. Source. 1969, 497:1. 1973, 239:1, eff. Aug. 18, 1973.

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31:94-e Transition Period.

Where the provisions of RSA 31:94-a are adopted by a town, city or county, the selectmen, city treasurer or county treasurer, respectively, may borrow money in anticipation of taxes, for the transition period in the manner provided by RSA 33:7, I for cities and towns and RSA 29:8 for counties. Source. 1973, 474:2, eff. Aug. 29, 1973.

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31:95 Budget.

Immediately upon the close of the fiscal year the budget committee in towns where such committees exist, otherwise the selectmen, shall prepare a budget on blanks prescribed by the commissioner of revenue administration; provided, however, that any full-time employee of the town, village district, school district or other associated agencies shall be ineligible to serve on the budget committee. Such budget shall be posted with the town warrant and shall be printed in the town report at least one week before the date of the town meeting. Source. 1917, 129:8. PL 42:74. RL 51:93. RSA 31:95. 1973, 544:8. 1981, 282:1, eff. Jan. 1, 1982.

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31:95-a Tax Maps.

I. Every city and town shall, prior to January 1, 1980, have a tax map, so-called, drawn. Each tax map shall: (a) Show the boundary lines of each parcel of land in the city or town and shall be properly indexed. (b) Accurately represent the physical location of each parcel of land in the city or town. (c) Show on each parcel of land the road or water frontage thereof. II. (a) The scale on a tax map shall be meaningful and adequately represent the land contained on the map, taking into consideration the urban or rural character of the land. The scale shall be sufficient to allow the naming and numbering of, and the placement of dimensions within, if possible, the parcel represented in the individual plat. (b) Nothing in this paragraph shall apply to any city or town which, prior to the imposition of such scale requirements, has drawn a tax map, appropriated funds or contracted with any person or firm to prepare a tax map or expended funds in the initial phase of preparing a tax map. III. Each parcel shall be identified by a map and parcel number and shall be indexed alphabetically by owner's name and numerically by parcel number. IV. Tax maps shall be updated at least annually to indicate ownership and parcel size changes. V. Each tax map shall be open to public inspection in a city or town office during regular business hours. Source. 1971, 426:1. 1975, 402:1, eff. Aug. 15, 1975. 2004, 203:10, eff. June 11, 2004.

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31:95-b Appropriation for Funds Made Available During Year.

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 RSA 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 RSA 32 relative to limitation and expenditure of town or village district moneys. Source. 1979, 42:1. 1991, 25:1. 1993, 176:3, eff. Aug. 8, 1993. 1997, 105:1, eff. Aug. 8, 1997. 2005, 188:2, eff. Aug. 29, 2005. 2014, 237:1, eff. Sept. 19, 2014.

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31:95-c Special Revenue Funds.

I. Towns may, pursuant to RSA 31:95-d, vote to restrict revenues, or any portion of revenues, from a specific source to expenditures for specific purposes. Such revenues and expenditures shall be accounted for in a special revenue fund separate from the general fund. II. Notwithstanding paragraph IV, towns may establish, pursuant to RSA 31:95-d, special revenue funds to: (a) Provide special highway funds from appropriate revenues, such as revenues from block grants from the state highway fund, motor vehicle permit fees collected under RSA 261:165, parking meter fees and fines in accordance with RSA 231:131, and any other highway related revenues not otherwise designated by law. Appropriations from the special highway fund shall be used for highway expenditures. (b) Provide special capital improvement plan funds from appropriate revenues, which include any portion of town revenues otherwise allotted to the general fund except property taxes, provided that the town has adopted and has in place an up-to-date capital improvement plan as prescribed and developed in accordance with the provisions of RSA 674:5 through 674:8. Any funds from sources includable in subparagraph (a) included in the capital improvement plan shall be used solely for highway purposes. Appropriations from the special capital improvement plan fund shall be used to fund those individual capital projects identified in an up-to-date duly adopted town capital improvement plan. III. Any surplus in any fund created under paragraph I or II shall not be deemed part of the general fund accumulated surplus nor shall any surplus be expended for any purpose or transferred to any appropriation until such time as the legislative body shall have voted to appropriate a specific amount from said fund for a specific purpose related to the purpose or source of the revenue. IV. This section shall not be construed to prohibit the establishment of capital reserve funds pursuant to RSA 35:1 or town created trust funds pursuant to RSA 31:19-a. The provisions of this section shall be limited to those town activities funded primarily through user fees including, but not limited to, municipal airports and solid waste facilities. Source. 1989, 279:1. 1993, 184:1, eff. Aug. 8, 1993. 1996, 148:1, 2, eff. May 24, 1996.

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31:95-d Procedure for Adoption; Rescission or Change of Purpose.

I. Any town may adopt the provisions of RSA 31:95-c to restrict revenues, or any portion of such revenues, from a specific source to expenditures for specific purposes in the following manner: (a) In a town, the question shall be placed on the warrant of a special or annual town meeting under the procedures set out in RSA 39:3, and shall be voted on by ballot. The question shall not be placed on the official ballot. (b) The selectmen shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing. (c) The wording of the question shall be: "Shall we adopt the provisions of RSA 31:95-c to restrict (here insert portion as a fractional or dollar amount) of revenues from (here insert source) to expenditures for the purpose of (here insert purpose)? Such revenues and expenditures shall be accounted for in a special revenue fund to be known as the ( ... ) fund, separate from the general fund. Any surplus in said fund shall not be deemed part of the general fund accumulated surplus and shall be expended only after a vote by the legislative body to appropriate a specific amount from said fund for a specific purpose related to the purpose of the fund or source of the revenue." II. If a majority of those voting on the question vote "Yes", RSA 31:95-c shall apply within the town on a date set by the selectmen. III. If the question is not approved, the question may later be voted upon according to the provisions of RSA 31:95-d, I. IV. (a) Any town which has adopted RSA 31:95-c may consider rescinding its action in the manner described in RSA 31:95-d, I(a) and (b). The wording of the question shall be the same as set out in RSA 31:95-d, I(c), except the word "adopt" shall be changed to "rescind." (b) If a majority of those voting on the question vote "Yes", RSA 31:95-c shall not apply within the town, and any remaining amounts in the rescinded fund shall become part of the general fund accumulated surplus. V. No change shall be made to a special revenue fund adopted under RSA 31:95-c unless the town has voted to consider changing the source or fractional portion of revenues or specific purpose of expenditures of the fund in the manner described in subparagraphs I(a) and (b) and authorized such change by a vote of 2/3 of all the voters present and voting at an annual town or district meeting. Source. 1989, 279:1, eff. July 28, 1989. 1996, 148:3, 4, eff. May 24, 1996. 2012, 181:2, eff. Aug. 10, 2012.

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31:95-e Acceptance of Personal Property Donated to Towns and Village Districts.

I. Any town or village district at an annual meeting may adopt an article authorizing the board of selectmen or board of commissioners to accept gifts of personal property, other than money, which may be offered to the town or village district for any public purpose, and such authorization shall remain in effect until rescinded by a vote of town or village district meeting. II. Prior to the acceptance of any such gift with a value of $5,000 or more, the selectmen or board of commissioners shall hold a public hearing on the proposed acceptance. For gifts with a value of less than $5,000, a public hearing on the proposed acceptance shall be at the discretion of the selectmen or board of commissioners. If no public hearing is held, the board of selectmen or board of commissioners shall post notice of the gift in the agenda and shall include notice in the minutes of the board of selectmen or board of commissioners meeting at which such gift is discussed. The acceptance of gifts under this paragraph shall be made in public session of any regular board of selectmen or board of commissioners meeting. III. No acceptance of any personal property under the authority of this section shall be deemed to bind the town or village district to raise, appropriate or expend any public funds for the operation, maintenance, repair, or replacement of such personal property. Source. 1991, 25:2, eff. June 18, 1991. 1997, 105:2, eff. Aug. 8, 1997. 1998, 196:1, eff. Aug. 17, 1998. 2008, 24:1, eff. July 11, 2008.

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31:95-f Geographic Information Systems.

Any town may establish computer-based geographic information systems and control the distribution of that information, subject to RSA 91-A. The town may finance the completion and perpetuation of the system through establishing a special revenue fund under RSA 31:95-c and 31:95-d or through nonprofit corporations. The town may charge fees for the use of the system. Source. 1994, 76:2, eff. July 5, 1994.

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31:95-g Option to Assign Appraisal Responsibility.

The legislative body of any municipality may vote to authorize the elected officials to delegate the assessing functions imposed on them under RSA 75:1, 75:11, and 79-A:5 to a person certified by the assessing certification board under RSA 310-C. Source. 2001, 297:6, eff. Sept. 15, 2001. 2022, 267:5, eff. Jan. 1, 2023.

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31:95-h Revolving Funds.

I. A town may, by vote of the legislative body, establish a revolving fund. Each revolving fund shall be limited to one of the following purposes: (a) Facilitating, maintaining, or encouraging recycling as defined in RSA 149-M:4; (b) Providing ambulance services, or fire services, or both; (c) Providing public safety services by municipal employees or volunteers outside of the ordinary detail of such persons, including but not limited to public safety services in connection with special events, highway construction, and other construction projects, or for any other public safety purpose deemed appropriate by the municipality; (d) Creating affordable housing and facilitating transactions relative thereto; (e) Providing cable access for public, educational, or governmental use; (f) Financing of energy conservation and efficiency and clean energy improvements by participating property owners in an energy efficiency and clean energy district established pursuant to RSA 53-F; (g) Facilitating transactions relative to municipal group net metering; or (h) Facilitating the provision of energy services pursuant to the approved electric aggregation plan under RSA 53-E, provided that no funds raised from local taxes shall be used for such purposes. II. If a town establishes a revolving fund for any of the purposes listed in paragraph I, it may deposit into the fund all or any part of the revenues from fees, charges, or other income derived from the activities or services supported by the fund, and any other revenues approved by the legislative body for deposit into the fund. The money in the fund shall be allowed to accumulate from year to year, and shall not be considered part of the town's general surplus. The town treasurer shall have custody of all moneys in the fund, and shall pay out the same only upon order of the governing body, or other board or body designated by the local legislative body at the time the fund is created; provided, that no further approval of the legislative body, if different from the governing body, shall be required. Such funds may be expended only for the purposes for which the fund was created. III. The legislative body may, at the time it establishes a revolving fund or at any time thereafter, place limitations on expenditures from the fund including, but not limited to, restrictions on the types of items or services that may be purchased from the fund, limitations on the amount of any single expenditure, and limitations on the total amount of expenditures to be made in a year. No amount may be expended from a revolving fund established hereunder for any item or service for which an appropriation has been specifically rejected by the legislative body during the same year. IV. The provisions of this section shall not preclude the establishment of a revolving fund for any other purpose authorized by law. Source. 2005, 79:1, eff. Aug. 6, 2005. 2008, 68:1, eff. July 20, 2008; 391:1, eff. Sept. 15, 2008. 2010, 215:3, eff. Aug. 27, 2010. 2013, 9:1, eff. July 6, 2013. 2017, 95:1, eff. Aug. 7, 2017. 2018, 30:1, eff. July 14, 2018; 58:1, eff. July 24, 2018. 2026, 198:1, 2, eff. Aug. 18, 2026.

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31:96 Interlocal Cooperation on Federal or Interstate Flood Control Projects.

Powers granted to a town by paragraph XXXV of RSA 31:4 may be exercised jointly with other towns similarly affected, and any 2 or more such towns may enter into agreements with one another for joint or cooperative action pursuant to the following provisions: I. Such agreement shall be approved by a vote of the majority of those present and voting at any regular or special meeting of the town. II. Any such agreement shall specify the following: (a) Its duration; (b) The precise organization, composition, and nature of any joint or cooperative agency, or of any separate legal or administrative entity, if one is created thereby, together with the powers delegated thereto; (c) Its purposes; (d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor; (e) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; (f) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; (g) Any other necessary and proper matters. III. The attorney general shall approve any agreement submitted to him hereunder unless he finds that it does not meet the conditions set forth herein and shall detail in writing addressed to the selectmen of the towns concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 30 days of its submission shall constitute approval thereof. IV. Financing of joint projects by agreement shall be as provided by law. V. Prior to its entry in force, an agreement made pursuant to this section shall be filed with the town clerk of each signatory town and with the secretary of state. VI. No agreement made pursuant to this section shall relieve any town of any obligation or responsibility imposed upon it by law, except that to the extent of actual or timely performances by a joint board or other agency or entity created by an agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility. VII. This section shall not apply to cooperative efforts undertaken by towns pursuant to other special or general statutes. VIII. Any town entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give or otherwise supply the joint board or agency or legal entity created hereunder by providing such personnel or services therefor as may be within its legal power to furnish. Source. 1957, 287:2, eff. Oct. 1, 1957.

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31:97 State Guarantee.

In view of the general public benefits resulting from flood control in the state, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at no time in excess of the total aggregate sum for the entire state of $500,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any municipality, town, city, county or district for purposes authorized by RSA 31:96 and RSA 52:1-a and the full faith and credit of the state are pledged for any such guarantee. The state's guarantee shall be endorsed on such bonds or notes by the state treasurer; and all notes or bonds issued with state guarantee shall be sold (1) at public sealed bidding, (2) after publication of advertisement for bids, (3) to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it by action against the town as provided in RSA 530. Source. 1957, 287:4, eff. Oct. 1, 1957.

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31:98 Repealed by 1969, 125:2, eff. July 8, 1969.

Repealed by 1969, 125:2, eff. July 8, 1969.

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31:98-a Contingency Fund.

Every town annually by an article separate from the budget and all other articles in the warrant may establish a contingency fund to meet the cost of unanticipated expenses that may arise during the year. Such fund shall not exceed one per cent of the amount appropriated by the town for town purposes during the preceding year excluding capital expenditures and the amortization of debt. A detailed report of all expenditures from the contingency fund shall be made annually by the selectmen and published with their report. Source. 2013, 115:2, eff. Aug. 24, 2013. 2014, 190:5, eff. Sept. 9, 2014.

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31:99 License to Occupy Portion of Street.

The selectmen of a town may grant a license in writing to any person to occupy a portion of any street, designated by distinct limits, for the purpose of laying thereon lumber and other materials for building purposes, but not for retail sale except as provided in RSA 31:100, for a time not exceeding 4 months, whenever they shall deem it necessary or proper, subject to such terms and conditions, to be expressed in the license, as the public convenience and safety may require. Source. 1844, 144:1. CS 119:8. GS 252:8. GL 269:8. PS 264:9. PL 378:9. RL 440:8. RSA 570:8. 1973, 532:1, eff. Nov. 1, 1973; 558:8, eff. Nov. 2, 1973.

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31:100 Street Fairs.

The selectmen of a town or governing body of a city may grant a license in writing to any person or persons to use and occupy a portion of any street or sidewalk, as may be designated in general or in specific terms, for the purpose of conducting thereon street fairs or other community events, including but not limited to the sale of merchandise by commercial retailers, or by community associations conducting street fairs or other promotions. Such licenses may include the right to encumber the designated area with boxes, shelves, stands and other devices useful in conducting such sales and shall be issued for not in excess of 3 consecutive business days. Licenses may also be subject to such other terms and conditions, to be expressed in the license, as the public convenience and safety may require. Source. 1971, 278:1. RSA 570:8-a. 1973, 532:1, eff. Nov. 1, 1973.

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RSA 31 Powers and Duties of Towns