HB 1293 – AS INTRODUCED
2006 SESSION
10/01
HOUSE BILL 1293
AN ACT establishing a procedure for towns to change county affiliation.
COMMITTEE: Municipal and County Government
This bill establishes a procedure for a town or city to change its affiliation from one county in this state to another.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2182
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing a procedure for towns to change county affiliation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; County Extent; Procedure for Change by a Town or City. Amend RSA 22 by inserting after section 11 the following new section:
22:12 Procedure for Change of County Extent.
I. Any town or city may vote to create a committee to proceed with withdrawing from the county and joining another county in this state in the following manner:
(a) The question shall be placed on the warrant of a special or annual town meeting, which body shall have final authority to adopt the provision to create a planning committee.
(b)(1) In cities and towns without annual meetings, the legislative body of the town or city shall consider and act upon the question in accordance with its current procedures. To the extent and if permitted by local ordinance, upon submission to the legislative body within 60 days of the legislative body’s vote of a petition signed by 100 or by 2 percent, whichever is less, of the registered voters, the legislative body shall place the question on the official ballot for any regular election otherwise in accordance with its current procedures for passage of referenda.
(2) The legislative body 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.
(3) In the event that the referendum is nonbinding, the question shall be returned for reconsideration to the legislative body which shall have final authority to adopt the provision to create a committee.
(4) In the event that the referendum is binding, the public vote shall be the final and binding authority to adopt the provision to create a committee to proceed with withdrawing from the county and joining another county in this state.
II.(a) The committee shall consist of the following members:
(1) Three public officials of the town or city, appointed by the governing body.
(2) Four public members representing the community at large, appointed by the governing body.
(3) The members of the house of representatives and senate representing the town or city.
(b) The members of the committee shall serve without pay for a term ending:
(1) At the annual meeting of the town next following the creation of the committee, if the committee is created at an annual meeting; or
(2) One year from the date of appointment, if the committee is created at a special meeting; or
(3) One year from the date of appointment, if appointed in cities and towns without annual meetings.
(c) The committee shall act by a majority vote of its total membership.
III. The committee shall:
(a) Study the advisability of changing the affiliation of the town or city from its current county to another county in this state.
(b) Estimate the costs of such a change.
(c) Investigate any other matters pertaining to the organization and operation of the town or city relative to a change in county affiliation.
(d) Prepare a fiscal analysis of the impact on all remaining places in the county and the disposition of assets.
(e) Submit a report or reports of its findings and recommendations to the towns and cities within the existing county.
IV.(a) If committee recommends the withdrawal from the county, it shall prepare a plan for transition of services signed by at least a majority of the membership of the committee.
(b)(1) If the committee chooses not to recommend withdrawal that recommendation shall be submitted to the voters of the town or city at the next regular election.
(2) If a majority of voters present and voting vote in the affirmative, the recommendation shall be accepted.
(c) Any plan for withdrawal from a county shall be submitted to the voters in each town or city affected by the proposed change in county extents delineated in this chapter.
V.(a) If a majority of voters voting on the question answer in the affirmative, the secretary of state shall cause a bill to change the county affiliation and extent and other necessary changes to be submitted to the general court at the next legislative session. Upon passage of the bill and the signing of the bill into law, the town or city shall be located in the new county. If legislation adopting the change is not enacted by the general court in the next succeeding session of the general court, no further action or approval by the town or city is required for future introduction of legislation adopting the change approved by the town or city pursuant to this section.
(b) If a majority of the voters voting on the question do not answer in the affirmative, the town or city shall continue as a member of the county as provided in law.
2 Effective Date. This act shall take effect 60 days after its passage.