HB 1405 – AS INTRODUCED
2006 SESSION
08/10
HOUSE BILL 1405
AN ACT relative to the schedule for the adoption, revision, and amendment of municipal charters.
SPONSORS: Rep. Brundige, Hills 19; Rep. Dowd, Rock 5; Rep. L. Brown, Straf 3; Rep. Gale, Sull 3
COMMITTEE: Municipal and County Government
This bill clarifies the timeline for the adoption, revision, and amendment of municipal charters.
This bill also changes the procedure for making amendments to municipal charters.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2663
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the schedule for the adoption, revision, and amendment of municipal charters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Schedule of Charter Adoption, Revision, Amendment Events. Amend RSA 49-B by inserting after section 2 the following new section:
49-B:2-a Schedule of Charter Adoption, Revision, Amendment Events. The time schedule for consideration of a proposed charter, charter amendments, or charter revisions shall be based on the following:
I. For events that follow the establishment of a charter commission and lead up to the commission determining to place a proposed charter or charter revision before the voters, the following schedule shall apply. The time period for completing the specified events shall be determined by counting forward from the date when the determination is made to establish a charter commission by vote at an election or by order of the governing body. An event or activity may be conducted at an earlier date (a date closer to the election day) if all necessary prior events or activities have been completed.
Period of time for:
(a) Governing body order or election vote to establish a commission: Day 0.
(b) For election, requesting recount: Day 1 to day 7.
(c) For election, conducting recount: Day 6 to day 17.
(d) Governing body meets to set date for special election: Day 18 to day 23.
(e) Special election to elect commissioners held on the Tuesday during this period: Day 79 to day 86, from the date when the election is set.
(f) Governing body to establish charter commission account with a minimum sum of $100: Day 87 to day 107.
(g) Requesting recount of election of charter commissioners: By Friday following election.
(h) Conducting recount of charter commissioners: No sooner than 5 days, no later than 10 days after receipt or request.
(i) Clerk to notify commissioners of organizational meeting: No sooner than Friday following election, if no recount is requested, or the day following the recount; no later than Day 110.
(j) First organizational meeting: Day 117 to day 131.
(k) Notice must be published of public comment meeting: No later than 7 days before.
(l) First meeting held to receive pubic comment: Day 132 to day 146.
(m) The commission or governing body may conduct as many additional public hearings as they determine are beneficial to the voters of the municipality.
(n) All future time periods shall be determined by a charter commission based on the schedule set forth in paragraph II.
II. Once a charter commission decides to place a charter or charter revision before the voters, or a governing body or petitioner’s committee determines to place a charter amendment before the voters the time period when necessary events shall occur shall be determined by the following schedule, stated in terms of the number of days prior to the regularly scheduled municipal election at which the question shall be placed before the voters. Charter adoption, revision, or amendment shall be considered only at regularly scheduled municipal elections. The charter commission, or in the case of an amendment, the governing body or the petitioners shall first select a regularly scheduled municipal election at which the amendment or revision may be voted upon, which will occur no sooner than 181 days following and no later than 2 years following the date of the meeting at which this decision is made. The following deadlines shall then be calculated by counting days back from the date of the election. The date of the election shall not be counted in satisfying the deadline, however, the deadline day shall count. An event or activity may be conducted at an earlier date (a date further in advance of the election day) if all necessary prior events or activities have been completed.
Period of time for:
(a) Vote on proposed charter, revision, amendments: Election day.
(b) Charter commission to file a complete account of all its receipts and expenditures with the clerk: 10 to 30 days prior to election day.
(c) Public hearing on the final version: 15 to 30 days prior to election day.
(d) Notice of public hearing on final version: No later than 7 days before hearing.
(e) The final version of the amendment or revision to be published and available to the public: 30 days prior to election day.
(f) Municipal officers to order the charter, charter revision, or charter amendment to be submitted to the voters at the next regularly scheduled municipal election: 31 to 45 days prior to election day.
(g) Final charter or charter revision report to be submitted by the commission to the governing body; final amendment to be submitted by petitioner’s committee to the governing body: 46 to 55 days prior to election day.
(h) Charter commission, governing body, or petitioner’s committee to finalize the proposal following receipt of state review: 56 to 69 days prior to election day.
(i) Secretary of state, attorney general, and commissioner of the department of revenue administration to review proposed charter, charter revision, or charter amendment for inconsistency with or conflict with general laws of the state: 70 to 100 days prior to election day.
(j) Clerk submits certified copy of the proposed charter, charter revision, or amendment to the secretary of state, attorney general, and commissioner of the department of revenue administration: 101 to 110 days prior to election day.
(k) Charter commission, governing body, or petitioner’s committee to finalize the preliminary proposal and submit it to the municipal clerk along with a written opinion from a New Hampshire attorney that the proposal is not inconsistent with or in conflict with the general laws of the state: No later than 110 days prior to the election.
(l) Public hearing on preliminary version of any proposed amendment: 117 to 131 days prior to the election.
(m) Notice of the public hearing to be made by the governing body: No less than 7 days before the hearing.
(n) The governing body to set a public hearing on the petitioned amendment upon receipt of certification from the clerk that a petitioned amendment is supported by sufficient valid signatures: 138 to 145 days prior to the election.
(o) Petitioner’s committee to file notice of intent and supplementary petitions to correct any deficiencies in the manner specified by RSA 49-B:3, IV: 146 to 159 days prior to the election.
(p) Clerk to cause the petition to be checked and certified in the manner specified by RSA 49-B:3, IV: 160 to 180 days prior to the election.
(q) Petitioned amendment to be submitted to the clerk of the municipality: No later than 181 days prior to the election.
(r) Petitioner to solicit a committee of at least 10 voters and must obtain the written opinion of a New Hampshire attorney that the proposed amendment is consistent with and does not conflict with the general laws of the state: Prior to circulating the petition for voter signatures.
2 Charter Commission, Membership, Procedure. Amend RSA 49-B:4 to read as follows:
49-B:4 Charter Commission, Membership, Procedure. Each of the following events or activities shall be completed in accordance with the time periods set forth in RSA 49-B:2-a.
I. The charter commission shall consist of 9 members, all of whom shall be registered voters of the municipality and elected as hereinafter provided.
(a) [Within 5 days after the deadline for a recount of a vote confirming the establishment of a charter commission,] The municipal officers shall meet to order a special election to be held [on the Tuesday not less than 56 days nor more than 63 days after such meeting] for the purpose of electing charter commission members.
(b) Members shall be elected in the same manner as the municipal officers except that they shall be elected at large and without party designation. The names of the candidates shall be arranged alphabetically by surname.
II. The municipal clerk shall [within 7 days after the election of the charter commission members,] notify those elected to the charter commission of the date, time and place of the organizational meeting of the charter commission. Such date, time and place shall be fixed by the clerk [and 7 days’ notice of the organizational meeting shall be given]. The charter commission shall organize by electing from its members a chairman, vice chairman and a secretary and shall file notice thereof with the municipal clerk. Vacancies occurring on the commission shall be filled by vote of the commission from the voters of the municipality. Members shall serve without compensation but shall be reimbursed from the commission’s account for expenses lawfully incurred by them in the performance of their duties.
III. The charter commission may adopt rules and regulations governing the conduct of its meetings and proceedings and may employ such legal, research, clerical or other employees and consultants as are deemed necessary within the limits of its budget.
IV.(a) A municipality shall provide its charter commission, free of charge, with suitable office space and with reasonable access to facilities for holding public hearings, may contribute clerical and other assistance to such commission, and shall permit it to consult with and obtain advice and information from municipal officers, officials and employees during ordinary working hours. [Within 20 days after the election of a charter commission,] The municipal officers shall credit to the charter commission account the sum of $100. A municipality may from time to time appropriate additional funds to the charter commission account. Such funds may be raised by taxation, borrowed or transferred from surplus.
(b) In addition to funds made available by a municipality, the charter commission account may receive funds from any other source, public or private, provided, that no contribution of more than $5 shall be accepted from any other source other than the municipality unless the name and address of the person or agency making the contribution and the amount of the contribution are disclosed in writing filed with the clerk. [Within 30 days after submission of its final report] The charter commission shall file with the clerk a complete account of all its receipts and expenditures for public inspection. Any balance remaining in its account shall be credited to the municipality’s surplus account.
V. [Within 14 days after its organizational meeting,] The charter commission shall hold a public meeting for the purpose of receiving information, views, comments and other pertinent material relative to its functions. [Within 180 days after its election,] the charter commission shall prepare a preliminary report including the text of the charter or charter revision which the commission intends shall be submitted to the voters and any explanatory information the commission deems desirable, shall cause such report to be printed and circulated throughout the municipality, and shall provide sufficient copies of the preliminary report to the municipal clerk to permit its distribution to each voter requesting it. [Within 225 days after its election,] Following receipt of the review by the secretary of state, the attorney general, and the commissioner of the department of revenue administration of the text of the charter or charter revision, any amendment of the text of the charter or charter revision shall conform with the recommendation made in the review or the amended text shall be submitted for further review. The charter commission shall submit to the municipal officers its final report, which shall include the full text and explanation of the proposed new charter or charter revision, such comments as the commission deems desirable, an indication of the major differences between any current and proposed charters and a written opinion by an attorney admitted to the bar of this state that the proposed charter or charter revision is not in conflict with the constitution or the general laws. Minority reports if filed shall not exceed 1,000 words. All public hearings before a charter commission shall be held within the municipality at such times and places as may be specified in a notice published at least 7 days prior to the hearing in a newspaper having general circulation in the municipality, but hearings may be adjourned from time to time without further published notice.
VI. Upon the filing of the final report, the municipal officers shall order, as determined by the charter commission, the proposed new charter or charter revision to be submitted to the voters at the next primary or general municipal election [or, in the case of municipalities with biennial elections, at the next regular state biennial election held at least 45 days after the filing of the final report].
VII. The charter commission shall continue in existence for 60 days after submission of its final report to the municipal officers for the purpose of winding up its affairs.
VIII. A charter commission considering a revision to an existing charter may at any time following the first hearing for public comment and prior to the issuance of its final report decide by majority vote that no charter revision shall be placed before the voters.
3 Charter Amendments, Procedure. Amend RSA 49-B:5 to read as follows:
49-B:5 Charter Amendments, Procedure. Each of the following events or activities shall be completed in accordance with the time periods set forth in RSA 49-B:2-a.
I. The municipal officers may determine that amendments to the municipal charter are necessary and, by order, provide for notice and hearing on them in the same manner as provided in RSA 49-B:5, IV(a). [Within 7 days after the hearing,] The municipal officers may order the proposed amendment to be placed on a ballot at the next regular municipal election [or, in the case of municipalities with biennial elections, at the next regular state biennial election held not less than 60 days after the order is passed; or they may order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments].
(a) Each amendment shall be limited to a single subject, but more than one section of the charter may be amended as long as it is germane to that subject.
(b) Alternative statements of a single amendment are prohibited.
II. On the written petition of a number of voters equal to at least 20 percent of the number of votes cast in a municipality at the last regular municipal election, but in no case less than 10 voters, the municipal officers shall, by order, provide that proposed amendments to the municipal charter be placed on a ballot in accordance with the procedures set out below.
(a) Each amendment shall be limited to a single subject but more than one section of the charter may be amended as long as it is germane to that subject.
(b) Alternative statements of a single amendment are prohibited.
(c) Prior to circulating the petitions, the sponsor shall obtain a written opinion by an attorney admitted to the bar of this state that the proposed amendment is not in conflict with the general laws or the constitution. This written opinion shall be submitted to the clerk with the petitions.
(d) A petitioner’s committee consisting of no less than 10 voters shall be identified on the petition and shall have the same authority to make changes to the proposed amendment that the governing body has for amendments proposed by the governing body.
III. The petition forms shall carry the names of each voter who is a member of petitioner’s committee and the following legend in bold lettering at the top of each form on the face thereof.
Municipality of
“Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment of the municipal charter as set out below. Each of the undersigned agrees that the petitioner’s committee identified on this petition, may, by majority vote of the members of the committee, make amendments to the petition following the hearing held for public comment and the review of the proposed amendment by the state” No more than one subject may be included in a petition. In all other respects the form, content and procedures governing amendment petitions shall be the same as provided for charter revision and adoption petitions under RSA 49-B:3 including procedures relating to filing, sufficiency and amendments.
IV.(a) [Within 10 days of] Upon receipt of a report that a petition is sufficient, the municipal officers shall by order provide for a public hearing on the proposed amendment. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. The hearing shall be conducted by the municipal officers or a committee appointed by them.
(b) [Within 7 days after the public hearing,] The municipal officers or the committee appointed by them or the petitioner’s committee shall file with the municipal clerk a report containing the final draft of the proposed amendment and a written opinion by an attorney admitted to the bar of this state that the proposed amendment as revised following public hearing is not in conflict with the general laws or the constitution. An amendment brought by petition which is not amended following the public hearing shall not require a second written opinion. In the case of a committee report, a copy shall be filed with the municipal officers.
[(c) Within 7 days after the hearing, the municipal officers shall order the proposed amendment to be placed on the ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election, if such election is held not less than 60 days nor more than 180 days thereafter. Otherwise, the municipal officers shall order a special election to be held not less than 60 days nor more than 90 days from the date of the order for the purpose of voting on the proposed amendments.]
(c) In accordance with the schedule set forth in RSA 49-B:2-a, the clerk shall file a certified copy of said report with the secretary of state, the attorney general, and the commissioner of the department of revenue administration, for their review pursuant to RSA 49-B:5-a.
(d) Upon return of the review by the secretary of state, the attorney general, or the commissioner of the department of revenue administration the governing body or the petitioner’s committee may revise the amendment to correct any conflicts or inconsistencies with the general laws of the state identified in the state review. Any such revision shall conform to the recommendations made in the review or the revision shall be submitted for further review. If further review is necessary, it shall be conducted in the same manner as provided for in RSA 49-B:5-a.
(e) In accordance with the schedule set forth in RSA 49-B:2-a, the governing body shall conduct a final public hearing to provide the public with information on the final version of the proposed amendment.
4 Municipal Charters; Joint Review by State Agencies. Amend RSA 49-B:5-a I to read as follows:
I. [Within 10 days of the filing of the preliminary report relative to any new municipal charter, charter revision, or charter amendment,] In accordance with the schedule set forth in RSA 49-B:2-a, the municipal clerk shall file a certified copy of said report with the secretary of state, the attorney general, and the commissioner of the department of revenue administration. [Within 14 days of the receipt of said report by] In accordance with the schedule set forth in RSA 49-B:2-a, the secretary of state, attorney general, and commissioner of the department of revenue administration, [they] or their designees, shall jointly review the proposed charter, charter revision, or charter amendment to insure that it is consistent with the general laws of this state.
5 Effective Date. This act shall take effect 60 days after its passage.