HB1441 (2006) Detail

Relative to the procedure for amending a minicipal charter.


HB 1441 – AS INTRODUCED

2006 SESSION

06-2948

08/09

HOUSE BILL 1441

AN ACT relative to the procedure for amending a municipal charter.

SPONSORS: Rep. Biundo, Hills 15; Rep. Infantine, Hills 13; Rep. Reeves, Hills 8; Rep. Hebert, Hills 17

COMMITTEE: Municipal and County Government

ANALYSIS

This bill moves review of charter amendments that are initiated by a petitioners’ committee to before when petitions are issued by the clerk, instead of after signatures are collected.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2948

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the procedure for amending a municipal charter.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Municipal Charters; Approval and Review. RSA 49-B:5-a, I is repealed and reenacted to read as follows:

I. The municipal clerk shall file a report with the secretary of state, attorney general, and the commissioner of the department of revenue administration as follows:

(a) Within 10 days of the filing of the preliminary report relative to any new municipal charter, charter revision, or charter amendment, if initiated by a charter commission or the municipal officers, the municipal clerk shall file a certified copy of said report.

(b) Promptly after the filing of the petitioners’ affidavit relative to a charter amendment, the municipal clerk shall file a certified report consisting of a copy of said affidavit.

(c) Within 14 days of the receipt of said report by the secretary of state, attorney general, and the commissioner of the department of revenue administration, they shall review the proposed charter, charter revision, or charter amendment to insure that it is consistent with the general laws of this state.

2 Approval and Review. Amend RSA 49-B:5-a, II to read as follows:

II. If the secretary of state, the attorney general, or the commissioner of the department of revenue administration do not approve, the proposed charter or charter amendment question, if initiated by a charter commission or the municipal officers, shall not be placed on the municipal ballot. If the proposed charter amendment was initiated by a petitioners’ committee, official petition forms shall not be provided. The secretary of state, attorney general, and commissioner of the department of revenue administration shall specify their objections in writing to the municipal clerk and to the petitioners’ committee if relative to a charter amendment initiated by such petitioners’ committee, within the period of time allowed for review and shall offer recommendations for changes in language which would correct any inconsistencies they may find in the proposed charter or charter amendment to be voted upon. Failure to specify objections to a proposed charter or charter amendment under this section shall constitute approval by the secretary of state, attorney general, or the commissioner of the department of revenue administration.

3 New Subparagraph; Charter Amendments, Procedure. Amend RSA 49-B:5, II by inserting after subparagraph (b) the following new subparagraph:

(c) Promptly after the affidavit is filed by the petitioners’ committee in accordance with RSA 49-B:3, the clerk shall file it for review of the proposed amendment in accordance with RSA 45-B:5-a. Promptly after meeting the requirements for approval, the clerk shall issue petition blanks to the committee.

4 Effective Date. This act shall take effect 60 days after its passage.