HB393 (2009) Detail

Authorizing municipalities to publish electronic legal notices.


2009 SESSION

09-0641

08/10

HOUSE BILL 393-LOCAL

AN ACT authorizing municipalities to publish electronic legal notices.

SPONSORS: Rep. Cooney, Graf 7

COMMITTEE: Municipal and County Government

ANALYSIS

This bill authorizes municipalities to publish electronic legal notices.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0641

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT authorizing municipalities to publish electronic legal notices.

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

1 New Section; Electronic Publication of Legal Notices. Amend RSA 31 by inserting after section 133 the following new section:

31:134 Electronic Publication of Legal Notices.

I. If the governing body adopts the provisions of this section, whenever any statute requires publication in a newspaper of legal notice of a hearing, meeting, or other action of a town or any board, committee, agency, or authority thereof, such requirement shall be satisfied by the publication of notice on the town’s Internet website, together with the physical posting of such notice in at least one public location within the town. Such publication shall be in addition to any other posting of notice required by law that does not include publication in a newspaper as adequate notice. The publication of notice on the Internet web site shall be made during the period required for newspaper publication under the applicable law and shall comply with such law in all other respects.

II. The provisions of this section may be adopted at any annual or special town meeting. In a town that uses the official ballot for the election of officers, the question may be placed on the official ballot. If placed on the official ballot, the question shall be stated substantially as follows: “Shall the town adopt the provisions of RSA 31:134, providing for publication of legal notices on the town’s Internet website instead of in a local newspaper? If this action is adopted, the town shall hereafter use its Internet website to publish legal notices that otherwise would be required by New Hampshire law to be published in a newspaper. This shall apply to any notice of a hearing, meeting, or other action of the town’s legislative or governing body or any board, committee, agency, or authority of the town that is required by New Hampshire law to be published in a newspaper. In all such cases, publication of notice on the town’s website shall be accompanied by the physical posting of notice in at least one public location within the town.”

III. If the question receives an affirmative vote by a majority of those voting, the town shall thereafter post legal notices on its Internet website as provided in paragraph I. The town may rescind such vote at any annual or special meeting in the manner provided in paragraph II. If the question of rescission is placed on the official ballot, the question shall be stated substantially as follows: “Shall the town rescind its adoption of the provisions of RSA 31:134, providing for publication of legal notices on the town’s Internet website instead of a local newspaper? If this action is adopted, the town shall return to publishing legal notices in a newspaper when required to do so by New Hampshire law, rather than publishing such notices on its website.”

IV. Nothing herein shall prevent a town that has adopted the provisions of this section from publishing supplemental notice in any newspaper, so long as the town complies with the provisions of paragraph I.

V. In a town that has adopted a town council form of government under RSA chapter 47-D, the provisions of this section may be adopted or rescinded by a majority vote of the town council.

2 New Section; Electronic Publication of Legal Notices. Amend RSA 49-C by inserting after section 15 the following new section:

49-C:15-a Electronic Publication of Legal Notices.

I. If the elected body adopts the provisions of this section whenever any statute requires publication in a newspaper of legal notice of a hearing, meeting, or other action of a city or any board, committee, agency, or authority thereof, such requirement shall instead be satisfied by the publication of notice on the municipality's Internet website, together with the physical posting of such notice in at least one public location within the city. Such publication shall be in addition to any other posting of notice required by law. The publication of notice on the Internet web site shall be made during the period required for newspaper publication under the applicable law and shall comply with such law in all other respects.

II. The provisions of this section may be adopted at any time by a majority vote of the elected body, and may be rescinded in like manner.

III. Nothing herein shall prevent a city that has adopted the provisions of this section from publishing supplemental notice in any newspaper, so long as the city complies with the provisions of paragraph I.

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

Links

HB393 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB393 Revision: 13151 Date: Jan. 16, 2009, midnight

Docket