Bill Text - SB329 (2010)

(New Title) relative to the bonds of county officers, and relative to the form of constitutional questions on the ballot.


Revision: March 27, 2010, midnight

SB 329 – AS AMENDED BY THE SENATE

03/24/10 1050s

2010 SESSION

10-2855

10/05

SENATE BILL 329

AN ACT relative to the bonds of county officers, and relative to the form of constitutional questions on the ballot.

SPONSORS: Sen. Reynolds, Dist 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill transfers the approvals of and procedures for bonds of county officers from the superior court to the county commissioners. The bill also allows for a constitutional question on the ballot to include a summary of changes when the changes are solely to utilize gender neutral terms.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/24/10 1050s

10-2855

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the bonds of county officers, and relative to the form of constitutional questions on the ballot.

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

1 Bonds of County Officers; Approvals. Amend RSA 27:3 to read as follows:

27:3 Approval.

I. The bonds of the sheriffs shall be approved by the [presiding justice of the superior court for the county] county commissioners.

II. County treasurers, county tax collectors appointed pursuant to RSA 81:1, II, registers of deeds and their deputies shall be bonded by position under a blanket bond from a surety company authorized to do business in this state. The bond shall indemnify against losses through the failure of the officers covered to faithfully perform their duties or to account properly for all moneys or property received by virtue of their positions; or against losses through fraudulent or dishonest acts committed by the covered officers. A blanket bond may exclude the county treasurer if a separate fidelity bond for the faithful performance of his or her duties is furnished by the surety writing the blanket bond. Premiums shall be paid by the county. The required bonds shall provide for at least a 2-year discovery period from the date their coverage terminates. The commissioner of revenue administration shall adopt rules under RSA 541-A concerning the amount and form of the surety bonds required under this section.

III. The bonds of all other county officers shall be approved by the county commissioners.

IV. All bonds shall be deposited in the office of the [clerk of court for the] county commissioners.

2 Forms. Amend RSA 27:9 to read as follows:

27:9 Forms. Printed forms of the bonds required by RSA 27:1 shall be provided by the [clerks of the superior court] county commissioners at the expense of the county.

3 Bonds; Reference to Court Changed. Amend RSA 27:12 to read as follows:

27:12 Evidence. The [clerk of court] county commissioners shall deliver to any person applying and paying therefor an attested copy of such bond, which shall be evidence thereof in such suit. If the execution of the bond is denied the court may order the original to be brought into court.

4 Repeal. RSA 27:6 through RSA 27:8, relative to court approval of the sheriff’s bond, are repealed.

5 Constitutional Amendments; Form of Ballot; Question. Amend RSA 663:3 to read as follows:

663:3 Form of Ballot. The following words shall be printed above the constitutional amendment questions on all ballots containing such questions: “Questions Relating to Constitutional Amendments Proposed by the Convention to Revise the Constitution.” A constitutional question shall include, in the text of the question, the text of the article of the constitution as it is proposed to be amended, [and the] except where the proposed changes are solely to utilize gender neutral terms. In such case, the constitutional question shall include a summary of the proposed gender neutral changes. The constitutional question shall also include the results of the vote taken on ordering the proposed amendment to third reading in both the senate and the house of representatives or at the constitutional convention, whichever is appropriate.

6 Effective Date.

I. Sections 1-4 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.