Revision: Jan. 26, 2011, midnight
HB 341 – AS INTRODUCED
2011 SESSION
06/04
HOUSE BILL 341
AN ACT relative to local spending caps.
SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Bettencourt, Rock 4; Rep. Greazzo, Hills 17; Rep. Simmons, Hills 17; Rep. Newton, Straf 1; Sen. De Blois, Dist 18; Sen. Lambert, Dist 13; Sen. Luther, Dist 12
COMMITTEE: Municipal and County Government
This bill authorizes cities and towns to adopt charter provisions establishing limitations on the growth of budgets and taxes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0073
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to local spending caps.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Local Option – City Charters; Meetings. Amend RSA 49-C:12, I to read as follows:
I. The mayor shall preside over all meetings of the elected body, and the city clerk shall act as a clerk of the body. All meetings of the elected body shall be public in accordance with RSA 91-A. Regular meetings shall be held at such hours on such days of the week, at such intervals, as the charter may designate and special meetings upon such notice as is required in the charter. The elected body shall establish its own rules, and a majority shall constitute a quorum for the transaction of the business of the board. The mayor shall have the right to introduce bills and initiate other measures at the meetings and to speak at meetings upon pending measures without resigning the chair. In cases where the mayor is directly elected, the mayor shall not be counted to make a quorum of such board, nor vote as a member of the board except in case of equal division where a simple majority is required. A larger majority vote may be required by statute.
2 New Section; City Charters; Limitations on Growth of Budgets and Taxes. Amend RSA 49-C by inserting after section 23 the following new section:
49-C:23-a Limitations on the Growth of Budgets and Taxes. A city charter may provide for limitations on the growth of one or more of the following: the annual city budget, the annual school budget if the school district is contained entirely within the city, or taxes assessed by the city. Such charter may exclude self-sustaining entities which are funded through user charges, known as enterprise funds, including but not limited to aviation, water and sewer services, and parks and recreation, from limitations imposed by the charter. Any charter adopting such limitations shall authorize the elected body to override any such limitation by a 2/3 vote of all members of the elected body or a 2/3 vote of all members of the elected body present and voting.
3 New Section; Town Charters; Limitations on the Growth of Budgets and Taxes. Amend RSA 49-D by inserting after section 5 the following new section:
49-D:6 Limitations on the Growth of Budgets and Taxes.
I. Any town that by charter has adopted the town council form of government authorized under RSA 49-D:3, I, may adopt, amend, or revise its charter to provide for limitations on the growth of one or more of the following: the annual town budget, the annual school budget if the school district is contained entirely within the town, or taxes assessed by the town. Such charter may exclude self-sustaining entities which are funded through user charges, known as enterprise funds, including but not limited to aviation, water and sewer services, and parks and recreation, from limitations imposed by the charter. Any charter adopting such limitations shall authorize the elected body to override any such limitation by a 2/3 vote of all members of the town council.
II. Any town that by charter has adopted the official ballot town council form of government authorized under RSA 49-D:3, I-a, may adopt, amend, or revise its charter to provide for limitations on the growth of one or more of the following: the annual town budget, the annual school budget if the school district is contained entirely with the town, or taxes assessed by the town. Such charter may exclude self-sustaining entities which are funded through user charges, known as enterprise funds, including but not limited to aviation, water and sewer services, and parks and recreation, from limitations imposed by the charter. Any charter adopting such limitations shall authorize the elected body to override any such limitation by a 2/3 vote of all members of the town council. No matter to be voted on by official ballot may be subject to a supermajority voting requirement.
III. Any town that by charter has adopted the representative town meeting form of government authorized under RSA 49-D:3, III, may adopt, amend, or revise its charter to provide for limitations on the growth of one or more of the following: the annual town budget, the annual school budget if the school district is contained entirely with the town, or taxes assessed by the town. Such charter may exclude self-sustaining entities which are funded through user charges, known as enterprise funds, including but not limited to aviation, water and sewer services, and parks and recreation, from limitations imposed by the charter. Any charter adopting such limitations shall authorize the elected body to override any such limit by a 2/3 vote of all members of the representative town meeting.
4 Applicability. Any municipal charter provision adopted, amended, or revised prior to the effective date of this act which authorizes a 2/3 vote of the elected body to override any provision limiting the growth of budgets or taxes shall become effective on the effective date of this act.
5 Effective Date. This act shall take effect 60 days after its passage.