HB1177 (2012) Detail

Relative to the limitation on appropriations under the municipal budget law.






AN ACT relative to the limitation on appropriations under the municipal budget law.

SPONSORS: Rep. Simard, Graf 8; Rep. Umberger, Carr 1; Rep. Ladd, Graf 5; Rep. F. McCarthy, Carr 1; Rep. Reilly, Graf 8

COMMITTEE: Municipal and County Government


This bill modifies the percentage by which the total amount appropriated at an annual meeting may exceed the amount recommended by the budget committee.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the limitation on appropriations under the municipal budget law.

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

1 Municipal Budget Law; Limitation of Appropriations. Amend the introductory paragraph of RSA 32:18 to read as follows:

32:18 Limitation of Appropriations. In any municipality electing this subdivision, [or] any district wholly within a town electing this subdivision, or any school district electing this subdivision, the total amount appropriated at any annual meeting shall not [exceed by] be more than [10] 2.5 percent higher nor more than 2.5 percent lower than the total amount recommended by the budget committee for such meeting. In official ballot referendum municipalities and school districts, the recommendation of the budget committee made for the first session of the meeting shall be used for determining the [10] 2.5 percent limitation. These totals shall include appropriations contained in special warrant articles. Money may be raised and appropriated for purposes included in the budget or in the warrant and not recommended by the budget committee, but not to an amount which would increase the total appropriations by more than the [10] 2.5 percent allowed under this paragraph. The [10] 2.5 percent increase allowable under this paragraph shall be computed on the total amount recommended by the budget committee less that part of any appropriation item which constitutes fixed charges. Fixed charges shall include appropriations for:

2 Budget Preparation. Amend RSA 32:5, V(b) to read as follows:

(b) If the article is amended at the first session of the meeting in an official ballot referendum municipality or school district, the governing body and the budget committee, if one exists, may revise its recommendation on the amended version of the special warrant article and the revised recommendation shall appear on the ballot for the second session of the meeting provided, however, that the [10] 2.5 percent limitation on expenditures provided for in RSA 32:18 shall be calculated based upon the initial recommendations of the budget committee;

3 Collective Bargaining Agreements. Amend RSA 32:19 to read as follows:

32:19 Collective Bargaining Agreements. Whenever items or portions of items in a proposed budget constitute appropriations, the purpose of which is to implement cost items of a collective bargaining agreement negotiated pursuant to RSA 273-A, either previously ratified or concurrently being submitted for ratification by the legislative body, or the purpose of which is to implement the recommendations of a neutral party in the case of a dispute, as provided in RSA 273-A:12, such items shall be submitted to the budget committee and considered in its budget preparation. Such appropriations shall be submitted to the legislative body and shall include a statement of the governing body’s recommendation and a separate statement of the budget committee’s recommendation. If such appropriations were not recommended by the budget committee, then such appropriations shall be exempt from the [10] 2.5 percent limitation set forth in RSA 32:18. The failure of the budget committee to recommend any portion of such appropriations shall not be deemed an unfair labor practice under RSA 273-A.

4 Special Meetings. Amend RSA 32:20 to read as follows:

32:20 At Special Meetings. So long as the provisions of this subdivision remain in force in any municipality or school district, no appropriation shall be made at any special meeting for any purpose not approved by the budget committee, unless it is within the allowable [10] 2.5 percent increase if RSA 32:18 has been adopted, except as provided in RSA 32:19 or 32:18-a.

5 Exceptions. Amend RSA 32:21 to read as follows:

32:21 Exceptions. In cases where the town or a district wholly within the town has been ordered by the department of environmental services, under the provisions of RSA 147, 485 or 485-A, to install, enlarge or improve waterworks or to install, enlarge or improve sewerage, sewage, or waste treatment facilities, the [10] 2.5 percent limitation of RSA 32:18 and 20, shall not apply.

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


HB1177 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1177 Revision: 20771 Date: Dec. 14, 2011, midnight