SB 378 – AS AMENDED BY THE HOUSE
SENATE BILL 378
This bill allows a municipality by approval of its legislative body to remove snow from private roads and driveways and class VI highways.
This bill also permits the board of certain public employers to require a secret ballot election to determine whether certification of an employee organization shall remain in effect.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT allowing municipalities to remove snow from private roads and driveways and class VI highways, and relative to decertification of a bargaining unit.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Repair of Highways; Snow Removal. Amend RSA 231 by inserting after section 59-a the following new section:
231:59-b Snow Removal; Private Roads and Driveways and Class VI Highways. A municipality may appropriate and expend sums and may charge fees for the removal of snow from private roads and driveways and class VI highways if such snow removal has been authorized by vote of the legislative body pursuant to RSA 39:3, RSA 40:13, or RSA 49:-D:3 as applicable.
I. Any vote granting snow removal authority shall remain in effect until amended or rescinded by the legislative body.
II. Prior to any snow removal operations authorized under this section, the governing body shall adopt rules for an annual written authorization procedure enabling property owners to participate in the snow removal program and any fees that may be charged. A governing body may adopt rules governing operations, including storm parameters that will trigger the plowing of private roads and driveways and any other operational issues that it may deem appropriate.
III. The granting of snow removal authority as provided in this section, and any exercise of such authority by the municipality, shall not constitute acceptance of any private road or driveway as a municipal highway and shall not affect any other operation of law.
IV. A legislative body’s vote to expend funds pursuant to this section shall be considered an appropriation for a public purpose.
2 New Subparagraph; Decertification. Amend RSA 273-A:10, VI by inserting after subparagraph (c) the following new subparagraph:
(d) If the dues-paying membership of an employee organization is less than the number of employees needed to certify a bargaining unit, and such number is less than 50 percent of the number of positions comprising the bargaining unit, a secret ballot election may be requested by the board of the public employer to determine whether or not certification of the employee organization shall remain in effect. If such request is made, the cost of holding the secret ballot election shall be borne by the public employer, though the cost of promotional materials shall be borne by the respective parties. If the result of the secret ballot election results in the continuation of certification of the employee organization, no subsequent request shall be made by the board of the public employer for one year.
3 Effective Date. This act shall take effect 60 days after its passage.