Bill Text - HB139 (2013)

Relative to the time towns that have adopted official ballot voting have to approve bonding in solid waste management districts.


Revision: March 15, 2013, midnight

HB 139 – AS AMENDED BY THE HOUSE

13Mar2013… 0219h

2013 SESSION

13-0288

06/04

HOUSE BILL 139

AN ACT relative to the time towns that have adopted official ballot voting have to approve bonding in solid waste management districts.

SPONSORS: Rep. Cushing, Rock 21; Rep. Muns, Rock 21; Rep. Andrews-Ahearn, Rock 37; Rep. F. Rice, Rock 21; Rep. Emerick, Rock 21; Sen. Stiles, Dist 24

COMMITTEE: Municipal and County Government

ANALYSIS

This bill extends the time towns that have adopted official ballot voting procedures have to:

I. Approve bonding in solid waste management districts; and

II. Withdraw from solid waste management districts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Mar2013… 0219h

13-0288

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the time towns that have adopted official ballot voting have to approve bonding in solid waste management districts.

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

1 Solid Waste Management Districts; Vote on Establishing District. Amend RSA 53-B:6, I to read as follows:

I. The governing bodies shall cause the question of accepting any proposed agreement to be presented for determination by vote of the respective legislative bodies. In municipalities that hold town meetings, the proposed agreement shall be voted on, in accordance with proper notice and procedure requirements, at the next annual town meeting or at a special town meeting called for this purpose. Voting at a town meeting may be by printed ballot or official ballot. In all other municipalities, the legislative bodies shall vote on the proposed agreement within 60 days of the governing bodies’ receiving the proposed agreement. The question to be voted on shall be: “Shall the (insert name of municipality) accept the provisions of RSA 53-B:1-RSA 53-B:14 providing for the establishment of a solid waste management district, together with the municipalities of _________________ in accordance with the provisions of the proposed agreement filed with the (insert appropriate office for governing body)?” Approval by a legislative body shall be by simple majority unless the agreement waives the [45-day] 120-day debt rejection period and authority set forth in RSA 53-B:7, VI, in which case approval must be by 2/3 vote. If all of the legislative bodies vote in the affirmative, the proposed solid waste management district shall thereby be established in accordance with the terms of the proposed agreement. Otherwise, the district shall not be established, except as specified in paragraph II.

2 Solid Waste Management Districts; Corporate Body; Powers. Amend RSA 53-B:7, VI(a) to read as follows:

(a) No debt may be incurred until [45] 120 days after it was authorized by the district committee to allow for rejection of the debt incurrence by member municipalities under subparagraph (c), unless the rejection period and authority have been waived in the district agreement.

3 Solid Waste Management Districts; Corporate Body; Powers. Amend RSA 53-B:7, VI(c) to read as follows:

(c) If, before the [45-day] 120 day period has passed, the legislative body of any member municipality votes to disapprove of the debt, it shall not be incurred. The provisions of RSA 31:5 shall not apply to actions by special town meetings under this paragraph. The provisions of RSA 32 and 33:8-a shall apply to actions by town meetings under this paragraph. A legislative body may disapprove the debt only if, under the terms and conditions of the district agreement, the municipality will incur obligations under RSA 53-B:7-c. After [60] 120 days the district committee may again authorize the incurrence of debt which shall be subject to the rejection conditions of subparagraphs (a) and (c). A municipality which votes to reject 2 successive debt incurrences shall be allowed to withdraw from the district in accordance with the provisions of this chapter and the district agreement. If the municipality has not withdrawn within [60] 120 days of the second debt rejection, the committee is authorized to incur the debt over the member municipality’s rejection.

4 Solid Waste Management Districts; Corporate Body; Powers. Amend RSA 53-B:7, XX(a) to read as follows:

(a) No long-term contract shall take effect until [45] 120 days after authorization by the district committee to allow for rejection of the proposed long-term contract by member municipalities under subparagraph (c), unless the rejection period and authority have been waived in the district agreement.

5 Solid Waste Management Districts; Corporate Body; Powers. Amend RSA 53-B:7, XX(c) to read as follows:

(c) If, before the [45-day] 120-day period has passed, the legislative body of any member municipality votes to disapprove of the long-term contract, it shall not be entered into. The provisions of RSA 31:5 shall not apply to action by special town meetings under this paragraph. A legislative body may disapprove the contract only if, under the terms and conditions of the district agreement, the municipality will incur obligations under RSA 53-B:7-c. After [60] 120 days the district committee may again authorize the long-term contract which shall be subject to the rejection conditions of subparagraphs (a) and (c). A municipality which votes to reject 2 successive long-term contracts shall be allowed to withdraw from the district in accordance with the provisions of this chapter and the district agreement. If the municipality has not withdrawn within [60] 120 days of the second contract rejection, the committee is authorized to enter into the long-term contract over the member municipality’s rejection.

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