HB 422 – AS INTRODUCED
2013 SESSION
08/03
HOUSE BILL 422
AN ACT relative to the adoption, revision, and amendment of municipal charters.
SPONSORS: Rep. F. Rice, Rock 21; Rep. Emerick, Rock 21; Rep. Cushing, Rock 21; Rep. Muns, Rock 21; Sen. Stiles, Dist 24
COMMITTEE: Municipal and County Government
This bill revises the process for the adoption, revision, and amendment of municipal charters.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0557
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the adoption, revision, and amendment of municipal charters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Procedures for Submitting Question of Establishing Charter Commission to Voters. RSA 49-B:3 through RSA 49-B:6 are repealed and reenacted to read as follows:
Adoption of Municipal Charter
49-B:3 Procedures for Submitting Question of Establishing Charter Commission to Voters.
I. The municipal officers may determine that adoption of a new municipal charter is necessary and, by order, submit the question of establishment of a charter commission to the voters as provided in this section; or
II. On the written petition of 25 or more registered voters or 2 percent of the registered voters in the municipality, whichever is less, but in no event fewer than 10 registered voters, the municipal officers shall, by order, submit the question of establishment of a charter commission to the voters as provided in this section. The petition shall read substantially as follows: “Each of the undersigned voters requests the municipal officers to submit to the voters, at the next municipal election, the question of establishment of a charter commission to draft a new municipal charter.” The petition shall be submitted to the municipal officers by the date indicated below:
(a) For a town with its annual meeting in March, on or before December 15 of the preceding year.
(b) For a town with its annual meeting in April, on or before January 15 of the same year.
(c) For a town with its annual meeting in May, on or before February 15 of the same year.
(d) For a municipality with its regular elections in November, on or before August 15 of the same year.
(e) For any other municipality, at least 90 days before the municipality’s regular election.
In the case of a municipality with biennial elections, if the petition is submitted during a year in which there are no municipal elections, it shall be submitted on or before August 15 preceding the biennial state election.
III. Upon receipt of a petition under paragraph II, the municipal officers shall by order submit the question for establishment of a charter commission, and the election of members thereof, to the voters at the next regular municipal election. In the case of an order adopted under paragraph I, the municipal officers shall by order submit the question of establishment of the commission and the election of members thereof to the voters at the next regular municipal election that is held not less than 60 days after the date of the order. In the case of municipalities with biennial elections, the question shall be submitted and the election of commission members shall occur at either the next regular municipal election or the next regular state biennial election, whichever occurs first, that is held not less than 60 days after the date of the order; provided, however, that no such question shall be submitted at a state biennial election if there is a national presidential election at the same time. If the question would otherwise be submitted at a state biennial election when a president is being elected, the municipal officers may order the question submitted at the next regular municipal election following the presidential election, or they may order it submitted at a special election to be held at least 60 days and not more than 90 days after the presidential election.
IV. The question to be submitted to the voters shall be in substance as follows:
“Shall a charter commission be established for the purpose of establishing a new municipal charter?”
V. Immediately after the foregoing question, the names of the candidates for the charter commission shall be presented in accordance with RSA 49-B:4, I, together with a statement in substance as follows:
“If a majority of voters answer ‘yes’ to the preceding question, a charter commission shall be elected from among the following candidates. Regardless of how you voted on the preceding question, you should vote for candidates for the commission. Vote for not more than 9 candidates.”
VI. If the purpose of the charter commission is to consider establishment of official ballot voting under the current form of government, no other issues shall be addressed by the charter commission, and the question on the establishment of a charter commission to be submitted to the voters shall be in substance as follows:
“Shall a charter commission be established for the sole purpose of establishing official ballot voting under the current form of government?”
49-B:4 Charter Commission; Membership; Procedure; Preliminary Report.
I. The charter commission shall consist of 9 members, all of whom shall be registered voters of the municipality. Members shall be elected at the municipal or biennial state election described in RSA 49-B:3, III in the same manner as the municipal officers except that they shall be elected at large and without party designation. Declarations of candidacy for the commission shall be filed in the manner and during the period specified in RSA 669:19.
II. Within 5 days after the deadline under RSA 40:4-c for a recount of a vote confirming the establishment of a charter commission, the municipal clerk shall notify those elected to the charter commission of the date, time, and place of the organizational meeting of the charter commission. However, if a recount is requested either as to the establishment of the commission or as to the election of any person or persons to the commission, such notice shall be given within 5 days after the last recount is completed. The date, time, and place of the organizational meeting shall be fixed by the clerk. The date shall be at least 7 days and not more than 14 days after the date of the notice. The charter commission shall organize by electing from its members a chairperson, a vice chairperson and a secretary and shall file notice thereof with the municipal clerk. Vacancies occurring on the commission shall be filled by vote of the commission from the voters of the municipality. Members shall serve without compensation but shall be reimbursed from the commission’s account for expenses lawfully incurred by them in the performance of their duties.
III. The charter commission may adopt rules and regulations governing the conduct of its meetings and proceedings and may employ such legal, research, clerical, or other employees and consultants as are deemed necessary within the limits of its budget.
IV.(a) A municipality shall provide its charter commission, free of charge, with suitable office space and with reasonable access to facilities for holding public hearings, may contribute clerical and other assistance to such commission, and shall permit it to consult with and obtain advice and information from municipal officers, officials, and employees during ordinary business hours. The municipal officers shall credit to the charter commission’s account a sum of at least $100. A municipality may appropriate additional funds to the charter commission account. Such funds may be raised by taxation, borrowed, or transferred from surplus.
(b) In addition to funds made available by a municipality, the charter commission account may receive funds from any other source, public or private, provided, that no contribution of more than $50 shall be accepted from any source other than the municipality unless the name and address of the person or agency making the contribution and the amount of the contribution are disclosed in writing filed with the clerk. Within 30 days after submission of its final report the charter commission shall file with the clerk a complete account of all its receipts and expenditures for public inspection. Any balance remaining in its account shall be credited to the municipality’s surplus account.
V. Before issuing its preliminary report, the charter commission shall hold at least 2 public hearings, scheduled at its discretion. At least one of such hearings shall be for the purpose of receiving information, views, comments, and other pertinent material relative to its functions and at least one shall be for the purpose of explaining, in general terms, its proposed preliminary report and receiving comments on its proposal. The commission may, but is not required to, provide a draft of its preliminary report at the latter hearing. Notice of each such hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation in the municipality at least 7 days before the date of the meeting.
VI.(a) The charter commission shall file with the municipal clerk a preliminary report including the text of the charter which the commission intends shall be submitted to the voters and any explanatory information the commission deems desirable, and shall provide sufficient copies of the preliminary report to the municipal clerk to permit its distribution to each voter requesting it.
(b) The preliminary report shall include a written opinion by an attorney admitted to the bar of this state that the proposed charter is not in conflict with the constitution or the general laws. The filing of the preliminary report shall be accomplished by the date indicated below:
(1) If the charter commission was elected in a town with its annual meeting in March, on or before October 20 of the same year.
(2) If the charter commission was elected in a town with its annual meeting in April, on or before November 20 of the same year.
(3) If the charter commission was elected in a town with its annual meeting in May, on or before December 20 of the same year.
(4) If the charter commission was elected at a biennial municipal or state election in November, on or before June 20 of the following year.
(5) If the charter commission was elected at a special election, or at any election in a municipality not described in subparagraph (b)(1), (2), (3), or (4), within 225 days after its election.
(c) Upon receipt of the preliminary report, the municipal clerk shall, except as provided in paragraph VII, file a certified copy with the appropriate state officials as provided in RSA 49-B:4-a.
VII. The commission may recommend, in either its preliminary or its final report, that no new charter be adopted. If the commission makes such a recommendation in its preliminary report, the preliminary report shall be deemed a final report and shall not be submitted to the state officials for review under RSA 49-B:4-a. If the commission makes such a recommendation in either the preliminary or final report, no charter question shall be placed on the municipal ballot, and the commission shall take no further action except to wind up its affairs within 60 days after the submission of its report.
49-B:4-a Review and Approval by State Departments.
I. Within 30 days after the filing of the preliminary report relative to any new municipal charter, the municipal clerk shall file a certified copy of the report, together with the written legal opinion, with the secretary of state, the attorney general, and the commissioner of the department of revenue administration. Within 60 days after the receipt of the report by the secretary of state, attorney general, and commissioner of the department of revenue administration, they shall review the proposed charter to insure that it is consistent with the general laws of this state, and shall give notice to the municipal clerk approving or disapproving the proposed charter.
II. If the secretary of state, the attorney general, or the commissioner of the department of revenue administration does not approve, the proposed charter question shall not be placed on the municipal ballot unless the objections to the proposed charter are resolved as provided in this section. The secretary of state, attorney general and commissioner of the department of revenue administration shall specify their objections in writing to the municipal clerk within the period of time allowed for review and shall offer recommendations for changes in language which would correct any inconsistencies they may find in the proposed charter to be voted upon. Failure to specify objections to a proposed charter within 60 days shall constitute approval by the secretary of state, attorney general, or the commissioner of the department of revenue administration.
III. Upon receiving notice of such objections, the charter commission may make such changes as appear necessary and resubmit the proposed charter within 30 days to the official or officials who raised the objections. Such officials shall thereafter make reasonable efforts to review the changes and provide notice of approval or disapproval to the municipal clerk in time to enable the charter commission to file its final report by the deadline stated in RSA 49-B:4-b.
IV. The governing body of the municipality may seek judicial review of a decision of the secretary of state, attorney general, or the commissioner of the department of revenue administration by appeal in superior court, pursuant to RSA 49-B:10, IV.
49-B:4-b Final Report.
I. Upon approval from the secretary of state, attorney general, and commissioner of the department of revenue administration under RSA 49-B:4-a, the charter commission shall submit to the municipal officers its final report, which shall include the full text and explanation of the proposed new charter, such comments as the commission deems desirable, an indication of the major differences between the current form of government and the proposed charter, and a written opinion by an attorney admitted to the bar of this state that the proposed charter is not in conflict with the constitution or the general laws. Minority reports, if filed, shall not exceed 1,000 words. The submission of the final report and minority reports, if any, shall be accomplished within 30 days of receipt of the approval of the secretary of state, attorney general, and commissioner of the department of revenue administration.
II. Upon the submission of the final report, the municipal officers shall order the proposed new charter to be submitted to the voters at the next municipal election after the filing of the final report, unless the final report recommends that no charter be adopted, as provided in RSA 49-B:4, VII. In the case of municipalities with biennial elections, the charter shall be submitted to the voters at the next regular municipal election or at the next biennial state election, whichever is earlier, so long as such election is held at least 45 days after the filing of the final report. If the next regular election is less than 45 days after the filing of the report, the charter shall be submitted at the following regular election. Notwithstanding the foregoing provisions, in no event shall the charter be submitted at a biennial state election if there is a national presidential election at the same time. In such event, the charter shall be submitted at the next regular municipal election following the presidential election, or the municipal officers may schedule a special election to be held at least 60 days and not more than 90 days after the presidential election.
III. Except as provided in RSA 49-B:4-c, the charter commission shall continue in existence for 60 days after submission of its final report to the municipal officers, or until the date of the election at which the charter is voted upon, whichever is later, for the purpose of winding up its affairs.
49-B:4-c Continuation of Charter Commission.
I. If the charter commission is unable to obtain approval pursuant to RSA 49-B:4-a in time to submit its final report by the date established in RSA 49-B:4-b, or otherwise does not complete its preliminary or final report in accordance with the schedule established in this subdivision, it shall continue in existence for another year. Subject to paragraph II, if the commission’s existence continues, any requirements of RSA 49-B:4, V and VI, RSA 49-B:4-a, and RSA 49-B:4-b that have not previously been satisfied shall apply as if the commission had been elected in the second year.
II. If the charter commission is continued as provided in paragraph I, the charter commission may, in its discretion, submit the charter to the voters at the next biennial state election instead of the next municipal election if the state election is held before the next municipal election. Submission at the biennial state election shall be permitted only if the following requirements are satisfied:
(a) If a preliminary report has not previously been filed with the secretary of state, the attorney general, and the commissioner of the department of revenue administration under RSA 49-B:4-a;
(b) If a preliminary report is filed in accordance with subparagraph (a), the provisions of RSA 49-B:4-a shall apply; and
(c) If a final report has not previously been submitted in accordance with RSA 49-B:4-b, a final report conforming to the requirements of RSA 49-B:4-b, I shall be submitted on or before September 15 preceding the state election.
IV. A charter commission shall not be extended beyond a second year of existence.
Revision of Municipal Charter
49-B:4-d Definition of Revision.
I. For purposes of this chapter, a “revision” to a municipal charter shall mean any change to an existing charter that results in a change in the municipality’s form of government to any of the following forms:
(a) Traditional town meeting.
(b) Official ballot town meeting.
(c) Town council.
(d) Official ballot town council.
(e) Budgetary town meeting.
(f) Representative town meeting.
(g) City under mayor-alderman plan.
(h) City under council-manager plan.
(i) Any other form hereafter expressly authorized by statute.
II. When a revision to a charter is proposed, any change to the charter that is proposed in connection with the revision shall be deemed a part of the revision, even though such change would not constitute a revision by itself.
49-B:4-e Procedure for Revising Charter.
I. The municipal officers may determine that a revision of the municipal charter is necessary and, by order, submit the question of establishment of a commission to revise the charter to the voters, in the same manner as provided for the establishment of a charter commission under RSA 49-B:3; or
II. On the written petition of 25 registered voters from the municipality, the municipal officers shall, by order, submit the question of establishment of a commission to revise the charter to the voters as provided in this section. The petition shall read substantially as follows: “Each of the undersigned voters requests the municipal officers to submit to the voters, at the next municipal election, the question of establishment of a charter commission to draft a revision to the municipal charter.” The petition shall be submitted on or before the date indicated for a petition under RSA?49-B:3, II.
III. The establishment of a commission to revise the charter, the membership of the commission, and the procedures of the commission shall in all respects be the same as for a commission to draft a new charter under RSA 49-B:3, RSA 49-B:4, RSA 49-B:4-a, and RSA 49-B:4-b, including all dates and time periods thereunder, except that the following question shall be substituted for the question specified in RSA 49-B:3, IV:
“Shall a charter commission be established for the purpose of revising the municipal charter?”
IV. If a commission that has been elected to revise the charter determines that no revision, as defined in RSA 49-B:4-d, is required, but determines that one or more amendments to the charter are required, it may propose such amendments, and the procedures described in this section shall apply in the same manner as if the commission were proposing a revision.
V. A commission to revise the charter shall not be continued under RSA 49-B:4-c.
Amendment of Municipal Charter
49-B:4-f Definition of Amendment. For purposes of this chapter, an “amendment” to a municipal charter shall mean any change to an existing charter that does not constitute a revision under RSA?49-B:4-d.
49-B:5 Charter Amendments, Procedure.
I. The municipal officers may determine that one or more amendments to the municipal charter are necessary and, by order, provide for notice and hearing on them in the same manner as provided in RSA 49-B:5, IV(a). Within 7 days after the hearing, the municipal clerk shall file the proposed amendment with the secretary of state, the attorney general, and the commissioner of revenue administration as provided in RSA 49-B:5, IV(b). Within 15 days after receiving approval from such officials, the municipal officers may order the proposed amendment to be placed on a ballot at the next regular municipal election. In the case of municipalities with biennial elections, the municipal officers may order amendments to be placed on the ballot at either the next regular municipal election or the next state biennial election, whichever occurs earlier, that occurs not less than 60 days after the order; provided, however, that the amendments shall not be submitted at a biennial state election if there is a national presidential election at the same time. In such event, the amendments shall be submitted at the next regular municipal election following the presidential election, or the municipal officers may schedule a special election to be held at least 60 days and not more than 90 days after the presidential election.
II. On the written petition of at least 10 percent of registered voters in the municipality, but in no case fewer than 10 voters, the municipal officers shall, by order, provide that proposed amendments to the municipal charter be placed on a ballot in accordance with the procedures set out below:
(a) Each amendment shall be limited to a single subject but more than one section of the charter may be amended as long as it is germane to that subject.
(b) Alternative statements of a single amendment are prohibited.
III. The petition forms shall read substantially as follows: “Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment of the municipal charter as set out below.” If more than one subject is included in a petition, each subject shall be addressed in a separate amendment. The petition shall also designate 5 registered voters in the municipality, each of whom shall have signed the petition, to serve as a petitioners’ committee for the purposes specified in this section, and shall designate one of the committee members as the person to receive all notices and other communications for the committee. Upon receipt of such a petition, the municipal officers shall present it to the municipal clerk, who shall, within 20 days, determine its sufficiency and issue a report thereon to the municipal officers.
IV.(a) Within 10 days of receipt of a report that a petition is sufficient, the municipal officers shall by order provide for a public hearing on the proposed amendment. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. The hearing shall be conducted by the municipal officers or a committee appointed by them; provided that in the case of an amendment submitted by voter petition, the hearing shall be conducted by the municipal officers. If, as a result of the public hearing, substantive changes are made to the proposed amendment, a second hearing shall be held. Notice of the hearing and the conduct thereof shall be as provided in this section.
(b) Within 7 days after the last public hearing, the municipal officers or the committee appointed by them, or in the case of an amendment submitted by voter petition, the petitioners’ committee, shall file with the municipal clerk a report containing the final draft of the proposed amendment and a written opinion by an attorney admitted to the bar of this state that the proposed amendment is not in conflict with the general laws or the constitution. In the case of a committee report, a copy shall be filed with the municipal officers. At the same time, the municipal officers or the appointed or petitioners’ committee shall file the amendment and opinion with the secretary of state, the attorney general, and the commissioner of the department of revenue administration. Upon such filing, the provisions of RSA 49-B:4-a shall apply in the same manner as for a charter adoption; provided, however, that the municipal officers or the appointed or petitioners’ committee shall be substituted for the charter commission for purposes of RSA 49-B:4-a, III.
(c) Within 7 days after the approval by the secretary of state, the attorney general, and the commissioner of the department of revenue administration, the municipal officers shall order the proposed amendment to be placed on the ballot at the next regular municipal election. In the case of municipalities with biennial elections, the municipal officers shall order the amendments to be placed on the ballot at either the next regular municipal election or the next state biennial election, whichever occurs earlier, that occurs not less than 60 days after the date of the order; provided, however, that the amendments shall not be submitted at a biennial state election if there is a national presidential election at the same time. In such event, the amendments shall be submitted at the next regular municipal election following the presidential election, or the municipal officers may schedule a special election to be held at least 60 days and not more than 90 days after the presidential election.
General Provisions Applicable to Charter Actions
49-B:6 Submission to Voters. The method of voting at municipal elections when a question relating to a charter revision, a charter adoption, or a charter amendment is involved shall be in the manner prescribed for municipal elections. In a town, the question shall appear on the ballot before any other questions except the election of officers. In a city, the question shall appear in the order determined by the city clerk.
I. In the case of a charter revision or a charter adoption the question to be submitted to the voters shall include a summary prepared by the charter commission which explains both the current form of government used by the municipality and the changes in that form of government which will occur if the charter revision or charter is approved by the voters. The question to be submitted to the voters shall be in substance as follows:
“Shall the municipality approve the (charter revision) (new charter) recommended by the charter commission?”
II. In the case of one or more charter amendments, each amendment shall be voted upon separately and the question to be submitted to the voters on each amendment shall be in substance as follows:
“Shall the municipality approve the charter amendment reprinted (summarized) below?” Each such question shall be followed by the text or a summary of the amendment.
III.(a) In the case of a charter revision or charter adoption, at least 2 weeks prior to the date of the election the municipal officers shall cause the final report of the charter commission to be printed, shall make copies available to the voters in the clerk’s office, and shall post the report in the same manner that proposed ordinances are posted.
(b) In the case of one or more charter amendments, at least 2 weeks prior to the date of the election, the municipal officers shall cause the proposed amendment and any summary thereof to be printed, shall make copies available to the voters in the clerk’s office, and shall post the amendment and any summary thereof in the same manner that proposed ordinances are posted.
IV. If a majority of the ballots cast on any question under paragraph I or II favor acceptance, the new charter, charter revision, or charter amendment shall become effective as provided in subparagraph (a) or (b).
(a) Charter revisions, new charters, or repeals of charters adopted by the voters shall become effective immediately for the purpose of conducting necessary elections; otherwise charter revisions, new charters, and repeals of charters shall become effective on the first day of the next succeeding municipal year or as specified in any transition provisions of the charter.
(b) Charter amendments adopted by the voters shall become effective on the first day of the next succeeding municipal year or on a date determined by the municipal officers, whichever occurs first.
2 Authorizing Large Bonds. Amend RSA 33:8-a, II to read as follows:
II. All articles appearing in the warrant which propose a bond or note issue exceeding $100,000 shall appear in consecutive numerical order and shall be acted upon prior to other business except the election of officers, action on the adoption, revision, or amendment of a municipal charter, and zoning matters or as otherwise determined by the voters at the meeting. Polls shall remain open and ballots shall be accepted by the moderator on each such article, for a period of not less than one hour following the completion of discussion on each respective article. A separate ballot box shall be provided for each bond article to be voted upon pursuant to this section.
3 Reference Change. Amend RSA 49-B:10, V to read as follows:
IV. Any municipality aggrieved by the decision of the secretary of state, the attorney general, or the commissioner of the department of revenue administration under RSA [49-B:5-a] 49-B:4-a may seek review by way of appeal in superior court to determine the lawfulness of the [secretary’s] decision. The clerk shall schedule a hearing on any such appeal within 10 days of the filing of such petition.
4 Effective Date. This act shall take effect 60 days after its passage.