SB 59 - AS INTRODUCED
2015 SESSION
10/08
SENATE BILL 59
AN ACT relative to the removal of county officers and temporary filling of the office.
SPONSORS: Sen. Carson, Dist 14; Sen. Stiles, Dist 24; Sen. Reagan, Dist 17; Rep. Weyler, Rock?13; Rep. Major, Rock 14; Rep. Welch, Rock 13; Rep. M. Griffin, Rock 7
This bill allows the county convention, upon a petition initiated by the county commissioner, the county attorney or a superior court judge, to remove a county officer for official misconduct. The bill also allows the county convention to temporarily appoint a person for a county office.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0500
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to the removal of county officers and temporary filling of the office.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 County Officers; Misconduct; Removal by County Convention. Amend RSA 661:9, III and IV to read as follows:
III. If any person holding a county office enumerated in paragraph I or II becomes temporarily absent or incapacitated, the [superior court] county convention may, upon application of the county attorney or county commissioners, declare a temporary absence and fill the same for a limited period of time expressed in the appointment.
IV. Any officer of a county, including the register of probate, may be removed by the [superior court] county convention for official misconduct. Any removal under this paragraph shall be initiated by petition of a majority of the county commissioners, of the county attorney, or of a superior court judge. No officer of a county may be removed without notice of the allegations supporting the petition for removal and an opportunity to be heard by the county convention.
2 Counties; Exceeding Appropriations; Reference to Removal. Amend RSA 24:16 to read as follows:
24:16 Penalty. Any violation of the provisions of [the previous section] RSA 24:15 or of provisions of RSA 29:8 shall subject the person or persons so violating to the provisions of RSA 661:9, providing for removal from office. A petition of 5 resident taxpayers of the county may be made to the [superior court] the county commissioners, the county attorney, or a superior court judge for such removal or for removal for official misconduct.
3 Effective Date. This act shall take effect 60 days after its passage.