HB1293 (2016) Detail

Relative to the procedure for charter amendments.


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CHAPTER 224

HB 1293 - FINAL VERSION

9Mar2016... 0453h

19May2016... 1980EBA

2016 SESSION

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\t06/10

 

HOUSE BILL\t1293

 

AN ACT\trelative to the procedure for charter amendments.

 

SPONSORS:\tRep. Cheney, Straf. 17; Rep. Gray, Straf. 8; Rep. Souza, Hills. 43; Rep. B. Griffin, Hills. 6; Rep. Ammon, Hills. 40; Rep. L. Ober, Hills. 37; Rep. Fraser, Belk. 1

 

COMMITTEE:\tMunicipal and County Government

 

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ANALYSIS

 

\tThis bill prohibits substantive changes to proposed charter amendments submitted by voter petition.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2016... 0453h

19May2016... 1980EBA\t16-2310

\t06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the procedure for charter amendments.

 

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

 

\t224:1  Municipal Charter Amendments; Procedures.  Amend RSA 49-B:5, I to read as follows:

\t\tI.  The municipal officers may determine that one or more amendments to the municipal charter are necessary and shall, by order, provide for notice and hearing on them [in the same manner as provided in RSA 49-B:5, V(a)].  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.  If substantive changes are made to the proposed amendment, a hearing on the modified amendment shall be held.  Notice of the hearing and the conduct thereof shall be as provided in this paragraph.

\t\t\t(a)  Within 7 days after the last public hearing, the municipal officers or the committee appointed by them shall file with the municipal clerk a report containing the proposed amendment.  In the case of a report of an appointed committee, a copy shall be filed with the municipal officers.

\t\t\t(b)  Within 7 days after receiving approval from the secretary of state, the attorney general, and the commissioner of the department of revenue administration under RSA 49-B:4-a, 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,] at a special municipal election that occurs not less than 60 days after the order.

\t\t\t[(a)] (c)  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.

\t\t\t[(b)] (d)  Alternative statements of a single amendment are prohibited.

\t224:2  Municipal Charter Amendments; Procedure.  Amend the introductory paragraph of RSA 49-B:5, II to read as follows:

\t\tII.  On the written petition of a number of voters equal to at least [20] 15 percent of the number of ballots cast in a municipality at the last regular municipal election, 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] in paragraphs II-a through V:

\t224:3  Charter Amendments; Procedure.  Amend RSA 49-B:5, II-a(b) and (c) to read as follows:

\t\t\t(b)  [The petitioners' committee, or voters of the municipality designated by the committee, may circulate the petition and file it in proper form.]  Each signature on the affidavit required by subparagraph II-a(a) shall be included in the clerk's count of the number of signatures required by paragraph II unless a signatory has signed both the affidavit and the petition, in which case the signature shall be counted only once.

\t\t\t(c)  Promptly after the affidavit is filed by the petitioners' committee, the clerk shall file a certified copy of the affidavit, including the proposed amendment, for review of the proposed amendment in accordance with RSA 49-B:4-a.  Promptly after receiving approval of the proposed amendment from the state officials under RSA 49-B:4-a, the clerk shall issue petition form blanks to the committee.  The petition forms shall read substantially as follows:  "Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment(s) 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".

\t224:4  Charter Amendments; Procedure.  Amend RSA 49-B:5, III(a) to read as follows:

\t\tIII.(a)  [The petition forms shall read substantially as follows: "Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment(s) 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 petitioners' committee, or voters of the municipality designated by the committee, may circulate the petition and file it in proper form.  Each signature affixed to a petition shall be in ink or other indelible instrument and shall be followed by the place of domicile of the voter with street and number, if any.  No petition shall contain any party or political designation.

\t224:5  Charter Amendments; Procedure.  Amend RSA 49-B:5, V to read as follows:

\t\tV.(a)  Within 10 days of receipt of a report that a petition is sufficient, the municipal officers shall by order provide for and issue notice of 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] and no substantive changes may be made to the amendment.  [Notice of the hearing and the conduct thereof shall be as provided in this section.]

\t\t\t(b)  Within 7 days after the [last] public hearing, the municipal officers [or the committee appointed by them] shall file with the municipal clerk a report containing the [final draft of the] proposed petitioned 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.  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 committee shall be substituted for the charter commission for purposes of RSA 49-B:4-a, III.

\t\t\t(c)  Within 7 days after the approval by the secretary of state, the attorney general and the commissioner of the department of revenue administration, or within 7 days after the last public hearing in the case of an amendment submitted by voter petition, the municipal officers] and 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 at a special municipal election that occurs not less than 60 days after the date of the order.

\t224:6  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 9, 2016

Effective Date: August 8, 2016