HB 1375 - AS AMENDED BY THE SENATE
05/12/2016 1848s
2016 SESSION
\t16-2624
\t06/10
HOUSE BILL\t1375
AN ACT\trelative to deliberative sessions in political subdivisions that have adopted official ballot voting.
SPONSORS:\tRep. Ammon, Hills. 40; Rep. Hoelzel, Rock. 3; Rep. J. Belanger, Hills. 27; Sen. Stiles, Dist 24
COMMITTEE:\tMunicipal and County Government
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AMENDED ANALYSIS
\tThis bill permits political subdivisions that have adopted official ballot voting to prohibit amendments to the operating budget at the deliberative session of the annual meeting, or to eliminate the deliberative session of the annual meeting.
\tThis bill also permits the legislative body to require the default budget to be placed on the ballot at the second session of the annual meeting as a separate contingent warrant article.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/12/2016 1848s\t16-2624
\t06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to deliberative sessions in political subdivisions that have adopted official ballot voting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Official Ballot Referendum Town Meeting; Elimination of or Limitation on First Session. Amend RSA 40:13, II-IV to read as follows:
\t\tII. The warrant for any annual meeting shall prescribe the place, day and hour for each of 2 separate sessions of the meeting, and notice shall be given as otherwise provided in this section. Final budgets and ballot questions shall be printed in the annual report made available to the legislative body at least one week before the date of the second session of the annual meeting. If the local political subdivision has voted to eliminate the first session of the annual meeting under RSA 40:14, XII, the meeting shall consist of a single session to elect officers and to vote by official ballot on all warrant articles, and all references in this section to the "second session" shall be deemed to refer to that single session.
\t\tII-a. Notwithstanding any other provision of law, and subject to paragraph II-e, all local political subdivisions which adopt this subdivision, who have not adopted an April or May election date under RSA 40:14, X, shall comply with the following schedule pertaining to notice, petitioned articles, hearings, and warrants for the annual meeting:
\t\t\t(a) The final date for posting notice of budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be the second Tuesday in January.
\t\t\t(b) The "budget submission date'' as defined in RSA 273-A:1, III and the final date for submission of petitioned articles under RSA 39:3 and RSA 197:6 shall be the second Tuesday in January, provided however, that if a petitioned article proposes a bond governed by RSA 33:8-a, the deadline shall be the preceding Friday.
\t\t\t(c) Budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be held on or before the third Tuesday in January. One or more supplemental budget hearings may be held at any time before the first session of the annual meeting, subject to the 7-day notice requirement in RSA 32:5. If the first hearing or any supplemental hearing is recessed to a later date or time, additional notice shall not be required for a supplemental session if the date, time, and place of the supplemental session are made known at the original hearing. In a political subdivision that has adopted a municipal budget committee pursuant to RSA 32:14, the last day for the budget committee to deliver copies of the final budget and recommendations to the governing body pursuant to RSA 32:16, IV shall be the Thursday before the last Monday in January.
\t\t\t(d) Warrants under RSA 39:5 and RSA 197:7 and budgets shall be posted and copies available to the general public on or before the last Monday in January.
\t\tII-b. Notwithstanding any other provision of law, and subject to paragraph II-e, all political subdivisions which hold their annual meetings in April shall comply with the following schedule pertaining to notice, petitioned articles, hearings, and warrants for the annual meeting.
\t\t\t(a) The final date for posting notice of budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be the second Tuesday in February.
\t\t\t(b) The "budget submission date'' as defined in RSA 273-A:1, III and the final date for submission of petitioned articles under RSA 39:3 and RSA 197:6 shall be the second Tuesday in February, provided however, that if a petitioned article proposes a bond governed by RSA 33:8-a, the deadline shall be the preceding Friday.
\t\t\t(c) Budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be held on or before the third Tuesday in February. One or more supplemental budget hearings may be held at any time before the first session of the annual meeting, subject to the 7-day notice requirement in RSA 32:5. If the first hearing or any supplemental hearing is recessed to a later date or time, additional notice shall not be required for a supplemental session if the date, time, and place of the supplemental session are made known at the original hearing. In a political subdivision that has adopted a municipal budget committee pursuant to RSA 32:14, the last day for the budget committee to deliver copies of the final budget and recommendations to the governing body pursuant to RSA 32:16, IV shall be the Thursday before the last Monday in February.
\t\t\t(d) Warrants under RSA 39:5 and RSA 197:7 and budgets shall be posted and copies available to the general public on or before the last Monday in February.
\t\tII-c. Notwithstanding any other provision of law, and subject to paragraph II-e, all political subdivisions which hold their annual meetings in May shall comply with the following schedule pertaining to notice, petitioned articles, hearings, and warrants for the annual meeting:
\t\t\t(a) The final date for posting notice of budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be the second Tuesday in March.
\t\t\t(b) The "budget submission date'' as defined in RSA 273-A:1, III and the final date for submission of petitioned articles under RSA 39:3 and RSA 197:6 shall be the second Tuesday in March, provided however, that if a petitioned article proposes a bond governed by RSA 33:8-a, the deadline shall be the preceding Friday.
\t\t\t(c) Budget hearings under RSA 32:5 and RSA 195:12 and hearings under RSA 33:8-a shall be held on or before the third Tuesday in March. One or more supplemental budget hearings may be held at any time before the first session of the annual meeting, subject to the 7-day notice requirement in RSA 32:5. If the first hearing or any supplemental hearing is recessed to a later date or time, additional notice shall not be required for a supplemental session if the date, time, and place of the supplemental session are made known at the original hearing. In a political subdivision that has adopted a municipal budget committee pursuant to RSA 32:14, the last day for the budget committee to deliver copies of the final budget and recommendations to the governing body pursuant to RSA 32:16, IV shall be the Thursday before the last Monday in March.
\t\t\t(d) Warrants under RSA 39:5 and RSA 197:7 and budgets shall be posted and copies available to the general public on or before the last Monday in March.
\t\tII-d. The voter checklist shall be updated in accordance with RSA 669:5 for each session of the annual meeting.
\t\tII-e. Paragraphs II-a, II-b, and II-c shall not apply in a local political subdivision that has voted to eliminate the first session of the annual meeting under RSA 40:14, XII.
\t\tIII. The first session of the annual meeting, which shall be for the transaction of all business other than voting by official ballot, shall be held between the first and second Saturdays following the last Monday in January, inclusive of those Saturdays; between the first and second Saturdays following the last Monday in February, inclusive of those Saturdays; or between the first and second Saturdays following the last Monday in March, inclusive of those Saturdays at a time prescribed by the local political subdivision's governing body. This paragraph and paragraph IV shall not apply in a local political subdivision that has voted to eliminate the first session of the annual meeting under RSA 40:14, XII.
\t\tIV. The first session of the meeting, governed by the provisions of RSA 40:4, 40:4-a, 40:4-b, 40:4-f, and 40:6-40:10, shall consist of explanation, discussion, and debate of each warrant article. A vote to restrict reconsideration shall be deemed to prohibit any further action on the restricted article until the second session, and RSA 40:10, II shall not apply. Warrant articles may be amended at the first session, subject to the following limitations:
\t\t\t(a) Warrant articles whose wording is prescribed by law shall not be amended.
\t\t\t(b) Warrant articles that are amended shall be placed on the official ballot for a final vote on the main motion, as amended.
\t\t\t(c) No warrant article shall be amended to eliminate the subject matter of the article. An amendment that changes the dollar amount of an appropriation in a warrant article shall not be deemed to violate this subparagraph.
\t\t\t(d) The operating budget, as defined in paragraph IX, shall not be amended if the local political subdivision has voted to prohibit amendment of the operating budget under RSA 40:14, XII.
\t2 New Paragraph; Official Ballot Referendum Town Meeting; Elimination of or Limitation on First Session. Amend RSA 40:13 by inserting after paragraph VI the following new paragraph:
\t\tVI-a. If the local political subdivision has voted to eliminate the first session of the annual meeting under RSA 40:14, XII, the governing body shall hold a hearing on all warrant articles that are not the subject of a required hearing under other provisions of applicable law. The hearing shall be held not later than 25 days before the date prescribed for voting in paragraph VII. Notice of the hearing shall be posted in 2 public places at least 7 days before the hearing.
\t3 Official Ballot Referendum Town Meeting; Elimination of or Limitation on First Session. Amend RSA 40:13, X, to read as follows:
\t\tX. If no operating budget article is adopted, the local political subdivision either shall be deemed to have approved the default budget or the governing body may hold a special meeting pursuant to paragraph [XVI] XVI-a to take up the issue of a revised operating budget only; provided that RSA 31:5 and RSA 197:3 shall not apply to such a special meeting. If no operating budget article is adopted the estimated revenues shall nevertheless be deemed to have been approved.
\t4 Official Ballot Referendum Town Meeting; Elimination of or Limitation on First Session. Amend RSA 40:13, XVI to read as follows:
\t\tXVI. Except as provided in paragraph XVI-a, the warrant for any special meeting shall prescribe the date, place and hour for both a first and second session. The second session shall be warned for a date not fewer than 28 days nor more than 60 days following the first session. The first and second sessions shall conform to the provisions of this subdivision pertaining to the first and second sessions of annual meetings. Special meetings shall be subject to RSA 31:5, 39:3, 195:13, 197:2, and 197:3, provided that no more than one special meeting may be held to raise and appropriate money for the same question or issue in any one calendar year or fiscal year, whichever applies, and further provided that any special meeting held pursuant to paragraphs X and XI shall not be subject to RSA 31:5 and RSA 197:3 and shall not be counted toward the number of special meetings which may be held in a given calendar or fiscal year.
\t\tXVI-a. If the governing body elects to hold a special meeting to take up the issue of a revised operating budget as provided in paragraph X, the special meeting shall not be conducted in the manner provided in this section, but shall consist of a single open session conducted in the manner of a special meeting under other provisions of law applicable to such meetings.
\t5 New Paragraphs; Official Ballot Referendum Town Meeting; Local Option Procedure to Eliminate or Limit First Session. Amend RSA 40:14 by inserting after paragraph XI the following new paragraphs:
\t\tXII. Any local political subdivision that has adopted RSA 40:13 may vote either to prohibit amendment of the operating budget at the first session of the annual meeting or to eliminate the first session of the annual meeting and conduct all business of the annual meeting by official ballot under RSA 40:13, VII, subject in either case to the following:
\t\t\t(a) The question shall be placed on the warrant of the annual meeting and voted on as provided in paragraph III, and subject to the provisions of paragraph IV.
\t\t\t(b) The wording of the question shall be either of the following, as applicable:
\t\t\t\t(1) "Shall we prohibit amendment of the operating budget at the first (deliberative) session of the annual meeting?"; or
\t\t\t\t(2) "Shall we eliminate the first (deliberative) session of the annual meeting and conduct all business of the annual meeting by official ballot?"
\t\t\t(c) A 3/5 majority of those voting on the question shall be required to approve the question. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.
\t\t\t(d) If the question is approved, the change shall take effect within the local political subdivision at the next annual meeting.
\t\tXIII. Any local political subdivision that has voted to prohibit amendment of the operating budget or to eliminate the first session of the annual meeting under paragraph XII may consider rescinding its action in the manner described in paragraph XII. The wording of the question shall be either of the following, as applicable (i) "Shall we allow amendment of the operating budget at the first (deliberative) session of the annual meeting?" or (ii) "Shall we reinstate the first (deliberative) session of the annual meeting?" A 3/5 majority of those voting on the question shall be required to approve the question. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority. If the question is approved, the change shall take effect within the local political subdivision at the next annual meeting.
\t6 New Section; Use of Official Ballot; Contingent Warrant Article. Amend RSA 40 by inserting after section 13 the following new section:
\t40:13-a Contingent Warrant Article.
\t\tI. As an alternative to the provisions of RSA 40:13, X, the legislative body of the local political subdivision may, by a 3/5 majority of those voting on the question, require the default budget to be placed on the ballot at the second session of the annual meeting as a separate contingent warrant article in the event that the operating budget article is not adopted. Under this alternative, if the operating budget is adopted, the votes on the default budget article need not be counted, and the article shall be moot. If the operating budget is not adopted, the votes on the contingent default budget article shall be counted to determine whether the default budget is adopted. If neither the operating budget nor the default budget is adopted, the governing body shall call a special meeting in accordance with RSA 40:13, X and XVI-a to take up the issue of a revised operating budget only.
\t\tII. The question of adopting the alternative in this section shall be placed on the official ballot at an annual meeting by the governing body or by petition under RSA 39:3 or 197:6, and shall read substantially as follows:
\t“Shall (local political subdivision) adopt the provisions of RSA 40:13-a, requiring the default budget to be placed on the ballot as a separate contingent warrant article in the event that no operating budget article is adopted, and providing that the governing body shall call a special meeting to take up a revised operating budget in the event that neither the operating budget nor the default budget is adopted?”
\t\tIII. If the question is approved by a 3/5 majority of those voting on the question, the alternative shall be in effect beginning with the following year’s annual meeting. Only votes on the affirmative or negative shall be included in the calculation of the 3/5 majority. The legislative body may rescind its adoption of this section in the same manner.
\t\tIV. In political subdivisions that have adopted this section:
\t\t\t(a) The wording of the second session ballot question concerning the operating budget shall be as follows:
\t“Shall the (local political subdivision) raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth therein, totaling $________?”
\t\t\t(b) The wording of the second session contingent ballot question concerning the default budget shall be as follows:
\t“Shall the (local political subdivision), if article ___ is defeated, raise and appropriate as the default budget $ _________, which is the same as last year’s operating budget, with certain adjustments required by previous action of the (local political subdivision) or by law? Should this article be defeated, the governing body shall call one special meeting to take up the issue of a revised operating budget only.”
\t7 Effective Date. This act shall take effect upon its passage.