Revision: Dec. 14, 2015, midnight
\t \t\tHB 1375 - AS INTRODUCED
2016 SESSION
\t16-2624
\t06/10
HOUSE BILL\t1375
AN ACT\trelative to charter commissions for budgets in official ballot jurisdictions.
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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ANALYSIS
\tThis bill provides a procedure, in political subdivisions that have adopted official ballot voting, for establishing a charter commission for the sole purpose of adopting a charter to modify procedures for the consideration, amendment, and adoption of an operating or default budget.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2624
\t06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to charter commissions for budgets in official ballot jurisdictions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Procedures for Submitting Question of Establishing Charter Commission to Voters; Official Ballot Voting on Operating Budget. Amend RSA 49-B:3, V to read as follows:
\t\tV. Notwithstanding any other provision of this chapter, for the purposes of establishing a charter commission to amend or adopt a charter relative to official ballot town council under RSA 49-D:3, I-a, official ballot town meeting under RSA 49-D:3, II-a, budgetary official ballot village district meeting under RSA 52:2-a, or budgetary official ballot school district meeting under RSA 197:5-b only, the question of whether to establish a charter commission and the election of charter commission members shall be placed on the same ballot. No other issues shall be addressed by a charter commission established under this paragraph.
\t\t\t(a) Except as provided in subparagraph (b), the question on the establishment of a charter commission to be submitted to the voters shall be in substance as follows:
\t"Shall a charter commission be established for the sole purpose of establishing official ballot voting under the current form of government?''
\t\t\t(b) In a town, school district, or village district that has adopted the official ballot referendum form of meeting under RSA 40:13, if the purpose of the charter commission is to be limited to establishing a charter to modify the procedures for the consideration, amendment, and adoption of an operating and/or default budget under RSA 40:13, as provided in RSA 49-D:3, II-a(b), RSA 52:2-a, II, or RSA 197:5-b, II, the question to be submitted to the voters shall be in substance as follows:
\t"Shall a charter commission be established for the sole purpose of modifying the procedures for the consideration, amendment, and adoption of the operating budget under RSA 40:13?"
\t2 Optional Forms of Legislative Body. Amend RSA 49-D:3, II-a to read as follows:
\t\tII-a.(a) Official ballot town meeting shall be a variation of the open town meeting which provides for voting on some or all warrant articles, including part or all of the annual town operating budget, by official ballot. In such event, the open town meeting shall be vested only with the limited authority to vote on all matters not voted on by official ballot. When an official ballot town meeting is included in any charter, the provisions of general law relative to town meetings, their warning, the right for petitioned articles at such meetings, and the conduct of such meetings shall apply to the official ballot and open town meeting in all respects. The majority vote required to approve bonds or notes shall be either 2/3 or 3/5 as adopted and provided for in the charter. If a charter is silent with regard to such required majority, then the majority vote shall be 2/3. When a charter provides for an official ballot town meeting it shall also specify with precision the budgetary items to be included on the official ballot, a finalization process for the annual budget, the process for public hearings, debate, discussion, and amendment of questions to be placed on the official ballot, the procedures for the transfer of funds among various departments, funds, accounts, and agencies as may be necessary during the year, and the applicability of the official ballot procedure to special meetings. All voting by official ballot shall be in accordance with the procedures established in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours. Nonbudgetary items may be placed on the official ballot pursuant to this section notwithstanding the provisions of RSA 40:4-e and RSA 39:3-d.
\t\t\t(b) If a town has adopted the official ballot referendum form of town meeting under RSA 40:13, it may adopt an official ballot town meeting charter under subparagraph (a) for the limited purpose of modifying the procedures for the consideration, amendment, and adoption of an operating and/or default budget. The charter may establish any procedures designed to accomplish the adoption of an operating and/or default budget, if it provides for at least one session of the annual meeting for explanation, discussion, and debate of the proposed operating budget and at least one session to vote on the proposed budget by official ballot. Except for the procedures so adopted, all provisions of RSA 40:13 shall continue to apply.
\t3 Budgetary Official Ballot. Amend RSA 52:2-a to read as follows:
\t52:2-a Budgetary Official Ballot.
\t\tI. Notwithstanding any other provision of law, any village district may vote to raise and appropriate money for the support of the district by official ballot as provided for in RSA 49-D:3, II-a, by following the procedures set forth in RSA 49-B. The village district may also include within its charter a plan for voting by official ballot, pursuant to RSA 49-B and RSA 49-D, on such other warrant articles as the village district may determine. For the purposes of this section, all references in RSA 49-B and RSA 49-D to "municipal,'' "municipality,'' "city,'' and "town'' shall mean and include "village district,'' and all references to "elected body'' and "governing body'' shall mean and include "district commissioners.''
\t\tII. If a village district has adopted the official ballot referendum form of meeting under RSA 40:13, it may adopt a charter under RSA 49-D:3, II-a for the limited purpose of modifying the procedures for the consideration, amendment, and adoption of an operating and/or default budget. The charter may establish any procedures designed to accomplish the adoption of an operating and/or default budget, if it provides for at least one session of the annual meeting for explanation, discussion, and debate of the proposed operating budget and at least one session to vote on the proposed budget by official ballot. Except for the procedures so adopted, all provisions of RSA 40:13 shall continue to apply.
\t4 School Meetings; Budgetary Official Ballot. Amend RSA 197:5-b to read as follows:
\t197:5-b Budgetary Official Ballot.
\t\tI. Notwithstanding any other provision of law, any school district may vote to raise and appropriate money for the support of schools by official ballot as provided for in RSA 49-D:3, II-a by following the procedures set forth in RSA 49-B. The school district may also include within its charter a plan for voting by official ballot, pursuant to RSA 49-B and RSA 49-D, on such other warrant articles as the school district may determine. The membership of any charter commission established in a multi-town school district shall reflect each member town's proportionate membership on the school board. For purposes of this section, all references in RSA 49-B and RSA 49-D to "municipal,'' "municipality,'' "city,'' and "town'' shall mean and include "school district,'' and all references to "elected body'' and "governing body'' shall mean and include "school board.''
\t\tII. If a school district has adopted the official ballot referendum form of meeting under RSA 40:13, it may adopt a charter under RSA 49-D:3, II-a for the limited purpose of modifying the procedures for the consideration, amendment, and adoption of an operating and/or default budget. The charter may establish any procedures designed to accomplish the adoption of an operating and/or default budget, if it provides for at least one session of the annual meeting for explanation, discussion, and debate of the proposed operating budget and at least one session to vote on the proposed budget by official ballot. Except for the procedures so adopted, all provisions of RSA 40:13 shall continue to apply.
\t5 Effective Date. This act shall take effect upon its passage.