HB1455 (2016) Detail

(New Title) relative to the application of the municipal budget law to village districts wholly within a town.


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HB 1455 - AS AMENDED BY THE HOUSE

10Mar2016... 0644h

2016 SESSION

\t16-2476

\t06/03

 

HOUSE BILL\t1455

 

AN ACT\trelative to the application of the municipal budget law to village districts wholly within a town.

 

SPONSORS:\tRep. Bickford, Straf. 3

 

COMMITTEE:\tMunicipal and County Government

 

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AMENDED ANALYSIS

 

\tThis bill deletes village districts that are wholly within a town from provisions of the municipal budget law.

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2016... 0644h\t16-2476

\t06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the application of the municipal budget law to village districts wholly within a town.

 

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

 

\t1  Municipal Budget Committee; Membership.  Amend RSA 32:15 to read as follows:

\t32:15  Budget Committee Membership.

\t\tI.  The budget committee shall consist of:

\t\t\t(a)  Three to 12 members-at-large, who may be either elected or appointed by the moderator, as the town or district adopting the provisions of this subdivision shall by vote determine, who shall serve staggered terms of 3 years; and

\t\t\t(b)  One member of the governing body of the municipality and, if the municipality is a town, one member of the school board of each school district wholly within the town [and one member of each village district wholly within the town,] all of whom shall be appointed by their respective boards to serve for a term of one year and until their successors are qualified.  Each such member may be represented by an alternate member designated by the respective board, who shall, when sitting, have the same authority as the regular member.

\t\tII.  If the meeting decides that members-at-large are to be appointed, the staggering of terms shall begin that same year, with 1/3 of such members chosen to hold office for one year, 1/3 for 2 years, and 1/3 for 3 years, and each year thereafter 1/3 shall be chosen for terms of 3 years and until their successors are appointed and qualified.  If the number of members-at-large is not divisible by 3, the division shall be as even as possible over the 3 years.  All such appointments shall be made within 30 days after the annual meeting.

\t\tIII.  If the meeting decides members-at-large are to be elected, the meeting shall either elect the initial members for one-year terms by means other than by official ballot, or shall authorize the moderator to appoint members to serve until the next annual meeting, as provided in RSA 669:17.  Elections for staggered terms, as described in paragraph II, shall not begin until that next annual meeting, and shall be by official ballot if the municipality has adopted the official ballot system, as set forth in RSA 669.

\t\tIV.  A town or district which has adopted this subdivision may vote at any subsequent annual meeting to change the number or manner of selection of its members-at-large.  No such change shall take effect until the annual meeting following the meeting at which the change was adopted.

\t\tV.  No selectman, town manager, member of the school board, [village district commissioner,] full-time employee, or part-time department head of the town, school district [or village district], or other associated agency shall serve as a member-at-large.  Every member-at-large shall be domiciled in the town or district adopting this subdivision and shall cease to hold office immediately upon ceasing to be so domiciled.

\t\tVI.  One of the members-at-large shall be elected by the budget committee as chair.  The committee may elect other officers as it sees fit.  A member-at-large shall cease to hold office immediately upon missing 4 consecutive scheduled or announced meetings of which that member received reasonable notice, without being excused by the chair.

\t\tVII.  In municipalities where members-at-large are appointed, the chair shall notify the moderator immediately upon the occurrence of any vacancy in the membership-at-large, and the vacancy shall be filled by appointment by the moderator within 5 days of such notification, otherwise by the budget committee.  In municipalities where members-at-large are elected, vacancies shall be filled by appointment by the budget committee.  Persons appointed to fill vacancies shall serve until the next annual meeting at which time a successor shall be elected or appointed to either fill the unexpired term or start a new term, as the case may be.

\t2  Municipal Budget Law; Application.  Amend RSA 32:2 to read as follows:

\t32:2 Application.  RSA 32:1-13, shall apply to all towns, school districts, cooperative school districts, village districts, municipal economic development and revitalization districts created under RSA 162-K, and any other municipal entities, including those created pursuant to RSA 53-A or 53-B, which adopt their budgets at an annual meeting of their voters, except RSA 32:5-b, which shall apply only in those towns or districts adopting that section pursuant to RSA 32:5-c. RSA 32:14-23, concerning budget committees, shall apply only in those towns or districts adopting that subdivision pursuant to RSA 32:14, I, and shall apply automatically in school districts [or village districts] located wholly within towns adopting that subdivision.

 

\t3  Municipal Budget Law; Duties and Authority of the Budget Committee.  Amend RSA 32:16, I to read as follows:

\t\tI.  To prepare the budget as provided in RSA 32:5, and if authorized under RSA 40:14-b, a default budget under RSA 40:13, IX(b) for submission to each annual or special meeting of the voters of the municipality, and, if the municipality is a town, the budgets of any school district [or village district] wholly within the town, unless the warrant for such meeting does not propose any appropriation.

\t4  Effective Date.  This act shall take effect 60 days after its passage.