Bill Text - HB1173 (2020)

Relative to the use of an official ballot in towns.


Revision: March 30, 2020, 10:36 a.m.

HB 1173-LOCAL - AS AMENDED BY THE HOUSE

 

12Mar2020... 0984h

2020 SESSION

20-2308

06/03

 

HOUSE BILL 1173-LOCAL

 

AN ACT relative to the use of an official ballot in towns.

 

SPONSORS: Rep. McGhee, Hills. 40; Rep. St. John, Hills. 27

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill modifies the definitions of "default budget" and "contracts" for the purposes of towns that have adopted official ballot voting.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0984h 20-2308

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the use of an official ballot in towns.

 

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

 

1  Use of Official Ballot; Default Budget.  Amend RSA 40:13, IX-X to read as follows:

IX.(a)  "Operating budget" as used in this subdivision means "budget," as defined in RSA 32:3, III, exclusive of "special warrant articles," as defined in RSA 32:3, VI, and exclusive of other appropriations voted separately.

(b)  "Default budget" as used in this subdivision means the amount of the same appropriations as contained in the operating budget authorized for the previous year, reduced and increased, as the case may be, by debt service, contracts, and other obligations previously incurred or mandated by law, and reduced by one-time expenditures contained in the operating budget authorized for the previous year [and by salaries and benefits of positions that have been eliminated in the proposed budget].  For the purposes of this paragraph, one-time expenditures shall be one-time appropriations not likely to recur in the succeeding budget, [and eliminated positions shall not include vacant positions under recruitment or positions redefined in the proposed operating budget,] as determined by the governing body, unless the provisions of RSA 40:14-b are adopted, of the local political subdivision.  In calculating the default budget amount, the governing body shall follow the statutory formula which may result in a higher or lower amount than the proposed operating budget.  The default budget shall be calculated independently of the proposed operating budget.

(c)  "Contracts" as used in this subdivision means contracts previously approved[, in the amount so approved,] by the legislative body in either the operating budget authorized for the previous year or in a separate warrant article for a previous year.

X.  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 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] passed without approval.

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

HB 1173-LOCAL - AS AMENDED BY THE HOUSE

 

12Mar2020... 0984h

2020 SESSION

20-2308

06/03

 

HOUSE BILL 1173-LOCAL

 

AN ACT relative to the use of an official ballot in towns.

 

SPONSORS: Rep. McGhee, Hills. 40; Rep. St. John, Hills. 27

 

COMMITTEE: Municipal and County Government

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill modifies the definitions of "default budget" and "contracts" for the purposes of towns that have adopted official ballot voting.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

12Mar2020... 0984h 20-2308

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the use of an official ballot in towns.

 

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

 

1  Use of Official Ballot; Default Budget.  Amend RSA 40:13, IX-X to read as follows:

IX.(a)  "Operating budget" as used in this subdivision means "budget," as defined in RSA 32:3, III, exclusive of "special warrant articles," as defined in RSA 32:3, VI, and exclusive of other appropriations voted separately.

(b)  "Default budget" as used in this subdivision means the amount of the same appropriations as contained in the operating budget authorized for the previous year, reduced and increased, as the case may be, by debt service, contracts, and other obligations previously incurred or mandated by law, and reduced by one-time expenditures contained in the operating budget authorized for the previous year [and by salaries and benefits of positions that have been eliminated in the proposed budget].  For the purposes of this paragraph, one-time expenditures shall be one-time appropriations not likely to recur in the succeeding budget, [and eliminated positions shall not include vacant positions under recruitment or positions redefined in the proposed operating budget,] as determined by the governing body, unless the provisions of RSA 40:14-b are adopted, of the local political subdivision.  In calculating the default budget amount, the governing body shall follow the statutory formula which may result in a higher or lower amount than the proposed operating budget.  The default budget shall be calculated independently of the proposed operating budget.

(c)  "Contracts" as used in this subdivision means contracts previously approved[, in the amount so approved,] by the legislative body in either the operating budget authorized for the previous year or in a separate warrant article for a previous year.

X.  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 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] passed without approval.

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