Bill Text - HB1352 (2020)

Relative to municipal budget meetings.

Revision: Dec. 2, 2019, 3 p.m.










AN ACT relative to municipal budget meetings.


SPONSORS: Rep. Carson, Merr. 7; Rep. Dargie, Hills. 23


COMMITTEE: Municipal and County Government






This bill requires a special meeting called by the governing body to take up the issue of a revised operating budget to consist of one session  governed by the provisions of RSA 39 and RSA 40.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty


AN ACT relative to municipal budget meetings.


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


1  Official Ballot Referenda Form of Meeting; Special Meetings.  Amend RSA 40:13, X to read as follows:

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] call 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.  If the governing body calls a special meeting, the meeting shall consist of a single open session governed by the provisions of RSA 39 and RSA 40 applicable to special meetings, and the provisions of this section requiring 2 sessions and voting by official ballot shall not apply.

2  Default Budget; Ballot Question.  Amend RSA 40:13, XI(c) to read as follows:

(c)  The wording of the second session ballot question concerning the operating budget shall be as follows:

"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 $________?  Should this article be defeated, the default budget shall be $_____________, which is the same as last year, with certain adjustments required by previous action of the (local political subdivision) or by law; or the governing body may [hold] call one special meeting, in accordance with RSA 40:13, X [and XVI], to take up the issue of a revised operating budget only."

3  Special Meetings.  Amend RSA 40:13, XVI to read as follows:

XVI.  Except as provided in paragraph X, 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] paragraph 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.

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