Rep. Silber, Belk. 2
February 8, 2021
2021-0250h
06/10
Amendment to HB 459
Amend RSA 32:5-e, II as inserted by section 2 of the bill by replacing it with the following:
II. Upon a good faith belief that a county, city, town, or other local government entity has violated RSA 32:5-d, any citizen of this state residing in the relevant county, town, or city, or within the jurisdiction of such other government entity, believing they have been aggrieved by such actions shall give written notice, by certified mail, return receipt requested, or by a nationally recognized courier service, to the county, city, town, or other government entity that is believed to have violated RSA 32:5-d of the reasonable belief of such a violation, and the county, city, town, or other government entity shall have a not more than 90 days after the giving of such notice to rescind any such transfer of funds from any source into a general ledger item within its accounting system that has been allocated zero dollars in its approved budget. However, if after the expiration of such 90 day period, the county, city, town, or other government entity that made such a transfer has failed or refused to rescind any such transfer, the aggrieved citizen may bring an action in superior court and the elected or appointed local government official or administrative agency head under whose authority the violation occurred shall be personally liable as provided for in this section. A citizen of this state residing in the relevant county, town, or city, or within the jurisdiction of such other government entity giving such notice shall be deemed to have standing to bring an action under this section.
Amend RSA 32:5-e, VI as inserted by section 2 of the bill by replacing it with the following:
VI. Any person, entity, or organization whose membership is aggrieved by any purported transfer implemented in violation of RSA 32:5-d, provided such person, entity, or organization resides or has its principal place of business in the relevant county, town, or city, or within the jurisdiction of such other government entity, after the giving of notice and expiration of the time period under paragraph II, may bring an action against any county, agency, municipality, school district, school administrative unit, or other entity in any court of this state having jurisdiction over any defendant in an action for declaratory and injunctive relief and for the assessment of civil fines, caused by such violation. The court shall schedule a hearing on the matter which shall be within 10 business days from the date of filing. After a hearing on the merits, if the court finds in favor of the petitioner, the court shall:
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2021 | House | Hearing |
| Feb. 8, 2021 | House | Exec Session |
| House | Floor Vote | |
| Feb. 1, 2021 | House | Hearing |
| Feb. 8, 2021 | House | Exec Session |
Feb. 24, 2021: Inexpedient to Legislate: MA RC 198-153 02/24/2021 HJ 3 P. 83
: Inexpedient to Legislate MA RC 198-153 02/24/2021
Feb. 24, 2021: Inexpedient to Legislate: MA RC 198-153 02/24/2021 HJ 3 P. 83
: Minority Committee Report: Ought to Pass with Amendment # 2021-0250h
Feb. 18, 2021: Minority Committee Report: Ought to Pass with Amendment # 2021-0250h
Feb. 18, 2021: Majority Committee Report: Inexpedient to Legislate (Vote 11-7; RC) HC 12 P. 23
: Majority Committee Report: Inexpedient to Legislate (Vote 11-7; RC) HC 12 P. 23
Jan. 27, 2021: Executive Session: 02/08/2021 02:00 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/96815613466
Feb. 8, 2021: Executive Session: 02/08/2021 02:00 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/96815613466
Feb. 1, 2021: Public Hearing: 02/01/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95927066667 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 21, 2021: Public Hearing: 02/01/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95927066667 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 10, 2021: Introduced (in recess of) 01/06/2021 and referred to Municipal and County Government HJ 2 P. 49
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Municipal and County Government HJ 2 P. 49