SB329 (2022) Compare Changes


The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.
The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Section; Commission Established. Amend RSA 674 by inserting after section 61 the following new section:

674:61-a Commission Established.

I. There is established a commission to study barriers to housing development in New Hampshire, including workforce and middle-income housing.

II. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) One member of the house of representatives, appointed by the speaker of the house of representatives.

(c) One representative of the New Hampshire Housing Finance Authority, appointed by the authority.

(d) One representative of New Hampshire Legal Assistance, appointed by the organization.

(e) One representative of the New Hampshire Association of Realtors, appointed by the organization.

(f) One representative of a local housing authority, appointed by the governor.

(g) One workforce housing developer, appointed by the governor.

(h) One representative of the Business and Industry Association, appointed by the association.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. The commission shall study barriers to housing development in New Hampshire, including workforce and middle-income housing, manufactured housing, and 3-D printed houses.

V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.

VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2022.

2 Repeal. RSA 674:61-a, relative to barriers to housing development in New Hampshire, including workforce and middle-income housing, is repealed.

3 Municipal Budget Law; Method to Override Local Tax Cap. RSA 32:5-b, III is repealed and reenacted to read as follows:

III. The legislative body may override the cap by the usual procedures applicable to annual meetings of the legislative body, provided that: when a proposed appropriation will cause the amount of local taxes raised by the town or district to exceed the tax cap under paragraphs I and I-a or the total amount already raised and appropriated has caused the amount of local taxes raised by the town or district to exceed the tax cap under paragraphs I and I-a, voting on the appropriation question shall be by ballot, but the question shall not be placed on the official ballot used to elect officers, except in the case of a legislative body that uses an official ballot form of meeting under RSA 40:13 or under a charter adopted pursuant to RSA 49-D. If a 3/5 majority or the super majority as determined under a charter pursuant to RSA 49-D of those voting on the question vote "yes,'' the appropriation is approved. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority or the super majority as determined under a charter pursuant to RSA 49-D.

(a) For warrant articles proposing bonds, notes, or other multi-year expenditures, only the first year estimated costs shall be used in counting appropriations for the tax cap under paragraphs I and I-a.

(b) When using the official ballot form of meeting under RSA 40:13, if the warrant article for the operating budget results in appropriations exceeding the tax cap under paragraphs I and I-a and receives less than 3/5 majority "yes" vote, the adopted operating budget shall be reduced by appropriations already raised to remain compliant with the tax cap under paragraphs I and I-a.

(c) School districts that have adopted the school administrative unit (SAU) alternative budget procedure under RSA 194-C:9-b shall place the warrant article for the SAU budget at the beginning of school district warrant, immediately after any warrant articles proposing bonds or notes. For school districts using a traditional meeting and when the outcome of the SAU budget vote is pending on balloting from the other school districts in the SAU, the higher of the school district's assigned portion of the proposed SAU budget or the school district's assigned portion of the adjusted SAU budget shall be assumed as raised and appropriated for the purpose of determining when the override provisions under paragraph III apply.

4 Effective Date.

I. Section 2 of this act shall take effect November 1, 2022.

II. Section 3 of this act shall take effect 60 days after its passage.

III. The remainder of this act shall take effect upon its passage.

Changed Version

Text to be added highlighted in green.

1 New Section; Commission Established. Amend RSA 674 by inserting after section 61 the following new section:

674:61-a Commission Established.

I. There is established a commission to study barriers to housing development in New Hampshire, including workforce and middle-income housing.

II. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) One member of the house of representatives, appointed by the speaker of the house of representatives.

(c) One representative of the New Hampshire Housing Finance Authority, appointed by the authority.

(d) One representative of New Hampshire Legal Assistance, appointed by the organization.

(e) One representative of the New Hampshire Association of Realtors, appointed by the organization.

(f) One representative of a local housing authority, appointed by the governor.

(g) One workforce housing developer, appointed by the governor.

(h) One representative of the Business and Industry Association, appointed by the association.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. The commission shall study barriers to housing development in New Hampshire, including workforce and middle-income housing, manufactured housing, and 3-D printed houses.

V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.

VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2022.

2 Repeal. RSA 674:61-a, relative to barriers to housing development in New Hampshire, including workforce and middle-income housing, is repealed.

3 Municipal Budget Law; Method to Override Local Tax Cap. RSA 32:5-b, III is repealed and reenacted to read as follows:

III. The legislative body may override the cap by the usual procedures applicable to annual meetings of the legislative body, provided that: when a proposed appropriation will cause the amount of local taxes raised by the town or district to exceed the tax cap under paragraphs I and I-a or the total amount already raised and appropriated has caused the amount of local taxes raised by the town or district to exceed the tax cap under paragraphs I and I-a, voting on the appropriation question shall be by ballot, but the question shall not be placed on the official ballot used to elect officers, except in the case of a legislative body that uses an official ballot form of meeting under RSA 40:13 or under a charter adopted pursuant to RSA 49-D. If a 3/5 majority or the super majority as determined under a charter pursuant to RSA 49-D of those voting on the question vote "yes,'' the appropriation is approved. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority or the super majority as determined under a charter pursuant to RSA 49-D.

(a) For warrant articles proposing bonds, notes, or other multi-year expenditures, only the first year estimated costs shall be used in counting appropriations for the tax cap under paragraphs I and I-a.

(b) When using the official ballot form of meeting under RSA 40:13, if the warrant article for the operating budget results in appropriations exceeding the tax cap under paragraphs I and I-a and receives less than 3/5 majority "yes" vote, the adopted operating budget shall be reduced by appropriations already raised to remain compliant with the tax cap under paragraphs I and I-a.

(c) School districts that have adopted the school administrative unit (SAU) alternative budget procedure under RSA 194-C:9-b shall place the warrant article for the SAU budget at the beginning of school district warrant, immediately after any warrant articles proposing bonds or notes. For school districts using a traditional meeting and when the outcome of the SAU budget vote is pending on balloting from the other school districts in the SAU, the higher of the school district's assigned portion of the proposed SAU budget or the school district's assigned portion of the adjusted SAU budget shall be assumed as raised and appropriated for the purpose of determining when the override provisions under paragraph III apply.

4 Effective Date.

I. Section 2 of this act shall take effect November 1, 2022.

II. Section 3 of this act shall take effect 60 days after its passage.

III. The remainder of this act shall take effect upon its passage.