HB 200 - AS AMENDED BY THE HOUSE
27Mar2025... 0573h
2025 SESSION
25-0247
07/05
HOUSE BILL 200
AN ACT relative to the procedure for overriding a local tax cap.
SPONSORS: Rep. Pauer, Hills. 36; Rep. Berezhny, Graf. 11; Rep. Bryer, Rock. 1; Rep. Nalevanko, Ches. 9; Rep. Rollins, Sull. 3; Rep. Spilsbury, Sull. 3; Rep. Bailey, Straf. 2; Rep. Burnham, Straf. 2; Sen. Avard, Dist 12; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18
COMMITTEE: Municipal and County Government
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ANALYSIS
This bill requires a supermajority vote of the legislative body to override a local tax cap.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2025... 0573h 25-0247
07/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the procedure for overriding a local tax cap.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 RSA 32:5-b, III is repealed and reenacted to read as follows: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 this section 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 this section, 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) 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 this section 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 this section.
(b) School districts 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.
2 Applicability. RSA 32:5-b, as amended by section 1 of this act, shall apply to the local tax caps adopted prior to the effective date of this act and shall not require local amendment or re-adoption by the town or district.
3 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| March 19, 2025 | 2025-0573h |
| Date | Body | Type |
|---|---|---|
| Feb. 27, 2025 | House | Hearing |
| March 10, 2025 | House | Exec Session |
| March 10, 2025 | House | Floor Vote |
March 28, 2025: Introduced 03/27/2025 and Referred to Election Law and Municipal Affairs; SJ 10
March 27, 2025: Ought to Pass with Amendment 2025-0573h: MA DV 195-165 03/27/2025 HJ 11
March 27, 2025: Amendment # 2025-0573h: AA DV 191-156 03/27/2025 HJ 11
March 19, 2025: Minority Committee Report: Inexpedient to Legislate
March 19, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-0573h 03/10/2025 (Vote 10-8; RC) HC 17 P. 62
March 5, 2025: Executive Session: 03/10/2025 09:30 am LOB 301-303
Feb. 19, 2025: Public Hearing: 02/27/2025 09:00 am LOB 301-303
Jan. 7, 2025: Introduced 01/08/2025 and referred to Municipal and County Government HJ 2 P. 10