SB 487-LOCAL – AS INTRODUCED

2010 SESSION

10-2886

06/10

SENATE BILL 487-LOCAL

AN ACT relative to charter limitations on the growth of budgets and taxes and to the validity of certain city and town charter provisions.

SPONSORS: Sen. Bragdon, Dist 11; Sen. Barnes, Jr., Dist 17; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Downing, Dist 22; Sen. Gallus, Dist 1; Sen. Letourneau, Dist 19; Sen. Roberge, Dist 9

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill:

I. Authorizes cities and towns to adopt charter provisions establishing limitations on the growth of budgets and taxes.

II. Requires certain budget provisions of city and town charters adopted prior to the effective date of this act to remain in effect.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2886

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to charter limitations on the growth of budgets and taxes and to the validity of certain city and town charter provisions.

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

1 New Section; City Charters; Limitations on Growth of Budgets and Taxes. Amend RSA 49-C by inserting after section 23 the following new section:

49-C:23-a Limitations on the Growth of Budgets and Taxes. A city charter may provide for limitations on the growth of one or more of the following: the annual city budget, the annual school budget if the school district is contained entirely within the city, or taxes raised by the city. Any charter adopting such limitations shall authorize the elected body to override any such limitation by no more than a 2/3 vote of all members of the elected body or no more than a 2/3 vote of all members of the elected body present and voting.

2 New Section; Town Charters; Limitations on the Growth of Budgets and Taxes. Amend RSA 49-D by inserting after section 5 the following new section:

49-D:6 Limitations on the Growth of Budgets and Taxes.

I. Any town that by charter has adopted the town council form of government authorized under RSA 49-D:3, I, may adopt, amend, or revise its charter to provide for limitations on the growth of one or more of the following: the annual town budget, the annual school budget if the school district is contained entirely within the town, or taxes raised by the town. Any charter adopting such limitations shall authorize the elected body to override any such limitation by no more than a 2/3 vote of all members of the town council.

II. Any town that by charter has adopted the official ballot town council form of government authorized under RSA 49-D:3, I-a, may adopt, amend, or revise its charter to provide for limitations on the growth of one or more of the following: the annual town budget, the annual school budget if the school district is contained entirely with the town, or taxes raised by the town. Any charter adopting such limitations shall authorize the elected body to override any such limitation by no more than a 2/3 vote of all members of the town council. No matter to be voted on by official ballot may be subject to a supermajority voting requirement.

III. Any town that by charter has adopted the representative town meeting form of government authorized under RSA 49-D:3, III, may adopt, amend, or revise its charter to provide for limitations on the growth of one or more of the following: the annual town budget, the annual school budget if the school district is contained entirely with the town, or taxes raised by the town. Any charter adopting such limitations shall authorize the elected body to override any such limit by no more than a 2/3 vote of all members of the representative town meeting.

3 Effect of Previously Adopted Charter Provisions. Any city or town charter provision adopted prior to the effective date of this act and relative to providing limitations on the growth of the annual city or town budget, the annual school budget if the school district is contained entirely within the town, or taxes raised by the town, shall remain in effect and be considered validly adopted under authority delegated by the laws of this state.

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