HB 689 - AS AMENDED BY THE HOUSE

4Mar2015… 0436h

2015 SESSION

15-0993

06/03

HOUSE BILL 689

AN ACT relative to adoption of a default budget.

SPONSORS: Rep. Ammon, Hills 40; Rep. Hoell, Merr 23; Rep. Coffey, Hills 25

COMMITTEE: Municipal and County Government

ANALYSIS

This bill permits political subdivisions to require the default budget to be placed on the ballot as a separate contingent warrant article if the operating budget is defeated. The bill permits a revised operating budget to be voted on if both the operating budget and the contingent default budget are defeated.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Mar2015… 0436h

15-0993

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to adoption of a default budget.

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

1 New Section; Use of Official Ballot; Contingent Warrant Article. Amend RSA 40 by inserting after section 13 the following new section:

40:13-a Contingent Warrant Article.

I. As an alternative to the provisions of RSA 40:13, X, the legislative body of the local political subdivision may, by a 3/5 majority of those voting on the question, require the default budget to be placed on the ballot as a separate contingent warrant article if no operating budget article is adopted. If neither the operating budget nor the default budget is adopted, the governing body may call a special meeting 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. The special meeting shall consist of a single session held pursuant to RSA 39 and RSA 40:1 through RSA 40:12, and shall not be subject to RSA 40:13.

II. The question of adopting the alternative in this section shall be placed on the official ballot at an annual meeting by the governing body or by petition under RSA 39:3 or 197:6, and shall read substantially as follows:

“Shall (local political subdivision) adopt the provisions of RSA 40:13-a, requiring the default budget to be placed on the ballot as a separate contingent warrant article if no operating budget article is adopted, and providing that the governing body may call a special meeting to take up a revised operating budget in the event that neither the operating budget nor the default budget is adopted?”

III. If the question is approved by a 3/5 majority of those voting on the question, the alternative shall be in effect beginning with the following year’s annual meeting. The legislative body may rescind its adoption of this paragraph in the same manner.

IV. In political subdivisions that require the default budget to be voted on as a separate contingent warrant article if no operating budget article is adopted, the wording of the second session ballot question concerning the operating budget shall be as follows:

“Shall (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 $____________?”

V. Should the article in paragraph IV be defeated, the wording of the second session contingent ballot question concerning the default budget shall be as follows:

“Shall (local political subdivision), if article ___ is defeated, raise and appropriate as the default budget $ __________, which is the same as last year, with certain adjustments required by previous action of (local political subdivision) or by law? Should this article be defeated, the governing body shall call one special meeting to take up the issue of a revised operating budget only.”

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