SB 0077

CHAPTER 205

SB 77 - FINAL VERSION

AN ACT relative to town charter provisions for bond votes using official ballot voting procedures, relative to the 2003 apportionment of county taxes in Coos county, and ratifying the Hampton Beach village district annual meeting.

SPONSORS: Sen. Flanders, Dist 7; Sen. Clegg, Dist 14; Sen. Below, Dist 5; Rep. Colcord, Merr 34

I. Allows political subdivisions that have adopted a town charter the option of a 2/3 or a 3/5 majority when voting on bonds or notes.

II. Requires the department of revenue administration to adjust the 2003 county taxes for Coos county and the statewide education property tax warrant for Wentworth's Location.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

205:1 Town Charters; Official Ballot Procedures; Bonds Issues. Amend RSA 49-D:3, II-a to read as follows:

II-a. Official ballot town meeting shall be a variation of the open town meeting which provides for voting on some or all warrant articles, including part or all of the annual town operating budget, by official ballot. In such event, the open town meeting shall be vested only with the limited authority to vote on all matters not voted on by official ballot. When an official ballot town meeting is included in any charter, the provisions of general law relative to town meetings, their warning, the right for petitioned articles at such meetings, and the conduct of such meetings[~~, and the type of majority required for bond issues~~] shall apply to the official ballot and open town meeting in all respects. The majority vote required to approve bonds or notes shall be either 2/3 or 3/5 as adopted and provided for in the charter. If a charter is silent with regard to such required majority, then the majority vote shall be 2/3. When a charter provides for an official ballot town meeting it shall also specify with precision the budgetary items to be included on the official ballot, a finalization process for the annual budget, the process for public hearings, debate, discussion, and amendment of questions to be placed on the official ballot, the procedures for the transfer of funds among various departments, funds, accounts, and agencies as may be necessary during the year, and the applicability of the official ballot procedure to special meetings. All voting by official ballot shall be in accordance with the procedures established in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours. Nonbudgetary items may be placed on the official ballot pursuant to this section notwithstanding the provisions of RSA 40:4-e and RSA 39:3-d.

205:2 Adjustment to Coos County Apportionment for 2002; Wentworth's Location Warrant. As a modification to the 2003 property tax rates, the department of revenue administration shall adjust the 2003 Coos county apportionment among cities, towns, and unincorporated places by the amount of $11,257, which is equal to the 2002 apportionment for Wentworth's Location resulting from an incorrect application of the 2001 equalized valuation percentage. Notwithstanding any other provision of law, for the tax year beginning April 1, 2003, the equalized value to be used to calculate the statewide education property tax warrant for the unincorporated place of Wentworth's Location shall be $5,567,771.

205:3 Ratification of the 2003 Hampton Beach Village District Annual Meeting. All acts, notices, votes, and proceedings of the Hampton Beach village district annual meeting held on March 28, 2003 are hereby legalized, ratified, and confirmed.