HB151: (2nd New Title) authorizing the county convention to contract and fund performance audits of county departments, authorizing employees of the Hillsborough and Rockingham county delegations, and relative to adoption of revisions and the budget process in city charters.

CHAPTER 25

HB 151 - FINAL VERSION

04/03/03 0989s

04/10/03 1261s

2003 SESSION

03-0253

10/09

HOUSE BILL 151

AN ACT authorizing the county convention to contract and fund performance audits of county departments, authorizing employees of the Hillsborough and Rockingham county delegations, and relative to adoption of revisions and the budget process in city charters.

SPONSORS: Rep. Weyler, Rock 79; Rep. G. Katsakiores, Rock 77; Rep. Welch, Rock 79; Rep. Francoeur, Rock 85; Rep. Mercer, Hills 59; Sen. Clegg, Dist 14; Sen. Sapareto, Dist 19; Sen. Barnes, Dist 17

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill allows the county convention of any county to contract for a performance audit of a county department, institution, or office. The cost of an audit is to be paid from a contingency fund expended by the county convention.

This bill allows the Hillsborough and Rockingham county delegations to hire employees.

This bill also clarifies the process for voting on city charter revisions and permits a city charter to provide for a default city budget.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/10/03 0989s

04/10/03 1261s

03-0253

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT authorizing the county convention to contract and fund performance audits of county departments, authorizing employees of the Hillsborough and Rockingham county delegations, and relative to adoption of revisions and the budget process in city charters.

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

25:1 Powers of County Convention; Cost of Performance Audits. Amend RSA 24:13, II to read as follows:

II. Notwithstanding any other laws to the contrary, the county convention of any county shall have the power to appropriate a contingency fund to meet the cost of unanticipated expenses that may arise during the year or to provide payment for a performance audit under RSA 24:26, to be expended only upon approval by the executive committee of the county delegation, who shall make a detailed report of all expenditures from said fund to be published annually in the county annual report. The amount in said fund shall not exceed one percent of the amount appropriated by the county for county purposes exclusive of capital budget and debt retirement during the preceding year.

25:2 New Subdivision; Performance Audits. Amend RSA 24 by inserting after section 25 the following new subdivision:

Performance Audits

24:26 Performance Audits.

I. The county convention of any county shall have the power to engage the services of a suitable qualified entity to conduct performance audits of any county department, institution, or office as the county convention shall specifically direct. Such performance audits shall include, but not be limited to, examinations of and any determinations based upon the examinations as to achievement of goals, objectives, and specific outcome measures provided for in each department, institution, or office's budget submission. Such performance audit shall indicate the degree of achievement, and any reasons for non-achievements of objectives and outcome measures. Such audit shall also include findings regarding the appropriateness of stated objectives and outcome measures and may suggest alternative or additional measures for use in subsequent budget periods.

II. The detailed reports of every audit conducted pursuant to this section shall become a public record upon approval by the county convention. Audit work papers and notes are not public records. However, those materials necessary to support the compilations in the final audit report may be made available by majority vote of the county convention after a public hearing showing proper cause. For the purposes of this section, work papers shall include, but are not limited to, all preliminary drafts and notes used in preparing the audit report.

III. The cost of a performance audit shall be paid from a contingency fund appropriated by the county convention under RSA 24:13, II.

25:3 County Delegation Employees; Hillsborough and Rockingham. Amend RSA 24:12-a to read as follows:

24:12-a Delegation Coordinators for Hillsborough and Rockingham Counties. The county conventions for Hillsborough and Rockingham counties shall each have the authority to employ a delegation coordinator and other employees who shall perform duties as required by the executive committee, subcommittees, and the legislative delegation.

25:4 Adoption of Charter Revisions. Amend RSA 49-B:4, VI to read as follows:

VI. Upon the filing of the final report, the municipal officers shall order, as determined by the charter commission, the proposed new charter or charter revision to be submitted to the voters at the next [regular] primary or general municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election held at least 45 days after the filing of the final report.

25:5 Budget Process. Amend RSA 49-C:23, I to read as follows:

I. A budget submission date and a date by which an annual budget shall be finally adopted by the elected body. Failing final adoption by the established date, the budget shall be determined as provided in the city charter, or as originally submitted by the chief administrative officer [shall become the budget] if no such provision is made in the city charter.

25:6 Effective Date. This act shall take effect upon its passage.

(Approved: April 30, 2003)

(Effective Date: April 30, 2003)