HB1299: (New Title) relative to the removal of the tax collector, treasurer, or town clerk, and required notice to the board of selectmen by a candidate for office if the candidate has ever been removed from a bonded position.

CHAPTER 184

HB 1299 – FINAL VERSION

19Feb2004… 0319h

04/22/04 1164s

13May2004… 1546eba

2004 SESSION

03-2236

08/10

HOUSE BILL 1299

AN ACT relative to the removal of the tax collector, treasurer, or town clerk, and required notice to the board of selectmen by a candidate for office if the candidate has ever been removed from a bonded position.

SPONSORS: Rep. Giuda, Graf 13; Rep. Patten, Carr 7; Rep. Ingbretson, Graf 13

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill provides that a tax collector, town clerk, or a treasurer may be removed from office without further due process if that person fails to respond to allegations of wrongdoing within the statutorily prescribed period of time.

This bill also requires notice to the board of selectmen by a candidate for office if the candidate has ever been removed from a bonded position.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2004… 0319h

04/22/04 1164s

13May2004… 1546eba

03-2236

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the removal of the tax collector, treasurer, or town clerk, and required notice to the board of selectmen by a candidate for office if the candidate has ever been removed from a bonded position.

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

184:1 Removal of Town Clerk. Amend RSA 41:16-c, I and II to read as follows:

I. The governing body shall notify the town clerk by certified mail with return receipt and the commissioner of the department of revenue administration of its intention to proceed under this section by providing a written explanation and justification for the removal, along with a copy of the audit findings.

II.(a) Within 20 days of receiving the notification provided in paragraph I, the town clerk shall respond to the alleged irregularities, material error, or failure to timely deposit funds. The response shall be submitted to the governing body and the commissioner of the department of revenue administration and shall include written comment on each audit finding.

(b) If the town clerk fails to respond at any step in the process under this section within the prescribed period of time, then the governing body shall be permitted to remove the town clerk from office as provided in paragraph V.

184:2 Removal of Tax Collector. Amend RSA 41:40, I and II to read as follows:

I. The governing body shall notify the tax collector by certified mail with return receipt and the commissioner of the department of revenue administration of its intention to proceed under this section by providing a written explanation and justification for the removal, along with a copy of the audit findings.

II.(a) Within 20 days of receiving the notification provided in paragraph I, the tax collector shall respond to the alleged irregularities, material error, or failure to timely deposit funds. The response shall be submitted to the governing body and the commissioner of the department of revenue administration and shall include written comment on each audit finding.

(b) If the tax collector fails to respond at any step in the process under this section within the prescribed period of time, then the governing body shall be permitted to remove the tax collector from office as provided in paragraph V.

184:3 New Section; Candidate Notification to Selectmen. Amend RSA 669 by inserting after section 17-b the following new section:

669:17-c Candidate Notification to Selectmen. Any person who has been removed from any position in the state which requires bonding and who subsequently becomes a candidate for any elected office that requires bonding under RSA 41:6, shall inform the governing body in that town of all facts relevant to the removal from office no later than the last day of the filing period for candidates. The board of selectmen shall then inform the town’s bonding agent who shall determine the candidate’s ability to be bonded under RSA 41:6.

184:4 Removal of Treasurer. Amend RSA 41:26-d, I and II to read as follows:

I. The governing body shall notify the treasurer by certified mail with return receipt and the commissioner of the department of revenue administration of its intention to proceed under this section by providing a written explanation and justification for the removal, along with a copy of the audit findings.

II.(a) Within 20 days of receiving the notification provided in paragraph I, the treasurer shall respond to the alleged irregularities, material error, or failure to timely deposit funds. The response shall be submitted to the governing body and the commissioner of the department of revenue administration and shall include written comment on each audit finding.

(b) If the treasurer fails to respond at any step in the process under this section within the prescribed period of time, then the governing body shall be permitted to remove the treasurer from office as provided in paragraph V.

184:5 Effective Date. This act shall take effect January 1, 2005.

(Approved: June 1, 2004)

(Effective Date: January 1, 2005)