HB1377: relative to the repeal of municipal ordinances by petition.

HB 1377-LOCAL - AS INTRODUCED

2003 SESSION

03-2023

06/09

HOUSE BILL 1377-LOCAL

AN ACT relative to the repeal of municipal ordinances by petition.

SPONSORS: Rep. Scott, Straf 71; Rep. Twombly, Straf 67; Rep. Newton, Straf 67; Rep. Giuda, Graf 13; Rep. M. Cooney, Graf 15; Sen. Kenney, Dist 3, Sen. Gallus, Dist 1

COMMITTEE: Municipal and County Government

ANALYSIS

This bill provides a procedure for the repeal of municipal ordinances by petition.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2023

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the repeal of municipal ordinances by petition.

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

1 Adoption, Amendment, and Repeal of Town Codes and Ordinances. Amend RSA 41:14-b to read as follows:

41:14-b Adoption, [and] Amendment, and Repeal of Town Codes and Ordinances. If adopted in accordance with RSA 41:14-c, in towns with 10,000 or more inhabitants, the selectmen shall have the authority to establish, [and] amend, and repeal town ordinances and codes after they hold 2 public hearings at least 10 but not more than 14 days apart on the establishment [or], amendment, or repeal of the ordinance or code; provided, however, upon the written petition of 50 registered voters presented to the selectmen prior to the selectmen's vote, according to the provisions of RSA 39:3, the proposed establishment of [or], amendment to, or repeal of the town ordinance or code shall be inserted as an article in the warrant for the town meeting. The selectmen's vote shall take place no sooner than 10 days nor later than 14 days after the second public hearing which is held. The provisions of this section shall not apply to the establishment [and], amendment, or repeal of a zoning ordinance, historic district ordinance, or building code under the provisions of RSA 675.

2 New Section; Petition to Repeal an Ordinance. Amend RSA 47 by inserting after section 17-a the following new section:

47:17-b Repeal by Petition.

I. Upon the written petition of 100 registered voters presented to the city council to repeal a municipal ordinance, the council shall consider the ordinance at its next regularly scheduled meeting. The council shall hold a hearing on the petition and vote to affirm or repeal the ordinance.

II. If the council affirms the petitioned ordinance, it shall place the question of repeal on a ballot for the next regular city election.

III. The city clerk shall place each ordinance for which repeal is petitioned on the appropriate official or special ballot, or separate official ballot which shall include the following question for each petitioned ordinance:

"Are you in favor of repealing the existing municipal ordinance, as proposed by petition, as follows: (Here insert topical description of substance of ordinance.)?" Any petitioned ordinance receiving an affirmative vote of a majority of the legal voters present and voting shall be adopted and the subject ordinance shall be repealed.

3 New Subparagraph; Ordinance Repeal by Petition. Amend RSA 49-D:2, II by inserting after subparagraph (c) the following new subparagraph:

(d) Provide for the repeal of a town ordinance by majority affirmative vote at the next regular town election following the submission of a petition to repeal, signed by 100 or more registered voters.

4 New Section; Method of Repeal by Petition in Cities and Towns Operating Under the Town Council Form of Government. Amend RSA 675 by inserting after section 2 the following new section:

675:2-a Method of Repeal by Petition; City or Town Council Form of Government.

I. In cities and towns operating under the town council form of government, 100 or more registered voters may petition for the repeal of a zoning ordinance or part thereof. Petitioned repeals shall be voted only at the election used to elect city or town officers. A petition to repeal a zoning ordinance shall be submitted to the local governing body during the period between 120 and 90 days prior to the election. The petition shall be in correct ballot article form, as determined by the local governing body, to repeal a zoning ordinance. The local governing body shall provide the petitioners with the opportunity to correct defects in the form of the petition. The local governing body shall submit the petitions to the planning board in a timely manner.

II. The planning board at its first regular meeting following the petition period shall set the date of the public hearing for each petitioned repeal which is received and shall hold a public hearing on each petitioned repeal. Notice for the time and place of the public hearing shall be the same as that provided in RSA 675:7.

III. Each petitioned repeal shall be placed on a ballot which may be separate from the ballot used to elect city or town officers. A notation on the ballot stating the planning board's approval or disapproval shall immediately follow the question's description. The planning board shall forward to the city or town clerk all proposed repeals to the zoning ordinance under this section not later than the fifth Tuesday prior to the date for electing town officers.

IV. The city or town clerk shall place each zoning ordinance for which repeal is petitioned on the appropriate official or special ballot, or separate official ballot which shall include the following question for each petitioned ordinance:

"Are you in favor of repealing the existing zoning ordinance, as proposed by petition, as follows: (Here insert topical description of substance of ordinance.)?" Any petitioned ordinance receiving an affirmative vote of a majority of the legal voters present and voting shall be adopted and the zoning ordinance shall be repealed.

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