I. The municipal officers may determine that amendments to the municipal charter are necessary and, by order, provide for notice and hearing on them in the same manner as provided in RSA 49-B:5, IV(a). Within 7 days after the hearing, the municipal officers may order the proposed amendment to be placed on a ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election held not less than 60 days after the order is passed; or they may order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments. (a) Each amendment shall be limited to a single subject, but more than one section of the charter may be amended as long as it is germane to that subject. (b) Alternative statements of a single amendment are prohibited. II. On the written petition of a number of voters equal to at least 20 percent of the number of votes cast in a municipality at the last regular municipal election, but in no case less than 10 voters, the municipal officers shall, by order, provide that proposed amendments to the municipal charter be placed on a ballot in accordance with the procedures set out below. (a) Each amendment shall be limited to a single subject but more than one section of the charter may be amended as long as it is germane to that subject. (b) Alternative statements of a single amendment are prohibited. II-a. The following procedure shall be used in the alternative method set out in paragraph II: (a) Any 5 voters of the municipality may file with the municipal clerk an affidavit stating that they shall constitute a petitioners' committee. Such affidavit shall be signed by the members of such committee and an additional 20 voters of the municipality and shall include: (1) The language of the proposed amendment. (2) The names and addresses of the committee members. (3) The address to which all notices to the committee are to be sent. (b) The petitioners' committee, or voters of the municipality designated by the committee, may circulate the petition and file it in proper form. (c) Promptly after the affidavit is filed by the petitioners' committee, the clerk shall file a certified copy of the affidavit, including the proposed amendment, for review of the proposed amendment in accordance with RSA 49-B:5-a. Promptly after receiving approval of the proposed amendment from the state officials under RSA 49-B:5-a, the clerk shall issue petition blanks to the committee. III. The petition forms shall carry the following legend in bold lettering at the top of each form on the face thereof. Municipality of ____________________ ""Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment of the municipal charter as set out below.'' No more than one subject may be included in a petition. Except as provided in RSA 49-B:5, II-a, in all other respects the form, content and procedures governing amendment petitions shall be the same as provided for charter revision and adoption petitions under RSA 49-B:3 including procedures relating to filing, sufficiency and amendments. IV. (a) Within 10 days of receipt of a report that a petition is sufficient, the municipal officers shall by order provide for a public hearing on the proposed amendment. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. The hearing shall be conducted by the municipal officers or a committee appointed by them. (b) Within 7 days after the public hearing, the municipal officers or the committee appointed by them shall file with the municipal clerk a report containing the final draft of the proposed amendment and a written opinion by an attorney admitted to the bar of this state that the proposed amendment is not in conflict with the general laws or the constitution. In the case of a committee report, a copy shall be filed with the municipal officers. (c) Within 7 days after the hearing, the municipal officers shall order the proposed amendment to be placed on the ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election, if such election is held not less than 60 days nor more than 365 days thereafter. Otherwise, the municipal officers shall order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments.
Source. 1979, 241:1. 1988, 223:4, 5. 1991, 304:13. 1992, 96:2, 3. 1995, 53:2, eff. July 8, 1995. 2005, 38:1, eff. July 16, 2005. 2008, 230:1, 2, eff. Aug. 19, 2008.
I. The municipal officers may determine that amendments to the municipal charter are necessary and, by order, provide for notice and hearing on them in the same manner as provided in RSA 49-B:5, IV(a). Within 7 days after the hearing, the municipal officers may order the proposed amendment to be placed on a ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election held not less than 60 days after the order is passed; or they may order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments. (a) Each amendment shall be limited to a single subject, but more than one section of the charter may be amended as long as it is germane to that subject. (b) Alternative statements of a single amendment are prohibited. II. On the written petition of a number of voters equal to at least 20 percent of the number of votes cast in a municipality at the last regular municipal election, but in no case less than 10 voters, the municipal officers shall, by order, provide that proposed amendments to the municipal charter be placed on a ballot in accordance with the procedures set out below. (a) Each amendment shall be limited to a single subject but more than one section of the charter may be amended as long as it is germane to that subject. (b) Alternative statements of a single amendment are prohibited. II-a. The following procedure shall be used in the alternative method set out in paragraph II: (a) Any 5 voters of the municipality may file with the municipal clerk an affidavit stating that they shall constitute a petitioners' committee. Such affidavit shall be signed by the members of such committee and an additional 20 voters of the municipality and shall include: (1) The language of the proposed amendment. (2) The names and addresses of the committee members. (3) The address to which all notices to the committee are to be sent. (b) The petitioners' committee, or voters of the municipality designated by the committee, may circulate the petition and file it in proper form. (c) Promptly after the affidavit is filed by the petitioners' committee, the clerk shall file a certified copy of the affidavit, including the proposed amendment, for review of the proposed amendment in accordance with RSA 49-B:5-a. Promptly after receiving approval of the proposed amendment from the state officials under RSA 49-B:5-a, the clerk shall issue petition blanks to the committee. III. The petition forms shall carry the following legend in bold lettering at the top of each form on the face thereof. Municipality of ____________________ ""Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment of the municipal charter as set out below.'' No more than one subject may be included in a petition. Except as provided in RSA 49-B:5, II-a, in all other respects the form, content and procedures governing amendment petitions shall be the same as provided for charter revision and adoption petitions under RSA 49-B:3 including procedures relating to filing, sufficiency and amendments. IV. (a) Within 10 days of receipt of a report that a petition is sufficient, the municipal officers shall by order provide for a public hearing on the proposed amendment. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. The hearing shall be conducted by the municipal officers or a committee appointed by them. (b) Within 7 days after the public hearing, the municipal officers or the committee appointed by them shall file with the municipal clerk a report containing the final draft of the proposed amendment and a written opinion by an attorney admitted to the bar of this state that the proposed amendment is not in conflict with the general laws or the constitution. In the case of a committee report, a copy shall be filed with the municipal officers. (c) Within 7 days after the hearing, the municipal officers shall order the proposed amendment to be placed on the ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election, if such election is held not less than 60 days nor more than 365 days thereafter. Otherwise, the municipal officers shall order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments.
Source. 1979, 241:1. 1988, 223:4, 5. 1991, 304:13. 1992, 96:2, 3. 1995, 53:2, eff. July 8, 1995. 2005, 38:1, eff. July 16, 2005. 2008, 230:1, 2, eff. Aug. 19, 2008.
I. The municipal officers may determine that amendments to the municipal charter are necessary and, by order, provide for notice and hearing on them in the same manner as provided in RSA 49-B:5, IV(a). Within 7 days after the hearing, the municipal officers may order the proposed amendment to be placed on a ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election held not less than 60 days after the order is passed; or they may order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments. (a) Each amendment shall be limited to a single subject, but more than one section of the charter may be amended as long as it is germane to that subject. (b) Alternative statements of a single amendment are prohibited. II. On the written petition of a number of voters equal to at least 20 percent of the number of votes cast in a municipality at the last regular municipal election, but in no case less than 10 voters, the municipal officers shall, by order, provide that proposed amendments to the municipal charter be placed on a ballot in accordance with the procedures set out below. (a) Each amendment shall be limited to a single subject but more than one section of the charter may be amended as long as it is germane to that subject. (b) Alternative statements of a single amendment are prohibited. II-a. The following procedure shall be used in the alternative method set out in paragraph II: (a) Any 5 voters of the municipality may file with the municipal clerk an affidavit stating that they shall constitute a petitioners' committee. Such affidavit shall be signed by the members of such committee and an additional 20 voters of the municipality and shall include: (1) The language of the proposed amendment. (2) The names and addresses of the committee members. (3) The address to which all notices to the committee are to be sent. (b) The petitioners' committee, or voters of the municipality designated by the committee, may circulate the petition and file it in proper form. (c) Promptly after the affidavit is filed by the petitioners' committee, the clerk shall file a certified copy of the affidavit, including the proposed amendment, for review of the proposed amendment in accordance with RSA 49-B:5-a. Promptly after receiving approval of the proposed amendment from the state officials under RSA 49-B:5-a, the clerk shall issue petition blanks to the committee. III. The petition forms shall carry the following legend in bold lettering at the top of each form on the face thereof. Municipality of ____________________ ""Each of the undersigned voters respectfully requests the municipal officers to provide for the amendment of the municipal charter as set out below.'' No more than one subject may be included in a petition. Except as provided in RSA 49-B:5, II-a, in all other respects the form, content and procedures governing amendment petitions shall be the same as provided for charter revision and adoption petitions under RSA 49-B:3 including procedures relating to filing, sufficiency and amendments. IV. (a) Within 10 days of receipt of a report that a petition is sufficient, the municipal officers shall by order provide for a public hearing on the proposed amendment. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. The hearing shall be conducted by the municipal officers or a committee appointed by them. (b) Within 7 days after the public hearing, the municipal officers or the committee appointed by them shall file with the municipal clerk a report containing the final draft of the proposed amendment and a written opinion by an attorney admitted to the bar of this state that the proposed amendment is not in conflict with the general laws or the constitution. In the case of a committee report, a copy shall be filed with the municipal officers. (c) Within 7 days after the hearing, the municipal officers shall order the proposed amendment to be placed on the ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election, if such election is held not less than 60 days nor more than 365 days thereafter. Otherwise, the municipal officers shall order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments.
Source. 1979, 241:1. 1988, 223:4, 5. 1991, 304:13. 1992, 96:2, 3. 1995, 53:2, eff. July 8, 1995. 2005, 38:1, eff. July 16, 2005. 2008, 230:1, 2, eff. Aug. 19, 2008.
