49-B:1 Purpose and Intent. – It is the purpose of this chapter to implement the home rule powers recognized by article 39, part first, of the constitution of the state of New Hampshire. To that end, the general court hereby provides a vehicle whereby a municipality may adopt a form of government that best […]
49-B:10 Judicial Review. – I. The superior court may, upon petition of 10 voters of the municipality or on petition of the attorney general, enforce this chapter. II. A petition for declaratory relief may be brought on behalf of the public by the attorney general or, by leave of the court, by 10 voters […]
49-B:11 Repealed by 1988, 223:14, eff. June 29, 1988. –
49-B:12 Return to Former Form of Government. – I. Notwithstanding the provisions of this chapter, any town, through the petition procedure in RSA 49-B, may repeal its charter and return to its former form of government without establishing a charter commission. II. The question of whether the town should repeal its charter and return […]
49-B:13 Separability; Preservation. – I. The provisions of this chapter and of charters created under this chapter are separable. If any portion of this chapter, or of any charter adopted under the provisions of this chapter, or if the application of the chapter or such charter to any person or circumstance shall be invalid, […]
49-B:14 Repealed by 2010, 213:2, II, eff. Nov. 8, 2011. –
49-B:15 Manchester School District; Charter Commission Established. – I. A charter commission shall be established to develop a local procedure, which does not require the approval of the legislature, to revise, amend, or replace the Manchester school district charter, established in 1846 as amended in 1848, as amended by chapter 301 of the 1909 […]
49-B:2 Scope of Authorization; Definitions. – I. Any incorporated town or city, regardless of population, shall be entitled to exercise the home rule powers recognized by article 39, part first, of the New Hampshire constitution, and implemented through this chapter, to create a charter commission and to present to its voters by referendum a […]
49-B:3 Procedures for Submitting Question of Establishing Charter Commission to Voters. – I. In any municipality not operating under a charter governed by RSA 49-C or RSA 49-D, the municipal officers may determine that adoption of a municipal charter is necessary and, by order, submit the question of establishment of a charter commission to […]
49-B:4 Charter Commission; Membership; Procedure; Preliminary Report. – I. The charter commission shall consist of 9 members, all of whom shall be registered voters of the municipality and elected as hereinafter provided. (a) Within 5 days after the deadline for requesting a recount of a vote confirming the establishment of a charter commission, or […]
49-B:4-a Review and Approval by State Departments. – I. The chairman of the charter commission, if any, and otherwise the municipal clerk shall file a report, which shall include the name and address of the clerk and the chairman of the charter commission, with the secretary of state, the attorney general, and the commissioner […]
49-B:4-b Final Report. – I. Upon approval from the secretary of state, attorney general, and commissioner of the department of revenue administration under RSA 49-B:4-a, the charter commission shall submit to the municipal officers its final report, which shall include the full text and explanation of the proposed new charter, such comments as the […]
49-B:4-c Continuation of Charter Commission. – I. If the charter commission is unable to obtain approval pursuant to RSA 49-B:4-a in time to submit its final report by the date established in RSA 49-B:4-b, or otherwise does not complete its preliminary or final report in accordance with the schedule established in this subdivision, it […]
49-B:4-d Definition of Revision. – For purposes of this chapter, a " revision " to a municipal charter shall mean any change to an existing charter that results in a change in the municipality’s form of government to any of the following forms: I. Traditional town meeting. II. Official ballot town meeting. III. Town […]
49-B:4-e Procedure for Revising Charter. – I. The municipal officers may determine that a revision of the municipal charter is necessary and, by order, submit the question of establishment of a commission to revise the charter to the voters, in the same manner as provided for the establishment of a charter commission under RSA […]
49-B:4-f Definition of Amendment. – For purposes of this chapter, an " amendment " to a municipal charter shall mean any change to an existing charter that does not constitute a revision under RSA 49-B:4-d. Source. 2014, 292:2, eff. Sept. 30, 2014.
49-B:5 Charter Amendments, Procedure. – I. The municipal officers may determine that one or more amendments to the municipal charter are necessary and shall, by order, provide for notice and hearing on them. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days […]
49-B:6 Submission to Voters. – The method of voting at municipal elections when a question relating to a charter revision, a charter adoption, or a charter amendment is involved shall be in the manner prescribed for municipal elections. In a town, the question shall appear on the ballot before any other questions except the […]
49-B:7 Recording. – Within 3 days after the results of the election have been declared, the municipal clerk shall prepare and sign duplicate certificates setting forth any charter that has been adopted or revised and any charter amendment approved. One certificate shall be recorded in the office of the secretary of state and one […]
49-B:8 Ordinance, Power Limited. – Any municipality may, by the adoption, amendment or repeal of ordinances or bylaws, exercise any power or function granted to a municipality by the constitution or general law. No change in the composition, mode of election or terms of office of the legislative body, the mayor or the manager […]
