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NEW HAMPSHIRE STATUTES AND CODES

Section 49-B:5-a Approval and Review.


   I. The municipal clerk shall file a report with the secretary of state, attorney general, and the commissioner of the department of revenue administration as follows:
      (a) Within 10 days of the filing of the preliminary report relative to any new municipal charter, charter revision, or charter amendment, if initiated by a charter commission or the municipal officers, the municipal clerk shall file a certified copy of said report.
      (b) Promptly after the filing of the petitioners' affidavit relative to a charter amendment, the municipal clerk shall file a certified report consisting of a copy of said affidavit.
      (c) Within 30 days of the receipt of said report by the secretary of state, attorney general, and the commissioner of the department of revenue administration, they shall review the proposed charter, charter revision, or charter amendment to insure that it is consistent with the general laws of this state.
   II. If the secretary of state, the attorney general, or the commissioner of the department of revenue administration do not approve, the proposed charter or charter amendment question, if initiated by a charter commission or the municipal officers, shall not be placed on the municipal ballot. If the proposed charter amendment was initiated by a petitioners' committee, official petition forms shall not be provided. The secretary of state, attorney general, and commissioner of the department of revenue administration shall specify their objections in writing to the municipal clerk and to the petitioners' committee if relative to a charter amendment initiated by such petitioners' committee, within the period of time allowed for review and shall offer recommendations for changes in language which would correct any inconsistencies they may find in the proposed charter or charter amendment to be voted upon. Failure to specify objections to a proposed charter or charter amendment under this section shall constitute approval by the secretary of state, attorney general, or the commissioner of the department of revenue administration.
   III. The governing body of the municipality may seek judicial review of a decision of the secretary of state, attorney general or the commissioner of the department of revenue administration by appeal in superior court, pursuant to RSA 49-B:10, IV.

Source. 1988, 223:6. 1991, 304:8. 1992, 194:4, eff. July 11, 1992. 2006, 22:2, eff. May 30, 2006. 2008, 230:3, 4, eff. Aug. 19, 2008.

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