Bill Text: NH SB59 | 2016 | Regular Session | Chaptered


Bill Title: Relative to the removal of county officers and temporary filling of the office.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2016-06-10 - Signed by the Governor on 06/03/2016; Chapter 0178; Effective 08/02/2016 [SB59 Detail]

Download: New_Hampshire-2016-SB59-Chaptered.html

CHAPTER 178

SB 59 - FINAL VERSION

 

2016 SESSION

15-0500

10/08

 

SENATE BILL 59

 

AN ACT relative to the removal of county officers and temporary filling of the office.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Stiles, Dist 24; Sen. Reagan, Dist 17; Rep. Weyler, Rock 13; Rep. Major, Rock 14; Rep. Welch, Rock 13; Rep. M. Griffin, Rock 7

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill allows the county convention, upon a petition initiated by the county commissioners, the county attorney, or a superior court judge, to remove a county officer for official misconduct.  The bill also allows the county convention to temporarily appoint a person for a county office.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 

15-0500

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT relative to the removal of county officers and temporary filling of the office.

 

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

 

178:1  County Officers; Misconduct; Removal by County Convention.  Amend RSA 661:9, III and IV to read as follows:

III.  If any person holding a county office enumerated in paragraph I or II becomes temporarily absent or incapacitated, the [superior court] county convention may, upon application of the county attorney or county commissioners, declare a temporary absence and fill the same for a limited period of time expressed in the appointment.

IV.  Any officer of a county, including the register of probate, may be removed by the [superior court] county convention for official misconduct.  Any removal under this paragraph shall be initiated by petition of a majority of the county commissioners, of the county attorney, or of a superior court judge.  No officer of a county may be removed without notice of the allegations supporting the petition for removal and an opportunity to be heard by the county convention.

178:2  Counties; Exceeding Appropriations; Reference to Removal.  Amend RSA 24:16 to read as follows:

24:16  Penalty.  Any violation of the provisions of [the previous section] RSA 24:15 or of provisions of RSA 29:8 shall subject the person or persons so violating to the provisions of RSA 661:9, providing for removal from office.  A petition of 5 resident taxpayers of the county may be made to the [superior court] the county commissioners, the county attorney, or a superior court judge for such removal or for removal for official misconduct.

178:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 3, 2016

Effective Date: August 2, 2016

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