New Hampshire Revised Statutes 49-B:13 – Separability; Preservation
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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, the remainder of the chapter or such charter or the application of such invalid portions to other persons or circumstances shall not be affected by such invalidation.
II. All town and city charters which have been adopted, revised, or amended; all charter commissions which have been properly established and elected; all elections properly held; and actions properly taken pursuant to such charters are hereby legalized, provided that such charters at the time of their adoption were not contrary to the general laws and constitution of the state.
II-a. Notwithstanding N.H. Rev. Stat. § 49-B:1, all town or city charters which have been adopted, revised, or amended before July 5, 2011 to include a tax or spending cap of any kind and all charter commissions which have been properly established and elected; all elections properly held; and all actions properly taken related to the tax or spending cap in such charters are hereby endorsed, ratified, validated, and legalized and are fully enforceable.
III. N.H. Rev. Stat. Chapter 32 shall not apply to a municipality adopting, revising, or amending a charter under N.H. Rev. Stat. Chapter 49-C or N.H. Rev. Stat. Chapter 49-D unless that municipality adopts a budgetary town meeting, official ballot town meeting, an official ballot town council, or representative town meeting pursuant to N.H. Rev. Stat. § 49-D:3, I-a, II, II-a and III. Except that a municipality may adopt a tax cap as provided in N.H. Rev. Stat. § 49-C:33, I(d) or N.H. Rev. Stat. § 49-D:3, I(e), notwithstanding the provisions of N.H. Rev. Stat. § 32:5-b and N.H. Rev. Stat. § 32:5-c.
II. All town and city charters which have been adopted, revised, or amended; all charter commissions which have been properly established and elected; all elections properly held; and actions properly taken pursuant to such charters are hereby legalized, provided that such charters at the time of their adoption were not contrary to the general laws and constitution of the state.
Terms Used In New Hampshire Revised Statutes 49-B:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II-a. Notwithstanding N.H. Rev. Stat. § 49-B:1, all town or city charters which have been adopted, revised, or amended before July 5, 2011 to include a tax or spending cap of any kind and all charter commissions which have been properly established and elected; all elections properly held; and all actions properly taken related to the tax or spending cap in such charters are hereby endorsed, ratified, validated, and legalized and are fully enforceable.
III. N.H. Rev. Stat. Chapter 32 shall not apply to a municipality adopting, revising, or amending a charter under N.H. Rev. Stat. Chapter 49-C or N.H. Rev. Stat. Chapter 49-D unless that municipality adopts a budgetary town meeting, official ballot town meeting, an official ballot town council, or representative town meeting pursuant to N.H. Rev. Stat. § 49-D:3, I-a, II, II-a and III. Except that a municipality may adopt a tax cap as provided in N.H. Rev. Stat. § 49-C:33, I(d) or N.H. Rev. Stat. § 49-D:3, I(e), notwithstanding the provisions of N.H. Rev. Stat. § 32:5-b and N.H. Rev. Stat. § 32:5-c.