SB 49 – AS INTRODUCED
2007 SESSION
06/10
SENATE BILL 49
COMMITTEE: Public and Municipal Affairs
This bill makes a distinction between the authority of elected and appointed road agents.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0517
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the authority of highway agents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Highway Agents. Amend RSA 231:62 to read as follows:
231:62 Highway Agents. Unless the town votes to establish a board of public works commissioners under RSA 38-C to perform the duties of highway agents, at the annual meeting, or less often if a town has so provided pursuant to RSA 231:62-a or 231:62-b, each town shall either:
I. Elect by ballot[, or by major vote authorize the selectmen to appoint,] one or more highway agents, who [, under the direction of the selectmen,] shall have charge of the construction, maintenance, and repair of all town highways and bridges and the maintenance and repair of all sidewalks within the town, except as provided in the laws pertaining to state aid for highways and bridges and town road and bridge aid, and shall have authority to employ the necessary [men] persons and equipment, and purchase [timber, planks, and other material] materials for construction and repair of such highways and bridges; and they may remove gravel, rocks, or other materials from one part of the town to another, doing no damage to adjoining land, for the purpose of grading or otherwise repairing the same. [A vote authorizing appointment of highway agents shall continue in effect until changed by major vote at an annual or special meeting.] Elected highway agents shall have authority to expend funds appropriated by the town for such purposes.
II. By majority vote authorize the selectmen to appoint one or more highway agents, who, under the direction of the selectmen, shall have charge of the construction, maintenance, and repair of all town highways and bridges and the maintenance and repair of all sidewalks within the town, except as provided in the laws pertaining to state aid for highways and bridges and town road and bridge aid, and shall have authority to employ the necessary persons and equipment, and purchase materials for construction and repair of such highways and bridges; and they may remove gravel, rocks, or other materials from one part of the town to another, doing no damage to adjoining land, for the purpose of grading or otherwise repairing the same. A vote authorizing appointment of highway agents shall continue in effect until changed by majority vote at an annual or special meeting.
2 Supervision. Amend RSA 231:65 to read as follows:
231:65 Oath; Bond; Supervision. Highway agents and expert highway agents shall be sworn to the faithful discharge of their duty[,] and give bonds to the satisfaction of the selectmen for the faithful performance of the duties of the office[, and]. Appointed highway agents shall be responsible to [them] the selectmen for the expenditure of money and the discharge of their duties generally. The selectmen may supervise the methods and manner of performance of [such] appointed agents. If any appointed highway agent shall intentionally or deliberately refuse or neglect to comply with lawful instructions of the selectmen, or shall intentionally or deliberately refuse or neglect to carry out the duties prescribed by law for highway agents after written request by the selectmen, the selectmen may remove such agent from office. The selectmen shall file a copy of any such order of removal, under their hands, with the town clerk.
3 Effective Date. This act shall take effect 60 days after its passage.