Revision: Jan. 28, 2010, midnight
HB 1174 – AS AMENDED BY THE HOUSE
HOUSE BILL 1174
I. Provides that the term of an appointed official continues until a successor is appointed and qualified.
II. Permits municipalities to pay members of a recreation or park commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to terms for appointed town officials and relative to pay for members of park or recreation commissions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Term of Office. Amend RSA 41 by inserting after section 57 the following new section:
41:57-a Term of Office. Except as otherwise provided, the term of office of any appointed town officer shall begin upon his or her appointment and qualification for office and shall end upon the appointment and qualification of his or her successor.
2 Appointive Officers. Amend RSA 49-C:20 to read as follows:
49-C:20 Appointive Officers. The charter shall provide for the appointment of a city clerk, a treasurer, one or more assessors, a fire chief, a police chief, a health officer, a city solicitor, a general assistance administrator, and such other officers as may be necessary to administer all departments which the elected body and the charter shall establish. Assessors shall, prior to appointment, have demonstrated knowledge of property appraisal or assessment and of the laws governing the assessment and collection of property taxes. The powers and duties of appointed officers and heads of departments shall be those prescribed by state law, by the charter or by ordinance. Unless otherwise provided in the charter or by law, the term of office of any appointed officer shall begin upon his or her appointment and qualification for office and shall end upon the date so established. If no successor has been appointed and qualified at the expiration of an appointed member’s term, the member shall be entitled to remain in office until a successor has been appointed and qualified.
3 New Paragraph; Terms of Local Land Use Board Members. Amend RSA 673:5 by inserting after paragraph II the following new paragraph:
III. The term of office for an appointed local land use board member shall begin on a date established by the appointing authority, or as soon thereafter as the member is qualified, and shall end 3 years after the date so established. If no successor has been appointed and qualified at the expiration of an appointed member’s term, the member shall be entitled to remain in office until a successor has been appointed and qualified.
4 Local Land Use Board; Definition. Amend RSA 672:7 to read as follows:
672:7 Local Land Use Board. “Local land use board” means a planning board, historic district commission, inspector of buildings, building code board of appeals, [
or] zoning board of adjustment, or other board or commission authorized under RSA 673 established by a local legislative body.
5 Recreation or Park Commission. Amend RSA 35-B:4 to read as follows:
35-B:4 Recreation or Park Commission. If any town, city, county, or village district decides that the above powers shall be exercised by a recreation or park commission, it shall consist of citizens of such town, city, county, or village district [
who shall serve without pay]. In cities the citizens shall be appointed by the mayor or city council, subject to provisions of the city charter; in towns by the selectmen; and in other political subdivisions by the governing body of the subdivision. The persons initially appointed to the commission shall serve staggered terms. Their successors shall be appointed under the same appointing procedure for 3 years. Vacancies as they occur shall be filled by the appointing authority for the unexpired term. Any city or town may by ordinance or resolution provide that the mayor or a selectman, or councilman, shall be an ex officio member of the commission.
6 Effective Date. This act shall take effect 60 days after its passage.None