Revision: March 21, 2011, midnight
HB 409 – AS AMENDED BY THE HOUSE
16Mar2011… 0358h
2011 SESSION
03/10
HOUSE BILL 409
AN ACT relative to planning board members.
SPONSORS: Rep. A. Perkins, Rock 14
COMMITTEE: Municipal and County Government
This bill modifies limitations on town planning board members serving on another board or commission. This bill also corrects certain references to appointed land use board members.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2011… 0358h
11-0666
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to planning board members.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Planning Board Members Serving on Other Local Boards. Amend RSA 673:7, I to read as follows:
I. In the case of towns, appointed or elected members of the planning board may also serve on any other municipal board or commission except the conservation commission or a local land use board as defined in RSA 672:7, provided that such multiple membership does not result in 2 planning board members serving on the [same board or commission] local governing body.
2 Planning Board. Amend RSA 673:2 to read as follows:
673:2 Planning Board.
I.(a) In cities, the planning board shall consist of 9 members:
(1) The mayor of the city, or with the approval of the local legislative body the mayor's designee[, who shall be an ex officio member];
(2) An administrative official of the city selected by the mayor[, who shall be an ex officio member];
(3) A member of the city council selected by the council[, who shall be an ex officio member]; and
(4) Six persons appointed by the mayor, if the mayor is an elected official, or such other method of appointment or election as shall be provided for by the local legislative body or municipal charter.
(b) Alternatively, the local legislative body in a city with a city council-city manager form of government may establish a planning board with membership as provided in paragraph I-a.
I-a. In cities with a city council-city manager form of government, the planning board may consist of the following 9 members:
(a) The city manager, or with the approval of the local legislative body the city manager's designee[, who shall be an ex officio member];
(b) A member of the city council selected by the council[, who shall be an ex officio member]; and
(c) Seven persons appointed by the mayor, if the mayor is an elected official, or such other method of appointment or election as shall be provided for by the local legislative body or municipal charter.
I-b. In towns which operate under the town council form of government, the planning board shall consist of 7 or 9 members, as determined by the local legislative body or by the municipal charter. If the planning board shall consist of 9 members, the members shall be the persons listed in paragraph I. If the planning board shall consist of 7 members, the members shall be as follows:
(a) A member of the town council or administrative official of the town selected by the town council[, who shall be an ex officio member]; and
(b) Six persons appointed by the mayor, if the mayor is an elected official, or such other method of appointment or election as shall be provided for by the local legislative body or municipal charter.
II. In other towns, the planning board shall consist of 5 or 7 members as determined by the local legislative body. The membership shall be filled by one of the following procedures:
(a) The selectmen shall designate one selectman or administrative official of the town [as an ex officio member] and appoint 4 or 6 other persons who are residents of the town, as appropriate; or
(b) The local legislative body may decide, by majority vote at the town meeting, that planning board members shall be elected according to either the procedure in subparagraph (1) or in subparagraph (2). The official ballot shall be used on every referendum for the adoption of RSA 673:2, II(b)(1) or (2), and every subsequent rescission of such adoption pursuant to subparagraph (c). The wording on the official ballot of any referendum for the adoption of RSA 673:2, II(b)(1) or (2) shall specifically state which procedure for electing planning board members is being voted upon. Following the majority vote at town meeting, planning board members shall be elected as follows:
(1) The selectmen shall choose one selectman or administrative official of the town [as an ex officio member] and the remaining planning board positions shall be filled at the next regular town election pursuant to RSA 669:17. Thereafter, a planning board member shall be elected for the term provided under RSA 673:5, II; or
(2) The selectmen shall choose one selectman or administrative official of the town [as an ex officio member] and the remaining planning board positions shall be filled on a staggered basis at the subsequent regular town elections pursuant to RSA 669:17 as the term of an appointed member expires, until each member of the board is an elected member. The maximum number of elections to occur annually shall be as provided in RSA 673:5, II. When each planning board member is an elected member, such member shall be elected for the term provided in RSA 673:5, II.
(c) A local legislative body which has voted to elect planning board members may, by majority vote at town meeting, decide to rescind that action and have the planning board appointed in the manner set forth in subparagraph (a). The vote to have planning board members so appointed shall take effect upon adoption by the town meeting, and the selectmen shall forthwith appoint members in accordance with RSA 673:5. The planning board shall, however, continue in existence, and the elected members in office at the time of the town meeting vote to appoint members may continue to serve until their successors are appointed and qualified.
III. In village districts, the planning board shall consist of either 5 or 7 members as determined by the village district meeting. The district commissioners shall:
(a) Designate one district commissioner or administrative official of the district [as an ex officio member]; and
(b) Appoint 4 or 6 other persons who are residents of the village district, as appropriate.
IV. In counties in which there are located unincorporated towns or unorganized places, the planning board shall consist of 5 or 9 members. The county commissioners shall recommend appointees to the planning board, and the appointees shall be approved by the county delegation. Planning board members shall be residents of the county, and shall be evenly distributed geographically throughout the county. The membership of the planning board shall be as follows:
(a) The chairperson of the board of county commissioners or designee [shall be an ex officio member].
(b) A member of the county convention selected by the convention [shall be an ex officio member].
(c) An administrative official of the county selected by the chairperson of the board of county commissioners [shall be an ex officio member].
(d) Two or 6 persons appointed by the board of county commissioners and approved by the county convention.
(e) One or 3 alternates appointed by the board of county commissioners and approved by the county convention.
3 Heritage Commissions. Amend RSA 673:4-a, II to read as follows:
II. Each heritage commission member shall be a resident of the city or town which establishes the commission. One commission member shall be a member of the local governing body. One commission member may be a member of the planning board. Not more than 5 alternate members may be appointed. When an alternate sits in absence or disqualification of a regular member, the alternate shall have full voting powers. If there is a historic district commission, one member of this commission shall be [an ex officio] a member of the heritage commission. In determining each member's qualifications, the appointing authority shall take into consideration the appointee's demonstrated interest and ability to understand, appreciate, and promote the purpose of the heritage commission.
4 Terms. Amend RSA 673:5, I(a) to read as follows:
I.(a) [Except as provided in subparagraph (b),] The term of any ex officio member serving on a local land use board shall coincide with the term for that other office; [except that] the term of the administrative official appointed by the mayor shall terminate with the term of office of the mayor appointing the official, and [that] the term of the administrative official appointed by the town council, board of selectmen, or village district commissioners shall be for one year.
5 Applicability. The provisions of RSA 673:7, I, as amended by section 1 of this act, shall not apply to any current term of any person legally appointed or elected to multiple boards or commissions prior to the effective date of this act. No person thus exempted from the limitations on membership established in section 1 of this act may be reappointed or reelected to any board or commission except in conformity with the amended provisions of RSA 673:7, I.
6 Effective Date. This act shall take effect 60 days after its passage.