CHAPTER 245
HB 193 – FINAL VERSION
4Jan2012… 2692h
03/28/12 1399s
6June2012… 2430CofC
2012 SESSION
04/03
HOUSE BILL 193
AN ACT relative to the Mount Washington commission.
SPONSORS: Rep. Hawkins, Hills 18; Rep. Harding, Graf 11
COMMITTEE: Executive Departments and Administration
This bill:
I. Amends the membership and terms of office for the members of the Mount Washington commission.
II. Requires the commission to submit the master plan to the governor and council every 10 years on January 1.
III. Requires the Mount Washington commission members and the commissioner of the department of resources and economic development to reevaluate the structure and duties of the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2692h
03/28/12 1399s
6June2012… 2430CofC
11-0578
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the Mount Washington commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
245:1 Mount Washington Commission; Commission Members. Amend RSA 227-B:3 to read as follows:
227-B:3 Commission Members, Appointment, Term.
I. The [11 members of the] commission shall [be appointed as follows] consist of the following members:
[I.](a) One member from the house of representatives, appointed by the speaker of the house of representatives.
(b) One member from the senate, appointed by the president of the senate.
(c) [Five] Three members [shall be] appointed by the governor with the consent of the council[, one of whom shall be a member of the house of representatives and one a member of the senate].
[II.] (d) One member from each of the following groups, or a successor, shall be appointed through the concurrence of their boards of directors: the Mount Washington Auto Road; the Mount Washington Observatory; [Mount Washington TV, Inc.] Citadel Broadcasting Company; and the Mount Washington Cog Railway.
[III.] (e) One member shall be appointed by the supervisor of the White Mountain National Forest to represent the same[, ex officio].
[IV.] (f) One member shall be appointed by the president of the Appalachian Mountain Club to represent said club[, ex officio].
(g) The commissioner of the department of resources and economic development, or designee.
[V.] II. All such members so appointed shall serve a term of [5] 4 years [commencing with the effective date of this chapter]. The terms of the members of the legislature shall be coterminous with their terms in office. Members of the commission shall continue to serve until a successor is appointed by the appointing authority. [Vacancies] In the case of a vacancy other than by expiration of term, the vacancy shall be filled for the unexpired term in the same manner and by the same body as the original appointment was made. Seven members of the commission shall constitute a quorum.
245:2 Mount Washington Commission; Officers and Compensation. Amend RSA 227-B:5 to read as follows:
227-B:5 Officers and Compensation. The commission shall annually elect one of its members as chairman, one as vice chairman, and one as secretary-treasurer. The members of the commission shall receive no compensation for their services, [but their] provided that legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission, and provided further that reasonable expenses, incurred by the members in the performance of their duties[,] shall be paid from the summit operation.
245:3 Mount Washington Commission; Powers and Duties. Amend RSA 227-B:6, II-IV to read as follows:
II. Submit the said master plan to the governor on or before January 1, [1971] 2010, and on January 1 every 10 years thereafter, for approval and for enabling legislation in the [1971 session of the] New Hampshire legislature.
III. [Collect] Monitor all fees [now] being paid to the state for the use or lease of state-owned facilities on the summit, such fees to be used by the commission in its duties and for its expenses. [Such accounts shall be subject to yearly audit by the commissioner of administrative services.]
IV. Supervise the work done on capital improvements authorized by the general court for Mount Washington. The governor and council are to authorize the expenditure of funds for final design and contract plans out of funds appropriated for that purpose when requested by the commission. The governor and council are to authorize the construction of the capital improvements to the Mount Washington summit authorized by the general court in a manner consistent with the 10-year master plan prepared by the commission [when said commission can certify it has raised or accounted for $1,752,000 or more in gifts, grants or donations from sources other than the state].
245:4 New Paragraph; Mount Washington Commission; Powers and Duties. Amend RSA 227-B:6 by inserting after paragraph VIII the following new paragraph:
IX.(a) Submit an annual report beginning October 1, 2012 to the senate president and the speaker of the house of representatives detailing the costs of any services provided and any expenses reimbursed to the legislative members of the commission while in the performance of their duties for the commission for the prior fiscal year ending June 30.
(b) Submit an annual report beginning October 1, 2012 to the chairpersons of the house and senate finance committees and the chairpersons of the house and senate executive departments and administration committees that includes a line-by-line accounting of all income received and expenses incurred in the prior fiscal year ending June 30. The report shall include, but not be limited to, all grants, donations, rents, and toll road and cog railway contributions received in the prior fiscal year.
245:5 Reevaluation of Structure and Duties of the Mount Washington Commission.
I. The attorney general or designee, and the members of the Mount Washington commission shall meet jointly, and as often as may be needed, to reevaluate:
(a) The structure, membership, and duties of the Mount Washington commission.
(b) The procedures for determining payment of reasonable expenses of Mount Washington commission members in the performance of their duties.
(c) The procedures for how the Mount Washington commission solicits gifts, grants, and donations, and how such funds are used in the performance of the commission’s duties.
(d) Any other issue related to the Mount Washington commission which, in the opinion of a majority of the commission members should be discussed.
II. The attorney general or designee and the members of the Mount Washington commission shall jointly prepare a report detailing the findings and any recommendations for legislative action and shall submit such report no later than October 1, 2012 to the chairpersons of the house and senate executive departments and administration committees, and the chairperson of the house resources, recreation and development committee.
245:6 Applicability. The provisions of RSA 227-B:3, II as inserted by section 1 of this act shall apply to those members of the Mount Washington commission whose terms of office expire on or after the effective date of this act, or upon the occurrence of a vacancy in the commission’s membership on or after the effective date of this act.
245:7 Effective Date. This act shall take effect upon its passage.
Approved: June 18, 2012
Effective Date: June 18, 2012