Bill Text - HB1172 (2016)

Relative to corrective action implementation of audit findings concerning Cannon Mountain.


Revision: June 11, 2016, midnight

\t \t\t \t\t \t\t \t \t \t\t

CHAPTER 207

HB 1172 - FINAL VERSION

05/05/2016   1612s

2016 SESSION

\t16-2415

\t08/09

 

HOUSE BILL\t1172

 

AN ACT\trelative to corrective action implementation of audit findings concerning Cannon Mountain.

 

SPONSORS:\tRep. C. Christensen, Hills. 21; Rep. Gottling, Sull. 2; Rep. Russell, Belk. 5; Rep. Eaton, Ches. 3; Sen. Carson, Dist 14; Sen. Stiles, Dist 24

 

COMMITTEE:\tResources, Recreation and Development

 

-----------------------------------------------------------------

 

ANALYSIS

 

\tThis bill:

 

\tI.  Eliminates the position of marketing and ski service administrator.

 

\tII.  Changes the date of reporting on certain ski area funds.

 

\tIII.  Enables the department of resources and economic development to participate in certain package plans with businesses within the tourism industry.

 

\tIV.  Was requested by the department of resources and economic development.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/05/2016   1612s\t16-2415

\t08/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to corrective action implementation of audit findings concerning Cannon Mountain.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t207:1  Marketing and Ski Service Administrator Eliminated; Mountain Manager.  Amend RSA 12-A:25 to read as follows:

\t12-A:25  [Marketing and Ski Service Administrator;] Mountain Manager.  The commissioner of resources and economic development shall appoint [an administrator of ski area marketing and ski services, and] a mountain manager for Cannon Mountain, who shall serve at the pleasure of the commissioner.  [These positions] This position shall be an unclassified [positions] position.

\t207:2  Purchases and Certain Expenses.  Amend RSA 219:21 to read as follows:

\t219:21  Purchases and Certain Expenses.

\t\tI.  The commissioner of resources and economic development may purchase such merchandise for resale and such operating supplies and materials as may be necessary for the operation of the department of resources and economic development.  Items for resale may be purchased in accordance with [RSA 21-I:18, V] RSA 21-I:18.  All operating supplies and materials shall be purchased through the department of administrative services, division of procurement and support services.  Such purchases shall be a charge upon an inventory account established upon recommendation of the commissioner of administrative services and approved by the governor and council.  The commissioner shall report monthly to the commissioner of administrative services the value of issues out of inventory and the appropriation account to be charged therefor.  The inventory account shall be credited with issues out of inventory.  Such purchases shall be a charge upon an inventory account maintained in the office of the commissioner of administrative services and the state treasurer, upon presentation by the commissioner of administrative services of manifests covering such merchandise, supplies and materials, is authorized to pay the same from any money in the treasury not otherwise appropriated.

\t\tII.  The operating costs of the ski school, ski rental and repair, souvenir, and food services concessions at [Mount Sunapee and] Cannon Mountain ski area and all state parks shall be a direct charge against gross sales receipts.  RSA 186-B:9-15 shall not apply to these facilities, but the department of resources and economic development may contract for the operation of these facilities with the blind services program, bureau of vocational rehabilitation or any other party to insure maximum benefits and revenues to the state of New Hampshire.  The director of parks and recreation under RSA 216-A:2 shall make the purchases for [Mount Sunapee and] Cannon Mountain ski operations.

\t207:3  Cannon Mountain Capital Improvement Fund.  Amend RSA 12-A:29-c, III to read as follows:

\t\tIII.  The commissioner of resources and economic development shall submit a report detailing the activities of the revolving fund annually to the governor and council and the fiscal committee [within 60 days of] by January 31 following the close of each fiscal year.

\t207:4  Financial Reports.  Amend RSA 216-A:3-e, II-III to read as follows:

\t\tII.  The financial report shall include detail on the operations of the state's ski areas of Franconia Notch [and Mount Sunapee state parks] state park.  This element of the report shall:

\t\t\t(a)  Detail operating expenses and revenue associated with ski area operations;

\t\t\t(b)  Detail debt service and other capital expense costs associated with ski area operations;

\t\t\t(c)  Include a description of the assumptions made in defining costs and revenues related to ski area operations;

\t\t\t(d)  Identify the net profit or loss on ski area operations including all costs and revenues in any fiscal year;

\t\t\t(e)  Identify financial management and budgeting procedures to improve the profitability of ski operations.

\t\tIII.  The commissioner of resources and economic development shall submit the financial reports required by this section to the governor and council by [January 1 of each calendar year] January 31 following the close of each fiscal year.  These reports shall include data on financial operations during the previous fiscal year.  The governor and council shall provide the presiding officers of the general court with copies of the commissioner's financial reports.

\t207:5  Package Plan Programs.  Amend RSA 12-A:15, II to read as follows:

\t\tII.  The department of resources and economic development may participate in package plan programs with voluntary corporations as defined in this section, and businesses within the tourism industry.  Notwithstanding any other provision of law, this participation may include entering into such agreements with voluntary corporations and businesses within the tourism industry as are in the best interests of the state, which agreements may relate to the development, promotion, administration, and sales of package plan programs.  Such agreements shall permit the department of resources and economic development to provide to the voluntary corporation and businesses within the tourism industry a mutually agreed upon number of tickets or vouchers for tickets at a mutually agreed upon discounted rate in order to participate in the package plan program for promotional purposes or in lieu of dues to the voluntary corporation.  Any revenue derived by participation in package plan programs payable to the department of resources and economic development in accordance with such agreements shall be deposited with the state treasurer in the same manner as regular ticket sales.  The commissioner of the department of resources and economic development shall make [quarterly] annual reports on revenue derived from participation in package plan programs to the senate president, the speaker of the house, and governor and council by January 31 following the close of each fiscal year.

\t207:6  Passes.  Amend RSA 218:16 to read as follows:

\t218:16  Passes.  In recognition of promotional or reciprocal cooperation, the director of parks and recreation, with the approval of the commissioner, may grant or permit the Cannon Mountain manager to grant special daily or seasonal passes to persons to use recreational or other areas under his or her jurisdiction under the following conditions: no more than one such pass, including not more than one other person, shall be assigned to an individual and use of the same shall not be transferable to others than members of the family of said recipient.  Any pass of seasonal duration shall include individualized identification.  The commissioner shall establish other conditions for the issuance of said passes and the director shall cancel said passes for any violation of said conditions.

\t207:7  Duties; Director of Parks and Recreation.  Amend RSA 216-A:2, VII to read as follows:

\t\tVII.  The director shall [place an immediate emphasis within the division of parks and recreation, department of resources and economic development, on long-range planning and capital development at Cannon Mountain and] prepare a 5 year capital budget for [planning and design] capital development at Cannon Mountain in consultation with the Cannon Mountain Advisory Commission, pursuant to RSA 12-A:29-b to be submitted by the commissioner to the general court on a biennial basis.

\t207:8  Effective Date.  This act shall take effect upon its passage.

Approved: June 6, 2016

Effective Date: June 6, 2016

None