HB 1442 - FINAL VERSION
HOUSE BILL 1442
SPONSORS: Rep. Howard, Belk. 8; Rep. Aldrich, Belk. 2; Rep. Bean, Belk. 2; Rep. Comtois, Belk. 7; Rep. Jurius, Belk. 2; Rep. Plumer, Belk. 6; Rep. St. Clair, Belk. 9; Rep. Sylvia, Belk. 6; Sen. Gray, Dist 6
COMMITTEE: Municipal and County Government
This bill modifies the appointing authority for the members of Gunstock area commission and the distribution of revenues. The bill also removes a limit on bonding for the commission and a limitation on water withdrawals at the ski resort.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
399:4 Appointive Agency. The county convention for the county of Belknap, hereinafter sometimes referred to as the “appointive agency”, shall, acting as a body, appoint the members of the commission. [Not more than two of the] Members of the commission shall be residents of [the same municipality] Belknap county. At least one member shall be an experienced skier and at least one member shall be experienced in the field of finance, banking, or accounting. The term of office of each member shall be five years, except that initially, one member shall be appointed for a term of five years, one member for a term of four years, one member for a term of three years, one member for a term of two years, and one member for a term of one year. Thereafter, appointments shall be made for five years. No commission member shall serve more than 2 consecutive terms. Each member shall continue in office until his or her successor has been appointed and qualified, and each member shall be subject to removal for cause by the appointive agency after public hearing.
399:14 Appropriations and Revenues.
(a) The county convention may, from time to time, appropriate money for the use of the commission to carry out the purposes of this chapter.
(b) All moneys received by the commission from the operation of the area, by borrowing, from the appropriations by the county convention, or from other sources, [shall be turned over to the county treasurer,] shall be kept in a separate fund, and shall be paid out of the same only upon order of the commission or its duly designated agent.
(c) The commission is hereby authorized and empowered to use the revenues from the area to carry out any and all of the purposes herein stated, and is hereby especially authorized and empowered to retain any profits from the operation of the area and invest the same for the purpose of future maintenance, operation, improvements of the area, and for working capital, except that [any sums accumulated and on hand at the end of the fiscal year in excess of twenty-five percent of the average gross income of the three immediately preceding fiscal years, not required for the payment of outstanding bills of amortization of outstanding indebtedness, shall be turned over to the county of Belknap if required by] upon a vote of the county convention 1.75 percent of yearly gross operating income shall be turned over to the Belknap county treasurer within 45 days of the receipt and approval of the annual audit.
(d) The commission is hereby authorized to adopt a fiscal year for accounting purposes which need not be the same as the calendar year.
(e) All financial transactions of the commission shall be audited annually and at such other times and in such manner as the county convention may determine. The commission shall make an annual report to the county convention and the county treasurer of its financial and other transactions for the preceding fiscal year on or before the fifteenth day of the second month following the close of the preceding fiscal year. This report, and the report of such audits as shall be made as herein provided, shall be filed with the clerk of the superior court for Belknap county, after completion, and shall be open for public inspection.
(f) If the commission at any time requests the county convention for an appropriation, or for authority to borrow money as provided in section 15, such request shall be accompanied by a complete budget of expected receipts and expenditures for the current fiscal year.
399:15 Bonds or Notes Authorized. The county treasurer is hereby authorized upon a vote of the commission, previously authorized by the county convention, with at least 4 members of the commission voting in favor, to borrow money for the purpose of carrying into effect the provisions of this chapter, and to borrow money in anticipation of revenues for a term of years determined and authorized by the county convention, issuing serial notes or bonds therefore, said bonds to be payable out of revenues received from the operation of the area. Such borrowed money may be used for any purpose for which the commission is authorized to expend money. The maturity dates of such bonds or notes shall be determined by the county convention. When borrowed money is used for capital improvements, the maturity dates of the bonds or notes issued shall be based upon the probable useful life of such capital improvements, but in no event shall any maturity date exceed 20 years from the date of issue. All such bonds or notes shall contain an express guaranty that fees, fares and tolls will be collected in accordance with the provisions hereof, until the date of maturity of said bonds or notes or renewals thereof, and until sufficient money shall have accumulated to pay the principal of said notes or bonds and the interest thereon at the date of maturity. Such notes or bonds shall be in such form and such denominations as the commission shall determine, subject to the authority of the county convention to determine the term of years for the notes or bonds, and shall be signed by a majority of the commission and countersigned by the county treasurer. Provided, however, that the county convention shall, by 2/3 vote of those members present and voting, approve the issue of serial notes and bonds prior to the issue thereof, and such serial notes or bonds shall be considered to be a pledge of the full faith and credit of the county of Belknap. All bonds and notes, and the interest thereon, issued by the commission hereunder shall be exempt from taxation. Any borrowings under the provisions of this section authorizing the issuance of bonds and notes to cover operating expenses or losses shall be limited to [a one-time issuance of such bonds and notes, the authorization by the county convention for which shall occur on or before December 31,1990] revenue anticipation notes due and payable in full within one year.
144:1 Gunstock Area Ski Resort. Consistent with the best interests of the public as a whole and with state ownership or stewardship over such water bodies, the Gunstock Area of Gilford, and its successors and assigns, is authorized to take water for purposes of implementing a system of snowmaking and other activities incidental to present use and potential expansion of ski area operations from Lake Winnipesaukee, partly situated in the town of Gilford, subject to all applicable conditions and limitations incorporated in any permit issued by or agreements with the United States government or any agency thereof, the state of New Hampshire, or the town of Gilford. If the department of environmental services determines that a cessation, reduction or other modification of such withdrawal is necessary for the preservation of environmental quality, protection of water quality, regulation of water quantity, or protection of habitat, the Gunstock Area and its successors and assigns shall, pursuant to written notice and order, cease, reduce or modify its withdrawal as directed, provided that such order shall expire after 10 days unless during such 10-day period a public hearing is held by the department and a decision is made to extend such order. The department shall adopt rules under RSA 541-A establishing criteria and procedures for issuing such orders for such special hearings and for making such decisions. [If the water withdrawals authorized by this act for the potential expansion of ski area operations of the Gunstock Area have not commenced within 15 years of the effective date of this act, such authorization shall expire.]
Approved: July 17, 2020
Effective Date: September 15, 2020
|Jan. 16, 2020||House||Hearing|
|Jan. 29, 2020||House||Exec Session|
|Feb. 19, 2020||House||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and referred to Municipal and County Government HJ 1 P. 22|
|Jan. 16, 2020||Public Hearing: 01/16/2020 10:00 am LOB 301|
|Jan. 29, 2020||Executive Session: 01/29/2020 01:30 pm LOB 301|
|Committee Report: Ought to Pass (Vote 19-0; CC)|
|Feb. 19, 2020||Committee Report: Ought to Pass for 02/19/2020 (Vote 19-0; CC) HC 7 P. 13|
|Feb. 19, 2020||Ought to Pass: MA VV 02/19/2020 HJ 4 P. 19|
|March 11, 2020||Introduced 03/11/2020 and Referred to Energy and Natural Resources; SJ 7|
|June 16, 2020||Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8|
|June 16, 2020||No Pending Motion; 06/16/2020 SJ 8|
|June 29, 2020||Sen. French Moved to Remove From Table, MA, VV; 06/29/2020; SJ 9|
|June 29, 2020||Without Objection, take up at the present time, 2/3 necessary, MA, 06/29/2020; SJ 9|
|June 29, 2020||Sen. French Moved Ought to Pass; 06/29/2020; SJ 9|
|June 29, 2020||Ought to Pass: MA, VV; OT3rdg; 06/29/2020; SJ 9|
|June 29, 2020||Enrolled (In recess 06/29/2020); SJ 9|
|Enrolled 06/30/2020 HJ 10 P. 71|
|July 17, 2020||Signed by Governor Sununu 07/17/2020; Chapter 18; Eff: 09/15/2020|