2001 SESSION

01-1001

03/01

HOUSE BILL 715-FN

COMMITTEE: Public Works and Highways

ANALYSIS

This bill:

I. Requires the legislative budget assistant to audit the accounts of the port authority at least once every 3 years.

II. Adds 3 members to the port authority board.

III. Changes the appointment authority for the director of the port authority from the governor and council to the port authority board.

IV. Requires the port authority to review the expenditures of the authority and have general management oversight of the port.

V. Subjects any change in use or development of land acquired by the port authority to local land use regulations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-1001

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 New Paragraph; Legislative Budget Assistant; Audit Division; Port Authority. Amend RSA 14:31-a by inserting after paragraph II the following new paragraph:

II-a. Audit the accounts of the port authority at least once every 3 years. The findings and report of a certified accountant, designated by the legislative budget assistant, may be accepted as fulfilling the requirements of this paragraph.

2 Port Authority Established; Member Added. Amend RSA 271-A:1, I to read as follows:

I. There shall be a New Hampshire state port authority, consisting of and governed by a board of [8] 11 members, [6] 7 of whom shall be appointed by the governor, with the advice and consent of the council. At least 3 of said appointive members shall be residents of the cities and towns of the seacoast region or tidal waters and at least one appointive member shall be a commercial fisherman engaged in that industry on the seacoast and at least one appointive member shall be from a municipality that receives technical assistance and support from the authority, and each shall serve for a term of 5 years. Said members shall serve until their successors are appointed and qualified. Any vacancy occurring in the membership of the [appointive] members appointed by the governor and council shall be filled by the governor and council for the unexpired term. The mayor of the city of Portsmouth shall appoint one member, who shall be a member of the Portsmouth economic development commission. In addition to the [6] 8 appointive members, the commissioner of the department of resources and economic development, [and] the mayor of the city of Portsmouth, and the city manager of the city of Portsmouth or designee shall be, by virtue of their offices, members of the board.

3 Director of Port Authority; Appointment. Amend RSA 271-A:1-a to read as follows:

271-A:1-a Director of Port Authority. The [governor and council] board shall appoint a director of the port authority who shall be qualified by education and experience and who shall hold office for a term of 5 years. Said director shall serve as chief administrative officer of the port authority and perform such duties as the authority may require [of him].

4 New Paragraph; Port Authority; Powers and Duties; Oversight. Amend RSA 271-A:3 by inserting after paragraph VII the following new paragraph:

VIII. Review the expenditures of the authority and have general management oversight of the port.

5 Port Authority; Improvements; Local Land Use Regulations. Amend RSA 271-A:14 to read as follows:

271-A:14 Improvements.

I. The authority, with the approval of the governor and council as to the nature and specifications of the intended project and the cost thereof, may undertake the improvement of any land acquired by it, by the construction thereon of piers, wharves, warehouses, or other facilities as specified in RSA 271-A:13. Any such improvement shall, insofar as possible, be self-liquidating; and the authority shall charge just and reasonable fees for the use thereof. All revenue received from such fees shall be accounted for separately, and, after the deduction therefrom of the cost of operating such project, shall be applied to the amortization of obligations issued for the construction of such improvements under the provisions of this chapter.

II. Any change in use or development of land acquired by the authority shall be fully subject to local land use regulations.

6 Effective Date. This act shall take effect 60 days after its passage.

LBAO

01-1001

2/14/01

HB 715-FN - FISCAL NOTE

FISCAL IMPACT: