SB512: (New Title) establishing a Lake Sunapee public access commission.

SB 512-FN - AS AMENDED BY THE SENATE

03/04/04 0669s

2004 SESSION

04-3235

03/09

SENATE BILL 512-FN

AN ACT establishing a Lake Sunapee public access commission.

SPONSORS: Sen. Below, Dist 5; Rep. French, Merr 24; Rep. Leone, Sull 21; Rep. McCormick, Merr 32; Rep. Kennedy, Merr 34; Rep. C. Hamm, Merr 34

COMMITTEE: Wildlife and Recreation

AMENDED ANALYSIS

This bill establishes a Lake Sunapee public access commission.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/04/04 0669s

04-3235

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT establishing a Lake Sunapee public access commission.

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

1 Commission Established. There is established a commission to study Lake Sunapee public access.

2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Two members of the senate, appointed by the president of the senate.

(b) At least 3, but not more than 5 members of the house of representatives, at least half of whom shall represent districts with towns on Lake Sunapee, appointed by the speaker of the house of representatives.

(c) At least 2, but not more than 3, representatives of governor and council, at least 2 of whom shall be executive councilors, appointed by the governor and council .

(d) A representative of the fish and game department, appointed by the executive director.

(e) A representative of the department of resources and economic development, division of parks and recreation, appointed by the commissioner.

(f) A representative of the department of transportation, appointed by the commissioner.

(g) A representative of the department of safety, division of safety services, appointed by the commissioner.

(h) A representative of the department of environmental services, division of water appointed by the commissioner.

(i) A representative of the fish and game commission, appointed by the chairman of the commission.

(j) Two representatives of the town of Newbury, appointed by the board of selectmen.

(k) A representative of the town of Sunapee, appointed by the board of selectmen.

(l) A representative of the town of New London, appointed by the board of selectmen.

(m) A representative of the town of Newport, appointed by the board of selectmen.

(n) A representative of the New Hampshire Wildlife Federation, appointed by its president.

(o) A representative of the Bradford Fish & Game Club, appointed by its president.

(p) A representative of the Lake Sunapee Protective Association, appointed by its president.

(q) Three members of the public, appointed by the governor and council, as follows:

(1) One representing motorized recreational boating interests

(2) One representing non-motorized recreational boating interests

(3) One representing swimming/state beach user recreational interests.

II. Each person or entity making appointments may appoint one alternate for each regular commission member appointed, who may sit and vote at meetings of the commission in the absence of the regular member.

III. The senate clerk shall notify all appointing authorities when this act takes effect and shall request that all initial letters of appointment be submitted to the senate clerk within 30 days. Letters of appointment may be amended at any time during the term of the commission.

IV. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

3 Duties. The commission shall study Lake Sunapee public access, including developing and evaluating options for improving public access to Lake Sunapee, and in particular improved public boat access, and making recommendations for further action and any needed legislation. Working with state agencies, which are hereby directed to cooperate with and support the work of the commission using existing staff and budgetary resources and such contributions, donations, gifts, and grants as may offered from other parties, the commission should develop and evaluate an optimal conceptual and schematic plan for a public boat access area at the Sunapee state beach and compare that with various development options at the Wild Goose site and any other plausible alternatives the commission might identify. The commission may also develop conceptual alternatives for long-term use and improvements to the Sunapee state park. Due consideration should be given to the interests of sportsmen and women, recreational boaters including both motorized and non-motorized boaters, the general public, including park and lake visitors, swimmers, picnickers, and area residents, and public safety considerations, as well as to maintaining or improving the capacity, quality, and financial viability of state beach park operations. The commission and state agencies represented on the commission are authorized to accept and expend contributions, donations, gifts, and grants for the purposes stated herein, including retaining the services of a facilitator or consultants.

4 Chairperson; Quorum. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. A majority of all members of the commission with appointment letters on file with the senate clerk shall constitute a quorum.

5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the governor and council, the fish and game commission, the fish and game department, the department of resources and economic development, and the state library on or before November 30, 2004.

6 Effective Date. This act shall take effect upon its passage.

LBAO

04-3235

Amended 3/17/04

SB 512 FISCAL NOTE

AN ACT establishing a Lake Sunapee public access commission.

FISCAL IMPACT:

The Departments of Fish and Game and Resources and Economic Development indicate that this bill, as amended by the Senate (Amendment #2004-0669s), may increase state restricted revenue and expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

The Departments of Fish and Game and Resources and Economic Development state that this bill establishes a Commission to Study Public Access of Lake Sunapee with the Departments supporting the Commission as needed, using existing staff and budgetary resources. This bill also requires the Commission to develop and evaluate an optimal conceptual and schematic plan for a public boat access area at the Sunapee Beach and compare that with various development options at the Wild Goose site, and any other plausible alternatives the Commission might identify. At this time conceptual plans have been developed, however, evaluating the feasibility of any site will require further evaluation of the plans, including engineering and design work. If budgetary resources are not available at the Departments to cover these costs, the Commission is authorized to draw on the contributions, donations, gifts and grants that the Commission is authorized to accept and spend for such items. The Departments assume an effective date of July 1, 2004, and further assume the non-budgeted revenue and expenditures the Commission may accept and spend is indeterminable.