TITLE XIX
PUBLIC RECREATION

Chapter 227-B
MOUNT WASHINGTON COMMISSION

Section 227-B:1

    227-B:1 Commission Established. – There is hereby established a Mount Washington Commission consisting of 11 members to manage the summit of Mount Washington property owned by the state of New Hampshire.

Source. 1969, 427:1. 1990, 110:1, eff. June 12, 1990.

Section 227-B:2

    227-B:2 Definitions. –
As used in this chapter:
I. "Commission" shall mean the Mount Washington Commission;
II. "Summit" shall mean the Mount Washington summit property owned by the state.

Source. 1969, 427:1, eff. July 2, 1969.

Section 227-B:3

    227-B:3 Commission Members, Appointment, Term. –
I. The commission shall consist of the following members:
(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) Three members appointed by the governor with the consent of the council.
(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; Citadel Broadcasting Company; and the Mount Washington Cog Railway.
(e) One member shall be appointed by the supervisor of the White Mountain National Forest to represent the same.
(f) One member shall be appointed by the president of the Appalachian Mountain Club to represent said club.
(g) The commissioner of the department of natural and cultural resources, or designee.
II. All such members so appointed shall serve a term of 4 years. 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. 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.

Source. 1969, 427:1. 1972, 62:4. 1990, 110:2, 3, eff. June 12, 1990. 2011, 231:15, eff. June 29, 2011. 2012, 245:1, eff. June 18, 2012. 2017, 156:14, I, eff. July 1, 2017.

Section 227-B:4

    227-B:4 Removal. – Any member of the commission may be removed for just cause through a majority vote of the governor and council.

Source. 1969, 427:1, eff. July 2, 1969.

Section 227-B:5

    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, 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.

Source. 1969, 427:1, eff. July 2, 1969. 2012, 245:2, eff. June 18, 2012.

Section 227-B:6

    227-B:6 Powers and Duties. –
The commission shall:
I. Prepare a master plan for the summit including but not limited to:
(a) Capital improvements to be made by the state over a 10-year period;
(b) The proposed operation of the summit by the commission including fees to be charged for the facilities operated by the commission, the method of collection of such fees, employment of personnel, franchises to be granted to concessionaires, and any other items deemed necessary to the proper operation of the summit by said commission;
(c) Promotion of the use of the summit by the public as a recreational, historic or scientific attraction;
(d) Protection of the summit as to its unique flora and other natural resources;
(e) The negotiation of public rights-of-way to the summit over private lands which benefit from the improvement of facilities on the summit;
(f) Cooperative arrangements between private interests and the commission relative to the collection of fees, joint personnel, and any like subject.
II. Submit the said master plan to the governor on or before January 1, 2010, and on January 1 every 10 years thereafter, for approval and for enabling legislation in the New Hampshire legislature.
III. Monitor all fees 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.
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.
V. Cooperate and consult with the division of parks and recreation of the department of natural and cultural resources concerning the daily operation of the summit as carried on by the division of parks and recreation.
VI. Consult and advise with the commissioner of the department of natural and cultural resources:
(a) In the construction of the buildings and improvements as may be authorized by the general court;
(b) In the operation of the summit by personnel of the division of parks and recreation or by private interests as may be determined by the commissioner in accordance with the powers conferred by the general court;
(c) In the negotiations of leases, agreements and franchise arrangements in the operation of summit facilities; and
(d) In the acquisition of privately owned land and buildings as may be authorized by the general court, including the general oversight of the development of the 10-year master plan as may be implemented by the general court.
VII. Assist in the promotion of the development and use of the summit by the public as a recreational, historic and scientific attraction.
VIII. Advise and assist in the protection of the unique flora and other natural resources of the summit.
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.

Source. 1969, 427:1. 1971, 395:1. 1974, 30:4. 1976, 37:4. 1978, 49:25. 1985, 399:3, I, eff. July 1, 1985. 2012, 245:3, 4, eff. June 18, 2012. 2017, 156:14, I, eff. July 1, 2017.

Section 227-B:7

    227-B:7 Mount Washington Planning Committee. – As of the effective date of this chapter, the Mount Washington planning committee shall be discharged and shall turn over to the commission all records, reports, data or other information relative to the summit in its possession.

Source. 1969, 427:1, eff. July 2, 1969.

Section 227-B:8

    227-B:8 Gifts, Grants or Donations. – The commission is authorized to institute a promotional program to solicit and receive any gifts, grants or donations made for the development of the summit and to deposit such gifts, grants or donations in the Mount Washington fund.

Source. 1971, 395:3. 1974, 30:5, eff. July 1, 1974.

Section 227-B:9

    227-B:9 Mount Washington Fund. – There is hereby established in the office of the state treasurer a fund to be known as the Mount Washington fund which shall be kept separate and distinct from all other funds. Such fund shall be the depository of all fees received from the commission pursuant to RSA 227-B:6, III and all gifts, grants or donations made to the commission pursuant to RSA 227-B:8. From such fund shall be paid the expenses of the commission plus the principal and interest on any bonds which may be issued in the name of the state for the purpose of capital improvements to the summit. Any monies in such fund shall not lapse into the general fund of the state until the fund balance equals the total bonds, interest and charges outstanding.

Source. 1974, 30:3, eff. July 1, 1974.