03/13/03 0563s

03/13/03 0616s

29may03... 1627h

2003 SESSION

03-1122

06/01

SENATE BILL 157

AN ACT establishing a committee to study certain issues relative to municipal planning.

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill establishes a committee to study the vesting of development rights and the planning board's authority to require off-site improvements.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/03 0563s

03/13/03 0616s

29may03... 1627h

03-1122

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a committee to study certain issues relative to municipal planning.

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

179:1 Committee Established. There is established a committee to study the vesting of development rights and the planning board's authority to require off-site improvements.

179:2 Membership and Compensation.

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

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

(b) Three members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

179:3 Duties. The committee shall study the vesting of development rights in light of the recent New Hampshire supreme court decisions in AWL Power, Inc. v. City of Rochester, issued December 9, 2002, and Monahan-Fortin Properties, LLC v. Town of Hudson, issued December 24, 2002, regarding the simultaneous use of growth management ordinances and impact fees under RSA 674:21, V(h). The committee shall also study the planning board's authority to require off-site improvements in light of the New Hampshire supreme court decision in Simonsen v. Derry issued November 15, 2000.

179:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

179:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2003.

179:6 Effective Date. This act shall take effect upon its passage.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, June 24, 2003)

(Effective Date: June 24, 2003)