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![handle is hein.sag/sagnh0005 and id is 1 raw text is: October 15, 2001
VIA FACSIMILE AND U.S. MAIL
George Meyer, Executive Director
Pease Development Authority
360 Corporate Drive
Pease International Tradeport
Portsmouth, N.H. 03801
OPINION
Dear Mr. Meyer:
You have requested our opinion by letter dated September 25, 2001 regarding a set of
proposed rules and/or bylaws (potential rules) that you have indicated the Division of Ports
and Harbors Advisory Council (Council) intends to submit to the Pease Development
Authority (Authority) for adoption.
By way of background, during the 2001 legislative session, the legislature enacted,
and the Governor signed into law, House Bill 543-FN (Chapter 290 Laws of 2001, effective
July 1, 2001). HB 543-FN repealed and reenacted RSA Chapter 12-G. Most notably, HB
543-FN established the Division of Ports and Harbors (Division) within the Authority.
RSA 12-G:43. Under RSA 12-G:42, the Authority is responsible for the former functions,
duties, and responsibilities of the port authority . . . . The legislature also established the
Council within the Division and charged it with the responsibility of consult[ing] with and
advis[ing] the division director with respect to the policy, programs, and goals of the
division, the operation of the port, the selection of harbor masters and assistant harbor
masters, and the procurement of services of a port terminal operating firm. RSA 12-G:44, I
and III. In addition, the Council has the authority to propose rules to the Authority for
adoption. RSA 12-G:44, V.
You pose thirteen questions, the first of which pertains to whether the Authority and
the Council are subject to the general supervisory powers of the Attorney General under RSA
7:8. The remaining twelve questions raise issues regarding the substance and procedures
relating to the potential rules.](ViewImageLocal?handle=hein.sag/sagnh0005&div=1&collection=&method=preview&ext=.png&size=3)