HB1183 (2006) Detail

Relative to the terms of office for state department commissioners.


HB 1183 – AS INTRODUCED

2006 SESSION

06-2291

05/10

HOUSE BILL 1183

AN ACT relative to the terms of office for state department commissioners.

SPONSORS: Rep. Kennedy, Merr 4; Rep. Boyce, Belk 5

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes 2-year terms for all department commissioners and the executive director of the fish and game department.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2291

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the terms of office for state department commissioners.

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

1 Department of Resources and Economic Development; Commissioner; Term. Amend RSA 12-A:2 to read as follows:

12-A:2 Commissioner of Resources and Economic Development. There shall be a commissioner of resources and economic development who shall be appointed by the governor and council for a term of [4] 2 years [from the date of his appointment and until his successor is appointed and qualified] pursuant to RSA 21-G:8, III. A vacancy shall be filled for the unexpired term. It shall be the responsibility of the commissioner to organize and direct the work of the department. The commissioner of resources and economic development shall appoint one member of his staff who shall act in his stead when said commissioner is absent from the state and at such other times as he is so directed by the commissioner. When acting for the commissioner said person shall have all the power, duties and authority of the commissioner. Directors of departmental divisions shall be subject to the supervisory authority of the commissioner, which authority shall include power to establish department and divisional policy as well as to control the actual operations of the department and all divisions therein. The commissioner shall consult with the advisory commission prior to the establishment of general and divisional departmental policy.

2 Organization of Executive Branch; Commissioners and Division Directors; Appointment; Term. Amend RSA 21-G:8, III to read as follows:

III. Commissioners shall serve terms of [4] 2 years from the date of appointment and until a successor is appointed. Such terms shall end on [March 31] January 1 of an odd-numbered year. [Initial terms for some commissioners may be for approximately 2 years so that The terms of one-half of the commissioners will end in each gubernatorial term.]

3 Department of Corrections; Commissioner and Division Directors; Appointment; Term. Amend RSA 21-H:6, I to read as follows:

I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of [4] 2 years [from the date of appointment and until a successor is appointed] pursuant to RSA 21-G:8, III.

4 Department of Administrative Services; Commissioner; Term. Amend RSA 21-I:2, I to read as follows:

I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of [4] 2 years pursuant to RSA 21-G:8, III.

5 Department of Revenue Administration; Commissioner; Term. Amend RSA 21-J:2, I to read as follows:

I. The commissioner of the department of revenue administration shall be appointed by the governor, with the consent of the council, and shall serve for a term of [4 ] 2 years pursuant to RSA 21-G:8, III. The commissioner of revenue administration shall be qualified by reason of professional competence, education, and experience.

6 Department of Cultural Resources; Commissioner; Term. Amend RSA 21-K:3, I to read as follows:

I. The commissioner of the department of cultural resources shall be appointed by the governor, with the consent of the council, and shall serve for a term of [4] 2 years pursuant to RSA 21-G:8, III. The commissioner of cultural affairs shall be qualified by reasons of professional competence, education and experience.

7 Department of Transportation; Commissioner; Term. Amend RSA 21-L:3, I to read as follows:

I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve a term of [4] 2 years pursuant to RSA 21-G:8, III. The commissioner shall be qualified to hold that position by reason of education and experience.

8 Department of Justice; Attorney General; Term. Amend RSA 21-M:3, I to read as follows:

I. The attorney general shall be appointed as provided by the constitution. He or she shall serve for a term of [4] 2 years pursuant to RSA 21-G:8, III. He or she shall have been admitted to the practice of law in New Hampshire. He or she shall also be qualified by reason of education and experience.

9 Department of Education; Commissioner; Term. Amend RSA 21-N:3, I to read as follows:

I. The governor, after consultation with the board of education, shall appoint the commissioner and the deputy commissioner of the department of education with the consent of council. Each shall serve for a term of [4] 2 years pursuant to RSA 21-G:8, III. The commissioner and the deputy commissioner may succeed himself or herself, if reappointed. The commissioner and deputy commissioner shall be qualified to hold their positions by reason of education and experience.

10 Department of Environmental Services; Commissioner; Term. Amend RSA 21-O:2, I to read as follows:

I. The commissioner of the department of environmental services shall be appointed by the governor, with the consent of the council, and shall serve for a term of [4] 2 years pursuant to RSA 21-G:8, III. The commissioner shall be qualified to hold that position by reason of education and experience.

11 Department of Safety; Commissioner; Term. Amend RSA 21-P:3, I to read as follows:

I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of [4] 2 years, [provided that the first term shall expire on March 31, 1991] pursuant to RSA 21-G:8, III. The commissioner shall be qualified to hold that position by reason of education and experience. A vacancy shall be filled for the unexpired term.

12 Department of Health and Human Services; Commissioner; Term. Amend RSA 126-A:5, I to read as follows:

I. Administrative and executive direction of the department of health and human services shall be under the direction of a commissioner of health and human services who shall be appointed by the governor and council. The commissioner shall hold office for a term of [4] 2 years [from the date of the appointment and until a successor is appointed and qualified] pursuant to RSA 21-G:8, III. [RSA 21:33-a shall not apply to appointments made under this section.]

13 Fish and Game Commission; Executive Director; Term. Amend RSA 206:8, I to read as follows:

I. The commission, following a comprehensive and equitable search, shall nominate, and the governor and council shall appoint, an executive director of the fish and game department. If the governor and council fail to appoint the nominee, the commission shall nominate another person. Each nominee shall be a person with knowledge of, and experience in, the requirements for the protection, conservation and restoration of the wildlife resources of the state and shall be a competent administrator. The executive director shall hold office for a term of [4] 2 years from the date of appointment and until a successor is appointed and qualified. The term shall end on January 1 of an odd-numbered year. [Notwithstanding RSA 21:33-a, a vacancy in such office shall be filled for a 4-year term from the date of appointment.] The governor and council shall have the authority to remove the executive director at any time, but only for just cause pursuant to RSA 4:1. In such case, the governor and council shall deliver to the executive director a copy of the charges and afford an opportunity of being heard publicly in person or by counsel after being given not less than 15 days notice. The executive director shall not hold any other public office, and shall be entirely devoted to the service of the state in the discharge of the official duties of the position. The executive director shall receive the compensation prescribed in RSA 94:1-4, and shall be reimbursed for all actual and necessary traveling and other expenses incurred in the discharge of official duties. Before entering upon the duties of the office, the executive director shall take the oath prescribed by the constitution, and shall, in addition thereto, swear that no other public office is held nor any position under any political committee or party is held. Such oath shall be filed with the secretary of state. The executive director shall have general supervision and control of all activities, functions, and employees of the fish and game department, and shall enforce all the provisions of the laws of this state relating to fish, wildlife resources, and marine species, and shall exercise all necessary powers incident thereto.

14 Department of Labor; Commissioner; Term. Amend RSA 273:2 to read as follows:

273:2 Term of Commissioner; Removal. The commissioner shall hold office for [3] 2 years [from the date of his appointment and until his successor shall be appointed and qualified, and] pursuant to RSA 21-G:8, III. The commissioner may be removed for cause by the governor, with the advice and consent of the council.

15 Banking Commissioner; Term. Amend RSA 383:1 to read as follows:

383:1 Commissioner and Deputy. There shall be a bank commissioner who shall be appointed by the governor with the advice and consent of the council, and his or her term shall be for [6] 2 years [or until his successor is appointed and qualified] pursuant to RSA 21-G:8, III. There shall be a deputy bank commissioner who shall be recommended by the bank commissioner and appointed by the governor with the advice and consent of the council, and his or her term shall be 6 years. The deputy may exercise the powers and perform the duties of the commissioner during his or her absence whenever and to the extent that [he] the deputy may be so authorized by the commissioner. In case of the temporary disability of the commissioner, or of a vacancy in the office, the deputy shall have the powers and perform the duties of the commissioner until another commissioner is appointed and qualified.

16 Insurance Department; Commissioner; Term. Amend RSA 400-A:3 to read as follows:

400-A:3 Insurance Commissioner; Appointment; Term. The head of the department shall be the insurance commissioner who is charged with the rights, powers, and duties pertaining to the enforcement and execution of the insurance laws of this state. The commissioner shall have all powers specifically granted to [him] the commissioner or reasonably implied in order to enable him or her to perform the duties imposed upon [him] the commissioner by this title. The commissioner shall have such additional rights, powers, and duties as may be provided by other laws. The commissioner shall be appointed by the governor with advice and consent of the council. The commissioner shall hold office for [5] 2 years [and until a successor has been appointed and has qualified] pursuant to RSA 21-G:8, III. Vacancies in the office of the insurance commissioner shall be filled for the unexpired term of such office. [He] The commissioner may be removed only as provided by RSA 4:1.

17 Department of Agriculture, Markets, and Food; Commissioner; Term. Amend RSA 425:3, I to read as follows:

I. The commissioner of the department of agriculture, markets, and food shall be appointed by the governor, with the consent of the council, for a term of [5] 2 years [and until a successor is appointed and qualified] pursuant to RSA 21-G:8, III. Prior to the appointment of a commissioner, the governor and council shall receive and consider the recommendations of the agricultural advisory board as to such appointment. The commissioner of agriculture, markets, and food shall be qualified by reasons of professional competence, education, and experience.

18 Applicability to Incumbent’s Term. This act shall not affect the term of a commissioner or executive director in office on the effective date of this act. Notwithstanding RSA 21-G:8, III, as amended by section 2 of this act, and RSA 206:8, I, as amended by section 13 of this act, the initial term of a commissioner or executive director appointed after the effective date of this act may be for less than 2 years so that all subsequent appointments shall be for 2 years and shall end on January 1 of an odd-numbered year.

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

Links

HB1183 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1183 Revision: 9461 Date: Jan. 21, 2010, midnight

Docket