CHAPTER 156
HB 38 – FINAL VERSION
27Mar2007… 0517h
2007 SESSION
05/03
HOUSE BILL 38
COMMITTEE: Executive Departments and Administration
This bill provides that certain commissioners and agency heads shall serve for their appointed term, and not until a successor is appointed and qualified, unless the governor explicitly grants such an extension. The bill also removes language permitting them to retain office until a successor is appointed and qualified from the specific statutes that establish their positions and terms of appointment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0517h
07-0083
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to terms of appointment for certain state officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
156:1 Terms of Appointment. RSA 21:33-a, III is repealed and reenacted to read as follows:
III.(a) That any commissioner or agency head of a department, as defined in RSA 21-G:5, VI, who is an unclassified employee of the state, and appointed to such position, shall serve for the appropriate term or unexpired portion thereof. The commissioner or agency head may serve beyond the appointed term or unexpired portion thereof with the written authorization of the governor. This subparagraph shall also apply to the adjutant general and the attorney general, and to appointees to the liquor commission, the lottery commission, the pari-mutuel commission, and the public utilities commission.
(b) That any other appointee to such position shall serve for the appropriate term or unexpired portion thereof and until a successor is appointed and qualified.
156:2 Commissioner of Resources and Economic Development. 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 years from the date of [his] appointment [and until his successor is appointed and qualified]. 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 or her staff who shall act in [his] the commissioner’s 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.
156:3 Commissioner of the Department of Corrections. 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 years from the date of appointment [and until a successor is appointed].
156:4 Commissioner of the Department of Health and Human Services. 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 years from the date of the appointment [and until a successor is appointed and qualified. RSA 21:33-a shall not apply to appointments made under this section].
156:5 Liquor Commissioners. Amend RSA 176:1 to read as follows:
176:1 Commission. There shall be a state liquor commission consisting of 3 members appointed by the governor with the consent of the council. Not more than 2 members shall belong to the same political party. Each member shall hold office for a term of 6 years [and until his successor has been appointed and qualified]. If a vacancy shall occur in the commission, it shall be filled for the remainder of the term. Any or all of the commissioners may be removed by the governor and council for cause.
156:6 Executive Director of the Fish and Game Department. 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 years from the date of appointment [and until a successor is appointed and qualified]. [Notwithstanding RSA 21:33-a,] A vacancy in such office shall be filled for [a 4-year term from the date of appointment] the remainder of the unexpired term. 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.
156:7 Labor Commissioner. Amend RSA 273:2 to read as follows:
273:2 Term of Commissioner; Removal. The commissioner shall hold office for 3 years from the date of [his] appointment [and until his successor shall be appointed and qualified,] and may be removed for cause by the governor, with the advice and consent of the council.
156:8 Commissioner of the Department of Employment Security. Amend RSA 282-A:108, II to read as follows:
II. The commissioner shall hold office for 5 years from the date of [his] appointment [and until his successor is appointed and qualified]. Otherwise the commissioner may be removed only as provided in RSA 4:1.
156:9 Pari-Mutuel Commissioners. Amend RSA 284:6-a, I to read as follows:
I. There shall be a state pari-mutuel commission consisting of 6 members appointed by the governor with the advice and consent of the council. Three of the members shall represent the interests of greyhound racing. Three of the members shall represent the interests of thoroughbred horse racing and harness horse racing. Each member shall hold office for a term of 3 years [and until a successor has been appointed and qualified]. Any vacancy shall be filled for the unexpired term. Annually, one member shall be chosen chairperson by the commission, and one shall be chosen as secretary.
156:10 State Lottery Commissioners. Amend RSA 284:21-a to read as follows:
284:21-a State Lottery Commission. There shall be and hereby is created a state lottery commission consisting of 3 members who shall be appointed and may be removed for cause by the governor with the advice and consent of the council. One member shall be appointed for one year, one for 2 years and one for 3 years, and upon the expiration of their terms of office their successors shall be appointed for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term. [The members shall serve until their successors are appointed and qualified.] No member of the commission shall have any pecuniary or other interest in any supplier or agent to the commission or in any licensee licensed under the provisions of this chapter.
156:11 Public Utilities Commissioners. Amend RSA 363:1 to read as follows:
363:1 Commission; Term. There shall be a public utilities commission, composed of 3 commissioners who shall be full-time employees and who shall engage in no other gainful employment during their terms as members. Their term of office shall be for 6 years [and until their successors are appointed and qualified]. Of the 3 commissioners, one shall be an attorney and a member of the New Hampshire Bar and one shall have either background or experience or both in one or more of the following: engineering, economics, accounting or finance.
156:12 Public Utilities Commission; Executive Director. Amend RSA 363:27, III to read as follows:
III. EXECUTIVE DIRECTOR AND GENERAL COUNSEL. The commission shall appoint an executive director, who shall serve for a term of 4 years. [and] The commission shall also appoint a general counsel,[ each of whom] who shall serve for a term of 4 years and until a successor is appointed and qualified.
156:13 Bank Commissioner. 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] whose term shall be for 6 years [or until his successor is appointed and qualified]. 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] whose term shall be 6 years. The deputy may exercise the powers and perform the duties of the commissioner during [his] the commissioner’s absence whenever and to the extent that he or she 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.
156:14 Insurance Commissioner. 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 or her or reasonably implied in order to enable him or her to perform the duties imposed [upon him] 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 years [and until a successor has been appointed and has qualified]. 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.
156:15 Commissioner of the Department of Agriculture, Markets, and Food. 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 years [and until a successor is appointed and qualified]. 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.
156:16 Repeals and Revisions; Term of Office. Amend RSA 624:8 to read as follows:
624:8 Term of Office. If the time of the beginning of a term of office is changed by the Revised Statutes Annotated, the incumbent of the office under the provisions of the former statute shall hold the office until the time fixed by the Revised Statutes Annotated for the beginning of the term [and until a successor is chosen and qualified under the provisions of the Revised Statutes Annotated and not afterward], except in cases otherwise specially provided for.
156:17 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2007
Effective: August 17, 2007