03/22/07 0488s

04/05/07 1001s

04/05/07 1185s

16May2007… 1566h

06Jun2007… 1921h

06/27/07 2357eba

2007 SESSION

07-0613

04/09

SENATE BILL 82-FN

COMMITTEE: Education

ANALYSIS

This bill eliminates the department of regional community-technical colleges and establishes the community college system of New Hampshire.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/22/07 0488s

04/05/07 1001s

04/05/07 1185s

16May2007… 1566h

06Jun2007… 1921h

06/27/07 2357eba

07-0613

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

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

361:1 Department of Regional Community-Technical Colleges; Chapter Heading Changed. Amend the chapter heading of RSA 188-F to read as follows:

[REGIONAL COMMUNITY-TECHNICAL COLLEGES]

COMMUNITY COLLEGE SYSTEM OF NEW HAMPSHIRE

361:2 Community College System of New Hampshire. RSA 188-F:1 through RSA 188-F:21-a are repealed and reenacted to read as follows:

188-F:1 Community College System of New Hampshire Established. The community college system of New Hampshire is hereby established and made a body politic and corporate, the main purpose of which shall be to provide a well-coordinated system of public community college education offering, as a primary mission, technical programs to prepare students for technical careers as well as general, professional, and transfer programs, and certificate and short term training programs which serve the needs of the state and the nation. The colleges of the community college system of New Hampshire are authorized to grant and confer in the name of the colleges all such degrees, literary titles, honors, and distinctions as other community colleges may of right do. The community college system of New Hampshire shall include, but is not limited to, colleges in Berlin, Claremont, Concord, Laconia, Manchester, Nashua, and Stratham/Portsmouth.

188-F:2 Governance. The community college system of New Hampshire shall be governed by a single board of trustees which shall be its policy-making and operational authority. The board of trustees shall be responsible for ensuring that the colleges operate as a well coordinated system of public community college education.

188-F:3 Legislative Oversight.

I. The general court finds that because of the importance of public community college education, elected officials should be aware of the activities and needs of the community college system, exercising their responsibility for legislative oversight through (1) the consideration by the appropriate legislative committees of proposed legislation pertaining to the community college system; and (2) the consideration of reports filed by the community college system of New Hampshire pursuant to this chapter.

II. The general court also recognizes the need to protect the institutions of the community college system of New Hampshire from inappropriate external influence which might threaten the academic freedom of faculty members or otherwise inhibit the pursuit of academic excellence. To this end, the general court has delegated broad authority to the board of trustees who shall be responsible for managing the community college system of New Hampshire in a manner which promotes academic excellence and serves the educational needs of the people of New Hampshire.

188-F:4 Board of Trustees; Community College System of New Hampshire. The governance of the community college system of New Hampshire shall be vested in a single board of trustees composed as follows:

I. The governor, the chancellor and the vice-chancellor of the community college system, the president of each college within the community college system, and the commissioners of the departments of resources and economic development, employment security, and education, all of whom shall be nonvoting members.

II. The following voting members who shall be appointed by the governor with the advice and consent of the council:

(a) Four members from the fields of business and industry.

(b) One member who shall be a high school vocational/technical education director.

(c) One member who shall be an alumnus of one of the colleges within the community college system.

(d) One member from the field of education.

(e) One member from the health care profession.

(f) Two members from the building or mechanical trades who represent labor.

(g) One member from the community service sector.

(h) One member from the law enforcement community.

(i) Four members from the general public.

(j) Two members who shall be New Hampshire residents and who are full-time students enrolled in one of the colleges within the community college system. The student trustees shall be voted from the colleges within the community college system of New Hampshire locations proceeding in alphabetical order and shall be elected by the student body of the campus responsible for providing the student trustee. The student trustees shall serve a one-year term commencing June 1 of the year for which the student was elected and ending May 31 of the next year. In the event that a student trustee ceases for any reason to attend the school from which the student was elected, the chancellor of the community college system of New Hampshire shall declare a vacancy in that student trustee position, and the next school in order shall elect the student trustee who shall serve for the remainder of the predecessor’s term and an additional one-year term immediately thereafter.

(k) One member representing a technology company.

III.(a) The terms of office for appointed and elected members, except for the student members, shall be 4 years unless otherwise specified in this section, and shall end on June 30, except for the student members.

(b) In cases where the terms of office of the members of the board of trustees do not expire in successive years, the governor, with the advice and consent of the council may, in making any appointment or filling any vacancy to such office, appoint any person for a period less than the full term or up to one year greater than the full term in order to adjust the terms of each member so that terms of office of no more than 5 members per year will expire.

IV. At least one voting member shall be from each executive council district.

V. Each member, except the student member, shall hold office until a successor is appointed and qualified. Vacancies shall be filled for the unexpired term only, except as provided in RSA 188- F:4, II(j) and subparagraph III(b). The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment or election in the same manner as the original appointment.

VI. All board members shall be New Hampshire residents.

VII. Except for the governor and locally elected municipal officials, no person who holds elected public office shall serve on the board.

188-F:5 Operation of Board of Trustees.

I. The board shall elect its own chairperson and vice-chairperson annually.

II. The board shall choose a secretary, who shall keep a record of proceedings, and a treasurer, who shall give a bond satisfactory to the trustees for the faithful discharge of duties as treasurer. The trustees may, in their discretion, require a bond for any other persons employed by or administering the affairs of the community college system. Said trustees shall determine the amount and sufficiency of the surety of said treasurer’s bond or any other bonds required under this section.

III. Ten voting members shall constitute a quorum for the transaction of business, but not less than 10 affirmative votes shall be required to elect the chancellor of the community college system.

IV. The board shall meet at such times and places as it may determine, but shall hold regular meetings no less than once every 3 months. The chairperson shall call special meetings upon the written request of any 5 board members or upon the chairperson’s own motion.

V. Members shall receive no compensation for their services but shall be reimbursed for expenses reasonably incurred by them in the performance of their duties.

188-F:6 Authority of the Board of Trustees. The trustees shall have the management and control of all the property and affairs of the community college system, all of its colleges, divisions, and departments. In addition to this authority, the trustees are authorized to:

I. Develop and adopt bylaws for the regulation of its affairs and the conduct of business and to adopt an official seal and alter it as necessary or convenient.

II. Oversee the administration of the community college system of New Hampshire and its colleges, divisions, and departments, and to determine the organizational structure and operational policies and procedures for the community college system.

III.(a) Appoint and fix the compensation of a chancellor of the community college system of New Hampshire who shall serve as the chief executive officer of the community college system, as the community college system’s primary liaison with the general court and other elements of state government, and as chief spokesperson for the community college system. The chancellor shall be qualified by education and experience and shall serve at the pleasure of the board.

(b) Approve the nomination by the chancellor, and fix the compensation of a vice-chancellor who shall be qualified by education and experience and who shall serve at the pleasure of the chancellor.

(c) Approve the nomination by the chancellor, and fix the compensation of a president of each community college system of New Hampshire college, who shall be the chief academic and administrative officer of his or her institution. The president, who shall report to the chancellor, shall be the chief executive officer of his or her college, and shall have the authority for and be responsible for the general administration and supervision of all operations of that college, and shall have such other duties as the board of trustees may determine. The president shall be qualified by education and experience and shall serve at the pleasure of the board.

(d) Appoint and fix the compensation and duties of such other community college system of New Hampshire administrators as are needed to provide a well-coordinated system of public higher education.

(e) Employ and prescribe the duties of personnel as may be necessary to carry out the purposes for which the community college system of New Hampshire has been created.

IV. Accept legacies and other gifts to or for the benefit of the community college system.

V. Accept any moneys accruing to the community college system and its colleges, or moneys appropriated by or received from the United States government or the state of New Hampshire, including federal financial aid, and any grant moneys from state or federal governmental agencies, public or private corporations, foundations or organizations for the benefit and support of the community college system.

VI. Prepare and adopt a biennial operating budget for presentation to the governor and the general court. Each college within the community college system of New Hampshire and the chancellor’s office shall be considered a separate budgetary unit. The community college system of New Hampshire shall submit its budget in the same format and at the same time as other state agencies. All claims to be presented for the issuance of warrants submitted by the colleges and the system office of the community college system of New Hampshire shall be pre-audited by the community college system of New Hampshire, and such certification shall be sufficient evidence for the director of the division of accounting services to fulfill such responsibilities relative to the debt incurred by the community college system of New Hampshire.

VII. Prepare and adopt a biennial capital improvements budget for presentation to the governor and the general court.

VIII. Receive, expend, allocate, and transfer funds within the community college system of New Hampshire as necessary to fulfill the purposes of the community college system. The community college system of New Hampshire shall report the amount and purpose of all transfers from one program appropriation unit of the budget to a different program appropriation unit to the fiscal committee of the general court by November 1 of each year. Copies of such reports shall be sent to the house education committee and the senate education committee. The trustees shall have no authority over funds in the police standards and training council training fund established in RSA 188-F:30, or any other funds appropriated to the police standards and training council or to the Christa McAuliffe Planetarium, which shall not be commingled with any funds of the community college system of New Hampshire.

IX. Invest any funds not needed for immediate use, including any funds held in reserve, in property and securities in which fiduciaries in the state may legally invest funds.

X. Establish and collect tuition, room and board, and fees, and to set policies related to these and other charges, including fees for the reasonable use of community college system of New Hampshire facilities.

XI. Enter into any contracts, leases, and any other instruments or arrangements that are necessary, incidental, or convenient to the performance of its duties and responsibilities.

XII. Acquire consumable supplies, materials, and services through cash purchases, sole-source purchase orders, bids, or contracts as necessary to fulfill the purposes of this chapter.

XIII. Acquire by purchase, gift, lease, or rent any property, lands, buildings, structures, facilities, or equipment necessary to fulfill the purposes of this chapter.

XIV. Grant or otherwise transfer utility easements.

XV. Authorize and enter any contracts, leases, and any other instruments or arrangements that are necessary, incidental, or related to the construction, maintenance, renovation, reconstruction, or other necessary improvements of community college system of New Hampshire buildings, structures, and facilities.

XVI. Develop and adopt personnel policies and procedures for the community colleges. The board of trustees shall determine the qualifications, duties, and compensation of its employees and shall allocate and transfer personnel within the community college system of New Hampshire as necessary to fulfill the purposes of this chapter.

XVII. Appoint or identify college or program advisory committees to advise the community colleges with respect to strategic directions, general, professional, career, and training policies and programs and their modification to meet the needs of the state’s economy and the changing job market.

XVIII. Adopt principles of effective self-governance and to assess board processes, policies, and operations in light of such principles.

XIX. Delegate duties and responsibilities as necessary for the efficient operation of the community college system of New Hampshire and to do other acts or things necessary or convenient to carry out the powers and duties set forth in this chapter.

XX. By and with the consent of the governor and council, borrow on the credit of the community college system of New Hampshire in anticipation of income for the purpose of forwarding its building program, not exceeding $500,000 in any one fiscal year. All amounts so obtained in any fiscal year shall be repaid from the income of the next succeeding year.

188-F:7 Employment; Benefits; Retirement System Status.

I. Any changes to the conditions of employment, compensation, and benefits of community college system of New Hampshire employees shall be negotiated through the collective bargaining process.

II. The community college system of New Hampshire shall, as of the effective date of this section, be considered an employer for the purposes of RSA 100-A:1, IV. Full-time employees of the community college system of New Hampshire as of the effective date of this section shall be considered employees for the purposes of RSA 100-A:1, V.

III. Service as an employee of the community college system of New Hampshire shall be creditable service for purposes of RSA 100-A, RSA 21-I:29, RSA 21-I:30, RSA 21-I:30-a, RSA 21-I:30-b, and RSA 21-I:30-c. Any community college system of New Hampshire employee who transfers, without a break in service, to a state classified, unclassified, or nonclassified service position shall retain and transfer all leave accruals and seniority and be entitled to all the rights and benefits of a permanent employee in the classified or unclassified service of the state based on the years of creditable state service. At the time of such a transfer, the employee shall immediately begin to accrue annual and sick leave as granted at the time of the transfer by the receiving agency according to the employee’s continuous years worked. Any state employee in a classified, unclassified, or nonclassified service position who transfers, without a break in service, to the community college system of New Hampshire shall retain and transfer all leave accruals and seniority and be entitled to all the rights and benefits of a permanent employee in the classified or unclassified service of the state based on the years of creditable state service. At the time of such a transfer, the employee shall immediately begin to accrue annual and sick leave as granted at the time of the transfer by the receiving agency according to the employee’s continuous years worked.

IV. Membership in the retirement system shall be optional for positions within the community college system of New Hampshire for which participation was optional as of June 30, 2007, and for such other positions within the community college system of New Hampshire as may be designated by the board of trustees.

188-F:8 Use of Financial Services and Department of Administrative Services.

I. The financial data management unit shall provide to the community college system of New Hampshire such services it provides pursuant to RSA 21-I:5.

II. The budget unit shall provide to the community college system of New Hampshire such services it provides pursuant to RSA 21-I:6.

III. The risk management unit shall provide to the community college system of New Hampshire such services it provides pursuant to RSA 21-I:7-c.

IV. The division of accounting services shall provide to the community college system of New Hampshire such services it provides pursuant to RSA 21-I:8.

V. The division of personnel shall provide to the community college system of New Hampshire such services it provides pursuant to RSA 21-I:42.

VI. The functions of the personnel appeals board pursuant to RSA 21-I:45-47 shall apply to the community college system of New Hampshire.

VII. The treasurer shall provide to the community college system of New Hampshire such services it provides pursuant to RSA 6.

188-F:9 The State Fund.

I. For the purpose of providing a fund to be known as the community college system of New Hampshire fund, the state treasurer shall in each fiscal year credit to such fund all appropriations made to the community college system.

II. All sums so credited are appropriated to the community college system of New Hampshire for the support and maintenance thereof, including payments of salaries and wages to employees, current expenses, the construction of additional buildings, the purchase of land, library books, and periodicals, the making of necessary repairs and replacements, the building of roads and walks, the improvement of the grounds, the construction, extension, and maintenance of water, sewer, and heating systems, and in general for the payment of all such expenses incident to the management of the community college system of New Hampshire as the trustees thereof may from time to time determine.

III. This fund shall constitute a continuing appropriation for the benefit of the community college system. Any amount remaining to the credit of the system at the close of any fiscal year shall be carried over and credited to its account for the succeeding year.

188-F:10 Nonlapsing Account. Revenue received in excess of the legislative estimates in the community college system of New Hampshire and any net unexpended general fund appropriation balances at the end of the fiscal year shall be placed in a nonlapsing account. Funds in this account shall be considered reserves.

188-F:11 Report.

I. The chancellor and the chairperson of the board of trustees of the community college system of New Hampshire shall issue a joint report annually which shall include detail on the proposed use and distribution of federal vocational and financial aid funds, ongoing upgrades to the information technology systems used by the community college system of New Hampshire, and the overall operation of the community college system of New Hampshire including financial status, enrollment data, and program administration. Such report shall be completed by October 15 of each year. A copy of this report shall be delivered to the chairmen of the house education committee and senate education committee, the speaker of the house of representatives, president of the senate, the governor, the senate clerk, the house clerk, and the state library.

II. Each year the chancellor of the community college system of New Hampshire, as well as one representative from the board of trustees and the president of each institution shall appear before the house finance committee and the senate finance committee to review the system’s programs, cost analysis, revenue projections, and any other information detailed in the written report.

188-F:12 Tax Exemption. The property of the community college system of New Hampshire is exempt from taxation as provided in RSA 72:23.

188-F:13 Names of the Colleges. The names of the respective colleges of the community college system of New Hampshire shall be established, and may be changed, upon approval by the board of trustees and approval by the governor and council.

188-F:14 Accreditation. The community college system of New Hampshire colleges are authorized to seek accreditation and maintain membership in the regional accrediting association to satisfy the requirements necessary to achieve and maintain regional accreditation and to meet the requirements necessary for federal aid. Each individual program of study offered shall meet all of the requirements for professional accreditation or licensing, or both, of the particular specialty as appropriate.

188-F:15 Tuition Waived.

I. If a person is domiciled in this state while serving in or with the armed forces of the United States and is, after February 28, 1961, reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by the enemy during the Southeast Asian conflict, any child of such person, enrolled after March 23, 1972, in a community college system of New Hampshire institution shall, so long as said person is so reported, listed, interned, beleaguered, besieged, or captured, not be required to pay tuition for attendance at such school. Any person entitled to free tuition under this section shall apply to the community college system of New Hampshire institution he or she wishes to attend which may require such proof as deemed necessary in order for a person to qualify for free tuition under this section.

II. The board of trustees shall have the authority to allow full-time employees who have one year of previous service at the community college system, free tuition, and to the dependents of such employees a 50 percent discount of tuition, at the community college system of New Hampshire colleges.

188-F:16 Tuition Waived for Children of Certain Firefighters and Police Officers.

I. A person who is a New Hampshire resident, who is under 25 years of age, and who enrolls in a community college system of New Hampshire institution shall not be required to pay tuition for attendance at such school if he or she is the child of a firefighter or police officer who died while in performance of his or her duties and whose death was found to be compensable under RSA 281-A.

II. Any person entitled to free tuition under this section shall apply to the community college system of New Hampshire institution he or she wishes to attend, which may require such proof as deemed necessary in order for a person to qualify for free tuition under this section.

188-F:17 Federal Funds. The state board of education, acting as the state board for technical education, shall be the primary recipient of federal funds provided under the Carl D. Perkins Vocational Education Act of 1984. The state board shall, each year, provide the community college system of New Hampshire with funds available under the Titles I-IV of the act and subsequent amendments to the act. The board of trustees of the community college system of New Hampshire shall jointly plan with the department of education for the expenditure of funds in the New Hampshire state plan for vocational education. The chancellor of the community college system of New Hampshire and the commissioner of education shall cooperate in the development of applications for such funds.

188-F:18 Early Childhood Laboratory School Fund. There is established the early childhood laboratory school fund which shall be administered by the board of trustees of the community college system. Moneys received from private donations or from federal or other sources shall be deposited into the fund. The purpose of the fund is to provide for payment of the cost of bonds and notes on the early childhood laboratory school at any community college system of New Hampshire institution, and to enhance academic programs in parent education. The fund shall be continually appropriated to the community college system of New Hampshire and shall be nonlapsing.

188-F:19 Liability Limited. Any person who, or any firm or corporation which donates the use of its premises, personnel or equipment to the community college system of New Hampshire to assist it in its training courses shall be immune from civil liability in any action brought on the basis of any act or omission resulting in damage or injury arising out of the use by the community college system of New Hampshire of the equipment, facilities, or services to any person if:

I. The person, firm or corporation was acting pursuant to a prior written request or acceptance by the chancellor of the community college system of New Hampshire; and

II. The damage or injury was not caused by willful, wanton or grossly negligent misconduct by the person, firm, or corporation.

188-F:20 Motor Vehicle Regulations. Other provisions of law notwithstanding, the community college system of New Hampshire is hereby directed to adopt the provisions of the state manual of procedure relative to state-owned motor vehicles as promulgated by governor and council as may be amended. The annual report of motor vehicle operations shall be filed in the same manner and in the same detail as that prescribed for all other state agencies. The community college system shall purchase compact cars consistent with the policy established for all state agencies.

188-F:21 Advice and Supervision. The provisions of RSA 7:8 shall apply to the community college system of New Hampshire.

361:3 Reference Change; Gifts for Historic Sites. Amend the section heading for RSA 4:8-a and RSA 4:8-a, I to read as follows:

4:8-a Gifts for Historic Sites and [Regional Community-Technical Institute and Colleges] the Community College System of New Hampshire.

I. The governor and council may, by executive order, authorize the department of resources and economic development to accept, for the state, gifts of personal property and money which are donated for use in connection with historic sites and the buildings or structures thereon, which are under the management of that department. Each such executive order shall relate to a particular site and may authorize the use of such personal property or the expenditure of such money, in accordance with the terms of the gift, under the supervision of such department. Such executive order, as originally made or later amended, may also authorize the sale or exchange of any such personal property found subsequently to be inappropriate for use, where not inconsistent with the terms of the gift, and application of the proceeds or items received in exchange for the purposes of the original gift. The department shall keep a permanent inventory or record of such gifts and the disposition of such gifts. The governor and council may, by executive order, delegate the same authority with reference to gifts to the division of historical resources, department of cultural resources, and all other provisions of this section shall apply to such gifts. The board of trustees, [department of regional community-technical colleges] community college system of New Hampshire, may accept gifts of personal property and money pursuant to RSA [188-F:3-b, VIII] 188-F:6. The board shall consult with the state curator regarding gifts of potential historic significance. Gifts of historic significance accepted by the board of trustees shall be cataloged by the state curator pursuant to RSA 227-C:4, XVIII, and recognized by the governor and council under this section.

361:4 Reference Change; Purchase of Supplies; Exemptions. Amend RSA 21-I:18, I-a to read as follows:

I-a. The community college system of New Hampshire [regional community-technical colleges] shall not be required to make purchases through the director of plant and property management or utilize the services of the bureau of graphic services unless it so chooses. The [regional community-technical colleges] community college system of New Hampshire shall make purchases under competitive bidding requirements except when waived by the [commissioner of the regional community-technical colleges] chancellor of the community college system of New Hampshire, or a designated agent, upon written justification.

361:5 Reference Change; Militia; Postsecondary Educational Assistance. Amend RSA 110-B:63-b, VI to read as follows:

VI. “Tuition” means the total semester, quarter, or classroom hour cost of instruction to the student as established by the university system board of trustees or the board of [governors of the regional community-technical institute and colleges] trustees of the community college system of New Hampshire.

361:6 Reference Change; Militia; Postsecondary Educational Assistance. Amend RSA 110-B:63-c, II to read as follows:

II. Be enrolled in a degree-enhancing curriculum in any [vocational or technical school] college that is under the authority of the [commissioner of regional community-technical colleges] chancellor of the community college system of New Hampshire, or enrolled in any degree-enhancing curriculum in any public college or university within the state.

361:7 Reference Change; Militia; Postsecondary Educational Assistance. Amend RSA 110-B:63-d, II to read as follows:

II. The chancellor of the university system for the university system and the [commissioner of regional community-technical colleges for the regional community-technical institute and colleges] chancellor of the community college system of New Hampshire for the community college system of New Hampshire shall establish policies for determining when a course has space available.

361:8 Reference Change; Militia; Postsecondary Educational Assistance. Amend RSA 110-B:63-g to read as follows:

110-B:63-g Report. The chancellor of the university system on behalf of the university system and the [commissioner of the regional community-technical colleges on behalf of the regional community-technical institute and colleges] chancellor of the community college system of New Hampshire on behalf of the community college system of New Hampshire shall, no later than November 1 of each year, submit a report to the speaker of the house, the senate president, and the governor detailing the number of national guard members enrolled at postsecondary institutions for the prior fiscal year under this subdivision and the specific courses or curriculum in which such members are enrolled.

361:9 Reference Change; Advisory Council on Child Care. Amend RSA 126-A:17, II(l) to read as follows:

(l) One representative of New Hampshire early childhood education programs, appointed by the [commissioner of the New Hampshire regional community-technical college system] chancellor of the community college system of New Hampshire.

361:10 Reference Change; Advisory Committee on Heating System Certification. Amend RSA 153:16-c, III(e) to read as follows:

(e) One individual experienced in the training and education of heating system installers, recommended by the [commissioner of the regional community-technical colleges] chancellor of the community college system of New Hampshire.

361:11 Reference Change; Public Higher Education Study Committee. Amend RSA 187-A:28-a to read as follows:

187-A:28-a Public Higher Education Study Committee. Educational opportunity in New Hampshire must involve all the components of education. The general court acknowledges that education does not start or end at any particular point. There is hereby established a permanent public higher education study committee for the state of New Hampshire. The study committee shall be composed of 8 members and shall examine the goals, purposes, organization, and financing of public higher education in New Hampshire, and shall evaluate and make recommendations on the university of New Hampshire, Plymouth state university, Keene state college, the Granite state college, and the [regional community-technical college system] community college system of New Hampshire.

361:12 New Paragraph; Public Higher Education Study Committee; Duties. Amend RSA 187-A:28-c by inserting after paragraph I-a the following new paragraph:

I-b. In addition to the duties set forth in paragraph I, the committee shall monitor the transition of the regional community-technical college system to a self-governing community college system.

361:13 Reference Change; Public Higher Education Study Committee; Duties. Amend RSA 187-A:28-c, II to read as follows:

II. The committee shall act as liaison between the university system, the [regional community-technical colleges] community college system of New Hampshire, the general court, and the public to promote better understanding and communications between public higher education, the general court, and the public.

361:14 Reference Change; Public Higher Education Study Committee; Report and Recommendation. Amend RSA 187-A:28-d to read as follows:

187-A:28-d Report and Recommendations. The committee shall submit a report to the general court by January 15 of each year. Copies of the report shall be submitted to the governor and council, the senate finance and education committees, the house of representatives finance and education committees, the board of trustees of the university system, the [commissioner of the regional community-technical college system] chancellor of the community college system of New Hampshire, and to any other individual or organization as the committee deems advisable.

361:15 Reference Change; Allied Health Professions; Administration. Amend RSA 188-B:2 to read as follows:

188-B:2 Administration. The [commissioner of regional community technical colleges] chancellor of the community college system of New Hampshire is charged with the administration of this chapter and is authorized, within the funds appropriated therefor, to employ teachers, administrative staff and such other employees as may be necessary to carry out the provisions hereof. The [commissioner] chancellor is authorized and directed to locate the facilities for any training program hereunder at the [state regional community-technical institute and colleges] community college system of New Hampshire, and to establish and implement curricula for as many of said professions as soon as possible, and to make application for and receive any and all federal grants or assistance available. The [commissioner] chancellor shall study the feasibility for the expansion and greater implementation of the general purposes of this chapter including the establishment of new facilities for the purposes hereunder and shall make recommendations to the next session of the legislature relative to the matter.

361:16 Reference Change; Postsecondary Education Commission; Membership. Amend RSA 188-D:2, I to read as follows:

I. The president of the university of New Hampshire; the president of Keene state college; the president of Plymouth state university; the chancellor of the university system; a president of one of the institutions of the [department of regional community-technical colleges] community college system of New Hampshire, to be chosen by the board of trustees of [that department] the community college system;

361:17 Reference Change; Postsecondary Education Commission; Membership. Amend RSA 188-D:2, III to read as follows:

III. The commissioner of education and the [commissioner of regional community-technical colleges] chancellor of the community college system of New Hampshire;

361:18 Reference Change; Automotive Technology Curriculum and Advisory Council. Amend the introductory paragraph of RSA 188-E:18, III to read as follows:

III. In developing and implementing an automotive technology curriculum, the efforts of the department of education shall complement existing public and private actions, and shall include the pursuit of innovative public-private partnerships with businesses, nongovernmental organizations, the [community-technical college system] community college system of New Hampshire, and other appropriate groups. Such partnerships shall at a minimum consist of a 50/50 match of public and private funds, or like kind compensation.

361:19 Reference Change; Automotive Technology Curriculum and Advisory Council; Membership. Amend RSA 188-E:20, I(d)-(e) to read as follows:

(d) The [commissioner of the regional community-technical college system] chancellor of the community college system of New Hampshire, or designee.

(e) One automotive instructor teaching in the [community-technical college system] community college system of New Hampshire, appointed by the governor and council.

361:20 Reference Change; Police Standards and Training Council. Amend RSA 188-F:24, I-II to read as follows:

I. There is established a police standards and training council. It shall consist of 12 members as follows: 2 members shall be chiefs of police in towns; 2 members shall be chiefs of police in cities; 2 members shall be county sheriffs; 2 members shall be judges of courts with criminal jurisdiction; the [commissioner of regional community-technical colleges] chancellor of the community college system of New Hampshire or designee; the director of the division of state police or designee; the attorney general or designee, and the commissioner of the department of corrections or designee.

II. Except for the [commissioner of regional community-technical colleges] chancellor of the community college system of New Hampshire or designee, the attorney general or designee, the director of the division of state police or designee, and the commissioner of the department of corrections or designee, who shall serve during their continuance in office, members of the council shall be appointed by the governor for terms of 2 years. No member shall serve beyond the time that the office or employment which qualified such member for appointment. Any vacancy on the council shall be filled for the unexpired term in the same manner as the original appointment is held. Persons filling vacancies shall be appointed to serve out the unexpired term and shall have the same qualifications for office as the member whose vacancy they are filling.

361:21 Reference Change; Police Standards and Training Council. Amend RSA 188-F:24, VII to read as follows:

VII. The council shall report annually to the governor and executive council[, with a copy to the board of trustees of the department of regional community-technical colleges] on its activities, and may make such other reports as it deems desirable.

361:22 Reference Change; Police Standards and Training Council; Agency Attached. Amend RSA 188-F:25 to read as follows:

188-F:25 Agency Attached. The police standards and training council is [transferred to the department of regional community-technical colleges and is administratively attached to that department] an executive branch council and is not a body corporate and politic. The police standards and training council shall be administratively attached to the community college system of New Hampshire subject to the provisions prescribed by RSA 21-G:10. The police standards and training council and the director and employees hired by the director performing the functions required by RSA 188-F:22 through RSA 188-F:32-d shall be subject to RSA 7:8, RSA 541-B, and RSA 99-D, and shall be subject to attorney general review of contracts subject to governor and council review.

361:23 Reference Change; Police Standards and Training Council; Powers. Amend RSA 188-F:26, VII to read as follows:

VII. Establish, maintain, certify, or approve institutions and facilities for training police officers, state corrections officers, or state probation-parole officers, and recruits for such positions[, with approval of the department’s board of trustees].

361:24 Reference Change; Police Standards and Training Council; Powers. Amend RSA 188-F:26, XIV to read as follows:

XIV. [The department shall employ a director of police standards and training and such other personnel as may be necessary to perform the duties assigned by the department. The director shall be nominated by the council and appointed by the commissioner] Nominate and appoint a director of police standards and training for a term of 4 years [and] who shall report to the police standards and training council, and who shall be an unclassified employee, and whose salary shall be established by RSA 94:1-a. All other employees shall be hired by the director and shall be classified employees. The director shall have practical and academic knowledge in the field of law enforcement, including substantial administrative experience and a degree or degrees in criminology, police administration, or other similar field or any equivalent combination of education and experience.

361:25 Reference Change; Police Standards and Training Council; Attendance. Amend RSA 188-F:32, to read as follows:

188-F:32 Attendance by Persons Other Than Police Officers. Persons who are not police officers as defined by RSA 188-F:23 may attend courses given by the police standards and training council [by arrangement with the regional community-technical colleges department] under such conditions and for such tuition as may be established by the council [and the department]. Certain courses may be closed to persons who are not police officers on recommendation of the director and approval by the council [and the board of trustees].

361:26 Reference Change; Dropout Prevention and Dropout Recovery Oversight Council. Amend RSA 189:60, I(d) to read as follows:

(d) The [commissioner of the community-technical college system] chancellor of the community college system of New Hampshire, or designee.

361:27 Reference Change; College Tuition Savings Plan; Advisory Committee. Amend RSA 195-H:2, I(a)(8) to read as follows:

(8) One member representing the [regional community-technical college system] community college system of New Hampshire, appointed by the [commissioner] chancellor of the community college system of New Hampshire.

361:28 Reference Change; New England Higher Education Compact; Membership. Amend RSA 200-A:3 to read as follows:

200-A:3 Membership of Board. There shall be 8 resident members from New Hampshire on the New England Board of Higher Education as provided in article II of the compact. One of such resident members shall always be the chancellor of the university system. The second resident member shall be the executive director of the postsecondary education commission. The third resident member shall be the [commissioner of regional community-technical colleges] chancellor of the community college system of New Hampshire. The fourth and fifth resident members shall be citizens of the state appointed by the governor and council. The sixth resident member shall be a member of the house of representatives appointed by the speaker of the house. The seventh member shall be a member of the senate appointed by the president of the senate. The eighth resident member shall be a representative of a private college in New Hampshire appointed by the governor and council. The term of office for each of the first 3 resident members shall be concurrent with his or her term as chancellor[,] or executive director[, or commissioner]. The term of office for each of the latter 5 resident members shall be for 4 years and until a successor is appointed and qualified, except that the term of any member of the general court shall terminate if such member shall cease to be a state legislator. In that case, another member shall be appointed in a like manner for the unexpired term. The term of the member representing a private college shall end if the member’s association with the private college terminates. Each member of the board shall receive his or her expenses actually and necessarily incurred by the member in the performance of his or her duties as a member. In addition to their expenses, the fourth, fifth, sixth, seventh, and eighth members shall receive $15 per day compensation for time actually spent in the work as a member of the New England Board of Higher Education, provided that the total for expenses and per diem compensation for any of such 5 members shall not exceed the sum of $500 during any one fiscal year. All expenses and per diem compensation shall be audited by the commissioner of administrative services as expenses of other employees are audited and shall be a charge against any appropriation provided for this purpose.

361:29 Reference Change; Guardian ad Litem Board; Duties. Amend RSA 490-C:4, II(a) to read as follows:

(a) Commission the participation of Franklin Pierce Law Center, the [regional community-technical college system] community college system of New Hampshire, or other appropriate in-state educational institutions to provide training for guardians ad litem on a tuition basis and itself provide training on a tuition basis.

361:30 New Section; Defense and Indemnification; Community College System of New Hampshire. Amend RSA 99-D by inserting after section 2-a the following new section:

99-D:2-b Community College System of New Hampshire. The provisions of RSA 99-D:2 shall apply to the trustees, officials, statutory committees, or employees of the community college system of New Hampshire.

361:31 Claims Against the State. Amend RSA 541-B:1, I to read as follows:

I. “Agency” means all departments, boards, offices, commissions, institutions, other instrumentalities of state government, including but not limited to the Pease development authority, division of ports and harbors, the New Hampshire housing finance authority, the New Hampshire energy authority, the community college system of New Hampshire, and the Pease development authority, and the general court, including any official or employee of same when acting in the scope of his or her elected or appointed capacity, but excluding political subdivisions of the state.

361:32 Governmental Use of Property. Amend RSA 674:54, I and II to read as follows:

I. In this section, ““governmental use” means a use, construction, or development of land owned or occupied, or proposed to be owned or occupied, by the state, university system, the community college system of New Hampshire, or by a county, town, city, school district, or village district, or any of their agents, for any public purpose which is statutorily or traditionally governmental in nature.

II. The state, university system, community college system of New Hampshire, county, town, city, school district, or village district shall give written notification to the governing body and planning board, if such exists, of a municipality of any proposed governmental use of property within its jurisdiction, which constitutes a substantial change in use or a substantial new use. Written notification shall contain plans, specifications, explanations of proposed changes available at the time, a statement of the governmental nature of the use as set forth in paragraph I, and a proposed construction schedule. Such notification shall be provided at least 60 days prior to the beginning of construction. Either the governing body or planning board of the municipality may conduct a public hearing relative to the proposed governmental use. Any such hearing shall be held within 30 days after receipt of notice by the governing body or planning board. A representative of the governmental entity which provided notice shall be available to present the plans, specifications, and construction schedule, and to provide explanations. The governing body or planning board may issue nonbinding written comments relative to conformity or nonconformity of the proposal with normally applicable land use regulations to the sponsor of the governmental use within 30 days after the hearing.

361:33 Compensation of Certain State Officers; Salaries. Amend RSA 94:1-a, I(b) by deleting the following:

GG Department of regional community technical colleges director of financial

management

II Department of regional community technical colleges deputy commissioner

II Department of regional community-technical colleges president, regional

community technical

college KK Department of regional community technical colleges commissioner

361:34 Compensation of Certain State Officers; Salaries. Amend RSA 94:1-a, I(b) as follows:

I. Delete:

FF Department of regional community technical colleges planetarium director

GG Department of regional community technical colleges director, police

standards and

training council

II. Insert:

FF Christa McAuliffe planetarium planetarium director

GG Police standards and training council director

361:35 Repeal. The following are repealed:

I. RSA 99-D:2-b, relative to defense and indemnification of the community college system of New Hampshire.

II. RSA 188-F:8, relative to use of financial and administrative services by the community college system of New Hampshire.

III. RSA 188-F:21, relative to advice and supervision provided to the community college system of New Hampshire by the attorney general.

IV. RSA 188-F:23, III, relative to the definition of the department of regional community-technical colleges.

361:36 New Hampshire Retirement System; Definitions. Amend RSA 100-A:1, IV to read as follows:

IV. “Employer” shall mean (a) the state or any department, commission, institution, or agency of the state government by which an employee is paid through the office of the state treasurer with respect to their employees, (b) the state, the local school district, or other employers of teachers eligible for membership in the system with respect to the teachers in their employ, (c) any police department or police force of the state, or of any county, city, town, village, or precinct in the state with respect to the permanent policemen in their employ, (d) any fire department of the state, or of any county, city, town, village, or precinct in the state with respect to the permanent firemen in their employ, [and] (e) any political subdivision that has elected to participate under RSA 100-A:20, and (f) the community college system of New Hampshire; provided, however, that in no instance shall any employer contribute or participate in the retirement system unless by a reasonable determination of the board of trustees such employer qualifies as a governmental entity, political subdivision, agency, or instrumentality eligible to participate in the retirement system as a governmental plan within the meaning of section 414(d) of the United States Internal Revenue Code of 1986, as amended.

361:37 Community College System Legislative Oversight Committee Established; Effective November 1, 2008.

I. There is established a community college system legislative oversight committee to study the efficacy of the transition of the community college system’s academic programs, financial management, and administrative operations from state agency to self-governing entity.

II. Membership and Compensation. The members of the committee shall be as follows:

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

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

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

IV. Duties. The committee shall study:

(a) The efficacy of the transition of the community college system’s academic programs, financial management, and administrative operations from state agency to self-governing entity.

(b) The changes in student enrollment, categorized by academic area.

(c) Financial and budgeting practices employed by the community college system of New Hampshire, including the change in administrative overhead expenses and the ability to keep tuition affordable for students.

(d) The amount of state funds requested by the community college system of New Hampshire.

(e) Any other issue concerning the operation or administration of the community college system of New Hampshire deemed relevant to the committee. The committee may solicit input from any individual or organization with relevant information or expertise.

V. 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 house 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.

VI. Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate education committees, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009. If the committee concludes there are substantial concerns with the operation or administration of the community college system of New Hampshire, the committee shall include in its report detailed proposed legislation to remedy such concerns, including, if appropriate, additional legislative oversight and continued partnership with the state on certain duties and functions, or legislation necessary to return the community college system of New Hampshire to state agency status.

361:38 Reference Changed. Amend RSA 12-A:54, II(b)(3) to read as follows:

(3) The [commissioner of the department of regional community-technical colleges] chancellor of the community college system of New Hampshire, or designee.

361:39 References Changed. Amend RSA 12-A:57, I-II to read as follows:

I. So long as it is feasible, training shall be provided by the [department of regional community-technical colleges] community college system of New Hampshire, which may charge full market value for the training provided.

II. When the [department of regional community-technical colleges] community college system of New Hampshire cannot provide desired training, the training grant recipient will be free to contract with some other training entity approved by the [department] community college system of New Hampshire.

361:40 Effective Date.

I. Paragraphs I-III of section 35 of this act shall take effect July 1, 2009.

II. Section 37 of this act shall take effect November 1, 2008.

III. The remainder of this act shall take effect upon its passage.

Approved: July 17, 2007

Effective: I. Paragraphs I-III of section 35 shall take effect July 1, 2009.

II. Section 37 shall take effect November 1, 2008.

III. Remainder shall take effect July 17, 2007.

• SB82 at GenCourtMobile

Bill Text Revisions

SB82 Revision: 11288 Date: Jan. 11, 2010, midnight

Docket

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