CHAPTER 109
HB 608-FN – FINAL VERSION
18Feb2009… 0259h
2009 SESSION
05/10
HOUSE BILL 608-FN
AN ACT establishing a committee to oversee the design and construction of a public works employee memorial for public works employees who died in the course of performing public duties.
SPONSORS: Rep. Lerandeau, Ches 6; Rep. Campbell, Hills 24; Rep. Cloutier, Sull 4; Rep. Chandler, Carr 1; Rep. Graham, Hills 18; Sen. Kelly, Dist 10; Sen. Gallus, Dist 1; Sen. Letourneau, Dist 19; Sen. DeVries, Dist 18
COMMITTEE: Public Works and Highways
This bill establishes a committee to oversee the design and construction of a public works employee memorial for public works employees who died in the course of performing public duties. The bill also establishes a special account for deposit of funds donated to the memorial.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Feb2009… 0259h
09-0659
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a committee to oversee the design and construction of a public works employee memorial for public works employees who died in the course of performing public duties.
Be it Enacted by the Senate and House of Representatives in General Court convened:
109:1 New Sections; Public Works Employee Memorial; Committee and Dedicated Fund Established. Amend RSA 4 by inserting after section 9-h the following new sections:
4:9-i Public Works Employee Memorial.
I. There shall be a memorial to commemorate New Hampshire public works employees who were killed while performing public works duties on behalf of a municipality, a county, or the state. The memorial shall be situated on a site to be determined by the committee established in RSA 4:9-j. The governor is authorized to accept in the name of the state the public works employee memorial as a private gift upon its completion.
II.(a) The director of operations, subject to the direction and supervision of the commissioner of transportation, shall act as the custodian of the public works employee memorial, and shall have charge of all matters relating to the care, maintenance, repair, and additions to the memorial.
(b) The director of operations, subject to the direction and supervision of the commissioner of transportation, shall administer and disburse to the committee established in RSA 4:9-j the moneys in the special account established under RSA 4:9-j. No money other than necessary expenses prior to construction shall be disbursed until the governor and council approve and award the contract for the construction of the public works employee memorial.
4:9-j Committee Established; Special Account.
I. A committee is established to oversee the location, design, and construction of a public works employee memorial and to privately raise and expend all the funds necessary for its construction and maintenance. The governor is authorized to accept for the committee, in the name of the state, the gifts of money, which are donated to construct the memorial.
II. The gifts of money, which are donated to construct the memorial, shall be placed in a special non-lapsing account in the state treasury, to be expended for the purposes of the public works employee memorial. Any money remaining in the special account after construction of the memorial is completed shall be used for the care, maintenance, repair, and additions to the memorial, or for any other purpose deemed appropriate by the committee.
III. The committee shall remain in existence upon the completion of the public works employee memorial for the purpose of overseeing maintenance and approving any change to the memorial, such as the addition of names to the memorial. Any site change for the memorial shall be made under the supervision of the director of operations of the department of transportation, according to the provisions of RSA 4:9-i, II.
4:9-k Committee Membership and Duties.
I. The members of the committee established in RSA 4:9-j shall be as follows :
(a) One member appointed by the New Hampshire Public Works Association.
(b) One member appointed by the New Hampshire Road Agents Association.
(c) One member appointed by the New Hampshire Municipal Association.
(d) The commissioner of transportation, or designee.
(e) One member, who shall be a classified state employee of the department of transportation, appointed by the New Hampshire State Employees Association.
(f) One member, who shall be a family member of a public works employee who died in the course of performing public works duties on behalf of the state, appointed by the governor.
II. The members of the committee shall elect a chairperson from among the members. The commissioner of transportation, or designee, shall call the first meeting of the committee. Four members of the committee shall constitute a quorum.
III. The committee shall select the location and design for the public works employee memorial and oversee the construction and maintenance of the memorial. The award of the contract for the construction of the public works employee memorial shall be subject to the approval of the governor and council. The committee shall advise and inform the municipality in which the memorial is located as to the design, construction plans, and location for the memorial.
IV. The committee, through the New Hampshire public works community, shall privately raise all the money necessary for the planning, design, construction, and maintenance of the public works employee memorial. Notwithstanding RSA 4:9-i, II(b), the committee shall have the authority to expend the money raised without the approval of governor and council.
109:2 New Subparagraph; Dedicated Accounts; Public Works Employee Memorial. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the public works employee memorial account established in RSA 4:9-j.
109:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 15, 2009
Effective Date: August 14, 2009