CHAPTER 13
SB 77 – FINAL VERSION
24Mar2009… 0783h
2009 SESSION
05/03
SENATE BILL 77
AN ACT renaming the Christa McAuliffe planetarium the McAuliffe-Shepard discovery center.
SPONSORS: Sen. Janeway, Dist 7; Sen. D'Allesandro, Dist 20; Sen. Larsen, Dist 15; Sen. Letourneau, Dist 19; Rep. Osborne, Merr 12; Rep. Bouchard, Merr 11
COMMITTEE: Executive Departments and Administration
This bill changes the name of the Christa McAuliffe planetarium to the McAuliffe-Shepard discovery center.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0783h
09-0185
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT renaming the Christa McAuliffe planetarium the McAuliffe-Shepard discovery center.
Be it Enacted by the Senate and House of Representatives in General Court convened:
13:1 Dedicated Funds; Reference Change. Amend RSA 6:12, I(b)(172) to read as follows:
(172) Moneys deposited in the [Christa McAuliffe planetarium] McAuliffe-Shepard discovery center fund under RSA 12-L:10.
13:2 McAuliffe-Shepard Discovery Center. The chapter heading of RSA 12-L is repealed and reenacted to read as follows:
CHAPTER 12-L
MCAULIFFE-SHEPARD DISCOVERY CENTER
13:3 McAuliffe-Shepard Discovery Center; Definitions; Purpose; Commission. RSA 12-L:1-3 are repealed and reenacted to read as follows:
12-L:1 Definitions. In this chapter:
I. “Commission” means the McAuliffe-Shepard discovery center commission.
II. “Discovery center” means the McAuliffe-Shepard discovery center, which includes the planetarium and related exhibits pertaining to astronomy, aviation, and earth and space sciences.
III. “Touch the Future” means the nonprofit corporation organized to promote the welfare of the discovery center and to assist the discovery center director and the commission.
IV. “Planetarium” means the discovery center planetarium.
12-L:2 Declaration of Purpose. The McAuliffe-Shepard discovery center is the official state memorial for Sharon Christa McAuliffe, the Concord, New Hampshire social studies teacher who was chosen to be America’s first teacher in space. The discovery center is also the official state memorial for Alan B. Shepard, the Derry, New Hampshire native who was the first American in space. The discovery center’s mission is to educate, incite, and entertain learners of all ages in the sciences and humanities by actively engaging them in the exploration of astronomy, aviation, and earth and space science.
12-L:3 Commission Established. There is hereby established a McAuliffe-Shepard discovery center commission which shall be responsible for the management and operation of the discovery center, including the planetarium located in Concord, and the buildings and grounds related thereto.
13:4 McAuliffe-Shepard Discovery Center; Reference Changes. Amend RSA 12-L:7-12 to read as follows:
12-L:7 Commission; Powers and Duties.
I. The commission shall have the following responsibilities:
(a) Supervise the design and program of the [planetarium] discovery center as authorized by the general court in a manner consistent with the intent of the project. All construction shall be undertaken under the provisions of RSA 228 and all contracts shall receive final approval by the governor and council.
(b) Oversee the administration of the [planetarium] discovery center and ensure that its mission is achieved.
(c) Cooperate and consult with the discovery center director [of the planetarium] concerning the daily operation of the discovery center, including the planetarium[, as well as] and integrated educational programs.
(d) Authorize the discovery center director [of the planetarium] to enter into contracts which are necessary for the administration of its authority pursuant to this chapter. All contracts, agreements, procurement, personnel, and operations shall be subject to the same requirements as all state agencies; provided, however, that any specialized [planetarium] discovery center program or equipment for which the estimated cost is funded from gifts, grants, or donations to the [planetarium] discovery center fund shall be exempt from competitive bidding requirements.
(e) Notwithstanding any other provisions of law, authorize the discovery center director [of the planetarium] to sell, lease, or trade specialized [planetarium] discovery center programs or equipment. Proceeds from such transactions shall be used to support the operations of the [planetarium] discovery center.
(f) Delegate responsibilities for fund raising to Touch the Future, as the commission deems appropriate.
II. The commission shall:
(a) Set and collect all fees generated by the [planetarium] discovery center, such fees to be used by the commission in its duties and for its expenses. Reasonable fees may be set by the commission without regard to RSA 541-A. The commission’s accounts shall be subject to annual audit by the office of the legislative budget assistant.
(b) Adopt rules under RSA 541-A relative to:
(1) Requirements for use of facilities by outside parties.
(2) Rights and responsibilities of patrons.
(3) Rights and responsibilities of schools utilizing [planetarium] discovery center programs and services.
12-L:8 Director; Staff. The commission shall employ a discovery center director [of the planetarium] and such staff as may be necessary to perform the duties assigned by the commission. The director shall be nominated by the commission and confirmed by the governor and council, and shall serve at the pleasure of the commission. The director shall be an unclassified employee whose salary shall be established under RSA 94:1-a. All other employees under this section shall be classified employees.
12-L:9 Gifts; Grants; Donations. Notwithstanding any other provision of law, the commission is authorized to institute promotional programs to solicit and receive gifts, grants, or donations, of any kind, made for the development or operation of the [planetarium] discovery center. The commission may accept gifts, grants, and donations of money and property, other than real property, for use in institutional programs without the approval of the governor and council. All monetary grants, gifts, or donations shall be deposited in the [Christa McAuliffe planetarium] McAuliffe-Shepard discovery center fund. Authority of the commission granted by this paragraph may be delegated to Touch the Future as the commission deems appropriate. Such delegation shall be reviewed from time to time and the commission shall have the authority to revoke or limit any such delegation.
12-L:10 [Christa McAuliffe Planetarium] McAuliffe-Shepard Discovery Center Fund.
I. There is hereby established in the office of the state treasurer a fund to be known as the [Christa McAuliffe planetarium] McAuliffe-Shepard discovery center fund which shall be kept separate and distinct from all other funds. All fees received by the commission pursuant to RSA 12-L:7 and all monetary gifts, grants, and donations pursuant to RSA 12-L:9 shall be deposited in such fund. The fund is established to pay for the operational expenses of the [planetarium and the planetarium] discovery center and the commission. The moneys in this fund shall be nonlapsing and shall be continually appropriated to the commission.
II. Nothing in this section shall be construed to prohibit the commission from establishing an endowment fund.
12-L:11 Transfer of Funds. The commission may transfer funds between and among line items within the [planetarium] discovery center budget regardless of funding source or funding mix, except that such authority shall not apply to the use of donor designated funds.
12-L:12 Gift Store. The [planetarium] discovery center may operate a gift store in conjunction with and in support of its mission. Revenues from the sale of store inventory shall be used for inventory replacement. Any inventory replacement that is totally funded by revenues from the gift store shall be exempt from competitive bidding requirements. Revenues from sales which exceed the cost of inventory replacement shall be used for [planetarium] discovery center operations.
13:5 McAuliffe-Shepard Discovery Center Director. Amend RSA 94:1-a, I(b) by:
I. Inserting:
FF McAuliffe-Shepard discovery center director
II. Deleting:
FF Christa McAuliffe planetarium planetarium director
13:6 Community College System Board of Trustees; Reference Change. Amend RSA 188-F:6, VIII to read as follows:
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] McAuliffe-Shepard discovery center, which shall not be commingled with any funds of the community college system of New Hampshire.
13:7 Effective Date. This act shall take effect upon its passage.
Approved: April 17, 2009
Effective Date: April 17, 2009