CHAPTER 368
HB 1690 – FINAL VERSION
17Feb2010… 0556h
05/05/10 1734s
02Jun2010… 2434eba
2010 SESSION
04/10
HOUSE BILL 1690
AN ACT making statutory changes required by the repeal of certain non-regulatory boards, commissions, councils, advisory committees, and task forces.
SPONSORS: Rep. Harding, Graf 11; Rep. Kurk, Hills 7; Rep. Irwin, Hills 3; Sen. Cilley, Dist 6; Sen. Downing, Dist 22
COMMITTEE: Legislative Administration
This bill repeals certain non-regulatory boards, commissions, councils, advisory committees, and task forces, and makes relevant statutory changes necessitated by such repeals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Feb2010… 0556h
05/05/10 1734s
02Jun2010… 2434eba
10-2939
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT making statutory changes required by the repeal of certain non-regulatory boards, commissions, councils, advisory committees, and task forces.
Be it Enacted by the Senate and House of Representatives in General Court convened:
368:1 Repeal of Certain Non-Regulatory Boards, Commissions, Councils, Advisory Committees, and Task Forces. Notwithstanding 2009, 144:87, I(a), the following non-regulatory boards, commissions, councils, advisory committees, and task forces are hereby repealed effective December 31, 2010:
(1) RSA 12-A:44 Advisory Committee on Travel and Tourism
(2) RSA 12-H New Hampshire Council on Applied Technology
and Innovation
(3) RSA 19-C American and Canadian French Cultural
Exchange Commission
(4) RSA 21-H:14-a Strategic Capital Plan Committee
(5) RSA 21-I:19-c Interagency Energy Efficiency Committee
(6) RSA 21-I:28-a Legislative Advisory Committee on the
Administration of the State Employee Health
Plan
(7) RSA 21-K:17 Granite State Cultural Legacy Award
Selection Committee
(8) RSA 21-P:24-a Hazardous Materials Transportation Advisory
Committee
(9) RSA 125-G:6 and 7 Nuclear Waste Technical Review Council
(10) RSA 125-P Council on the Relationship Between Public
Health and the Environment
(11) RSA 126-H:9 Joint Legislative Oversight Committee on
Healthy Kids Corporation Reform
(12) RSA 132:19-21 Perinatal Alcohol, Tobacco, and Other Drug Use
Task Force
(13) RSA 149-O Recycling Market Development Steering
Committee
(14) RSA 151-C:16 Task Force on the Certificate of Need Statute
(15) RSA 151-E:6-a Long Term Care Rate Advisory Committee
(16) RSA 153:5-b Advisory Committee on Portable Fire
Extinguisher and Fixed Fire Extinguishing
Systems
(17) RSA 169-H Commission on Juvenile Justice
(18) RSA 187-B Environmental Research Advisory Committee
(19) RSA 200-C:14 Advisory Committee for the Workers’ Personal Care Assistance Program
(20) RSA 201-A:3 through 8-b State Library Advisory Council
(21) RSA 201-A:24 and 24-a New Hampshire Automated Information
Systems Board
(22) RSA 201-A:27 “Webster” Advisory Board
(23) RSA 216-F:5, IV-V Standing Subcommittee to New Hampshire
Statewide Trail System Advisory Committee
(24) RSA 216-H:5 Ahern State Park Advisory Committee
(25) RSA 217-B:2 through 4 Freedom’s Way Heritage Area Commission
(26) RSA 275:59 Advisory Council to the Labor Commissioner
(27) RSA 327-A:4 Advisory Council to the Commissioner of the
Department of Health and Human Services on
the Dispensing of Spectacles, Eyeglasses, and
Contact Lenses
(28) RSA 332-E:2 Advisory Committee to the Commissioner of
Environmental Services
(29) RSA 430:10 State Committee on Mosquito Control
(30) RSA 434:38 Advisory Board to the Commissioner of
Agriculture, Markets, and Food
(31) RSA 437-A:7-9 Committee to Study Pet Overpopulation in
New Hampshire
(32) RSA 481:1-b Water Resources Committee
(33) RSA 482:93 Dam Management Review Committee
(34) RSA 483-D:2 and 3 Winnipesaukee River Watershed Advisory
Committee
(35) 2004, 164:2-3 Energy Planning Advisory Board
(36) RSA 4:9-f through 9-h Committee to Select the Location and Design
for a September 11 Memorial
(37) RSA 4-C:29 Housing and Conservation Planning Program
Advisory Board
(38) RSA 21-K:18 through 22 New Hampshire Civil War Memorials
Commission
(39) RSA 125-G:4 Nuclear Waste Policy Advisory Committee
(40) RSA 126:24-g Advisory Committee on Quality of Vital
Records Information
(41) RSA 126-A:32 Emergency Shelter and Homeless
Coordination Commission
(42) RSA 141-E:5 Asbestos Abatement Advisory Committee
(43) RSA 169-G:1 Review Panel
(44) RSA 171-A:1-d Committee to Develop a Plan to Address Long-
Term Workforce and Related Human
Resources Issues
(45) RSA 188-E:4 Regional Advisory Committees
(46) RSA 188-E:19 Automotive Technology Advisory Council
(47) RSA 207:22-b Wildlife Damage Control Advisory Board
(48) RSA 261:90-a Official Cover Plate Advisory Committee
(49) RSA 263:34-f Motorcycle Rider Education Program Advisory
Committee
(50) RSA 273-A:9, V Joint Committee on Employee Relations
(51) RSA 321-A:10-11 Amusement Ride Safety Advisory Board
(52) RSA 541-B:23 Oversight Committee for Claims Arising From
the Clinical Operation and Administration of
the New Hampshire Hospital and Clinical
Services Provided to the Department of
Corrections
(53) RSA 664:5-c Advisory Committee to Monitor the Application
of Federal and New Hampshire Campaign
Financing Statutes
368:2 High-Level Radioactive Waste; Office of Energy and Planning. Amend RSA 125-G:3, III-V and the introductory paragraph in RSA 125-G:3, VI to read as follows:
III. The office shall disseminate or arrange with the federal Department of Energy or other federal agency to disseminate in a timely manner information received under paragraph II to [the council, the committee,] appropriate state agencies, appropriate local units of government, and interested citizen groups and citizens.
IV. The office[, in accordance with the recommendations and advice of the council and committee,] shall respond to contacts made under paragraph I and information received under paragraph II if a response is appropriate. The office shall consult with [the council, the committee,] appropriate state agencies[,] and affected local units of government. [The council and the committee may prepare written comments for use by the office in preparing its response.
V. The office shall provide staff and support services to the committee, as the committee may require.
VI.] V. The office[, in consultation with the council and the committee,] shall adopt rules, under RSA 541-A, relative to procedures necessary to enable it to discharge its duties and powers under this chapter and to carry out the purposes and objectives of this chapter, including but not limited to:
368:3 High-Level Radioactive Waste. Amend RSA 125-G:8-11 to read as follows:
125-G:8 Office[, Council, and Committee as Advocates] as Advocate. The office[, the council, and the committee] shall serve as [advocates] an advocate on behalf of the citizens of this state before the federal Department of Energy and other federal agencies on matters related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
125-G:9 Educational Programs. The office shall promote and coordinate educational programs which provide information on the nature of high-level radioactive waste; the long-term or temporary storage or permanent disposal of these wastes; the activities of the office[, the council, and the committee] and the activities of the federal Department of Energy and other federal agencies related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
125-G:10 Review of Fund Applications. The office[, in consultation with the council and the committee,] shall review any application to the federal Department of Energy or other federal agency or its contractor, by a state agency, or any other person including the state institutions of higher learning, a local unit of government, or a regional planning commission or any other person for funds for any program related to the long-term or temporary storage or permanent disposal of high-level radioactive waste. If the office finds that the application is not consistent with the state’s nuclear waste policy or that the application is not in the best interests of the state, the office[, after consultation with the council and the committee,] shall forward its findings to the governor, the speaker of the house of representatives and the president of the senate, and the federal agency to which the application for funds is being made. If the office finds that the application of a state agency is not consistent with the state’s nuclear waste policy or that the application of a state agency is not in the best interests of the state, the findings forwarded to the governor shall include a recommendation that the governor take action as necessary to safeguard the interests of the state by stipulating certain conditions for the acceptance of the funds.
125-G:11 Office to Cooperate With Congress and With Other States. The office[, in consultation with the council and the committee,] shall monitor activity by Congress and the federal government related to the long-term or temporary storage or permanent disposal of high-level radioactive waste. The office[, in consultation with the committee,] may advise the New Hampshire congressional delegation of action which is necessary to protect the interests of the state and may work with the congressional delegations and the state governments of other affected northeastern states.
368:4 High-Level Radioactive Waste; Further Requirements for Site Studies. Amend RSA 125-G:14, II to read as follows:
II. At the completion of each phase of site characterization, including area characterization, and prior to the initiation of any subsequent phase of investigation, the federal Department of Energy shall prepare and administer an oral briefing for the office[, the council, the committee], interested members of the legislature, and the governor’s office, collectively, in which a synopsis of the previously completed study phase is detailed. The briefing shall include, at a minimum, the significant findings of the study, including those findings which could possibly preclude the site from being developed into a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste. Any noted deficiencies in the data base, interpretation of the data base, or conclusions or recommendations regarding the data base, cited in writing by the technical community of the state or recorded in public hearings in the state, shall be addressed in the briefing. The methods by which those deficiencies were resolved or are to be addressed shall be identified by the Department of Energy during the briefing. The office [in consultation with the council and the committee] shall determine the adequacy of the resolution of the noted deficiencies and shall prepare a written report of their findings. The office shall transmit the findings with a recommendation concerning a future course of action to the governor, the senate president, and the speaker of the house of representatives. If the findings and the recommendations indicate adequate identification of deficiencies and their resolution, the governor may recommend adoption of a joint resolution authorizing initiation of additional phases of site characterization. If the findings and the recommendations indicate inadequate identification of deficiencies or their inadequate resolution, the governor may recommend that the conflict resolution procedure outlined in the agreement be initiated.
368:5 High-Level Radioactive Waste; Office as Agents for Agreements. Amend RSA 125-G:15, III to read as follows:
III. The office shall consult with the [council, the committee, and the] attorney general during the negotiation of any agreement or modification or technical revisions to an agreement executed under paragraph I or II. The [council, the committee, and the] attorney general shall prepare such written comments on any agreement or draft agreement being negotiated by the office as may be appropriate and necessary.
368:6 High-Level Radioactive Waste. Amend RSA 125-G:18 and 19 to read as follows:
125-G:18 Review of Site Selection; Recommendation.
I. If the federal Department of Energy selects a site in the state for construction of a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste, the office shall review the adequacy of the selected site and of the repository plan prepared by the federal Department of Energy pursuant to RSA 125-G:16, II(m). The review shall include a full scientific review of the adequacy of the selected site and the repository plan. [The office shall solicit written comments on the selected site and the repository plan from the council and the committee.] The office may utilize recognized experts in conducting its scientific review. The office shall conduct at least one public hearing in the affected county on the repository plan and shall make available to the public arguments and evidence for and against the repository plan. The office shall provide 30 days’ notice of the date and location of the public hearing. The office shall solicit comments from appropriate state agencies, local units of government, and interested citizen groups on the adequacy of the selected site and the repository plan. The office shall make these comments available to the public.
II. After completing the review, the office shall submit a recommendation, complete with supporting reasons for the recommendation, to the speaker of the house of representatives, the senate president, and the governor on the issue of the site and repository plan selected by the federal Department of Energy. The governor, after review of the recommendation and findings of the office, may confer with the office, [council, committee,] representatives of state agencies, institutions of higher learning, or representatives of the affected county or locality. The governor, thereafter, shall recommend appropriate legislation to the legislature relating to the establishment of a long-term or temporary storage or permanent disposal facility for high-level radioactive waste. There shall be no further activity by the Department of Energy related to the long-term or temporary storage or permanent disposal of high-level radioactive waste in the state while legislation proposed by the governor or the legislature relative to such topic is being considered by the legislature.
125-G:19 Office to Implement Agreements. The office[, in consultation with the committee and the council,] shall implement all agreements, modifications, and technical revisions approved pursuant to this chapter. In doing so, the office may solicit the views of appropriate state agencies, local units of government, and interested citizen groups.
368:7 Department of Health and Human Services; Duties of Oversight Committee. Amend RSA 126-A:15, I to read as follows:
I. The committee shall provide legislative oversight of and informational meetings on the programs, policies, and rules of the department of health and human services as brought to its attention by committee members, legislators, department personnel, or others. The committee’s work may include, but is not limited to, analyzing the efficacy of selected programs, studying the characteristics of target populations, researching trends affecting program costs and participation, and reviewing alternate approaches to programmatic and administrative concerns. The committee shall monitor the on-going medicaid modernization plan. The committee shall monitor the recommendations of the committee to study the HIV/AIDS service delivery (2005, 47) and determine whether such recommendations have been implemented. [The committee shall review the council on the relationship between public health and the environment, established in RSA 125-P:1, every 2 years as provided in RSA 125-P:4.] The committee shall provide informational meetings on such topics to the general court. The committee shall maintain communications with the department of health and human services, and any other departments, as necessary to accomplish its work.
368:8 State Board of Fire Control; Fire Equipment Service Certification. Amend RSA 153:5-a to read as follows:
153:5-a Fire Equipment Service Certification. The commissioner of safety[, in consultation with the advisory committee established in RSA 153:5-b,] shall adopt rules pursuant to RSA 541-A, for the voluntary certification of persons engaged in the inspection, installation, and servicing of portable fire extinguishers and fixed fire extinguishing systems, fire sprinkler systems, and fire alarm systems in this state. Such rules may include the issuance of various types and classes of certificates, and a fee not to exceed $200 for such issuance, for an individual or firm engaged in the installation or servicing of such extinguishing and fire alarm systems. Fees shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d. Applicants for certification shall provide proof of certification by a national organization recognized by the commissioner and provide proof of insurance.
368:9 Workers’ Personal Care Assistance Program; Insufficient Funds. Amend RSA 200-C:13, I to read as follows:
I. Promptly notify the governor, the general court, the Developmental Disabilities Advocacy Center, and the governor’s commission on disability [and the advisory committee established under RSA 200-C:14]; and
368:10 Department of Cultural Resources; Rulemaking Authority. Amend RSA 21-K:8, II to read as follows:
II. The New Hampshire automated information system, as authorized by RSA 201-A:25, II[, provided that the rules shall be subject to review and recommendation by the New Hampshire automated information system board established by RSA 201-A:24].
368:11 Savings Banks; Security for Certain Deposits of Public Funds. Amend RSA 386:57, II to read as follows:
II. The bank commissioner shall by rules adopted under RSA 541-A define and classify by risk the nature of securities appropriate for collateral. [There is created an advisory committee on collateralization of public funds to assist the bank commissioner in the development of such rules. The committee shall consist of the following: the state treasurer; 2 members of the New Hampshire Bankers Association, appointed by the president of the association; 2 members of the New Hampshire Government Finance Officers Association, appointed by the president of the association; and one public member recommended by both associations and appointed by the bank commissioner.]
368:12 Winnipesaukee River Watershed Advisory Committee. Amend the chapter heading of RSA 483-D and RSA 483-D:1 to read as follows:
CHAPTER 483-D
WINNIPESAUKEE RIVER WATERSHED [ADVISORY COMMITTEE]
483-D:1 Model Required. The department of environmental services shall develop and implement a model for managing the flow of water in the Winnipesaukee River watershed. [The department shall develop the model with input from the Winnipesaukee River watershed advisory committee.]
368:13 Ophthalmic Dispensing; Renewal of Registration. Amend RSA 327-A:14 to read as follows:
327-A:14 Renewal of Registration; Continuing Education. Certificates of registration issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed by the commissioner. Certificates of registration for ophthalmic dispensing shall be renewed upon the payment of the renewal fee and the completion of 8 credits of continuing education during the previous 2-year period. Any national, regional, or state optical company, trade, or professional group is authorized to sponsor continuing education programs approved by the American Board of Opticianry, the National Contact Lens Examiners, or the commissioner. The commissioner or the deputy commissioner of the department of health and human services shall authorize continuing education programs which contribute to the advancement, extension, or enhancement of the professional skills and the technical knowledge of opticians. [In authorizing such programs, the commissioner or deputy commissioner may seek the advice of the Ophthalmic Dispensing Advisory Council.]
368:14 Mental Health Practice; Organization and Meetings. Amend RSA 330-A:9, II to read as follows:
II. When a quorum is not available for just and timely resolution of a specific matter, former board members [or advisory committee members] may be appointed by the board to serve as acting board members for purposes of obtaining the minimum quorum in the resolution of that specific matter.
368:15 Mental Health Practice; Board. Amend RSA 330-A:10, XII-XIII to read as follows:
XII. Procedures, standards, and supervision requirements for candidates for licensure as a member of one of the licensed mental health disciplines[, consistent with the standards established by the advisory committee for each of the licensed mental health disciplines]. All candidates for licensure shall be documented with the board.
XIII. Establishment of the scope of practice for each mental health discipline licensed under this chapter [consistent with the standards established by the advisory committee for each of the licensed mental health disciplines].
368:16 Mental Health Practice; Investigations and Complaints. Amend RSA 330-A:28, I-a to read as follows:
I-a. Any board member who has had a personal relationship or has worked in a professional capacity with a complainant or with a licensee against whom a complaint has been filed or whose personal or professional views regarding the licensee or the complainant could prevent the board member from being impartial in considering the complaint shall recuse himself or herself from any investigation or disciplinary action against such licensee. If the chairperson of the board is recused the remaining board members shall elect an acting chairperson from among the board. The chairperson or acting chairperson shall appoint a former board member [or a member from the appropriate advisory committee] to replace the recused board member during the investigation and proceedings against the licensee. The replacement board member shall be from the same mental health discipline as the recused member.
368:17 Regulation of Water Treatment and Distribution. Amend RSA 332-E:3, II-III to read as follows:
II. The department[, on recommendation of the advisory committee,] shall establish the criteria and conditions for the classification of public water systems and water treatment plants or water distribution systems.
III. The department[, on recommendation of the advisory committee,] shall establish by regulation pursuant to RSA 541-A the qualifications, conditions, licensing standards, and procedures for the certification of individuals to act as operators.
368:18 Examinations. Amend RSA 332-E:5, VI to read as follows:
VI. The department [in conjunction with the advisory committee] may require the taking of educational courses and the demonstration of course proficiency by all operators prior to the renewal of their certificate.
368:19 High-Level Radioactive Waste; State to Intervene. Amend RSA 125-G:12 to read as follows:
125-G:12 State to Intervene. In appropriate cases, the office[, in consultation with the committee,] shall request the state attorney general to institute or intervene in judicial proceedings to protect the state’s interests, enforce the state’s policy, and present the state’s point of view on matters related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
368:20 High-Level Radioactive Waste; Office as Agent for Agreements. Amend RSA 125-G:15, IV to read as follows:
IV. The office[ in concert with the committee] shall hold at least one public hearing within the county or counties in which the site is located on any proposed agreement or modification or technical revision to an agreement negotiated under paragraph I or II. The office shall issue 30 days’ notice of the date and location of hearings conducted under this section. The office shall prepare a written summary of testimony presented at hearings conducted under this section and shall consider the need for modifications or technical revisions to the negotiated agreement as a result of the hearing.
368:21 High-Level Radioactive Waste; Finance. Amend RSA 125-G:20 to read as follows:
125-G:20 Finance. The office shall attempt to finance all of its expenses from moneys received from the federal Department of Energy and other federal agencies and from other grants for which the office may apply. [Expenses of the committee members to attend meetings shall be reimbursed by the office from these funds.]
368:22 Vital Records and Health Statistics; Memorandum of Understanding. Amend RSA 126:24-cc to read as follows:
126:24-cc Memorandum of Understanding. The commissioner and secretary of state shall enter into a memorandum of understanding to address the role of each agency in maintaining the state’s vital records system. The memorandum shall facilitate a working relationship between the 2 agencies in meeting their respective responsibilities under this chapter and RSA 5-C. The memorandum shall be reviewed annually and may be modified at the request of either agency [or at the request of the advisory committee on quality of vital records information under RSA 126:24-h].
368:23 Automotive Technology Curriculum; Funding. Amend RSA 188-E:18, VI to read as follows:
VI. Existing or new technical education centers that provide automotive technology education shall obtain program certification pursuant to paragraph II of this section prior to becoming eligible to receive state renovation and construction funds. [All documentation relating to program certification shall be submitted to the automotive technology advisory council established in RSA 188-E:19 for approval prior to release of any such funding.]
368:24 Wildlife Damage Control Program. Amend RSA 207:22-c, II to read as follows:
II. A cooperative fencing program:
(a) Commercial growers may participate in a cost-share-fencing program where the state pays for the full cost of fencing materials only. Under this program, the executive director may provide payment from funds designated for this program in the fish and game fund to an eligible commercial grower for the purchase of fencing materials[, provided the commercial grower’s participation and eligibility has been approved by the wildlife damage control advisory board].
(b) Commercial growers desiring to participate in the cost share program shall submit written applications to the executive director in such manner as prescribed by the executive director on or before April l of each year.
(c) Construction and maintenance costs of installed fences shall be the responsibility of the applicant.
(d) [The wildlife damage control advisory board shall determine on an annual basis no later than April 30 of each year the recipients of the fencing moneys for the ensuing year. The board shall make its determinations based on urgency of need for damage relief and any other factors necessary to ensure a fair and equitable allocation of funds. The decisions of the board shall be final.
(e)] The failure of a commercial grower to properly install and maintain fencing purchased under this paragraph shall make the commercial grower ineligible to participate in this program until [such time as] approved by [a majority of the wildlife damage control advisory board] the executive director.
[(f)] (e) The executive director shall adopt rules pursuant to RSA 541-A to implement and execute the cooperative fencing program, which may include but not be limited to eligibility criteria, fencing specifications, funding levels, and inspection procedures.
[(g)] (f) The provisions and penalties of RSA 641 concerning false statements shall apply to all reporting and documentation required pursuant to this paragraph.
[(h)] (g) For purposes of this paragraph, a “commercial grower” means any person who grows an agricultural or horticultural crop from which the person has derived, or reasonably expects to derive, an annual gross income from the sale of crops normally produced of at least $2,500.
368:25 Official Cover Plates; Design for Members of the General Court. Amend RSA 261:90 to read as follows:
261:90 Official Cover Plates. Upon payment of a fee, the director may issue and shall designate official cover plates with the reproduction of the state seal thereon to be affixed to a vehicle of United States senators from this state, representatives to congress from this state, the governor, members of the governor’s council, the president of the senate, members of the senate, the speaker of the house of representatives, members of the house of representatives, the attorney general, the secretary of state, and the state treasurer. The fee for official cover plates shall be $1 in addition to any other number plate manufacturing fee otherwise required. The official cover plates, exclusive of the seal, shall be white with green lettering, which shall alternate with red lettering every other biennium. Official cover plates shall have the title of the person requesting the plates, except for members of the governor’s council whose plates shall have their council district numbers embossed on them, and members of the general court, whose plates shall have their house seat numbers or their senate district numbers embossed on them unless the president of the senate, for members of the senate, or the speaker of the house of representatives, for members of the house of representatives, shall designate a title for their plates. The president of the senate, or a designee, and the speaker of the house of representatives, or a designee, shall provide the director with input as needed on the cover plate design for members of the general court. The director shall not issue more than 2 sets of official cover plates to any person. Official cover plates may be attached only to vehicles registered in the name of the person issued the plates or the name of the spouse of a member of the general court, or any vehicle being operated by a member of the general court. Nothing herein shall be construed as affecting the issuance of regular motor vehicle plates and the payment of the registration fee therefor. Official cover plates shall be manufactured at the state prison and the prison shall provide the plates to the department at the prison’s cost.
368:26 Motorcycle Rider Education Program. Amend RSA 263:34-b, I to read as follows:
I. The director shall establish standards for and shall administer the motorcycle rider education program. The standards [shall be based on the recommendations of the advisory committee established in RSA 263:34-f and] shall include, but not be limited to, standards for a nationally accepted and state-approved rider training course. The director may expand the program to include public awareness, alcohol and drug effects, driver improvement for motorcyclists, licensing improvement, program promotion, or other motorcycle safety programs.
368:27 Conditions and Requirements for a License; Driver Education. Amend RSA 263:19, I to read as follows:
I. A driver’s license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his or her sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle drivers’ school licensed under the provisions of this chapter. An approved driver education course, whether conducted by a secondary school or by a school licensed under this chapter, shall consist of both classroom instruction and behind the wheel driver training of not less than 10 hours, in accordance with rules adopted pursuant to RSA 541-A, published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required. The classroom instruction shall include 45 minutes of a nationally-recognized motorcycle safety education course approved by the director [and the motorcycle rider education program advisory committee] and 45 minutes of a nationally-recognized tractor-trailer safety education and awareness course approved by the director. The department of safety, by the nature of its function, shall be held ultimately responsible for setting and maintaining the quality standards for driver education in the state, aided and facilitated by the department of education. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers’ school courses.
368:28 Repeal. The following are repealed:
I. RSA 125-G:2, III, relative to the definition of nuclear waste technical review council.
II. RSA 125-G:3, VI(d), relative to application requirements under RSA 125-G:7.
III. RSA 149-M:29, II(h), relative to the market development steering committee.
IV. RSA 201-A:21, I, relative to the definition of New Hampshire automated information systems board.
V. RSA 327-A:5, VIII, relative to the duty of the commissioner of the department of health and human services to call meetings of the advisory council established in RSA 327-A:4.
VI. RSA 330-A:22, I, relative to the advisory committee for mental health disciplines.
VII. RSA 332-E:1, I, relative to the definition of advisory committee.
VIII. RSA 434:33, I, relative to the definition of advisory board.
IX. RSA 621-A:9, II(j), relative to a member of the commission on juvenile justice serving as a member of the juvenile justice advisory board.
X. RSA 6:12, I(b)(70), relative to moneys credited to the Civil War memorials fund.
XI. RSA 99-D:8, IV, relative to review of claims by the legislative oversight committee.
XII. RSA 99-D:9, III, relative to review of claims by the legislative oversight committee.
XIII. RSA 125-G:2, I, relative to the definition of nuclear waste policy advisory committee.
XIV. RSA 125-G:5, relative to the responsibilities and duties of the nuclear waste policy advisory committee.
XV. RSA 169-C:39-b, I, relative to the definition of the New Hampshire children’s trust fund board.
XVI. RSA 169-C:39-e, relative to the duties of the New Hampshire children’s trust fund board.
XVII. RSA 169-C:39-f, relative to criteria for selection of grantees for grants from the New Hampshire children’s trust fund.
368:29 Mental Health Practice; Organization and Meetings. Amend RSA 330-A:9, II to read as follows:
II. When a quorum is not available for just and timely resolution of a specific matter, former board members [or advisory committee members] may be appointed by the board to serve as acting board members for purposes of obtaining the minimum quorum in the resolution of that specific matter or when a particular profession cannot be represented in an adjudicatory hearing.
368:30 Contingencies.
I. If SB 427 of the 2010 regular legislative session becomes law, section 7 of this act shall not take effect. If SB 427 of the 2010 regular legislative session does not become law, section 7 of this act shall take effect December 31, 2010.
II. If SB 463-FN of the 2010 regular legislative session becomes law, section 29 of this act shall take effect December 31, 2010 and section 14 of this act shall not take effect. If SB 463-FN of the 2010 regular legislative session does not become law, section 14 of this act shall take effect December 31, 2010 and section 29 of this act shall not take effect.
368:31 Effective Date.
I. Sections 7, 14, and 29 of this act shall take effect as provided in section 30 of this act.
II. The remainder of this act shall take effect December 31, 2010.
Approved: July 23, 2010
Effective Date: I. Sections 7, 14 and 29 shall take effect as provided in section 30.
II. Remainder shall take effect December 31, 2010.