CHAPTER 231
HB 390 – FINAL VERSION
15Mar2011… 0639h
05/18/11 1886s
05/18/11 1970s
06/01/11 2216s
22June2011… 2515EBA
2011 SESSION
04/09
HOUSE BILL 390
AN ACT relative to the reinstatement and repeal of certain boards, commissions, councils, advisory committees, and task forces, and relative to the commission on the status of women.
SPONSORS: Rep. Harding, Graf 11; Rep. Foose, Merr 1; Rep. Kurk, Hills 7
COMMITTEE: Executive Departments and Administration
This bill reinstates and repeals certain boards, commissions, councils, advisory committees, and task forces and is a request of the committee to study the list of non-regulatory boards, commissions, councils, advisory committees, and task forces established in 2009, 144:87, II.
The bill also repeals the New Hampshire commission on the status of women contingent on its merger with a New Hampshire nonprofit corporation qualified by the Internal Revenue Service as a section 501(c)(3) entity.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2011… 0639h
05/18/11 1886s
05/18/11 1970s
06/01/11 2216s
22June2011… 2515EBA
11-0509
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the reinstatement and repeal of certain boards, commissions, councils, advisory committees, and task forces, and relative to the commission on the status of women.
Be it Enacted by the Senate and House of Representatives in General Court convened:
231:1 Reinstated Boards, Commissions, Councils, Advisory Committees, and Task Forces. Pursuant to 2009, 144:87, I(a), the following boards, commissions, councils, advisory committees, and task forces are hereby reinstated:
(1) RSA 5:42 State Historical Records Advisory Board
(2) RSA 12-A:2-f New Hampshire Economic Development Fund
Review Committee
(3) RSA 12-A:9-c Nash Stream Forest Citizens Committee
(4) RSA 12-A:29-b Cannon Mountain Advisory Commission
(5) RSA 12-A:54 Job Training Program for Economic Growth
Grant Review Committee
(6) RSA 17-I:1 Joint Legislative Historical Committee
(7) RSA 21-P:51 Joint Legislative Oversight Committee on the
Emergency Management System
(8) RSA 21-R:6 Information Technology Council
(9) RSA 21-R:9 Joint Legislative Information Technology
Oversight Committee
(10) RSA 106-G:1 Advisory Committee on Breath Analyzer
Machines
(11) RSA 132:10-a Newborn Screening Advisory Committee
(12) RSA 151-C:3 Health Services Planning and Review Board
(13) RSA 153:2 State Advisory Board of Fire Control
(14) RSA 153:16-c Advisory Committee on Heating System
Certification
(15) RSA 153-A:8 Trauma Medical Review Committee
(16) RSA 171-A:19-a Committee for the Protection of Human
Subjects
(17) RSA 227-B Mount Washington Commission
(18) RSA 227-D:4 Monadnock Advisory Commission
(19) RSA 275-C:11 Committee on Architectural Barrier-Free
Design
(20) RSA 278:2 State Apprenticeship Advisory Council
(21) RSA 330-A:4 Mental Health Board Advisory Committees
231:2 Repealed Boards, Commissions, Councils, Advisory Committees, and Task Forces. Notwithstanding 2009, 144:87, I(a), the following boards, commissions, councils, advisory committees, and task forces are hereby repealed effective December 31, 2011:
(1) RSA 126:24-h Advisory Committee on Quality of Vital Records
Information
(2) RSA 126-I:3 Osteoporosis Advisory Council
(3) RSA 169-C:39-d New Hampshire Children’s Trust Fund Board
(4) RSA 170-G:6 Advisory Board to the Department of Health
and Human Services
(5) RSA 186-C:21 Executive Planning Commission on Special
Education
(6) RSA 227-C:18-22 State Heritage Collections Committee
(7) RSA 9-C:4 Interagency Recycling and Product Purchase
Committee
(8) RSA 19-L Citizens Trade Policy Commission
231:3 Services for Children, Youth, and Families; Appeals. Amend RSA 170-G:4-a, IV to read as follows:
IV. The appeal shall be heard under RSA 541-A:31-36 by the commissioner or his or her designee [and 2 members from the advisory board established by RSA 170-G:6. The chairman of the advisory board shall appoint its 2 members]. No person hearing the appeal shall have had any involvement in establishing the rate or deciding on the certification that is the subject of the appeal, or be affiliated in any way with the appellant.
231:4 Special Education; Duties. Amend RSA 186-C:3-a, II(e)(1) to read as follows:
(1) If children with disabilities are being placed in out-of-district programs solely due to a lack of qualified personnel, the department shall develop and implement strategies[, in addition to the requirements of RSA 186-C:21,] to help address the shortage and increase the capacity of local education agencies to serve children in the schools they would attend if not disabled.
231:5 Repeal of the New Hampshire Children’s Trust Fund Board. Notwithstanding the provisions of 2010, 195:3 and 2010, 195:4, the New Hampshire children’s trust fund board established in RSA 169-C:39-d is hereby repealed in accordance with section 2 of this act.
231:6 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.
231:7 Mental Health Practice; Board Responsibilities. 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.
231:8 Mental Health Practice; Investigation 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.
231:9 Comprehensive Cancer Plan Fund. Amend the introductory paragraph in RSA 126-A:64, I to read as follows:
There is hereby established in the office of the state treasurer the comprehensive cancer plan fund, to be administered by the department of health and human services. The department is authorized to accept public sector and private sector grants, gifts, donations, and appropriations for deposit into the fund. The fund shall be nonlapsing and continually appropriated to the department, and shall be used to implement the provisions of the New Hampshire comprehensive cancer plan as developed by the New Hampshire Comprehensive Cancer Collaboration. The fund shall be expended annually for the following purposes, with allocations determined by the [comprehensive cancer plan oversight board] commissioner of the department of health and human services, in consultation with the New Hampshire Comprehensive Cancer Collaboration:
231:10 Statement of Intent. The general court intends that the New Hampshire commission on the status of women, established in RSA 19-B:1-9 and administratively attached to the office of the secretary of state, shall be merged with a New Hampshire nonprofit corporation qualified by the Internal Revenue Code as a section 501(c)(3) entity, and that the name, operations, functions, and responsibilities of the commission on the status of women shall be transferred to a New Hampshire nonprofit corporation.
231:11 Historical Records. The state librarian shall take possession of the historical records of the New Hampshire commission on the status of women and shall archive such records as a single collection for public use as documentation of the history of advancement of women and girls in New Hampshire.
231:12 Repeal. The following are repealed:
I. RSA 19-B:1-9, relative to the commission on the status of women.
II. RSA 21-H:14-c, II(a)(15), relative to a member from the commission on the status of women serving on the interagency coordinating council for women offenders. 231:
III. RSA 276-B:2, I(e), relative to a member from the commission on the status of women serving on the task force on work and family.
IV. RSA 169-C:39-b, I, relative to the definition of New Hampshire children’s trust fund board.
V. RSA 9-C:2, I, relative to the definition of the interagency recycling and product purchase committee.
VI. RSA 9-C:3, II, relative to cooperation with the interagency recycling and product purchase committee.
VII. 2007, 365:2 and 2007, 365:3, I, relative to the prospective repeal date of January 1, 2015 for the citizens trade policy commission.
231:13 Contingency. Section 11 and paragraphs I-III of section 12 of this act shall take effect on the date that the New Hampshire commission on the status of women certifies to the secretary of state and to the director of the office of legislative services that it has merged with a New Hampshire voluntary corporation qualified by the Internal Revenue Service as a section 501(c)(3) entity.
231:14 Comprehensive Cancer Plan Board and Fund. Amend 2007, 263:98 to read as follows:
263:98 Repeal. [The following are repealed:
I. RSA 126-A:64, relative to the comprehensive cancer plan fund.
II.] RSA 126-A:65, relative to the comprehensive cancer plan oversight board, is repealed.
[III. RSA 6:12, I(b)(253), relative to the comprehensive cancer plan fund.]
231:15 Mount Washington Commission; Members. Amend RSA 227-B:3, II to read as follows:
II. One member from each of the following groups, or a successor, shall be appointed through the concurrence of their boards of directors: the Mount Washington Auto Road; the Mount Washington Observatory; [Mount Washington TV, Inc.] Citadel Broadcasting Company; and the Mount Washington Cog Railway.
231:16 State Government Waste Reduction; Procurement. Amend RSA 9-C:8 to read as follows:
9-C:8 Procurement. The division shall fulfill its responsibility as the state’s procurement agency in a manner consistent with and in advancement of the policy principles of RSA 9-C:3. This shall be reflected, in part, in the division’s procurement specifications and the information required from vendors and bidders. The division shall keep all state agencies that make purchases through it informed of the requirements of this chapter and shall work with such agencies [and the committee] in furtherance of such requirements. The division shall put in place the necessary contracts to facilitate the purchase of those materials, supplies, and products identified by the [committee under RSA 9-C:4, II(b),] division when they are of a type normally procured through the division, as well as other materials, supplies, and products containing recycled materials for which there is a demand. The division[, in consultation with the committee,] shall also arrange for the pickup of recycled materials, where feasible, at those state agencies that purchase through the division.
231:17 State Government Waste Reduction; Reporting. Amend RSA 9-C:10 to read as follows:
9-C:10 Reporting.
I.(a) [The committee] Each agency shall prepare a form, with assistance from the director of the division, that shall be used to report on agency success in complying with this chapter. The head or governing board of each department or other primary state agency shall complete the form to the extent that the information requested is applicable to the agency, and return it to the [committee] division by September 1 of each year beginning in 2009. Information concerning administratively attached agencies, as identified by the [committee] division, shall be included within the report of the primary state agency. The form shall require the reporting of information in sufficient detail to allow the [committee] division to prepare its annual report under paragraph II. When possible, the [committee] division shall rely upon information already recorded by the division through the procurement process.
(b) The primary state agency shall certify on such form that the agency is in compliance with each policy provision of RSA 9-C:3, I and if not, the reasons for non-compliance and the agency’s plan for compliance.
II. The [committee] division shall submit a report on compliance with this chapter by November 1 of each year beginning in 2009 to the governor, the legislative committees of jurisdiction, the department of environmental services, and the state library that shall include, but not be limited to, both detailed and summarized information, as best can be determined, on:
(a) The waste materials that were either recycled or otherwise disposed of by state agencies during the prior fiscal year by type, quantity, disposal cost or sales revenue, and agency.
(b) Purchases made by state agencies during the prior fiscal year of those types of materials, supplies, and products identified by the [committee under RSA 9-C:4, II(b)] division as being available with recycled material content, by type, recycled material content, if any, quantity, cost, and agency. [Where possible, the committee shall rely upon information recorded by the division through the procurement process.]
(c) The response given by each state agency to the certification requirement under subparagraph I(b) relative to its compliance with each policy principle of RSA 9-C:3, I.
(d) Any recommended changes to state laws, policies, or practices that would advance the policy principles of RSA 9-C:3, I, including any offered by state agencies under paragraph I.
(e) The actions taken by the division to fulfill its responsibilities under RSA 9-C:8 as the state’s procurement agency.
[(f) The activities of the committee during the past year, including a copy of the document prepared by the committee under RSA 9-C:4, III.]
III. The legislative branch shall devise its own method of reporting compliance with this chapter and shall not be considered a state agency for purposes of reporting under this section. 231:18 Effective Date.
I. Section 11 and paragraphs I-III of section 12 of this act shall take effect as provided in section 13 of this act.
II. The remainder of this act shall take effect June 29, 2011.
Approved: July 5, 2011
Effective Date: I. Section 11 and paragraphs I-III of section 12 shall take effect as provided in section 13.
II. Remainder shall take effect June 29, 2011