CHAPTER 131
SB 81-FN – FINAL VERSION
02/23/11 0401s
02/23/11 0475s
05/18/11 1789eba
2011 SESSION
10/09
SENATE BILL 81-FN
AN ACT relative to powers and duties of commissioners of executive branch agencies, and relative to the extension of the expired term of a commissioner or agency head.
COMMITTEE: Executive Departments and Administration
This bill provides that commissioners of agencies have the authority to transfer or reassign personnel within the agency and to delegate, transfer, or assign the authority to administer programs or services within components of the agency. The bill also limits the extension of the service of a commissioner or agency head as a holdover from an expired term.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/11 0401s
02/23/11 0475s
05/18/11 1789eba
11-0953
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to powers and duties of commissioners of executive branch agencies, and relative to the extension of the expired term of a commissioner or agency head.
Be it Enacted by the Senate and House of Representatives in General Court convened:
131:1 Executive Branch Organization; Powers and Duties of Commissioners; Authority for Transfer and Delegation. Amend RSA 21-G:9, V to read as follows:
V. It shall be the duty of all commissioners of executive branch agencies to continually reassess the organization of their agencies, especially with regard to new programs and functions assigned to them[, and to]. Commissioners are hereby authorized, notwithstanding any provision of law to the contrary, to:
(a) Transfer or reassign personnel within and between any division, office, unit, or other component of the department.
(b) Delegate, transfer, or assign the authority to administer and operate any program or service of the department to any employee, division, office, bureau, or other component of the department. Such delegation, transfer, or assignment shall include the authority to conduct or perform any act necessary to administer the program or service so assigned.
(c) Propose legislation to the general court to accomplish internal reorganizations deemed desirable.
131:2 Terms of Appointment; Commissioners; Limitation Added. Amend RSA 21:33-a, III(a) to read as follows:
III.(a) That any commissioner or agency head of a department, as defined in RSA 21-G:5, VI, who is an unclassified employee of the state, and appointed to such position, shall serve for the appropriate term or unexpired portion thereof. The commissioner or agency head may serve beyond the appointed term or unexpired portion thereof with the written authorization of the governor, provided that such service shall not extend beyond 6 months. This subparagraph shall also apply to the adjutant general and the attorney general, and to appointees to the liquor commission, the lottery commission, the racing and charitable gaming commission, and the public utilities commission.
131:3 Department of Administrative Services; Commissioner Authority; Personnel. Amend RSA 21-I:13, VIII to read as follows:
VIII. Have the authority to [temporarily] assign and reassign the personnel of the department among the divisions, bureaus, sections, units, or other organizational [units] subdivisions or components of the department.
131:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: Enacted in accordance with Article 44, Part II of N.H. Constitution, without signature of the Governor, June 7, 2011
Effective Date: August 6, 2011