Bill Text - HB561 (2013)

Abolishing the department of cultural resources.


Revision: Jan. 28, 2013, midnight

HB 561-FN – AS INTRODUCED

2013 SESSION

13-0821

09/04

HOUSE BILL 561-FN

AN ACT abolishing the department of cultural resources.

SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Warden, Hills 39

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill abolishes the department of cultural resources, transferring the division of libraries and the division of historical resources to the department of state, and transferring the New Hampshire film and television commission to the department of resources and economic development.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0821

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT abolishing the department of cultural resources.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Department of Cultural Resources Abolished. Transfer of State Library and Division of Historical Resources Functions, Positions, Equipment, Records, and Accounts; Rules Continued.

I. The department of cultural resources shall be abolished effective July 1, 2013. Notwithstanding any provision of law to the contrary, all of the functions, positions, powers, duties, responsibilities, and funding of the state library and division of historical resources shall be transferred to the secretary of state on July 1, 2013. The transfer provided in this section shall include all of the equipment, books, papers, and records of the department of cultural resources as it relates to the state library and the division of historical resources.

II. All existing rules, statutory responsibilities, regulations, and procedures relating to the state library and division of historical resources in effect, in operation, or adopted in or by the department of cultural resources are transferred to the secretary of state, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.

2 Transfer of New Hampshire Film and Television Commission Functions, Positions, Equipment, Records, and Accounts; Rules Continued.

I. Notwithstanding any provision of law to the contrary, all of the functions, positions, powers, duties, responsibilities, and funding of the New Hampshire film and television commission shall be transferred to the department of resources and economic development on July 1, 2013. The transfer provided in this section shall include all of the equipment, books, papers, and records of the department of cultural resources as it relates to the film and television commission.

II. All existing rules, statutory responsibilities, regulations, and procedures relating to the film and television commission in effect, in operation, or adopted in or by the department of cultural resources are transferred to the department of resources and economic development, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.

3 New Subdivision; Department of State; Division of Libraries and Division of Historical Resources. Amend RSA 5 by inserting after section 51 the following new subdivision:

Division of Libraries and Division of Historical Resources

5:52 Division of Libraries and Division of Historical Resources Established; Directors.

I. There are established within the department of state the division of libraries and the division of historical resources.

II. The secretary of state shall nominate each division director for appointment by the governor, with the consent of the council. Division directors shall serve for a term of 4 years. The director of the division of historical resources shall be qualified by reason of professional competence, education, and experience. The director of the division of libraries, who shall also be known as the state librarian, shall hold a master of library science degree from an accredited library school and shall have had at least 4 years’ experience in a library in an administrative capacity. An accredited library school means an institution of higher education which is accredited by the American Library Association to grant a degree of master of library science.

III. The salaries of the division directors shall be as specified in RSA 94:1-a.

5:53 Division of Libraries. There is hereby established within the department of state the division of libraries, which shall also be known as the state library, under the supervision of an unclassified director of libraries, who shall also be known as the state librarian and who shall be responsible for the following functions in accordance with applicable law:

I. Operating a state library in order to provide general and specific reference services, including, but not limited to, services designed to assist the general court and the judicial branch.

II. Operating the New Hampshire automated information system as provided for by RSA 201-A:22, I.

III. Promoting and coordinating a statewide library system.

IV. Providing for library services for persons with disabilities.

V. Administering all federal funds collected under RSA 201-A:13.

VI. Otherwise administering the provisions of title XVI.

5:54 Division of Historical Resources. There is hereby established within the department of state, the division of historical resources, which shall also be known as the state historic preservation office, under the supervision of an unclassified director of historical resources, who shall be responsible for administering the state historic preservation program in accordance with RSA 227-C.

5:55 Duties of Secretary of State. The secretary of state shall:

I. Have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure the continuance or granting of federal funds or other assistance intended to promote library service or historic preservation efforts not otherwise provided for by law.

II. Have authority, with regard to the administration of RSA 19-A, and with the approval of a majority of the members of the New Hampshire state council on the arts as established by RSA 19-A:2, to:

(a) Accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the educational objectives of the programs established pursuant to RSA 19-A.

(b) Make and sign any agreements and do and perform any acts that may be necessary, desirable, or proper to carry out the purposes of RSA 19-A.

(c) Request and receive from any department, division, board, bureau, commission, or other agency of the state such assistance and data as will enable the commissioner to carry out properly the powers and duties under this subdivision.

(d) Receive funds provided by the National Endowment for the Arts under the National Foundation on the Arts and the Humanities Act of 1965, and under such additional federal legislation and state appropriations as may be enacted.

(e) Allocate and disburse said funds by entering into contracts and agreements with any department, agency, or subdivision of federal, state, county, or municipal government or any individual, foundation, corporation, association, or public authority in order to carry out the purposes of RSA 19-A, subject to approval by the governor and council.

5:56 Donations. The secretary of state may receive and accept at any time such sums of money as may be donated for any purpose related to cultural resources. Money so received shall be converted into a continuous fund or funds, which shall not lapse, to be held by the state treasurer from which payments shall be made in accordance with the stipulations of the donor.

5:57 Rulemaking Authority. The secretary of state shall adopt rules, pursuant to RSA 541-A, relative to:

I. The use and control of the state library and its holdings, as authorized by RSA 201-A:9, I.

II. The New Hampshire automated information system, as authorized by RSA 201-A:25, II.

III. The statewide library development system, as authorized by RSA 201-D:10.

IV. Historic preservation activities, as authorized by RSA 227-C:5, provided that the rules shall be subject to ratification by the state historical resources council established by RSA 227-C:13.

V. Requirements for selecting art to be funded by the state art fund, as authorized by RSA 19-A:10, I, subject to ratification by the New Hampshire state council on the arts, established by RSA 19-A.

VI. Standards for city and town libraries.

VII. New Hampshire state government information access libraries and retention schedules for state publications as provided in RSA 202-B.

VIII. The administration of the museum property act, as authorized by RSA 201-E:7.

4 New Section; Department of Resources and Economic Development; New Hampshire Film and Television Commission. Amend RSA 12-A by inserting after section 41-a the following new section:

12-A:41-b New Hampshire Film and Television Commission Established; Members; Duties.

I. There is established a New Hampshire film and television commission within the department of resources and economic development. The purposes of the commission shall be:

(a) To promote the economic development of the film and television industry in New Hampshire.

(b) To promote the utilization of location sites by the film and television industry in the state of New Hampshire.

(c) To increase the use of New Hampshire hotels, restaurants, and local businesses by visiting film and television production companies.

II. The commission shall:

(a) Identify opportunities for activities related to the film and television industries.

(b) Recommend both long-range and short-term programs that will result in economic gain for the state.

(c) Educate state, local, and private officials and organizations regarding the benefits and rewards that can result from increased development of this industry.

(d) Secure sites, as appropriate, within the state suitable for filming by the motion picture industry, the television industry, independent film producers, and other filmmakers.

III. Members of the commission shall be as follows:

(a) Five members appointed by the commissioner of the department of resources and economic development, including:

(1) Three members representing the film and television industry.

(2) Two members of the general public with an interest in the film industry.

(b) The commissioner of the department of resources and economic development, or designee.

(c) The secretary of state, or designee.

(d) The commissioner of safety, or designee.

(e) The executive director of the fish and game department, or designee.

(f) A representative of the New Hampshire Association of Chamber of Commerce Executives, appointed by that organization.

(g) A representative of the New Hampshire Municipal Association, appointed by that organization.

(h) A representative of the New Hampshire Police Chiefs’ Association, appointed by that organization.

(i) A member of the senate, appointed by the senate president.

(j) A member of the house of representatives, appointed by the speaker of the house of representatives.

IV. Members appointed under subparagraph III(a) shall serve as voting members of the commission; all other members shall serve as ex-officio members of the commission. The term of office for members shall be 3 years and until a successor is appointed, except that members of the executive branch and legislature shall serve a term coterminous with their appointment or term in office. The initial members of the commission shall serve staggered terms. Vacancies shall be filled in the same manner and for the unexpired terms. The members of the commission shall serve without compensation, but shall be reimbursed for necessary travel and other necessary expenses. Legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.

V. The members shall annually elect a person from among its membership to act as chairperson.

VI. The department of resources and economic development shall cooperate with the commission and shall provide necessary information and staff support.

5 Reference Change; State Promotional Initiatives. Amend RSA 21-Q:1 to read as follows:

21-Q:1 State Promotional Initiatives. In consultation with the New Hampshire film and television commission, established in RSA [21-K:23] 12-A:41-b, a state agency that contracts with the private sector for the use of film or video in an advertising, promotional, or educational program shall use New Hampshire talent whenever possible. In this section, “New Hampshire talent” means the people used both in front of and behind the camera associated with the film and television industry.

6 Reference Change; Special Fund. Amend RSA 6:12, I(b)(222) to read as follows:

(222) Moneys deposited in the [department of] cultural resources donations fund under RSA [21-K:4-a] 5:56.

7 Reference Change; Council on Resources and Development. Amend 162-C:1, X to read as follows:

X. The [commissioner] secretary of state or appropriate division director, [department of cultural resources,] or designee.

8 Reference Change; State Library. Amend RSA 201-A:1 to read as follows:

201-A:1 State Library. There shall be a state library as provided for in RSA [21-K:5] 5:53. The state library shall be the official clearinghouse of state government information.

9 Name Change. Amend the following RSA provisions by replacing “commissioner,” “commissioner of cultural resources” and “commissioner of the department of cultural resources” with “secretary of state”: 4:9-c, I(i); 12-L:4, IV; 19-A:5, IV; 19-A:10 (introductory paragraph); 19-A:11; 79-D:14, II; 162-H:3, II; 201-A:23, II; 201-B:3; 201-D:1, IX; 201-D:2; 201-D:3; 201-D:6; 201-D:9, IV; 201-D:10 (introductory paragraph); 201-E:7 (introductory paragraph); 202-A:12; 202-A:18; 202-A:19; 227-C:3; 227-C:5 (introductory paragraph); 227-C:7; 227-C:8; 227-C:8-d, IV; 227-C:8-g; 227-C:9; 227-C:10; 227-C:11; 227-C:29, I(a); 227-M:4, II(e); 238:23, I; and 261:97-d, I(a).

10 Name Change. Amend the following RSA provisions by replacing “department of cultural resources” with “department of state:” 4:8-a, I; 12-A:10-e, VIII; 19-A:10, IV; 201-A:22, I; 216-A:3-c, V; 227-C:28, II; 227-C:31; 261:97-b, I; 261:97-c, I; 261:97-f, I; and 634:1, V(d).

11 Reference Change; State Historic Preservation Office. Amend 227-C:2 to read as follows:

227-C:2 State Historic Preservation Office. The division of historical resources, department of [cultural resources] state established by RSA [21-K:7] 5:54 shall also be known as the state historic preservation office. The director, division of historical resources shall also be known as the state historic preservation officer.

12 Reference Change; Preservation of State Historic Resources. Amend RSA 227-C:4, XI to read as follows:

XI. Providing technical review and comment relative to the [commissioner’s] secretary of state’s powers and duties in the preservation of state historic resources under RSA 227-C:6-8.

13 Repeal. The following are repealed:

I. RSA 19-A:8, II, relative to the definition of commissioner.

II. RSA 21-K, relative to the department of cultural resources.

III. RSA 201-A:13, relative to acceptance of federal funds.

IV. RSA 201-D:1, IV, relative to the definition of commissioner.

V. RSA 227-C:1, I, relative to the definition of commissioner.

VI. RSA 227-C:1, III, relative to the definition of department.

14 Effective Date. This act shall take effect July 1, 2013.

LBAO

13-0821

01/17/13

HB 561-FN - FISCAL NOTE

AN ACT abolishing the department of cultural resources.

FISCAL IMPACT:

      The Department of Cultural Resources and the Department of State report this bill, as introduced, will have an indeterminable impact on state revenue and expenditures in FY 2014 and each year thereafter. There will be no impact on county and local revenue or expenditures.

METHODOLOGY:

    The Department of Cultural Resources (DCR) states this bill would abolish DCR as of July 1, 2013, transfer the State Library and Division of Historical Resources to the Department of State (DOS), and transfer the New Hampshire Film and Television Commission to the Department of Resources and Economic Development (DRED). The Department assumes the adjusted authorized budget for FY 2013 will remain constant in FY 2014 and FY 2015 at $877,017. As part of FY 2014, the DCR estimates the following additional expenditures associated with abolishing the department;

 

FY 2014

Expenditures:

 

Commissioner’s salary and benefits (Term expires 9/11/13)

$59,369

Salaries and benefits earned through 6/30/13

$30,309

Classified employee lay-off costs

$169,905

OIT costs – June

$9,000

Telecom and Postage

$1,200

Total Expenditures

$269,783

    As a result DCR estimates state expenditures will decrease by $608,234 in FY 2014 and $877,017 in FY 2015 and thereafter.

    This bill would leave no spending authority for the DCR’s Office of the Commissioner or the Division of the Arts. The Department anticipated $998,703 of federal funds from the National Endowment on the Arts (NEA) in FY 2013 and assumes the same amount will be available in FY 2014 and FY 2015. Though the bill provides the Secretary of State the authority to receive these funds, the Department does not anticipate the State will be able to meet the criteria to receive the funds from the NEA. In addition, DCR states costs related to the State Library, Division of Historical Resource, and the New Hampshire Film and Television Commission, such as transfers to the Department of Information Technology and workers’ compensation, are included in the appropriation of the Office of Commissioner, and this bill may result in increased costs to DOS and DRED as they accept said DCR components.

    The Department of State (DOS) states this bill would abolish the Department of Cultural Resources (DCR) and transfer the State Library and the Division of Historical Resources to DOS, as well as responsibilities required under RSA 19-A relative to the arts. DOS is unable to determine the fiscal impact, if any, of this bill at this time. DOS states it must first understand the roles of the positions to be eliminated, then determine if it has existing personnel qualified to fill those positions, and if not, determine the appropriate number of positions necessary to meet statutory obligations.

    The Department of Resources and Economic Development assumes the budget for the New Hampshire Film and Television Commission, as transferred, will be adequate and no additional funding will be required.