Revision: March 11, 2020, 1:24 p.m.
HB 1245 - AS AMENDED BY THE HOUSE
11Mar2020... 0919h
2020 SESSION
20-2515
10/06
HOUSE BILL 1245
SPONSORS: Rep. Ebel, Merr. 5; Rep. Porter, Hills. 1; Rep. Weber, Ches. 1; Rep. Heath, Hills. 14; Rep. Butler, Carr. 7; Rep. Abrami, Rock. 19; Sen. Rosenwald, Dist 13
COMMITTEE: Legislative Administration
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AMENDED ANALYSIS
This bill establishes a legislative committee to review all non-regulatory boards, commissions, councils, advisory committees, and task forces established by statute. The bill repeals various statutory boards, commissions, councils, committees, task forces and makes necessary corrections to statutory provisions. The bill also reduces the number of house and/or senate members on certain statutory committees..
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2020... 0919h 20-2515
10/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. Review of Non-regulatory Entities.
I. There is established a committee to review all non-regulatory boards, commissions, councils, advisory committees, and task forces established by statute and determine which of these entities should be repealed.
II. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall review all non-regulatory boards, commissions, councils, advisory committees, and task forces established by statute and shall make recommendations relative to which such entities shall be repealed, along with any other statutory changes necessary for such repeals.
V. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. Three members of the committee shall constitute a quorum.
VI. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2020.
2 Repeal of Boards, Commissions, Councils, Committees, Task Forces. The following are repealed:
I. RSA 9-F:2, relative to the state transparency website oversight committee.
II. RSA 12-A:5 and 12-A:6, relative to the commission advisory to the commissioner of natural and cultural resources.
III. RSA 12-I:1 and 12-I:2, relative to the Northern New England interstate commission on economic development.
IV. RSA 21-I:92 - 21-I:94, relative to the task force to study state revenues and expenditures.
V. RSA 77-A:4-c, relative to the committee to study safe harbors and taxation of investment organizations.
VI. RSA 106-B:18-a, relative to the state police barracks honor roll committee.
VII. RSA 126-A:4-f, relative to the transitional Healthy Kids Silver program waiver.
VIII. RSA 126-H, relative to the Healthy Kids corporation.
IX. RSA 126-Y, relative to the palliative care center for health care consumers and providers.
X. RSA 137-L:5, relative to the provider order for life-sustaining treatment (POLST) registry advisory committee.
XI. RSA 147-A:4-a, relative to the hazardous waste facility siting board.
XII. RSA 153:16-c, relative to the advisory committee on heating system certification.
XIII. RSA 187-A:32, relative to the oversight committee to oversee the operations of the innovation research center.
XIV. RSA 189:60 and 189:63, relative to the dropout prevention and dropout recovery oversight council and report.
XV. RSA 193-C:7 and 193-C:8, relative to the New Hampshire statewide education improvement and assessment oversight committee.
XVI. RSA 193-E:2-a, IV(c), relative to the review of academic standards by the education improvement and assessment oversight committee.
XVII. RSA 193-E:5, II, relative to education improvement and assessment oversight committee revisions to unique pupil identification.
XVIII. RSA 193-I:3-193-I:6, relative to the task force on the math learning communities program.
XIX. RSA 195-J, relative to the New Hampshire children’s savings account program.
XX. RSA 261:88, XI, relative to the walking disability plates and placards advisory committee.
XXI. RSA 284-A, relative to the gaming regulatory oversight authority.
XXII. RSA 332-I:7-332-I:10, relative to the health information organization board.
XXIII. RSA 332-I:1, II(c), relative to the definition of the health information organization.
XXIV. RSA 332-I:1, II(g) and (h), relative to the definition of the health information organization board and corporation.
3 References Removed; Online Access to Budget Information. Amend RSA 9-F:1, II(e) and III to read as follows:
(e) Any other information as determined by the department of information technology and the department of administrative services[, in consultation with the legislative oversight committee established in RSA 9-F:2].
III. Annually on or before October 31, a report from each agency shall be made available which shows the total amount expended during the prior fiscal year for each program providing aid or assistance to individuals. This annual report shall also document any changes in eligibility criteria or payment amount or formulas. Each agency shall prepare its annual report by analyzing and summarizing the content of its statement of appropriation. Each agency shall submit its annual report to the commissioner of administrative services on or before September 1. For the fiscal year ending June 30, 2011, each agency shall submit existing reports to fulfill the requirements of this paragraph. Beginning in the fiscal year ending June 30, 2012 and in each year thereafter, each agency's report shall be in a format developed by the commissioner of administrative services [in consultation with the legislative oversight committee established by RSA 9-F:2].
4 State Parks; Advisory Commission Report. Amend RSA 216-A:3-c, VI to read as follows:
VI. The director of parks and recreation shall report biennially to the house [resources, recreation and development committee and the senate energy, environment, and economic development committee within the biennial report pursuant to RSA 12-A:6] and senate committees with jurisdiction over the state park system on the state of the parks and historic sites.
5 Reference to Hazardous Waste Siting Board. Amend RSA 147-A:3, XXV to read as follows:
XXV. Conditional exemptions from the permitting, registration, and siting requirements of RSA 147-A:4[, 147-A:4-a,] and RSA 147-A:6.
6 Health Insurance; Reference to Healthy Kids Association Removed. Amend RSA 404-G:2, VII to read as follows:
VII. "Health insurance" means health insurance coverage issued in accordance with RSA 415, 420-A, or 420-B. For the purposes of this chapter, health insurance shall not include accident only, credit, dental, vision, Medicare supplement, Medicare Risk, Medicare+Choice, Managed Medicaid, long-term care, disability income, coverage issued as a supplement to a liability insurance, workers' compensation or similar insurance, automobile medical payment insurance, policies or certificates of specified disease, hospital confinement indemnity, limited benefit health insurance, [coverage provided through the New Hampshire healthy kids association,] and coverage provided through the Federal Employees' Program. Health insurance does include group excess loss insurance.
7 Health and Human Services; Healthy Kids Corporation Removed. Amend RSA 126-A:5, XIV-a (b) to read as follows:
(b) The department shall[, through the New Hampshire healthy kids corporation,] allocate funds for the development of a volunteer program to promote the program to eligible families and to identify those families who may require assistance with the application or redetermination process, and provide training and supervision of volunteers. [The healthy kids corporation shall coordinate with and utilize the services of Volunteer NH, AmeriCorps, and other volunteer organizations.]
8 Reference to Oversight Committee on Innovation Research Center. Amend RSA 187:31 to read as follows:
187-A:31 Grant Program. To carry out the purposes of this subdivision the department of business and economic affairs shall enter into a grant program with the university of New Hampshire to establish a center for innovation research at the Durham campus. Through the grant program, the center shall provide applied and basic scientific, engineering, and associated marketing research capability and technology transfer in support of New Hampshire's industrial and business community. The center may pool its funds with those of other entities, either public or private, for the purpose of delivering services to New Hampshire businesses and industries. To be eligible to receive grant-funded services, businesses and industries must have an ongoing business within the state or an announced intention to locate a business in the state. The center may provide services other than grants including but not limited to: training regarding the capture and protection of intellectual property, strategic thinking and strategy development, and writing proposals. Assistance may be provided by the NHIRC director, by small subsidies to assist in the identification and funding of consultants to help the company, or by other creative means [approved by the NHIRC oversight committee].
9 Reference to Oversight Committee on Innovation Research Center. Amend RSA 187:33 to read as follows:
187-A:33 Funding. Any center project utilizing state appropriations except for certain short-term, fee-based activities [authorized by the oversight committee], shall match state funds at least dollar for dollar with funds generated by the center from the net income of any of the following operations of the center: the center's research clients, profit and nonprofit organizations, the federal government, or local political subdivisions. In kind and equipment contributions may be accepted as matching funds [under criteria established by the committee].
10 Reference to Oversight Committee on Innovation Research Center. Amend RSA 187:33-c to read as follows:
187-A:33-c Equipment Purchases. Any center project which includes the purchase of equipment shall contain a provision that allows either the company, the university of New Hampshire, or Dartmouth College to retain possession of such equipment when the project is completed and the company has paid its matching share in full. Final disposition of equipment shall be agreed to by the company and the center [and approved by the oversight committee] in advance of a project starting date. A company which purchases equipment deemed necessary to the conduct of the project may count the purchase price as part of its matching fund requirement.
11 Reference to Oversight Committee on Innovation Research Center. Amend RSA 187-A:35, I to read as follows:
I. A program to provide assistance to inventors shall be established at the innovation research center at the University of New Hampshire at Durham. The center shall develop, implement, publicize, and operate the program within the limits of available resources and in a manner which will give greatest effect to the purposes of the program. In so doing the center may charge a reasonable fee for proposals submitted. The administrative head of the program shall be the executive director of the innovation research center. [The administrative head shall be responsible to the oversight committee established in RSA 187-A:32.]
12 Reference to Oversight Committee on Innovation Research Center. Amend the introductory paragraph of RSA 187-A:36 to read as follows:
187-A:36 Annual Report. The center shall submit an annual report on or before December 31 of each year to the governor[,] and the governor's executive council[, and the oversight committee established in RSA 187-A:32]. The report shall include statistics for the following:
13 Reference to Education Improvement Oversight Committee. Amend the introductory paragraph of RSA 189:66, II to read as follows:
II. The department shall develop a detailed data security plan to present to the state board[, the legislative oversight committee established in RSA 193-C:7,] and the commissioner of the department of information technology. The plan shall include:
14 References to Education Improvement Oversight Committee. Amend RSA 189:66, III(a)(2) and the introductory paragraph of RSA 189:66, III(b) to read as follows:
(2) The governor, state board, senate president, speaker of the house of representatives, chairperson of the senate committee with primary jurisdiction over education, chairperson of the house committee with primary jurisdiction over education, [legislative oversight committee established in RSA 193-C:7,] and commissioner of the department of information technology.
(b) Require the department to issue an annual data security breach report to the governor, state board, senate president, speaker of the house of representatives, chairperson of the senate committee with primary jurisdiction over education, chairperson of the house committee with primary jurisdiction over education, [legislative oversight committee established in RSA 193-C:7,] and commissioner of the department of information technology. The breach report shall also be posted to the department's public Internet website and shall not include any information that itself would pose a security threat to a database or data system. The report shall include:
15 Reference to Education Improvement Oversight Committee. Amend the introductory paragraph of RSA 193-E:3, II(a) to read as follows:
II.(a) The department of education[, with the approval of the legislative oversight committee established in RSA 193-C:7,] may implement and report data on any additional indicators deemed relevant to the purposes of this section.
16 Task Force Removed; Oversight Committee References; Performance-Based Accountability System. Amend RSA 193-E:3-c to read as follows
193-E:3-c Performance-Based Accountability System.
I. At least every 4 years the commissioner shall review the performance-based accountability system and make recommendations [to the legislative oversight committee established under RSA 193-C:7. The commissioner may establish a task force to assist with this review. The commissioner, or designee, shall be the chairman of the task force and shall appoint no fewer than 9 and no more than 13 members to the task force which shall consist of department personnel, one or more representatives of a school district including at least one school board member, educational experts, parents or guardians of current public school pupils, members of a public interest group concerned with education, members of the business community, and other individuals with information or expertise of benefit to the task force's duties. The task force shall include one member of the house of representatives, appointed by the speaker of the house of representatives, and one member of the senate, appointed by the president of the senate] for future legislation.
II. The [task force] department shall have the following duties:
(a) Implement the performance-based accountability system to be used by schools that will ensure that the opportunity for an adequate education is maintained.
(b) Identify performance criteria and measurements.
(c) Establish performance goals and the relative weights assigned to those goals.
(d) Establish the basis, taking into account the totality of the performance measurements, for determining whether the opportunity for an adequate education exists, which may include the assignment of a value for performance on each measurement.
(e) Ensure the integrity, accuracy, and validity of the performance methodology as a means of establishing that a school provided the opportunity for an adequate education as defined in RSA 193-E:2-a.
III. The performance-based accountability system[, as recommended by the task force,] shall be based on data and indicators aligned to the New Hampshire consolidated state plan, as required by the Elementary and Secondary Education Act, 20 U.S.C. section 6301 et seq. as amended by the Every Student Succeeds Act. [This plan shall be approved by the legislative oversight committee established in RSA 193-C:7.]
IV. The [task force] commissioner shall submit a report of its findings with recommendations for future legislation for the performance-based accountability system to [the legislative oversight committee established under RSA 193-C:7. After the report is approved by the legislative oversight committee the department shall submit the report to] the chairpersons of the house and senate education committees, the speaker of the house of representatives, the senate president, the governor, the house clerk, and the senate clerk.
V. The department shall annually prepare a detailed report documenting the results of each school on the performance-based school accountability system to be developed pursuant to this section, and identifying all schools that can demonstrate the opportunity for an adequate education through the performance-based methodology. The report shall be submitted no later than January 15 annually to the same individuals receiving the final report under paragraph IV.
17 References to Education Improvement Oversight Committee. Amend RSA 193-E:3-e, IV to read as follows:
IV. The commissioner shall provide progress reports annually to the state board [and the legislative oversight committee established in RSA 193-C:7] on the status and effectiveness of the corrective and technical assistance provided by the department in achieving the demonstration of adequacy by all schools.
18 Health Information Organization; Commissioner of health and human services. Amend RSA 126-A:5, XX to read as follows:
XX. The commissioner shall [enter into a contract with the health information organization established pursuant to RSA 332-I to] administer the grant for the New Hampshire Information Exchange Planning and Implementation Project.
19 Membership; Oversight Committee on Health and Human Services. Amend RSA 126-A:13, I, to read as follows:
I. There shall be an oversight committee on health and human services consisting of [8] 5 members as follows:
(a) [3] Two members of the senate, at least one of whom shall be a member of the senate health and human services committee and one of whom shall be a member of the senate finance committee, appointed by the president of the senate; and
(b) [5] Three members of the house of representatives, [4] 2 of whom shall be from the health, human services and elderly affairs committee, and one of whom shall be from the house finance committee, appointed by the speaker of the house of representatives.
20 Membership; State Park System Advisory Council. Amend RSA 216-A:3-kk, I(a) to read as follows:
(a) [Four] Three members of the house of representatives, at least 2 of whom shall be from the resources, recreation and development committee, appointed by the speaker of the house of representatives.
21 Membership; Joint Committee on Tax Expenditure Review. Amend RSA 71-C:3, I to read as follows:
I. A joint committee on tax expenditure review is hereby established to review all qualifying tax expenditures on a rotating basis every 5 years and recommend continuance, amendment, or repeal of relevant provisions. The joint committee shall be composed of [3] 2 members of the house of representatives appointed by the speaker of the house of representatives and [2 members] one member of the senate appointed by the senate president, provided that such appointments shall include the chair or vice-chair of the ways and means committee of the respective bodies. The first meeting shall be within 60 days after the effective date of this paragraph and called by the first-named house member.
22 Membership; Air Pollution Advisory Committee. Amend RSA 125-J:11, I-II to read as follows:
I. There is established the air pollution advisory committee composed of the following members:
(a) [Four] Two representatives, appointed by the speaker of the house of representatives, of whom at least [3 are from] one shall be a member of the house science, technology, and energy committee. [At least] One [of the 4 representatives] representative shall be a member of a minority party.
(b) [Four] Two senators, appointed by the senate president.
(c) The governor, or designee.
I-a. The following additional members, whose terms shall be coterminous with their terms of office, shall be non-voting members of the committee and shall supply the committee with any information that it requests concerning matters subject to its purview:
(a) The commissioner of safety, or designee.
(b) The commissioner of environmental services, or designee.
II. The committee shall elect a chairperson and vice-chairperson, and meetings shall be at the call of the chair or [4 or more] a majority of committee members. The terms of the members shall be coterminous with their terms of office.
23 Membership; Committee to Study Exotic Aquatic Weeds and Species; Amend RSA 487:30, II(a)(1) to read as follows:
(1) [Five] Three members of the house of representatives, appointed by the speaker of the house of representatives.
24 Membership; New Hampshire Conservation Number Plate Advisory Committee. Amend RSA 261:97-d, I(f) and (g) to read as follows:
(f) [Three] Two house members appointed by the speaker of the house of representatives.
(g) [Three] Two senators appointed by the president of the senate.
25 Membership; OBD II Testing Advisory Committee. Amend RSA 266:59-b, VII(a)(1) and (2) to read as follows:
(1) [Three] Two representatives, appointed by the speaker of the house of representatives.
(2) [Two senators] One senator, appointed by the president of the senate.
26 Prospective Repeal Date Changed; Commission to Study Cryptocurrency. Amend 2016, 205:3, I to read as follows:
I. Section 2 of this act shall take effect November 1, [2021] 2020.
27 Repeal; Public Health; Licensing and Registering Boards. RSA 125:22-125:24, relative to professional and trade licensing and registering boards within the department of health and human services, are repealed.
28 State Workforce Innovation Fund. Amend RSA 6:12, I(b)(283 to read as follows:
(283) Moneys deposited into the [New Hampshire] state workforce [opportunity] innovation fund established in RSA 12-O:45.
29 Director of Economic Development; State Workforce Innovation Board. Amend RSA 12-O:20, VII to read as follows:
VII. Plan, develop, and administer programs to assist in the implementation of the Workforce Investment Act of 1998, 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time, implement the state plan established by the governor and the State Workforce [Opportunity Council] Innovation Board, and perform the following additional functions:
(a) Through the youth council, select youth providers of training services in the local areas.
(b) Identify eligible providers of training services in the local area.
(c) Identify eligible providers of intensive services, if not otherwise provided by the One-Stop operator.
(d) Develop a budget for carrying out the duties of the State Workforce [Opportunity Council] Innovation Board, subject to the approval of the commissioner.
(e) Oversee local programs of youth activities, local employment, and training service.
(f) Establish, in conjunction with the commissioner, local performance measures.
(g) Assist the commissioner in developing statewide employment statistics systems described in the Wagner-Peyser Act.
(h) Coordinate workforce investment activities authorized and implemented within the state with economic development strategies, and develop the employer linkages with such activities.
(i) Make available to the public, on a regular basis through open meetings, information regarding State Workforce [Opportunity Council] Innovation Board activities including information regarding the state plan prior to its submission, and information regarding membership, the designation and certification of One-Stop operators and the award of grants or contracts to eligible providers of youth activities and, as requested, minutes of formal meetings of the State Workforce [Opportunity Council] Innovation Board.
(j) Review the operation of programs and the availability, responsiveness, and adequacy of state services, and make recommendations to the governor, appropriate chief elected officials, service providers, the legislature, and general public with respect to steps to improve the effectiveness of these services and programs.
(k) Review plans of all state agencies providing employment training, and related services, and provide comments and recommendations to the governor, the legislature, the state agencies, and appropriate federal agencies on the relevancy and effectiveness of employment and training and related services delivery system in the state.
30 Workforce Development; State Workforce Innovation Board. Amend RSA 12-O:42 to read as follows:
12-O:42 Workforce Development. The commissioner of business and economic affairs shall work with the workforce development director to plan, develop, and administer workforce investment activities, programs, and grants under the federal Workforce Investment Act of 1998, 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time, and shall discharge the day-to-day operational responsibilities and obligations of the [New Hampshire] State Workforce [Opportunity Council] Innovation Board established under RSA 12-O:44. The commissioner shall coordinate with the [New Hampshire] State Workforce [Opportunity Council] Innovation Board to promote state and local investment systems that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation.
31 State Workforce Innovation Board. Amend the section heading of RSA 12-O:44 and RSA 12-O:44, I through the introductory paragraph of paragraph III to read as follows:
12-O:44 [New Hampshire] State Workforce [Opportunity Council] Innovation Board.
I. There is established a [New Hampshire] State Workforce [Opportunity Council] Innovation Board within the bureau of workforce development.
II. Membership of the council shall be as set forth in section 111(b) of the Workforce Investment Act of 1998, Public Law 105-220, codified at 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time. Members of the [council] board shall be appointed by the governor and shall serve at the pleasure of the governor. The governor shall select a chairperson for the [council] board from among the members of the [council] board, in accordance with 29 U.S.C. section 2821(c).
III. The [council] board shall meet no less frequently than semi-annually, shall have the powers and responsibilities of the state workforce investment board under the Workforce Investment Act of 1998, and shall assist the governor in:
32 State Workforce Innovation Fund. Amend RSA 12-O:45 to read as follows:
12-O:45 [New Hampshire] State Workforce [Opportunity] Innovation Fund.
I. There is hereby established the [New Hampshire] state workforce [opportunity] innovation fund which shall be nonlapsing and administered by the commissioner of the department of business and economic affairs. Said fund shall be for the purpose of receiving financial assistance under the Workforce Investment Act of 1998 and providing funds for grants and other workforce development initiatives.
II. The fund shall be distributed or expended by the commissioner after consultation with the [New Hampshire] State Workforce [Opportunity Council] Innovation Board established in RSA 12-O:44 and the approval of the governor and council for any of the following purposes:
(a) Workforce Investment Act Adult and Dislocated Worker programs.
(b) Workforce Investment Act Youth programs.
(c) Workforce Investment Act Senior Community Service Employment programs.
(d) Workforce Investment Act Disability programs.
(e) Workforce Investment Act Regional Innovation and National Emergency grant programs.
(f) Other projects, programs, or grants recognized as being beneficial to workforce development initiatives and consistent with the goals of the Workforce Investment Act.
III.(a) The department may accept gifts, grants, donations, or other moneys for the purposes of this section. Said moneys shall be deposited into the [New Hampshire] state workforce [opportunity] innovation fund.
33 Youth Council; Reference Changed. Amend RSA 188-E:13 to read as follows:
188-E:13 Legislative Membership on Youth Council. The following legislative members shall be appointed to the youth council which has been established as a subgroup within the [workforce opportunity council] State Workforce Innovation Board formed by the governor pursuant to the Workforce Investment Act of 1998:
I. Two members of the house of representatives, one of whom shall serve as an alternate, appointed by the governor.
II. Two members of the senate, one of whom shall serve as an alternate, appointed by the governor.
34 Effective Date. This act shall take effect upon its passage.