SB209 (2020) Detail

(New Title) establishing a commission to create a New Hampshire recovery monument.


CHAPTER 22

SB 209 - FINAL VERSION

 

8Jan2020... 2768h

2020 SESSION

19-0633

01/08

 

SENATE BILL 209

 

AN ACT establishing a commission to create a New Hampshire recovery monument.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Rep. Cloutier, Sull. 10; Rep. Amanda Bouldin, Hills. 12; Rep. Long, Hills. 10; Rep. Martin, Hills. 23

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill establishes a commission to create a New Hampshire recovery memorial.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2020... 2768h 19-0633

01/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing a commission to create a New Hampshire recovery monument.

 

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

 

22:1  New Subdivision; New Hampshire Recovery Monument Commission.  Amend RSA 4 by inserting after section 9-o the following new subdivision:

New Hampshire Recovery Monument Commission

4:9-p  Commission Established; Special Account.  

I.  A commission is established to oversee the location, design, construction, and maintenance of a New Hampshire recovery monument and to privately raise and expend all the funds necessary for its construction and maintenance.  The governor is authorized to accept for the commission, in the name of the state, gifts of money which are donated to construct and maintain the monument.  Notwithstanding any other provision of law, the commission may accept donated in-kind services, goods, and materials for the construction and maintenance of the monument without governor and council approval.

II.  The gifts of money, which are donated to contract, construct, and maintain the monument, shall be placed in a special nonlapsing account in the state treasury, to be expended for the purposes of the New Hampshire recovery monument.  Any money remaining in the special account after construction of the monument is completed shall be used for the care, maintenance, repair, and additions to the monument.  Any funds left in the special account after annual care, maintenance, and repair of the monument shall be deposited in the alcohol abuse prevention treatment fund under RSA 176-A:1.  Notwithstanding any other provision of law, the commission may expend the money raised or accepted as a gift without the approval of governor and council, to contract for the construction and perpetual maintenance of the monument.

III.  The commission shall remain in existence upon the completion of the monument for the purpose of overseeing maintenance and approving any change to the monument, as well as approving activities, celebrations, and commemorations associated with recovery and deemed appropriate for occurrence at the monument site, as permitted by the municipal rules where the monument is located.  After completion of the monument, and disbursement of funds under paragraph II, the commission may designate a nonprofit entity to raise funds for such memorial activities, celebrations, and commemorations.

4:9-q  Commission Membership and Duties.  The members of the commission established in RSA 4:9-p shall be as follows:

(a)  One senator, appointed by the president of the senate.

(b)  Two representatives, appointed by the speaker of the house of representatives.

(c)  Two directors of recovery organizations, appointed by the governor.

(d)  Two persons in recovery, appointed by the governor.

(e)  Two family members of persons lost to substance use disorder, appointed by the governor.

(f)  The chairperson of the recovery task force of the governor's commission on alcohol and drug abuse, prevention, treatment, and recovery, or designee.

(g)  The president of New Futures, or designee.

(h)  The director of National Alliance for Mental Illness, New Hampshire (NAMI-NH), or designee.

(i)  The commissioner of the department of health and human services, or designee.

II.(a)  The members appointed pursuant to subparagraphs (a), (b), and (i) shall serve coterminous with their terms in office.  The remaining members of the commission shall serve 3-year terms and may be reappointed.

(b)  Legislative members of the commission shall receive mileage at the legislative rate while attending to the duties of the commission.  The members of the commission shall elect a chairperson from among the members.  The first named house member shall call the first meeting of the commission.  Seven members of the commission shall constitute a quorum.

III.  The commission shall select the location and design for the New Hampshire recovery monument and oversee the construction and maintenance of the monument.  In selecting a design for the monument, the commission shall develop a request for proposals and criteria for the evaluation of proposals.  Design criteria shall include, after public consultation with interested parties, a monument including central features of a figural, representational, symbolic, or abstract form that recognize inclusively the varied New Hampshire historical and contemporary aspects of recovery from substance use disorders, with appropriate inscriptions and that recognize inclusively those New Hampshire individuals whose lives were lost and those affected by lost lives due to substance use disorders, with appropriate inscriptions.  The design may also include an area surrounding the central monument for permanent individual commemoration for those New Hampshire individuals whose lives were lost due to substance use disorders.  The design criteria shall include, after public consultation with interested parties, an area around the central features of the monument suitable for reflection and such commemorative activities as envisioned by the commission.  The commission shall approve a memorandum of understanding with the host community governing the siting, design, and construction of the monument, and subsequent related activities.

IV.  The commission shall privately raise all the money necessary for the planning, design, construction, and maintenance of the New Hampshire recovery monument.

4:9-r  Defense and Indemnification.  If the monument created pursuant to RSA 4:9-p is built on property not owned by the state of New Hampshire, the property owner shall protect, indemnify, and hold harmless the state of New Hampshire from any civil claim or suit involving the monument and any costs, damages, awards, judgments, or settlements arising from said claim or suit.

22:2  New Subparagraph; New Hampshire Recovery Monument Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph 347 the following new subparagraph:

(348)  Moneys deposited into the New Hampshire recovery monument special account established in RSA 4:9-p.

22:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 17, 2020

Effective Date: September 15, 2020

Links

SB209 at GenCourtMobile
SB209 Discussion

Action Dates

Date Body Type
Feb. 13, 2019 Senate Hearing
Feb. 21, 2019 Senate Floor Vote
May 15, 2019 House Hearing
May 21, 2019 House Exec Session
Oct. 16, 2019 House Exec Session
House Floor Vote

Bill Text Revisions

SB209 Revision: 8545 Date: July 20, 2020, 3:27 p.m.
SB209 Revision: 8486 Date: June 29, 2020, 5:43 p.m.
SB209 Revision: 7873 Date: Jan. 8, 2020, 1:52 p.m.
SB209 Revision: 7527 Date: Jan. 22, 2019, 10:20 a.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Executive Departments and Administration; SJ 4
Feb. 13, 2019 ==TIME CHANGE== Hearing: 02/13/2019, Room 101, LOB, 11:15 am; SC 10
Feb. 21, 2019 Committee Report: Ought to Pass, 02/21/2019; Vote 5-0; CC SC 11
Feb. 21, 2019 Ought to Pass: MA, VV; OT3rdg; 02/21/2019; SJ 6
March 20, 2019 Introduced 03/20/2019 and referred to Public Works and Highways HJ 11 P. 70
May 15, 2019 Public Hearing: 05/15/2019 10:30 am LOB 201
May 21, 2019 Executive Session: 05/21/2019 10:30 am LOB 201
Retained in Committee
Sept. 4, 2019 Full Committee Work Session: 09/04/2019 01:00 pm LOB 201
Sept. 17, 2019 Full Committee Work Session: 09/17/2019 11:00 am LOB 201
Oct. 16, 2019 Executive Session: 10/16/2019 10:15 am LOB 201
Committee Report: Ought to Pass with Amendment # 2019-2768h (NT) (Vote 17-0; CC) HC 50
Jan. 8, 2020 Amendment # 2019-2768h (NT): AA VV 01/08/2020 HJ 1 P. 51
Jan. 8, 2020 Ought to Pass with Amendment 2019-2768h (NT): MA VV 01/08/2020 HJ 1 P. 51
June 29, 2020 Sen. Carson Moved to Concur with the House Amendment, MA, VV; 06/29/2020; SJ 9
Enrolled 06/30/2020 HJ 10 P. 71
June 29, 2020 Enrolled (In recess 06/29/2020); SJ 9
July 17, 2020 Signed by the Governor on 07/17/2020; Chapter 0022; Effective 09/15/2020