Revision: March 4, 2022, 11:53 a.m.
Rep. Ebel, Merr. 5
February 22, 2022
2022-0782h
10/04
Amendment to HB 1269
Amend the bill by replacing sections 13-17 with the following:
13 McAuliffe-Shepard Discovery Center; Definitions. Amend RSA 12-L:1 to read as follows:
12-L:1 Definitions. In this chapter:
I. ["Commission" means the McAuliffe-Shepard discovery center commission.] "Corporation" means the McAuliffe-Shepard discovery center corporation, incorporated in New Hampshire in May 2012 as an independent nonprofit operation responsible for the management and operation of the discovery center beginning in January 1, 2013.
II. "Discovery center" means the McAuliffe-Shepard discovery center, which includes the planetarium, [and related exhibits pertaining to astronomy, aviation, and earth and space sciences] science museum, and grounds located at 2 Institute Drive in Concord, New Hampshire.
III. ["Touch the Future" means the nonprofit corporation organized to promote the welfare of the discovery center and to assist the discovery center director and the commission.
IV.] "Planetarium" means the discovery center planetarium.
[V. "Private operator" means the McAuliffe-Shepard discovery center corporation established in RSA 12-L:13 and the corporation's board established in RSA 12-L:14 which is responsible for the management and operation of the discovery center beginning January 1, 2013.]
14 McAuliffe-Shepard Discovery Center Corporation; References to Board Removed. RSA 12-L:14 is repealed and reenacted to read as follows:
12-L:14 McAuliffe-Shepard Discovery Center Corporation.
I. The corporation is a body politic and corporate which has a distinct legal existence separate from the state and does not constitute a department of state government. The corporation was established to carry out the provisions of this chapter.
II. The corporation, by the board of directors, may manage and operate the McAuliffe-Shepard discovery center beginning January 1, 2013.
15 Discovery Center Equipment. Amend RSA 12-L:15, IV to read as follows:
IV. The state shall enter into a 10-year, renewable lease with the [private operator] corporation to occupy and operate the discovery center buildings and grounds and utilize the equipment and software beginning on January 1, 2013, at a charge of $1 per year. Either party may terminate this lease with 90 days notice if the other party fails to make a good faith effort to meet all of its obligations under RSA 12-L.
16 Discovery Center Exhibits. Amend RSA RSA 12-L:16 and RSA 12-L:17 to read as follows:
12-L:16 Discovery Center Exhibits, Equipment, and Software Licenses[, and Supplies].
I. [The commission shall compile a comprehensive inventory of all equipment, including exhibits and software owned by the discovery center, on June 30, 2012, which shall be updated through December 31, 2012.
II.] The annual lease to the [private operator] corporation shall include the use of all exhibits and equipment owned by the discovery center on December 31, 2012. The state shall allow the [private operator] corporation, at its own expense, to make any upgrades to the equipment, software, and exhibits the [private operator] corporation deems necessary.
[III. All equipment and exhibits on loan to the discovery center on June 30, 2012, shall be identified and updated in a timely manner through December 31, 2012.
IV. The discovery center director shall work with the private operator to contact the loaners and arrange for transfer of the loans to the private operator, for those loans that the private operator wishes to continue.
V. The state shall transfer at no cost all supplies belonging to the discovery center on December 31, 2012, to the private operator.]
12-L:17 Discovery Center Visitor, Donor, Program Records and Archives. All publicly available donor, visitor, and program records and archival materials owned by the discovery center on December 31, 2012, shall continue to be available to the public and to the [private operator] corporation.
17 Repeal; McAuliffe-Shepard Discovery Center. The following are repealed:
I. RSA 12-L:7, relative to the powers and duties of the commission.
II. RSA 12-L:12, relative to the gift store.
III. RSA 12-L:13, relative to establishing the corporation.
IV. RSA 12-L:18, relative to state funds.
Amend RSA 141-C:27, VI as inserted by section 18 of the bill by replacing it with the following:
VI. The committee may provide advisory opinions, including draft guidance, guidelines, or protocols, which shall be submitted to the commissioner of the department of health and human services and to the health and human services oversight committee established in RSA 126-A:13 and shall not be binding on the commissioner or any member of the public.
Amend the bill by replacing all after section 30 with the following:
31 Legislative Officers and Proceedings. RSA 14:49 is repealed and reenacted to read as follows:
14:49 Legislative Study Committees and Commissions.
I.(a) For the purpose of this paragraph, "study committee" shall mean a committee, commission, task force, council, or any other similar entity established by the general court in chapter law to study or otherwise address a specified issue, and shall not include any similar entities that are codified in statute.
(b) Every study committee which is established by the general court shall be repealed either upon the filing of a final report or on November 1 in the even-numbered year prior to the beginning of the subsequent biennial session, whichever is earlier.
(c) The membership of a study committee established by the general court shall be limited to members of the general court only.
(d) The chairperson of a study committee established by the general court shall, in addition to any other reporting requirements, electronically file the final report with the clerk of the house of representatives and the clerk of the senate, and the clerks of the respective bodies shall post the report on the general court website. The clerks of the respective bodies shall then send a copy of the report to the standing committee of each body with jurisdiction over the subject matter of the report.
II.(a) For the purpose of paragraph II, "commission" shall mean a committee, commission, task force, council, or any other similar entity established by the general court and codified in the Revised Statutes Annotated for a specific term to study or otherwise address a specified issue, and shall not include any similar entities that are not a study committee as defined in paragraph I.
(b) The term of the commission shall be specified and the commission's statutory authorization shall be repealed no later than 5 years after the date it becomes effective, unless subsequent legislation is passed to extend the commission's existence.
(c) No commission shall have more than 15 members and may include appointees who are not members of the general court. The legislative members of the commission shall constitute a majority of the commission. The term of members of the general court who serve on a commission shall be coterminous with their term in office, unless they are appointed in a capacity other than their legislative office.
(d) In addition to any other reporting requirements, the chairperson of each commission established by the general court shall electronically file the final report with the clerk of the house of representatives or clerk of the senate, and the clerks of the respective bodies shall post the report on the general court website. The clerks of the respective bodies shall then send a copy of the report to the standing committee of each body with jurisdiction over the subject matter of the report.
(e) House and senate committee services staff shall jointly prepare an updated index of all commissions with relevant information annually. This list shall be provided to the speaker of the house of representatives, the president of the senate, and the standing committee chairs with jurisdiction over the subject matter of the commissions by January 15 of each year.
32 Advisory Committee on Marine Fisheries; Membership Qualifications. Amend RSA 211:60, I to read as follows:
I. There is established an advisory committee on marine fisheries to recommend programs and policies regarding marine fisheries to the fish and game commission. The advisory committee shall consist of 5 members and one alternate member, all with expertise in marine fisheries, a majority of whom shall be residents of the [seacoast region] tidewater towns, as defined in RSA 206:2-a, appointed by the governor and council.
I. Section 2 of this act shall take effect July 1, 2023.
II. The remainder of this act shall take effect 60 days after its passage.
2022-0782h
AMENDED ANALYSIS
This bill:
I. Repeals certain inactive commissions and revises the membership and duties of other commissions.
II. Requires certain commissions to be repealed or re-authorized no later than 5 years after they are created, to have a maximum of 15 members, and for the house and senate committee services staff to compile and disseminate a comprehensive index of the commissions annually.
III. Requires study committee and commission reports to be sent to the relevant standing committees of both the house and the senate.