HB 186  - AS INTRODUCED

 

 

2021 SESSION

21-0194

05/10

 

HOUSE BILL 186

 

AN ACT repealing certain inactive committees and revising the membership or duties of certain committees, councils, and boards.

 

SPONSORS: Rep. Ebel, Merr. 5; Rep. Heath, Hills. 14; Sen. Rosenwald, Dist 13; Sen. Carson, Dist 14

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

 

This bill repeals certain inactive committees and revises the membership and duties of others.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0194

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT repealing certain inactive committees and revising the membership or duties of certain committees, councils, and boards.

 

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

 

1  Repeals.  The following are repealed:

I.  RSA 5:42, relative to the state historical records advisory board.

II.  RSA 5:50, relative to the grants review committee.

III.  RSA 21-R:9, relative to the joint legislative information technology oversight committee.

IV.  RSA 263:6-b, relative to the medical/vision advisory board.

V.  RSA 374:22-h, relative to the oversight committee on telecommunications.

VI.(a)  RSA 420-N:3, relative to the joint health care reform oversight committee.

(b)  RSA 420-N:2, III, defining the oversight committee.

(c)  RSA 420-N:4, relative to the role of the committee in implementing the federal act.

(d)  RSA 161:11, relative to the role of the committee in rulemaking and waiver requests.

VII.  RSA 621:10, relative to the youth development center population oversight panel.

VIII.  RSA 621-A:9 - 621-A:11, relative to the juvenile justice advisory board.

IX.  RSA 652:24, relative to the voter identification advisory board.

2  Repeal; Effective July 1, 2023.  The following are repealed:

I.  RSA 9-A:5, relative to the commission on rural affairs.

II.  RSA 238:20, relative to the scenic and cultural byways council.

3  Joint Legislative Information Technology Oversight Committee; Reference Removed.  Amend RSA 21-R:14, II to read as follows:

II.  The information policy developed under paragraph I shall include a mechanism for adoption and review by each state agency.  Each agency that adopts the policy shall designate a contact person responsible for oversight and implementation of open government data standards for that agency.  The contact shall act as a liaison between the department, the implementing agency, and the public in matters related to open government data standards. [The commissioner shall include the status of the development and implementation of the statewide information policy based on open government data standards in the quarterly report to the legislative oversight committee under RSA 21-R:9.]

4  Population Oversight  Panel; Youth Development Center; Reference Removed.  Amend RSA 169-B:19, I(j) to read as follows:

(j)  Commit the minor to the custody of the department of health and human services for the remainder of minority.  Commitment under this subparagraph may only be made following written findings of fact by the court, supported by clear and convincing evidence, that commitment is necessary to protect the safety of the minor or of the community, and may only be made if the minor has not waived the right to counsel at any stage of the proceedings.  If there is a diagnosis or other evidence that a minor committed under this subparagraph may have a serious emotional disturbance or other behavioral health disorder, the minor shall, with the consent of the minor and the minor's family, be referred to a care management entity pursuant to RSA 135-F:4, III.  The care management entity shall develop and oversee the implementation of a care plan for the minor, intended to reduce the period of commitment.  Commitment may not be based on a finding of contempt of court if the minor has waived counsel in the contempt proceeding or at any stage of the proceedings from which the contempt arises. Commitment may include, but is not limited to, placement by the department of health and human services at a facility certified for the commitment of minors pursuant to RSA 169-B:19, VI,  or administrative release to parole pursuant to RSA 621:19, [or administrative release consistent with the cap on youth development center population under RSA 621:10,] provided that the appropriate juvenile probation and parole officer is notified.  Commitment under this subparagraph shall not be ordered as a disposition for a violation of RSA 262 or 637, possession of a controlled drug without intent to sell under RSA 318-B, or violations of RSA 634, 635, 641, or 644, which would be a misdemeanor if committed by an adult. However, commitment may be ordered under this subparagraph for any offense which would be a felony or class A misdemeanor if committed by an adult if the minor has previously been adjudicated under this chapter for at least 3 offenses which would be felonies or class A misdemeanors if committed by an adult.  A court shall only commit a minor based on previous adjudications if it finds by clear and convincing evidence that each of the prior offenses relied upon was not part of a common scheme or factual transaction with any of the other offenses relied upon, that the adjudications of all of the prior offenses occurred before the date of the offense for which the minor is before the court, and that the minor was represented by counsel at each stage of the prior proceedings following arraignment.

5  Legislative Youth Advisory Committee Membership.  RSA 19-K:2, I-IV are repealed and reenacted to read as follows:

I.  The president of the senate shall appoint the following 7 members:

(a)  Six secondary students or postsecondary youth.

(b)  One member of the senate.

II.  The speaker of the house of representatives shall appoint the following 8 members:

(a)  Seven secondary students or postsecondary youth.

(b)  One member of the house of representatives.

III.  The governor shall appoint 3 secondary students or postsecondary youth members.  

IV.  The secretary of state shall appoint 3 secondary students or postsecondary youth members.

6  Advisory Committee on State Procurement.  Amend RSA 21-I:14-d, I to read as follows:

(a)  Four members of the house of representatives, [3] 2 of whom shall be members of the house executive departments and administration committee, one of whom shall be a member of the house committee with jurisdiction over public works, and one of whom shall be a member of the house finance committee, appointed by the speaker of the house of representatives.

7  New Subparagraph; Information Technology Council; Senator Added.  Amend RSA 21-R:6, II by inserting after subparagraph (o) the following new subparagraph:

(p)  One state senator, appointed by the president of the senate, for the duration of the legislative term.

8  Joint Committee on Tax Expenditure Review; Membership.  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 [2] 3 members of the house of representatives appointed by the speaker of the house of representatives and [one member] 2 members 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.

9  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 of whom shall be residents of the seacoast region,] appointed by the governor and council.

10  Public Water Access Advisory Board; Membership.  Amend RSA 233-A:2, I(h) and (i) to read as follows:

(h)  [Two senators,] One senator from the standing policy committee with jurisdiction over natural resources, appointed by the president of the senate.

(i)  Two house members, one from [the resources, recreation and development committee and one from the wildlife and marine resources committee] the standing policy committee with jurisdiction over natural resources and one from the standing policy committee with jurisdiction over fish and game, appointed by the speaker of the house.

11  Legislative Oversight Committee on Electric Utility Restructuring; Membership.  Amend RSA 374-F:5, I to read as follows:

I.  There is established a legislative oversight committee to monitor the transformation of delivery of electric services consisting of [7] 5 members as follows:

(a)  [Five] Three members of the house, at least [3] 2 of whom shall be members of the committee with jurisdiction over utilities and energy, and at least one of whom shall be a member of a minority party, appointed by the speaker of the house.

(b)  Two members of the senate, at least one of whom shall be a member of the committee with jurisdiction over utilities and energy, and at least one of whom shall be a member of the minority party, appointed by the president of the senate.