sb 0534

CHAPTER 257

SB 534-FN-A – FINAL VERSION

AN ACT relative to the reorganization of certain functions and duties of state agencies.

SPONSORS: Sen. Clegg, Dist 14; Sen. Morse, Dist. 22; Sen. D’Allesandro, Dist 20; Sen. Barnes, Dist 17

I. Transfers administration and enforcement of bingo and lucky 7 to the pari-mutuel commission.

II. Transfers the bureau of environmental and occupational health from the department of health and human services to the department of environmental services.

III. Authorizes the commissioner of the department of environmental services to nominate certain division directors.

IV. Transfers certain programs from the office of state planning and energy programs to the department of environmental services and changes the name of the office of state planning and energy programs to the office of energy and planning.

V. Requires a review of the salaries of the commissioner and assistant commissioner of the department of environmental services.

VI. Removes the office of state planning and energy programs from the permitting process for public and congregate moorings.

VII. Establishes a committee to study the reorganization of the department of revenue administration.

VIII. Changes the name of the division of aeronautics to the division of aeronautics, rail, and transit.

IX. Establishes a commission to study transferring the division of public works from the department of transportation to a new bureau of public works in the department of administrative services and reorganizing divisions within the department of transportation; and changes obsolete references to the department of public works and highways to the department of transportation.

X. Transfers certain state house rooms from the executive branch to the legislative branch.

XI. Transfers bioterrorism positions from the department of health and human services to the department of safety.

XII. Transfers the New Hampshire film and television commission from the department of resources and economic development to the department of cultural resources.

XIII. Authorizes the commissioner of transportation to use the design build method of contracting for buildings that are part of capital projects.

XV. Clarifies permissible uses of the land conservation investment program monitoring endowment.

XVI. Transfers authority over the New Hampshire hospital security force from the department of health and human services to the department of safety.

XVII. Requires the commissioner of safety and the commissioner of the department of health and human services to report to the legislature on a proposal to establish a capitol police force.

XVIII. Establishes an appeal process to the state building code review board for persons affected by final decisions of the electricians’ board and the state board for the licensing and regulation of plumbers.

XIX. Requires any expansion in the scope of practice of a profession regulated by an occupational regulatory board or commission to be adopted by legislation and not by administrative rule.

XX. Establishes a committee to study transferring the adjudicatory functions of occupational regulatory boards and commissions to an office of administrative adjudications.

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

AN ACT relative to the reorganization of certain functions and duties of state agencies.

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

257:1 Department of Safety; Duties of Commissioner. Amend the introductory paragraph of RSA 21-P:4, VI to read as follows:

VI. Have the discretion to grant to bingo and lucky 7 inspectors within [~~his department~~] the pari-mutuel commission certain limited police powers as follows:

257:2 Police Standards and Training Council; Education and Training. Amend RSA 188-F:27, VI to read as follows:

VI. Any investigator who has the power to enforce the criminal laws under RSA 106-A and RSA 287-E and rules of the lottery commission [~~and~~], the department of safety, or the pari-mutuel commission and who was serving under a permanent appointment prior to July 1, 1986, shall not be required to meet the requirements of paragraphs I and III; however, any investigator referred to in this paragraph shall complete such limited programs as may be prescribed by the police standards and training council under this section within one year of the date the programs are required. Should any investigator exempted from the requirements of paragraphs I and III of this section by this paragraph terminate employment with the department of safety and be hired as a police officer by another police department of the state or a political subdivision thereof, the inspector's certification shall lapse and may be reinstated upon completion of such necessary additional training courses as the police standards and training council may prescribe.

257:3 New Paragraph; Pari-Mutuel Commission; Additional Duties. Amend RSA 284:6-a by inserting after paragraph III the following new paragraph:

IV. The pari-mutuel commission shall administer RSA 287-E relating to bingo and lucky 7.

257:4 New Paragraph; Pari-Mutuel Commission; Rulemaking. Amend RSA 284:12 by inserting after paragraph VII the following new paragraph:

257:5 New Subparagraph; Purchase of Supplies; Exemption. Amend RSA 21-I:18, I by inserting after subparagraph (m) the following new subparagraph:

(n) The purchase of gaming tickets and their dispensing equipment by the pari-mutuel commission under RSA 287-E. The pari-mutuel commission shall make such purchases under competitive bidding requirements, except when waived by the pari-mutuel commission or its authorized agent with written justification.

284:21-a State Lottery Commission. There shall be and hereby is created a state lottery commission consisting of 3 members who shall be appointed and may be removed for cause by the governor with the advice and consent of the council. One member shall be appointed for one year, one for 2 years and one for 3 years, and upon the expiration of their terms of office their successors shall be appointed for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term. The members shall serve until their successors are appointed and qualified. No member of the commission shall have any pecuniary or other interest in any supplier or agent to the commission[~~, or in any supplier or lessor of bingo equipment or halls, or in any officer of a bingo licensee licensed under RSA 287-E,~~] or in any licensee licensed under the provisions of this chapter.

I. The lottery commission shall be empowered to employ such technical assistants and employees to carry out the provisions of this subdivision as the governor and council shall authorize. Such assistants and employees shall receive compensation at rates to be established by the personnel commission. No employee of the commission shall have any pecuniary or other interest in any supplier or agent to the commission[~~, or in any supplier or lessor of bingo equipment or halls, or in any officer of a bingo licensee licensed under RSA 287-E,~~] or in any licensee licensed under this chapter.

I. The state treasurer shall credit all moneys received from the lottery commission and all moneys received from the pari-mutuel commission under RSA 287-E, and interest received on such moneys, to a special fund from which the treasurer shall pay all expenses of the commission incident to the administration of this subdivision and all administration and enforcement expenses of the pari-mutuel commission under RSA 287-E. Any balance left in such fund after such expenses are paid shall be deposited in the education trust fund established under RSA 198:39.

257:9 Reference Change; Raffles Held in Conjunction With Bingo Games. Amend RSA 287-A:8, III to read as follows:

III. Notwithstanding RSA 287-A:4, raffle tickets sold in conjunction with bingo games shall be sold only by members of a charitable organization licensed by the [~~lottery~~] pari-mutuel

commission to conduct bingo and only at bingo games being operated by the charitable organization.

257:10 Bingo and Lucky 7; Definitions. Amend RSA 287-E:1, VI to read as follows:

VI. “Commission” means the state [~~lottery~~] pari-mutuel commission.

257:11 Bingo; Administration and Enforcement. Amend RSA 287-E:2 to read as follows:

287-E:2 Administration and Enforcement. The [~~lottery~~] pari-mutuel commission shall administer and [~~the commissioner of safety shall~~] enforce this subdivision relating to bingo.

257:12 Lucky 7; Administration and Enforcement. Amend RSA 287-E:16 to read as follows:

287-E:16 Administration and Enforcement. The [~~lottery~~] pari-mutuel commission shall administer and [~~the commissioner of safety shall~~] enforce this subdivision relating to the sale of lucky 7 tickets.

257:13 New Paragraph; Bingo and Lucky 7; Rulemaking. Amend RSA 287-E:18 by inserting after paragraph V the following new paragraph:

(a) Dispenser devices approved by the [~~lottery~~] pari-mutuel commission which are located at the regular meeting place of, or at a facility owned, leased, or utilized by, a charitable organization licensed under RSA 287-E:20.

I. RSA 21-P:7, III, relative to bingo and lucky 7 inspection and enforcement by the state police.

II. RSA 21-P:14, II(q), relative to bingo and lucky 7 inspection and enforcement by the department of safety.

257:16 Transfer of Authority. The pari-mutuel commission shall assume all authority, functions, duties, and responsibilities of the lottery commission regarding the administration, licensing, and enforcement of RSA 287-E. All existing rules adopted by the lottery commission for the administration, licensing, and enforcement of RSA 287-E shall remain in effect and be enforced by the pari-mutuel commission.

I. Classified employees of the lottery commission responsible for the administration and licensing of bingo and lucky 7 shall be transferred to the pari-mutuel commission. The transfer provided for in this section shall include all of the personnel, books, papers, records, equipment, unexpended appropriations, or other available funds, property, or obligations of any kind of the lottery commission for administration and licensing of bingo and lucky 7. The transfer provided for in this paragraph shall include the following personnel from the sweepstakes commission: position numbers 14418, 14424, and 14393.

II. Classified employees of the department of safety responsible for the enforcement of the bingo and lucky 7 laws shall be transferred to the pari-mutuel commission. The transfer provided for in this section shall include all of the personnel, books, papers, records, equipment, unexpended appropriations, or other available funds, property, or obligations of any kind of the gaming enforcement unit for enforcement of the bingo and lucky 7 laws. The transfer provided for in this paragraph shall include the following personnel from the department of safety: position numbers 14425, 14402, 17114, 17116, and 14410.

257:18 Transfer of Certain Public Health Programs to Department of Environmental Services.

I. Notwithstanding any provision of law to the contrary, and except as provided in paragraph III, all of the functions, powers, duties, and responsibilities of the bureau of environmental and occupational health within the office of community and public health, department of health and human services shall be transferred to the department of environmental services on July 1, 2004. The transfer shall include the following personnel presently assigned to the bureau of environmental and occupational health: position numbers 19631, 19632, 14681, 14806, 14817, 17147, 18461, 18996, 18997, 19641, 19700, 40339, 8T020, 9T027, 9T099, 9T179, 9T195, 9T296, 18999, 19000, 40342, 9T112, 9T113, and 9T729. The transfer shall also include all of the equipment, books, papers, records, unexpended appropriations, and other available funds in any account or subdivision of an account of the department of health and human services, office of community and public health, related to the above functions and authorized for use by the bureau of environmental and occupational health.

II. All existing rules, statutory responsibilities, regulations, and procedures in effect, in operation, or adopted in or by the former department of health and human services, bureau of environmental and occupational health are transferred to the department of environmental services, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.

III. The duties and responsibilities of the department of health and human services under RSA 130-A, relative to lead paint poisoning prevention and control, except for licensure and certification duties and responsibilities under RSA 130-A:12, shall be exempt from the transfers made in paragraphs I and II.

257:19 Department of Environmental Services; Appointment of Division Directors. RSA 21-O:2, III is repealed and reenacted to read as follows::

(a) The commissioner shall, after consulting with the water council, nominate for appointment by the governor and council a director of the division of water. The nominee shall have a baccalaureate or master’s degree from an accredited college or university, hold a valid license or certificate of registration to practice civil, sanitary, or environmental engineering issued by the lawfully constituted registration board of any state of the United States, and shall have a minimum of 5 years' responsible experience in the administration of sanitary or environmental engineering programs in the public or private sector.

(b) The commissioner shall, after consulting with the air resources council, nominate for appointment by the governor and council a director of air resources. Each nominee shall hold a baccalaureate or master’s degree from a recognized college or university with a major study in environmental sciences, chemistry, engineering, public health, public administration, or a related field, and have 5 years’ experience in a high supervisory or administrative position in a public or private agency engaged in air quality, air pollution control, environmental planning, engineering project management, or a related discipline.

(c) The commissioner shall, after consulting with the waste management council, nominate for appointment by the governor and council a director of waste management. Each nominee shall hold a master's degree from a recognized college or university with major study in environmental sciences, chemistry, civil engineering, public health, public administration, or a related field, and have 5 years' experience in a high level supervisory or administrative position in a public or private agency engaged in waste management, environmental health, or a related discipline.

257:20 Transfer of Certain Programs From Office of State Planning and Energy Programs to Department of Environmental Services.

I. Notwithstanding any provision of law to the contrary, all of the functions, powers, duties, and responsibilities of the office of state planning and energy programs relating to the coastal zone management program and the New Hampshire estuaries project shall be transferred to the department of environmental services. The transfer provided for in this section shall include, but not be limited to, the following personnel from the coastal zone management program: position numbers 40468, 40469, 10026, 10027, 30001, 9T006, 16669, and 16670 and from the estuaries project: position numbers 9T003, 9T005, and 8Temp. The transfer provided in this section, shall include all of the equipment, books, papers, records, unexpended appropriations, and other available funds in any account or subdivision of an account of the office of state planning and energy programs related to the above functions and authorized for use by the office of state planning and energy programs for said programs.

II. All existing rules, statutory responsibilities, regulations, and procedures in effect, in operation, or adopted in or by the former coastal zone management program and New Hampshire estuaries program are transferred to the department of environmental services, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.

III. The department of environmental services shall be considered a temporary host for the New Hampshire estuaries project. The management committee of the estuaries project shall report to the speaker of the house of representatives and the president of the senate by December 1, 2004 recommending a permanent host for the project. Nothing in this section shall preclude the department of environmental services from becoming the permanent host.

257:21 Compensation of Commissioner and Assistant Commissioner of the Department of Environmental Services; Review. The unclassified salaries of the commissioner and assistant commissioner, department of environmental services shall be reviewed by the fiscal committee pursuant to the procedure in RSA 94:1-d and RSA 14:30-a.

257:22 Mooring of Boats; Denial of Mooring Permit. Amend RSA 270:61, VI to read as follow:

VI. The department shall not deny a mooring permit to any person, or place any limitations on the type of craft permitted at a mooring, when reasonable need exists, there is no opposition from abutters, [~~and~~] there is no evidence that the mooring will interfere with navigation, and the mooring is in compliance with RSA 270:64.

257:23 New Paragraph; Moorings Prohibited. Amend RSA 270:64 by inserting after paragraph II the following new paragraph:

III. The director shall consult with the fish and game department, the department of environmental services, or the office of energy and planning to assist in the assessment required under subparagraph I(c).

270:65 Special Exceptions. The division of safety services[~~, in consultation with the office of state planning and energy programs,~~] shall propose rules to develop standards for granting special exceptions for the placement of from 2 to 4 moorings adjacent to a shorefront property. The placement of 5 or more moorings adjacent to a shorefront property shall require approval pursuant to RSA 270:67, I and II.

257:25 Public and Congregate Mooring Fields; Permit Required. Amend RSA 270:67 to read as follows:

(a) The [~~office of state planning and energy programs and the~~] division of safety services shall identify suitable locations for public mooring fields and prioritize the need for the development of such sites. In determining said locations [~~the office of state planning and energy programs and~~] the division of safety services shall recommend each location size and the configuration of each public mooring field. Further, it shall be determined by the [~~office of state planning and energy programs and~~] division of safety services that adequate access exists to serve the needs of the users of the public mooring field. Said site proposal shall then be transmitted to the respective political subdivision or subdivisions in which the proposed mooring field is to be located, where a public hearing on said site proposal may be conducted by the [~~office of state planning and energy programs~~] division of safety services. The [~~office of state planning and energy programs and the~~] division of safety services shall review all recommendations received and submit their final site proposal to governor and council for approval. All such recommendations shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvement programs of the adjacent municipality.

(b) The division shall issue a permit to any applicant for a mooring in a public mooring field who fulfills the mooring requirements in this subdivision subsequent to approval under subparagraph (a).

(c) Each public mooring field applicant shall be assessed a fee of $25 which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

(a) The [~~office of state planning and energy programs and~~] division of safety services may identify suitable locations for congregate mooring fields. In determining said locations [~~the office of state planning and energy programs and~~] the division of safety services shall recommend each location size and the configuration of each congregate mooring field. Further, it shall be determined by the [~~office of state planning and energy programs and~~] division of safety services that adequate access exists to serve the needs of the users of the congregate mooring field. Said site proposal shall then be transmitted to the respective political subdivision or subdivisions in which the proposed mooring field is to be located, where a public hearing on said proposal may be conducted by the [~~office of state planning and energy programs~~] division of safety services. The [~~office of state planning and energy programs and the~~] division of safety services shall review all recommendations received and submit their final proposal to governor and council for approval. All such recommendations shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvement programs of the adjacent municipality.

(b) Subsequent to approval by the governor and council, the division shall issue a permit to any applicant for a congregate mooring field who shows that:

(1) The location and size of the congregate mooring field meet the criteria established pursuant to RSA 270:71; and

(2) Adequate access exists to serve the needs of the users of the congregate mooring field; and

(3) The congregate mooring field will comply with the provisions of RSA 270:64; and

(c) Each congregate mooring field permitted by the director shall be assessed an annual mooring fee of $25 for each mooring installed in the congregate mooring field which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

(d) Operators in charge of maintaining congregate mooring fields may charge no more for the use of a mooring than an amount which reasonably covers the costs of mooring installations and maintenance. Said charges shall be reported to the [~~office of state planning and energy programs and the~~] division of safety services who shall submit an annual report to the governor and council and the general court on all congregate mooring fields.

III. Notwithstanding RSA 270:61, III, small mooring sites may be established without the approval of governor and council, but subject to the approval of the division. Such sites shall be only for the use of motels, cottages, condominiums, other rental property, or homogeneous use group.

I. The division shall[~~, after consultation with the office of state planning and energy programs,~~] determine the need and suitable locations, size, and configuration for mooring areas. The director shall designate appropriate mooring areas and assign mooring sites within such designated areas to individuals who meet all other requirements of this subdivision and can demonstrate a need for a site in such area. All designated mooring areas shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvements programs of the adjacent municipality.

257:27 Committee Established to Study Reorganization of Department of Revenue Administration.

I. There is established a committee to study the reorganization of the department of revenue administration.

(1) Four members of the house of representatives, appointed by the speaker of the house.

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

(a) Study the benefits of the reorganization of the department of revenue administration.

(b) Study the fiscal impact of any reorganization of the department of revenue administration.

IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

V. Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2004.

257:28 Department of Transportation; Division of Aeronautics Changed to Division of Aeronautics, Rail, and Transit. Amend the introductory paragraph of RSA 21-L:7 to read as follows:

21-L:7 Division of Aeronautics, Rail, and Transit. There is established within the department the division of aeronautics, rail, and transit, under the supervision of an unclassified director of aeronautics, rail, and transit, who shall be responsible for the following functions:

257:29 New Paragraph; Department of Transportation; Division of Aeronautics, Rail, and Transit. Amend RSA 21-L:7 by inserting after paragraph VI the following new paragraph:

VII. Planning, designing, and facilitating construction, and servicing rail and transit facilities including but not limited to pedestrian, bicycle, transit, rideshare, and railroad modes.

257:30 Change From Division of Aeronautics to Division of Aeronautics, Rail, and Transit. Amend the following RSA provisions by replacing “division of aeronautics” and “aeronautics division” with “division of aeronautics, rail, and transit”: 72:38, I-II; 21-L:8, III and V; 422:3, XIX; 422:39; 423:11, III; 423-A:3.

257:31 Change From Director of Aeronautics to Director of Aeronautics, Rail, and Transit. Amend the following RSA provisions by replacing “director of aeronautics” with “director of aeronautics, rail, and transit”: 21-L:8, VI; 94:1-a, I(b) FF; 149-H:1, I(g); 270:12, II; 422:6; 422:38, II and IV.

257:32 Commission Established to Study Transfer of Division of Public Works From Department of Transportation to Bureau of Public Works in Department of Administrative Services and Reorganization of Department of Transportation.

I. There is established a commission to study transferring the division of public works from the department of transportation to a new bureau of public works in the department of administrative services and reorganizing divisions within the department of transportation.

(1) Five members of the house of representatives, one of whom shall be a member of the executive departments and administration committee, one of whom shall be a member of the finance committee, and 2 of whom shall be members of the public works and highways committee, appointed by the speaker of the house.

(b) Members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. The commission shall study transferring the division of public works from the department of transportation to a new bureau of public works in the department of administrative services and reorganizing divisions within the department of transportation.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2004.

257:33 Change From Commissioner of Public Works and Highways to Commissioner of Transportation. Amend the following RSA provisions by replacing “commissioner of public works and highways” and “commissioner, public works and highways” with “commissioner of transportation”: 12-A:5, I(b) and V; 37:6, VII; 48-B:2; 215-A:8; 216-B:3; 216-B:5; 216-B:6; 216-C:2; 216-C:5; 216-C:6; 265:22; 266:72, V(a); 472:5.

257:34 Change From Department of Public Works, Department of Public Works and Highways, and Public Works and Highways Department to Department of Transportation. Amend the following RSA provisions by replacing “department of public works”, “department of public works and highways”, and “public works and highways department” with “department of transportation”: 14:15-b; 21-I:12, II(c) and (d); 21-I:8, I(e); 153:10; 162-B:3, III; 210:11, IV; 216-B:6; 216-C:6; 217:1; 237:17, VIII; 284:21-h, II(b); 447:17; 498-A:21, II.

257:35 Authority Over State House Rooms. Amend RSA 14:14-b, III to read as follows:

III. All rooms and other spaces in the basement and on the first and third floors of the state house[~~, with the exception of rooms numbered 122, 123 and 124 and the passageway immediately adjacent thereto~~].

257:36 Bioterrorism Positions Transferred From Department of Health and Human Services to Department of Safety. Notwithstanding any provision of law to the contrary, all of the positions in the department of health and human services, office of community and public health that provide all hazards emergency preparedness services as defined in a memorandum of understanding dated September 4, 2003 between the department of health and human services and the department of safety shall be transferred to the department of safety. The transfer provided for in this section shall include the following personnel: Position numbers 9T126, 9T196, 9T107, 9T148, 9T149, 9T106, 9T153, 9T125, 9T098, 9T150, 9T120, 17142, 16147, and 2 part-time temporary positions.

257:37 Capital Budget Overview Committee; Duties. Amend RSA 17-J:4 to read as follows:

17-J:4 Duties. The capital budget overview committee shall review the status of capital budget projects both during and between legislative sessions. Each state agency with capital budget projects shall submit to the committee a status report on the projects every 60 days. The commissioner of transportation shall, within 30 days of the approval of funding for any capital budget project, submit a timeline or schedule for such project to the capital budget overview committee for review.

257:38 New Subdivision; Department of Cultural Resources; New Hampshire Film and Television Commission. Amend RSA 21-K by inserting after section 22 the following new subdivision:

I. There is established a New Hampshire film and television commission within the department of cultural resources. 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.

(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. The members of the commission, all of whom, except for the commissioner of the department of resources and economic development or designee, shall be appointed by the commissioner of the department of cultural resources, shall be as follows:

(c) The commissioner of the department of cultural resources, or designee, and the commissioner of the department of resources and economic development, or designee, who shall serve as ex officio members of the commission.

IV. Except for the commissioner of cultural resources and the commissioner of resources and economic development or their designees, the term of office for the members shall be 3 years and until a successor is appointed. 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.

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

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

257:39 Repeal. RSA 12-A:41-a, relative to the New Hampshire film and television commission, is repealed.

257:40 Position Transferred from Department of Resources and Economic Development to Department of Cultural Resources; New Hampshire Film and Television Commission. Position number 41616, related to the New Hampshire film and television commission, is transferred from the department of resources and economic development to the department of cultural resources.

257:41 Appointments; Department of Education. RSA 21-N:3, I and II are repealed and reenacted to read as follows:

I. The governor, after consultation with the board of education, shall appoint the commissioner and the deputy commissioner of the department of education with the consent of council. Each shall serve for a term of 4 years. The commissioner and the deputy commissioner may succeed himself or herself, if reappointed. The commissioner and deputy commissioner shall be qualified to hold their positions by reason of education and experience.

II. The commissioner, after consultation with the board of education, shall nominate each division director for appointment by the governor and council. The division directors shall serve for a term of 4 years. They may succeed themselves, if reappointed. The directors shall be qualified to hold their respective positions by reason of education and experience.

257:42 Applicability. Section 41 of this act shall take effect upon the date of the expiration of each of the terms of the current commissioner, deputy commissioner, and division directors of the department of education.

257:43 New Paragraph; Major Capital Projects. Amend RSA 228:4 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding any other provision of law, the commissioner is authorized to use the design build method of contracting for any buildings that are part of capital projects. The capital budget overview committee shall approve all such plans prior to construction.

257:44 Reference Changes; Office of State Planning and Energy Programs Renamed Office of Energy and Planning. Amend the following RSA provisions by replacing “office of state planning and energy programs” with “office of energy and planning”: the chapter heading of RSA 4-C; RSA 4-C:1, I; 4-C:1, II; 4-C:2; 4-C:3; 4-C:4; 4-C:5, 4-C:6; 4-C:6-a; 4-C:7; the introductory paragraph of 4-C:8; 4-C:9; 4-C:9-a; 4-C:10; 4-C:19; 9-A:2; 9-A:4; 12-G:13; 12-K:2, V; 12-K:3, IV; 12-K:6; 12-K:8; 12-K:9; 17-M:2, V; 21-O:5-a, I(d); 21-O:7, I(b); 21-P:48, I(h); 36:45; 36:46; 36:47, III; 36-B:1; 78-A:25; 78-A:26, I(b); 125-G:2, VII; 125-G:3; 125-G:5, I; 125-G:16; 126-A:4, V(b); 147-B:4, III; 162-C:1, I; 162-H:3; 162-L:15, II(b); 162-L:19; 204-C:8, V; 216-J:2, I(g); 227-G:2, XII; 227-M:4, II(d); 216-A:3-c, V; 216-F:5, I; 217-A:3, XIII(d); 227-C:4, II; 227-E:3; 227-E:6; 233-A:2; 235:23, I; 238:20, I(d); 238:23; 261:153, V; 270:71, II; 374:22-j, XIII; 384-B:1, XI; 432:19; 483:8, II; 483:10, I; 483:10-a; 483-A:6, III; 483-A:7; 483-B:4, XVI(c); 483-B:5, I; 483-B:12, III; 483-B:16; 483-B:19; 485-A:4, IX; 485-C:3, III; 673:3-a; 674:3; 675:9.

257:45 Reference Changes; Office of State Planning and Energy Programs Renamed Office of Energy and Planning. Amend RSA 4-C:8, III to read as follows:

III. Provide computer interface capability among and between each regional planning commission, the office of [~~state~~] energy and planning [~~and energy programs~~], and state data collection and storage sources. The computer interface capability shall be used by regional planning commissions to respond to municipal requests for assistance in the preparation and amending of master plans and in the evaluation of municipal infrastructure needs. The computer interface capability shall also be used by regional planning commissions to develop and update regional master plans, as provided in RSA 36:47. The computer equipment used for the purposes of this paragraph shall be compatible and able to interface with the office of [~~state planning and energy program’s~~] energy and planning’s geographic information system, as well as with other similar state computerized data collection and storage sources.

I. Current documents, forms, or any other supplies with the name office of state planning and energy programs may be used by the office of energy and planning until exhausted.

II. After all documents, forms, or any other supplies with the name office of state planning and energy programs have been exhausted, the official name of the office shall be the office of energy and planning for the purposes of all correspondence and advertising.

257:47 Land Conservation Investment Program; Monitoring Endowment. Amend RSA 162-C:8, I to read as follows:

I. The monitoring endowment established by the board of directors pursuant to former RSA 221-A:5, III shall be maintained in perpetuity and any interest generated thereon shall be utilized by the council only for the purposes of monitoring and enforcing the property rights of persons with ownership interests in property acquired through the former land conservation investment program [~~and for the purposes of RSA 227-M:12~~]. Additional contributions to the endowment pursuant to RSA 227-M:12, I, and any interest generated thereon, shall be utilized only for the purposes of RSA 227-M:12, II. Additional gifts, donations, and grants to the endowment may be utilized for monitoring and enforcing other land conservation interests that may be acquired by the state of New Hampshire.

257:48 Police Officer; Definition. Amend RSA 100-A:1, VII-a (b) to read as follows:

(b) Any bingo or lucky 7 inspector, security officer appointed pursuant to RSA [~~135:41~~] 21-P:7-b, any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of resources and economic development; or

257:49 New Paragraph; Department of Safety; Duties of Commissioner. Amend RSA 21-P:4 by inserting after paragraph X the following new paragraph:

XI. Have the discretion to grant to security officers of the New Hampshire hospital security force such titles, ranks, and police powers as the commissioner deems necessary up to and including that of ex officio constables including the power of arrest for violations of the criminal and motor vehicle laws and the power to serve criminal process, and may limit such powers as deemed necessary. They shall have general police powers on the state office campus and New Hampshire hospital grounds and when in hot pursuit of a person who has committed a crime on the campus or escaped from the hospital, and when acting to transport a patient to or from the hospital, the court, or another mental health facility.

257:50 New Sections; Department of Safety; New Hampshire Hospital Security Force. Amend RSA 21-P by inserting after section 7-a the following new sections:

21-P:7-b New Hampshire Hospital Security Force. The commissioner of safety is authorized to organize a hospital security force for the purpose of patrolling the hospital’s buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus. The hospital security force shall be under the immediate control of and responsible to the commissioner of safety or his or her designee.

21-P:7-c Authority of Hospital Security Force Officers; Memorandum of Understanding; Funding.

I. All security officers of the hospital security force shall possess such police powers as are granted to them by the commissioner of safety pursuant to RSA 21-P:4, XI. All officers of the hospital security force hired after the effective date of this paragraph shall be required to meet the training standards required generally of police officers by the police standards and training council pursuant to RSA 188-F and in addition shall receive additional training in dealing with persons with mental illness as specified by the commissioner of safety after consultation with the superintendent of the New Hampshire hospital.

II. The commissioner of the department of health and human services shall enter into a memorandum of understanding with the commissioner of safety for the purposes of delineating the functions, duties, and responsibilities of the department of safety in regard to the provision of security and dispatch services to the New Hampshire hospital. The memorandum of understanding shall include, but not be limited to: responding to emergencies within New Hampshire hospital, maintaining the security of the hospital buildings, insuring the safety of patients, staff, and visitors, apprehending involuntarily committed persons who leave the hospital without authorization, accepting custody of involuntary admissions, transporting patients for medical, legal, and other purposes, investigating cases of abuse, neglect, sexual assault, and other criminal conduct, providing training, and conducting searches and seizures of contraband. In addition, the department of safety shall provide dispatch services including, but not limited to: monitoring hospital access between 8 p.m. and 8 a.m., operating and monitoring video security systems, receiving incoming communications, assessing the priority of the call and dispatching appropriate assistance, coordinating emergency preparedness procedures, receiving incoming fire calls and alarms, and operating the switchboard between 8 p.m. and 8 a.m. and at other times as needed.

III. Within the limits of funds budgeted for hospital security force positions, the department of health and human services shall maintain the funding for the hospital security force and pay the department of safety for providing these services.

257:51 Transfer of Functions, Positions, Equipment, Records, and Accounts; Rules Continued.

I. Notwithstanding any provision of law to the contrary, all of the functions, positions, powers, duties, and responsibilities of the department of health and human services, division of behavioral health, New Hampshire hospital security force used for the provision of security to the hospital’s building, roads, and grounds of the campus of the state office park south and providing for the general security on campus shall be transferred to the department of safety. The following personnel shall be transferred from the department of health and human services, division of behavioral health to the department of safety: position numbers: 15799, 30896, 15787, 16389, 30807, 15789, 15820, 15763, 15736, 30799, 15843, 15710, 15839. The transfer provided in this section shall include all of the equipment, books, papers, and records of the department of health and human services, division of behavioral health, New Hampshire hospital related to the above functions and authorized for use by the New Hampshire hospital security force.

II. All existing rules, statutory responsibilities, regulations, and procedures in effect, in operation, or adopted in or by the department of health and human services, division of behavioral health, New Hampshire hospital security force are transferred to the department of safety, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.

257:53 Report Required; Capitol Police Force. The commissioner of safety and the commissioner of health and human services shall report by December 1, 2004 to the speaker of the house of representatives and the senate president with a proposal for establishing a capitol police force. Such police force shall be responsible for the security of all state buildings in the city of Concord.

257:54 New Sections; General Administration of Regulatory Boards and Commissions; Certain Appeals; Expansions in Scope of Practice. Amend RSA 332-G by inserting after section 4 the following new sections:

332-G:5 Certain Appeals. Notwithstanding any other provision of law to the contrary, any person affected by the final decision of the electricians’ board, established under RSA 319-C:4, or the state board for the licensing and regulation of plumbers, established under RSA 329-A:3, may appeal such final decision to the state building code review board established under RSA 155-A:10.

332-G:6 Scope of Practice. Any expansion in the scope of practice of a profession regulated under this title shall be adopted by legislation and not by administrative rule.

257:55 New Section; State Building Code Review Board; Appeals of Decisions of the Electricians’ Board and the State Board for the Licensing and Regulation of Plumbers. Amend RSA 155-A by inserting after section 11 the following new section:

155-A:11-a Appeal of Decisions of the Electricians’ Board and the State Board for the Licensing and Regulation of Plumbers.

I. The board shall hear appeals of final decisions of the board established under RSA 319-C:4 and the board established under RSA 329-A:3.

II. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties and shall render a decision within 30 days of the conclusion of the hearing.

257:56 New Section; Appeals From Final Decisions of Electricians’ Board. Amend RSA 319-C by inserting after section 12-a the following new section:

319-C:12-b Appeals. Any person affected by a final decision of the board may appeal such final decision to the state building code review board, pursuant to RSA 155-A:11-a.

257:57 New Section; Appeals From Final Decisions of the State Board for the Licensing and Regulation of Plumbers. Amend RSA 329-A by inserting after section 12 the following new section:

329-A:12-a Appeals. Any person affected by a final decision of the board may appeal such final decision to the state building code review board, pursuant to RSA 155-A:11-a.

I. There is established a committee to study transferring the adjudicatory functions of occupational regulatory boards and commissions to an office of administrative adjudications.

(1) Three members of the house of representatives, appointed by the speaker of the house.

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

(a) Study the issue of creating an office of administrative adjudication to conduct all disciplinary proceedings currently conducted by occupational regulatory boards and commissions. This study shall include the analysis of the staffing and budget requirements of such an office, and the role, if any, of regulatory board members in any disciplinary action.

V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2004.

257:59 Contingent Renumbering. If HB 520-FN of the 2004 regular session becomes law, then RSA 284:12, VIII as inserted by section 4 of this act shall be renumbered as RSA 284:12, IX.

I. Sections 27, 32-35, and 53-58 of this act shall take effect upon its passage.

III. RSA 162-L:19, as amended by section 44 of this act, shall take effect July 16, 2004 at 12:01 a.m.

(Effective Date: I. Sections 27, 32-35, and 53-58 shall take effect June 15, 2004.

II. Sections 1-17 and 48-52 shall take effect January 1, 2005.

III. RSA 162-L:19, as amended by section 44 of this act, shall take effect July 16, 2004 at 12:01 a.m.

IV. Remainder shall take effect July 1, 2004.)