CHAPTER 18

SB 254 – FINAL VERSION

02/13/14 0406s

04/17/14 1493EBA

2014 SESSION

14-2680

05/03

SENATE BILL 254

AN ACT relative to the governor’s commission on alcohol and drug abuse prevention, intervention, and treatment.

SPONSORS: Sen. Watters, Dist 4; Sen. Forrester, Dist 2; Rep. Ford, Graf 3; Rep. Cooney, Graf 8; Rep. Gargasz, Hills 27; Rep. Suzanne Smith, Graf 8

COMMITTEE: Health, Education and Human Services

ANALYSIS

This bill changes the name of the commission to the governor’s commission on alcohol and drug abuse prevention, treatment, and recovery. The bill also revises the membership and duties of the commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/13/14 0406s

04/17/14 1493EBA

14-2680

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the governor’s commission on alcohol and drug abuse prevention, intervention, and treatment.

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

18:1 Governor’s Commission on Alcohol and Drug Abuse Prevention, Treatment, and Recovery. Amend the chapter heading of RSA 12-J to read as follows:

CHAPTER 12-J

GOVERNOR’S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION,

[INTERVENTION, AND] TREATMENT, AND RECOVERY

18:2 Governor’s Commission on Alcohol and Drug Abuse Prevention; Membership and Duties. Amend RSA 12-J:1-4 to read as follows:

12-J:1 Commission Established; Membership; Terms. There is hereby established a commission which shall serve in an advisory capacity to the governor regarding the delivery of effective and coordinated alcohol and drug abuse prevention, [intervention, and] treatment, and recovery services throughout the state. The commission shall consist of the following members:

I. [Six] Seven public members, appointed by the governor and council, 2 of whom shall be professionals knowledgeable about alcohol and drug abuse prevention; 2 of whom shall be professionals knowledgeable about alcohol and drug abuse treatment[, and]; 2 of whom shall be public members who are not professionals within the alcohol and drug addiction prevention and treatment system; and a member in long-term recovery. The members appointed pursuant to this paragraph shall serve 3-year terms; provided that initially 2 members shall serve for one year, 2 members shall serve for 2 years, and 2 members shall serve for 3 years.

II. Two members of the house of representatives, appointed by the speaker of the house of representatives, and 2 members of the senate, appointed by the president of the senate. The term of the legislative members of the commission shall be for the biennium and shall be coterminous with membership in the general court. Legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.

III.(a)(1) The attorney general, or designee.

(2) The adjutant general, or designee.

(3) The administrative judge of the [district courts] circuit court, or designee.

(4) The chairperson of the liquor commission, or designee.

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

(6) The director of juvenile justice services, department of health and human services, or designee.

(7) The commissioner of the department of education, or designee.

(8) The commissioner of the department of corrections, or designee.

(9) The commissioner of the department of safety, or designee.

(10) The director of the office of alcohol and drug policy, department of health and human services, or designee.

(11) The commissioner of the department of insurance, or designee.

(b) The members under this paragraph shall serve terms coterminous with their terms in office.

IV.(a)(1) A representative of the Business and Industry Association of New Hampshire, appointed by the association.

(2) A representative of the New Hampshire Medical Society, appointed by the society.

(3) The chancellor of the community college system of New Hampshire, or designee.

(4) The chairman of the New Hampshire Suicide Prevention Council.

(5) A representative of the New Hampshire Nurses’ Association, appointed by the association.

(6) A representative of the New Hampshire Charitable Foundation, appointed by the foundation.

(b) The members under this paragraph shall serve 3-year terms.

12-J:2 Organization of Commission; Task Forces; Staffing.

I. The governor and council shall designate a member of the commission to serve as chairperson. The executive director of the commission shall be the director of the appropriate division responsible for alcohol and drug abuse prevention and recovery, who shall serve without additional compensation. Twelve members of the commission shall constitute a quorum.

II.(a) To assist the commission in the performance of its duties, the chairperson shall create task forces. The chairperson shall initially create task forces to address the following issues:

(1) Prevention.

(2) [Intervention and] Treatment.

(3) [Public awareness/education and public and private funding sources] Recovery.

(4) Program monitoring and evaluation.

[(5) Other special projects and programs.]

(b) To assist the commission in the performance of its duties, the chairperson may create additional task forces.

(c) The commission chairperson shall appoint at least [2] one commission [members] member to serve on each task force [and shall designate a] as chairperson [for each task force].

[(c)] (d) Based upon recommendations from each task force, the commission chairperson may appoint [as many as 8 individuals] non-commission members to serve as adjunct members of each task force for a term of one year. In appointing adjunct members, the chairperson shall ensure that youth have the opportunity to participate directly in the work of appropriate task forces.

[(d)] (e) Each task force shall:

(1) Develop a mission statement, including its goals and objectives.

(2) Report to the commission on a regular basis concerning available programs, funding, and unmet needs.

(3) Identify program areas where improved coordination is needed.

II-a. The chairperson shall create a budget task force comprised of the individuals listed in RSA 12-J:1, III(a) to recommend budget policy priorities to the commission regarding the allocation of funding alcohol and drug prevention, treatment, and recovery services across state agencies and throughout the state.

III. All executive branch departments shall provide administrative support to the commission. The executive director of the commission shall direct and coordinate the administrative support to the commission.

IV. All executive branch departments shall respond promptly to written requests from the commission for information concerning the alcohol and drug abuse prevention, [intervention, and] treatment, and recovery programs and services provided by them and the costs and funding sources for such programs and services.

12-J:3 Duties. The duties of the commission shall be to:

I. [Collaborate with the department of health and human services to] develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and drug abuse, particularly among youth, and a comprehensive system of [intervention and] treatment and recovery services for individuals and families affected by alcohol and drug abuse. The statewide plan shall:

(a) Identify the causes, the nature and scope, and the impact of alcohol and drug abuse in New Hampshire.

(b) Identify and prioritize unmet needs for prevention, [intervention, and] treatment, and recovery services.

(c) Recommend initiatives to reduce the incidence of alcohol and drug abuse in New Hampshire.

(d) Identify and quantify public and private resources available to support alcohol and drug abuse prevention, [intervention and] treatment, and recovery.

(e) Specify additional resources necessary to address unmet needs for prevention, [intervention, and] treatment, and recovery.

(f) Specify evaluation and monitoring methodology.

II. Promote collaboration between and among state agencies and communities to foster the development of effective community-based alcohol and drug abuse prevention programs.

III. Promote the development of treatment services to meet the needs of citizens addicted to alcohol or other drugs.

III-a. Promote the development of recovery services to meet the needs of citizens in recovery from alcohol and other drug misuse.

IV. Identify unmet needs and the resources required to reduce the incidence of alcohol and drug abuse in New Hampshire and to make recommendations to the governor regarding legislation and funding to address such needs.

V. Authorize the disbursement of moneys from the alcohol abuse prevention and treatment fund, pursuant to RSA 176-A:1, III.

12-J:4 Meetings and Reports.

I. The commission shall meet at least 4 times each year and may convene public hearings as necessary to promote the goals of the commission.

II. The commission shall submit an annual report to the governor, speaker of the house of representatives, and president of the senate by [November] December 1 of each year regarding the activities of the commission. The first annual report shall be due November 1, 2008. The annual report shall:

(a) Identify alcohol and drug abuse prevention, [intervention, and] treatment, and recovery services and programs provided by state departments and agencies or funded in whole or in part by state or federal funds;

(b) Indicate the progress made during the prior year toward the implementation of the statewide plan developed by the commission pursuant to RSA 12-J:3, I;

(c) Recommend any revisions to the statewide plan developed pursuant to RSA 12-J:3, I;

(d) Identify and prioritize unmet needs for prevention, [intervention, and] treatment, and recovery;

(e) Indicate the progress, or lack thereof, in addressing the unmet needs;

(f) Recommend initiatives to address the unmet needs;

(g) Specify the resources and any legislation necessary to support existing programs for prevention, [intervention, and] treatment, and recovery and to develop, implement, support, and evaluate the initiatives recommended by the commission; and

(h) In even-numbered years the report may include specific recommendations for funds to be included in the next state biennial budget to support alcohol and drug abuse prevention, [intervention, and] treatment, and recovery services and programs.

III. To assist the commission in the timely completion of its annual report, each commission member that is an executive branch department or entity shall provide the information specified in paragraph II for its department or entity to the commission on or before September 1 of each year.

18:3 Alcohol Abuse Prevention and Treatment Fund. Amend RSA 176-A:1, III to read as follows:

III. Moneys shall be disbursed from the fund upon the authorization of the governor’s commission on alcohol and drug abuse prevention, [intervention, and] treatment, and recovery established pursuant to RSA 12-J:1. Funds disbursed shall be used for alcohol and other drug abuse prevention, [intervention, and] treatment, and recovery services, and other purposes related to the duties of the commission under RSA 12-J:3.

18:4 Controlled Drug Prescription Health and Safety Program; Advisory Council. Amend RSA 318-B:38, I(l) to read as follows:

(l) Two public members appointed by the governor’s commission on alcohol and drug abuse prevention, [intervention, and] treatment, and recovery, one of whom may be a member of the commission.

18:5 Interbranch Criminal and Juvenile Justice Council. Amend RSA 651-E:2, I(w) to read as follows:

(w) The chairperson of the governor’s commission on alcohol and drug abuse prevention, [intervention, and] treatment [services], and recovery, or designee.

18:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 23, 2014

Effective Date: July 22, 2014