TITLE XXIII
LABOR

Chapter 275-C
GOVERNOR'S COMMISSION ON DISABILITY

General Provisions

Section 275-C:1

275-C:1 Definitions. –
As used in this chapter:
I. "Commission" means the governor's commission on disability.
II. "Person with a disability" means one who has a physical or mental impairment that substantially limits one of more of the major life activities of such individual, a record of such an impairment, or is regarded as having such an impairment.

Source. 1977, 545:1. 1990, 140:1, 2, II, eff. June 18, 1990. 2018, 79:1, eff. May 25, 2018.

Section 275-C:2

275-C:2 Commission Established; Membership; Terms. – There is hereby established the governor's commission on disability which shall consist of up to 30 members appointed by the governor. Commission members shall consist of persons with a disability, family members or parents or guardians of persons with a disability, persons from the general public, or members of organizations who provide services for persons with a disability. Each member of the commission shall serve without compensation. Each member of the commission shall serve for a 6-year term. The governor shall appoint a chairman of the commission from among the members. Any member appointed by the governor after the effective date of this section, excluding reappointed members, shall serve for a 3-year term and for no more than 2 consecutive 3-year terms. A quorum shall consist of a simple majority of members appointed.

Source. 1977, 545:1. 1990, 140:1, 2, I, III, eff. June 18, 1990. 2018, 79:2, eff. May 25, 2018.

Section 275-C:3

275-C:3 Ex Officio Members. – The following, or their designees, shall serve as ex officio members without a vote on the commission: (1) the commissioner of health and human services, (2) the administrator of the bureau of vocational rehabilitation, department of education, (3) the supervisor of blind services, bureau of vocational rehabilitation, department of education, (4) the commissioner of labor, (5) the commissioner of the department of employment security, and (6) a member of the state board of education designated by the governor.

Source. 1977, 545:1. 1985, 207:3. 1994, 379:17. 1995, 310:153, eff. Nov. 1, 1995.

Section 275-C:4

275-C:4 Executive Director; Staff. – The commission shall select an executive director of the commission by a vote of a majority of all voting commission members. The executive director shall be in the unclassified service of the state with an annual salary as shall be prescribed by RSA 94 and shall act as secretary to the commission and shall perform such other duties as the commission may require of him. The commission shall approve employment of such clerical help and other employees as are necessary, upon the recommendation of the executive director.

Source. 1977, 545:1. 1979, 434:33, I. 1985, 207:4, eff. May 31, 1985.

Section 275-C:5

275-C:5 Organization of Commission. – The commission shall organize itself in conformity with its responsibilities under this chapter and shall establish committees to address issues which affect persons with a disability. The members of such committees shall be designated by the chairman, with the approval of a majority of the commission.

Source. 1977, 545:1. 1985, 207:5. 1990, 140:2, I, eff. June 18, 1990.

Section 275-C:6

275-C:6 Duties and Powers. –
The commission shall have the following duties and powers:
I. To advise the governor, appropriate state agencies, and the public on matters pertaining to public policy and the administration of programs, services and facilities for persons with a disability in New Hampshire;
II. To encourage the development of coordinated, interdepartmental goals and objectives and the coordination of programs, services and facilities among all state departments and private providers of service as they relate to persons with a disability;
III. To serve as a source of information to the public regarding all services to persons with a disability;
IV. To review and make comment to the governor, state agencies, the legislature, and the public concerning adequacy of state programs, plans and budgets for services to persons with a disability and for funding under the various federal grant programs;
V. To research, formulate and advocate plans, programs and policies which will serve the needs of persons with a disability, which may include an assessment of the needs of persons with disabilities, a census of services provided by public and private organizations, identification of unfilled needs, long term goals, short term objectives, action plans to meet objectives and measures of performance. The commission shall be guided by the goal of formulating an integrated, comprehensive, statewide plan to address the needs of persons with a disability;
VI. To make annual reports to the governor on the activities of the commission.
VII. To design, produce, and issue special registration tags and certificates for permanent service animal registration and licensing.
VIII. To adopt rules, pursuant to RSA 541-A, relative to:
(a) The application procedure for waiver requests.
(b) Information required on an application for waiver request.
(c) The fee for an application for waiver request.
(d) Other matters related to the administration of applications for waiver requests.

Source. 1977, 545:1. 1985, 207:6. 1990, 140:2, I, III, eff. June 18, 1990. 2012, 211:3, eff. Aug. 12, 2012. 2015, 276:265, eff. July 1, 2015.

Section 275-C:7

275-C:7 Meetings; Removal. – The commission shall meet at least once every 3 months to conduct its business and give direction to the activities of the executive director and staff. Members of the commission may be removed by the governor for cause.

Source. 1977, 545:1, eff. Sept. 13, 1977.

Section 275-C:8

275-C:8 Gifts, Grants, or Donations. – The commission is authorized to receive any gifts, grants, or donations made for any of the purposes of its program and to disburse and administer the same in accordance with the terms thereof.

Source. 1977, 545:1, eff. Sept. 13, 1977.

Section 275-C:8-a

275-C:8-a NFB-Newsline; Funding. – Beginning July 1, 2017, and in each fiscal year thereafter, the sum of $31,500 is hereby appropriated to the governor's commission on disability for the purpose of funding the National Federation of the Blind's "NFB-Newsline," an information and news service that provides individuals who are otherwise unable to read newsprint with access to existing newspapers and other printed materials. Said funds shall be a charge against the telecommunications relay service trust fund established by the public utilities commission.

Source. 2007, 263:72, eff. July 1, 2007. 2017, 156:131, eff. July 1, 2017. 2018, 79:3, eff. May 25, 2018.

Section 275-C:9

275-C:9 Display of Wheelchair Symbol on Buildings. –
I. In this section:
(a) "Wheelchair symbol" means the wheelchair symbol adopted by the Rehabilitation International's World Congress in 1969.
(b) "Accessible building" means a building which, in the determination of the governor's commission on disability, is accessible to elderly persons and persons with disabilities.
II. Any person owning an accessible building may appropriately display the wheelchair symbol to identify such accessibility.
III. No person may display the wheelchair symbol on any building which is not an accessible building.
IV. The governor's commission on disability shall obtain a supply of wheelchair symbols and shall issue wheelchair symbols to any person who applies for them and who owns an accessible building.

Source. 1977, 372:1. 1990, 140:1, 2, IX, eff. June 18, 1990.

Committee on Architectural Barrier-Free Design

Section 275-C:10

275-C:10 Definitions. –
As used in this subdivision:
I. "Architectural barriers" mean physical attributes of buildings and facilities which by their presence, absence, or design present unsafe conditions or deter access and free mobility for persons with disabilities in and around buildings and facilities.
II. "Buildings and facilities" means all buildings, facilities, appurtenant grounds and curbs which are used or to be used by the public and the cost of the construction, rehabilitation, or substantial remodeling of which is to be paid for, in whole or in part, by federal, state, county or municipal funds.
III. "Person with a disability" means one who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or is regarded as having such an impairment.

Source. 1977, 269:1. 1990, 140:2, III, X, eff. June 18, 1990. 2018, 79:4, eff. May 25, 2018.

Section 275-C:11

275-C:11 Permanent Committee for Barrier-Free Design Established. – There is hereby established a permanent committee of the commission, to be known as the committee on architectural barrier-free design. Such committee shall be appointed by the chairman of the commission, with the approval of the commission and shall consist of up to 11 members, a majority of whom shall be persons with a disability who have demonstrated an understanding of and commitment to architectural barrier-free design. One member may be a representative of the interests of the building trades and one member may be an engineer or architect.

Source. 1977, 269:1; 545:5. 1985, 207:8. 1990, 140:2, I. 1992, 50:1, eff. June 12, 1992. 2018, 79:5, eff. May 25, 2018.

Section 275-C:12

275-C:12 Bylaws. – The permanent committee on architectural barrier-free design shall meet as soon as possible after appointment and elect one of its appointed members as chairman who shall serve for a 2-year term and for no more than 2 consecutive 2-year terms. The committee shall meet not less than 6 times annually, and at such other times as may be designated by the chairman. Appointed members shall serve for a 2-year term and for no more than 2 consecutive 2-year terms. A quorum shall consist of a simple majority of members appointed. The members and the chairman shall receive no compensation for their services, but may be reimbursed for necessary expenses out of any funds available to the governor's commission on disability for said purposes. Members of the committee may be dismissed by the governor for cause.

Source. 1977, 269:1. 1985, 207:10. 1990, 140:1, eff. June 18, 1990. 2018, 79:5, eff. May 25, 2018.

Section 275-C:13

275-C:13 Staff and Consultants. – The committee may utilize the staff of the governor's commission on disability and personnel from any other agency or department, with the consent of the executive director of such agency or department, to enable it to discharge its responsibilities and powers under this chapter.

Source. 1977, 269:1. 1985, 207:10. 1990, 140:1, eff. June 18, 1990.

Section 275-C:14

275-C:14 Duties. –
The committee on architectural barrier-free design, in furthering the purposes of this subdivision to ensure that buildings and facilities are accessible to and functional for persons with disabilities through the elimination of architectural barriers, shall:
I. Establish, publish, and enforce a code for barrier-free design, covering all buildings and facilities whose construction, rehabilitation, or substantial remodeling begins at any time after a reasonable time following promulgation of the code, which shall be at least as restrictive as the American National Standards Institute Specifications, as modified, and which shall be regularly amended so as to reflect technological advances, research evidence, and the changing needs of persons with a disability.
II. Adopt such rules under RSA 541-A as may be necessary to enforce the provisions of this subdivision and the code for barrier-free design.
III. Hold public hearings prior to the adoption of any rules by the committee in accordance with RSA 541-A.

Source. 1977, 269:1. 1985, 207:9, 10. 1990, 140:2, I, III, eff. June 18, 1990.

Section 275-C:15

275-C:15 Powers. –
The committee on architectural barrier-free design shall:
I. Conduct studies, hold hearings, administer oaths, issue subpoenas, publish reports, and recommend legislation to implement this subdivision;
II. Receive, process, and review complaints from any person alleging a violation of the code;
III. Issue cease-and-desist orders that enjoin an owner, an owner's agent, or a lessee-in-possession from further construction or use of buildings and facilities, until compliance with the code for barrier-free design. To compel obedience to such orders, the committee on architectural barrier-free design shall petition the superior court for the county in which the party sought to be enjoined is principally located. Upon satisfying itself that the order of the committee was within its jurisdiction to issue and that there is substantial evidence on the record considered as a whole to support the finding of the committee, the superior court shall issue its order.
IV. Except as provided in paragraph V, grant waivers to an owner, an owner's agent or a lessee-in-possession, pertaining only to places of public accommodation provided for in RSA 155:39-a, from specific requirements of the code for barrier-free design where, upon a clear and convincing showing, a compelling public interest is deemed to outweigh the state's interest in removing architectural barriers.
V. With respect to construction projects subject to the provisions of RSA 155:39-d, grant waivers to an owner, an owner's agent or a lessee-in-possession from specific requirements of the code for barrier-free design upon good cause shown.
VI. Charge a nonrefundable fee for any application for waiver request submitted under paragraph IV or V, which shall be payable to the governor's commission on disability. Each application for waiver request shall contain no more than 2 items to be reviewed for waiver. All fees shall be paid in advance with the application for waiver request. Any building or facility, as defined in RSA 275-C:10 II, shall not be subject to an application fee but shall file an application for waiver request as provided in this section.

Source. 1977, 269:1. 1979, 75:3. 1985, 207:10. 1990, 170:2, 3, eff. July 1, 1990. 2015, 276:264, 266, eff. July 1, 2015.

Section 275-C:16

275-C:16 Official Noncompliance. – It shall be unlawful for any state or local authority who reviews building plans prior to their approval for construction or for any building inspector to knowingly and willingly approve the construction or opening of any building or facility which is not in compliance with the code of barrier-free design, unless such building or facility had received a valid waiver from the committee on architectural barrier-free design.

Source. 1977, 269:1. 1985, 207:10, eff. May 31, 1985.

Section 275-C:17

275-C:17 Penalty. – Notwithstanding RSA Title LXII, failure to comply with any provision of this subdivision or any rule or regulation issued thereunder shall be punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not more than 30 days, or both.

Source. 1977, 269:1, eff. Aug. 21, 1977.

Section 275-C:18

275-C:18 Severability. – If any provision of this subdivision or the application of such provision to any person or circumstances is held invalid the remainder of this subdivision or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.