hb 0337

CHAPTER 237

HB 337-FN - FINAL VERSION

AN ACT relative to the administration of the public utilities commission, establishing the position of executive director of the public utilities commission, and relative to the position of assistant commissioner of the department of corrections.

SPONSORS: Rep. Thomas, Belk 3

I. Establishes the unclassified position of executive director of the public utilities commission.

II. Increases the salary grade for the general counsel of the public utilities commission.

III. Permits the public utilities commission to exempt water companies with less than 75 consumers.

IV. Reduces the public utilities commission future employment prohibition from 2 years to one year.

V. Provides that a hearing shall not be required prior to alteration of an order made by the public utilities commission pursuant to a provision of law not requiring a hearing.

VI. Repeals the requirement that the public utilities commission approve the tearing up or removal of railroad lines.

VII. Converts the position of assistant commissioner of corrections to an unclassified position, establishes a salary for this position, and provides that under certain circumstances, the assistant commissioner shall be classified as a permanent policeman in the retirement system.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

237:1 Compensation of Certain State Officers; Salaries Established; Executive Director and General Counsel of Public Utilities Commission. Amend RSA 94:1-a, I by:

237:2 Water Companies, When Utilities; Exemption by Commission. Amend RSA 362:4, I to read as follows:

I. Every [~~such~~] corporation, company, association, joint stock association, partnership, or person shall be deemed to be a public utility by reason of the ownership or operation of any water or sewage disposal system or part thereof. If the whole of such water or sewage disposal system shall supply a less number of consumers than [10] 75, each family, tenement, store, or other establishment being considered a single consumer, the commission may exempt any such water or sewer company from any and all provisions of this title whenever the commission may find such exemption consistent with the public good.

237:3 Public Utilities Commission; Prohibition on Future Employment. Amend RSA 363:12-b to read as follows:

363:12-b Prohibition on Future Employment. No commissioner, executive director, finance director, general counsel, [~~ombudsman~~] or chief engineer of the commission shall accept any employment with any utility under the control of the commission until [~~2 years~~] one year after he or she shall become separated from the commission.

237:4 Public Utilities Commission; Staff, Separation of Functions; Executive Director and General Counsel. Amend RSA 363:27, III to read as follows:

III. EXECUTIVE DIRECTOR AND GENERAL COUNSEL. The commission shall appoint an executive director and a general counsel, [~~who~~] each of whom shall serve for a term of 4 years and until a successor is appointed and qualified.

237:5 Proceedings Before the Public Utilities Commission; Altering Orders. Amend RSA 365:28 to read as follows:

365:28 Altering Orders. At any time after the making and entry thereof, the commission may, after notice and hearing, alter, amend, suspend, annul, set aside, or otherwise modify any order made by it. This hearing shall not be required when any prior order made by the commission was made under a provision of law that did not require a hearing and a hearing was, in fact, not held.

237:6 Applicability; Term of Executive Director. The executive director of the public utilities commission on the effective date of this act shall become the unclassified executive director of the public utilities commission, with a term to expire on June 30, 2005.

237:7 Repeal. RSA 365:24-a, relative to approval of the public utilities commission for the tearing up and removal of railroad lines, is repealed.

237:8 Department of Corrections; Section Heading Amended. Amend the section heading in RSA 21-H:6 to read as follows:

21-H:6 Commissioner, Assistant Commissioner, and Division Directors; Appointment; Term.

237:9 New Paragraph; Department of Corrections; Assistant Commissioner. Amend RSA 21-H:6 by inserting after paragraph I the following new paragraph:

I-a. The commissioner of the department shall nominate for appointment of the governor, with the consent of the council, an assistant commissioner who shall serve at the pleasure of the commissioner.

237:10 Department of Corrections; Assistant Commissioner; Qualifications. Amend RSA 21-H:7, I to read as follows:

I. The commissioner and assistant commissioner of the department shall be qualified to hold [~~that position~~] such positions by reason of education and experience.

237:11 Department of Corrections; Assistant Commissioner; Compensation. Amend RSA 21-H:7, III to read as follows:

III. The salaries of the commissioner, assistant commissioner, and the division directors of the department shall be as specified in RSA 94:1-a.

237:12 Compensation of Certain State Officers; Assistant Commissioner, Department of Corrections Added. Amend RSA 94:1-a, I by:

237:13 New Section; Department of Corrections; Assistant Commissioner; Status in Retirement System. Amend RSA 21-H by inserting after section 8 the following new section:

21-H:8-a Assistant Commissioner; Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner of the department of corrections shall be considered a permanent policeman if the assistant commissioner was a permanent police member of group II for at least 10 years prior to appointment as assistant commissioner, and continues to be certified as a police officer under RSA 188-F:26 and 188-F:27.