hb 0606

CHAPTER 136

HB 606-FN - FINAL VERSION

AN ACT relative to the Christa McAuliffe planetarium.

SPONSORS: Rep. Gilmore, Straf 11; Rep. Reid, Straf 12; Sen. Fernald, Dist 11; Sen. O'Hearn, Dist 12

This bill removes the Christa McAuliffe planetarium from the regional community technical college system, establishes the Alan B. Shepard discovery center, establishes the planetarium commission as a separate commission, and grants the commission authority to delegate certain administrative duties.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

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

188-F:2 Department Established. There shall be a department of regional community-technical colleges which shall be governed by a board of trustees. The department shall be a state agency and shall consist of the office of the commissioner; the New Hampshire regional community-technical institute and colleges including, but not limited to, campuses in Berlin, Claremont, Concord, Laconia, Manchester, Nashua, Stratham, and associated off-campus programs; and the police standards and training council [~~; and the Christa McAuliffe Planetarium~~].

136:2 New Chapter; Christa McAuliffe Planetarium. Amend RSA by inserting after chapter 12-K the following new chapter:

II. "Touch the Future" means the non-profit corporation organized to promote the welfare of the planetarium and to assist the planetarium director and the commission.

III. "Planetarium" means the Christa McAuliffe planetarium and the Alan B. Shepard discovery center.

12-L:2 Declaration of Purpose. The Christa McAuliffe planetarium is the official state memorial for Sharon Christa McAuliffe, the Concord, New Hampshire social studies teacher who was chosen to be America's first teacher in space. The Alan B. Shepard discovery center is the official state memorial for Alan B. Shepard, the Derry, New Hampshire native who was the first American in space. The planetarium's mission is to educate, incite, and entertain learners of all ages in the sciences and humanities by actively engaging them in the exploration of astronomy and space science.

12-L:3 Commission Established. There is hereby established a Christa McAuliffe planetarium commission which shall be responsible for the management and operation of the planetarium in Concord including the Alan B. Shepard discovery center, and the buildings and grounds related thereto.

12-L:4 Commission Members; Appointment; Terms. The members of the commission shall be appointed as follows:

I. Two members of the house of representatives, appointed by the speaker of the house.

III. Six members from the private sector representing business and the not-for-profit community, appointed by the governor with the consent of council for a term of 3 years.

IV. Two members representing the education community, appointed by the governor with the consent of council for a term of 3 years

V. The commissioner of cultural resources and the president of the New Hampshire technical institute shall serve as ex officio members of the commission with voting rights.

12-L:5 Offices and Compensation. The commission shall annually elect one of its members as chairperson, one as vice chairperson, one as secretary, and one as treasurer. The members of the commission shall receive no compensation for their services; however, legislative members shall be paid mileage at the legislative rate and other reasonable expenses incurred by the members of the commission in the performance of their duties shall be paid from available commission funds.

12-L:6 Administrative Attachment. The commission shall be administratively attached to the office of the commissioner, department of regional community-technical colleges.

(a) Supervise the design and program of the planetarium as authorized by the general court in a manner consistent with the intent of the project. All construction shall be undertaken under the provisions of RSA 228 and all contracts shall receive final approval by the governor and council.

(b) Oversee the administration of the planetarium and ensure that its mission is achieved.

(c) Cooperate and consult with the director of the planetarium concerning the daily operation of the planetarium, as well as integrated educational programs.

(d) Authorize the director of the planetarium to enter into contracts which are necessary for the administration of its authority pursuant to this chapter. All contracts, agreements, procurement, personnel, and operations shall be subject to the same requirements as all state agencies; provided, however, that any specialized planetarium program or equipment for which the estimated cost is funded from gifts, grants, or donations to the planetarium fund shall be exempt from competitive bidding requirements.

(e) Notwithstanding any other provisions of law, authorize the director of the planetarium to sell, lease, or trade specialized planetarium programs or equipment subject to the approval of the commissioner of administrative services. Proceeds from such transactions shall be used to support the operations of the planetarium.

(f) Delegate responsibilities for fund raising to Touch the Future, as the commission deems appropriate.

(a) Set and collect all fees generated by the planetarium, such fees to be used by the commission in its duties and for its expenses. Reasonable fees may be set by the commission without regard to RSA 541-A. The commission's accounts shall be subject to annual audit by the office of the legislative budget assistant.

(3) Rights and responsibilities of schools utilizing planetarium programs and services.

12-L:8 Director; Staff. The commission shall employ a director of the planetarium and such staff as may be necessary to perform the duties assigned by the commission. The director shall be nominated by the commission and confirmed by the governor and council, and shall serve at the pleasure of the commission. The director shall be an unclassified employee whose salary shall be established under RSA 94:1-a. All other employees under this section shall be classified employees.

12-L:9 Gifts; Grants; Donations. Notwithstanding any other provision of law, the commission is authorized to institute promotional programs to solicit and receive gifts, grants, or donations, of any kind, made for the development or operation of the planetarium. The commission may accept gifts of money and property, other than real property, for use in institutional programs without the approval of the governor and council. All monetary grants, gifts, or donations shall be deposited in the Christa McAuliffe planetarium fund. Authority of the commission granted by this paragraph may be delegated to Touch the Future as the commission deems appropriate. Such delegation shall be reviewed from time to time and the commission shall have the authority to revoke or limit any such delegation.

I. There is hereby established in the office of the state treasurer a fund to be known as the Christa McAuliffe planetarium fund which shall be kept separate and distinct from all other funds. All fees received by the commission pursuant to RSA 12-L:7 and all monetary gifts, grants, and donations pursuant to RSA 12-L:9 shall be deposited in such fund. The fund is established to pay for the operational expenses of the planetarium and the planetarium commission. The moneys in this fund shall be nonlapsing and shall be continually appropriated to the commission.

II. Nothing in this section shall be construed to prohibit the commission from establishing an endowment fund.

12-L:11 Transfer of Funds. The commission may transfer funds between and among line items within the planetarium budget regardless of funding source or funding mix, except that such authority shall not apply to the use of donor designated funds.

12-L:12 Gift Store. The planetarium may operate a gift store in conjunction with and in support of its mission. Revenues from the sale of store inventory shall be used for inventory replacement. Any inventory replacement that is totally funded by revenues from the gift store shall be exempt from competitive bidding requirements. Revenues from sales which exceed the cost of inventory replacement shall be used for planetarium operations.

136:3 Administrative Rules Transition. Administrative rules adopted prior to the effective date of this act, pursuant to RSA 188-F:62, VII, shall remain in effect until amended, replaced, or repealed through adoption of rules by the commission pursuant to RSA 12-L:7, II(b) as inserted by this act.

136:4 Repeal. RSA 188-F:57-67, relative to the Christa McAuliffe planetarium commission, is repealed.