HB736: relative to duties of the fish and game commission and complaints against fish and game commissioners.

CHAPTER 70

HB 736 – FINAL VERSION

03/11/04 0679s

22Apr2004… 1330eba

2004 SESSION

03-0034

10/09

HOUSE BILL 736

AN ACT relative to duties of the fish and game commission and complaints against fish and game commissioners.

SPONSORS: Rep. Mock, Carr 4; Sen. Clegg, Dist 14; Sen. Gallus, Dist 1

COMMITTEE: Fish and Game

ANALYSIS

This bill specifies certain duties of the fish and game commission and establishes a complaint and discipline procedure for prohibited acts by fish and game commissioners.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/04 0679s

22Apr2004… 1330eba

03-0034

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to duties of the fish and game commission and complaints against fish and game commissioners.

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

70:1 New Sections; Fish and Game Commission; Duties; Prohibited Acts; Complaint. Amend RSA 206 by inserting after section 4 the following new sections:

206:4-a Duties. In addition to other duties provided by law, it shall be the duty of the fish and game commissioners, as the citizens’ representatives, to be the stewards of the fish, wildlife, and marine resources of the state of New Hampshire and to set general policy in the following areas:

I. Conservation, protection, and management of wildlife populations and habitats, the collection of necessary scientific information, and the enforcement of fish and game laws for the purpose of sustaining healthy populations of fish, wildlife, and marine resources;

II. Development, funding, and implementation of a long-range strategic plan to direct the operation of the fish and game department;

III. Acquisition, development, and maintenance of public access to lands and waters for recreational use consistent with New Hampshire law;

IV. Public education and building support for department programs and objectives; and

V. Establishment of positions on proposed legislation that affects fish, wildlife, and marine resources and the overall management of the fish and game department.

206:4-b Prohibited Acts; Complaint.

I. No member of the fish and game commission may be engaged or involved in any personnel matters of the department, including the hiring, disciplining, firing, promoting, evaluating, transferring, and any other matters associated with the classified employees of the department.

II. If a complaint is made by any person against a commissioner for violation of paragraph I, the complaint shall be filed with the chair. If the complaint is against the chair, it shall be filed with the vice-chair. The commission shall hold a hearing on the complaint. All hearings, deliberations, and votes by the commission under this paragraph shall be made with a quorum of members present and shall be in public session, provided that the member who is the subject of the complaint shall not participate. Upon a finding of a violation of paragraph I, the commission shall make a recommendation to governor and council for appropriate disciplinary action. The commission may also, upon a determination that a violation does not rise to a level requiring such a recommendation to governor and council, issue a public reprimand detailing the commission’s findings.

III. Nothing in this section shall prohibit a commissioner from forwarding a citizen complaint or commendation relative to a classified employee to the executive director and the chairman of the commission.

70:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 7, 2004)

(Effective Date: July 6, 2004)