SB432: establishing a division of emergency services, communications, and management, a division of fire standards and training and emergency medical services, and a division of fire safety in the department of safety.

CHAPTER 171

SB 432-FN – FINAL VERSION

02/19/04 0441s

15Apr2004… 0987h

05/06/04 1543eba

2004 SESSION

04-3093

05/10

SENATE BILL 432-FN

AN ACT establishing a division of emergency services, communications, and management, a division of fire standards and training and emergency medical services, and a division of fire safety in the department of safety.

SPONSORS: Sen. Clegg, Dist 14; Sen. Green, Dist 6; Sen. D’Allesandro, Dist 20; Sen. Gallus, Dist 1; Sen. Odell, Dist 8; Rep. Welch, Rock 79; Rep. Tholl, Coos 2

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a division of emergency services, communications, and management within the department of safety, consisting of a bureau of emergency communications and a bureau of emergency management. The division previously known as the division of fire safety and emergency management shall be known as the division of fire safety.

The bill also combines the division of fire standards and training and the division of emergency medical services.

This bill is a request of the department of safety.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/04 0441s

15Apr2004… 0987h

05/06/04 1543eba

04-3093

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT establishing a division of emergency services, communications, and management, a division of fire standards and training and emergency medical services, and a division of fire safety in the department of safety.

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

171:1 Subdivision Heading; Name Change from Bureau of Emergency Management to Division of Emergency Services, Communications, and Management. The subdivision heading preceding RSA 21-P:34 is repealed and reenacted to read as follows:

Division of Emergency Services, Communications, and Management

171:2 Division of Emergency Services, Communications, and Management; Reference Change. Amend RSA 21-P:34 to read as follows:

21-P:34 Purpose. Because of the possibility of the occurrence of natural and man-made disasters resulting from fire, flood, hurricane, earthquake, prolonged power outages, disruption or contamination of the food or water supply, degradation of critical facilities and vital systems, disruption of communication systems, or other natural, technological or man-made causes, and in order that the state of New Hampshire will be adequately prepared to cope with such disasters; and, generally, in order to preserve the lives and the property of the people of the state, a state [bureau of emergency management] division of emergency services, communications, and management is hereby created under the [assistant commissioner] direction of the director of the division of emergency services, communications, and management. The emergency management powers provided in this subdivision are conferred upon the governor and upon other executive heads of governing bodies of the state; the creation of local organizations for emergency management in the political subdivisions of the state is authorized; and provision is made for the rendering of mutual aid among the political subdivisions of the state and between this and other states and to cooperate with the federal government with respect to the carrying out of emergency management functions. It is further declared to be the purpose of this subdivision and the policy of the state that all emergency management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources, and facilities for dealing with any disaster that may occur.

171:3 Division of Emergency Services, Communications, and Management; Definitions; Reference Change. Amend RSA 21-P:35, IV to read as follows:

IV. “Director” means the director of the division of [fire safety and emergency management] emergency services, communications, and management.

171:4 Department of Safety; Office of Emergency Management Replaced With Division of Emergency Services, Communications, and Management. RSA 21-P:36 is repealed and reenacted to read as follows:

21-P:36 Division of Emergency Services, Communications, and Management.

I. There is hereby created a division of emergency services, communications, and management within the department of safety under the supervision of the director of emergency services, communications, and management and reporting to the assistant commissioner. The commissioner shall nominate a director of the division of emergency services, communications, and management, for appointment by the governor, with the consent of the council, and shall serve a term of 4 years until a successor has been appointed. The director shall be responsible to carry out such duties as are specifically enumerated in this subdivision and as may be assigned by the office of the commissioner. The director shall be academically and technically qualified to hold the position and shall receive the salary specified in RSA 94:1-a for the director of emergency services, communications, and management.

II. The division shall consist of 2 bureaus, a bureau of emergency communications and a bureau of emergency management. The bureau of emergency communications shall be supervised by a classified employee reporting to the director, and the bureau of emergency management shall be supervised by an assistant director of emergency management reporting to the director. The commissioner of safety shall nominate the assistant director of emergency management, for appointment by the governor, with consent of the council, to serve at the pleasure of the commissioner. The assistant director shall receive the salary specified in RSA 94:1-a for the position.

III. With the approval of the commissioner, the director may employ such necessary technical, clerical, stenographic and other personnel, and may make such expenditures from state or federal funds as are or may be made available for purposes of emergency management and emergency communications, and provided that any dedicated funds of the 2 bureaus shall not be commingled. The director and other personnel of the division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing, and funds for traveling and related expenses, in the same manner as provided for personnel of other state agencies. With general oversight by the assistant commissioner, the director shall coordinate the activities of all organizations for emergency management and emergency 911 telecommunications within the state, state and local, county, and private, and shall maintain liaison with and cooperate with police, fire, emergency medical and sheriff’s departments and emergency management agencies and emergency telecommunications organizations of other states and of the federal government. The director shall have such additional duties, responsibilities, and authority authorized by applicable laws as may be prescribed by the commissioner. If, as the result of a disaster declaration, the state of New Hampshire enters into an agreement with the federal government or another entity for assistance, either direct or indirect, financial or otherwise, such agreement shall be transmitted to the president of the senate and the speaker of the house within 30 days after approval by the governor and council. Any obligation of the general fund of New Hampshire as a result of such an agreement shall be submitted jointly to the general court by the president of the senate and the speaker of the house for prompt payment. Administrative costs of the state of New Hampshire incident to such obligation shall be included in the submission to the general court.

171:5 Division of Emergency Services, Communications, and Management; Emergency Management Powers and Duties; Reference Changes. Amend the introductory paragraph of RSA 21-P:37 to read as follows:

The [bureau chief] director shall have general direction and control of the [bureau of emergency management] division of emergency services, communications, and management, and shall be responsible for the carrying out of the provisions of this subdivision. In the event of disaster beyond local control, the governor may assume direct operational control over all or any part of the emergency management functions within the state. In performing the [bureau chief’s] director’s duties under this subdivision and to effect its policy and purposes, the [bureau chief] director is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of this state and of the nation, and is further authorized and empowered:

171:6 Division of Emergency Services, Communications, and Management; Emergency Management Powers and Duties; Reference Changes. Amend RSA 21- P:38 to read as follows:

21-P:38 Emergency Management Powers and Duties Regarding Communications Systems. The [bureau of emergency management] division of emergency services, communications, and management shall ascertain what means exist for rapid and efficient communications during natural and man-made disasters. The [bureau of emergency management] division shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive state or state and federal telecommunications or other communications system which may be established for purposes of emergency management. In studying the character and feasibility of any such system or its several parts, the [bureau of emergency management] division of emergency services, communications, and management shall consult with the department of administrative services and evaluate the possibility of the multi-purpose use of such a system for general state and local government purposes. The [bureau of emergency management] division shall make recommendations regarding such communications systems to the assistant commissioner as appropriate.

171:7 Department of Safety; Advisory Council on Emergency Preparedness and Security. Amend RSA 21-P:48, I(a) to read as follows:

(a) The [chief of the bureau of emergency management] director of the division of emergency services, communications, and management.

171:8 Department of Safety; Advisory Council on Emergency Preparedness and Security. Amend RSA 21-P:48, I(f) to read as follows:

(f) The [state fire marshal] director of the division of fire safety.

171:9 Compensation of State Officers. Amend RSA 94:1-a, I(b), as follows:

I. By deleting in Grade EE:

EE Department of safety, bureau

of emergency management assistant bureau chief

II. By deleting in Grade FF:

FF Department of safety, bureau

of emergency management bureau chief

171:10 Compensation of Director and Assistant Director of the Division of Emergency Services, Communications, and Management.

I. If HB 1364 of the 2004 legislative session becomes law and the joint committee on compensation of state officers is established, the unclassified salaries of the director and the assistant director, division of emergency services, communications and management shall be adopted after the review and allocation approval by the joint committee on compensation of state officers pursuant to the procedure in RSA 94:1-d and RSA 94:10.

II. If HB 1364 of the 2004 legislative session does not become law, the unclassified salaries of the director and the assistant director, division of emergency services, communications and management shall be adopted after the review and allocation approval by the fiscal committee pursuant to the procedure in RSA 94:1-d and RSA 14:30-a.

171:11 Director and Assistant Director of the Division of Emergency Services, Communications, and Management; Retirement System. Amend RSA 21-P:36-a to read as follows:

21-P:36-a Assistant Chief of Bureau of Emergency Management; Retirement System. For purposes of classification under the provisions of RSA 100-A, the [assistant chief of the bureau of emergency management] assistant director of the division of emergency services, communications, and management shall be eligible to be a group II member if the [assistant chief] assistant director was a member of group II for at least 10 years prior to his or her appointment [as the assistant chief of the bureau of emergency management under RSA 21-P:3].

171:12 Enhanced 911 System; Definitions Amended. Amend RSA 106-H:2, III to read as follows:

III. “Bureau” means the bureau of emergency [management] communications within the division of emergency services, communications, and management in the department of safety, established pursuant to RSA 21-P:36.

171:13 Enhanced 911 System; References to Director of the Division of Emergency Services, Communications, and Management Added. Amend RSA 106-H:3, I(b) to read as follows:

(b) The [chief of the bureau of emergency management] director of the division of emergency services, communications, and management shall oversee the administration of enhanced 911 services.

171:14 Enhanced 911 Commission; Reference Change. Amend RSA 106-H:5, I(b) to read as follows: (b) Require submission of reports and information from those public safety agencies within the state that the [bureau] division determines have information pertinent to the effective functioning of the [bureau] division.

171:15 Reference Change. Amend RSA 106-H:6 to read as follows:

106-H:6 Powers and Duties[; Bureau]. The [chief of the bureau of emergency management] director of the division of emergency services, communications, and management, subject to the approval of the commissioner, shall:

[(a)] I. Appoint such personnel as may be necessary to perform the duties assigned by the [bureau] division subject to the limits of available funds. Personnel appointed under this section shall be classified state employees as defined by the division of personnel.

[(b)] II. Prepare and submit to the commissioner a budget for the [bureau’s] division’s operations which shall be included in the department of administrative services budget, with the advice of the commission.

[(c)] III. Enter into contracts and do such things as may be necessary and incidental to the administration of the [bureau’s] division’s authority pursuant to this chapter, with the approval of the commissioner.

[(d)] IV. Accept in the name of the state any and all donations or grants, both real and personal, from any governmental unit or public agency or from any institution, person, firm, or corporation. The [bureau] division shall receive, utilize, and dispose of all donations and grants consistent with the rules of the [bureau] division and the purpose or conditions of the donation or grant.

[(e)] V. Make such investigations as may be necessary to determine whether governmental units are complying with the provisions of this chapter.

[(f)] VI. File a written report on June 1 of each year to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to, the status of development of operational standards and training programs, the development of the data base, revenue generated from telephone subscribers, budget and revenue projections, the degree of coordination with municipalities, the extent of public use of the service and the quality of service rendered.

171:16 Transportation of High-Level Radioactive Waste. Amend RSA 107-D:9 to read as follows:

107-D:9 Coordination With Other Agencies. The department is expressly authorized to coordinate with or to contract with the [bureau of emergency management] division of emergency services, communications, and management established in RSA 21-P:36 and with other state agencies or departments, including but not limited to the department of transportation and the department of health and human services, to perform any activities necessary to implement this chapter.

171:17 Emergency Management Assistance Compact and Northeastern American/Canadian Emergency Management Assistance Compact. Amend RSA 108:3, Article II, subparagraph (d) to read as follows:

(d) In New Hampshire, this compact shall be administered by the [bureau of emergency management] division of emergency services, communications, and management.

171:18 Firewards, Firefighters and Fire Hazards; Reference Change. Amend RSA 154:30-c, I to read as follows:

I. A district fire mutual aid system shall coordinate the services of all municipalities and fire departments belonging to it so as to provide better and more efficient cooperation in the protection of life and property within the area which it comprises and toward this end shall cooperate with other state agencies including the [bureau of emergency management] division of emergency services, communications, and management and local emergency management offices.

171:19 Council on Resources and Development; Reference Change. Amend RSA 162-C:1, VII to read as follows:

VII. The [chief of the bureau of emergency management] director of the division of emergency services, communications, and management.

171:20 New Hampshire Safe Drinking Water Act; Emergency Planning; Reference Change. Amend RSA 485:40 to read as follows:

485:40 Emergency Planning. The department shall develop plans, with the advice and assistance of the [bureau of emergency management] division of emergency services, communications, and management, and of the public water systems of the state, for emergency conditions and situations that may endanger the public health or welfare by contamination of drinking water. Such plans may include potential sources of contaminants and situations or conditions that could place them in the sources of public drinking water, techniques and methods to be used by public water systems to reduce or eliminate the dangers to public health caused thereby, methods and times for analysis or testing during such emergency conditions or situations, alternate sources of water available to public water systems, and methods of supplying drinking water to consumers if a public water system cannot supply such water.

171:21 Wiretapping and Eavesdropping; Reference Change. Amend RSA 570-A:2, II(h) to read as follows:

(h) Any municipal, county, or state fire or police department, the [bureau of emergency management] division of emergency services, communications, and management as created by RSA 21-P:36, including the bureau of emergency communications as defined by RSA 106-H, or any independently owned emergency service, and their employees in the course of their employment, when receiving or responding to emergency calls, to intercept, record, disclose or use a telecommunication, while engaged in any activity which is a necessary incident to the rendition of service or the protection of life or property.

171:22 Department of Safety; Public Health Emergency Management Powers and Duties; Reference Change. Amend RSA 21-P:49, I to read as follows:

I. Subject to the direction and control of the governor, the commissioner shall have the responsibility and authority to carry out all public health activities within the state in cooperation and collaboration with the [bureau of emergency management] division of emergency services, communications, and management.

171:23 Department of Safety; Assistant Commissioner. Amend RSA 21-P:5, II to read as follows:

II. The assistant commissioner shall perform such duties as are assigned by the commissioner. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties. The assistant commissioner shall be responsible for the operations of the bureau of hearings [and the division of fire safety and emergency management], and shall, subject to the supervision of the commissioner, exercise authority as required to ensure that the divisions and their directors are implementing the organizational goals and managing the work of the department in an effective manner.

171:24 Department of Safety; Remove References to Division and Bureau of Fire Safety. Amend the introductory paragraph of RSA 21-P:12 to read as follows:

21-P:12 Division of Fire Safety [and Emergency Management; Bureau of Fire Safety]. There is established within the department a division of fire safety [and emergency management under the supervision of the assistant commissioner]. Such division shall be [composed of the bureau of fire safety and the bureau of emergency management. The bureau of fire safety shall be] under the supervision of an unclassified [chief of the bureau of fire safety] director who shall be known as the state fire marshal. The state fire marshal shall be nominated by the commissioner of safety, after consultation with the state advisory board of fire control, for appointment by the governor, with the consent of the council, and shall serve a term of 4 years until a successor is appointed. If no successor has been appointed with the consent of the council within 6 months of the expiration of the term, the governor shall appoint a successor with the consent of the council. The state fire marshal shall be academically and technically qualified to hold the position. The state fire marshal shall be a citizen of this state or become a citizen of this state within one year of his or her appointment. He or she shall devote his or her entire time to the duties of the [bureau] division of fire safety and shall receive the salary specified in RSA 94:1-a for the state fire marshal. The state fire marshal shall be responsible for the following functions, in accordance with applicable law:

171:25 Transfer. Classified and unclassified employees of the bureau of emergency management of the department of safety shall be transferred to the division of emergency services, communications and management of the department of safety, along with all books, papers, records, equipment, unexpended appropriations, or other available funds, property, or obligations of any kind of said bureau.

171:26 Department of Safety; Division of Fire Standards and Training and Emergency Medical Services. Amend RSA 21-P:12-a and 21-P:12-b to read as follows:

21-P:12-a Division of Fire Standards and Training and Emergency Medical Services; Disposition of Funds.

I. There is established within the department a division of fire standards and training and emergency medical services, rescue operations, injury prevention, fire prevention, and fire and

of fire standards and training and emergency medical services who shall administer and supervise a fire and emergency medical service training and research program throughout the state. The director of fire standards and training and emergency medical services shall be nominated by the commissioner of safety, after consultation with the fire standards and training commission and the emergency medical and trauma services coordinating board, for appointment by the governor, with consent of the council, and shall serve a term of 4 years until a successor is appointed. The commission shall take a recorded vote regarding its concurrence or non-concurrence in the commissioner’s nomination decision. If the commission votes not to concur in the decision, it shall submit a letter to the commissioner so stating, and the commissioner shall in turn submit that letter to the governor and council. The director of fire standards and training and emergency medical services shall be academically and technically qualified to hold the position, and shall receive the salary specified in RSA 94:1-a.

II. The director shall:

(a) Be responsible for the day-to-day operations of the division of fire standards and training and emergency medical services, the operations of the fire academy, including establishing training programs and offering instruction in methods of determining and dealing with the causes of fire and the prevention of fire, techniques in firefighting, emergency medical services, and rescue, research and techniques in firefighting and fire protection, [and] the administration and management of fire departments and emergency medical services units, and the provisions of RSA 21-P:12-b.

(b) Establish fees to be collected for tuition, licenses, and services. Such fees shall be subject to the approval of the commissioner of the department of safety. The commissioner may for good cause waive any fees charged under this subparagraph and may authorize tuition reimbursement from the fire standards and training and emergency medical services fund.

(c) Establish, maintain, approve, and certify programs, courses, institutions, and facilities for study for all fire service and emergency medical services personnel and recruits according to accepted curricula.

(d) [Provide all fire service personnel with] Develop and administer the provision of professional instruction and training for all fire, rescue, and emergency medical services.

(e) Develop and promote new methods and practices of firefighting, delivery of emergency medical services, rescue operations, injury prevention, fire prevention, and fire and emergency medical services administration.

(f) Disseminate information relative to fire and rescues, techniques of firefighting and rescuing, fire prevention, fire administration, emergency medical services, and other related subjects to all interested agencies and individuals throughout the state.

(g) Be authorized to employ part-time instructors or assistants and compensate them for organizing, developing, and conducting approved fire training, emergency medical services, and rescue courses or other work as directed at an hourly rate established by the commissioner and for mileage and expenses incurred in performing their official duties.

(h) With the approval of the commissioner, accept in the name of the state any and all donations, fees for tuition, rents, services and any and all moneys and grants from any governmental unit, public agency, institution, person, firm, or corporation and receive, utilize, expend, and dispose of such funds subject to budgetary provisions, consistent with the rules of the department of safety and the purposes or conditions of the donations or grant.

III. The receipt of a donation or grant under subparagraph II(h) shall be noted in the biennial report of the department of safety, which will also identify the nature of the donation or grant and the conditions of the donation or grant, if any. Any moneys received by the division pursuant to subparagraph II(h) shall be deposited in the state treasury to the account of the department of safety and shall not lapse. In addition, the division may receive, hold, and use gifts, bequests, and devises either outright or in trust for purposes consistent with this chapter.

21-P:12-b [Division] Bureau of Emergency Medical Services.

I. There is established within the [department a division] division of fire standards and training and emergency medical services a bureau of emergency medical services under the supervision of [an unclassified director of emergency medical services. The director of emergency medical services shall be nominated by the commissioner of safety for appointment by the governor, with the consent of the council, and shall serve a term of 4 years until a successor is appointed. The director of emergency medical services shall be academically and technically qualified to hold the position. The director shall be a citizen of this state or become a citizen of this state within one year of the director’s appointment. The director shall receive the salary specified in RSA 94:1-a for the director of emergency medical services.] a classified chief of the bureau of emergency medical services reporting to the division director.

II. The [director] bureau chief, under the supervision of the director of the division of fire standards and training and emergency medical services, shall:

(a) Be responsible for the day-to-day operations of the [division] bureau of emergency medical services.

(b) Plan and provide operational resources as available, for the coordination of emergency medical and adult and pediatric trauma services recommended throughout the state with and between private units and local, county, and state agencies. Such a plan shall include provisions for response to mass casualty incidents. The plan shall be tested by exercises from time to time in coordination with other appropriate local and state agencies.

(c) Carry out public information and education relative to the availability and appropriate use of the emergency medical and trauma services system.

(d) Facilitate the establishment and maintenance of a communications network that addresses citizen access to the emergency medical and trauma services system and communications among emergency medical service units, health care facilities, and other local, county, and state agencies involved in the care or transportation of persons in need of appropriate medical attention.

(e) Provide for the training and for the written and practical testing of emergency medical care providers, in accordance with RSA 153-A:11.

(f) License emergency medical care providers, emergency medical service units, emergency medical service instructor/coordinators, emergency medical service training agencies, emergency medical services dispatchers, and emergency medical service vehicles, including wheelchair vans for hire.

(g) Establish a data collection and analysis capability that provides for the evaluation of the emergency medical and trauma services system and for modifications to the system based on identified gaps and shortfalls in the delivery of emergency medical and trauma services. The data and resulting analysis shall be provided to the bodies established under this chapter, provided that such use does not violate the confidentiality of recipients of emergency medical care. The provisions of RSA 126 shall be followed with regard to other uses of this data for research and evaluation purposes, and for protecting the confidentiality of data in those uses. All analyses shall be public documents, provided that the identity of the recipients of emergency medical care are protected from disclosure either directly or indirectly.

(h) Carry out investigations as provided under RSA 153-A:14.

(i) Provide administrative support, within the limits of available funding, to the coordinating board, emergency medical services medical control board, trauma medical review committee, and the councils.

(j) With the approval of the commissioner, be authorized to employ part-time instructors, evaluators, and practical skill examination aides for the purpose of delivering training and written and practical examinations.

(k) Prepare budgets and grant requests for funds needed to maintain an effective emergency medical and trauma services system, and plan initiatives related to improving the general health of the public.

(l) With the approval of the commissioner, accept in the name of the state any and all donations, fees for tuition, rents, services, and any and all money and grants from any governmental unit, public agency, institution, person, firm, or corporation and receive, utilize, expend, and dispose of such funds subject to budgetary provisions, consistent with the rules of the department of safety and the purposes or conditions of the donation or grant.

(m) With the approval of the commissioner, establish fees to be collected for tuition, services, and licenses. The commissioner may for good cause waive any fees charged under this subparagraph and may authorize tuition reimbursement from the fire standards and training and emergency medical services fund.

III. The receipt of a donation or grant under subparagraph II(l) shall be noted in the biennial report of the department of safety, which will also identify the nature of the donation or grant and the conditions of the donation or grant, if any. Any moneys received by the division pursuant to subparagraph II(l) shall be deposited in the state treasury to the account of the department of safety and shall not lapse. In addition, the division may receive, hold, and use gifts, bequests, and devises either outright or in trust for purposes consistent with this chapter.

171:27 Department of Safety; Division of Fire Standards and Training and Emergency Medical Services. Amend RSA 21-P:12-d and 21-P:12-e to read as follows:

21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses incurred in the administration of the division of fire standards and training and emergency medical services, under RSA 21-P:12-a, [the division of emergency medical services, under RSA 21-P:12-b, and] the division of fire safety [and emergency management], under RSA 21-P:12, and the bureau of emergency management in the division of emergency services, communications, and management under RSA 21-P:36. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the division of fire standards and training[, the division of] and emergency medical services, [or] the division of fire safety [and emergency management], or the bureau of emergency management in the division of emergency services, communications, and management, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the fire standards and training and emergency medical services funds to the department of safety for such purposes.

21-P:12-e Fire Standards and Training, Emergency Medical Services, and Fire Safety and Emergency Management Report and Budget.

I. The department of safety shall submit an annual report, by October 1 of each year, to the speaker of the house of representatives, president of the senate, and the governor and council which shall include, but not be limited to, training and educational programs offered or contracted by the [divisions] division of fire standards and training[,] and emergency medical services[,] and the division of fire safety [and emergency management], the development of the technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the budget and revenue projections of the [3] 2 divisions, the degree of coordination with municipal fire and emergency medical services departments, and the extent of direct aid to municipalities and mutual aid associations.

II. In addition to or in conjunction with the operating budget of the department of safety, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all [training and educational] programs offered or contracted by the [divisions] division of fire standards and training[,] and emergency medical services[,] and the division of fire safety [and emergency management], the development of technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the extent of direct aid to municipalities and mutual aid associations, and all revenues and expenditures of the dedicated fund established in RSA 21-P:12-d.

171:28 Change “Division of Fire Standards and Training” to “Division of Fire Standards and Training and Emergency Medical Services.” Amend the following RSA provisions by replacing “division of fire standards and training” with “division of fire standards and training and emergency medical services”: RSA 21-P:15; 21-P:25; 21-P:26; 21-P:28; 21-P:33; 21-P:48; and 94:1-a, I(b)GG. 171:29 Emergency Medical and Trauma Services; Definitions; Reference Change. Amend RSA 153-A:2, III and IV to read as follows:

III. “Director” means the director of the division of fire standards and training and emergency medical services, department of safety, or his or her designee.

IV. “Division” means the division of fire standards and training and emergency medical services, department of safety.

171:30 Enhanced 911 Commission; Reference Change. Amend the introductory paragraph of RSA 106-H:3, I(a) to read as follows:

I.(a) There is hereby established an enhanced 911 commission consisting of 16 members, including the [chief of the bureau of] director of the division of fire standards and training and emergency medical [service] services or designee, the chairman of the public utilities commission or designee, a representative of the department of safety, a public member, a police officer experienced in responding to emergency calls, a representative of the disabled community, and one active member recommended by each of the following organizations, nominated by the governor with the approval of the council:

171:31 New Hampshire Retirement System; Membership. Amend RSA 100-A:3, III-c to read as follows:

III-c. Notwithstanding the provisions of RSA 100-A:1, VIII, any permanent fireman who has been a group II member and who has 10 years' fire service experience, or any person included in the definition of “fire service personnel” as defined in RSA 21-P:25, II(c) who has 10 years' fire service experience, who is or becomes the [state fire marshal, the administrator of the fire standards and training commission] director of the division of fire safety, the director of the division of emergency services, communications, and management, the director of the division of fire standards and training and emergency medical services, any fire instructor, supervisor, instructor, or other technical specialist who has hazardous materials, firefighting, or rescue training functions and who has as a job requirement satisfied the fire standards and training commission's entrance and certification requirements for physical condition, education, and training shall be construed to be a permanent fireman for the purposes of membership in group II and shall remain in the system for the duration of service in that capacity with the fire standards and training commission.

171:32 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 25, 2004)

(Effective Date: July 24, 2004)