TITLE XX
TRANSPORTATION

Chapter 238-A
NEW HAMPSHIRE TRANSPORTATION COUNCIL

Section 238-A:1

    238-A:1 Definitions. –
In this chapter:
I. "Council" means the New Hampshire transportation council.
II. "Government agency" includes any department, agency, commission, public corporation, bureau, authority, instrumentality, or political subdivision of:
(a) The United States of America.
(b) The state of New Hampshire.
(c) Any state adjacent to New Hampshire.
III. "Municipality" means town as defined in RSA 21:5.
IV. "Regional planning commission" means any commission formed pursuant to RSA 36:46.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:2

    238-A:2 Council Established. – There is hereby established the New Hampshire transportation council for the general purpose of defining, in partnership with the department of transportation and the New Hampshire general court, a 21st century, multimodal transportation network and evaluating new modes or technologies that would improve the efficiency and accessibility of any transportation source. The council shall be administratively attached, pursuant to RSA 21-G:10, to the department of transportation. The council and the department of transportation shall enter into a memorandum of understanding to avoid duplication of effort.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:3

    238-A:3 Duties. –
The duties of the council shall be to:
I. Study methods of implementing new transportation technologies and modes of transportation throughout the state of New Hampshire, including but not limited to those related to bus, rail, highway, marine, and air transportation and the logistics of such technologies and modes.
II. Investigate methods of encouraging investment in new technologies for transportation.
III. Make recommendations to the appropriate state agency or committee of the general court.
IV. Solicit input from representatives of:
(a) Disability communities.
(b) Elder communities.
(c) The trucking industry.
(d) Attorneys with expertise in transportation liability.
(e) The insurance industry.

Source. 2018, 291:2, eff. Aug. 24, 2018. 2019, 310:1, eff. Aug. 2, 2019.

Section 238-A:4

    238-A:4 Membership. –
I. The council shall have the following members:
(a) The commissioner of the department of transportation, or designee.
(b) The commissioner of the department of business and economic affairs, or designee.
(c) The commissioner of the department of safety, or designee.
(d) A member of the senate transportation committee, appointed by the president of the senate.
(e) A member of the house transportation committee, appointed by the speaker of the house of representatives.
(f) An individual knowledgeable in transportation technology, appointed by the governor and approved by the executive council.
(g) A member of the New Hampshire College and University Council, appointed by the president of that organization.
(h) Three representatives of the transportation service industry, each representing a discrete mode of transportation, appointed by the governor and approved by the executive council.
(i) Two representatives from regional planning commissions, one of whom shall represent an urban area and one of whom shall represent a rural area, appointed by the New Hampshire Association of Regional Planning Commissions.
(j) The director of the office of strategic initiatives, or designee.
(k) The commissioner of the department of insurance, or designee.
II. Members of the council appointed by the governor shall serve 3-year terms or until a successor has been named.
III. The commissioners, or their designees, of the department of transportation and the department of business and economic affairs shall serve until a successor has been named.
IV. All other members of the council shall serve at the pleasure of their respective appointing agencies.
V. Legislative members shall receive mileage at the legislative rate when attending to the duties of the council.

Source. 2018, 291:2, eff. Aug. 24, 2018. 2019, 310:2, eff. Aug. 2, 2019.

Section 238-A:5

    238-A:5 Meetings. –
I. The first meeting of the council shall be called by the commissioner of the department of transportation. The members of the council shall elect a chairperson, vice chairperson, and secretary from among its members at the initial council meeting.
II. The council shall conduct at least one meeting during the year and designate one meeting as an annual meeting where all officers shall be elected for one-year terms.
III. A majority of council members then appointed shall constitute a quorum. Regular meetings of the council may be established in bylaws.
IV. All meetings of the council and of any committee established by the council shall comply with all provisions the right-to-know law under RSA 91-A.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:6

    238-A:6 Conflict of Interest. –
I. Each council member, prior to taking his or her position on the council, shall submit to the chairperson a written statement of all businesses and other organizations of which he or she, or his or her immediate family member, is an officer, director, trustee, member, owner (including sole proprietor, partner, or shareholder), or employee. The member's statement may be limited to businesses or organizations that enter into, or might reasonably enter into in the future, a relationship or a transaction with the council. Thereafter each council member shall submit an updated statement quarterly. The chairperson of the council shall become familiar with the statements of all council members in order to guide his or her conduct should a conflict arise.
II. If a matter comes before the council that gives rise to a conflict of interest, the affected council member shall make known the potential conflict, whether disclosed by his or her statement or not, and after answering any questions that might be asked of him or her, shall withdraw from the meeting for as long as the matter shall continue under discussion. In addition, any other council member who had a pecuniary benefit transaction with the business or organization under consideration within the same fiscal year shall not be present nor participate in the discussion. Should the matter be brought to a vote, neither the affected council member nor any other council member with a pecuniary benefit transaction with such organization in the same fiscal year shall vote on it. The council shall comply with all the requirements of New Hampshire law pertaining to conflicts of interest. A two-thirds vote of a quorum of disinterested council members shall be required and any financial benefit exceeding $5,000 in a fiscal year shall be recorded in the council meeting minutes.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:7

    238-A:7 Powers. –
The council may:
I. Adopt and amend bylaws for procedure and rules for the purposes of this chapter, develop and adopt rules in accordance with the laws of the state of New Hampshire, publish bylaws and rules as necessary or advisable, and cause records of its proceedings to be kept.
II. Utilize the services and resources of the department of transportation, the department of business and economic affairs, and/or a planning commission that are available and expedient.
III. Accept gifts and grants for the conduct of the duties of the council.
IV. Conduct or cause to be conducted any studies that the council determines necessary.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:8

    238-A:8 Expenses. – All expenses incurred in carrying out this chapter shall be paid solely from funds provided to or obtained by the council under this chapter.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:9

    238-A:9 Obligations. – The records and correspondence relating to negotiations, trade secrets received by the council, and estimates of costs on projects to be put out to bid shall be confidential.

Source. 2018, 291:2, eff. Aug. 24, 2018.

Section 238-A:10

    238-A:10 Severability. – If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source. 2018, 291:2, eff. Aug. 24, 2018.