TITLE I
THE STATE AND ITS GOVERNMENT

Chapter 10
STATE INSTITUTIONS

Supervision

Section 10:1

    10:1 Governor and Council. – The ultimate executive authority over the New Hampshire hospital, formerly the state hospital; the New Hampshire youth development center, formerly the industrial school; and the Glencliff home, formerly the state sanatorium, including all real and personal estate used in connection therewith, the purchase of materials and supplies for said institutions and the departments of state, as hereinafter provided, is vested in the governor and council.

Source. 1919, 14:1. PL 9:1. RL 14:1. 1950, 5, part 11:5. RSA 10:1. 1957, 164:4. 1973, 17:1. 1977, 568:2. 1983, 461:27. 1988, 107:2. 2007, 263:12. 2011, 224:81, eff. July 1, 2011.

Trustees

Section 10:2

    10:2 Repealed by 1983, 416:54, I(a), eff. July 1, 1983. –

Section 10:2-a, 10:2-b

    10:2-a, 10:2-b Repealed by 1961, 222:6, IX. –

Section 10:3

    10:3 Repealed by 1983, 416:54, I(b), eff. July 1, 1983. –

Section 10:4

    10:4 Acquisition and Disposal of Real Estate for Institutions. – Upon request of the commissioner of the department of health and human services, the governor and council may buy, sell, or exchange institutional lands for any of the institutions named in RSA 10:1 over which the requester has jurisdiction and, at the request of any of the above or that of the trustees of the university system of New Hampshire, may institute proceedings for the taking of land for institutional purposes by eminent domain; and the procedure for that purpose shall be the same and the value of the land shall be determined as in cases of land taken for highways upon petition to the superior court. On the payment of the value as finally determined, the title to the land so taken shall vest in the state.

Source. 1915, 176:1. PL 9:5. 1927, 40:1. 1931, 5:1. RL 14:5. RSA 10:4. 1979, 246:1. 1983, 416:54, II. 1987, 381:3. 1994, 212:2. 1995, 310:65. 2005, 291:24, eff. July 25, 2005.

Lakeshore Redevelopment Planning Commission

Section 10:5

    10:5 Lakeshore Redevelopment Planning Commission. –
I. There is hereby established the lakeshore redevelopment planning commission to study the former Laconia state school land and buildings and training center property to identify potential development alternatives, including but not limited to potential public private partnerships, for the purpose of developing the state-owned property for self-sustaining economic development and job creation for the benefit of the city of Laconia, Belknap county, and the state of New Hampshire.
II. In this subdivision, "commission" means the lakeshore redevelopment planning commission, and "lakes region facility" means the former Laconia state school land and buildings and training center property, excluding the separate parcel identified as Ahern State Park, formerly Governor's State Park, which was transferred to the division of parks and recreation in November 1994 and preserved as a state park in perpetuity pursuant to RSA 216-H.
III. The provisions of this subdivision shall be liberally construed in order to effect its purpose. Nothing in this subdivision shall be construed to waive the state's sovereign immunity.

Source. 2017, 240:1, eff. July 18, 2017. 2021, 91:20, eff. July 1, 2021.

Section 10:6

    10:6 Membership; Meetings; Compensation. –
I. The commission shall be comprised of the following members:
(a) Three members who shall have experience as real estate developers or have business experience, appointed by the governor and council.
(b) One member with business experience who is a resident of Belknap county, appointed by the governor and council.
(c) One member appointed by the mayor and city council of the city of Laconia.
(d) One member with business experience, appointed by the speaker of the house of representatives.
(e) One member with business experience, appointed by the senate president.
II. The governor shall appoint a member of the commission to be the chairperson.
III. Appointments to the commission shall be made within 20 days of the effective date of this section. The first meeting shall be not later than 30 days after the effective date of this section. The commission shall hold meetings at the call of the chairperson. Meetings shall be held at least quarterly. Four members of the commission shall constitute a quorum. An affirmative vote by 4 members is necessary for any action by the commission.
IV. Members shall serve without compensation from the commission, except for reimbursement of such incidental expenses determined by the commission to be necessary which are incurred while performing commission business.

Source. 2017, 240:1, eff. July 18, 2017.

Section 10:7

    10:7 Duties of the Commission. –
The commission shall:
I. Conduct a comprehensive evaluation and study of the physical and environmental condition of the lakes region facility, including the land and buildings. This study shall have as a primary concern collecting information to assess the potential of the lakes region facility for economic development benefitting the city of Laconia, Belknap county, and the state. This study may include undertaking environmental reviews and assessments necessary to evaluate opportunities and alternatives for future site reuse and development.
II. Formulate a comprehensive plan, including potential alternative uses which may also include change of ownership, for the reuse and redevelopment of the lakes region facility. This plan shall include an evaluation and recommendation regarding each existing building at the lakes region facility, assessing its potential for short-term and long-term reuse and redevelopment. Such recommendations shall be consistent with the purposes of this subdivision. This plan shall also include an evaluation of proposed financing mechanisms for implementing any recommended action proposed by the commission.
III. Solicit input from relevant parties to identify potential reuse and redevelopment opportunities from a broad range of public and private sources, not limited to, developers, planners, and state, county, and municipal officials.
IV. Identify potential opportunities for integrating future reuse and redevelopment of the lakes region facility with Ahern state park that will mutually benefit both locations, and make recommendations based upon the findings.
V. Explore different partnership models and agency structures, including a state authority similar to the Pease development authority, and recommend a governing structure to implement the comprehensive plan for reuse and redevelopment prepared by the commission.
VI. Identify opportunities to fund the elimination of barriers to reuse and redevelopment, including, but not limited to, the receipt of grants, awards, tax credits, and other similar public or private funds.
VII. Develop recommendations for infrastructure needs related to the lakes region facility for consideration in the state capital budget for fiscal years 2020 and 2021. Recommendations may include but not be limited to any transportation, water, or redevelopment needs based on the comprehensive evaluation of the lakes region facility prepared by the commission.
VIII. Make recommendations, in consultation with the planning board and the city council in the city of Laconia, for any local planning or zoning changes needed to further reuse and redevelopment of the lakes region facility, including, without limitation, integrating such reuse and redevelopment with Ahern state park.
IX. Make recommendations for any legislative changes necessary to implement the recommendations by the commission.
X. Make recommendations for administrative rule changes necessary to implement the recommendations of the commission.

Source. 2017, 240:1, eff. July 18, 2017.

Section 10:8

    10:8 Powers of the Commission. –
I. The commission may appoint a coordinator and establish committees and subcommittees of the commission. The commission, or the coordinator subject to the direction of the commission, may hire agents and employees, without regard to any personnel or civil service law or rule of the state, prescribe their duties and qualifications, and fix and pay their compensation and expenses. Any person hired by the commission as an employee shall be a nonclassified employee of the state, an employee at will, and serve at the pleasure of the commission.
II. Notwithstanding any other provision of law, the commission may:
(a) Request, accept, and expend any federal funds available to the commission to carry out the purposes of this subdivision or the duties of the commission, provided that state funds available to be expended by the commission shall not exceed $365,000 in capital and general fund appropriations.
(b) Make purchases and enter into contracts on behalf of the commission without regard to any provision of law relating to public purchases or contracts.
(c) Enter into leases or rental agreements with terms not to exceed 3 years for office space or equipment deemed necessary by the commission to carry out its duties under this subdivision.
III. Notwithstanding any other provision of law, public employees and officials, both elected or appointed, of the state and any of its political subdivisions may serve, if appointed in accordance with the provisions of this subdivision, as commission members or members of any committee or subcommittee of the commission. Any such public employee or official shall serve without compensation, except that such officials and employees may be reimbursed by the commission for such incidental expenses determined by the commission to be necessary and incurred while performing commission business.

Source. 2017, 240:1, eff. July 18, 2017.

Section 10:9

    10:9 Coordinator Authorized. –
I. The coordinator, if one is appointed by the commission, shall be the chief executive and administrative officer of the commission and shall have general and active supervision and direction over the day-to-day business and affairs of the commission and its committees, subcommittees, employees, and consultants, subject, however, to the direction and control of the commission.
II. The coordinator shall perform all such other duties as from time to time may be assigned to him or her by the commission.
III. The coordinator shall be entitled to:
(a) Such compensation as established by the commission subject to approval by the fiscal committee of the general court; and
(b) Payment for such other necessary expenses incurred while actually engaged in the performance of her or his duties under this subdivision.
IV. Once appointed, the coordinator shall serve in such capacity until he or she resigns or is removed by vote of the commission. The commission may remove the coordinator without cause and for any reason.

Source. 2017, 240:1, eff. July 18, 2017.

Section 10:10

    10:10 Reports. – The commission shall make its first report no later than September 1, 2018, and every 6 months thereafter or more frequently as deemed necessary by the commission, to each of the appointing authorities under RSA 10:5 and to the capital project overview committee under RSA 17-J. The initial report shall include a progress report of the commission's work and any proposals for legislation deemed necessary by the commission.

Source. 2017, 240:1, eff. July 18, 2017. 2023, 192:4, eff. Aug. 4, 2023.

Section 10:11

    10:11 Sale of Lakes Region Facility. –
I. In this section, "lakes region facility" means all land, easements, buildings, structures, and appurtenances owned or controlled by the state of New Hampshire in the city of Laconia formerly known as the Laconia State School.
II. Notwithstanding any other provision of law, the governor, with approval of the executive council, shall have the sole authority to sell, convey, lease, rent, exchange, transfer, abandon, or otherwise dispose of any of the property, whether tangible or intangible, at the lakes region facility on such terms and conditions as the governor and executive council deem appropriate and without regard to any other provision of law affecting or restricting the sale, conveyance, lease, rental, exchange, transfer, abandonment or other disposal of state property.
III. If the sale of the Lakes Region Facility includes the portion that includes the parcel identified as 50-67 Communication Drive containing a state 911 call center and Lakes Region Mutual Fire Aid, then American Rescue Plan Act funds may be used to the extent possible, and a portion of the proceeds of the sale may be used to relocate this facility to a new location. Relocation shall include purchase of land, if necessary, and the renovation or construction of a new facility.

Source. 2021, 91:19, eff. July 1, 2021. 2022, 205:1, eff. Aug. 16, 2022.