RSA 21 Statutory Construction
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Change 1
21:33-a Terms of Appointment.
Whenever a statute provides for appointment to a position in a state office, agency, commission, or board for a term of stated and limited duration by the governor and council or requires approval or confirmation of such an appointment by the governor and council, such statute shall be construed, unless it shall be exempted from the application of this section by language expressly referring to this section, to provide: I. That the language in such statute creating a term of stated and limited duration shall create a term of the position, not of the appointee thereto, with the first such term, to a position to which no appointment has previously been made, to commence on the date of such appointment, confirmation or approval by the governor and council. II. That a vacancy in such position shall be filled for the unexpired term. III. (a) That any commissioner or agency head of a department, as defined in RSA 21-G:5, VI, who is an unclassified employee of the state, and appointed to such position, shall serve for the appropriate term or unexpired portion thereof. The commissioner or agency head may serve beyond the appointed term or unexpired portion thereof with the written authorization of the governor, provided that such service shall not extend beyond 6 months. This subparagraph shall also apply to the adjutant general and the attorney general, and to appointees to the liquor commission, the lottery commission, and the public utilities commission. (b) That any other appointee to such position shall serve for the appropriate term or unexpired portion thereof and until a successor is appointed and qualified. IV. That when an appointment is made and when a vacancy is filled, one of the factors which may be taken into consideration shall be the gender balance in the population which is served or regulated by the state office, agency, commission, or board, so that when the position is filled, it may result in a state office, agency, commission, or board which reflects that gender balance. Source. 1973, 425:1. 1992, 56:1. 2007, 156:1. 2008, 25:1. 2011, 131:2, eff. Aug. 6, 2011. 2015, 276:118, eff. July 1, 2015.
21:33-a Terms of Appointment.
Whenever a statute provides for appointment to a position in a state office, agency, commission, or board for a term of stated and limited duration by the governor and council or requires approval or confirmation of such an appointment by the governor and council, such statute shall be construed, unless it shall be exempted from the application of this section by language expressly referring to this section, to provide: I. That the language in such statute creating a term of stated and limited duration shall create a term of the position, not of the appointee thereto, with the first such term, to a position to which no appointment has previously been made, to commence on the date of such appointment, confirmation or approval by the governor and council. II. That a vacancy in such position shall be filled for the unexpired term. III. (a) That any commissioner or agency head of a department, as defined in RSA 21-G:5, VI, who is an unclassified employee of the state, and appointed to such position, shall serve for the appropriate term or unexpired portion thereof. The commissioner or agency head may serve beyond the appointed term or unexpired portion thereof with the written authorization of the governor, provided that such service shall not extend beyond 6 months. This subparagraph shall also apply to the adjutant general and the attorney general, and to appointees to the liquor commission, the lottery commission, and the public utilities commission. (b) That any other appointee to such position shall serve for the appropriate term or unexpired portion thereof and until a successor is appointed and qualified. IV. That when an appointment is made and when a vacancy is filled, one of the factors which may be taken into consideration shall be the gender balance in the population which is served or regulated by the state office, agency, commission, or board, so that when the position is filled, it may result in a state office, agency, commission, or board which reflects that gender balance. Source. 1973, 425:1. 1992, 56:1. 2007, 156:1. 2008, 25:1. 2011, 131:2, eff. Aug. 6, 2011. 2015, 276:118, eff. July 1, 2015.
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