Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. The New Hampshire Opioid Abatement Advisory Commission was created by state law to recommend and approve spending from the 85% state share of settlement funds.[1]

The Commission may also be tasked with other responsibilities, including:[2]

• “[R]eporting on projects and programs related to addressing the opioid epidemic,” and “developing priorities, goals and recommendations for spending on such projects and programs”

• “[W]orking with state agencies or outside entities to develop measures for projects and programs that address substance use disorders”

• Recommending state and local policy changes

The Commission is required to meet at least twice per year but has met monthly since 2022.[3] The Commission’s meetings are subject to the state open meetings law,[4] and the Commission must maintain a website with details about its activities.[5]

Is the state advisory body required to include member(s) with lived and/or living experience?

No. One appointee of the Opioid Abatement Advisory Commission must represent “victims of the opioid crisis,”[6] but the law does not say that person must themselves have lived or living experience.

What is the overall membership of the state advisory body?

The Commission’s current members are listed here. The following 23 members are required by state law,[7] with most able to select a designee to serve in their stead:

• The governor, state attorney general, and state treasurer

• The commissioners of the Department of Corrections and Department of Health and Human Services

• A member of the New Hampshire House of Representatives, appointed by its speaker

• A member of the New Hampshire Senate, appointed by its president

• The chairperson of the governor’s Commission on Alcohol and Drug Abuse, Prevention, Treatment and Recovery

• A county attorney, appointed by the governor

• A county corrections superintendent, appointed by the governor

• A county nursing home supervisor, appointed by the New Hampshire Association of Counties

• A New Hampshire municipal fire chief, appointed by the governor

• A New Hampshire municipal police chief, appointed by the governor

• Five (5) local government representatives appointed by the governor[8]

• One member representing victims of the opioid crisis, appointed by the attorney general

• Three (3) members representing prevention, treatment, and recovery, respectively, appointed by the governor’s Commission on Alcohol and Drug Abuse, Prevention, Treatment and Recovery

• A public school superintendent, appointed by the New Hampshire School Administrators Association

Some Commission members are able to serve as they hold their relevant offices while others are appointed to staggered two-year terms, and the governor may remove any non-legislative Commission member for cause.[9]

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in New Hampshire are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. N.H. Rev. Stat. Ann. Sec. 126-A:84(II)(b) (specifying that the opioid abatement advisory commission must approve funding); Sec. 126-A:85(I) (“shall consult with and advise the commissioner of the department of health and human services relative to the proper administration and management of the opioid abatement trust fund … and which shall approve all qualifying grants, loans, and matching funds from that fund”); Sec. 126-A:86(I)(a)-(b) (reiterating the same). See also N.H. Code R. He-C 1001.04 ("Duties of the Commission”). ↑

2. N.H. Rev. Stat. Ann. Sec. 126-A:86(II). These additional responsibilities may be identified by either the Commission itself or the Commissioner of the New Hampshire Department of Health and Human Services. Id. ↑

3. N.H. Rev. Stat. Ann. Sec. 126-A:85(VI) (“no less than twice per year”). See Meeting Information & Related Documents. New Hampshire Opioid Abatement Advisory Commission. Accessed September 1, 2024 ↑
4. N.H. Rev. Stat. Ann. Sec. 126-A:85(VI); N.H. Code R. He-C 1001.05(a). ↑

5. N.H. Rev. Stat. Ann. Sec. 126-A:86(III) (“The commission shall create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients.”). See also N.H. Code R. He-C 1001.05(b) (“Notice of the time and place of each meeting shall be posted on the commission's internet webpage, in the department's brown building lobby, and in the legislative office building”); N.H. Code R. He-C 1001.06 (addressing Commission records). ↑

6. N.H. Rev. Stat. Ann. Sec. 126-A:85(II)(s). ↑

7. N.H. Rev. Stat. Ann. Sec. 126-A:85(II)(a)-(w) (listing 23 member types). See also N.H. Code R. He-C 1001.03(a). ↑

8. Including designees from a county with a population of at least 100,000 people, a county with a population of less than 100,000 people, a city with a population of at least 75,000 people, a city or town with a population of less than 75,000 people, and a city or town with a population of less than 20,000 people. N.H. Rev. Stat. Ann. Sec. 126-A:85(II)(n)-(r). ↑

9. N.H. Rev. Stat. Ann. Sec. 126-A:85(III). The Commission members that serve staggered two-year terms include the five local government designees, designee representing victims of the opioid crisis, public school superintendent or designee, and the three members representing prevention, treatment, and recovery, respectively. See also N.H. Code R. He-C 1001.03(b) ("In accordance with RSA 126-A:85, III, a staggered 2-year term means that half of the members are reappointed in the first year of reappointment, while the other half of the members are reappointed in the second year of reappointment so that the commission maintains half of its members each year for consistency and continuity”). ↑