HB1697 (2006) Detail

(New Title) AN ACT relative to certain state salaries; establishing the position of director of homeland security and emergency management in the department of safety; authorizing the commissioner of safety to reorganize certain divisions, responsibilities, and activities of the department; relative to appeals of reclassification of positions; relative to a study of the unclassified salary schedule; and relative to the registration of apprentices by the board of barbering, cosmetology, and esthetics.


CHAPTER 290

HB 1697-FN – FINAL VERSION

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2006 SESSION

06-2141

05/09

HOUSE BILL 1697-FN

AN ACT relative to certain state salaries; establishing the position of director of homeland security and emergency management in the department of safety; authorizing the commissioner of safety to reorganize certain divisions, responsibilities, and activities of the department; relative to appeals of reclassification of positions; relative to a study of the unclassified salary schedule; and relative to the registration of apprentices by the board of barbering, cosmetology, and esthetics.

SPONSORS: Rep. Marshall Quandt, Rock 13; Rep. Weyler, Rock 8; Rep. Matthew Quandt, Rock 13; Rep. DeJoie, Merr 11; Rep. Goley, Hills 8

COMMITTEE: Finance

AMENDED ANALYSIS

This bill:

I. Changes the effective date for the 2 percent salary increase for certain state employees from July 7, 2006 to June 16, 2006.

II. Establishes the position of director of homeland security and emergency management and adjusts the salaries of the director of emergency services, communications, and management and the assistant director of the bureau of emergency management.

III. Permits the commissioner of the department of safety to transfer the homeland security and emergency management activities of the department of safety from the division of emergency communications, services, and management to the office of the commissioner and to reorganize the divisions, responsibilities, and activities of the department.

IV. Directs the commissioner of administrative services to retain a consultant to study the unclassified salary schedule.

V. Establishes the joint committee on employee classification and authorizes the committee to make the final decision regarding reclassification of certain state employees.

VI. Provides that the board of barbering, cosmetology, and esthetics has sole authority to regulate apprentices registered with the board and allows the board to consider the professional character of an applicant for apprenticeship.

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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.

22mar06… 0852h

05/03/06 2052s

24May2006… 2349cofc

24May2006… 2407eba

06-2141

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to certain state salaries; establishing the position of director of homeland security and emergency management in the department of safety; authorizing the commissioner of safety to reorganize certain divisions, responsibilities, and activities of the department; relative to appeals of reclassification of positions; relative to a study of the unclassified salary schedule; and relative to the registration of apprentices by the board of barbering, cosmetology, and esthetics.

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

290:1 Councilors and Commissioners. Amend the section heading and amending language of 2005, 177:73 and the introductory paragraph of RSA 94:1-a, II as inserted by 2005, 177:73 to read as follows:

177:73 Salary Wages for Councilors and Commissioners; [July 7, 2006] June 16, 2006. Amend RSA 94:1-a, II [is repealed and reenacted] to read as follows:

II. The salary wages for the positions set forth below shall be as follows commencing [July 7, 2006] June 16, 2006:

290:2 Judiciary. Amend the section heading of 2005, 177:76 to read as follows:

177:76 Judicial Salaries; [July 7, 2006] June 16, 2006.

290:3 Judicial Employees. Amend 2005, 177:79 to read as follows:

177:79 Judicial Employees; [July 7, 2006] June 16, 2006. All judicial employees shall receive 2 percent salary increases on [July 7, 2006] June 16, 2006.

290:4 Legislative Employees. Amend 2005, 177:82 to read as follows:

177:82 Legislative Employees; [July 7, 2006] June 16, 2006. Legislative employees shall receive 2 percent salary increases effective [July 7, 2006] June 16, 2006, if such increases are approved by the appointing authority.

290:5 State Officers; Unclassified State Employees. Amend the section heading of 2005, 177:85 to read as follows:

177:85 Compensation of State Officers; Unclassified State Employees; [July 7, 2006] June 16, 2006[;].

290:6 Department of Justice; Attorneys. Amend the section heading and amending language of 2005, 177:88 and the introductory paragraph of RSA 94:1-a, I(c) as amended by 2005, 177:88 to read as follows:

177:88 Department of Justice; Attorney Salaries; [July 7, 2006] June 16, 2006. Amend RSA 94:1-a, I(c) [is repealed and reenacted] to read as follows:

I.(c) For attorney positions in the department of justice, except for the attorney general and deputy attorney general, the following shall apply commencing on [July 7, 2006] June 16, 2006:

290:7 Other Non-Classified or Unclassified Employees. Amend 2005, 177:89 to read as follows:

177:89 Increases in Salary; Other Non-Classified or Unclassified Employees. All other nonclassified or unclassified employees not covered by the provisions for salary increases in this act shall be granted a salary increase of 2 percent effective July 8, 2005, an additional salary increase of 2 percent effective January 6, 2006, and an additional salary increase of 2 percent effective [July 7, 2006] June 16, 2006.

290:8 Classified Salaries. Amend the section heading and amending language of 2005, 177:145 and the introductory paragraph of RSA 99:1-a as inserted by 2005, 177:145 to read as follows:

177:145 Classified Salaries; [July 7, 2006] June 16, 2006. Amend RSA 99:1-a [is repealed and reenacted] to read as follows:

99:1-a Salaries Established. The salary ranges for all classified employees commencing [July 7 2006] June 16, 2006 shall be established as follows:

290:9 Classified Increases. Amend the section heading and amending language of 2005, 177:148 and RSA 99:3 as inserted by 2005, 177:148 to read as follows:

177:148 Classified Increases; [July 7, 2006] June 16, 2006. Amend RSA 99:3 [is repealed and reenacted] to read as follows:

99:3 Increase in Salary. Notwithstanding the provisions of RSA 273-A or any other provision of law to the contrary, classified employees of the state as of [July 7, 2006] June 16, 2006, shall be placed in the corresponding steps in the new salary ranges as their length of service justifies and their salaries shall be in accordance with the salary scales set forth in RSA 99:1-a. The provisions hereof shall not be construed as affecting so-called longevity payments which shall be in addition to the regular salary scale.

290:10 Effective Date Changed from July 7, 2006 to June 16, 2006. Amend 2005, 177:191, V to read as follows:

V. Sections [67,] 73, 76, 79, 82, 85, 88, 145, and 148 of this act shall take effect [July 7, 2006] June 16, 2006 and section 67 of this act shall take effect July 7, 2006.

290:11 Appropriation. The following sums are appropriated from the following sources for the purposes of sections 1-9 of this act for the fiscal year ending June 30, 2007:

All General Federal Highway Turnpike Fish and Game Other

$682,134 $334,314 $117,259 $ 90,792 $ 11,801 $ 9,755 $118,213

290:12 New Section; Department of Safety; Director of Homeland Security and Emergency Management. Amend RSA 21-P by inserting after section 5 the following new section:

21-P:5-a Director of Homeland Security and Emergency Management.

I. Notwithstanding the provisions of RSA 21-G and RSA 21-P:3, the commissioner, after consultation with the governor, shall nominate for appointment by the governor and council, a director of homeland security and emergency management, who shall serve at the pleasure of the governor. The director of homeland security and emergency management shall be qualified by education and experience and shall receive the salary provided in RSA 94:1-a.

II. The director of homeland security and emergency management, under the supervision of the commissioner and the governor, shall devote full time and attention to overseeing the state-level planning, preparation, exercise, response to and mitigation of terrorist threats and incidents and natural and human-caused disasters. He or she shall serve as the state’s primary contact with the federal Department of Homeland Security, and shall have authority to oversee and coordinate planning, response, and recovery efforts of all state agencies to terrorist events and natural and human-caused disasters and wide-scale threats to public safety. He or she shall collaborate with the department of health and human services and shall coordinate the efforts of other state agencies in preventing and responding to epidemics and other significant threats to the public health. All state agencies shall and are authorized to cooperate with the director in carrying out his or her duties as enumerated in this section.

III. The director of homeland security and emergency management shall be eligible to be a group II member if he or she was a group II retirement beneficiary or member prior to his or her appointment.

IV. The director of homeland security and emergency management shall keep the president of the senate and speaker of the house of representatives or their designees promptly informed of any impending or actual emergencies that require coordinated action with the legislative branch.

290:13 Department of Safety; Salaries. Amend RSA 94:1-a, I(b) by:

I. Inserting:

II Department of safety director of homeland security and emergency

management

II Department of safety director of emergency services, communications,

and management

FF Department of safety assistant director, bureau of

emergency management

II. Deleting:

EE Department of safety director of emergency medical services

290:14 Department of Safety; Reorganization Authorized. The commissioner of safety is hereby authorized, with approval of the governor and council, to reorganize the homeland security and emergency management activities of the department of safety by transferring, notwithstanding other laws and rules to the contrary, the responsibility, duties, and authority for supervision of emergency management from the division of emergency services, communications, and management to the director of homeland security and emergency management, and transferring the bureau of emergency management from the division of emergency services, communications, and management to the office of the commissioner under the supervision of the director of homeland security and emergency management, together with the associated personnel, appropriations, funding sources, contracts, rules, and suitable office space and equipment, and providing for necessary support of emergency management efforts during a disaster or terrorist incident from all components of the department, regardless of funding source. The commissioner shall report to the governor, the president of the senate, and the speaker of the house of representatives by December 31, 2006, recommended legislation for any statutory changes deemed necessary to further align other provisions of the law with this act.

290:15 Appropriation. The sum of $171,204 is hereby appropriated to the department of safety, for the fiscal year ending June 30, 2007, to support the establishment of the position of director of homeland security and emergency management. The governor is authorized to draw a warrant for such amount out of any money in the treasury not otherwise appropriated. Such amount shall be in addition to any other funds appropriated to the department and shall be expended as follows:

Salary, director of homeland security and emergency management $94,584

Current expense 1,500

Equipment 30,000

Benefits 41,620

In-state travel 2,500

Out-of-state travel 1,000

290:16 New Paragraph; Classified Employees; Reclassification of Positions or Increases; Appeal to Joint Committee on Employee Classification. Amend RSA 21-I:56 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding any other provision of law, any commissioner of a state agency may appeal a reclassification decision to the joint committee on employee classification, established in RSA 14:14-c, which shall have final authority over such decision.

290:17 New Section; Joint Committee on Employee Classification. Amend RSA 14 by inserting after section 14-b the following new section:

14:14-c Joint Committee on Employee Classification.

I. There is hereby established a joint committee on employee classification.

II. The committee shall consist of 3 members of the senate, appointed by the senate president, one of whom shall be a member of the senate finance committee, and 3 members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the house finance committee and 2 of whom shall be members of the house committee on executive departments and administration. Members shall be appointed for their term of office. All members shall be eligible for reappointment so long as they are qualified under this section. Members shall be appointed no later than December 30 of the year of their election to the general court, except that vacancies shall be filled for an unexpired term within 30 days of the creation of such vacancy. The chairperson shall be elected by the committee members and shall rotate annually between the house and senate members, provided that a house member shall serve as the first chairperson.

III. Relative to unclassified employees:

(a) The committee shall, while the general court is in session and during the interim, review the provisions of RSA 94, including the salaries listed in RSA 94:1-a, I, and shall recommend changes to salaries, position titles, or other matters related to the compensation of state officers.

(b) The committee shall establish procedures to review the allocation decisions submitted to it by the acting directors or administrative heads of state agencies or departments under RSA 94:1-d and shall set a temporary letter grade allocation for each position referred. The committee shall propose legislation recommending permanent salary levels for each position for introduction in the next regular session of the general court.

IV. Relative to classified employees, the committee shall establish procedures to hear appeals submitted by any commissioner or department head regarding reclassification decisions made by the director of personnel pursuant to RSA 21-I:54, III, and the committee’s decision in such matters shall be final.

290:18 Compensation of State Officers; Allocation Decisions. Amend RSA 94:1-d to read as follows:

94:1-d Allocation Decisions. Each acting director or administrative head of any state agency or department shall submit his [decision] or her recommendation relative to appropriate letter grades for any new position, vacancy, upgrade or downgrade occurring in [his] the agency or department to the [fiscal] commissioner of administrative services. The commissioner shall submit the recommendation to an outside consultant retained for the purpose of assessing the appropriate letter grade of unclassified state officers. The consultant shall assess the recommended allocation, recommend an alternate allocation, if necessary, and include the reasoning for such allocation in its report. The commissioner shall submit the consultant’s report to the joint committee[,] established in RSA [14:30-a] 14:14-c, for its review and temporary letter grade allocation.

290:19 Salary Adjustment; Joint Committee on Employee Classification. Amend RSA 94:3-b to read as follows:

94:3-b Salary Adjustment for Recruitment or Retention. Notwithstanding any other provisions of law to the contrary, upon the request of an appointing authority submitted to the commissioner of administrative services for review and evaluation and upon approval by the [fiscal committee of the general court] joint committee on employee classification, the governor and council is hereby authorized and empowered upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel to increase the salary ranges of unclassified positions.

290:20 New Section; Office of Legislative Services; Drafting Salary Legislation. Amend RSA 17-A by inserting after section 6 the following new section:

17-A:7 Legislation Relating to Unclassified State Officers. Legislation establishing a new, upgraded, or downgraded state unclassified officer position under RSA 94 shall to the extent practicable, be drafted by the office of legislative services without a recommended salary allocation. Changes to the salaries of unclassified officers listed in RSA 94:1-a, I shall be adopted in legislation reflecting the review and allocation approval by the joint committee on employee classification pursuant to the procedure in RSA 94:1-d and RSA 14:14-c.

290:21 Repeal. RSA 14:30-a, IV, relative to review by the fiscal committee of allocation decisions, is repealed.

290:22 Study of Unclassified Salary Schedule. The commissioner of administrative services shall engage a consultant of his choice, after approval of the fiscal committee, to study the unclassified salary schedule in relation to recent changes in the classified pay schedule. The commissioner shall present the results and findings of such study to the chairpersons of the senate finance committee and the house finance committee prior to December 1, 2006. The cost of such study shall be a charge against the salary adjustment fund established in RSA 99:4.

290:23 Apprentice Registration. Amend RSA 313-A:24 to read as follows:

313-A:24 Apprentice Registration.

I. No person shall enter an apprenticeship or enroll in a school under this chapter unless such person has registered with the board as an apprentice. The board shall have sole authority to regulate apprentices and apprenticeship under this chapter.

II. A person applying for registration under this section shall be granted such registration upon:

(a) Submitting proof sufficient to the board to show that such person is at least 16 years of age;

(b) Submitting 3 passport-size photographs; [and ]

(c) Paying a fee established by the board[. ] ; and

(d) Being deemed by the board to be of good professional character.

III. No salon or barbershop shall at any one time have more than one apprentice per licensed professional.

IV. Upon completing the number of hours specified in the board's apprentice rules, an apprentice shall be eligible to apply to the board for licensure.

290:24 Effective Date.

I. Sections 12-15 of this act shall take effect July 1, 2006.

II. The remainder of this act shall take effect upon its passage.

Approved: June 15, 2006

Effective: I. Sections 12-15 shall take effect July 1, 2006

II. Remainder shall take effect June 15, 2006