SB364 (2006) Detail

Relative to funding of the fish and game search and rescue fund and making an appropriation therefor.


SB 364-FN-A – AS AMENDED BY THE HOUSE

03/22/06 1408s

04May2006… 1658h

04May2006… 1986h

04May2006… 2182h

04May2006… 2198h

2006 SESSION

06-2637

08/09

SENATE BILL 364-FN-A

AN ACT relative to funding of the fish and game search and rescue fund and making an appropriation therefor; repealing an appropriation for the fuel assistance program; making appropriations to certain departments for anticipated energy shortfalls; and authorizing the fish and game department to acquire property rights to Big Brook Bog Dam in Pittsburg.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Gallus, Dist 1; Sen. Johnson, Dist 2; Sen. Odell, Dist 8; Sen. Gottesman, Dist 12; Rep. Chandler, Carr 1

COMMITTEE: Finance

AMENDED ANALYSIS

This bill annually appropriates money from the general fund into the fish and game search and rescue fund.

The bill repeals an appropriation to the office of energy and planning for the fuel assistance program.

The bill also makes certain supplemental appropriations to certain departments for anticipated energy expense shortfalls in state-owned buildings, and to the department of health and human services for reimbursing certain health care providers for the increased cost of utilities, heating, and mileage.

The bill also authorizes the fish and game department to acquire property rights to Big Brook Bog Dam in Pittsburg.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/22/06 1408s

04May2006… 1658h

04May2006… 1986h

04May2006… 2182h

04May2006… 2198h

06-2637

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to funding of the fish and game search and rescue fund and making an appropriation therefor; repealing an appropriation for the fuel assistance program; making appropriations to certain departments for anticipated energy shortfalls; and authorizing the fish and game department to acquire property rights to Big Brook Bog Dam in Pittsburg.

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

1 Fish and Game Search and Rescue Fund. Amend RSA 206:42 to read as follows:

206:42 Fish and Game Search and Rescue Fund.

I. The additional fee of $1 collected under the provisions of RSA 270-E:5, II(b) for each private boat registered, under RSA 215-A:23, X for each OHRV registered, and under RSA 215-C:39, XI for each snowmobile registered, shall be paid over to the state treasurer who shall keep such fees in a special fund to be expended by the fish and game department for use in search and rescue operations.

II. The state treasurer shall deposit annually from the general fund into the special search and rescue fund an amount equal to the moneys collected pursuant to paragraph I during any fiscal year up to and including a total of $100,000 annually. The governor is authorized to draw a warrant for such amount out of any money in the treasury not otherwise appropriated.

III. The special fund shall be nonlapsing. All funds received under this subdivision are continually appropriated to the fish and game department [for the purposes of this subdivision] and shall be used to fund search and rescue operations including, but not limited to salaries, training, equipment, and associated expenditures. The fish and game department shall report to the fiscal committee on a quarterly basis beginning on October 1, 1989, on the expenditures made from the fund.

2 Repeal. 2005, 298:5, relative to an appropriation to the office of energy and planning for the fuel assistance program, is repealed.

3 Supplemental Appropriations; Adjutant General; Energy Expense Shortfalls. The sums of $209,000 for the fiscal year ending June 30, 2006 and $209,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the adjutant general for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the adjutant general. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

4 Supplemental Appropriations; Department of Administrative Services; Energy Expense Shortfalls. The sums of $1,669,525 for the fiscal year ending June 30, 2006 and $1,669,525 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of administrative services for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the department of administrative services. In each fiscal year, the appropriation shall be a charge against the appropriate funds as follows:

General Federal Highway Other

$252,134 $190,789 $373,124 $853,478

The governor is authorized to draw a warrant for said sums out of the appropriate fund.

5 Supplemental Appropriations; Department of Safety; Energy Expense Shortfalls. The sums of $212,887 for the fiscal year ending June 30, 2006 and $212,887 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of safety for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations shall be a charge against the highway fund and are in addition to any other funds appropriated to the department of safety.

6 Supplemental Appropriations; Department of Resources and Economic Development; Energy Expense Shortfalls. The sums of $16,000 for the fiscal year ending June 30, 2006 and $16,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of resources and economic development for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the department of resources and economic development. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

7 Supplemental Appropriations; Department of Environmental Services; Energy Expense Shortfalls. The sums of $33,000 for the fiscal year ending June 30, 2006 and $33,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of environmental services for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the department of environmental services. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

8 Supplemental Appropriations; Department of Corrections; Energy Expense Shortfalls. The sums of $1,030,000 for the fiscal year ending June 30, 2006 and $1,030,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of corrections for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the department of corrections. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

9 Supplemental Appropriations; Regional Community-Technical Colleges; Energy Expense Shortfalls. The sums of $757,345 for the fiscal year ending June 30, 2006 and $757,345 for the fiscal year ending June 30, 2007 are hereby appropriated to the regional community-technical college system for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the regional community-technical college system. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

10 Supplemental Appropriations; Liquor Commission; Energy Expense Shortfalls. The sums of $105,000 for the fiscal year ending June 30, 2006 and $105,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the liquor commission for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations are in addition to any other funds appropriated to the liquor commission. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

11 Supplemental Appropriations; Department of Transportation; Highway Fund; Energy Expense Shortfalls. The sums of $800,000 for the fiscal year ending June 30, 2006 and $800,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of transportation for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations shall be a charge against the highway fund and are in addition to any other funds appropriated to the department of transportation.

12 Supplemental Appropriations; Department of Transportation; Turnpike Fund; Energy Expense Shortfalls. The sums of $150,000 for the fiscal year ending June 30, 2006 and $150,000 for the fiscal year ending June 30, 2007 are hereby appropriated to the department of transportation for anticipated energy expense shortfalls in state-owned buildings during the respective fiscal years. These appropriations shall be a charge against the turnpike fund and are in addition to any other funds appropriated to the department of transportation.

13 Appropriation. The sum of $1,748,504 is hereby appropriated to the department of health and human services for the biennium ending June 30, 2007, for the purpose of providing a one-time increase in rates paid to certain providers in fiscal year 2007 to offset the increased cost of utilities, heating, and mileage. The commissioner of the department of health and human services by August 1 shall set the amount of such rate increase for each provider at the maximum rate consistent with the appropriations allotted below for such provider. The commissioner in September shall report to the fiscal committee of the general court on the rates established by the department. The sums appropriated in this section represent the state general fund share of such costs, and the department shall obtain matching funds from federal and other non-state sources, where appropriate, to ensure that the full cost of the one-time increase is sufficiently funded. The appropriation contained in this section shall be distributed as follows:

Office of Medicaid and Business Policy

PAU Description Appropriation

05-01-02-01-04 Medical Transportation $6,050

Division for Children, Youth, and Families

PAU Description Appropriation

05-01-06-07-01 Residential Providers $151,118

05-01-06-07-01 Foster Care Adoption, and Foster Homes $92,462

05-01-06-08-02 Child Care $257,134

Bureau of Elderly and Adult Services

PAU Description Appropriation

05-01-08-03-01 Home Delivered Meals and Transportation $21,062

05-01-08-03-05 Congregate Housing Contracts $6,980

05-01-08-03-06 Adult Residential Day Care $2,578

05-01-08-04-01 Home Nursing Services $73,758

Bureau of Behavioral Health

PAU Description Appropriation

05-01-09-04-01 Community Mental Health Centers $341,850

05-01-09-04-08 Emergency Shelters $30,772

Bureau of Developmental Services

PAU Description Appropriation

05-01-10-01 Developmental Services $764,740

This appropriation is in addition to any other funds appropriated to the department of health and human services. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

14 Rate Increase; Federal Funds. The department of health and human services shall provide a one-time one percent increase in rates paid to certain health and human services providers in fiscal year 2006 who do not receive the increase contained in section 13 of this act, but only to the extent the increase can be funded entirely from federal funds.

15 Additional Appropriation. The sum of $150,000 is hereby appropriated to the department of health and human services for the biennium ending JuneĀ 30, 2007, for the purpose of providing additional funds to certain health and human services providers for the increased cost of utilities, heating, and mileage. The amounts appropriated in this section shall be distributed by the commissioner at his or her discretion. The commissioner may distribute these funds to providers who also receive the rate increase provided for in section 13 of this act. The commissioner shall seek to distribute funds in a manner which shall provide the highest level of relief to providers most affected by the increased cost of utilities, heating, and mileage, and shall report to the fiscal committee of the general court within 60 days of the effective date of this act on the distribution of said funds. This appropriation is in addition to any other funds appropriated to the department of health and human services. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

16 New Paragraph; Property Rights Acquisition Authorized. Amend RSA 482:48 by inserting after paragraph V the following new paragraph:

VI. For a consideration of $1, the fish and game department is authorized to accept conveyance from the property owners of all water and property rights necessary to repair, maintain, and operate Big Brook Bog Dam in the town of Pittsburg, known as number 194.14, for the purpose of improving and controlling the water rights for the benefit of the state. The property rights the fish and game department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the properties are held by the state. The rights to be acquired shall include the right to maintain Big Brook Bog Dam in its historic configuration as it existed prior to February 1, 2003, or any other configuration beneficial to the state. The fish and game department may transfer rights in Big Brook Bog Dam under RSA 482:51 to the department for purposes of repair and maintenance.

17 Effective Date.

I. Section 1 of this act shall take effect July 1, 2006.

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

LBAO

06-2637

Amended 5/30/06

SB 364 FISCAL NOTE

AN ACT relative to funding of the fish and game search and rescue fund and making an appropriation therefor; repealing an appropriation for the fuel assistance program; making appropriations to certain departments for anticipated energy shortfalls; and authorizing the fish and game department to acquire property rights to Big Brook Bog Dam in Pittsburg.

FISCAL IMPACT:

The Fish and Game Department, Department of Health and Human Services and the Office of Legislative Budget Assistant state this bill, as amended by the House (Amendments #2006-2198h, #2006-1986h and #2006-2182h), will have the following fiscal impact: FY 2006, decrease state general fund expenditures by $5,699,017, increase federal expenditures by $190,789, increase restricted state highway fund expenditures by $1,386,011, increase other fund expenditures by $1,003,478 and increase state restricted fish and game revenue by $100,000; FY 2007, increase state general fund expenditures by $2,502,479, increase federal expenditures by $190,789, increase restricted state highway fund expenditures by $1,386,011, increase other fund expenditures by $1,003,478 and increase state restricted fish and game revenue by $100,000; and FY 2008 and each year thereafter, increase state general fund expenditures by $100,000 and increase state restricted fish and game revenue by $100,000. There is no fiscal impact on county and local revenue and expenditures.

This bill appropriates an amount equal to the fees collected from RSA 206:42,I. for registrations up to a total of $100,000 from the general fund to the fish and game special search and rescue fund in FY 2007 and each year thereafter.

This bill repeals the $10,000,000 appropriation from Chapter 298:5, Laws of 2005 to the Office of Energy and Planning for the Fuel Assistance Program for the fiscal year ending June 30, 2006.

This bill appropriates $2,402,479 in both FY 2006 and FY 2007 from the state general fund, $190,789 in both FY 2006 and 2007 from federal funds, $1,386,011 in both FY 2006 and 2007 from highway funds, and $1,003,478 in both FY 2006 and 2007 from other funds to various departments.

This bill also appropriates $1,898,504 from the general fund for the biennium ending June 30, 2007 to the Department of Health and Human Services.

METHODOLOGY:

The Fish and Game Department states that section 1 of this bill annually appropriates state general fund moneys into the fish and game search and rescue fund to match the $1 portion of private boat and OHRV registrations up to $100,000. In FY 2005, the $1 portion of the boat and OHRV registration fee totaled $190,945; $101,048 from boats, $89,897 from OHRVs. In FY 2006 (through 5/8/06), the fund had $140,697 in revenue; $71,823 from boats, $68,874 from OHRVs.

The Fish and Game Department indicates that section 16 of this bill clarifies the ownership of the Big Brook Bog Dam. The Department of Environmental Services Dam Bureau estimates that it will cost $280,000 to reconstruct the dam. This expenditure is not included in the above fiscal impact since the Department has an existing capital budget authorization in Chapter 259, Laws of 2005, to fund the reconstruction work.

Section 2 repeals the $10,000,000 general fund appropriation to the Office of Energy and Planning in FY 2006 contained in Chapter 298:5, Laws of 2005, thereby decreasing state general fund expenditures by $10,000,000 in FY 2006.

Sections 3 through 12 make appropriations in FY 2006 and 2007 to various departments for the anticipated energy expense shortfalls in state-owned buildings. The appropriations are as follows:

Fiscal Year 2006

General Federal Highway Other

Adjutant General $ 209,000 $ 0 $ 0 $ 0

Administrative Services 252,134 190,789 373,124 853,478

Department of Safety 0 0 212,887 0

DRED 16,000 0 0 0

Environmental Services 33,000 0 0 0

Corrections 1,030,000 0 0 0

Tech College System 757,345 0 0 0

Liquor Commission 105,000 0 0 0

DOT 0 0 800,000 0

Turnpikes 0 0 0 150,000

Total $2,402,479 $190,789 $1,386,011 $1,003,478

Fiscal Year 2007

Adjutant General $ 209,000 $ 0 $ 0 $ 0

Administrative Services 252,134 190,789 373,124 853,478

Department of Safety 0 0 212,887 0

DRED 16,000 0 0 0

Environmental Services 33,000 0 0 0

Corrections 1,030,000 0 0 0

Tech College System 757,345 0 0 0

Liquor Commission 105,000 0 0 0

DOT 0 0 800,000 0

Turnpikes 0 0 0 150,000

Total $2,402,479 $190,789 $1,386,011 $1,003,478

The Department of Health and Human Services states Section 13 appropriates $1,748,504 in general funds for one-time rate increases to certain providers to offset the increased costs of utilities, heating and mileage. Applicable federal and county matching funds would be accepted through the Fiscal Committee and Governor and Council if this bill is enacted. The Commissioner is required to set the new rates by August 1, 2006, and presumably the new rates will be implemented at that time. Implementation may be delayed depending upon the meeting schedules for Fiscal Committee and Governor and Council to authorize acceptance and expenditure of federal and other matching funds. The Office of Medicaid Business and Policy would increase mileage payments to an unknown number of transportation providers and individual providers of transportation in the aggregate amount of $6,000 by increasing the mileage rate from $0.405 to $0.409. The Division for Children, Youth and Families has four contracts that require Governor and Council approval in an indeterminate amount, and approximately 50 other provider rate adjustments to distribute the $151,000 for residential providers. Rates for foster care and adoptive homes would be increased nominally to distribute $92,000. The Division also has upwards of 600 child care providers who would share $257,000 through nominal rate increases. At the Bureau of Elderly and Adult Services, some 53 social services (not Medicaid) Governor and Council approved contracts would have to be amended to distribute $30,000 to home delivered meals and transportation, congregate housing and adult residential day care contractors. These amendment amounts would be nominal. Medicaid service providers of home nursing services would have their fee-for-service rates increased by a nominal amount (less than one percent) to distribute $73,000. The Bureau of Behavioral Health (11 community mental health centers and 8 peer support organizations) would share $341,000. Another $31,000 would be distributed to some 30 homeless and housing agencies. The community mental health center increases would presumably be in their fee-for-service Medicaid operations, thereby resulting in federal matching funds. The remaining peer support and homeless and housing services would require amendments to Governor and Council-approved contracts. The Bureau of Developmental Disabilities (10 area agencies and 1,200 certified residences) would share $764,000. Increases would be implemented by Governor and Council approved contract amendments or fee-for-service rate increases in Medicaid.

Section 14 instructs the Department of Health and Human Services to provide one-time one percent rate increases for SFY 2006 to providers who did not receive a rate increase in Section 13, above, and the increases shall be paid entirely with federal funds. The Department does not believe there are any federal funds available for this specific purpose.

Section 15 appropriates $150,000 in general funds for the biennium ending June 30, 2007 the Department of Health and Human Services for the purpose of providing additional funds to providers to offset the increased cost of utilities, heating and mileage. The Commissioner may make the distributions at his discretion and shall report to the Fiscal Committee on the distribution of these funds within thirty days of the effective date of this act. Applicable federal and county matching funds will be accepted through the Fiscal Committee and Governor and Council if this bill is enacted. The Department is unable to determine the adequacy of this appropriation or the demand for these funds.