Revision: April 9, 2009, midnight
HB 1-A – AS AMENDED BY THE HOUSE
08Apr2009… 1201h
2009 SESSION
01/09
HOUSE BILL 1-A
AN ACT making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2010 and June 30, 2011.
SPONSORS: Rep. M. Smith, Straf. 7
No analysis needed.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08Apr2009… 1201h
09-1048
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2010 and June 30, 2011.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1.08 Budget Footnotes; General.
A. Data Processing Services. The department of administrative services and the department of health and human services shall, prior to performing data processing services for any department, board, commission, institution or other agency, enter into a written agreement specifying in detail the services to be performed and the cost to the agency. Said agreement shall be binding on both agencies. Any change or modification in the services to be performed shall likewise be agreed to in writing and shall specify the change and the adjustment to the cost. Any dispute relative to such agreements shall be resolved by the department of justice. The provisions of this paragraph shall not permit any state department, board, commission, institution or other agency to contract for data processing services without the approval of the department of administrative services.
B. Revenue shall be deposited with the state treasurer as unrestricted revenue.
C. Revenue in excess of the estimate may be expended with prior approval of the fiscal committee and the approval of the governor and council.
D. The funds in this appropriation shall not be transferred or expended for any other purpose.
E. The funds in this appropriation are for general overhead state charges and such sums shall be transferred by the agency to the general fund of the state consistent with federal requirements.
F. This appropriation shall not lapse until June 30, 2011.
G. The funds in this appropriation shall not be transferred or expended for any other purpose and shall not lapse until June 30, 2011.
H. The funds in this appropriation shall not be transferred or used for any other purpose and shall not lapse until June 30, 2011. No additions or deletions may be made from those projects authorized for funding from the original maintenance survey except in an emergency situation and then only after consultation with the administrator of the department of transportation and approval by the commissioner of the department of administrative services.
I. In the event that estimated revenue is less than budgeted, the total appropriation shall be reduced by the amount of the shortfall in either actual or projected budgeted revenue. The agency head shall notify the bureau of accounting services forthwith, in writing, as to precisely which line item appropriation and in what specific amounts reductions are to be made in order to fully compensate for the total revenue deficits. The provisions of this footnote do not apply to federal funds covered by RSA 124:14.
J. This appropriation, to be administered by the commissioner, is for the necessary equipment needs of the department and shall be expended at the commissioner’s discretion.
K. The funds in this appropriation are for the lease of state-owned equipment from the department of transportation operations division, mechanical services bureau, and shall not be transferred or expended for any other purpose. Transfers may be made between funds appropriated in class 25 in other accounting units with prior approval of the capital budget overview committee and thereafter the fiscal committee and governor and council.
1.08 Budget Footnotes; General.
A. Data Processing Services. The department of administrative services and the department of health and human services shall, prior to performing data processing services for any department, board, commission, institution or other agency, enter into a written agreement specifying in detail the services to be performed and the cost to the agency. Said agreement shall be binding on both agencies. Any change or modification in the services to be performed shall likewise be agreed to in writing and shall specify the change and the adjustment to the cost. Any dispute relative to such agreements shall be resolved by the department of justice. The provisions of this paragraph shall not permit any state department, board, commission, institution or other agency to contract for data processing services without the approval of the department of administrative services.
B. Revenue shall be deposited with the state treasurer as unrestricted revenue.
C. Revenue in excess of the estimate may be expended with prior approval of the fiscal committee and the approval of the governor and council.
D. The funds in this appropriation shall not be transferred or expended for any other purpose.
E. The funds in this appropriation are for general overhead state charges and such sums shall be transferred by the agency to the general fund of the state consistent with federal requirements.
F. This appropriation shall not lapse until June 30, 2011.
G. The funds in this appropriation shall not be transferred or expended for any other purpose and shall not lapse until June 30, 2011.
H. The funds in this appropriation shall not be transferred or used for any other purpose and shall not lapse until June 30, 2011. No additions or deletions may be made from those projects authorized for funding from the original maintenance survey except in an emergency situation and then only after consultation with the administrator of the department of transportation and approval by the commissioner of the department of administrative services.
I. In the event that estimated revenue is less than budgeted, the total appropriation shall be reduced by the amount of the shortfall in either actual or projected budgeted revenue. The agency head shall notify the bureau of accounting services forthwith, in writing, as to precisely which line item appropriation and in what specific amounts reductions are to be made in order to fully compensate for the total revenue deficits. The provisions of this footnote do not apply to federal funds covered by RSA 124:14.
J. This appropriation, to be administered by the commissioner, is for the necessary equipment needs of the department and shall be expended at the commissioner’s discretion.
K. The funds in this appropriation are for the lease of state-owned equipment from the department of transportation operations division, mechanical services bureau, and shall not be transferred or expended for any other purpose. Transfers may be made between funds appropriated in class 25 in other accounting units with prior approval of the capital budget overview committee and thereafter the fiscal committee and governor and council.
2 General Fund and Total Appropriation Limits. The amounts included in section 1, (higher education fund), all university system 06-50 accounts, under estimated source of funds from general funds shall be the total appropriation from general funds for such accounting units that may be expended for the purpose of section 1 of this act. Any funds received by said agency from other than general funds are hereby appropriated for the use of the agency and may be expended by said agency whether or not this will result in an appropriation and expenditure by the agency in excess of the total appropriation therefor.
3 Assignment of Office Space. If, during the biennium ending June 30, 2011, because of program reductions, consolidations, or any other reason, office space becomes available in the health and human services complex, the Hayes building, or any other state building, except office space under the control of the legislature pursuant to RSA 14:14-b, the commissioner of administrative services shall, with the prior approval of the fiscal committee, and with the approval of the governor and council, require that any agency renting private space be required to occupy such available space in said building or buildings forthwith. Such funds as have been allocated or committed by any agency affected by this section for outside rental shall be transferred by the director of the division of accounting services to the bureau of general services, account 01-14-14-141510-2040 for maintenance of state buildings.
4 Lottery Commission; Authority Granted. For the biennium ending June 30, 2011, in order to provide sufficient funding to the lottery commission to carry out lottery programs that will provide funds for distribution in accordance with RSA 284:21-J, the commission shall apply to the fiscal committee of the general court for approval of any new lottery programs or for the purchase of any tickets for new or continuing games. Additionally, no expenditures for consultants shall be made without prior approval by the fiscal committee. If approved, the commission may then apply to the governor and council to transfer funds from the sweepstakes revenue special account. The total of such transfers shall not exceed $6,000,000 for the biennium ending June 30, 2011.
5 Positions Abolished.
I. The following positions are hereby abolished effective at the close of business on June 30, 2009, or later, as specifically indicated:
Office of Energy and Planning
01-02-02-024010-6400 16666
Department of Revenue Administration
01-84-84-840010-7884 43314, 43323
01-84-84-841010-5413 30529
01-84-84-8405-1301 14514
Board of Tax and Land Appeals
01-89-89-890010-1241 14588
Department of Safety
02-23-23-231010-3110 16713
Department of Corrections
02-46-46-463010-7120 13038
02-46-46-465010-8231 40892
02-46-46-463010-8232 12977, 12824
02-46-46-465010-8234 16264, 19904, 16266
02-46-46-467010-8238 12913, 13005, 16336, 16816, 16819, 16829, 16834, 16839, 16841, 16866, 16883, 16892, 18468, 18788, 18823, 18825, 19264, 19547, 19899, 19903, 19908, 19911, 19912, 19924, 19927, 19943, 19944, 19945, 19946, 19949, 19951, 30340, 30344, 30934, 40177, 40180, 40203, 40710, 40711, 40714, 40715, 40716, 40718, 40720, 40721, 40722, 40723, 40731, 40733, 40734, 40735, 40739, 40745, 40750, 40753, 40754, 40755, 40757, 40760, 40761, 42258, 42259, 16261, 16881, 19937, 40751, 40752, 40756
02-46-46-463010-7103 19909
02-46-46-463010-7113 12934, 42261, 9U367
02-46-46-463010-7141 19907
02-46-46-466010-7111 40724
Department of Resources & Economic Development
03-35-35-351010-3530 11485
Department of Environmental Services
03-44-44-443010-5495 42724
II. The following positions are hereby abolished effective at the close of business on June 30, 2010, or later, as specifically indicated:
Department of Health and Human Services
05-95-95-958210-5822 11632, 11665, 11670, 11732, 11737, 14947, 16529, 16533,
16537, 16541, 16543, 16544, 16545, 16550, 16555, 16556,
16557, 16559, 16560, 16564, 16565, 16568, 16572, 16573,
16576, 16578, 16639, 16648, 18594, 18599, 18601, 18602,
18603, 18604, 18606, 18607, 18608, 18609, 19446, 19447,
19456, 19457, 40788, 9U469
05-95-94-940010-8410 11708, 16354, 16462, 40378
6 Department of Health and Human Services; Reduction in Appropriation. In the event that estimated revenues in the aggregate are less than budgeted, during the biennium ending June 30, 2011, the total appropriations to the department of health and human services shall be reduced by the amount of the shortfall in either actual or projected revenue. The commissioner of the department of health and human services shall notify the bureau of accounting, forthwith, in writing, as to precisely which line item appropriation and in what specific amount reductions are to be made in order to fully compensate for the total revenue deficits.
7 Department of Health and Human Services; Division of Child Support Services; Payments to the Administrative Office of the Courts. The appropriation in account 05-95-95-957010-6128, class 49, includes funds for payment to the administrative office of the courts in accordance with the cooperative agreement between the division of child support services and the administrative office of the courts. The division of child support services and the administrative office of the courts shall, prior to payment of such funds, enter into a cooperative agreement specifying in detail the services to be performed by the administrative office of the courts and the estimated costs of such services. Any change or modification in the services to be performed shall likewise be agreed to in writing and specify the change and the adjustment to the costs. Funds appropriated for these purposes shall be paid only after demonstration by the administrative office of the courts that it consistently transmits court orders to the division of child support services in accordance with the cooperative agreement.
8 Department of Transportation; Highway Fund Reporting. For the biennium ending June 30, 2011, the commissioner of the department of transportation shall submit a report detailing the status of the highway fund balance to the fiscal committee of the general court and governor and council on a quarterly basis.
9 Department of Health and Human Services; Reduction in Appropriation. The department of health and human services is hereby directed to reduce state general fund appropriations for salary and benefits by $4,500,000 for the fiscal year ending June 30, 2010, and $9,300,000 for the fiscal year ending June 30, 2011. Any direct services to New Hampshire citizens shall be excluded from these reductions. The department shall provide a quarterly report of reductions made under this section to the fiscal committee of the general court and the governor and council.
10 Legislative Branch; General Fund Appropriation Reductions. The legislative branch shall reduce state general fund appropriations by $478,000 for the fiscal year ending June 30, 2010. The legislative accounting office shall notify the commissioner of administrative services of specific appropriations to be reduced by December 31, 2009.
11 Executive Council; General Fund Appropriation Reductions. The executive council shall reduce state general fund appropriations by $15,000 for the fiscal year ending June 30, 2010. The council shall notify the commissioner of administrative services of specific appropriations to be reduced by December 31, 2009.
12 Judicial Branch; Technology and Hardware; Software. If HB 609-FN-A of the 2009 legislative session becomes law, the funding source for class 37, technology and hardware, and class 38, technology software, in accounting unit 02-10-10-100010-1880 shall be changed from state general funds to agency income.
13 Department of Revenue Administration; General Fund Appropriation Reductions; Vacant Positions. The department of revenue administration shall reduce state general fund appropriations to personnel and benefit lines by $460,000 for the fiscal year ending June 30, 2010. Such reductions shall be attributable to vacant positions at the department. The department shall provide a bimonthly report of position and benefit reductions made under this section to the fiscal committee of the general court.
14 Department of Information Technology; Appropriation Reductions.
I. The department of information technology, in consultation with the department of administrative services, shall reduce class lines of the office by an amount that will result in reductions of appropriations for class 27 in the following funds for the fiscal years ending June 30, 2010 and June 30, 2011:
FY 2010
Total General Federal Highway Other Fish & Game Sweepstakes
$14,451,617 $6,154,152 $3,506,621 $2,912,919 $1,636,847 $185,558 $55,520
FY 2011
Total General Federal Highway Other Fish & Game Sweepstakes
$16,010,406 $6,917,263 $3,800,222 $3,271,181 $1,761,203 $199,257 $61,280
II. The department of information technology shall provide quarterly reports of reductions made under this section to the fiscal committee of the general court.
15 Department of Justice; General Fund Appropriation Reductions. The department of justice shall reduce state general fund appropriations by $325,216 for the fiscal year ending June 30, 2010 and $650,740 for the fiscal year ending June 30, 2011. The consumer protection bureau, accounting unit 02-20-20-2005-2611, shall not contribute a disproportionate share of the state general fund appropriation reduction required by this section. The department shall provide a quarterly report of reductions made under this section to the fiscal committee of the general court and the governor and council.
16 Department of Health and Human Services; Division for Children, Youth and Family; Reductions. The department of health and human services is hereby directed to reduce appropriations for accounting unit 05-95-40-400010-5800 by $552,591 for the fiscal year ending June 30, 2010, and by $598,772 for the fiscal year ending June 30, 2011. Of these reduction amounts, $276,296 shall be from state general fund appropriations for the fiscal year ending June 30, 2010, and $299,386 shall be from state general fund appropriations for the fiscal year ending June 30, 2011. The department shall provide a quarterly report of reductions made under this section to the fiscal committee of the general court and the governor and council.
17 Department of Health and Human Services; Glencliff Home; Reduction. The department of health and human services is hereby directed to reduce state general fund appropriations for the Glencliff home by $300,000 for the fiscal year ending June 30, 2010, and by $300,000 for the fiscal year ending June 30, 2011. The department shall provide a quarterly report of reductions made under this section to the fiscal committee of the general court and the governor and council.
18 Department of Health and Human Services; General Fund Appropriation Reductions. In addition to the reductions required pursuant to section 9 of this act, the department of health and human services shall reduce state general fund appropriations by $2,583,035 for the fiscal year ending June 30, 2010, and by $2,600,514 for the fiscal year ending June 30, 2011. In order to meet the required reductions, the department may consider utilizing federal Temporary Assistance to Needy Families (TANF) funds appropriated in accounting unit 05-95-45-450010-6146 to offset state general fund appropriations for the department as long as such action does not impede the department’s ability to satisfy the state’s maintenance of effort requirement under the TANF program. The department shall provide a bimonthly report of reductions made under this section to the fiscal committee of the general court.
19 Reduction In General Fund Appropriation.
I. The commissioner of administrative services in consultation with the administrative head of each department, agency, and branch, including the university system of New Hampshire shall reduce the general fund appropriations contained in section 1 of this act by 0.86 percent in fiscal year 2010 and 0.87 percent in fiscal year 2011.
II. General fund moneys appropriated for debt service payments shall be excluded from the total general fund appropriation for purposes of paragraph I.
III. Reductions under this section shall not be applied against any general fund appropriations that represent a state matching requirement.
IV. Beginning in August, 2009 and monthly thereafter, the commissioner of administrative services shall provide a report of the reductions made under this section to the fiscal committee of the general court.
20 Estimates of Unrestricted Revenue.
GENERAL FUND FY 2010 FY 2011
Business Profits Tax $231,800,000 $234,100,000
Business Enterprise Tax 68,800,000 69,500,000
Subtotal $300,600,000 $303,600,000
Meals & Rooms Tax 227,500,000 232,800,000
Tobacco Tax 53,200,000 51,600,000
Liquor Sales 148,900,000 153,400,000
Interest & Dividends Tax 125,000,000 153,000,000
Insurance Tax 88,300,000 91,600,000
Communications Tax 82,000,000 85,000,000
Real Estate Transfer Tax 53,400,000 58,200,000
Court Fines & Fees 20,100,000 20,400,000
Securities Revenue 34,000,000 34,000,000
Utility Consumption Tax 6,000,000 6,000,000
Board & Care Revenue 19,900,000 20,500,000
Beer Tax 12,800,000 12,800,000
Racing & Games of Chance 3,700,000 3,700,000
Other 54,600,000 54,300,000
Estate Tax 0 10,000,000
Tobacco Settlement Funds 9,400,000 10,000,000
Subtotal $1,239,400,000 $1,300,900,000
Medicaid Enhancement Tax 105,000,000 117,300,000
Medicaid Recoveries 26,800,000 27,600,000
Total $1,371,200,000 $1,445,800,000
EDUCATION TRUST FUND FY 2010 FY 2011
Business Profits Tax $49,800,000 $50,400,000
Business Enterprise Tax 137,700,000 139,100,000
Subtotal $187,500,000 $189,500,000
Meals & Rooms Tax 7,000,000 7,200,000
Tobacco Tax 132,400,000 125,100,000
Real Estate Transfer Tax 26,600,000 29,000,000
Transfer from Racing and Charitable Gaming 1,300,000 1,300,000
Transfer from Lottery Commission 76,600,000 80,400,000
Tobacco Settlement Funds 40,000,000 40,000,000
Utility Property Tax 25,000,000 26,000,000
State Property Tax 363,000,000 363,000,000
Total $859,400,000 $861,500,000
HIGHWAY FUND FY 2010 FY 2011
Road Toll $126,500,000 $126,500,000
Motor Vehicle Fees 111,200,000 105,100,000
Miscellaneous 19,200,000 19,200,000
Total $256,900,000 $250,800,000
FISH AND GAME FUND FY 2010 FY 2011
Fish & Game Licenses $8,300,000 $8,300,000
Fines & Miscellaneous 2,170,000 2,950,000
Total $10,470,000 $11,250,000
21 Effective Date. This act shall take effect July 1, 2009.