Revision: June 4, 2009, midnight
HB 2-FN-A-LOCAL – AS AMENDED BY THE SENATE
09Apr2009… 1197h
09Apr2009… 1235h
06/03/09 1996s
06/03/09 2058s
06/03/09 2066s
2009 SESSION
09/01
HOUSE BILL 2-FN-A-LOCAL
This bill:
1. Transfers $110,000,000 from the New Hampshire Medical Malpractice Joint Underwriting Association Post-1985 Account to the general fund.
2. Increases the tobacco tax.
3. Increases the meals and rooms tax.
4. Funds meals and rooms distributions to cities and towns for each fiscal year of the biennium ending June 30, 2011 at no more than the fiscal year 2009 level of distribution.
5. Suspends revenue sharing with cities and towns for the biennium ending June 30, 2011.
6. Authorizes the state to bond $40,000,000 of school building aid expenses in the capital budget for the 2009 fiscal year.
7. Increases the fees for motor vehicle records charged to insurance companies and drivers.
8. Authorizes the commissioner of safety to make certain personnel reallocations.
9. Allows the department of safety to transfer funds appropriated for the biennium ending June 30, 2011 within the budget of the division of state police.
10. Allows the commissioner of the department of health and human services to fill unfunded positions under certain circumstances.
11. Requires the commissioner of the department of health and human services and the commissioner of the department of revenue administrative services to renew their memorandum of understanding for the purpose of determining and reviewing eligibility for medical assistance pursuant to Titles XIX and XXI of the Social Security Act and Temporary Assistance to Needy Families.
12. Requires the bureau of behavioral health, department of health and human services, to maintain a limit on benefits for adults with low service utilization of community mental health services.
13. Amends the law regarding total billings to counties for the purposes of persons eligible to receive nursing home services.
14. Suspends the liquor revenues to the alcohol abuse prevention and treatment fund for the biennium ending June 30, 2011 and requires such revenues to be deposited into the liquor commission fund
15. Requires the department of health and human services to submit a Medicaid state plan amendment for the purposes of terminating direct graduate medical education payments to hospitals.
16. Requires the commissioner of the department of health and human services to adopt rules under RSA 541-A to adjust premiums for the State Children’s Health Insurance Program (SCHIP).
17. Requires the department of health and human services to submit a Medicaid state plan amendment for approval by the federal Centers of Medicare and Medicaid Services creating a Medicaid provider classification for critical access hospitals located in Coos county.
18. Requires the department of health and human services to establish a medical home pilot program.
19. Repeals the law relative to a Medicaid waiver to support the extension of Medicaid- allowable HIV/AIDS services.
20. Clarifies what moneys are to be credited to the lead poisoning prevention fund.
21. Establishes 7 unclassified pharmacist positions in the department of health and human services to replace classified pharmacist positions.
22. Changes the percentage of the amount appropriated for placement costs to be used for certain juvenile programs under the law regarding services for children, youth and families.
23. Suspends the residential child care facilities rate setting rule.
24. Eliminates certain reimbursements for transportation and for assigned counsel for delinquent children, children under the Child Protection Act, and children in need of services.
25. Suspends for the biennium laws relative to the funeral expenses to certain recipients of public assistance and certain other reimbursement for care of an assisted person.
26. Limits the ability of the department of health and human services to change program eligibility standards and rates in the biennium ending June 30, 2011.
27. Provides that, for the biennium ending June 30, 2011, the department of health and human services may accept and expend additional revenues above budgeted amounts for provider payments and certain other programs and services, subject to approval of the fiscal committee and governor and council.
28. Authorizes the department of health and human services to transfer funds within and among all PAUs within the department for certain purposes, subject to approval of the fiscal committee and governor and council.
29. Authorizes all departments to advertise requests for proposals and recruitment of personnel by using the Internet rather than traditional newspaper print media.
30. Increases the percentage of certain outstanding loan principal balances used to pay the costs of administering the state water pollution control and drinking water revolving loan funds.
31. Increases the fees for department review of subsurface plans and subdivisions and sewage and waste disposal systems.
32. Establishes the subsurface systems fund and the septage management fund.
33. Establishes a motor vehicle air pollution abatement fund, increases the fee for motor vehicle inspection stickers, transfers a portion of the fee to the general fund, and requires that a portion of the increase be used by the department of environmental services to reduce air pollution in the state from motor vehicles registered for on-road use.
34. Establishes different contribution rates for retirement members who are employees of the state based on whether the employee was hired on or before June 30, 2009, or after June 30, 2009.
35. Changes the state share of payment of the retirement system annual employer contribution and the provision that the state pay a share of the employer contribution for extra or special duty work of group II members in the retirement system.
36. Requires premium contribution amounts from retired state employees for retiree health insurance.
37. Changes the retirement system certification of the state cost of other post-employment benefits.
38. Consolidates certain district courts.
39. Creates a committee to evaluate the physical consolidation of the Claremont and Newport district courts and family division sites.
40. Establishes conditions under which a prisoner may be released from his or her state sentence and into the custody and control of the United States Immigration and Customs Enforcement, and specifies conditions for the prisoner’s return to the custody and control of the department of corrections.
41. Suspends bumping rights for classified employees and suspends the procedure for layoffs of permanent employees pursuant to administrative rule Per 1101.02 (d) until June 30, 2011.
42. Provides criteria for rehiring of laid off state employees.
43. Changes the amount of the reserve that the state is required to maintain to pay claims and administrative costs under a self-insured group health plan.
44. Establishes the position of deputy commissioner in the department of administrative services and provides that the position shall be unfunded for the biennium ending June 30, 2011, provided that the commissioner of the department of administrative services, if funding becomes available during the biennium, may request fiscal committee approval to fund the position.
45. Changes the letter grade classification for the director of plant and property management in the department of administrative services.
46. Allows the real estate commission to determine how to provide notice of any proposed rulemaking undertaken by the commission.
47. Creates a director of policy and administration in the department of transportation.
48. Authorizes the department of transportation to convey and the New Hampshire bureau of turnpikes to acquire, expand, and make improvements to a portion of I-95 in Portsmouth, defines certain highways, redefines the eastern New Hampshire turnpike, and increases the aggregate amount of bonds the state may issue.
49. Adds appropriations for the purpose of carrying out certain highway construction and improvement projects.
50. Authorizes the commissioner of the department of transportation to enter into discussions with other jurisdictions regarding reciprocal agreements to assist in the administration and enforcement of the E-Z pass system.
51. Authorizes the commissioner of transportation to request proposals to commercialize rest areas, welcome centers, and state liquor store sites along the highways and turnpikes.
52. Suspends the deposit of moneys collected from the sale of moose, bear, turkey, and waterfowl stamps, licenses, applications, and permits in the game management account. Such moneys shall be deposited in the fish and game fund and used for its general purposes.
53. Suspends any mandate for expenditure of funds during the 2010-2011 biennium for state government waste reduction, recycling, and recycled products purchase.
54. Sunsets all non-regulatory boards, commissions, councils, advisory committees, and task forces created by the legislature, by statute or rule, or by the executive branch, except the McAuliffe-Shepard discovery center commission. The bill requires the supreme court to eliminate non-essential judicial branch boards, commissions, councils, advisory committees, and task forces. The bill also establishes a committee to study the list of non-regulatory boards, commissions, councils, advisory committees, and task forces and make recommendations relative to which such entities shall be eliminated.
55. Establishes a committee to study the consolidation of administrative and adjudicative functions of boards, commissions, and councils regulating occupations and licensing professionals to provide for increased efficiency and cost savings.
56. Establishes the New Hampshire Workforce Opportunity Council within the department of resources and economic development.
57. Requires the insurance department to seek governor and council approval for an agreement with the university system of New Hampshire for support of the New Hampshire Citizens Health Initiative.
58. Requires the legislative branch and the judicial branch to lapse funds in connection with the implementation of the revised health benefit plan for unclassified and nonclassified state employees.
59. Allows the real estate commission to collect a handling charge for fees paid electronically.
60. Allows simulcasting without conducting live horse or dog racing.
61. Establishes the position of chief multi-state auditor for the department of revenue administration.
62. Establishes a judicial branch information technology fund to be funded by a percentage of court entry fees and by an increase in the penalty assessment on court fines. Modifies how certain fines received by the state are credited, and permits persons to pay certain motor vehicle fines directly to the department of safety by credit card.
63. Modifies the definition of beverage for purposes of the alcoholic beverage laws. This bill also changes the distribution of liquor commission revenue and makes organizational changes to the liquor commission.
64. Requires the department of safety and department of health and human services to negotiate a reduced fee for criminal record checks performed on behalf of the department of health and human services.
65. Requires the department of safety to impose a $100 fee for researching and correcting the criminal history record of a petitioner who is granted an annulment.
66. Establishes a recreational saltwater license issued by the fish and game department to individuals, charter boats, and party boats for taking finfish in coastal and estuarine waters.
67. Increases boating registration and license fees.
68. Requires the department of transportation to erect signs advertising state liquor stores.
69. Limits the average daily membership in attendance of chartered public schools for the 2010 and 2011 fiscal years, and provides that no new chartered public schools shall be approved by the state board of education between July 1, 2009 and June 30, 2011.
70. Requires the department of health and human services, division of family assistance, to issue a new request for proposals for transportation for the employment support program for the biennium ending June 30, 2011.
71. Requires the department of health and human services to prepare an amendment to the state Medicaid plan relative to the Medicaid classification for Children’s Hospital at Dartmouth-Hitchcock.
72. Requires the department of health and human services to submit a Medicaid state plan amendment relative to the criteria and procedures for catastrophic claims payments under Medicaid.
73. Requires that unused appropriations for nursing services and home health services be paid to providers.
74. Establishes a committee to study the transfer of liquor enforcement functions to the department of safety.
75. Authorizes the department of safety to charge a fee for certification of reduced ignition propensity cigarettes and provides that the funds shall be used to support fire safety education.
76. Adds cigars, excluding premium cigars, and snuff to the definition of tobacco products and increases the tax rate for tobacco products other than cigarettes.
77. Allows departments, agencies, and branches to transfer moneys from any class line, except for personnel and benefit class lines, within their approved budgets to class line 027 to fund information technology related projects which would not otherwise be funded.
78. Authorizes the department of information technology to transfer funds within and among its accounting units, subject to the approval of the fiscal committee of the general court.
79. Specifies the source of funds for court ordered representation in juvenile delinquency cases and for counsel appointed to represent an indigent parent who is alleged to have neglected or abused his or her child.
80. Establishes a division of community corrections within the department of corrections under the supervision of a director of community corrections.
81. Authorizes the supreme court to establish a fee to be imposed when a court extends the time for payment of a fine.
82. Changes the location requirement for the family division court in Sullivan County.
83. Transfers federally funded positions related to bioterrorism and public health emergency planning from the department of safety to the department of health and human services.
84. Increases the fee charged by the department of safety to nonresidents for a license to carry a concealed pistol or revolver.
85. Increases vanity plate service fees, requires payment of a vanity plate fee upon renewal, and eliminates references to the vanity plate fund.
86. Increases the amount of the state guarantee for school building bonds.
87. Authorizes the state treasurer to allocate subsidy payments received from the United States Treasury relating to the issuance of Build America Bonds to appropriate funds and accounts of the state.
88. Modifies fee requirements for certain food and beverage licenses.
89. Establishes and changes license fees under the health facility licensure law.
90. Requires the commissioner of health and human services to submit Medicaid state plan amendments to implement prior authorization of wheelchair van services, non-emergency ambulance services, occupational therapy services, and methadone clinic services.
91. Requires the department of health and human services to explore and implement the procurement of medical equipment and /or medical supplies in a manner that is cost efficient and maintains adequate access under the Medicaid state plan.
92. Requires the commissioner of the department of health and human services to submit a report to the oversight committee on health and human services by September 30, 2009, detailing administrative and reporting requirements for community mental health centers which may be suspended for the biennium ending June 30, 2011, without jeopardizing the public's health and safety.
93. Requires the commissioner of the department health and human services to perform an analysis of options for altering the operation of the hospital uncompensated care fund to optimize support for uncompensated care. The commissioner shall make a report to the oversight committee on health and human services on or before November 30, 2009.
94. Increases the fee for certain driver’s licenses and credits the increase for operator’s driver’s licenses to the highway and bridge betterment account.
95. Clarifies who must be licensed as a motor fuel and petroleum products transporter.
96. Continues certain executive orders freezing hiring, purchases, and travel.
97. Authorizes the commissioner of the department of transportation to enter into agreements to lease-purchase vehicles and equipment.
98. Declares that sums received by the department of transportation during the biennium ending June 30, 2011 from any federal program for emergency assistance shall be collected by the appropriate agency and appropriated to the department of transportation.
99. Requires certain administrative fines, penalties, and filing fees collected by the secretary of state to be deposited in the general fund. Currently such fines, penalties, and filing fees are deposited in the election fund. The bill also eliminates a restriction on expenditures from the election fund.
100. Requires the board of tax and land appeals to submit a report the general court regarding the board’s mission, caseloads, and proposals for increased efficiencies in board operations and costs.
101. Suspends the credits allowed for business enterprise taxes against the business profits tax for fiscal year 2011 only, but allows a 10-year carry forward for such credits.
102. Requires the department of administrative services to transfer funds from the workers’ compensation civil penalty employer coverage fund and workers’ compensation safety inspection fund to the general fund.
103. Allows video lottery gaming at up to 2 licensees in the north country selected by the lottery commission and at pari-mutuel locations.
104. Establishes the gaming enforcement division of the state police.
105. Allows video lottery gaming at licensed horse and dog racing tracks.
106. Allows municipalities to accept video lottery gaming in their municipalities by referendum or vote at town meetings.
107. Distributes certain proceeds from video lottery gaming to the general fund, the municipality in which the video lottery game takes place, the county in which the video lottery gaming takes place, the alcohol and drug abuse treatment fund for problem gambling, the department of resources and economic development, and the police standards and training council fund.
108. Requires the commissioner of the department of revenue administration to identify additional revenues that may be realized from modifications to the applicability of existing state taxes or the elimination of exemptions from existing state taxes, for implementation by the legislature.
109. Requires 50 percent of the funds received for the recording surcharge assessed by registers of deeds to be deposited in the trust fund for the land and community heritage investment program and 50 percent of such surcharge to be deposited in the general fund for the biennium ending June 30, 2011.
110. Requires the Pease development authority to make payments to the department of administrative services for its portion of indirect costs for centralized business services.
111. Establishes a committee to study the use of Glencliff Home and county and private nursing facilities for medically paroled inmates.
112. Makes changes to the Land Sales Full Disclosure Act, including making a violation of the act enforceable under the Consumer Protection Act; amending the requirements for a public offering statement; repealing certain provisions of the act; and making a knowing violation of the act a felony.
113. Makes various changes to the Condominium Act, including making a violation of the act enforceable under the Consumer Protection Act; repealing certain requirements relative to a condominium registration application and fee; amending the requirements for a public offering statement; requiring that the declarant of a condominium conversion include a copy of the relevant statutes with the public offering statement; and making a knowing violation of the act a felony.
114. Extends the supplemental allowance and certain temporary supplemental allowance provisions for retirement system beneficiaries one additional year to the fiscal year beginning July 1, 2009.
115. Creates a division of turnpikes and interstates in the department of transportation and requires aggregation of certain interstate highway segments with the turnpike system.
116. Authorizes the commissioner of the department of transportation to implement a frequent user discount for passenger cars and motorcycles using the E-Z Pass system.
117. Increases certain motor vehicle registration fees.
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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.
09Apr2009… 1197h
09Apr2009… 1235h
06/03/09 1996s
06/03/09 2058s
06/03/09 2066s
09-1049
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to state fees, funds, revenues and expenditures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Medical Malpractice Joint Underwriting Association; Transfer of Excess Surplus to General Fund.
I. Notwithstanding any other provision of law, the New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA), by and through its board of directors, and any person having responsibility and authority for the custody or investment of the assets of the NHMMJUA are hereby authorized and directed to transfer by June 30, 2009 the sum of $50,000,000, and by June 30, 2010 the additional sum of $30,000,000, and by June 30, 2011 the additional sum of $30,000,000 from the Post-1985 Account to the general fund. This sum shall be used for the purpose of supporting programs that promote access to needed health care for underserved persons.
II. The general court hereby finds that the funds held in surplus by the NHMMJUA in the Post-1985 Account are significantly in excess of the amount reasonably required to support its obligations as determined by the insurance commissioner. The general court further finds that the purpose of promoting access to needed health care would be better served through a transfer of the excess surplus of the Post-1985 Account to the general fund.
III. Notwithstanding any other provision of law, no state officer, nor any person with responsibility and authority for the custody or investment of the assets of the NHMMJUA, nor any member of the board of directors of the NHMMJUA, nor any attorney, accountant, advisor, consultant, or actuary who shall have been employed or retained by or shall have advised such persons shall incur or suffer any liability by reason of actions taken pursuant to this section, except for fraudulent acts, acts taken in bad faith, or wanton or reckless misconduct.
IV. Notwithstanding any other provision of law, the state shall hold harmless, defend, and indemnify any state officer, any person with responsibility and authority for the custody or investment of the assets of the NHMMJUA, any member of the board of directors of the NHMMJUA, and any attorney, accountant, advisor, consultant, or actuary who shall have been employed or retained by or shall have advised such persons against any claim, demand, suit, action, proceeding, or judgment arising out of or in connection with any transaction pursuant to this section; provided that such person or entity shall, within 7 days after the date on which such person or entity is served with or receives actual notice of any writ, complaint, petition, process, notice, demand, claim, or pleading, give notice thereof in writing to the attorney general. Upon such notice the attorney general shall determine whether the acts complained of were committed within the scope of official duty for the state, and that such acts were not fraudulent, taken in bad faith, wanton, or reckless; and if so determined, the attorney general shall represent and defend such person or entity with respect to such claim or throughout such action, or shall retain outside counsel to represent or defend such person; and the state shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the state shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising therefrom, provided such person or entity cooperates fully with such representation or defense.
2 Tobacco Tax; Rate Increased. Amend RSA 78:7 to read as follows:
78:7 Tax Imposed. A tax upon the retail consumer is hereby imposed at the rate of [$1.33] $1.78 for each package containing 20 cigarettes or at a rate proportional to such rate for packages containing more or less than 20 cigarettes, on all cigarettes sold at retail in this state. The payment of the tax shall be evidenced by affixing stamps to the smallest packages containing the cigarettes in which such products usually are sold at retail. The word “package” as used in this section shall not include individual cigarettes. No tax is imposed on any transactions, the taxation of which by this state is prohibited by the Constitution of the United States.
3 Tobacco Tax; Applicability. Section 2 of this act shall apply to all persons licensed under RSA 78:2. Such persons shall inventory all taxable tobacco products in their possession and file a report of such inventory with the department of revenue administration on a form prescribed by the commissioner within 20 days after the effective date of this act. The tax rate effective July 1, 2009 shall apply to such inventory. The inventory form shall be treated as a tax return for the purpose of computing penalties under RSA 21-J.
4 Meals and Rooms Tax; Rate Increased. Amend RSA 78-A:6 to read as follows:
78-A:6 Imposition of Tax.
I. A tax of [8] 8.75 percent of the rent is imposed upon each occupancy.
II. A tax is imposed on taxable meals based upon the charge therefor as follows:
(a) Three cents for a charge between $.36 and $.37 inclusive;
(b) Four cents for a charge between $.38 and $.50 inclusive;
(c) Five cents for a charge between $.51 and $.62 inclusive;
(d) Six cents for a charge between $.63 and $.75 inclusive;
(e) Seven cents for a charge between $.76 and $.87 inclusive;
(f) Eight cents for a charge between $.88 and $1.00 inclusive;
(g) Eight and 3/4 percent of the charge for taxable meals over $1.00, provided that fractions of cents shall be rounded up to the next whole cent.
II-a. A tax of [8] 8.75 percent is imposed upon the gross rental receipts of each rental.
III. The operator shall collect the taxes imposed by this section and shall pay them over to the state as provided in this chapter.
5 Meals and Rooms Tax; Distributions to Cities and Towns. Notwithstanding any provision of law, for each fiscal year of the biennium ending June 30, 2011, the state treasurer shall fund the distribution of revenue to cities and towns pursuant to the formula for determining the amount of revenue returnable to cities and towns under RSA 78-A:26, I and II at no more than the fiscal year 2009 level of distribution.
6 State Treasurer and State Accounts; Suspension of Revenue Sharing. Notwithstanding any provision of law, for the biennium ending June 30, 2011, the state treasurer shall suspend the distribution of revenue to cities and towns pursuant to the formula for determining the amount of revenue returnable to cities and towns under RSA 31-A.
7 Contingent School Building Aid Transfer; Fiscal Year 2009. Amend 2008S, 1:8 to read as follows:
1:8 Contingent School Building Aid Transfer; Fiscal Year 2009.
I. [In the event of a general fund unreserved, undesignated deficit at the close of fiscal year 2009 as determined by the official audit performed pursuant to RSA 21-I:8, I(h),] The commissioner of administrative services shall transfer appropriation authority and expenditures from the general fund to the capital fund related to the school building aid program pursuant to 2007, 262, PAU 06-03-02-02-02, in an amount equal to [the lesser of:
(a)] $40,000,000[; or
(b) The unreserved, undesignated deficit in the general fund on June 30, 2009].
II. The state treasurer is hereby authorized to borrow upon the credit of the state and may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A, in the amount transferred from the general fund to the capital fund for the school building aid program as provided in paragraph I. Payments of principal and interest on the bonds and notes shall be made from the general fund.
III. The bond authorization provided by paragraph II is intended to provide funds for a portion of the expenditure made in fiscal year 2009 pursuant to 2007, 262, PAU 06-03-02-02-02, for school building aid.
8 Copies of Motor Vehicle Records; Fees. Amend RSA 260:15, II to read as follows:
II. The department may issue a copy of any motor vehicle record upon the request of an insurance company or any other authorized agent, and notwithstanding RSA 91-A shall require payment by the insurance company or authorized agent of a fee of [$8] $12 for email or other computer-generated requests where payment is debited against an account established with the department, or $15 for all other requests, which shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
9 Motor Vehicle Record Fees. The provisions of section 8 of this act, relative to fees charged to insurance companies and authorized agents for copies of motor vehicle records, shall not affect fees charged by the department of safety under RSA 260:14, XIII or XV(b).
10 Fees Collected from Drivers. Amend RSA 263:42, II to read as follows:
II. For every certified copy of a registration, license, or driving record, [$10] $15, except that the commissioner shall waive the fee for local, state, and federal law enforcement and criminal justice agencies requesting such information for investigative purposes and may, for good cause, waive the fee in cases involving other government agencies or the public defender if the commissioner determines that such a waiver is in the public interest.
11 Department of Safety; Personnel Reallocations Authorized. For the biennium ending June 30, 2011, the commissioner of safety, whenever he or she deems it will improve the efficiency and effectiveness of the delivery of service within the department, may, with approval of the fiscal committee of the general court and governor and council and further subject to approval of the position classifications by the director of personnel, eliminate certain personnel positions that may become vacant during the biennium and establish in their place other personnel positions from the same funding source, provided the cost of the new positions does not exceed the amounts budgeted for the positions being eliminated. The commissioner of safety shall submit reports on or before December 1, 2009, June 30, 2010, and December 1, 2010 to the chairmen of the house and senate executive departments and administration committees on any actions taken as a result of this authorization.
12 Division of State Police; Transfers Authorized. Notwithstanding the provisions of RSA 9:16-a, RSA 9:17, RSA 9:17-a, and RSA 9:17-c, the commissioner of administrative services, upon the request of the commissioner of safety, is authorized to transfer within and among any and all components and class codes of the budget of the division of state police for the biennium ending June 30, 2011, regardless of funding source or mix, sufficient funds to cover overtime obligations for state police activities within the traffic bureau and detective bureau, witness fees, and the accompanying benefits. The total amount transferred shall not exceed $300,000. When making the transfers, every effort shall be made to maintain the original funding sources for the amounts transferred.
13 Department of Health and Human Services; Authority to Fill Unfunded Positions. Notwithstanding any provision of law to the contrary, the commissioner of the department of health and human services may fill unfunded positions during the biennium ending June 30, 2011, provided that the total expenditure for such positions shall not exceed the amount appropriated for personal services, permanent, and personal services, unclassified.
14 Department of Health and Human Services; Department of Revenue Administration; Medical Assistance; Memorandum of Understanding.
I. For the purpose of determining and reviewing eligibility for medical assistance pursuant to Titles XIX and XXI of the Social Security Act and eligibility for Temporary Assistance to Needy Families (TANF), the commissioner of the department of health and human services (DHHS) and the commissioner of the department of revenue administration (DRA) shall renew the existing memorandum of understanding for the period of July 1, 2009 through June 30, 2011 under which:
(a) DHHS may supply DRA with financial information of applicants for and recipients of Titles XIX or XXI medical assistance, or TANF.
(b) DRA shall verify the accuracy of such financial information to the applicant or recipient and not to DHHS.
(c) DRA shall notify DHHS that the verification has been provided to the applicant or recipient.
(d) DHHS shall request the DRA verification be furnished to the DHHS by the applicant or recipient.
(e) DHHS shall comply with all applicable laws for timely case processing.
II. Nothing in this arrangement shall be construed to change the protections of confidentiality provided to individuals and information relating to them under applicable laws, and DRA and DHHS each shall at all times maintain the confidential nature of the records in its possession.
III. DHHS and DRA shall report annually to the fiscal committee of the general court on the benefits and costs of this program.
15 Department of Health and Human Services; Bureau of Behavioral Health; Mental Health Low Utilizers and Prior Authorization. For the biennium ending June 30, 2011, the department of health and human services shall maintain a limit on benefits of $4,000 per person per year for adults with low service utilization of community mental health services, as identified in He-M 401.07; provided, that the department also shall establish, by rule under RSA 541-A, a procedure for such persons or community mental health providers to request a waiver of the $4,000 limit based on legitimate treatment considerations.
16 Department of Health and Human Services; Bureau of Elderly and Adult Services; County Payment of Funds for Persons Eligible to Receive Nursing Home Services; Limitation on County Payments. Amend RSA 167:18-a, II to read as follows:
II.(a) The total billings to all counties made pursuant to this section shall not exceed the amounts set forth below for state fiscal years 2009-[2010] 2012:
(1) State fiscal year 2009, $103,000,000.
(2) State fiscal year 2010, $105,000,000.
(3) State fiscal year 2011, $105,000,000.
(4) State fiscal year 2012, $105,000,000.
(b) The caps on total billings for fiscal years after fiscal year [2010] 2012 shall be established by the legislature [on a biennial basis].
17 Liquor Commission; Liquor Revenues to Alcohol Abuse Prevention and Treatment Fund Suspended. Notwithstanding RSA 176:16, II, for the biennium ending June 30, 2011, all gross revenue derived by the liquor commission from the sale of liquor and related products, or from license fees, shall be deposited into the liquor commission fund.
18 Department of Health and Human Services; Direct Graduate Medical Education. The commissioner shall submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to cease the provision of direct graduate medical education payments to hospitals as contemplated at 42 U.S.C. section 1396a(a)(30)(A) to be effective July 1, 2009. Upon approval of said state plan amendment, and as of the effective date of said state plan amendment, any obligations for payment of direct graduate medical education are terminated.
19 New Paragraph; Department of Health and Human Services; State Children’s Health Insurance Program. Amend RSA 126-A:3 by inserting after paragraph VII the following new paragraph:
VIII. The commissioner shall submit a Title XXI state plan amendment and adopt administrative rules pursuant to RSA 541-A for the purposes of increasing the State Children’s Health Insurance (SCHIP) premiums. For SCHIP recipients with income 185-249 percent of federal poverty limits the premium increase shall be $7 per month. For SCHIP recipients with income of 250-300 percent of current federal poverty limits the premium increase shall be $9 per month. Such Title XXI state plan amendment and administrative rules may be done in conjunction with any premium related state plan amendment and rules necessary to implement changes occasioned by SCHIP contract reprocurement.
20 Department of Health and Human Services; Medicaid State Plan Amendment; Medicaid Provider Classification for Certain Critical Access Hospitals. The department of health and human services shall submit a state plan amendment for approval by the federal Centers of Medicare and Medicaid Services creating a Medicaid provider classification for critical access hospitals located in Coos county to allow for differentiated reimbursement for maternity-related labor and delivery services to assure uninterrupted access to such services consistent with 42 C.F.R. section 447.253(b)(1)(ii)(C).
21 Department of Health and Human Services; Medical Home Pilot Program. The department of health and human services shall develop a medical home pilot program utilizing disease management funds available when the disease management contract ends and other such grant funds as may become available for this purpose. The department shall report to the health and human services oversight committee every 6 months commencing in October 2009 until the pilot concludes.
22 Repeal. RSA 126-A:4-d, relative to a Medicaid waiver to support the extension of Medicaid-allowable HIV/AIDS services, is repealed.
23 Department of Health and Human Services; Lead Poisoning Prevention Fund; Application of Receipts. Amend RSA 6:12, I(b)(51) to read as follows:
(51) The [fees] moneys collected under RSA 130-A, which shall be credited to the lead poisoning prevention fund established in RSA 130-A:15.
24 Department of Health and Human Services; Unclassified Positions Established.
I. The following positions are hereby established in the department of health and human services.
Department of health and human services chief pharmacist
Department of health and human services pharmacist (1)
Department of health and human services pharmacist (2)
Department of health and human services pharmacist (3)
Department of health and human services pharmacist (4)
Department of health and human services pharmacist (5)
Department of health and human services pharmacist (6)
II. The salary of these positions shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
III. The following classified positions are abolished no later than December 31, 2009 to allow for transition of these classified positions into the unclassified positions established by paragraph I:
chief pharmacist #15719
pharmacist #15704
pharmacist #15706
pharmacist #15741
pharmacist #15810
pharmacist #15831
pharmacist #16360
IV. The incumbents in the classified positions abolished by paragraph III shall be offered the opportunity to transfer into the unclassified positions established by paragraph I.
25 Department of Health and Human Services; Services for Children, Youth and Families; Incentive Funds. Amend RSA 170-G:4, XVI to read as follows:
XVI. Encourage cities, towns and counties to develop and maintain prevention programs, court diversion programs and alternative dispositions for juveniles other than placements outside of the home through the use of a formula which shall allow for the transfer of funds to cities, towns and counties which have, or are developing, prevention programs or alternatives for juvenile care. The amount to be distributed for this program shall be not less than [5 percent of the amount appropriated in fiscal year 1994 and not less than 6 percent in each fiscal year thereafter,] 4.5 percent of the annual amount appropriated to the department of health and human services for placement costs. The method of distribution shall be based upon rules adopted under RSA 541-A by the commissioner. For purposes of this paragraph, prevention programs shall include programs or activities for the prevention of child abuse and neglect.
26 Department of Health and Human Services; Suspension of Residential Rate Setting Rule. Notwithstanding any provision of the law or rule to the contrary, for the biennium ending June 30, 2011, He-C 6422 relative to the residential child care facilities rate setting is suspended. The base rate for residential providers for the biennium ending June 30, 2011 shall be the rate in effect on June 30, 2009.
27 Department of Health and Human Services; Delinquent Children; Accompanied Transportation. Amend RSA 169-B:40, I(b) to read as follows:
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services, or to expenses incurred for evaluation, care, and treatment of the minor at the Philbrook center or to expenses incurred for the cost of accompanied transportation.
28 Department of Health and Human Services; Child Protection Act; Accompanied Transportation. Amend RSA 169-C:27, I(b) to read as follows:
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services, or to expenses incurred for evaluation, care, and treatment of the child at the Philbrook center or to expenses incurred for the cost of accompanied transportation.
29 Department of Health and Human Services; Children in Need of Services; Accompanied Transportation. Amend RSA 169-D:29, I(b) to read as follows:
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services, or to expenses incurred for evaluation, care, and treatment of the child at the Philbrook center or to expenses incurred for the cost of accompanied transportation.
30 New Subparagraph; Delinquent Children; Liability of Expenses and Hearing on Liability. Amend RSA 169-B:40, I by inserting after subparagraph (e) the following new subparagraph:
(f) Notwithstanding any provision of law to the contrary, the department of health and human services shall have no responsibility for the payment of the cost of assigned counsel for any party under this chapter.
31 New Subparagraph; Child Protection Act; Liability of Expenses and Hearing on Liability. Amend RSA 169-C:27, I by inserting after subparagraph (e) the following new subparagraph:
(f) Notwithstanding any provision of law to the contrary, the department shall have no responsibility for the payment of the cost of assigned counsel for any party under this chapter.
32 Suspension. The following are suspended for each fiscal year of the biennium ending June 30, 2011:
I. RSA 167:3-c, III, relative to rulemaking for funeral expenses.
II. RSA 167:11, relative to funeral expenses to recipients of public assistance.
III. RSA 165:20, relative to reimbursement for aid to assisted persons.
33 Department of Health and Human Services; Program Eligibility; Additional Revenues; Transfer Among Accounts.
I. For the biennium ending June 30, 2011, the department of health and human services shall not authorize, without prior approval of the fiscal committee of the general court and governor and council, any change to program eligibility standards or benefit levels that might be expected to increase or decrease enrollment in the program or increase expenditures from any source of funds; provided, however, that no such prior approval shall be required if a change to a federal program in which the state is participating as of the effective date of this section is required by federal law.
II. Notwithstanding any provision of the law to the contrary, for the biennium ending June 30, 2011, the fiscal committee of the general court and the governor and council may authorize the commissioner of the department of health and human services to accept and expend additional revenues in excess of $50,000, that are in addition to the budgeted amounts, from any source, which become available to the department. Such additional revenues shall be available to the department of health and human services to supplement funds in the following programs and services: provider payments, provider rate increases, and any other program or service that requires deficit reduction or for which revenue has been specifically obtained to improve program operations; provided, that such improvements do not increase eligibility standards or benefit levels.
III. Notwithstanding the provisions of RSA 9:17-a or any other provision of law to the contrary except RSA 9:17-c, and subject to the approval of the fiscal committee of the general court and governor and council, for the biennium ending June 30, 2011, the commissioner of the department of health and human services is hereby authorized to transfer funds within and among all PAUs within the department, as the commissioner deems necessary and appropriate to address present or projected budget deficits, or to respond to changes in federal laws, regulations, or programs, and otherwise as necessary for the efficient management of the department, with the exception of class 60 transfers.
34 New Paragraph; Powers and Duties of Commissioners; Advertising. Amend RSA 21-G:9 by inserting after paragraph V the following new paragraph:
VI. Notwithstanding any other provision of law, administrative rule, or administrative process to the contrary, the commissioner may advertise requests for proposals and recruitment of personnel by using the Internet rather than traditional newspaper print media. The department shall regularly publish a notice in traditional print media referring prospective service providers and persons seeking state employment to the state’s website for detailed information about opportunities.
35 Repeal. RSA 126-A:5, XVI, relative to advertising by the department of health and human services, is repealed.
36 Department of Environmental Services; State Revolving Loan Fund; Administrative Fee Increase. Amend RSA 486:14(b) to read as follows:
(b) A sum equal to [one] 2 percent of all loan principal balances outstanding each year, which shall be an administrative charge, shall be set aside to be used by the department of environmental services to pay the costs of administering the state water pollution control and drinking water revolving loan funds. The funds set aside shall be deposited in nonlapsing water pollution control and drinking water loan administration funds and shall be continually appropriated to the department exclusively for the purposes of this section. If the sum of the administrative charge plus interest charge as established by rules of the department of environmental services based on market rates is less than 2 percent for a loan, then the administrative charge shall be equal to this sum and no interest charge shall be assessed on the loan.
37 Department of Environmental Services; Fees; Subsurface Systems Fund and Septage Management Fund. Amend RSA 485-A:30, I and I-a to read as follows:
I. Any person submitting plans and specifications for a subdivision of land shall pay to the department a fee of [$150] $300 per lot. Said fee shall be for reviewing such plans and specifications and making site inspections. Any person submitting plans and specifications for sewage or waste disposal systems shall pay to the department a fee of [$140] $290 for each system. Said fee shall be for reviewing such plans and specifications, making site inspections, the administration of sludge and septage management programs, and for establishing a system for electronic permitting for waste disposal systems, subdivision plans, and for permits and approvals under the department’s land regulation authority. The fees required by this paragraph shall be paid at the time said plans and specifications are submitted and shall be deposited [with the treasurer as unrestricted revenue] in the subsurface systems fund established in paragraph I-b. For the purposes of this paragraph, the term “lot” shall not include tent sites or travel trailer sites in recreational parks which are operated on a seasonal basis for not more than 9 months per year.
I-a. In addition to fees required under paragraph I, any person submitting plans and specifications for sewage or waste disposal systems shall pay to the department a fee of $10 for each system[. Said fee shall be for supporting a general-funded position at the department to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities. In the event and to the extent the department is able to use funds from sources other than the general fund to support the position, it shall receive from the general fund an amount equivalent to the fees collected under this paragraph, in addition to any other appropriations,] for use in the septage handling and treatment facilities grant program to municipalities under RSA 486:3, III. Until July 1, 2010, the fees required by this paragraph shall be paid at the time said plans and specifications are submitted and shall be deposited [with the state treasurer as unrestricted revenue] in the subsurface systems fund established in paragraph I-b. After July 1, 2010, the fees required by this paragraph shall be paid at the time said plans and specifications are submitted and shall be deposited in the septage management fund established in paragraph I-c.
I-b. There is hereby established the subsurface systems fund into which the fees collected under paragraph I shall be deposited. The fund shall be a separate, nonlapsing fund, continually appropriated to the department for the purpose of paying all costs and salaries associated with the subsurface systems program.
I-c. There is hereby established the septage management fund into which the fees collected under paragraph I-a shall be deposited. The fund shall be a separate, nonlapsing fund, continually appropriated to the department for the purpose of paying costs associated with the septage handling and treatment facilities grant program or for research, engineering analysis, or septage sampling and analysis by the department to advance septage management in the state of New Hampshire.
38 Permit Eligibility; Exemption. Amend RSA 485-A:35 to read as follows:
485-A:35 Permit Eligibility; Exemption.
I.(a) All applications, plans, and specifications submitted in accordance with this chapter for subsurface sewage or waste disposal systems shall be prepared and signed by the person who is directly responsible for them and who has a permit issued by the department to perform the work. The department shall issue a permit to any person who applies to the department, and pays a fee of $80 and who has demonstrated a sound working knowledge of the procedures and practices required in the site evaluation, design, and operation of subsurface sewage or waste disposal systems. The department shall require an oral or written examination or both to determine who may qualify for a permit. Permits shall be issued from January 1 and shall expire December 31 of every other year. Permits shall be renewable upon proper application, payment of a biennial fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). A permit issued to any person may be suspended, revoked or not renewed only for just cause and after the permit holder has had a full opportunity to be heard by the department. An appeal from a decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 541. All fees shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b.
(b) Permitted designers shall complete a minimum of 3 hours annually of continuing education approved by the department.
II. Any person who desires to submit plans and specifications for a sewage or waste disposal system for the person’s own domicile shall not be required to obtain a permit under this paragraph provided that the person attests to eligibility for this exemption in the application for construction approval. The commissioner shall adopt rules, prepared under the supervision of a professional engineer licensed to practice engineering in the state of New Hampshire, pursuant to RSA 541-A, relative to requiring a permit holder to be a licensed professional engineer with a civil or sanitary designation in order to submit applications for construction approval in certain complex situations. All fees collected pursuant to this [paragraph] section shall be deposited [with the state treasurer as unrestricted revenue] in the subsurface systems fund established in RSA 485-A:30, I-b.
39 System Installer Permit. Amend RSA 485-A:36, I(a) to read as follows:
I.(a) No person shall engage in the business of installing subsurface sewage or waste disposal systems under this subdivision without first obtaining an installer’s permit from the department. The permit holder shall be responsible for installing the subsurface sewage or waste disposal system in accordance with the intent of the approved plan. The department shall issue an installer’s permit to any person who submits an application provided by the department, pays a fee of $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans. The department shall require an oral or written examination or both to determine who may qualify for an installer’s permit. Individuals who have been actively engaged in the business of installing systems for at least 12 months prior to January 1, 1980, shall not be required to submit to such examination, but shall be issued a permit upon filing an application and paying the initial fee, if application is made before June 30, 1980. Permits shall be issued from January 1 and shall expire December 31 of every other year. Permits shall be renewable upon proper application, payment of a biennial fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). The installer’s permit may be suspended, revoked or not renewed for just cause, including, but not limited to, the installation of waste disposal systems in violation of this subdivision or the refusal by a permit holder to correct defective work. The department shall not suspend, revoke or refuse to renew a permit except for just cause until the permit holder has had an opportunity to be heard by the department. An appeal from such decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 21-O:14. All fees shall be deposited [with the state treasurer as unrestricted revenue] in the subsurface systems fund established in RSA 485-A:30, I-b.
40 New Subparagraphs; Dedicated Funds; Subsurface Systems Fund and Septage Management Fund Added. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraphs:
(277) Moneys deposited in the subsurface systems fund, under RSA 485-A:30, I-b.
(278) Moneys deposited in the septage management fund, under RSA 485-A:30, I-c.
41 New Subparagraph; General Revenue Exemptions; Motor Vehicle Air Pollution Abatement Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Funds deposited in the motor vehicle air pollution abatement fund established in RSA 125-S:3.
42 New Chapter; Motor Vehicle Air Pollution Abatement Fund. Amend RSA by inserting after chapter 125-R the following new chapter:
CHAPTER 125-S
MOTOR VEHICLE AIR POLLUTION ABATEMENT FUND
125-S:1 Purpose. The general court finds that emissions of air contaminants from motor vehicles represent a potential serious health problem to the citizens of New Hampshire and a threat to the air quality of the state. The purpose of this chapter is to establish a fund to be used for costs incurred by the department of environmental services in the prevention and abatement of emissions of air contaminants from motor vehicles registered for on-road use in the state of New Hampshire.
125-S:2 Definitions. In this chapter:
I. “Department” means the department of environmental services.
II. “Motor vehicle inspection fee” means the fee collected by the department of safety pursuant to RSA 266:2.
III. “Mobile source” means, for the purposes of this chapter, any motor vehicle registered for on-road use by the department of safety, division of motor vehicles.
125-S:3 Fund Established. There is established a motor vehicle air pollution abatement fund, which shall be administered by the department of environmental services. This fund shall be used for costs incurred by the department in the course of carrying out activities that are designed to reduce air pollution in the state from the mobile source sector. All fees and monetary grants, gifts, donations, or interest generated by these funds shall be deposited with the state treasurer in a special nonlapsing fund to be known as the motor vehicle air pollution abatement fund and shall be continually appropriated to the department for the administration of this chapter.
125-S:4 Fund Established; Collection. Funding for the motor vehicle air pollution abatement fund shall be from the portion of the motor vehicle inspection fee established by RSA 266:2.
43 Inspection Sticker Fees. Amend RSA 266:2 to read as follows:
266:2 Fees. The fee for inspection stickers shall be [$2.50] $3.25 for each sticker furnished an approved inspection station. The division shall transfer $.25 of each fee collected under this section to the motor vehicle air pollution abatement fund established by RSA 125-S:3 and $.25 of each fee collected under this section to the general fund. All unused stickers returned by the approved inspection station to the division shall be refundable at the rate of [$2.50] $3.25 each, except that unused stickers purchased from the division for a fee of $2.50 shall be refundable at the rate of $2.50 each.
44 New Hampshire Retirement System; Member Contribution Rates. Amend RSA 100-A:16, I(a) to read as follows:
I. MEMBER ANNUITY SAVINGS FUND.
(a) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, dependent upon the member's employment classification at the rate determined in accordance with the following table:
Employees of employers other than the state 5.00
Employees of the state hired on or before June 30, 2009 5.00
Employees of the state hired after June 30, 2009 7.00
Teachers 5.00
Permanent Policemen 9.30
Permanent Firemen 9.30
The board of trustees shall certify to the proper authority or officer responsible for making up the payroll of each employer, and such authority or officer shall cause to be deducted from the compensation of each member, except group II members with creditable service in excess of 40 years as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member. No deduction from earnable compensation under this paragraph shall apply to any group II member with creditable service in excess of 40 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), and this provision for such members shall not affect the method of determining average final compensation as provided in RSA 100-A:1, XVIII. In determining the amount earnable by a member in a payroll period, the board may consider the rate of compensation payable to such member on the first day of a payroll period as continuing throughout the payroll period and it may omit deduction from compensation for any period less than a full payroll period if such person was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed 1/10 of one percent of the annual earnable compensation upon the basis of which such deduction is made. The amounts deducted shall be reported to the board of trustees. Each of such amounts, when deducted, shall be paid to the retirement system at such times as may be designated by the board of trustees and credited to the individual account, in the member annuity savings fund, of the member from whose compensation the deduction was made.
45 New Paragraph; Retirement System; Definitions. Amend RSA 100-A:1 by inserting after paragraph XXXI the following new paragraph:
XXXII. “Extra or special duty” means member work activities or details for which the employer bills or charges another entity, in whole or in part, for the work activities or details provided.
46 Employer Contributions; State Payment; Group II Extra or Special Duty. Amend RSA 100-A:16, II(b)-(c) to read as follows:
(b) The contributions of each employer for benefits under the retirement system on account of group II members shall consist of a percentage of the earnable compensation of its members to be known as the “normal contribution,” and an additional amount to be known as the “accrued liability contribution;” provided that any employer, other than the state, shall pay [65] 70 percent of such total contributions for state fiscal year 2010, and [35] 30 percent thereof shall be paid by the state for state fiscal year 2010, and that beginning with state fiscal year 2011 any employer, other than the state, shall pay 75 percent of such total contributions, and 25 percent thereof shall be paid by the state, and that beginning with state fiscal year 2012, and every state fiscal year thereafter, any employer, other than the state, shall pay 65 percent of such total contributions, and 35 percent thereof shall be paid by the state; and provided that, in the case of compensation attributable to extra or special duty, the employer shall pay the full amount of such total contributions; and provided further that, in case of group II members employed by the state, the state shall pay both normal and accrued liability contributions. The rate percent of such normal contribution, including contributions on behalf of group II members whose group II creditable service is in excess of 40 years, in each instance shall be fixed on the basis of the liabilities of the system with respect to the particular members of the various member classifications as shown by actuarial valuations, except as provided in subparagraphs (h) and (i).
(c) The contributions of each employer for benefits under the retirement system on account of group I members shall consist of a percentage of the earnable compensation of its members to be known as the “normal contribution,” and an additional amount to be known as the “accrued liability contribution;” provided that, in the case of teachers, any employer, other than the state, shall pay [65] 70 percent of such total contributions for state fiscal year 2010, and [35] 30 percent thereof shall be paid by the state for state fiscal year 2010, and that beginning with state fiscal year 2011 any employer, other than the state, shall pay 75 percent of such total contributions, and 25 percent thereof shall be paid by the state, and that beginning with state fiscal year 2012, and every state fiscal year thereafter, any employer, other than the state, shall pay 65 percent of such total contributions, and 35 percent thereof shall be paid by the state; and provided further that in case of teacher members employed by the state the state shall pay both normal and accrued liability contributions. The rate percent of such normal contribution in each instance shall be fixed on the basis of the liabilities of the system with respect to the particular members of the various member classifications as shown by actuarial valuation, except as provided in subparagraphs (h) and (i).
47 New Paragraph; Employer Report; Extra or Special Duty. Amend RSA 100-A:16 by inserting after paragraph V the following new paragraph:
VI. Every employer shall report monthly to the retirement system all compensation of group II members that is attributable to extra or special duty. When an employer provides extra or special duty services, the employer shall include in its billing or charge to the entity for whom the extra or special duty is being provided the full amount of contributions required under RSA 100-A16, II(b) attributable to the extra or special duty. Notwithstanding any provision to the contrary, the employer shall be responsible for the full amount of employer contributions required under RSA 100-A16, II(b) attributable to extra or special duty.
48 New Paragraph; Retirement System; Retiree Health Insurance Premium Contribution. Amend RSA 100-A:54 by inserting after paragraph II the following new paragraph:
III. The retirement system shall deduct from the monthly retirement allowance of retired state employees under the age of 65 years receiving medical and surgical benefits provided pursuant to RSA 21-I:30, the premium contribution amounts of $65 per month for each such retiree and $65 per month for each applicable spouse; provided that the charge to each household shall not exceed $130 per month. Deducted amounts, which shall be in addition to and notwithstanding any amounts payable by the retirement system pursuant to RSA 100-A:52, RSA 100-A:52-a, and RSA 100-A:52-b, shall be deposited in the employee and retiree benefit risk management fund. In the event the retiree’s monthly allowance is insufficient to cover the certified contribution amount, the retirement system shall so notify the department of administrative services, which shall invoice and collect from the retiree the remaining contribution amount.
49 New Subparagraph; Retirement System; Certification of State Employer Contributions; Medical Subsidy Payment. Amend RSA 100-A:16, III by inserting after subparagraph (c) the following new subparagraph:
(d) Notwithstanding RSA 100-A:16, III(a), on or before June 1, 2009, the New Hampshire retirement system board of trustees shall certify to the commissioner of administrative services the amounts that will become due and payable by the state during the biennium beginning July 1, 2009 based upon a state employee group other post-employment benefit (OPEB) plan balance as of July 1, 2009 for the state medical plan subtrust of $0.00. Such certification shall in all other respects be based upon the data and assumptions used to calculate the state employer rate as certified in September 2008. In no event shall the board of trustees certify a rate in any subsequent year based upon payments made from the medical plan subtrust to the state prior to July 1, 2009.
50 District Courts; Judicial District Consolidation. Amend RSA 502-A:1 to read as follows:
502-A:1 Judicial Districts. A comprehensive system of judicial districts, each with a district court, is hereby organized, constituted and established as follows:
Rockingham County
I. PORTSMOUTH DISTRICT. The Portsmouth district shall consist of the city of Portsmouth and the towns of Newington, Greenland, Rye, and New Castle. The district court for the district shall be located in Portsmouth, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Portsmouth District Court.
II. HAMPTON-EXETER DISTRICT. The Hampton-Exeter district shall consist of the towns of Hampton, Hampton Falls, North Hampton, South Hampton, Seabrook, Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.
II-a. [Repealed.]
III. DERRY DISTRICT. The Derry district shall consist of the towns of Derry, Londonderry, Chester, and Sandown. The district court for the district shall be located in Derry, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Derry District Court.
IV. AUBURN-CANDIA-RAYMOND DISTRICT. The Auburn-Candia-Raymond district shall consist of the towns of Auburn, Candia, Deerfield, Nottingham, Raymond, and Northwood. The court shall be located in Auburn, Candia, or Raymond. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. The court shall bear the name of the town in which it is located.
V. SALEM DISTRICT. The Salem district shall consist of the towns of Salem and Windham in Rockingham county and the town of Pelham in Hillsborough county. The district court for the district shall be located in Salem, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Salem District Court.
VI. PLAISTOW DISTRICT. The Plaistow district shall consist of the towns of Plaistow, Hampstead, Kingston, Newton, Atkinson, and Danville. The district court for the district shall be located in Plaistow, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Plaistow District Court.
Strafford County
VII. DOVER-SOMERSWORTH-DURHAM DISTRICT. The Dover-Somersworth-Durham district shall consist of the cities of Dover and Somersworth and the towns of Rollinsford, Durham, Lee, and Madbury. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require.
VIII. ROCHESTER DISTRICT. The Rochester district court shall consist of the city of Rochester and the towns of Barrington, Milton, New Durham, Farmington, Strafford, and Middleton. The district court for the district shall be located in Rochester, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Rochester District Court.
Belknap County
IX. LACONIA DISTRICT. The Laconia district shall consist of the city of Laconia and the towns of Meredith, New Hampton, Gilford, Belmont, Alton, Gilmanton, Center Harbor, and Barnstead. The district court for the district shall be located in Laconia, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Laconia District Court.
Carroll County
X. DISTRICT COURT FOR NORTHERN CARROLL COUNTY. The district for northern Carroll county shall consist of the towns of Conway, Bartlett, Jackson, Eaton, Chatham, Hart’s Location, Albany, Madison and the unincorporated places of Hale’s Location, Cutt’s Grant, Hadley’s Purchase, and those portions of the towns of Waterville and Livermore within the watershed of the Saco River and its tributaries. The district court for the district shall be located in Conway, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the District Court for Northern Carroll County.
XI. DISTRICT COURT FOR SOUTHERN CARROLL COUNTY. The district for southern Carroll county shall consist of the towns of Ossipee, Tamworth, Freedom, Effingham, Wakefield, Wolfeboro, Brookfield, Tuftonboro, Moultonborough, and Sandwich. The court shall be located either in Ossipee or in Wolfeboro in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The name of the court shall be the District Court for Southern Carroll County.
Merrimack County
XII. CONCORD DISTRICT. The Concord district shall consist of the city of Concord, and the towns of Loudon, Canterbury, Dunbarton, Bow, Hopkinton, Pittsfield, Chichester, and Epsom. The district court for the district shall be located in Concord, holding sessions regularly there and elsewhere in the district as justice may require. The name of the court shall be Concord District Court.
XIII. HOOKSETT DISTRICT. The Hooksett district shall consist of the towns of Allenstown, Pembroke, and Hooksett. The district court for the district shall be located in Hooksett, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the Hooksett District Court.
XIV. FRANKLIN DISTRICT. The Franklin district shall consist of the city of Franklin and the towns of Northfield, Danbury, Andover, Boscawen, Salisbury, Hill, and Webster in Merrimack county and the towns of Sanbornton and Tilton in Belknap county. The district court for the district shall be located in Franklin, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Franklin District Court.
XV. HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, Sutton, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim, and Bennington in Hillsborough county. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. The court shall bear the name of the city or town in which it is located.
[XVI. NEW LONDON DISTRICT. The New London district shall consist of the towns of New London, Wilmot, Newbury, and Sutton. The district court for the district shall be located in New London, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be New London District Court.
XVII. [Repealed.] ]
Hillsborough County
[XVIII.] XVI. MANCHESTER DISTRICT. The Manchester district shall consist of the city of Manchester. The district court for the district shall be located in Manchester, holding sessions regularly therein as justice may require. The name of the court shall be Manchester District Court.
[XIX.] XVII. NASHUA DISTRICT. The Nashua district shall consist of the city of Nashua and the towns of Hudson and Hollis. The district court for the district shall be located in Nashua, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Nashua District Court.
[XX.] XVIII. MERRIMACK-MILFORD DISTRICT. The Merrimack-Milford district shall consist of the towns of Merrimack, Litchfield,[and] Bedford, Milford, Brookline, Amherst, Mason, Wilton, Lyndeborough, and Mont Vernon. The district court for the district shall be located in Merrimack, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the Merrimack District Court.
[XXI. MILFORD DISTRICT. The Milford district shall consist of the towns of Milford, Brookline, Amherst, Mason, Wilton, Lyndeborough, and Mont Vernon. The district court for the district shall be located in Milford, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Milford District Court.]
[XXII.] XIX. JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county and the towns of Jaffrey, Dublin, Fitzwilliam, and Rindge in Cheshire county. The district court for the district shall be located in Jaffrey or Peterborough, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Jaffrey-Peterborough District Court.
[XXIII.] XX. HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, Sutton, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim, and Bennington in Hillsborough county. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. The court shall bear the name of the city or town in which it is located.
[XXIV.] XXI. GOFFSTOWN DISTRICT. The Goffstown district shall consist of the towns of Goffstown, Weare, New Boston, and Francestown. The district court for the district shall be located in Goffstown, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Goffstown District Court.
Cheshire County
[XXV.] XXII. KEENE DISTRICT. The Keene district shall consist of the city of Keene and the towns of Stoddard, Westmoreland, Surry, Gilsum, Sullivan, Nelson, Roxbury, Marlow, Swanzey, Marlborough, Winchester, Richmond, Hinsdale, Harrisville, Walpole, Alstead, Troy, and Chesterfield. The district court for the district shall be located in Keene, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Keene District Court.
[XXVI.] XXIII. JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Jaffrey, Dublin, Fitzwilliam, [Troy] and Rindge in Cheshire county and the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county. The district court for the district shall be located in Jaffrey or Peterborough, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Jaffrey-Peterborough District Court.
Sullivan County
[XXVII.] XXIV. CLAREMONT-NEWPORT DISTRICT. The Claremont-Newport district shall consist of the city of Claremont and the towns of Cornish, Unity, Charlestown, Acworth, Langdon, Plainfield, Newport, Grantham, Croydon, Springfield, Sunapee, Goshen, Lempster, and Washington in Sullivan county and the towns of New London, Newbury, and Wilmot in Merrimack county. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.
[XXVII-a. [Repealed.]]
Grafton County
[XXVIII.] XXV. HANOVER-LEBANON DISTRICT. The Hanover-Lebanon district shall consist of the towns of Hanover, Orford, Lyme, Lebanon, Enfield, Canaan, Grafton, Dorchester, and Orange. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.
[XXIX.] XXVI. HAVERHILL DISTRICT. The Haverhill district shall consist of the towns of Haverhill, Bath, Landaff, Benton, Piermont, and Warren. The district court for the district shall be located in Haverhill, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Haverhill District Court.
[XXX.] XXVII. LITTLETON DISTRICT. The Littleton district shall consist of the towns of Littleton, Monroe, Lyman, Lisbon, Franconia, Bethlehem, Sugar Hill, and Easton. The district court for the district shall be located in Littleton, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Littleton District Court.
[XXXI.] XXVIII. PLYMOUTH-LINCOLN DISTRICT. The Plymouth-Lincoln district shall consist of the towns of Plymouth, Bristol, Groton, Wentworth, Rumney, Ellsworth, Thornton, Campton, Ashland, Hebron, Holderness, Bridgewater, Alexandria, Lincoln, Woodstock and those portions of the towns of Livermore and Waterville not within the watershed of the Saco River and its tributaries. The district court for the district shall be located in Plymouth, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Plymouth District Court.
Coos County
[XXXII.] XXIX. BERLIN-GORHAM DISTRICT. The Berlin-Gorham district shall consist of the city of Berlin and the towns of Gorham, Milan, Dummer, Shelburne, and Randolph and the unincorporated places of Cambridge, Success, Bean’s Purchase, Martin’s Location, Green’s Grant, Pinkham’s Grant, Sargent’s Purchase, Thompson and Meserve’s Purchase and Low and Burbank’s Grant. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.
[XXXIII. COLEBROOK DISTRICT. The Colebrook district shall consist of the towns of Colebrook, Pittsburg, Clarksville, Wentworth’s Location, Errol, Millsfield, Columbia, Stewartstown, and Stratford and the unincorporated places of Dix’s Grant, Atkinson and Gilmanton Academy Grant, Second College Grant, Dixville, Erving’s Location, and Odell. The district court for the district shall be located in Colebrook, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Colebrook District Court.]
[XXXIV.] XXX. LANCASTER-COLEBROOK DISTRICT. The Lancaster-Colebrook district shall consist of the towns of Lancaster, Stark, Northumberland, Carroll, Whitefield, Dalton [and], Jefferson, Colebrook, Pittsburg, Clarksville, Wentworth’s Location, Errol, Millsfield, Columbia, Stewartstown, and Stratford, and the unincorporated places of Kilkenny, Bean’s Grant, Chandler’s Purchase, [and] Crawford’s Purchase, Dix’s Grant, Atkinson and Gilmanton Academy Grant, Second College Grant, Dixville, Erving’s Location, and Odell. The district court for the district shall be located in Lancaster, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Lancaster District Court.
51 Committee Established. There is established a committee to evaluate the physical consolidation of the Claremont and Newport district courts and family division sites.
52 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
53 Duties. The committee shall evaluate the physical consolidation of the Claremont and Newport district courts and family division sites.
54 Chairperson; Quorum. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
55 Report. The committee shall report its findings and any recommendations for proposed legislation regarding the physical consolidation of the Claremont and Newport district courts and family division sites to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010.
56 New Paragraph; Discretionary Sentences; Release from State Prison. Amend RSA 651:25 by inserting after paragraph VI the following new paragraph:
VII.(a) The commissioner of corrections may release a prisoner who is serving a New Hampshire state sentence to the custody and control of the United States Immigration and Customs Enforcement if all of the following requirements are satisfied:
(1) The department of corrections receives an order of deportation for the prisoner from the United States Immigration and Customs Enforcement;
(2) The prisoner has served at least 1/3 of the minimum sentences imposed by the court;
(3) The prisoner was not convicted of a violent crime, or any crime of obstruction of justice, or sentenced to an extended term of imprisonment under RSA 651:6; and
(4) The prisoner was not convicted of a sexual offense as defined in RSA 651-B:1, V.
(b) If a prisoner who is released from his or her state sentence pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the commissioner of corrections shall revoke the prisoner’s release and immediately file a detainer seeking the prisoner’s return to the custody of the department of corrections to serve the remainder of his or her sentence.
57 Department of Administrative Services; Suspension of Bumping Rights. The displacement of classified state employees by more senior classified state employees, or so-called bumping, pursuant to administrative rule Per 1101.02 (i) through (l) under the authority of RSA 21-I:43 by the director of the division of personnel is hereby suspended from the effective date of this section to June 30, 2011. The procedure for layoffs of permanent employees pursuant to administrative rule Per 1101.02 (d), prohibiting the layoff of permanent employees while there are temporary fill-in, part-time, or probationary employees serving in the same class of position within the same division of the agency, is hereby suspended from the effective date of this section to June 30, 2011.
58 Rehiring of Laid Off State Employees.
I. For purposes of this section, “laid off” means any person who receives written notice of the state’s intent to lay him or her off or who is laid off between July 1, 2009 and June 30, 2011, as a result of reorganization or downsizing of state government.
II. It is the intent of the general court that any position which becomes available in a department or establishment, as defined in RSA 9:1, shall be filled, if possible, by a state employee laid off, as defined in paragraph I, if such person is not currently employed by the state of New Hampshire, if he or she meets the minimum qualifications for the position, and if the laid off employee does not receive a promotion as a result of the rehire.
III. The head of each department or agency shall submit the name and classification of any individual laid off between July 1, 2009 and June 30, 2011, to the director of the division of personnel within 10 days of the layoff.
59 State Employees Group Insurance; Restrictions on Self-Insured Plans. Amend RSA 21-I:30-b, I(a) to read as follows:
(a) [An amount] Five percent of estimated [to be necessary to pay] annual claims and administrative costs [for the assumed risk for one month] of the health plan; and
60 Department of Administrative Services; Commissioner; Directors. Amend RSA 21-I:2, II to read as follows:
II. The commissioner shall nominate for appointment by the governor, with the consent of the council, each division director, the assistant commissioner, the deputy commissioner, the internal auditor, the financial data manager and the senior operational analyst. The division directors, the assistant commissioner, the deputy commissioner, the internal auditor, the financial data manager and the senior operational analyst shall each serve for a term of 4 years.
61 New Section; Department of Administrative Services; Deputy Commissioner. Amend RSA 21-I by inserting after section 3-a the following new section:
21-I:3-b Deputy Commissioner.
I. The commissioner of administrative services shall nominate a deputy commissioner as provided in RSA 21-I:2, II. The deputy commissioner shall be qualified to hold that position by reason of education and experience. The deputy commissioner shall perform such duties as are assigned by the commissioner.
II. The salary of the deputy commissioner shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
62 Department of Administrative Services; Salary of Deputy Commissioner. The position of deputy commissioner established under RSA 21-I:3-b shall be unfunded for the biennium ending June 30, 2011. In the event funding becomes available during the biennium, the commissioner of the department of administrative services may request transfer approval authority from the fiscal committee of the general court, and if granted, shall transfer such funds to fund the position.
63 Compensation of Certain State Officers; Salaries Established. Amend RSA 94:1-a, I(b) as follows:
Delete:
GG Department of administrative services director of plant and property management
Insert:
HH Department of administrative services director of plant and property management
64 Real Estate Commission; Renewal Notice. Amend RSA 331-A:19, I to read as follows:
I. The commission shall mail each licensee a renewal [form] notice or, at the licensee’s request, the commission may provide the renewal [form] notice by other means acceptable to the commission, at least 60 days before expiration of the license.
65 Real Estate Commission; Rulemaking Notice. Amend RSA 331-A:7, VII to read as follows:
VII. Provide notice [in a publication of the commission sent by U.S. mail] to all persons licensed under this chapter of any proposed rulemaking undertaken by the commission, any changes to administrative rules adopted by the commission, and any pertinent changes in New Hampshire law. [The funds necessary for the printing, postage, and mailing of such notice shall be expended from funds of the commission not otherwise appropriated.]
66 New Section; Department of Transportation; Director of Policy and Administration. Amend RSA 21-L by inserting after section 5-a the following new section:
21-L:5-b Director of Policy and Administration.
I. There is established within the department a position of an unclassified director of policy and administration. The commissioner of transportation shall nominate a director of policy and administration for appointment by the governor, with consent of the council. The director shall serve a term of 4 years. The director shall be qualified to hold that position by reason of education and experience.
II. The director shall perform such duties as are assigned by the commissioner or deputy commissioner and, in accordance with applicable laws, shall administer the following:
(a) Bureau of human resources.
(b) Office of stewardship and compliance.
(c) Office of federal compliance.
(d) Office of hearings and legislation.
(e) Office of public information.
(f) Executive office administrative support.
III. The position of the director of policy and administration shall be unclassified. The salary of the director shall be determined after assessment and review of the appropriate temporary letter grade allocation for the position for inclusion in RSA 94:1-a, I(b), which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
67 Eastern New Hampshire Turnpike; Authority Granted. Amend the introductory paragraph of RSA 237:17 to read as follows:
237:17 Authority Granted. The commissioner of transportation, with the approval of the governor and council, shall locate and construct a continuous highway from a point on the Massachusetts-New Hampshire boundary in the town of Seabrook to a point on the New Hampshire-Maine boundary in the city of Portsmouth, and from [said point] the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the [city of Rochester] town of Milton, and shall operate and maintain said highway as a toll road as hereinafter provided.
68 Highways Named. Amend RSA 237:18 to read as follows:
237:18 Highways Named. The portion of the toll road from the Massachusetts-New Hampshire boundary in the town of Seabrook [connecting with route 1 in Maine] to a point on the New Hampshire-Maine boundary in the city of Portsmouth shall be designated as the Blue Star memorial highway as provided in chapter 115, Laws of 1949, and shall be located on the road as now constructed. That part of the said toll road from [a point] the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the [city of Rochester] town of Milton, shall be designated and named Spaulding turnpike.
69 New Section; Department of Transportation; Expansion of the Turnpike System. Amend RSA 237 by inserting after section 49-a the following new section:
237:50 Acquisition; Authority Granted.
I. The department of transportation, acting by and on behalf of the state, is hereby authorized to convey to the bureau of turnpikes, and the bureau of turnpikes is authorized to acquire from the state, a portion of Interstate Route 95 in the city of Portsmouth for the sum of $120,000,000 and on such other terms and provisions as the commissioner of transportation and the bureau of turnpikes determine are reasonable or necessary to complete the acquisition. The bureau of turnpikes is authorized to acquire, expand, and make improvements to the eastern New Hampshire turnpike from the northerly expansion joint of the Interstate Route 95 bridge over the Spaulding turnpike, U.S. Route 4, and N.H. Route 16 (bridge No. 197/122) north to a point on the New Hampshire-Maine boundary in the city of Portsmouth, such improvements to include the installation of open road tolling for the toll on Interstate Route 95 in Hampton.
II. The bureau of turnpikes shall operate and maintain this section of highway, which shall become part of the eastern New Hampshire turnpike under RSA 237:17 and the Blue Star turnpike under RSA 237:18.
III. Acquisition and expansion of the eastern New Hampshire turnpike system for $120,000,000 plus interest shall be at the state borrowing rate to be paid over a maximum 20-year term to the highway fund from the turnpike reserves under terms and conditions to be determined by the commissioner of transportation.
IV. The high level bridge on Interstate Route 95 over the Piscataqua River is eligible for federal funds and state highway funds. In the event of emergency repairs or repair to damage from a catastrophic event, the department of transportation, rather than the bureau of turnpikes, shall remain liable for such repairs to the high level bridge.
70 Issuance of Revenue Bonds. Amend RSA 237-A:2 to read as follows:
237-A:2 Issuance of Revenue Bonds. The state may issue bonds under this chapter to be known as “turnpike system revenue bonds.” The bonds may be issued from time to time for the purpose of financing the project costs of construction of any turnpike or of paying or refunding any bonds issued pursuant to RSA 237 or interest thereon. Any such bonds issued to pay or refund bonds issued pursuant to RSA 237 or interest thereon may be issued in sufficient amount to cover items described in RSA 237-A:7. Bonds issued hereunder shall be special obligations of the state and the principal of, premium, if any, and interest on all bonds shall be payable solely from the particular funds provided therefor under this chapter. The bonds shall be issued by the treasurer in such amounts as the governor and council shall determine, not exceeding in the aggregate [$586,050,000] $766,050,000. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker’s loan rate or other method as may be determined by the treasurer, and shall mature at such time or times as may be determined by the treasurer, except that no bond shall mature more than 40 years from the date of its issue. Bonds may be made redeemable before maturity either at the option of the state or at the option of the holder, or on the occurrence of specified events, at such price or prices and under such terms and conditions as may be fixed by the treasurer prior to the issue of bonds. The treasurer shall determine the form and details of bonds. Subject to RSA 93-A, the bonds shall be signed by the treasurer and countersigned by the governor. The bonds may be sold in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at such discount in lieu of interest, as the treasurer may determine.
71 Department of Transportation; Turnpike System Funds. Amend RSA 237:7, I(a) to read as follows:
(a) Improvements to the Blue Star memorial highway.
RSA 237:2, I, IX. [55,800,000] 70,000,000
72 Department of Transportation; Turnpike System Funds. Amend RSA 237:7, I(k) to read as follows:
(k) Toll collection equipment. RSA 237:2, VIII, IX. [39,000,000] 119,000,000
73 Department of Transportation; Turnpike System Funds. Amend RSA 237:7, I(m) to read as follows:
(m) Construction of a second barrel from exits 12 to 16
on the Spaulding Turnpike with related interchange
improvements from exits 11 to 16. RSA 237:2, IX. [138,200,000] 160,000,000
74 New Subparagraphs; Department of Transportation; Turnpike System Funds. Amend RSA 237:7, I by inserting after subparagraph (o) the following new subparagraphs:
(p) Acquisition of a 1.6 mile section of I-95. 120,000,000
(q) Repairs and improvements to the bridge on N.H. 107 over I-95 in Seabrook. 2,000,000
(r) Construction of the Newington-Dover Little Bay Bridge project. 275,000,000
(s) Construction of noise barriers along I-95 in Portsmouth. 1,000,000
75 New Paragraph; Turnpike System; Authority. Amend RSA 237:2 by inserting after paragraph IX the following new paragraph:
X. Acquire, expand, and make improvements to the eastern New Hampshire turnpike from the northerly expansion joint of the Interstate Route 95 bridge over the Spaulding turnpike, U.S. Route 4 and N.H. Route 16 (bridge No. 197/122) north to a point on the New Hampshire-Maine border in the city of Portsmouth, said improvements to include the installation of open road tolling for the toll currently on Interstate Route 95 in the town of Hampton.
76 New Paragraph; E-Z Pass Operations Interagency Agreement. Amend RSA 237:16-c by inserting after paragraph III the following new paragraph:
IV. The commissioner may enter into discussions with other state jurisdictions to create reciprocal agreements for the enforcement and collection of tolls and administrative fees due under the E-Z Pass system. The departments of transportation and safety may release driver’s and owner’s information to other jurisdictions relative to enforcement or collection of tolls and may take such other action as is necessary to effectuate the reciprocal enforcement agreements.
77 Department of Transportation; Welcome Centers. In order to better serve the public while utilizing revenue-generating opportunities, the general court supports the idea of commercializing the rest areas, welcome centers, and state liquor store sites along the highways and turnpikes. The commissioner of the department of transportation is authorized to issue requests for proposals relative to the sale, lease, or concession of these areas, including the use of public/private partnerships to develop and reconstruct the rest areas, welcome areas, and state liquor store sites along the turnpikes and highways as may be necessary to provide full service centers with food, liquor sales, gas, and other retail goods and services for the traveling public. Any proposal accepted by the commissioner under this section shall be submitted for approval in accordance with laws governing the disposition of state-owned real estate.
78 Fish and Game Department; Game Management Account. Notwithstanding RSA 206:34-b or any other provision of law, for the biennium ending June 30, 2011, all moneys collected from the sale of moose, bear, turkey, and waterfowl stamps, licenses, applications, and permits shall be deposited in the fish and game fund and shall be used for the purposes specified in RSA 206:34-a.
79 State Government Waste Reduction, Recycling, and Recycled Products Purchase; Plan for State Recycling Program. Amend 2008, 359:1 to read as follows:
359:1 Plan for State Recycling Program. This act is a plan for the state recycling program and shall not mandate the expenditure of funds during the 2008-2009 [biennium] and 2010-2011 bienniums.
80 Boards, Commissions, and Councils; Expiration Date.
I.(a) Except as provided in subparagraph (b), all non-regulatory boards, commissions, councils, advisory committees, and task forces in state government created by statute or administrative rule shall expire on June 30, 2011, unless reinstated by the general court. The office of legislative services shall provide a list of all such boards, commissions, councils, advisory committees, and task forces in state government created by statute or administrative rule to the speaker of the house of representatives, the senate president, and the governor on or before September 30, 2009.
(b) The McAuliffe-Shepard discovery center commission shall be exempt from the provisions of subparagraph (a).
(c) All non-regulatory boards, commissions, councils, advisory committees, and task forces created by executive order, or by a department, agency, or administratively-attached agency in the executive branch, shall expire on June 30, 2011, unless reinstated by the governor. Each commissioner or agency head shall provide a list of all such boards, commissions, councils, advisory committees, and task forces created by the department, agency, or administratively attached agency to the governor on or before September 30, 2009. For each advisory committee listed that was not created by statute, the commissioner or agency head shall identify whether the advisory committee was established in accordance with RSA 21-G:11.
(d) The supreme court shall conduct a review of all boards, commissions, councils, advisory committees, and task forces created by the judicial branch or by court order and shall eliminate non-essential boards, commissions, councils, advisory committees, and task forces on or before June 30, 2011.
II.(a) There is established a committee to study the list of non-regulatory boards, commissions, councils, advisory committees, and task forces under paragraph I.
(b) The members of the committee shall be as follows:
(1) Two members of the senate, appointed by the president of the senate.
(2) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(c) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
(d) The committee shall study the list of non-regulatory boards, commissions, councils, advisory committees, and task forces under paragraph I and shall make recommendations relative to which such entities shall be eliminated.
(e) The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
(f) The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2010.
81 Committee on Consolidation of Boards, Commissions, and Councils Established.
I. There is established a committee to study the consolidation of administrative and adjudicative functions of boards, commissions, and councils regulating occupations and licensing professionals to provide for increased efficiency and cost savings.
II. The members of the committee shall be as follows:
(a) Six members of the house of representatives, 3 of whom shall be members of the finance committee and 3 of whom shall be members of the executive departments and administration committee, appointed by the speaker of the house of representatives.
(b) Two members of the senate, one of whom shall be a member of the finance committee and one of whom shall be a member of the executive departments and administration committee, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study how to enhance the administrative efficiency of occupational licensing boards. In conducting the study, the committee shall consider how greater efficiency can be achieved in the following areas:
(a) The relationship between the boards and the agencies to which the boards are attached;
(b) The relationship between the administrative prosecutions unit, department of justice, and the boards and the development of uniform access to investigative assistance and legal assistance with prosecutions;
(c) The relationship between the civil bureau, department of justice, and the boards and the development of uniform access to legal assistance with board procedural issues;
(d) The relationship between the rules and procedures unit, department of administrative services, and the boards;
(e) Consolidation of or uniformity in the administrative functions of the boards, including but not limited to, purchasing, personnel management, database design, and website design;
(f) Physically grouping some boards together with shared staff and office and meeting space;
(g) Creating a new department of professional regulation that includes all occupational licensing boards;
(h) Any other areas deemed necessary by the committee.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Five members of the committee shall constitute a quorum.
VI. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009.
82 New Section; Department of Resources and Economic Development; Workforce Development. Amend RSA 12-A by inserting after section 2-i the following new section:
12-A:2-j Workforce Development. The commissioner of the department of resources and economic development shall plan, develop, and administer workforce investment activities, programs, and grants under the federal Workforce Investment Act of 1998, 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time, and shall discharge the day-to-day operational responsibilities and obligations of the New Hampshire Workforce Opportunity Council established under RSA 12-A:60. The commissioner shall coordinate with the New Hampshire Workforce Opportunity Council to promote state and local investment systems that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation.
83 New Paragraph; Powers of the Director of Economic Development. Amend RSA 12-A:22 by inserting after subparagraph IX the following new paragraph:
X. Plan, develop, and administer programs to assist in the implementation of the Workforce Investment Act of 1998, 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time, implement the state plan established by the governor and the Workforce Opportunity Council, and perform the following additional functions:
(a) Through the Youth Council, select youth providers of training services in the local areas.
(b) Identify eligible providers of training services in the local area.
(c) Identify eligible providers of intensive services, if not otherwise provided by the One-Stop operator.
(d) Develop a budget for carrying out the duties of the Workforce Opportunity Council, subject to the approval of the commissioner.
(e) Oversee local programs of youth activities, local employment, and training service.
(f) Establish, in conjunction with the commissioner, local performance measures.
(g) Assist the commissioner in developing statewide employment statistics systems described in the Wagner-Peyser Act.
(h) Coordinate workforce investment activities authorized and implemented within the state with economic development strategies, and develop the employer linkages with such activities.
(i) Make available to the public, on a regular basis through open meetings, information regarding Workforce Opportunity Council activities including information regarding the state plan prior to its submission, and information regarding membership, the designation and certification of One-Stop operators and the award of grants or contracts to eligible providers of youth activities and, as requested, minutes of formal meetings of the Workforce Opportunity Council.
(j) Review the operation of programs and the availability, responsiveness, and adequacy of state services, and make recommendations to the governor, appropriate chief elected officials, service providers, the legislature, and general public with respect to steps to improve the effectiveness of these services and programs.
(k) Review plans of all state agencies providing employment training, and related services, and provide comments and recommendations to the governor, the legislature, the state agencies and appropriate federal agencies on the relevancy and effectiveness of employment and training and related services delivery system in the state.
84 New Subdivision; Department of Resources and Economic Development; New Hampshire Workforce Opportunity Council; Workforce Opportunity Fund. Amend RSA 12-A by inserting after section 59 the following new subdivision:
New Hampshire Workforce Opportunity Council
12-A:60 New Hampshire Workforce Opportunity Council.
I. There is established a New Hampshire Workforce Opportunity Council.
II. Membership of the council shall be as set forth in section 111(b) of the Workforce Investment Act of 1998, Public Law 105-220, codified at 29 U.S.C. section 2801 et seq., as such may be amended, reauthorized, and in effect from time to time. Members of the council shall be appointed by the governor and shall serve at the pleasure of the governor. The governor shall select a chairperson for the council from among the members of the council, in accordance with 29 U.S.C. section 2821(c).
III. The council shall meet no less frequently than semi-annually, shall have the powers and responsibilities of the state workforce investment board under the Workforce Investment Act of 1998, and shall assist the governor in:
(a) Development of the state plan required under section 112 of the Workforce Investment Act of 1998.
(b) Development and continuous improvement of a statewide system of activities that are funded under this subdivision or carried out through a One-Stop delivery system described in section 134c of the Workforce Investment Act of 1998, that receives funds under that act, including:
(1) Development of linkages in order to assure coordination and non-duplication among the programs and activities described in section 121(b) of the Workforce Investment Act of 1998; and
(2) Review of local plans under the Workforce Investment Act of 1998, if any.
(c) Commenting at least once annually on the measures taken pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act, 20 U.S.C. section 2323(b)(3).
(d) Designation of local areas as required in section 116 of the Workforce Investment Act of 1998.
(e) Development of the allocation formulas for the distribution of funds for adult employment and training activities and youth activities to local areas as permitted under sections 128(b)(3)(B) and 133(b)(3)(B) of the Workforce Investment Act of 1998.
(f) Development and continuous improvement of comprehensive state performance measures including state adjusted levels of performance, to assess the effectiveness of the workforce investment activities in the state as required under section 136(b) of the Workforce Investment Act of 1998.
(g) Preparation of the annual report to the United States Secretary of Labor described in section 136(d) of the Workforce Investment Act of 1998.
(h) Development of the statewide employment statistics system described in section 15(e) of the Wagner-Peyser Act.
(i) Development of an application for an incentive grant under 20 U.S.C. section 9273.
12-A:61 New Hampshire Workforce Opportunity Fund.
I. There is hereby established the New Hampshire workforce opportunity fund which shall be nonlapsing, continually appropriated to, and administered by the commissioner of the department of resources and economic development. Said fund shall be for the purpose of receiving financial assistance under the Workforce Investment Act of 1998 and providing funds for grants and other workforce development initiatives.
II. The fund shall be distributed or expended by the commissioner after consultation with the New Hampshire Workforce Opportunity Council established in RSA 12-A:60 and the approval of the governor and council for any of the following purposes:
(a) Workforce Investment Act Adult and Dislocated Worker programs.
(b) Workforce Investment Act Youth programs.
(c) Workforce Investment Act Senior Community Service Employment programs.
(d) Workforce Investment Act Disability programs.
(e) Workforce Investment Act Regional Innovation and National Emergency grant programs.
(f) Other projects, programs or grants recognized as being beneficial to workforce development initiatives and consistent with the goals of the Workforce Investment Act.
III.(a) The department may accept gifts, grants, donations, or other moneys for the purposes of this section. Said moneys shall be deposited into the New Hampshire workforce opportunity fund.
(b) The commissioner may enter into contracts and agreements and may take other actions that may be necessary or desirable to effect the transfer to it of operations currently conducted by The Workforce Opportunity Council, Inc. or the New Hampshire Workforce Opportunity Council under the Workforce Investment Act, and to effect the transfer of assets utilized by them in doing so; and, the commissioner may assume, bear, and agree to perform those contracts of the Workforce Opportunity Council, Inc. or the New Hampshire Workforce Opportunity Council that may be necessary or desirable for carrying out the purposes of this section.
IV. The commissioner of the department of resources and economic development shall have the authority to enter into such agreements for leasing real property, acquiring goods, and engaging services to perform Rapid Response activities in accordance with this subdivision. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such agreements and amounts expended pursuant thereto. Such agreements shall be made pursuant to forms of agreement that shall be approved by governor and council which forms of agreement have been reviewed by the attorney general and the commissioner of the department of administrative services.
V. In accordance with RSA 12-A:51-58, the commissioner of resources and economic development shall have the authority to make grants to New Hampshire employers for the purpose of training employees in accordance with this chapter, such grants not to exceed the amounts specified in RSA 282-A:87, IV(a)(2), and not to exceed to any single employer in any grant year the sum of $70,000, unless first approved by governor and council. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such grants expended pursuant thereto. Such grants shall be made pursuant to a form of agreement that shall be approved by governor and council after review by the attorney general and the commissioner of the department of administrative services.
85 New Subparagraph; Application of Receipts; Workforce Opportunity Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited into the New Hampshire workforce opportunity fund established in RSA 12-A:61.
86 Training Fund. Amend RSA 282-A:138-a to read as follows:
282-A:138-a Training Fund.
I. There is hereby created in the state treasury a special fund to be known as the training fund. Commencing January 1, 2002, the moneys in this fund may be used, solely as determined by the commissioner of [employment security] resources and economic development in accordance with rules and guidelines adopted by the commissioner of resources and economic development, for funding training under the job training program for economic growth, established under RSA 12-A:51-58. Rulemaking authority relative to administration of the grant award process shall [remain] be with the commissioner of resources and economic development pursuant to RSA 12-A:54, II(a).
II. The commissioner of [employment security] resources and economic development shall act as the fiscal agent for moneys deposited in the training fund. All costs incurred by the commissioner acting as fiscal agent of the training fund shall be paid from such fund.
III. Any interest earned on the moneys in this fund shall [be deposited in the fund established by RSA 282-A:140 and shall be expended only as provided by that section, and not for any other purpose] remain in the fund and shall be expended as provided in paragraph I .
IV. Any moneys paid into the training fund during a calendar year, which are either not obligated by June 30 of the following year or spent by June 30 of the year thereafter, shall be continually appropriated and shall not lapse [and be deposited into the fund established by RSA 282-A:140 and shall be expended only as provided by that section and not for any other purpose].
87 Repeal. 2000, 317:2, relative to membership on the workforce investment board, is repealed.
88 Department of Insurance; New Hampshire Citizens Health Initiative. The New Hampshire insurance department is hereby authorized and directed to seek governor and council approval to enter into a cooperative project agreement with the university system of New Hampshire, acting through the university of New Hampshire, whereby the New Hampshire Institute for Health Policy and Practice will support the efforts of the New Hampshire Citizens Health Initiative (CHI). This agreement shall provide for operational support of the CHI, as well as technical assistance and consultant services to support CHI Pillar Projects relating to health care provider reimbursement, medical home, health information technology and exchange, and health care finance and structure transparency. Funding for this agreement provided by the insurance department shall not exceed $380,000 through June 30, 2011.
89 Legislative Branch; Revised Health Benefit Plan. The legislative branch shall lapse $57,975 during the fiscal year ending June 30, 2010 and $125,613 during the fiscal year ending June 30, 2011 in connection with the implementation of the revised health benefit plan for unclassified and nonclassified state employees.
90 Judicial Branch; Revised Health Benefit Plan. The judicial branch shall lapse $258,818 during the fiscal year ending June 30, 2010 and $560,772 during the fiscal year ending June 30, 2011 in connection with the implementation of the revised health benefit plan for unclassified and nonclassified state employees.
91 New Section; Real Estate Commission; Fees Collected Electronically; Handling Charge. Amend RSA 331-A by inserting after section 24-a the following new section:
331-A:24-b Handling Charge. If the real estate commission collects a fee electronically for any license, any document, or any other purpose under this chapter, the commission shall collect a handling charge for each fee paid electronically, including by Internet or facsimile, by adding 2 percent to the total collected.
92 Horse and Dog Racing; Employees. Amend RSA 284:3 to read as follows:
284:3 Employees. At least [85] 70 percent of the persons employed by a person, association, or corporation conducting a racing plant or simulcasting under the provisions hereof shall have resided in this state for a period of not less than one year. The provisions of this section shall not apply to the construction of a racing plant or its equipment.
93 Horse and Dog Racing; Racing and Charitable Gaming Commission; Rulemaking. Amend RSA 284:12, III to read as follows:
III. The operation of race tracks on which running or harness horse or dog races or meets or simulcastings are held.
94 Horse and Dog Racing; License Required; Investigation Fees. Amend RSA 284:12-a to read as follows:
284:12-a License Required; Investigation Fees.
I. No person, association, corporation, or any other type of entity shall hold or simulcast any running or harness horse or dog race or meet at or for which pari-mutuel pools are sold without a license from the commission.
II. Investigation fees shall be collected by the commission and shall be continually appropriated to the commission and used by the commission to offset the costs of conducting background checks and monitoring of license applicants and licensees as required under this section, RSA 284:16, RSA 284:16-a, RSA 284:18-a, RSA 284:19, RSA 284:20, [and] RSA 284:20-b, RSA 284:22, and RSA 284:22-a. Funds received hereunder and not expended for such investigations shall lapse to the general fund 2 years after receipt of such funds.
95 License; Live Running or Harness Horse Racing. Amend the introductory paragraph of RSA 284:15, I to read as follows:
I. Any person, association, or corporation desiring to hold or simulcast a running or harness horse race or meet for public exhibition, at or for which pari-mutuel pools are to be sold, shall apply to said commission for a license to do so. The application shall be signed and sworn to by the person or executive officer of the association or corporation and shall contain the following information:
96 Requirements; Simulcast Dog Racing. Amend RSA 284:15-a to read as follows:
284:15-a Requirements. Any person, association, or corporation desiring to hold or simulcast a dog race for public exhibition at or for which pari-mutuel pools are to be sold, shall apply to said commission for a license to do so. The application shall be signed and sworn to by the person or executive officer of the association or corporation and shall contain the information set forth in RSA 284:15. Any New Hampshire agricultural fair association certified as such, by the commissioner of agriculture, markets, and food, shall be entitled to one special 6-day racing license annually.
97 Issuance of Licenses; Simulcast Racing. Amend RSA 284:16 to read as follows:
284:16 Issuance of Licenses. If the commission is satisfied that all the provisions hereof and the rules and regulations prescribed have been and will be complied with by the applicant and that the financial backing upon which said application is predicated is sound and is committed in support of said application, it may issue a license which shall expire on the thirty-first day of December. The license shall set forth the name of the licensee, the place where the races or race meets or simulcastings are to be held, and the time and number of days during which racing or simulcasting may be conducted by said licensee. Any license issued shall not be transferable nor assignable. Said commission shall have power to revoke any license for good cause upon reasonable notice and hearing. The commission may at any time for cause require the removal of any employee or official employed by any licensee hereunder. The license of any corporation shall automatically cease upon the change in ownership, legal or equitable, of 50 percent or more of the voting stock of the corporation and the corporation shall not hold a running or harness horse race or meet for public exhibition without a new license.
98 Issuance of Licenses; Simulcasting Races. Amend RSA 284:16-a to read as follows:
284:16-a Issuance of Licenses. If the greyhound racing commission is satisfied that all the provisions hereof and the rules and regulations prescribed have been and will be complied with by the applicant and that the financial backing upon which said application is predicated is sound and is committed in support of said application, it may issue a license which shall expire on the thirty-first day of December. The license shall set forth the name of the licensee, the place where the races or race meets or simulcastings are to be held, and the time and number of days during which racing or simulcasting may be conducted by said licensee. Any license issued shall not be transferable nor assignable. Said commission shall have power to revoke any license for good cause upon reasonable notice and hearing. The commission may at any time for cause require the removal of any employee or official employed by any licensee hereunder. The license of any corporation shall automatically cease upon the change in ownership, legal or equitable, of 50 percent or more of the voting stock of the corporation and the corporation shall not hold a dog race or meet for public exhibition without a new license. Any New Hampshire agricultural fair association certified as such, by the commissioner of agriculture, markets, and food, shall be entitled to one special 6-day license annually to hold a dog race meet.
99 Pari-Mutuel Pools on Simulcast Racing; Live Running and Harness Horse Racing. Amend RSA 284:22-a, I(c) to read as follows:
(c) “Licensee” means any individual, association, partnership, joint venture, corporation, or other organization or other entity which holds a license under RSA 284 to conduct a race meet, or if the election is made pursuant to RSA 284:22-a, II(c), “licensee” means any individual, association, partnership, joint venture, corporation, or other organization or entity which holds a license under RSA 284 to conduct simulcasting at a facility at which live running or harness horse racing or live dog racing was conducted in 2008.
100 New Subparagraph; Pari-Mutuel Pools on Simulcast Racing; Live Running and Harness Horse Racing. Amend RSA 284:22-a, II by inserting after subparagraph (b) the following new subparagraph:
(c) Notwithstanding subparagraph II(a), an individual, association, partnership, joint venture, corporation, or other organization or entity may be issued a license to conduct simulcasting without conducting live racing provided such person or entity makes such election with the approval of the commission and such person or entity either held a license on January 1, 2009 under this chapter to conduct a race meet or seeks to conduct simulcasting without conducting live racing at a facility at which live racing was authorized to be conducted in 2009.
101 Department of Revenue Administration; Position of Chief Multi-State Auditor Established.
I. There is established the unclassified position of chief multi-state auditor for the department of revenue administration. The salary for the position shall be as set forth in RSA 94:1-a.
II. The commissioner shall appoint a qualified person, who shall serve at the pleasure of the commissioner, to the position established in paragraph I.
102 Unclassified Officers; Chief Multi-State Auditor Added. Amend RSA 94:1-a, I(a) as follows:
Insert:
DD Department of revenue administration chief multi-state auditor
103 New Section; Supreme Court; Judicial Branch Information Technology Fund. Amend RSA 490 by inserting after section 26-g the following new section:
490:26-h Judicial Branch Information Technology Fund.
I. Except as provided in paragraph IV:
(a) Fourteen percent of each entry fee collected in the judicial branch family division and in the supreme, district, superior, and probate courts and 16.67 percent of the penalty assessment collected pursuant to RSA 188-F:31 shall be deposited in the judicial branch information technology fund.
(b) Moneys in the fund shall be nonlapsing and continually appropriated to the supreme court for maintenance and infrastructure renewal of judicial branch information technology, including both hardware and software, as recommended by the director of the administrative office of the courts and approved by the supreme court.
II. The state treasurer shall establish procedures for deposits to and expenditures from the judicial branch information technology fund. The fund shall be a dedicated fund for the improvement of judicial branch information technology.
III. The funds on deposit in the judicial branch information technology fund shall be invested by the state treasurer in obligations of the United States government, in government agency obligations, in obligations which are legal investments for savings banks and trust companies, and in all types of savings accounts or certificates of deposit of both state or federally chartered institutions.
IV. On or before September 1 of each year, the judicial branch shall submit a written report of the income and expenditures of the judicial branch information technology fund to the fiscal committee of the general court and the state treasurer. If such report is not submitted, any balance in the fund shall lapse to the general fund and the percentage of each entry fee which is designated for the judicial branch information technology fund under paragraph I shall be deposited in the general fund.
104 Penalty Assessment. Amend RSA 188-F:31, I to read as follows:
I. Every court shall levy a penalty assessment of $2 or [20] 24 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.
105 Penalty Assessment. Amend RSA 188-F:31, IV to read as follows:
IV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit [65] 54.17 percent of the amount collected in the police standards and training council training fund, [20] 16.67 percent of the amount collected in the victims’ assistance fund, 16.67 percent of the amount collected in the judicial branch information technology fund, and the remainder in the general fund.
106 Supreme Court; Entry Fees. Amend RSA 490:24, I to read as follows:
I. For the benefit of the state, there shall be paid to the clerk for the entry of every reserved case, bill of exceptions, petition, appeal, or other action, for the filing of every motion or other document supplementary to the entered case, and for any service rendered by the clerk, such fees as shall from time to time be established by the court. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.
107 Judicial Branch Family Division; Entry Fees. Amend RSA 490-D:12, II to read as follows:
II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the judicial branch family division for the benefit of the state. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
108 Superior Court; Entry Fees. Amend RSA 499:18, II to read as follows:
II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
109 District Court Entry Fees. Amend RSA 502-A:28, II to read as follows:
II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
110 Probate Court Entry Fees. Amend RSA 548:23-a, II to read as follows:
II. The register shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
111 New Subparagraph; Application of Receipts; Judicial Branch Information Technology Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the judicial branch information technology fund established under RSA 490:26-h.
112 Uniform Fines; Judicial Branch Information Technology Fund; Credit Cards. Amend RSA 262:44, I to read as follows:
I. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled “Notice of Fine, Division of Motor Vehicles” which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited as agency income and not out of the penalty assessment charged by the district court. The director of the division of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims’ assistance fund and the judicial branch information technology fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the [treasurer for deposit in the highway fund, or to such department or agency of the state as the law provides,] state treasurer, and shall be credited as agency income by the department of safety within 14 days of their receipt.
113 Beverage. Amend RSA 175:1, VIII to read as follows:
VIII. “Beverage” means any beer, wine, similar fermented malt or vinous liquors and fruit juices and any other liquid intended for human consumption as a beverage having an alcoholic content of not less than 1/2 of one percent by volume and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit and specialty beer as defined in RSA 175:1, LXIV-a. The commission may approve any cider greater than 6 percent.
114 New Subparagraph; General Revenue Exceptions. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the liquor commission fund established in RSA 176:16.
115 Purchase of Supplies; Exemptions; Liquor Commission. RSA 21-I:18, I(b) is repealed and reenacted to read as follows:
(b) The liquor commission is completely exempted from the provisions of this chapter, provided that the liquor commission uses competitive bidding when acquiring consumable supplies, materials, goods, and services that are necessary for, incidental to, or related to the operation of the liquor commission.
116 Divisions and Directors. RSA 176:8 is repealed and reenacted to read as follows:
176:8 Divisions and Directors. The commission shall have 3 divisions under the direction of unclassified division directors. The directors shall be appointed by the commission and serve at the pleasure of the commission based on good behavior and competence. There shall be a division of marketing, merchandising, and warehousing, a division of administration, and a division of enforcement and licensing.
117 Liquor Commission Funds. Amend RSA 176:16 to read as follows:
176:16 Funds.
I. Except as provided in paragraph II, the state treasurer shall credit all gross revenue derived by the commission from the sale of liquor, or from license fees, [shall be deposited into the general funds of the state. The expenses of administration and all other expenditures provided for in this title shall be paid by the state treasurer on warrants of the governor with the advice and consent of council.] and interest received on such moneys, to a special fund, to be known as the liquor commission fund, from which the treasurer shall pay all expenses of the commission incident to the administration of this title. Any balance left in such fund after such expenses are paid shall be deposited in the general fund on a daily basis.
II. Fifty percent of the amount by which the current year gross profits exceed fiscal year 2001 actual gross profit, but not more than 5 percent of the current year gross profits derived by the commission from the sale of liquor and other revenues, shall be deposited into the alcohol abuse prevention and treatment fund established by RSA 176-A:1.
III. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper functioning of the commission, the commission may request, with prior approval of the fiscal committee of the general court, that the governor and council authorize the transfer of funds from the liquor commission fund for expenses related to retirement and health benefits.
IV. The commission may transfer funds totaling up to 5 percent of the operating budget in any fiscal year for any specific purposes to funds for other purposes within and among the appropriations for the operation of the commission. The commission shall report on a semi-annual basis to the fiscal committee of the general court all transfers accomplished under the provisions of this section. The provisions of this section shall not be subject to RSA 9:16-a, RSA 9:17-a, and RSA 9:17-c.
118 Liquor Commission; State Stores. RSA 177:1 is repealed and reenacted to read as follows:
177:1 State Stores. The commission may lease, purchase, and equip, in the name of the state, such stores, warehouses, supplies, materials, equipment, products, and other marketing and merchandising requirements for the sale or promotion of liquor and related products as are necessary to carry out the provisions of this chapter. The commission may lease, in the name of the state, space in state stores for the purpose of installing automated teller machines. No newly established state store shall be operated within 200 feet of any public or private school, church, chapel, or parish house.
119 Closing of State Liquor Stores. RSA 177:2, I is repealed and reenacted to read as follows:
I. The commission may close any state liquor store to improve profitability and efficiency. In determining net operating profit or loss, the commission shall adhere to generally accepted accounting principles for both revenues and expenses and shall include an allocation for indirect costs. All information regarding a decision to close any state liquor store shall be made available, by the commission, to the public upon request. The commission shall provide public notice 30 days prior to closing any state liquor store.
120 References Changed. Amend RSA 178:11, V to read as follows:
V. Liquor/wine/beverage warehousers shall submit a monthly report both to the liquor commission enforcement and licensing division and the [warehouse and transportation] marketing, merchandising, and warehousing division of the commission by the tenth day of the following month indicating the quantity, type, size, and brands of all product received, stored, or shipped on their premises.
121 New Section; Combination Conditional License. Amend RSA 178 by inserting after section 17 the following new section:
178:17-a Combination Conditional License.
I. At its discretion, the commission may combine license types and issue a combination conditional license to a licensee that holds or is seeking more than one license for a single establishment. In issuing a combination conditional license, the commission may suspend or modify any existing licensing requirement established under title XIII and may impose additional conditions. The commission may deny, in its discretion, any license under this section that constitutes a risk to public health, safety, or welfare of any community.
II. The commission shall issue a combination conditional license in accordance with RSA 541-A:39.
III. This section shall not be interpreted to create a license category that does not exist in statute.
122 Location of Agency Liquor Stores. Amend RSA 177:11 to read as follows:
177:11 Location of Agency Liquor Stores.
I. The commission may license an agency liquor store only when the following requirements are met:
(a) The proposed agency liquor store is located in a municipality which has voted in favor of the operation of state liquor stores under RSA 175:7.
(b) The proposed agency liquor store is located in a municipality where there is no state liquor store.
(c) Neither the proposed agency liquor store nor any state liquor store is within 5 road miles of an existing state liquor store or an existing agency liquor store.
II. The commission may not replace a state liquor store which closes with an agency liquor store, unless the state liquor store was closed under the provisions of RSA 177:2.
III. In the event that a proposed agency liquor store will replace a state liquor store, the commission shall make reasonable efforts to provide state employees other positions, if available.
III-a. In determining the location of a proposed agency store, the commission shall consider its effect on the economy, availability of liquor, and customers within the surrounding relevant market. For the purposes of this section, “surrounding relevant market” means the geographic area that is reasonably intended to be served by the agency store.
IV. The commission shall issue a license for an agency liquor store within a municipality by the following procedure:
(a) The commission shall, in accordance with RSA 541-A, give public notice that agency liquor stores may be established in a particular municipality to serve persons located in that municipality and in the surrounding relevant market. The public notice shall identify the surrounding relevant market that the agency store is intended to serve and all municipalities, or portions thereof, included therein. A copy of the public notice shall at the same time be forwarded by certified mail by the commission to the governing body of the municipality in which the agency store may be established and to the governing body of any additional municipalities located, in whole or in part, in the surrounding relevant market that the agency store is intended to serve. The commission shall request all parties in the municipality, interested in establishing an agency liquor store there, to apply to the commission.
(b) The commission shall provide all applicants with the necessary information for the establishment of agency liquor stores.
(c) Upon receipt of all applications for agency liquor stores licenses in a municipality, the commission shall notify the [municipal officers] governing body of that municipality and of any additional municipalities located, in whole or in part, in the surrounding relevant market of the proposed location of each applicant [at least 15 days before the final selection of an applicant or applicants by the commission] and shall suspend all action on such applications for 30 days in order to allow the affected municipalities and any other interested person to submit written comments to the commission on the proposed location of a new agency store in a municipality.
(d) [The commission shall issue a license to all persons qualifying under the commission's rules.] Upon the written request of the municipality in which the proposed agency store may be located, or of any municipality located in the surrounding relevant market as identified by the commission, that is received by the commission within 14 days of the date of the public notice forwarded to such a municipality under subparagraph (a), the commission shall in accordance with RSA 541-A publish notice and schedule a hearing on the proposed location of an agency store in such municipality. Any public hearing shall be held within 45 days of the close of the public comment period in the municipality in which the agency store may be located.
(e) The commission shall [notify] provide written notice by certified mail to all applicants, to the municipality in which the agency store is to be located, and to any other municipality located in the surrounding relevant market of the final selection of an applicant or applicants, and shall provide any applicant denied a license written notification of the reasons for the denial by certified mail to the mailing address given by the applicant in [his] the application for an agency liquor store license.
(f) The commission shall issue a license to all persons qualifying under the commission’s rules.
V. Any applicant aggrieved by a decision made by the commission may appeal the decision in accordance with RSA 541. For purposes of rehearing and appeal, the date of the written notice of final selection of an applicant or applicants shall constitute the decision of the commission.
123 Department of Health and Human Services and Department of Safety Agreement Relative to Fee for State Criminal Record Check. Notwithstanding any provision of law to the contrary, the commissioner of the department of safety and the commissioner of the department of health and human services shall negotiate a reduced fee for performing a state criminal record check of department of health and human services employees, service providers, and licensed and license-exempt child day care providers.
124 New Subparagraph; Rulemaking Exemption; Fee for Criminal Record Check. Amend RSA 541-A:21, I by inserting after subparagraph (bb) the following new subparagraph:
(cc) RSA 106-B:14, I-a, relative to the fee for criminal record checks of department of health and human services employees, service providers, and licensed and license-exempt child day care providers.
125 Annulment of Criminal Records. Amend RSA 651:5, IX to read as follows:
IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent, or [he] has been found not guilty, or [his] the case has been dismissed or not prosecuted in accordance with paragraph II. The department of safety shall charge the successful petitioner a fee of $100 for researching and correcting the criminal history record accordingly, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit them to be heard regarding the interest of justice in regard to the petition.
126 Great Bay; Reference to Saltwater License. Amend RSA 211:17-b to read as follows:
211:17-b Operation of Motor Vehicles, Snowmobiles, or OHRVs on Ice on Great Bay. No person shall drive a motor vehicle, snowmobile, or OHRV on the ice on Great Bay, except that any person who holds a New Hampshire [fishing] recreational saltwater license under RSA 214:9, XVI may do so, provided that he or she does not drive or park his or her vehicle any closer than 300 feet to any occupied so-called bob-house, fishing shanty, or fishing hole other than the one [he] the person occupies. The provisions of this section shall not apply to any person engaged in emergency rescue operations or public service of any description. No person driving a motor vehicle, snowmobile, or OHRV on the ice on Great Bay shall operate said vehicle at a speed greater than 10 miles per hour. Whoever violates any provision of this section shall be guilty of a violation.
127 New Paragraph; Licenses; Application; Recreational Saltwater License. Amend RSA 214:9 by inserting after paragraph XV the following new paragraph:
XVI.(a) If the applicant is 16 years of age or older and wishes to take, possess, or transport finfish from coastal and estuarine waters under the restrictions of this title, the applicant shall pay the fee according to the schedule in subparagraph (e), and the agent shall thereupon issue a recreational saltwater license which shall entitle the licensee to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title, provided that any person participating in a recreational saltwater fishing opportunity on a for-hire vessel, which is licensed under subparagraph (b), shall be exempt from the license requirement of this subparagraph.
(b) A resident or nonresident owner or operator of a for-hire vessel who wishes to provide recreational saltwater fishing opportunities for persons taking finfish from coastal and estuarine waters, shall pay a fee for each charter boat and each party boat according to the schedule in subparagraph (e), which shall entitle the owner or operator of the licensed for-hire vessel to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title.
(c) A nonresident holding a valid recreational saltwater license or a for-hire charter or party boat saltwater license from Maine or Massachusetts, shall be allowed to take, possess, or transport finfish from New Hampshire coastal and estuarine waters, provided that the state in which such person purchased a recreational saltwater license or in which the for-hire vessel is registered allows an angler with a New Hampshire recreational saltwater license or a saltwater for-hire vessel with a for-hire license from New Hampshire to recreationally take, possess, or transport finfish in that state’s coastal and estuarine waters.
(d) In this paragraph:
(1) “Coastal and estuarine waters” means all waters within the rise and fall of the tide, and water below any fishway or dam which is normally the dividing line between tide water and fresh water, or below any tidal bound which has been legally established in streams flowing into the sea under the jurisdiction of the state.
(2) “For-hire vessel” means a party boat, charter boat, dive boat, head boat, or other boat hired by persons to engage in recreational saltwater fishing opportunities.
(3) “Recreational saltwater fishing” means taking of any marine finfish, by any means for personal use only and which are not sold.
(4) “Charter boat” means a vessel less than 100 gross tons (90.8 metric tons) that meets the requirements of the U.S. Coast Guard to carry 6 or fewer passengers for hire.
(5) “Party boat” or “head boat” means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire.
(e) The following fees shall apply:
(1) $15 for resident and nonresident individuals.
(2) $75 for charter boats and other for-hire vessels, except party boats.
(3) $150 for party boats.
(f) The executive director shall adopt rules under RSA 541-A on the further definitions, criteria, and requirements for obtaining the licenses under this paragraph.
128 License Required; Marine Species Added. Amend RSA 214:1 to read as follows:
214:1 License Required. No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill freshwater fish, marine and estuarine finfish species, saltwater smelt, saltwater shad, saltwater salmonoids, wild birds, or wild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title. The licensee shall carry such license on his or her person when so engaged, and the license shall be subject to inspection on demand of any person.
129 Licenses for Aged Persons. Amend RSA 214:6 to read as follows:
214:6 Licenses for Aged Persons. Any resident of this state who is over 65 years of age and who is receiving public aid may, upon presentation of proof of such aid, make application to the executive director of fish and game for a special license to [fish] take, and to transport fish [and saltwater smelt], under the restrictions of this title. Such license shall be marked in such manner as the executive director may designate and there shall be no fee for such license.
130 Fishing License; Saltwater Species Removed. Amend RSA 214:9, II to read as follows:
II. If the applicant is a resident of this state and wishes to fish, $33, and the agent shall thereupon issue a resident fishing license, which shall entitle the licensee to kill, take and transport all species of freshwater fish, [saltwater smelt, saltwater shad, and saltwater salmonoids] under the restrictions of this title.
131 One-Day Fishing License; Saltwater Species Removed. Amend RSA 214:9, II-b to read as follows:
II-b. If the applicant is a resident of this state and wishes to fish for one day, $8, and the agent shall thereupon issue a one-day resident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids], for said time only, under the restrictions of this title.
132 Hunting and Fishing License; Saltwater Species Removed. Amend RSA 214:9, III to read as follows:
III. If the applicant is a resident of this state and wishes to hunt and fish, $44, and the agent shall thereupon issue a resident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids] under the restrictions of this title.
133 Hunting and Fishing License; Saltwater Species Removed. Amend RSA 214:9, VI-a to read as follows:
VI-a. If the applicant is a nonresident and wishes to hunt and fish, $139, and the agent shall thereupon issue a nonresident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill, or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonids] under the restrictions of this title.
134 Nonresident Fishing License; Saltwater Species Removed. Amend the introductory paragraph of RSA 214:9, VIII to read as follows:
VIII. If the applicant is a nonresident, 16 years of age or older, and wishes to take any species of freshwater fish[, saltwater smelt, saltwater shad, or saltwater salmonoids], $51, and the agent shall thereupon issue a nonresident fishing license which shall entitle the licensee to kill, take and transport all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids,] under the restrictions of this title, provided that:
135 References Changed; Special License for Persons Over 68 Years of Age. Amend RSA 214:7-a to read as follows:
214:7-a Persons Over 68 Years of Age. Any resident of this state who is 68 years of age or over may make application, to any authorized agent of the state for the sale of freshwater fishing, hunting or trapping licenses, for a special license to fish[,] in freshwaters and hunt or trap, under the restrictions of this title. Such license may permit the use of a muzzle-loading firearm and bow and arrow. The license shall be marked in such manner as the executive director may designate, and there shall be no fee, including the agent’s fee, for such license. The license shall be effective for the resident during the remainder of the resident’s life, as long as the applicant remains a resident of the state, unless sooner suspended or revoked by the executive director. The minimum residency requirements of RSA 214:7-b are applicable.
136 Lifetime Licenses. Amend RSA 214:9-c, I(a) to read as follows:
I.(a) The executive director, at the department of fish and game headquarters only, shall issue lifetime hunting, freshwater fishing, or combination hunting and freshwater fishing licenses similar to that issued on an annual basis under RSA 214:9, III to any resident applicant upon payment of the proper fee, which shall be established by the executive director in accordance with the provisions of paragraph II.
137 Repeal. The following are repealed:
I. RSA 211:47, relative to an exception for fishing from the Piscataqua river.
II. RSA 214:1-a, relative to ice fishing on Great Bay.
138 Registration Fees. Amend RSA 270-E:5, I to read as follows:
I. The registration fees for commercial, private, and pleasure vessels, including rentals and airboats shall be as follows:
(a) Up to and including 16 feet [$12] $24
(b) 16.1 feet to 21 feet [$17] $34
(c) 21.1 feet to 30 feet [$26] $52
(d) 30.1 feet to 45 feet [$36] $72
(e) 45.1 feet and over [$46] $92
139 Lake Restoration and Preservation Fee. Amend RSA 270-E:5, II(a) to read as follows:
(a) [$5] $7.50 for each registration specified in paragraph I. The fees collected under this subparagraph shall be paid into the lake restoration and preservation fund established under RSA 487:25.
140 Agent Fee. Amend RSA 270-E:5, II(c) to read as follows:
(c) [$1.50] $5 for each registration processed by an authorized agent of the department who is not an employee of the department. The fees collected under this subparagraph shall be collected and retained by the authorized agent as compensation for processing the registration.
141 Transfer Fee. Amend RSA 270-E:10 to read as follows:
270-E:10 Notice of Transfer; Destruction or Abandonment. The owner shall furnish the department written notice of the transfer of all or any part of his or her interest, other than the creation of a security interest, in a vessel registered in this state pursuant to this chapter or the destruction or abandonment of such vessel within 15 days of its transfer, destruction, or abandonment. Such transfer, destruction, or abandonment shall terminate the certificate of numbers for such vessel, except that in the case of a transfer of a part interest which does not affect the owner’s rights to operate such vessel, the transfer shall not terminate the certificate of numbers. If a vessel is transferred, the original number shall be retained by the new owner. A person who transfers the ownership of a vessel, upon filing a new application, may have another boat registered in his or her name for the remainder of the period for which the vessel is registered for [$3] $5.
142 Commercial Vessels; Penalty and License Fees. Amend RSA 270-E:22 and RSA 270-E:23 to read as follows:
270-E:22 Commercial Vessels; Penalty.
I. Any person who shall use any commercial vessel or commercial outboard motor on any public waters in this state without a certificate of inspection, or shall act as captain, master, pilot, engineer or operator on any such boat or launch without having passed an examination administered by the department and having been [examined and] certified by the department in that capacity, or shall so act when his or her certificate has been revoked or suspended, or who shall violate any rule adopted by the department with reference to the inspection, equipment, or operation of such vessels or launches, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. The commissioner, after hearing, may revoke or suspend the certificate of any captain, master, pilot, or engineer of any commercial vessel for violation of RSA 270 or the rules and regulations prescribed thereunder.
III. All licenses to operate a commercial vessel shall expire [the second December 31 following] 5 years from the date of issuance.
IV. A person who possesses a valid license issued by the federal government shall be deemed to comply with this section.
270-E:23 License Fees. There shall be paid to the commissioner for every [general] certificate of captain, master, pilot, or engineer, [$4] $15[; and for every limited certificate of captain, master, pilot, or engineer, $2]. A [general] certificate shall entitle the holder thereof to act in the capacity named on any vessel of the class described in the certificate[; a limited certificate shall entitle the holder to act in such capacity only on a particular vessel named in the certificate]. Only one certificate shall be required to entitle the holder thereof to act in any or all of the above capacities on any motorized vessel permitted to carry a maximum of 25 persons. If a person fails the examination required by RSA 270-E:22, I, the person may retake the examination for a fee of $10 paid to the commissioner. The fees paid for re-examinations and for certificates issued under this section shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
143 Addition to Boat Fee. Amend RSA 487:25, I to read as follows:
I. The fee of [$5] $7.50 collected under the provisions of RSA 270-E:5, II(a) shall be paid to the director of the division of motor vehicles. The director of the division of motor vehicles shall pay over said fee to the state treasurer who shall keep the fee in a special fund to be expended by the department of environmental services. The department shall use $.50 of the fee for lake restoration and preservation measures, exclusive of exotic aquatic weed control, [$1.50] $3 of the fee for the control of exotic aquatic weeds, and [$3] $4 of the fee for the milfoil and other exotic aquatic plants prevention program. The department shall deposit the [$3] $4 into a special account within the lake restoration and preservation fund which shall be used to administer the milfoil and other exotic aquatic plants prevention program. The special fund shall be nonlapsing. All funds received under this section are continually appropriated to the department for the purposes of this subdivision.
144 New Section; Outdoor Advertising; Liquor Stores. Amend RSA 236 by inserting after section 73-a the following new section:
236:73-b Liquor Stores. The department of transportation shall design, locate, and erect along state highways suitable signs to advertise nearby state liquor stores.
145 Chartered Public Schools; Average Daily Membership in Attendance Limited.
I. For the fiscal year ending June 30, 2010, the average daily membership in attendance (ADMA) as defined in RSA 198:38, I for all chartered public schools approved pursuant to RSA 194-B:3-a shall not exceed 850 pupils. During the fiscal year, the commissioner of the department of education may adjust enrollments on a school-by-school basis, and within the ADMA limit established in this paragraph, as necessary for the efficient administration of available chartered public school seats.
II. For the fiscal year ending June 30, 2011, the average daily membership in attendance (ADMA) as defined in RSA 198:38, I for all chartered public schools approved pursuant to RSA 194-B:3-a shall not exceed 950 pupils. During the fiscal year, the commissioner of the department of education may adjust enrollments on a school-by-school basis, and within the ADMA limit established in this paragraph, as necessary for the efficient administration of available chartered public school seats.
146 Chartered Public Schools. No new chartered public schools shall be approved by the state board of education under the provisions of RSA 194-B:3-a between July 1, 2009 and June 30, 2011.
147 Department of Health and Human Services; Division of Family Assistance; Employment Support Program; Transportation. The department of health and human services, division of family assistance, shall withdraw its request for proposals for transportation for the employment support program for the biennium ending June 30, 2011 issued prior to the effective date of this section. The division shall issue a new request for proposals for transportation for the employment support program for the biennium ending June 30, 2011 after evaluating the feasibility of an ownership option that involves providing down payments for purchases of new motor vehicles.
148 Department of Health and Human Services; Medicaid Classification. The department of health and human services shall submit a Medicaid state plan amendment creating a Medicaid provider classification for approval by the Centers for Medicare and Medicaid Services that recognizes Children’s Hospital at Dartmouth-Hitchcock as the state’s children’s hospital providing comprehensive pediatric specialty and subspecialty services. Diagnostic related group (DRG) rates shall be differentiated from other hospital rates and shall reflect the uniqueness and intensity of pediatric services provided and the need to preserve the availability of such services to the Medicaid population.
149 Department of Health and Human Services; Catastrophic Aid Program. The department of health and human services shall submit to the federal Centers for Medicare and Medicaid Services a Medicaid state plan amendment for the purpose of defining the criteria by which catastrophic claims payments will be made to reflect only those claims with diagnostic related group (DRG) weights greater than 4.0 and lengths of stay greater than 30 days to support the most medically complex/high acuity cases. Funds are to be used to provide for additional inpatient payments outside of the DRG system where the DRG payment plus any other insurance is below 25 percent of hospital charge. The total funds available for catastrophic claims shall equal 3.3 percent of the projected annual inpatient expenditure. Reimbursement shall be limited to 65 percent of charges, reduced by prior payments, DRG allowed amounts, and third party insurance. The state shall expend half of the catastrophic fund no later than December 31 of each year and the second half no later than June 30 of each year. Claims shall be submitted to the New Hampshire Medicaid program by December 15 and June 15 for the respective 6-month periods in order to be considered for catastrophic payment. Claims shall be paid based upon date of service until catastrophic funds for that 6-month period are exhausted. No claims or portions of claims shall be carried over into the subsequent 6-month period, nor shall excess funds be carried over into the subsequent 6-month period.
150 Bureau of Elderly and Adult Services; Nursing Services. For the fiscal year ending June 30, 2009, the appropriations contained in 2007, 262:1 in PAU 05-01-08-04-01, class 90 nursing services and class 87 home health services shall be nonlapsing, and any balance remaining at the end of the fiscal year shall be paid to nursing homes and home health services providers as additional rates. The additional rates shall be based on the rate-setting methodology in effect on the effective date of this section. The commissioner shall file a report with the fiscal committee of the general court by October 1, 2009 which details the balance carried forward from fiscal year 2009 and the amounts to be paid as additional rates.
151 Committee to Study the Transfer of Liquor Enforcement Functions to the Department of Safety.
I. There is established a committee to study the transfer of liquor enforcement functions to the department of safety.
II.(a) The members of the committee shall be as follows:
(1) Two members of the senate, appointed by the president of the senate.
(2) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall study the transfer of liquor enforcement functions to the department of safety.
IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
V. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2009.
152 New Paragraphs; Certification of Reduced Ignition Propensity Cigarettes. Amend RSA 339-F:6 by inserting after paragraph III the following new paragraphs:
IV. If a manufacturer has certified a cigarette pursuant to paragraph II, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standard under RSA 339-F:3, such cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards in RSA 339-F:3 and maintains records of the retesting as required by RSA 339:F-5. Any altered cigarette that does not meet the performance standard in RSA 339-F:4 shall not be sold in this state.
V. For each cigarette listed for certification a manufacturer shall pay a fee of $250 to the department of safety for deposit in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of providing fire safety education pursuant to RSA 153:10-c.
VI. For each cigarette re-certified under this chapter a manufacturer shall pay a fee of $250 to the department of safety for deposit in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of providing fire safety education pursuant to RSA 153:10-c.
153 Tobacco Tax; Definition of Tobacco Products. Amend RSA 78:1, XIV to read as follows:
XIV. “Tobacco products” means cigarettes, loose tobacco, [and] smokeless tobacco, snuff, and cigars, but shall not include premium cigars.
154 New Paragraph; Definition of Premium Cigars. Amend RSA 78:1 by inserting after paragraph XX the following new paragraph:
XXI. “Premium cigars” means cigars which are made entirely by hand of all natural tobacco leaf, hand constructed and hand wrapped, wholesaling for $2 or more, and weighing more than 3 pounds per 1000 cigars. These cigars shall be kept in a humidor at the proper humidity.
155 Tobacco Tax Imposed on Tobacco Products Other Than Cigarettes. Amend RSA 78:7-c to read as follows:
78:7-c Tax Imposed on Tobacco Products Other Than Cigarettes. A tax upon the retail consumer is hereby imposed on tobacco products other than cigarettes at a rate of [19] 48.59 percent of the wholesale sales price. The tax under this section may be rounded to the nearest cent if the commissioner determines that the amount of tax would not thereby be made materially disproportionate. No such tax is imposed on any transactions, the taxation of which by this state is prohibited by the Constitution of the United States. No such tax shall be imposed on premium cigars.
156 Transfers Authorized to Fund Information Technology Related Projects. Notwithstanding any provision of law to the contrary, departments, agencies, and branches may transfer moneys from any class line, except from personnel and benefit class lines, within their approved budgets to class line 027 to fund information technology related projects which would not otherwise be funded.
157 Department of Information Technology; Transfers Among Accounts. Notwithstanding the provisions of RSA 9:17-a or any other provision of law to the contrary, the department of information technology may, subject to the approval of the fiscal committee of the general court, transfer funds within and among all accounting units within said department as necessary for the efficient management of the department.
158 Representation of Defendants. Amend RSA 604-A:1 to read as follows:
604-A:1 Representation of Defendants. The purpose of this chapter is to provide adequate representation for indigent defendants in criminal cases, as a precondition of imprisonment, and indigent juveniles charged with being delinquent in any court of this state. Representation of juveniles shall include all court ordered representation and shall be paid from funds appropriated for indigent defense pursuant to this chapter. Representation shall include counsel and investigative, expert and other services and expenses, including process to compel the attendance of witnesses, as may be necessary for an adequate defense before the courts of this state.
159 Neglected or Abused Children. Amend RSA 604-A:1-a to read as follows:
604-A:1-a Neglected or Abused Children. In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter.
160 New Paragraph; Department of Corrections; Internal Organizational Units. Amend RSA 21-H:4 by inserting after paragraph VI the following new paragraph:
VII. The division of community corrections, under the supervision of a director of community corrections, who shall:
(a) Direct and oversee departmental services for inmates preparing for release from institutional settings into the community.
(b) Direct and oversee departmental services for individuals under probation or parole supervision in order to achieve stability within the community and reduce recidivism.
(c) Operate and administer all transitional work and housing units where inmates are assigned for minimum security and work release.
(d) Serve as the primary liaison between the department and community-based service providers, state courts, and municipal, county, and state entities with common issues and responsibilities, including substance abuse and mental health issues.
(e) Work with the department of justice and other state and federal agencies to identify, secure, and manage grant funds to supplement services available to offenders under departmental supervision, including but not limited to housing and employment assistance, substance abuse treatment, mental health treatment, and medical and prescription services.
161 New Paragraph; Commissioner and Other Department Officials; Appointment. Amend RSA 21-H:6 by inserting after paragraph IV the following new paragraph:
IV-a. The commissioner shall nominate for appointment by the governor, with the consent of the council, a director of community corrections who shall serve at the pleasure of the commissioner.
162 Department of Corrections; Qualifications and Compensation of Certain Officials. Amend RSA 21-H:7, I to read as follows:
I. The commissioner, assistant commissioner, professional standards director, director of security and training, director of community corrections, and the division directors of the department shall be qualified to hold such positions by reason of education and experience.
163 Department of Corrections; Qualifications and Compensation of Certain Officials. Amend RSA 21-H:7, III to read as follows:
III. The salaries of the commissioner, assistant commissioner, professional standards director, director of security and training, director of community corrections, and the division directors of the department shall be as specified in RSA 94:1-a.
164 Department of Corrections; Status in Retirement System. Amend RSA 21-H:8-a to read as follows:
21-H:8-a [Assistant Commissioner;] Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner, professional standards director, director of community corrections, and director of security and training of the department of corrections shall be considered permanent policemen if such individuals were permanent police members of group II for at least 10 years prior to appointment in their respective positions, and continue to be certified as police officers under RSA 188-F:26 and 188-F:27.
165 Compensation of Certain State Officers; Salaries Established. Amend RSA 94:1-a, I(b) as follows:
Delete:
HH Department of corrections warden, Lakes Region facility
Insert:
GG Department of corrections director of community corrections
166 Department of Corrections; Director of Community Corrections. The commissioner of the department of corrections shall make a report detailing statistical information related to the implementation of the division of community corrections to the president of the senate, the speaker of the house of representatives, and the chairpersons of the house and senate finance committees on or before November 1, 2010. The report shall include, but not be limited to statistical information detailing the impact on inmate population, recidivism, and savings attributable to the implementation of the division of community corrections.
167 New Paragraph; Court Fees. Amend RSA 490:26-a by inserting after paragraph II the following new paragraph:
II-a. The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.
168 Judicial Branch Family Division; Sullivan County. Amend RSA 490-D:4, IX and X to read as follows:
IX. The [courthouses] courthouse in Sullivan county which will house the judicial branch family division shall be [the Newport District Court and the Claremont District Court] a court facility in Newport.
X.[(a)] Matters arising in municipalities located within the Claremont-Newport district [and the New London district in Merrimack county] shall be heard in [the Newport District Court] a court facility in Newport.
[(b) Matters arising in municipalities located within the Claremont district shall be heard in the Claremont District Court.]
169 Department of Safety and Department of Health and Human Services; Transfer of Federally Funded Employees. Upon the request of the commissioner of the department of health and human services, the commissioner of the department of safety is authorized, with approval of the fiscal committee of the general court and governor and council, to transfer to the department of health and human services any or all employees currently employed at the department of safety, division of homeland security and emergency management, funded by federal funds and engaged in duties related to bioterrorism and public health emergency planning along with their associated appropriations, supplies, and equipment as the commissioners mutually agree would enhance the efficiency and effectiveness of the program.
170 Pistols and Revolvers; License to Carry. Amend RSA 159:6, I to read as follows:
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder’s date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be [$20] $100, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
171 Vanity Number Plates. Amend RSA 261:89 to read as follows:
261:89 Vanity Number Plates. The director is hereby authorized to design and to issue, under such rules as [he shall deem] the director deems appropriate, vanity number plates to be used on motor vehicles in lieu of other number plates. Such number plates shall be of such design and shall bear such letters or letters and numbers as the director shall prescribe, but there shall be no duplication of identification. Such number plates or a changeable designation of the effective period thereof, as the director shall determine, shall be issued only upon application therefor and upon payment of a special vanity plate service fee of [$25] $40, said special fee to be in addition to the regular motor vehicle registration fee and any other number plate manufacturing fee otherwise required by law for the particular vehicle. Plates shall be renewed on an annual basis for $40 per set. All special fees collected under this section shall be paid to the state treasurer and distributed as provided by RSA 263:52.
172 New Subparagraph; Registration Fees; Vanity Number Plates. Amend RSA 261:141, III by inserting after subparagraph (bb) the following new subparagraph:
(cc) For each vanity number plate set—$40.
173 Fees to be Collected. Amend RSA 261:141, VII(d) to read as follows:
(d) For vanity plate service fee—[$25] $40.
174 Driver Training Fund. Amend RSA 263:52, I-II to read as follows:
I. The proceeds from original license fees as provided in RSA 263:42 and [$5 from every special] the vanity plate service fee [for vanity number plates] collected in accordance with RSA 261:89, plus [such additional portion of] the [$25 special] fee for [vanity number plates or] the renewal of the use of such plates [as is needed to fully fund the driver training program for each fiscal year as determined by the general court pursuant to paragraph II], after costs of such plates or designation of effective periods thereof and issuance of same have been appropriated and deducted, shall be expended solely for courses of instruction and training in safe motor vehicle driving conducted in or under the supervision of secondary schools. After all costs of administration of the program each year of the biennium have been reserved, the balance which is appropriated to the driver training program shall be paid to the state treasurer by June 30 of each year. Such balance shall be kept in a separate fund which shall be paid out on or before September 15 of each year to participating schools prorated on a per-pupil basis for those who have completed the driver education program. Subject to final approval by the governor and council, the commissioner of safety jointly with the commissioner of education shall adopt pursuant to RSA 541-A and publish rules governing the courses of instruction and training and determining eligibility of secondary schools to receive moneys from the fund established by this section.
II. [Of] The [$25 special] $40 vanity plate service fee [for] and the fee for renewal of vanity number plates[, $5] shall automatically be credited to the driver training fund[. The remaining part of the fee shall be deposited and accumulate in the vanity plate fund] until all fees in such fund equal the amount of money estimated by the general court as available for expenditure for the driver training program from that fund for that fiscal year, which shall include $150 for each pupil who has completed the driver education program. Once the legislative estimates have been matched for the current fiscal year, the balance of all such fees shall be transferred to the general fund and shall be available as unrestricted revenue.
175 Repeal. RSA 263:52, III, relative to transfers from the vanity plate fund, is repealed.
176 School Building Authority; State Guarantee. Amend RSA 195-C:2 to read as follows:
195-C:2 State Guarantee. Upon the receipt of a report from the authority containing a recommendation that bonds or notes of a school district should be guaranteed by the state, the governor with the advice and consent of the council may award an unconditional state guarantee with respect to such bonds or notes in accordance with the authority's recommendation or in some lesser amount or percentage, or on the alternative basis of guarantee, as the best interests of the state may require. The full faith and credit of the state are and shall be pledged for any such guarantees, and the total outstanding amount of the principal of and interest on such bonds and notes which has been guaranteed by the state under this section shall at no time exceed [$30,000,000] $95,000,000. The governor, with the advice and consent of the council, is authorized to draw a warrant for such a sum out of any money in the treasury not otherwise appropriated, for the purpose of honoring any guarantee awarded under this section. In the event that any state funds shall be so used, the state may recover the amount thereof as provided in RSA 530.
177 New Section; State Bonds; Build America Bonds; Refundable Credit Payments. Amend RSA 6-A by inserting after section 13 the following new section:
6-A:14 Build America Bonds; Refundable Credit Payments. If the state treasurer issues any bonds of the state under this chapter or under RSA 237-A as “Build America Bonds,” as defined in section 54AA of the Internal Revenue Code of 1986, and elects to receive on behalf of the state the credit provided in section 6431 of the Internal Revenue Code of 1986, the state treasurer shall allocate such credit, when received, to the appropriate accounts pertaining to said bonds of the state, as determined by the state treasurer.
178 Duties of Clerks; Disposition of Fines. RSA 502-A:8 is repealed and reenacted to read as follows:
502-A:8 Duties of Clerks; Disposition of Fines. The clerk shall receive all fines and forfeitures paid into the district court from any source. The clerk of any district court may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is deposited with the treasurer and not out of the penalty assessment charged by a district court. The clerk shall forward fines collected for violations of title XXI to the treasurer for deposit in the highway fund and fines collected for violations of title LXII and all other statutes to the treasurer for deposit in the general fund within 14 days. The clerk shall separately indicate which fines were for violations of title XXI. Fines and forfeitures collected by the clerk for violations of municipal ordinances, codes, or regulations, except those adopted pursuant to RSA 31:39, I(g); RSA 41:11; RSA 47:17, IV, VI, VII, or VIII; and RSA 105:6 through RSA 105:7, shall be remitted monthly to the treasurer of the municipality prosecuting said violations, for the use of the municipality. All expenses related to the processing of parking violations and the administrative collection of parking fines shall be the responsibility of the local unit of government, and all fines collected shall be retained in their entirety by the local unit of government.
179 Department of Health and Human Services; Manufacture and Sale of Beverages; Rulemaking. Amend 143:6, II(a) to read as follows:
(a) Licenses, license classes, and fees under RSA 143:11 and RSA 143:12.
180 Manufacture and Sale of Beverages. Amend RSA 143:12 to read as follows:
143:12 Registration by Nonresident Vendors. No beverage or beverage concentrate, for retail sale, manufactured out of the state, shall be sold or offered for sale within the state unless the same has first been registered by its manufacturer or by the manufacturer's agent with the department of health and human services. Such registration shall be in form similar to that provided in RSA 143:11 and shall be issued subject to suspension, revocation, and cancellation as elsewhere specified in this subdivision for licenses. An annual registration fee [of $140] established by rule under RSA 143:6, II(a), to defray the cost of inspection and analysis of all the products of the same manufacturing plant, shall be paid to the department of health and human services by the manufacturer, importer, agent, or vendor.
181 Department of Health and Human Services; Homestead Food License. Amend RSA 143-A:12, II to read as follows:
II. There is hereby established a 2-level homestead license. [For a level one license, a one-time fee of $25 shall be paid to the department of health and human services. The level 2 homestead license shall be based on gross sales.] Fees for each level shall be established by rule under RSA 143-A:13, V. It shall be unlawful for a processor or a manufacturer to operate a homestead without a homestead license as required under this subdivision. The commissioner and the commissioner of the department of agriculture, markets, and food shall administer the homestead licensure required under this subdivision.
182 Department of Health and Human Services. Homestead Food License; Rulemaking. Amend RSA 143-A:13, V to read as follows:
V. Fees for [a] level 1 and 2 [license] licenses, including application fees and fees for renewal.
183 Heath Facilities; Licensure; Fees. RSA 151:5 is repealed and reenacted to read as follows:
151:5 Licenses.
I. Licenses issued hereunder shall expire one year after the date of issuance. Licenses shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises. Fees for an annual license shall be as follows:
(a) Hospitals; $31 per licensed bed.
(b) Specialty hospital-psychiatric; $31 per licensed bed.
(c) Specialty hospital-rehabilitation; $31 per licensed bed.
(d) Nursing homes; $31 per licensed bed.
(e) Acute psychiatric residential treatment programs; $31 per licensed bed.
(f) Residential treatment and rehabilitation facilities; $31 per licensed bed.
(g) Hospice houses; $31 per licensed bed.
(h) Licensed community residences; $31 per licensed bed.
(i) Adult family care homes; $31 per licensed bed.
(j) Residential and supported residential care; $18 per licensed bed.
(k) Home health hospice providers; $305.
(l) Home health care providers; $305.
(m) Personal care providers:
(1) Less than 10 clients; $122.
(2) Ten (10) or more clients; $305.
(n) Outpatient clinics; $611.
(o) End stage renal dialysis centers; $611.
(p) Ambulatory surgical centers; $611.
(q) Educational health centers; $611.
(r) Freestanding emergency rooms; $611.
(s) Health promotion clinics; $611.
(t) Collecting stations; $305.
(u) Adult day care centers; $244.
(v) Birthing centers; $183.
(w) Case management agencies; $183.
(x) Laboratories; $183 per year for each category of testing licensed.
II. When an applicant first applies for an initial license the department of health and human services shall conduct one in-office consultation meeting, one initial on-site licensing visit and, if applicable, one initial on-site life safety code visit at no cost over and above the licensing fee set forth in paragraph I. If at the time of the initial licensing visit the applicant is not in compliance with licensing rules or, if applicable, life safety code provisions, such that an additional licensing visit or life safety code visit must take place, the applicant shall be charged an additional amount equal to 50 percent of the licensing fee set forth in paragraph I per additional visit.
184 Department of Health and Human Services; Prior Authorization of Wheelchair Van, Non-Emergency Ambulance, Occupational Therapy Services, and Methadone Clinic Services. The commissioner of health and human services shall submit Title XIX Medicaid state plan amendments to the federal Centers for Medicare and Medicaid Services to implement prior authorization of wheelchair van services, non-emergency ambulance services, occupational therapy services, and methadone clinic services effective July 1, 2009. Upon approval of said state plan amendments, and as of the effective date of the state plan amendments, all claims for wheelchair van services, non-emergency ambulance services, occupational therapy services, and methadone clinic service shall have an approved prior authorization prior to being paid with Medicaid funds. The commissioner shall adopt rules pursuant to RSA 541-A consistent with this section.
185 Department of Health and Human Services; Contract for Medical Supplies and Equipment. The department of health and human services shall explore and implement opportunities to procure medical equipment and/or medical supplies in a manner that is cost efficient and maintains adequate access under the Medicaid state plan. This may include competitive procurement of certain items, redesigning the reimbursement structure to reflect commonly accepted methodologies, and other opportunities as identified.
186 Community Mental Health Centers; Administrative Requirements Suspended. The commissioner of the department of health and human services shall submit a report to the oversight committee on health and human services established in RSA 126-A:13 by September 30, 2009, detailing administrative and reporting requirements for community mental health centers which may be suspended for the biennium ending June 30, 2011, without jeopardizing the public's health and safety. The oversight committee on health and human services shall review and approve the report prior to the implementation of any of the report’s recommendations. The oversight committee may require revisions to the report as deemed necessary. The commissioner shall provide copies of the approved report to the chairpersons of the house and senate finance committees. Said report shall include, but not be limited to, the statutory or regulatory basis for each requirement, an assessment of the continued need, if any, for the requirement, an assessment of any potential impact on the clients served, and proposals for alternative ways to accomplish the original intent without further burdening the community mental health centers.
187 Uncompensated Care Fund; Analysis and Report Required.
I. The commissioner of the department of health and human services is hereby directed to perform an analysis of options for altering the operation of the uncompensated care fund to more fully and effectively support providers of uncompensated care in New Hampshire on the basis of their uncompensated care costs. For purposes of this section, uncompensated care costs may include: charity care costs, any portion of Medicaid patient care costs that are unreimbursed by Medicaid payments, and any portion of bad debt costs that the commissioner determines would meet the criteria under 42 U.S.C. section 1396r-4(g) governing hospital-specific limits on disproportionate share hospital payments under Title XIX of the federal Social Security Act. The commissioner shall develop recommendations regarding reimbursement of the uncompensated care costs of those hospitals that are subject to the tax liability imposed under RSA 84-A and that participate in the New Hampshire Medicaid program. The commissioner’s analysis shall be structured in such a manner as to:
(a) Reduce, to the greatest extent practicable, the disproportionate impact among hospitals of uncompensated care costs;
(b) Permit maximum available federal financial participation for these payments in accordance with Title XIX of the federal Social Security Act; and
(c) Be consistent with all federal laws and regulations governing Title XIX disproportionate share hospital payment adjustments and permissible sources of state financial participation as provided for under 42 C.F.R. part 433.
II. In developing the recommendations required by this section, the commissioner shall seek input from the chair of the senate health and human services committee, the chair of the house health, human services and elderly affairs committee, the insurance department, and representatives of hospitals currently participating in the uncompensated care program. The commissioner shall present a report detailing all the options and making recommendations to the oversight committee on health and human services, established under RSA 126-A:13, not later than November 30, 2009.
188 Highway and Bridge Betterment Program; Funding. Amend RSA 235:23-a, II to read as follows:
II. The program shall be funded from $.03 per gallon of the road toll imposed under RSA 260:32; of these revenues, in each fiscal year 88 percent shall be deposited into a separate account established in the highway fund called the highway and bridge betterment account, to be allocated as provided in paragraph III. The amount deposited into the highway and bridge betterment account is hereby continually appropriated and shall be nonlapsing. The remaining 12 percent shall be distributed in accordance with the formula in RSA 235:23, I, and shall be in addition to any amounts to be allocated under that paragraph. The program shall be additionally funded by $10 of each original driver’s license or driver’s license renewal deposited in the highway and bridge betterment account pursuant to RSA 263:42, I.
189 Driver’s License Fees. Amend RSA 263:42, I to read as follows:
I. For each original driver’s license and examination or driver’s license renewal, other than for a commercial vehicle or motorcycle- [$50] $60; for each youth operator’s license and examination- [$10] $12 per year, not to exceed [$50] $60; for each license issued to a nonresident alien for less than 5 years- [$10] $12 per year or portion thereof; for each original commercial driver license and examination or commercial driver license renewal- [$60] $70; for each commercial driver license reexamination in a one-year period- $20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction- $10; for each special motorcycle original license and examination or special motorcycle license renewal- [$50]$60; for each original motorcycle endorsement- $25; for each motorcycle endorsement renewal- no charge. For each original driver’s license issued, $5 shall be credited to the driver training fund established by RSA 263:52. For each original driver’s license or driver’s license renewal, $10 shall be credited to the highway and bridge betterment account established in RSA 235:23-a. Except as provided in RSA 263:14 and RSA 263:39-a, III, every license shall expire on the licensee’s birth date in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.
190 Motor Fuel and Petroleum Products Transporter. Amend RSA 260:42, I to read as follows:
I. Every person not registered as a distributor who transports motor fuel or products subject to the fees stipulated in RSA 146-A, to a point or points outside the state from a point or points within the state, to a point or points within the state from a point or points outside the state, or to a point or points within the state from a point or points within the state, every common carrier or contract carrier who transports motor fuel or petroleum products, and every licensed distributor who transports motor fuel or petroleum products exclusive of the carrier’s own product shall be licensed with the commissioner as a motor fuel and petroleum products transporter.
191 Motor Fuel and Petroleum Products Transporter. Amend RSA 260:42, V to read as follows:
V. The transporter shall report to the commissioner on forms prescribed by the commissioner, not later than the twentieth of the succeeding calendar month, subject to prosecution for unsworn falsification, all deliveries of motor fuel and petroleum products made to or from points within the state during the previous calendar month. Such reports shall contain sufficient information to identify the quantities delivered, the consignor, the consignee and such additional information as the commissioner may require. A report shall be filed for any month in which no activity occurs. Information required pursuant to this paragraph which has been deemed confidential or as to which a request for confidential treatment is pending shall not be shown to or reviewed by any person other than the employees of the department who have a legitimate need to know the information for the purposes of enforcement of this subdivision, or fuel tax officials of another state as required by RSA 260:56, I, in which case the officials shall be required by the commissioner to agree to a similar limitation on disclosure before such information is furnished.
192 Continuation of Executive Orders. Executive Order 2008-1, directing a freeze of executive branch hiring, equipment purchases, and out-of-state travel and Executive Order 2008-8, directing a freeze of executive branch purchases, shall remain in effect until June 30, 2011, unless earlier terminated by order of the governor.
193 Department of Transportation; Agreements to Lease-Purchase Vehicles and Equipment Authorized. For the biennium ending June 30, 2011, the commissioner of the department of transportation is authorized to enter into agreements to lease-purchase vehicles and equipment.
194 Department of Transportation; Federal Assistance Grant; Appropriation. Any sum received in the fiscal years ending June 30, 2010 or June 30, 2011 from the Federal Emergency Management Agency or Federal Highway Administration’s Emergency Relief Program or any other federal program providing emergency assistance to the department of transportation to reimburse costs incurred for emergency response, including, but not limited to, equipment rental, snow plowing, sanding, salting, flood damage response, and personnel overtime during any emergency declared shall be collected by the appropriate agency and appropriated to the department of transportation.
195 Election Fund. Amend RSA 5:6-d, II and III to read as follows:
II. The treasurer shall deposit in the election fund all monies received by the state pursuant to the Help America Vote Act of 2002, Public Law 107-252 [and all civil or administrative fines or penalties or filing fees collected by the secretary of state pursuant RSA 655; RSA 659; and RSA 664]. The treasurer shall also deposit in the election fund such other funds received under state or federal law, or donated to the state by private parties, for the purposes of conducting elections, voter and election official education, election law enforcement, and related information technology projects and improvements, and shall credit any interest or income earned on monies on deposit to the fund.
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, election law enforcement, and improvements to related information technology. [The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 20 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.]
196 Availability of Checklist and Voter Information. Amend RSA 654:31, V to read as follows:
V. Except for fees collected on behalf of a city or town, fees collected by the secretary of state under this section shall be deposited in the [election fund established pursuant to RSA 5:6-d] general fund. Fees collected by a town or city or by the secretary of state on behalf of a city or town under this section shall be for the use of the town or city.
197 Filing Fees. Amend RSA 655:19, II to read as follows:
II. The fees paid to a town or city clerk by candidates for state representative shall be forwarded to the treasurer of the town or city and shall be for the use of the town or city. The fees paid to the secretary of state shall be deposited by the secretary of state in the [election fund established pursuant to RSA 5:6-d] general fund.
198 Administrative Assessment; Primary Petitions; Nomination Papers. Amend RSA 655:19-c, II to read as follows:
II. The administrative assessment paid to a town or city clerk by candidates for state representative shall be forwarded to the treasurer of the town or city and shall be for the use of the town or city. The administrative assessment paid to the secretary of state shall be deposited by the secretary of state into the [election fund established pursuant to RSA 5:6-d] general fund.
199 Wrongful Voting; Penalties for Voter Fraud. Amend RSA 659:34, III(b) to read as follows:
(b) The written notice shall be served in hand or sent by registered or certified mail to the last known address of such person. The person shall have 30 days to pay any civil penalty assessed under this section to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
200 Distributing Campaign Materials at Polling Place. Amend RSA 659:43, IV to read as follows:
IV.(a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000.
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
(c) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
201 Election Procedures; Prohibited Acts; General Provisions. Amend RSA 659:45 to read as follows:
659:45 General Provisions. It shall be the responsibility of the moderator to report any violation occurring under RSA 659:34 through RSA 659:44 to the attorney general. All fines imposed under RSA 659:35 through RSA 659:44 shall be paid to the county in which the offense was committed. All penalties assessed under RSA 659:34 shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
202 Registration of Political Committees. Amend RSA 664:3, I to read as follows:
I. Any political committee, except the political committee of a political party, shall register with the secretary of state as provided in this section. The committee shall register with the secretary of state not later than 24 hours after receiving any contribution in excess of $500 or before making any expenditure in excess of $500, but in no event later than 14 days after the formation of the committee. The registration shall be accompanied by a fee of $50, which shall be deposited by the secretary of state into the [election fund established pursuant to RSA 5:6-d] general fund; provided, however, that the political committee of a candidate which registers under this section shall not be required to pay the $50 fee. Each political committee shall designate a treasurer or agent who is a citizen of this state and who is authorized to receive all process and other legal documents on behalf of the political committee, and through whom may be obtained access to all books and records of the political committee. The political committee shall file with the secretary of state a statement of the purpose of the committee and shall indicate whether the committee will be making independent expenditures in support of or in opposition to any candidate including a statement of the name, address, occupation, and principal place of business of its chairperson and treasurer or agent, and the names and addresses of other officers. The committee shall file an amendment to its registration within 14 days of any change in the officers or purpose of the committee.
203 Political Expenditures and Contributions; Enforcement; Penalty. Amend RSA 664:21, II to read as follows:
II. Any fine assessed under the provision of this section shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
204 Political Expenditures and Contributions; Enforcement; Penalty. Amend RSA 664:21, VI(b)-(c) to read as follows:
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
(c) The attorney general shall have authority to notify suspected violators of RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
205 Impersonation of Candidates. Amend RSA 666:7-a, II(b)-(c) to read as follows:
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 666:7-a a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
(c) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the [election fund established pursuant to RSA 5:6-d] general fund.
206 Board of Tax and Land Appeals; Requirements for Caseload and Efficiencies Analysis Report. The board of tax and land appeals shall prepare a report analyzing the mission of the board, matters handled by the board, staffing of the board, changing caseloads, and proposals to achieve efficiencies in board operations and costs. The board of tax and land appeals shall submit its report on caseloads and efficiencies to the speaker of the house of representatives and the president of the senate by December 15, 2009.
207 Business Profits Tax; Credit Suspended. For fiscal year 2011, the credits accrued for business enterprise taxes paid pursuant to RSA 77-E against the business profits tax under RSA 77-A:5, X shall not be utilized. However, beginning July 1, 2012, the credits accrued in fiscal year 2011 may, notwithstanding the provisions of RSA 77-A:5, X, be carried forward for a 10-year period.
208 Operating Budget; Transfer of Dedicated Funds. Notwithstanding RSA 6:12 and any other law to the contrary, the department of administrative services shall transfer from the workers’ compensation fraud fund and workers’ compensation safety inspection fund a total of $500,000 to the general fund on July 1, 2009.
209 New Chapter; Video Lottery Machines. Amend RSA by inserting after chapter 284 the following new chapter:
CHAPTER 284-A
VIDEO LOTTERY MACHINES
284-A:1 Definitions. In this chapter:
I. “Applicant” means any person, officer, director, or key employee, who on his or her own behalf or on behalf of another, is applying for permission to engage in any act or activity which is regulated under the provisions of this chapter. In cases in which the applicant is a corporation, foundation, organization, business trust, estate, limited liability company, trust, partnership, limited partnership, association, or any other form of legal business entity, the lottery commission shall determine the associated persons whose qualifications must be provided and reviewed as a precondition to the licensing of the applicant.
II. “Central computer system” means a central monitor and control system provided and monitored by the lottery commission to which video lottery terminals communicate for purposes of information retrieval, retrieval of the win and loss determination from video lottery machines, and programs to activate and disable video lottery machines.
III. “Facility location” means any north country facility location or any pari-mutuel licensee location and the portion of such facility approved for video lottery machine operations.
IV. “Key employee” means any individual who is employed in a director or department head capacity and who is authorized to make discretionary decisions that regulate video lottery machine operations, including the general manager and assistant manager of the operator licensee or technology provider, director of operations, director of cage and/or credit operations, director of surveillance, director of marketing, director of management information systems, director of security, comptroller, and any employee who supervises the operations of these departments or to whom these department directors or department heads report and such other positions which the lottery commission shall determine based on detailed analyses of job descriptions as provided in the internal controls of the licensee. All other gaming employees shall be considered as non-key employees.
V. “Net machine income” means all cash or other consideration utilized to play a video lottery machine, less all cash or other consideration paid to players of video lottery machines as winnings. Non cashable promotional credits shall be excluded from the calculation.
VI. “North country facility location” means one of no more than 2 facilities selected and approved by the lottery commission pursuant to this chapter, one of which shall be located in Grafton county and one of which shall be located in Coos county.
VII. “Operator applicant” means the applicant applying for an operator’s license to operate video lottery machines at a facility location.
VIII. “Operator’s license” means the license issued by the lottery commission to an operator licensee which allows the operator licensee to possess, conduct, and operate video lottery machines in accordance with this chapter.
IX. “Operator licensee” means an operator applicant who is issued a license by the lottery commission to procure and operate video lottery machines pursuant to this chapter.
X. “Pari-mutuel licensee” means an entity licensed and authorized to conduct live horse racing as provided in RSA 284:16 or live dog racing as provided in RSA 284:16-a for at least the number of days as required in RSA 284:22-a, II(a)(3) at a pari-mutuel licensee location.
XI. “Pari-mutuel licensee location” means the facility at which a pari-mutuel licensee is located and where a pari-mutuel licensee was authorized to conduct live horse racing or live dog racing as of January 1, 2009 for at least the number of days as required in RSA 284:22-a, II(a)(3), and any real estate in which a pari-mutuel licensee had an interest as of January 1, 2009 which is adjacent to the real estate on which a pari-mutuel licensee is authorized to conduct live horse racing or live dog racing as of January 1, 2009.
XII. “Progressive jackpot” means a prize that increases over time or as video lottery machines that are linked to a progressive system are played. Upon conditions established by the lottery commission, a progressive jackpot may be paid by annuity.
XIII. “Progressive system” means one or more video lottery machines linked to one or more common progressive jackpots.
XIV. “Technology provider” means any person or entity which designs, manufactures, installs, distributes, or supplies video lottery machines for sale or lease to the operator licensees, and which are for use by an operator licensee for conducting video lottery games in accordance with this chapter.
XV. “Technology provider license” means the license issued by the lottery commission to a technology provider licensee which allows the technology provider licensee to design, manufacture, install, distribute, or supply video lottery machines for sale or lease to the operator licensees.
XVI. “Technology provider licensee” means a technology provider that is licensed by the lottery commission.
XVII. “Token” means the coin or coupon, which is not legal tender, sold by a cashier in a face amount equal to the cash paid by a player for the sole purpose of playing a video lottery machine at a facility location or paid to a player of a video lottery machine, which can be exchanged for cash at a facility location.
XVIII. “Video lottery” means any lottery conducted with a video lottery machine or linked video lottery machines with an aggregate progression prize or prizes. Video lottery conducted pursuant to this chapter shall not be considered a state-run lottery.
XIX. “Video lottery machine” means an electronic, mechanical, or computerized machine which, upon the insertion of bills, coins, tokens, or any representative of value is available to be played where, by chance or skill, or both, the player may receive cash, cash equivalents, or tokens. Video lottery machines include, but are not limited to, slot machines, video poker machines, and other lottery machines. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins, or tokens unnecessary. Video lottery machines do not include any redemption slot machines or redemption poker machines as defined in RSA 647:2 or video poker machines or other similar machines used for amusement purposes only.
284-A:2 Video Lottery Oversight.
I. No license shall be issued to any person under this chapter without prior approval of the lottery commission pursuant to this chapter and RSA 284:21-w. The lottery commission shall only issue licenses to persons who operate video lottery machines at a facility location after meeting the requirements of RSA 284-A:6.
II. The lottery commission shall have general responsibility for the implementation of this chapter and shall adopt rules under RSA 541-A relative to:
(a) Hearing and deciding all license applications or recommendations for the suspension or revocation of any license issued under this chapter.
(b) Conducting all investigations required under this chapter with regard to the application of any applicant for any license.
(c) Conducting hearings pertaining to civil violations, rules, and penalties required under this chapter.
(d) Establishing standards and a reasonable fee structure for the licensing and renewal of licenses for employees and operators, technology providers, and operator licensees consistent with RSA 284-A:5, I(e) and II(e).
(e) Establishing technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as deemed necessary to protect the public from fraud or deception and to insure the integrity of the operation.
(f) Establishing standards for licensing under RSA 284-A:6.
(g) Establishing standards for reviewing any structure at a facility location.
(h) Ensuring that all licensees update the lottery commission with regard to any change in ownership or material change in information or data regarding the licensee that the commission determines is necessary and appropriate.
III. Pending the adoption of rules under RSA 541-A, the lottery commission shall adopt interim rules pursuant to RSA 541-A:19 after public hearing and within 90 days after enactment of RSA 284-A. Such interim rules shall implement the provisions of RSA 284-A including an approval process for selecting the provider of the central computer system.
IV. The lottery commission shall provide and operate a single central monitor and control system into which all licensed video lottery machines shall be connected.
(a) The central monitor and control system shall be capable of:
(1) Continuously monitoring, retrieving, and auditing the operations, financial data, and program information of all video lottery machines;
(2) Allowing the lottery commission to account for all money inserted in and payouts made from any video lottery terminal;
(3) Disabling from operation or play any video lottery machine as the lottery commission deems necessary to carry out the provisions of this chapter;
(4) Supporting and monitoring a progressive jackpot system capable of operating one or more progressive jackpots; and
(5) Providing any other function that the lottery commission considers necessary.
(b) The central monitor and control system shall employ a widely accepted gaming industry communications protocol, as approved by the Gaming Standards Association, to facilitate the ability of video lottery machine manufacturers to communicate with the statewide system.
(1) Except as provided in subparagraph (2), the lottery commission shall not allow an operator licensee to have access to, or obtain information from, the central monitor and control system.
(2) If the access does not in any way affect the integrity or security of the central monitor and control system, lottery commission may allow an operator licensee to have access to the central monitor and control system that allows the licensee to obtain information pertinent to the legitimate operation of its video lottery.
V. The lottery commission may issue subpoenas and compel the attendance of witnesses, and may administer oaths and require testimony of witnesses under oath.
VI. No later than November 1 in each calendar year, the lottery commission shall submit a report to the fiscal committee of the general court, regarding the operation of video lottery machines. Such report may include recommendations for future legislation.
VII.(a) The lottery commission shall keep a written record of all proceedings of public meetings of the commission.
(b) The lottery commission shall keep and maintain a list of all applicants for licenses it receives under this chapter together with a record of all actions taken with respect to such applicants. A file and record of the actions by the lottery commission shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.
(c) The lottery commission shall maintain such other files and records as the commission determines is necessary. All records maintained by the lottery commission may be maintained in digital or other format provided that such information can be produced in written form upon the request of the commission.
(d) All information and data required by the lottery commission to be furnished to it, or which may otherwise be obtained, shall be considered to be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the attorney general, to a duly authorized law enforcement agency.
(e) All information and data pertaining to an applicant’s or key employee’s criminal record, finances, family, and background furnished to or obtained by the lottery commission from any source shall be considered confidential and shall be withheld in whole or in part. Such information shall be released upon the lawful order of a court of competent jurisdiction or to a duly authorized law enforcement agency.
(f) Notice of the contents of any information or data to be released, except to a duly authorized law enforcement agency pursuant to subparagraphs (d) or (e), shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules adopted by the lottery commission so that the applicant, registrant, or licensee has the opportunity to object to such release.
VIII. The lottery commission, the attorney general, and the state police gaming enforcement unit may from time to time contract for such financial, economic, or security consultants, and any other technical and professional services as the lottery commission deems necessary for the discharge of its duties.
IX. The lottery commission shall establish standards for reviewing, selecting, and granting approval for no more than 2 north country facility locations. Selection standards shall specify the process and fees for seeking approval and the criteria which shall be met by applicants. Applications requesting review and approval of any north country facility location must be received by the lottery commission by July 1, 2010 or no approval shall be granted for any north country facility location under this chapter. Criteria shall include:
(a) The availability of local resources to support services and amenities necessary to accommodate projected guest volume in the form of transportation, rooms and meals, utilities, law enforcement, and mental health services.
(b) The immediate and long range financial feasibility of the applicant’s proposed project.
(c) The character and fitness of the owners of the facility.
(d) Whether the applicant has obtained the approval of the municipality in which the project is proposed by local referendum.
(e) A minimum capital investment of $10,000,000 in the construction or renovation of the facility location.
(f) An agreement with an operator to operate video gaming at the proposed north country facility location consistent with this chapter.
(g) The availability of space in the facility for charitable gaming to take place under RSA 287-D.
X. A north country facility location shall commence construction of the gaming facility within 12 months of receiving approval of the facility location pursuant to paragraph IX, and a pari-mutuel licensee location shall commence any necessary construction or renovation of the area intended for operation of video lottery machines within 12 months of the pari-mutuel licensee or its operator applicant filing an application for an operator’s license pursuant to RSA 284-A:5.
284-A:3 Authorization for Video Lottery Machines.
I. An operator licensee may install, operate, and conduct video lottery machines at a facility location in accordance with the provisions of this chapter.
II. A facility location may enter into one or more agreements with an operator licensee to manage or participate in the operation of video lottery machines at its approved or in the case of a pari-mutuel licensee its licensed facility location in accordance with the provisions of this chapter.
284-A:4 Licenses; Number of Video Lottery Machines.
I. No person shall engage in the ownership, possession, or operation of a video lottery machine unless:
(a) Such person is licensed in accordance with the provisions of this chapter;
(b) Local approval as provided in RSA 284-A:9 has been obtained; and
(c) Such person provides adequate space to accommodate charitable gaming as permitted under RSA 287-D.
II. Any operator or technology provider shall be licensed by the lottery commission prior to engaging in any operation of video lottery machines.
III. Each operator licensee operating video lottery machines at a pari-mutuel licensee location at which live dog racing is conducted shall be limited to a maximum of 2,000 video lottery machines in operation at each such pari-mutuel licensee location.
IV. Each operator licensee operating video lottery machines at a pari-mutuel licensee location at which live horse racing is conducted shall be limited to a maximum of 5,000 video lottery machines in operation at each such pari-mutuel licensee location.
V. Each operator licensee operating video lottery machines at a north country facility location shall be limited to a maximum of 2,000 video lottery machines in operation at each such approved location.
284-A:5 License Requirements for Operators and Technology Vendors.
I.(a) A pari-mutuel licensee or other operator applicant shall obtain an operator’s license from the lottery commission to possess, conduct and operate video lottery machines at a facility location. In the event that a pari-mutuel licensee enters into an agreement with another person or entity to manage and operate video lottery machines at its pari-mutuel licensee location, that person or entity shall apply as the operator licensee applicant. An applicant must complete and sign an application on forms prescribed by the lottery commission, and include information regarding the applicant’s criminal history background, civil judgments, and financial affairs. The application shall include the full name, address, date of birth, and other personal identifying information of the applicant and all key employees, and if a corporation or other form of business enterprise, the same information shall be provided with respect to each partner, trustee, officer, director, and any shareholder or other holder who owns more than 10 percent of the legal or beneficial interests of such entity. The lottery commission shall not accept applications from an operator applicant after December 31, 2010, unless the operator applicant has an agreement with a facility location that has previously maintained video lottery machine operations consistent with this chapter.
(b) If the applicant or any owner has held or holds a gaming or video lottery machine license in a jurisdiction where video lottery machine activities are permitted, the applicant shall so state and may produce either a letter of reference from the gaming or lottery enforcement or control agency which sets forth the experience of that agency with the applicant, the applicant’s associates and gaming operations, or a statement under oath that the applicant is or was during the period the activities were conducted in good standing with the agency.
(c) The attorney general shall conduct a background review of each operator applicant and any of its owners and key employees consistent with RSA 284:A-6. The background review may be conducted through any appropriate state or federal law enforcement system and the authorized reviewers may seek information as to the subject’s financial, criminal, or business background, or any other information which the attorney general, in his or her sole discretion, may find relevant to the subject’s fitness to be associated with the ownership or management of the operation of video lottery machines in New Hampshire, including, but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. If the applicant is a pari-mutuel licensee and the attorney general has conducted a background investigation pursuant to RSA 284:15-b, within the 12 months prior to the application filing, the attorney general may rely on the results of the previous investigation to the extent the applicant’s circumstances have not materially changed. The attorney general shall also take into consideration as evidence of fitness a letter of reference or sworn statement of good standing produced pursuant to RSA 284-A:5, I(b). The attorney general shall report the results of the background review to the lottery commission within 60 days. Notwithstanding any other law to the contrary, the information provided to the attorney general and the results of any such review shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general, in the attorney general’s sole discretion, shall determine the extent to which and the manner in which said results may be reported to the lottery commission or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such a review, the attorney general shall notify the lottery commission whether or not in his or her opinion such person is fit to be associated with participation in the ownership or management of the operation of video lottery machines in this state. The attorney general may conduct such review on the attorney general’s motion into the background of the license applicant or holder, or any person or entity upon whom the license applicant or holder relies for financial support.
(d) In any review conducted pursuant to subparagraph (c), the attorney general or any duly authorized member of the attorney general’s staff may require by subpoena or otherwise the attendance of witnesses and the production of such correspondence, documents, books, and papers as he or she deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses.
(e)(1) The lottery commission shall impose an application fee of $100,000 which shall be used to defray the cost of processing the application. If the cost of processing the application exceeds $100,000, the applicant shall pay the difference. In the event that a pari-mutuel licensee makes an agreement pursuant to RSA 284-A:3, II and the operator applicant applies for the operator’s license, then the amount of the fee shall be the greater of $100,000 or the actual costs incurred by the lottery commission.
(2) The attorney general shall impose an investigation fee of $50,000 which shall be used to defray the cost of the background investigation. If the cost of the background investigation exceeds $50,000, the applicant shall pay the difference. In the event that a pari-mutuel licensee makes an agreement pursuant to RSA 284-A:3, II and that the operator applicant applies for the operator’s license, then the amount of the fee shall be the greater of $50,000 or the actual costs incurred by the attorney general.
(3) Upon approval of a pari-mutuel licensee or operator licensee, the lottery commission shall charge an initial license fee of $50,000,000 for a pari-mutuel licensee or operator licensee where live horse racing takes place, $20,000,000 for a pari-mutuel licensee or operator licensee where live dog racing takes place, and $10,000,000 for an operator licensee at a north country facility location. The lottery commission shall charge a license fee of $1,000,000 to renew a license to a pari-mutuel licensee or an operator’s licensee where live horse racing takes place, $500,000 where live dog racing takes place, and $500,000 for an operator licensee at a north country facility location, however, such person seeking renewal of his or her license shall pay all costs incurred by the attorney general to conduct an investigation with regard to such application to renew the operator’s license.
II.(a) A technology provider licensee applicant shall secure a technology provider license from the lottery commission. An applicant shall complete and sign an application on forms prescribed by the lottery commission, and include information regarding the applicant’s criminal history background, civil judgments, and financial affairs. The application shall include the full name, address, date of birth, and other personal identifying information of the applicant and all key employees, and if a corporation or other form of business enterprise, the same information shall be provided with respect to each partner, trustee, officer, director, and any shareholder or other holder who owns more than 10 percent of the legal or beneficial interests of such entity.
(b) If the applicant or any owner has held or holds a gaming or video lottery machine license in a jurisdiction where video lottery machine activities are permitted, the applicant shall so state and may produce either a letter of reference from the gaming or lottery enforcement or control agency which sets forth the experience of that agency with the applicant, the applicant’s associates and gaming operation, or a statement under oath that the applicant is or was during the period the activities were conducted in good standing with the agency.
(c) The attorney general shall conduct a background review of each technology provider applicant and any of its owners and key employees. The review may be conducted through any appropriate state or federal law enforcement system and may seek information as to the subject’s financial, criminal, or business background, or any other information which the attorney general, in his or her sole discretion, may find relevant to the subject’s fitness to be associated with the distribution of video lottery machines in New Hampshire, including, but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. The attorney general shall take into consideration as evidence of fitness a letter of reference or sworn statement of good standing produced pursuant to subparagraph (b). The attorney general shall report the results of the review to the lottery commission within 60 days. Notwithstanding any other law to the contrary, the information provided to the attorney general and the results of any such review shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general, in the attorney general’s sole discretion, shall determine the extent to which and the manner in which said results may be reported to the lottery commission or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such a review, the attorney general shall notify the lottery commission whether or not in his or her opinion such person is fit to be associated with the distribution of video lottery machines in this state. The attorney general may conduct a background review on the attorney general’s motion into the background of the license applicant or holder, or any person or entity upon whom the license applicant or holder relies for financial support.
(d) In any review conducted pursuant to subparagraph (b), the attorney general or any duly authorized member of the attorney general’s staff may require by subpoena or otherwise the attendance of witnesses and the production of such correspondence, documents, books, and papers as he or she deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses.
(e)(1) The lottery commission shall charge the technology provider applicant an application fee of $100,000 which shall be used to defray the cost of processing the application. If the cost of processing the application exceeds $100,000, the applicant shall pay the difference.
(2) The attorney general shall charge the technology provider applicant an investigation fee of $25,000 which shall be used to defray the cost of the background investigation. If the cost of the background investigation exceeds $25,000, the applicant shall pay the difference.
(3) Upon approval of a technology provider licensee, the lottery commission shall charge an initial license fee of $50,000. The lottery commission shall charge a fee of $50,000 to renew a license to a technology provider licensee provided, however, such person seeking renewal of its license shall pay all costs incurred by the attorney general to conduct an investigation with regard to such application to renew the operator’s license.
284-A:6 Licensure Requirements.
I. No license shall be issued by the lottery commission unless the applicant demonstrates it complies with the provisions of this section. The lottery commission shall consider as evidence any letter of reference or sworn statement of good standing submitted pursuant to RSA 284-A:5, I(b) or RSA 284-A:5, II(b):
(a) The applicant’s financial stability, integrity, and responsibility, considering, without limitation, bank references, business and personal income and disbursement schedules, tax returns, and other reports filed with governmental agencies, business and personal accounting records, check records, and ledgers.
(b) The trustworthiness of all financial backers, investors, mortgagees, bondholders, and holders of indentures, notes, and other evidences of indebtedness of the applicant.
(c) The applicant’s good character, honesty, and integrity, considering, without limitation, information pertaining to family, habits, character, reputation, criminal and arrest record, business activities, financial affairs, and business, professional, and personal associates, covering at least the 10-year period immediately preceding the filing of the application.
(d) The applicant’s business ability and experience in the operation of video lottery machines, as appropriate, so as to establish the likelihood of a successful and efficient operation.
II. No license shall be issued by the lottery commission to any applicant unless the applicant proves that each director, officer, or key employee and each direct or indirect owner complies with the criteria for licensure contained in this section.
III. No license shall be issued by the lottery commission to any operator or technology provider applicant if the applicant, any key employee, or any individual who has an ownership or financial interest in or with the applicant or its facility location is an elected official of the general court or executive branch of the state of New Hampshire or the attorney general’s office or lottery commission on a full or part-time or contractual basis at any time during the previous 2 years. If any such applicant, key employee, or any individual who has an ownership or financial interest in the applicant becomes such an elected official, the applicant shall be subject to sanctions pursuant to RSA 284-A:14.
IV.(a) No license shall be issued by the lottery commission to an operator applicant at a pari-mutuel license location unless the operator applicant is a pari-mutuel licensee seeking to operate video lottery machines at a pari-mutuel licensee location, or, if not a pari-mutuel licensee, the operator applicant submits proof of an agreement to manage and operate video lottery machines at a pari-mutuel licensee location.
(b) No license shall be issued by the lottery commission to an operator applicant at a north country facility location unless the operator applicant is the owner of the north country facility location seeking to operate video lottery machines at the north country facility location, or, if not the owner of the north country facility location, the operator applicant submits proof of an agreement to manage and operate video lottery machines at the north country facility location.
V. No licensee or any individual or entity that is an owner of, or has a financial interest in or with the licensee or facility location shall be permitted to make a political contribution as defined by RSA 664:2, VIII.
VI. The lottery commission shall grant or deny a license under this chapter within 180 days of receiving a completed application, notwithstanding the adoption of interim or final rules.
VII. The lottery commission may determine whether the licensing standards of another jurisdiction within the United States or Canada in which an applicant, its affiliate, intermediary subsidiary, or holding company for an operator or technology vendor license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this chapter. If the lottery commission makes that determination, it may issue an operator or technology vendor license to an applicant who holds a similar license in such other jurisdiction after conducting an evaluation of the information relating to the applicant from such other jurisdictions, as updated by the lottery commission, and evaluating other information related to the applicant received from that jurisdiction and other jurisdictions where the applicant may be licensed, the lottery commission may incorporate such information, in whole or in part, into its or the attorney general’s evaluation of the applicant.
284-A:7 Exclusion of Minors.
I. No person under 21 years of age shall play a video lottery machine authorized by this chapter. Each violation of this section shall be punishable by a fine of no more than $20,000 and shall be payable by such person who violates this section.
II. No operator licensee shall knowingly permit any person under 21 years of age to play or participate in any aspect of the play of a video lottery machine. Each violation of this section shall be punishable by a fine of no more than $20,000 and shall be payable by the operator licensee.
284-A:8 Distribution of Net Machine Income.
I. Forty-nine percent of the net machine income generated by video lottery machines shall be paid as follows:
(a) Forty percent of the net machine income generated by video lottery machines shall be paid to the state from which the state shall pay for the costs of regulation, administration, and enforcement of this chapter under RSA 21-P:11-b, the operation of the central computer system, and the balance shall be deposited in the general fund of the state.
(b) Three percent of the net machine income generated by video lottery machines operated by an operator licensee in any specific municipality shall be paid to the municipality in which the operator licensee operates video lottery machines.
(c) One percent of the net machine income generated by video lottery machines operated by an operator licensee in any specific county shall be paid to the county in which the operator licensee operates video lottery machines.
(d) Two percent of the net machine income generated by all video lottery machines shall be paid to the state treasurer and credited to the commissioner of the department of health and human services to support programs established by RSA 172 to treat problem gambling.
(e) One percent of the net machine income generated by video lottery machines shall be paid to the state treasurer and credited to the division of travel and tourism development, department of resources and economic development for the purpose of promoting tourism in the state.
(f) One percent of the net income generated by all video lottery machines shall be paid equally to the police standards and training council training fund established in RSA 188-F:30 and the fire standards and training and emergency medical services fund established RSA 21-P:12-d to be used for reimbursement of expenses incurred for certification training and salaries.
(g) One percent of the net machine income generated by all video lottery machines shall be paid to the state treasurer and credited to the racing and charitable gaming commission for the purpose of enhancing live racing purses at pari-mutuel licensees. The racing and charitable gaming commission shall adopt rules under RSA 541-A to implement this subparagraph.
II. The balance of the funds from the net machine income from video lottery machines shall be retained by the operator licensee that operates such video lottery machines.
III. The operator licensee shall deliver the amounts payable to the state or municipality as provided in paragraph I in immediately available funds of the United States on a weekly basis on the first business day of each week. At the time payment is delivered, the operator licensee shall provide a written accounting of net machine income generated from the video lottery machines by the operator licensee on an aggregate basis and the calculation of amounts due to the state separately for distribution pursuant to subparagraphs I(a), (d), (e), (f) and (g), the amount due the municipality pursuant to subparagraph I(b), the amount due to the county pursuant to subparagraph I(c), and the balance of net machine income retained by the operator licensee. The operator licensee shall pay a penalty of $1,000 for each day that payment or the accounting is not delivered on time to the state, a penalty of $1,000 for each day that payment or the accounting is not delivered to the municipality on time, and a penalty of $1,000 for each day that payment or the accounting is not delivered to the county on time.
284-A:9 Procedures for Adoption by Local Community.
I. Any municipality in which a facility location is situated may adopt the provisions of RSA 284-A, to allow the operation of video lottery machines, in the following manner:
(a) In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the questions shall be placed on the warrant of an annual or special town meeting, by the governing body or by petition pursuant to RSA 39:3.
(b) In a city or town that has adopted a charter pursuant to RSA 49-C or RSA 49-D, upon request of a facility location to authorize the operation of video lottery machines within the municipality in accordance with the provisions of RSA 284-A, the governing body shall place the question on the ballot to be voted upon at the next regularly scheduled municipal or biennial election unless such election is more than 90 days from the request. In such circumstance, the governing body shall place the question on the ballot for a special election called for the purpose of voting on said question and which special election shall occur within 75 days after the request is made. Such special election shall be held at the usual ward polling places by the regular election officials.
(c) If a majority of those voting on the question vote “Yes”, RSA 284-A shall apply in such town or city and the operation of video lottery machines shall be permitted within such town or city in accordance with RSA 284-A. If a majority of those voting on the question vote “No” the question may be voted on at a subsequent time in accordance with RSA 284-A:9, I and II provided, however, the town may consider the question at no more than one special meeting and the annual town meeting in the same calendar year after a “No” vote. A city or town subject to RSA 284-A:9, II may consider the question at no more than one special election and a regular municipal or biennial election in the same calendar year after a “No” vote.
(d) The wording of the question shall be substantially as follows: “Shall we adopt the provisions of RSA 284-A allowing the operation of video lottery machines at [insert the name of the facility location] located within the town?”
II. When a facility location requests a town or city to act under RSA 284-A:9, I, the facility location shall pay all costs associated with carrying out the actions under this section.
284-A:10 Inspection of Video Lottery Machines; Penalty for Tampering or Manipulating.
I. The lottery commission shall, periodically test video lottery machines installed at a facility location. In conducting such tests, the lottery commission shall use the services of an independent laboratory, and the cost of such independent laboratory shall be paid by the technology provider.
II. Any person who purposely manipulates the outcome, payoff, or operation of any video lottery machine by physical, electronic, or mechanical means, shall be guilty of a felony.
284-A:11 Video Lottery Machines.
I. An operator licensee shall provide to the lottery commission and the racing and charitable gaming commission, by diagram or narrative, a description of:
(a) The location of each video lottery machine available for play by the public.
(b) The location of all areas for the storage, maintenance, or repair of video lottery machines.
(c) A description of all security measures to be taken for the safeguarding of video lottery machines.
(d) The location and security measures taken for the safeguarding of all moneys, tokens, or other items of value utilized in the use of video lottery machines.
(e) All procedures for the operation, maintenance, repair, and inserting or removing of moneys, tokens, or other items of value from video lottery machines.
(f) All internal control systems as required by RSA 284:21-w.
(g) All of the above shall be approved by the lottery commission prior to commencing the operation of any video lottery machines.
II. No video lottery machine shall be possessed, maintained, exhibited, brought into, or removed from a facility location by any person unless such machine has permanently affixed to it an identification number or symbol authorized by the lottery commission and prior notice of any such movement has been given to the lottery commission.
III. Each operator licensee shall maintain secure facilities for the counting and storage of all moneys, tokens, or other items of value utilized in the conduct of video lottery machines.
IV. The drop boxes and other devices shall not be brought into a facility location or removed from an video lottery machine, locked or unlocked, except at such specific times and such places and according to such procedures as the lottery commission may require to safeguard such boxes and devices and their contents.
V. No video lottery machine shall be used to conduct gaming unless it is identical in all electrical, mechanical, and other aspects to a model which has been specifically tested by the lottery commission and licensed for use by the lottery commission.
VI. All video lottery machines in operation at a facility location shall provide a pay off of an average of at least 87 percent.
VII. All tickets given as prizes or winnings from video lottery machines shall be redeemed for cash within one year after the date of winning. Upon the expiration of such one-year period, the value of such unredeemed tickets shall be considered net machine income of the issuing operator licensee.
VIII.(a) An operator licensee who operates video lottery machines at a pari-mutuel licensee location shall not be restricted in the days of operation of such machines, provided the pari-mutuel licensee has scheduled at least the number of days of racing as required by RSA 284:22-a, II(a)(3).
(b) An operator licensee who operates video lottery machines at a north country facility location shall not be restricted in the days of operation of such machines.
IX. Video lottery machines shall be operated only at times when the public is allowed access to the locations. No automatic teller machines shall be located within 50 feet of video lottery machines.
284-A:12 Term of License. Any operator’s license or technology provider’s license issued pursuant to this chapter and any renewal thereof shall be valid for 5 years unless earlier suspended or revoked by the lottery commission. The lottery commission shall adopt procedures for license renewal that take into consideration whether the applicant has been previously licensed in good standing under this chapter.
284-A:13 Presence of the Lottery Commission. The lottery commission and the division of state police gaming enforcement unit may be present at any facility location at which video lottery machines are operated at all times when the facility is open to the public. The operator licensee may be required by the lottery commission or gaming enforcement division of the department of safety to provide such office space and equipment which the commission shall determine is reasonably necessary or proper.
284-A:14 Sanction Powers of the Lottery Commission.
I. The lottery commission shall have the sole and exclusive authority following appropriate hearings and factual determinations, to impose sanctions against any person for any violation of this chapter or any rule of the lottery commission adopted under the provisions of this chapter as follows:
(a) Revocation or suspension of a license.
(b) Civil penalties as may be necessary to punish misconduct and to deter future violations, which penalties may not exceed $50,000 for each violation.
(c) Order restitution of any moneys or property unlawfully obtained or retained by a person.
(d) Issue a cease and desist order which specifies the conduct which is to be discontinued, altered, or implemented by the person.
(e) Issue letters of reprimand or censure, which shall be made a permanent part of the file of each person so sanctioned.
(f) Impose any or all of the foregoing sanctions in combination with each other.
II. In determining appropriate sanctions in a particular case, the lottery commission shall consider:
(a) The risk to the public and to the integrity of video lottery machine operations created by the conduct of the person.
(b) The seriousness of the conduct of the person and whether the conduct was purposeful or with knowledge that it was in contravention of the provisions of this chapter or the rules of the racing and charitable gaming commission or the lottery commission.
(c) Any justification or excuse for such conduct.
(d) The prior history of the person involved.
(e) The corrective action taken by the person to prevent future misconduct of a like nature from occurring.
(f) In the case of a monetary penalty, the amount of the penalty in relation to the misconduct and the financial means of the person.
(g) In the event that a person receives 3 civil penalties during the term of such person’s license, the lottery commission may subject such person to enhanced fines or other disciplinary action.
284-A:15 Declaration of Limited Exemption from Operation of Provisions of 15 U.S.C. section 1171-1172. Pursuant to section 2 of an act of Congress of the United States entitled “An act to prohibit transportation of gambling devices in interstate and foreign commerce,” approved January 2, 1951, being Chapter 1194, 64 Stat 1134, and also designated as 15 U.S.C. sections 1171-1177, the state of New Hampshire, acting by and through the duly elected and qualified members of its legislature, does hereby, in accordance with and in compliance with the provisions of that section 2 of that act of Congress, declare and proclaim that it is in the state’s best interest to benefit from limiting gambling device revenues but prevent the proliferation of gambling devices by limiting approved facility locations and therefore that section 2 of that act of Congress shall not apply to any gambling device in this state where the transportation of such a device is specifically authorized by and done in compliance with the provisions of this chapter and any rules adopted pursuant to it, and that any such gambling device transported in compliance with state law and rules shall be exempt from the provisions of that act of Congress.
284-A:16 Legal Shipment of Gaming Devices into New Hampshire. All shipments into this state of gaming devices, the registering, recording, and labeling of which has been duly made by the manufacturer or dealer in accordance with sections 3 and 4 of an act of Congress of the United States entitled “An Act to Prohibit Transportation of Gambling Devices in Interstate and Foreign Commerce, approved January 2, 1951, being chapter 1194, 64 Stat. 1134, and also designated as 15 U.S.C. sections 1171-1172, shall be deemed legal shipments into this state.
210 New Section; Lottery Commission; Administration of Video Lottery. Amend RSA 284 by inserting after section 21-v the following new section:
284:21-w Video Lottery; Duties of the Lottery Commission; Administration of Video Lottery.
I. The lottery commission shall:
(a) Collect all license fees imposed upon any applicant and all taxes imposed by RSA 284-A.
(b) Certify net machine income by inspecting records, conducting audits, having its agents on site, or by any other reasonable means.
(c) Establish a central computer system located at the office of the lottery commission linking all video lottery machines to insure control over video lottery machines. The lottery commission shall establish a selection procedure for such contracts and ensure that the central computer system uses a widely adopted communications protocol approved by the Gaming Standards Association.
(d) Require all holders of an operator’s license issued by the lottery commission pursuant to RSA 284-A to maintain a system of internal control. At a minimum, the operator licensee’s proposed system of internal controls shall:
(1) Safeguard its assets and revenues, including, but not limited to the recording of cash and evidences of indebtedness related to the video lottery machines.
(2) Provide for reliable records, accounts, and reports of any financial event that occurs in the operation of a video lottery machine.
(3) Ensure that each video lottery machine directly provides or communicates all required activities and financial details to the central computer system.
(4) Provide for accurate and reliable financial records.
(5) Ensure any financial event that occurs in the operation of a video lottery machine is performed only in accordance with the management’s general or specific authorization.
(6) Ensure that any financial event that occurs in the operation of a video lottery machine is recorded adequately to permit proper and timely reporting of net machine income and the calculation thereof and the related fees and taxes.
(7) Ensure that access to assets is permitted only in accordance with management’s specific authorization.
(8) Ensure that recorded accountability for assets is compared with actual assets at reasonable intervals and appropriate action is taken with respect to any discrepancies.
(9) Ensure that all functions, duties, and responsibilities are appropriately segregated and performed in accordance with sound financial practices by qualified personnel.
(e) Establish technical standards for approval of video lottery machines, including mechanical and electrical reliability and security against tampering, as it may deem necessary to protect the public from fraud or deception and to ensure the integrity of their operation.
II. The lottery commission may employ certain assistants to carry out the provisions of this section and RSA 284-A, and may employ such additional assistants and employees as the governor and council shall authorize. Such assistants and employees shall receive compensation at rates to be established by the department of administrative services, division of personnel, however, such compensation shall be funded by proceeds paid to or received by the lottery commission pursuant to RSA 284-A. No employee of the lottery commission shall have any pecuniary or other interest in any supplier or agent to the commission or in any facility location or licensee licensed under RSA 284-A.
III. The lottery commission shall have the authority to issue subpoenas and compel the attendance of witnesses, to administer oaths, and to require testimony under oath.
IV. No later than March 31 in each calendar year, the lottery commission shall provide a report to the fiscal committee of the general court regarding the generation of revenues of video lottery machines by pari-mutuel licensees or operator licensees.
V. With regard to meetings, minutes, and records of the lottery commission:
(a) The lottery commission shall notice all proceedings and shall make and keep a record of all proceedings held at public meetings of the lottery commission. A verbatim transcript of those proceedings shall be prepared by the lottery commission upon the request of any commissioner or upon the request of any other person and the payment by that person of the costs of preparation. A copy of the transcript shall be made available to any person upon request and payment of the costs of preparing the copy.
(b) The lottery commission shall maintain such other files and records as the lottery commission determines is necessary.
(c) All information and data required by the commission, to be furnished to the commission, or which may otherwise be obtained, shall be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.
(d) All information and data pertaining to an applicant’s criminal record, family, and background furnished to or obtained by the lottery commission from any source shall be confidential and shall be withheld in whole or in part. Such information shall be released only upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.
(e) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subparagraphs (c) or (d), shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules adopted by the lottery commission.
(f) All records, information, or data maintained or kept by the lottery commission shall be maintained or kept at the office of the gaming enforcement unit.
211 New Sections; Department of Safety; Gaming Enforcement Unit Established. Amend RSA 21-P by inserting after section 11-a the following new sections:
21-P:11-b Division of State Police; Gaming Enforcement Unit.
I. There is established within the department of safety, division of state police, a gaming enforcement unit under the supervision of the commissioner of the department of safety. Notwithstanding RSA 106-B:15, the unit shall:
(a) Investigate violations of RSA 284-A and the rules adopted under the provisions of RSA 284-A and initiate proceedings before the lottery commission for such violations.
(b) Report the results of any investigation conducted to the lottery commission.
(c) Participate in any hearing conducted by the lottery commission.
(d) Investigate crimes that occur on the premises of a facility location.
II. The commissioner of the department of safety shall organize the unit as the commissioner deems necessary. The commissioner of safety may employ such state police personnel as the commissioner deems necessary to fulfill the responsibilities of the gaming enforcement unit.
21-P:11-c Enforcement Expenditures. The governor and council with the prior approval of the fiscal committee of the general court, upon request from the commissioner of the department of safety may authorize the transfer of general funds as authorized in RSA 284-A:8, I(a) to the department of safety to implement and enforce RSA 21-P:11-b and RSA 284-A.
212 New Section; Racing and Charitable Gaming Commission; Duties. Amend RSA 284 by inserting after section 6-a the following new section:
284:6-b Duties of the Racing and Charitable Gaming Commission.
I. The racing and charitable gaming commission shall:
(a) Provide to the lottery commission all records pertaining to the licensing of a pari-mutuel licensee under RSA 284-A within 30 days after the racing and charitable gaming commission receives a request. All records provided to the lottery commission shall be confidential in accordance with RSA 284:21-w, V.
(b) Hear and make recommendations to the lottery commission in reasonable order on all license applications for a license under RSA 284-A:6.
II. The racing and charitable gaming commission shall make its recommendations to the lottery commission in writing.
III. With regard to minutes and records of the racing and charitable gaming commission:
(a) The racing and charitable gaming commission shall keep a written record of all proceedings of public meetings of the commission pursuant to this chapter. A verbatim transcript of those proceedings shall be prepared by the racing and charitable gaming commission upon the request of any commissioner or upon the request of any other person and the payment by that person of the costs of preparation. A copy of a transcript shall be made available to any person upon request and payment of the costs of preparing the copy.
(b) The racing and charitable gaming commission shall keep and maintain a list of all notices it receives under RSA 284-A, together with a record of all actions taken with respect to such notices. A file and record of the racing and charitable gaming commission’s actions shall be open to public inspection provided, however, that the information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after 5 years from the date of such action.
(c) The racing and charitable gaming commission shall maintain such other files and records as the commission determines is necessary.
(d) All information and data required by the racing and charitable gaming commission to be furnished to it, or which may otherwise be obtained, shall be considered to be confidential and shall not be revealed in whole or in part except in the course of the necessary administration of this chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the attorney general, to a duly authorized law enforcement agency.
(e) All information and data pertaining to an applicant’s criminal record, family, and background furnished to or obtained by the racing and charitable gaming commission from any source shall be considered confidential and shall be withheld in whole or in part. Such information shall be released upon the lawful order of a court of competent jurisdiction or to a duly authorized law enforcement agency.
(f) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subparagraphs (d) or (e), shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules and regulations adopted by the racing and charitable gaming commission.
213 License Restricted. RSA 284:16-c is repealed and reenacted to read as follows:
284:16-c License Restricted.
I. Notwithstanding any other provision of law, the racing and charitable gaming commission shall not issue a license to conduct live thoroughbred horse racing or live harness horse racing pursuant to RSA 284:16 to any applicant if the place where such races or race meets are to be held is within a radius of 40 miles of the place where live horse races or race meets for at least the number of days as required in RSA 284:22-a, II(a)(3) have already been licensed pursuant to RSA 284:16, provided however, that the racing and charitable gaming commission may issue a license to conduct live harness racing to the holder of a license to conduct live thoroughbred racing if the live harness racing is conducted at the same place where the live thoroughbred racing is being conducted.
II. Notwithstanding any other provision of law, the racing and charitable gaming commission shall not issue a license to conduct live dog racing pursuant to RSA 284:16-a to any applicant if the place where the races or race meets are to be held is within a radius of 40 miles of the place where such races or race meets have already been licensed pursuant to RSA 284:16-a.
214 Restriction on Gambling. RSA 284:17-c is repealed and reenacted to read as follows:
284:17-c Restriction on Gambling. Except as provided in the introductory paragraph of RSA 284:22, RSA 284:22-a, and RSA 284-A, no licensee who holds running horse races shall at the same facility hold any other kinds of races or permit any other type of gambling except harness horse races and activities licensed by the lottery commission or the racing and charitable gaming commission.
215 New Paragraph; Pari-Mutuel Licensee; Cocktail Lounge License. Amend RSA 178:20, by inserting after paragraph V the following new paragraph:
VI. The commission may issue a special license to a person holding a pari-mutuel license or an operator’s license at a pari-mutuel licensee location under the provisions of RSA 284-A provided the pari-mutuel licensee location has an existing liquor license. Such special license shall allow the sale of liquor, wine, and beverages within the pari-mutuel licensee location, including dining room, function room, gaming room, lounge, or any other area designated by the commission, without regard to whether meals are served therein, but only during the time gaming is being conducted under RSA 284-A. A person licensed under this section shall comply with RSA 179:44, which prohibits providing free alcoholic beverages to members, patrons, or guests.
216 New Subparagraph; Authorized Video Lottery Machines. Amend RSA 647:2, V by inserting after subparagraph (c) the following new subparagraph:
(d) Video lottery machines authorized pursuant to RSA 284-A.
217 Rehabilitation of Problem Gaming. Amend RSA 172:2-a to read as follows:
172:2-a Program Established. The commissioner shall provide for the scientific care, treatment, and rehabilitation of gambling, alcohol, and drug abusers, and work towards the prevention of, and assist in the control of, gambling, alcohol, and drug abuse within the state through education, treatment, community organization, and research.
218 Rehabilitation of Problem Gaming. Amend RSA 172:8 to read as follows:
172:8 Duties of Commissioner. The commissioner shall:
I. Study the problems presented by gambling, alcohol, and drug abuse, including methods and facilities available for the care, treatment, custody, employment, and rehabilitation of persons who are problem gamers, inebriates, alcohol abusers, drug dependent, or drug abusers.
II. Promote meetings and programs for the discussion of gambling, alcohol, and drug dependency and abuse for the guidance and assistance of individuals, schools, courts, and other public and private agencies.
III. Conduct, promote and finance, in full or in part, studies, and other appropriate facilities dealing with the physical, psychological, and/or social aspects of gambling, alcohol, and drug abuse.
IV. Have the authority to accept or reject for examination, diagnosis, guidance, and treatment, insofar as funds and facilities permit, any resident of the state who comes to the commissioner voluntarily for advice and treatment.
V. [Repealed.]
VI. Render biennially to the governor and council a report of his activities including recommendations for improvements therein by legislation or otherwise.
VII. Coordinate community medical resources for the emergency medical care of persons suffering acute mental or physical reaction to gambling, alcohol, or drugs and of persons suffering from drug dependency.
VIII. Employ such assistants as may be necessary to carry out the purposes of this chapter, in accordance with state personnel regulations, and within available appropriations and funds.
IX. Disseminate information on the subjects of gambling, alcohol, and drug abuse for the guidance and assistance of individuals, schools, courts and other public and private agencies.
X. [Repealed.]
219 Problem Gaming Added. Amend RSA 172:8-a to read as follows:
172:8-a Confidentiality of Client Records. No reports or records or the information contained therein on any client of the program or a certified gambling, alcohol, or drug abuse treatment facility or any client referred by the commissioner shall be discoverable by the state in any criminal prosecution. No such reports or records shall be used for other than rehabilitation, research, statistical or medical purpose, except upon the written consent of the person examined or treated. Confidentiality shall not be construed in such manner as to prevent recommendation by the commissioner to a referring court, nor shall it deny release of information through court order pursuant to appropriate federal regulations.
220 Problem Gaming Added. Amend RSA 172:8-b to read as follows:
172:8-b Rulemaking. The commissioner shall adopt rules under RSA 541-A relative to the following:
I. The acceptance, care and treatment of gambling, alcohol, or drug dependent persons and alcohol or drug abusers who are clients of the program established under this chapter or a certified substance abuse treatment facility.
II. A fee schedule and collection of fees under RSA 172:14, IV.
III. Certification of substance abuse treatment facilities including, but not limited to:
(a) Program content;
(b) Qualifications of program staff; and
(c) Type of substance abuse treatment offered.
IV. Certification and recertification of gambling, alcohol, and drug abuse counselors including, but not limited to:
(a) Peer review of applicants.
(b) Minimum qualifications and competency.
(c) Education and continuing education.
(d) Experience required.
(e) Required knowledge of gambling, alcohol, and drug abuse counseling.
(f) Such other matters as the commissioner may deem necessary to carry out the purposes of this chapter.
V. Voluntary admissions under RSA 172:13.
221 Acceptance of Grants; Treatment of Problem Gamers. Amend RSA 172:9 to read as follows:
172:9 Acceptance of [Grants] Funds. The commissioner is authorized to accept in the name of the state special grants or money or services from the federal or state governments or any of their agencies and may accept funds from the operation of video lottery pursuant to RSA 284-A:8, I(d) and gifts to carry on the functions provided for in this chapter.
222 Department of Revenue Administration. Additional Revenues from Existing State Taxes. The commissioner of the department of revenue administration shall identify additional revenues that may be realized from the modification to the applicability of existing state taxes or the elimination of exemptions from existing state taxes, including, but not limited to, the interest and dividends tax, the real estate transfer tax, the meals and rooms tax, and the business profits tax, for implementation by the legislature.
223 Recording Surcharge. Notwithstanding the provisions of RSA 478:17-g, II(c), for the biennium ending June 30, 2011, 50 percent of the funds received by the treasurer for the recording surcharge assessed by registers of deeds under RSA 478:17-g, II(a) shall be deposited in the trust fund for the land and community heritage investment program under RSA 227-M:7 and 50 percent of funds received for such surcharge shall be deposited in the general fund.
224 New Section; Pease Development Authority; Payments for Centralized Business Services. Amend RSA 12-G by inserting after section 7 the following new section:
12-G:7-a Payments for Centralized Business Services. For the fiscal year ending June 30, 2010 and for each fiscal year thereafter, the authority shall pay the department of administrative services its portion of indirect costs for centralized business services, as determined by the statewide indirect cost allocation plan for the authority, including the division of ports and harbors.
225 Committee Established. There is established a committee to study the use of Glencliff Home and county and private nursing facilities for medically paroled inmates.
226 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
227 Duties. The committee shall study the use of Glencliff Home and county and private nursing facilities for medically paroled inmates.
228 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
229 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009. The report shall include, but not be limited to a review of the medical parole process, bed availability at Glencliff Home and county and private nursing facilities, and cost savings related to medical parole.
230 Prohibition on Dispositions of Interests in Subdivisions. Amend RSA 356-A:4, I and II to read as follows:
I. No subdivider may offer or dispose of any lot, parcel, unit or interest in subdivided lands located in this state, nor offer or dispose in this state of any lot, parcel, unit or interest in subdivided lands located without [this state prior to the time the subdivided lands are registered in accordance with] first being in compliance with all requirements of this chapter;
II. No subdivider[, except as provided in RSA 356-A:6, IV,] may dispose of any lot, parcel, unit or interest in subdivided lands unless he or she delivers to the purchaser a current public offering statement by the time of such disposition and such disposition is expressly and without qualification or condition subject to cancellation by the purchaser within 5 days from the contract date of the disposition, or delivery of the current public offering statement, whichever is later. If the purchaser elects to cancel, he or she may do so by notice thereof hand-delivered or deposited in the United States mail, return receipt requested, within the 5 day period, to the declarant or to any agent of the subdivider; provided, however, that if the purchaser elects to mail the notice of cancellation, he or she must also provide the subdivider with telephonic notice of cancellation within the 5 day period. Such cancellation shall be without penalty, and any deposit made by the purchaser shall be refunded in its entirety no later than 10 days from the receipt of such written notice of cancellation. “Contract date” shall not refer to the closing or settlement date, but shall refer to the creation of a binding obligation for consideration;
231 Public Offering Statement. Amend RSA 356-A:6 to read as follows:
356-A:6 Public Offering Statement. [I.] A public offering statement [shall be in a form prescribed by the attorney general and] shall include the following:
[(a)] I. The name and principal address of the subdivider;
[(b)] II. A general description of the subdivided lands stating the total number of lots, parcels, units, or interests in the offering;
[(c)] III. The significant terms of any encumbrances, easements, liens, and restrictions, including zoning, water pollution and other regulations affecting the subdivided lands and each unit or lot, and a statement indicating whether or not any such zoning, water pollution and other regulations have been complied with;
[(d)] IV. A statement of the use for which the property is offered;
[(e)] V. Information concerning improvements, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, if any, to be borne by the purchaser, date of completion and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands;
[(f)] VI. Additional information reasonably required [by rules adopted by the attorney general, pursuant to RSA 541-A,] to assure full and fair disclosure to prospective purchasers, including a statement of the cancellation rights set forth in RSA 356-A:4, II.
[II. The public offering statement shall not be used for any promotional purposes until it is approved by the attorney general. The attorney general may, in his discretion, authorize the use of such statement prior to his approval of the registration of the subdivided lands under such conditions as he deems appropriate. No person may advertise or represent that the attorney general approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the attorney general requires it, and no statement may be used unless in its entirety.
III. The attorney general may require the subdivider at any time to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers. A public offering statement is not current unless all amendments are incorporated.
IV. Any subdivider which has been permitted to submit an abbreviated registration pursuant to RSA 356-A:5, II, and any subdivider or subdivided lands which has been registered under the federal Interstate Land Sales Full Disclosure Act is not required to prepare a public offering statement to be used in connection with the offer or disposition of any interest in the subdivided lands.]
232 Penalties. Amend RSA 356-A:15 to read as follows:
356-A:15 Penalties. Notwithstanding the provisions of RSA 358-A:6, any person who [wilfully] knowingly violates any provision of RSA 356-A [or of a rule adopted under it or any person who wilfully, in an application for registration, makes any untrue statement of a material fact or omits to state a material fact] shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
233 Land Sales Full Disclosure Act; Enforcement. RSA 356-A:16 is repealed and reenacted to read as follows:
356-A:16 Enforcement. A violation of this chapter shall be an unfair method of competition or an unfair or deceptive act or practice in the conduct of any trade or commerce as defined by RSA 358-A:2. All remedies available under RSA 358-A shall be available under this section. For purposes of bringing a class action complaint under RSA 358-A, the unit owners association shall constitute a class.
234 Repeals. The following are repealed:
I. RSA 356-A:2, relative to administration.
II. RSA 356-A:3, II, relative to exemptions.
III. RSA 356-A:5, relative to application for registration.
IV. RSA 356-A:7, relative to inquiry and examination.
V. RSA 356-A:8, relative to notice of filing and registration.
VI. RSA 356-A:9, relative to annual report.
VII. RSA 356-A:10, relative to general powers and duties.
VIII. RSA 356-A:11, relative to investigations and proceedings.
IX. RSA 356-A:12, relative to cease and desist orders.
X. RSA 356-A:13, relative to revocation.
XI. RSA 356-A:14, relative to judicial review.
XII. RSA 356-A:19, relative to service of process.
XIII. RSA 356-A:20, relative to conflict of interest.
235 Condominium Act; Application; Reference Deleted. Amend RSA 356-B:2, III to read as follows:
III. Notwithstanding the provisions of paragraph I, if any condominium instrument recorded under RSA 479-A prior to September 10, 1977, shall be amended after September 10, 1977, for the purpose of creating 10 or more additional units in any such condominium project, this subdivision, General Principles, and subdivision IV, Administration and Enforcement, shall apply to said additional units. If said amendment creates 10 or more, but less than 26, additional units, the applicant shall [be permitted to make an abbreviated registration pursuant to RSA 356-B:51, II, and shall] not be required to prepare a public offering statement pursuant to RSA 356-B:52; provided, however, this sentence shall not apply if time sharing interests are offered with respect to such additional units.
236 Condominium Act; Administration; Enforcement. RSA 356-B:48 is repealed and reenacted to read as follows:
356-B:48 Administration; Enforcement. A violation of this chapter, or failure to comply with all lawful provisions of the condominium instruments, shall be an unfair method of competition or an unfair or deceptive act or practice in the conduct of any trade or commerce as defined by RSA 358-A:2. All remedies available under RSA 358-A shall be available under this chapter. For purposes of bringing a class action complaint under RSA 358-A, the unit owners association shall constitute a class.
237 Limitations on Dispositions of Units. Amend RSA 356-B:50, I and II to read as follows:
I. No declarant may offer or dispose of any interest in a condominium unit located in this state, nor offer or dispose in this state of any interest in a condominium unit located without this state prior to the time the [condominium including such unit is registered in accordance with] declarant is in compliance with the requirements of this chapter;
II. No declarant[, except as provided in RSA 356-B:52, IV,] may dispose of any interest in a condominium unit unless [he] the declarant delivers to the purchaser a current public offering statement by the time of such disposition and such disposition is expressly and without qualification or condition subject to cancellation by the purchaser within 5 days after the contract date of the disposition, or delivery of the current public offering statement, whichever is later. If the purchaser elects to cancel, he or she may do so by notice thereof hand-delivered or deposited in the United States mail, return receipt requested, within the 5 day period, to the declarant or to any agent of the declarant; provided, however, that if the purchaser elects to mail the notice of cancellation, he or she must also provide the declarant with telephonic notice of cancellation within the 5 day period. Such cancellation shall be without penalty, and any deposit made by the purchaser shall be refunded in its entirety no later than 10 days after the receipt of such written notice of cancellation. “Contract date” shall not refer to the closing or settlement date, but shall refer to the creation of a binding obligation for consideration.
238 Public Offering Statement. RSA 356-B:52 is repealed and reenacted to read as follows:
356-B:52 Public Offering Statement. A public offering statement shall be in a form prescribed by the attorney general and shall include the following:
I. The name and principal address of the declarant and the condominium.
II. A general description of the nature of the condominium and of the plan of its development, including the total number of units, and interests in such units, in the offering; the total number of units, and interests in such units, planned to be sold and rented by the declarant; the total number of units, and interests in such units, that may be included in the condominium by reason of future expansion or merger of the project by the declarant; and the maximum period of time the declarant will control the unit owners’ association of the condominium.
III. Copies of the declaration and bylaws.
IV. Copies of any management contract or other contracts, including leases, affecting the use, maintenance, or administration of, or access to, all or any part of the condominium with a projected budget for at least the first year of the condominium’s operation (including projected common expense assessments for each unit), a statement that provisions have been made in the budget for capital expenditures or major maintenance reserves, a detailed description of the provisions that have been made in the budget for capital expenditures or major maintenance reserves or, if no such provisions have been made, a detailed description of the reason no such provisions have been made, and the relationship, if any, between the declarant and the managing agent or firm.
V. A general description of any improvements or amenities which may be constructed, including a statement whether or not assurances are given as to their construction or completion, the status of construction, zoning requirements, and an itemization of all governmental approvals obtained by the declarant affecting the condominium.
VI. A list of any encumbrances, easements, liens, and matters of title affecting the condominium, and a statement that a copy of the legal documents pertaining to the same will be available on request.
VII. A list of any express warranties provided by the declarant on the units and the common area, other than the warranty prescribed by RSA 356-B:41, II, and a statement that documents evidencing such warranties will be provided to the purchaser at the time of sale.
VIII. A statement of the cancellation rights set forth in RSA 356-B:50, II.
239 Conversion Condominium; Special Provisions. Amend RSA 356-B:56, I(d) to read as follows:
(d) A statement of the declarant as to the present condition of all structural components and major utility installations in the condominium, which statement shall include the approximate dates of construction, installation, and major repairs, if known, and the expected useful life of each such item, together with the estimated cost (in current dollars) of replacing each of the same; and
(e) A copy of this section and of RSA 356-C in its entirety.
240 Escrow of Deposits. Amend RSA 356-B:57 to read as follows:
356-B:57 Escrow of Deposits. Any deposit made in regard to any disposition of any interest in a unit shall either be held in escrow until settlement or closing or shall be delivered to the person providing construction financing, who shall either hold said deposit in escrow or shall apply said deposit to the construction of the condominium[; provided, however, that any deposit made under a nonbinding reservation agreement shall be placed in escrow]. Subject to the foregoing, such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, if such funds are being held by a real estate broker or attorney licensed under the laws of this state, they may be placed in that broker’s or attorney’s regular escrow account and need not be placed in a separate designated account. Such escrow funds shall not be subject to attachment by the creditors of either the purchaser or the declarant.
241 Penalties. RSA 356-B:64 is repealed and reenacted to read as follows:
356-B:64 Penalties. Notwithstanding RSA 358-A:6, any person who knowingly violates any provision of this chapter shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
242 Repeals. The following are repealed:
I. RSA 356-B:3, XXI, relative to the definition of nonbinding reservation agreement.
II. RSA 356-B:15, relative to compliance with condominium instruments.
III. RSA 356-B:34-a, IV and V, relative the division of a condominium.
IV. RSA 356-B:49, II and III, relative to limited exemptions from the condominium act.
V. RSA 356-B:51, relative to the application and fee for registration.
VI. RSA 356-B:53, relative to inquiry and investigation of the condominium application by the attorney general.
VII. RSA 356-B:54, relative to notice of filing and registration.
VIII. RSA 356-B:55, relative to the annual report by the declarant.
IX. RSA 356-B:56, III, relative to notices filed with registration of condominium conversion.
X. RSA 356-B:59, relative to general powers and duties of the attorney general.
XI. RSA 356-B:60, relative to investigations and proceedings.
XII. RSA 356-B:61, relative to cease and desist orders.
XIII. RSA 356-B:62, relative to revocation of registration.
XIV. RSA 356-B:63, relative to judicial review.
XV. RSA 356-B:65, relative to civil remedy.
XVI. RSA 356-B:68, relative to service of process.
XVII. RSA 356-B:69, relative to conflict of interest.
243 Supplemental Allowance; One-Year Extension. Amend the introductory paragraph of RSA 100-A:41-a to read as follows:
100-A:41-a Supplemental Allowances. The following supplemental allowances shall apply only to the state fiscal year beginning July 1, 2008 and the state fiscal year beginning July 1, 2009:
244 Additional Temporary Supplemental Allowances; One-Year Extension. Amend RSA 100-A:41-d, I and II to read as follows:
I. The additional supplemental allowance in this paragraph shall apply only for the fiscal year beginning July 1, 2008 and the state fiscal year beginning July 1, 2009. Any retired member of the New Hampshire retirement system or any of its predecessor systems who has been retired for at least 12 months and whose annual retirement allowance is based on at least 15 years of service and is $20,000 or less, or any beneficiary of such member who is receiving an allowance, shall be entitled to receive an additional supplemental allowance, in addition to the provisions of RSA 100-A:41-a, on the retired member's latest anniversary date. The amount of the additional temporary supplemental allowance under this paragraph shall be $1,000, paid from the respective component of the special account.
II. The supplemental allowance in this paragraph shall apply only for the fiscal year beginning July 1, 2008 and the state fiscal year beginning July 1, 2009. Any retired member of the New Hampshire retirement system or any of its predecessor systems who retired prior to January 1, 1993, or any beneficiary of such member who is receiving an allowance, shall be entitled to receive an additional supplemental allowance, in addition to the provisions of RSA 100-A:41-a and paragraph I, on the retired member's latest anniversary date. The amount of the additional temporary supplemental allowance under this paragraph shall be $500, paid from the respective component of the special account.
245 New Section; Department of Transportation; Division of Turnpikes and Interstates. Amend RSA 21-L by inserting after section 11 the following new section:
21-L:11-a Division of Turnpikes and Interstates.
I. The commissioner of the department of transportation shall aggregate the turnpike system and interstate highway system to maximize the department’s assets while better serving the public.
II. There is established within the department the division of turnpikes and interstates, under the supervision of an unclassified director of turnpikes and interstates, who shall, in accordance with applicable laws, be responsible for the following functions:
(a) Maintenance, renewal, replacement, and supervision of the interstate highway system and the turnpike system;
(b) Management of the capital program for the interstate highway system and the turnpike system;
(c) Toll collection operations;
(d) E-Z Pass administration;
(e) Bonding; and
(f) Turnpikes financial funding, systems, and reporting.
III. The commissioner of transportation shall nominate a director of turnpikes and interstates for appointment by the governor, with consent of the council. The director shall serve a term of 4 years. The director shall be qualified to hold that position by reason of education and experience. The salary of the director shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
246 Department of Transportation; Transition Provisions; Report.
I. Notwithstanding any provisions of law to the contrary, in order to effectuate necessary budgetary changes resulting from the formation of the turnpikes and interstates division, the commissioner of the department of transportation is authorized to:
(a) Transfer funds among accounts as is necessary based upon the formation of the division of turnpikes and interstates;
(b) Transfer or reassign personnel and positions within and between any division, office, bureau, unit, or other component of the department;
(c) Create or fill positions that may be reasonably required due to the formation of the division of turnpikes and interstate; and
(d) Transfer funds from the salary and benefit adjustment account or other funding sources, necessary to fund unfunded or vacant positions.
II. The commissioner shall report to the fiscal committee of the general court any changes to its budget as a result of aggregating the turnpike and interstate systems.
247 New Section; Turnpike System; Aggregation and Funding. Amend RSA 237 by inserting after section 1 the following new section:
237:1-a Aggregation and Funding.
I. The following highway segments shall be aggregated with the turnpike system:
(a) Interstate route 93 from the Massachusetts-New Hampshire border in Salem, New Hampshire to the Interstate route 293/Interstate route 93 interchange in the town of Hooksett, and then from Interstate route 93 exit 14 in the city of Concord to the New Hampshire-Vermont border in the town of Littleton;
(b) Interstate route 89 from Interstate route 93 in the town of Bow to the New Hampshire-Vermont border in the city of Lebanon;
(c) Interstate route 393 at Main Street in the city of Concord to the intersection of N.H. route 9 at the Concord border in the vicinity of Chichester;
(d) Interstate route 293 from the F.E. Everett turnpike in the town of Bedford to Interstate route 93 in the city of Manchester; and
(e) N.H. route 101 from Interstate route 93 in the city of Manchester to the intersection of Landing Road in the town of Hampton.
II. The interstate highways and N.H. route 101 shall be funded by the state highway funds, federal highway funds, and any authorized or appropriated turnpike revenues.
248 Department of Transportation; Division of Operations. Amend RSA 21-L:10, I to read as follows:
I. Maintenance and supervision of the [state transportation network] primary and secondary highways, excluding N.H. route 101 from Manchester to Hampton.
249 Turnpike System; Electronic Toll Criteria. Amend RSA 237:11, V to read as follows:
V. Notwithstanding any other provision of law to the contrary, the discount on the established tolls on any of the turnpikes in the system for vehicles using the regional electronic toll collection system shall be [30 percent for passenger vehicles, including motorcycles, and] 10 percent for commercial vehicles. Class 1 passenger vehicles and motorcycles shall be eligible for a frequent user discount pursuant to which each class 1 passenger vehicle or motorcycle shall be charged a maximum monthly fee of $30 for an unlimited number of tolls in New Hampshire during the month.
250 Department of Safety; Motor Vehicle Registration Fees Increased. Amend RSA 261:141, III(g) and (h) to read as follows:
(g)(1) For all motor vehicles other than those in RSA 261:141, I:
0-3000 lbs. [$31.20] $46.20 ([$2.60] $3.85 per month)
3001-5000 lbs. [$43.20] $58.20 ([$3.60] $4.85 per month)
5001-8000 lbs. [$55.20] $70.20 ([$4.60] $5.85 per month)
8001-73,280 lbs. $.96 per hundred lbs. gross weight
plus a $15 surcharge
(2) Ten dollars from each registration fee under subparagraph (1) is hereby dedicated to the highway and bridge betterment account pursuant to RSA 235:23-a.
(h)(1) Truck-tractors to be used in conjunction with a semi-trailer, gross weight shall include the weight of such tractors, the weight of the heaviest semi-trailer to be used therewith, and the weight of the maximum load to be carried thereby: up to 73,280 pounds $.96 per 100 pounds gross weight plus a $15 surcharge, over 73,280 pounds--$1.44 shall be charged for each 100 pounds gross weight or portion thereof in excess of 73,280 pounds.
(2) Ten dollars from each registration fee under subparagraph (1) is hereby dedicated to the highway and bridge betterment account pursuant to RSA 235:23-a.
251 Department of Safety; Motor Vehicle Registration Fees Increased. Amend RSA 261:141, III(o) to read as follows:
(o) For each motorcycle--[$15] $25. Ten dollars from each motorcycle registration is hereby dedicated to the highway and bridge betterment account pursuant to RSA 235:23-a.
252 Effective Date.
I. Sections 1, 44, and 150 of this act shall take effect June 30, 2009.
II. Section 49 of this act shall take effect June 1, 2009.
III. Sections 82-87 of this act shall take effect October 1, 2009.
IV. Sections 152 and 230-242 of this act shall take effect January 1, 2010.
V. Sections 126-137 of this act shall take effect January 1, 2011.
VI. Sections 113, 138-143, and 167 of this act shall take effect 60 days after its passage.
VII. The remainder of this act shall take effect July 1, 2009.
LBAO
09-1049
Revised 05/07/09
HB 2 FISCAL NOTE
AN ACT relative to state fees, funds, revenues and expenditures.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill will have an indeterminable fiscal impact on state, county, and local revenue and expenditures in FY 2009 and each fiscal year thereafter.
METHODOLOGY:
The Insurance Department states section 1 of this bill requires the transfer of $50,000,000 in FY 2009, $30,000,000 in FY 2010, and $30,000,000 in FY 2011 from the post-1985 account of the NH Medical Malpractice Joint Underwriting Association to the general fund.
The Liquor Commission states sections 2 and 3 of this bill establish the liquor commission fund and require the Treasurer to deposit all liquor revenues and licensing fees in the fund. The Commission states this change will decrease state general fund revenue and expenditures in FY 2010 and each fiscal year thereafter and a provide for a corresponding increase state restricted revenue and expenditures in FY 2010 and each fiscal year thereafter; however, there will be no net impact on the general fund because all revenue remaining in the liquor fund after expenses are paid will be deposited in the general fund on a daily basis.
The Liquor Commission states sections 4-8 of this bill amend statutes related to liquor store operation and will provide the Commission with greater operational flexibility necessary to increase the efficiency of operation. The Commission states the fiscal impact of these sections is indeterminable in FY 2010 and each fiscal year thereafter. The Commission states any savings from the consolidation of stores will vary depending on the number and size of stores involved, as well as a final determination on state lease obligations; however, the Commission estimates the savings from closing and consolidating approximately 16 stores will decrease state restricted expenditures by $2,400,000 in FY 2010 and $3,200,000 in FY 2011.
The Liquor Commission states section 9 of this bill provides the Commission with pricing and discount flexibility to react to market trends and business requirements. The Commission states any increase in state restricted and general fund revenue resulting from this change in FY 2010 and each fiscal year thereafter depends on the extent of the Commission’s discount adjustment.
The Liquor Commission states section 10 of this bill enables the Commission to sell or lease its facility at 50 Storrs Street in Concord. The Commission states the fiscal impact of this section is indeterminable; however, it expects revenues from the sale or lease of the facility will offset or exceed lost bailment revenue. The Commission states the facility has an appraised value of $3,900,000 and a market value between $3,000,000 and $5,000,000. The Commission does not anticipate any costs associated with closing the Concord warehouse, and is analyzing the cost effectiveness of transferring the warehouse services to a third party. The Commission states that should the warehouse close during FY 2010 it expects to reduce expenditures for warehouse operation by the balance of unspent funds at the time of closure.
The Department of Revenue Administration states sections 11 through 16 of this bill increase the tobacco tax and meals and rooms tax, and establish a gambling tax on winnings of $600 or greater. The Department states these sections will increase state general fund expenditures related to the Department’s administration of these taxes by an indeterminable amount for computer programming, form creation and storage, and possibly staffing. The Department estimates it will increase state general fund expenditures for administration by $250,000 in FY 2010 and each fiscal year thereafter.
The Department of Revenue Administration states sections 11 and 12 of this bill increase the tobacco tax from $1.33 to $1.68 for each package containing 20 cigarettes. The Department estimates total tobacco tax revenue would increase from $188,000,000 for a full fiscal year under the current tax rate to $211,786,947 under the proposed tax rate, increasing state education trust fund revenue by $23,786,947 in FY 2010 and each fiscal year thereafter. The Department states the floor tax in section 12 will increase state education trust fund revenue by $4,200,000 in FY 2010 only.
The Department of Revenue Administration states sections 13 through 15 of this bill establish a tax on gambling winnings of $600 or greater. The Department analyzed 2006 tax year data from federal form W-2 G received by New Hampshire residents and those issued by New Hampshire entities to out of state residents. The data indicate there would have been $85,951,306 of taxable income; therefore, a 10% tax is estimated to increase state general fund revenue by $8,595,131 in FY 2010 and each fiscal year thereafter.
The Judicial Branch states section 13 of this bill, which establishes a gambling tax, includes the proposed RSA 77:43, which provides for penalties, and the proposed RSA 77:44, which allows for enforcement actions. Penalties under the proposed RSA 77:43, III provide for violation level offenses and for theft by misapplication of property under RSA 637:10 for the third and subsequent offenses within a twelve-month period. Offenses under RSA 637:10 can be class A felonies, class B felonies, or unspecified misdemeanors. The Branch has no information on which to estimate how many new charges will be brought pursuant to this section. The Branch states the costs per charge in FY 2010 and each fiscal year thereafter, without consideration of any salary increases that may occur, are $35.75 per violation or unspecified misdemeanor, and $336 per routine felony. The Branch states enforcement actions under the proposed RSA 77:44 would be considered complex equity cases. The Branch has no information on which to estimate how many such actions may arise under; however, the cost to the Branch of an average complex equity case in the superior court will be $507 in FY 2010 and each fiscal year thereafter, without consideration of any salary increases that may occur.
The Department of Revenue Administration states section 16 of this bill increases the meals and rooms tax rate from 8% to 8.75%. The Department states based on FY 2008 tax revenue of $214,258,477, a 0.75% increase in the rate could result in tax revenue of $234,345,209. After deducting the 3% allowable commission of $602,602, net meals and rooms tax revenue to the general fund is estimated to increase by $19,484,130 in FY 2010 and each fiscal year thereafter.
The Treasury Department states section 17 of this bill suspends the meals and rooms tax distribution to cities and towns for the biennium ending June 30, 2011, reducing state general fund expenditures and local revenue by an estimated $58,805,057 in FY 2010 and $63,805,057 in FY 2011. The Department states FY 2009 meals and rooms tax revenue is likely to be less than FY 2008 revenue; therefore, the FY 2010 distribution to cities and towns would likely equal the FY 2009 distribution ($58,805,057). The Department assumes the increase in the distribution amount from FY 2010 to FY 2011 would be the maximum allowed under law, $5,000,000.
The Treasury Department states section 18 of this bill suspends the revenue sharing payment to cities and towns for the biennium ending June 30, 2011, reducing state general fund expenditures and local revenue by $25,216,054 in FY 2010 and $25,216,054 in FY 2011. The Department states revenue sharing payments under RSA 31-A do not change year to year.
The Treasury Department states section 19 of this bill eliminates contingency language relative to the transfer of $40,000,000 of FY 2009 school building aid appropriation from the general fund to the capital fund. The Department states it will issue $40,000,000 of debt in November 2009, and assumes a fixed interest rate of 5.5% over 20 years with 60% of principal to be paid in the first 10 years. The Department estimates debt service for FY 2009 school building aid will increase state general fund expenditures by $1,142,308 in FY 2010 and $4,600,000 in FY 2011. The Department of Administrative Services states administrative tasks related to this transaction can be included under normal operational processes with no additional cost.
The Treasury Department states section 20 of this bill provides $3,600,000 for kindergarten construction for the biennium ending June 30, 2011; however, the Department states this section does not include necessary appropriation language authorizing bonding. The Department assumes it will issue $3,600,000 of debt in November 2010 at a fixed interest rate of 5.5% over 20 years with 60% of principal to be paid in the first 10 years. The Department estimates debt service for kindergarten construction will increase state general fund expenditures by $49,500 in FY 2011.
The Department of Safety states section 21 of this bill increases registration fees for vehicles weighing up to 8,000 pounds by $9.96 per year, and adds a $10 annual surcharge on vehicles weighing 8,001 pounds or greater. The Department states there will be a one-month implementation period in FY 2010; therefore, the Department will charge the increased fee and surcharge for 11 months in FY 2010. The Department estimates there will be 1,379,172 registrations of vehicles weighing up to 8,000 pounds in FY 2010 and 1,407,904 registrations in FY 2011 and each fiscal year thereafter. The Department indicates state highway fund revenue from the registration of vehicles weighing up to 8,000 pounds will increase by $12,591,840 in FY 2010 and $14,022,724 in FY 2011 and each fiscal year thereafter. The Department estimates there will be 108,244 registrations of vehicles weighing 8,001 pounds or greater in FY 2010 and 110,499 registrations in FY 2011 and each fiscal year thereafter. The Department indicates state highway fund revenue from the registration of vehicles weighing 8,001 pounds or greater will increase by $992,237 in FY 2010 and $1,104,990 in FY 2011 and each fiscal year thereafter. The total estimated increase to state highway fund revenue attributable to this section is $13,584,077 in FY 2010 and $15,127,714 in FY 2011 and each fiscal year thereafter. The Department states RSA 235:23 requires 12% of prior year highway fund revenue be apportioned to municipalities for local highway aid. Therefore, state highway fund expenditures for local aid and local revenue will increase by $1,630,089 in FY 2011 and $1,815,326 in FY 2012 and each fiscal year thereafter.
The Department of Safety states section 22 of this bill increases the annual registration fee for motorcycles by $10. The Department states 76,807 motorcycles are registered annually. The Department states there will be a one-month implementation period in FY 2010; therefore, the Department will charge the increased fee for 11 months in FY 2010. The Department indicates state highway fund revenue will increase by $704,064 in FY 2010 and $768,070 in FY 2011 and each fiscal year thereafter. The Department states RSA 235:23 requires 12% of prior year highway fund revenue be apportioned to municipalities for local highway aid. Therefore, state highway fund expenditures for local aid and local revenue will increase by $84,488 in FY 2011 and $92,168 in FY 2012 and each fiscal year thereafter.
The Department of Safety states section 23 of this bill increases the fee for a copy of any motor vehicle record by $4. The fee is deposited in the fire standards and training and emergency medical services fund. The Department states there are approximately 600,000 such requests annually; therefore, this bill will increase state restricted revenue by $2,400,000 in FY 2010 and each fiscal year thereafter.
The Department of Safety states section 24 of this bill provides that plea-by-mail fine revenue will be agency income to the Department, and will not be deposited in the highway fund. The Department estimates the increase to state restricted revenue and the corresponding decrease to state highway fund revenue will be $9,094,000 in FY 2010 and $9,244,000 in FY 2011 and each fiscal year thereafter. The Department states RSA 235:23 requires 12% of prior year highway fund revenue be apportioned to municipalities for local highway aid. Therefore, state highway fund expenditures for local aid and local revenue will decrease by $1,091,280 in FY 2011 and $1,109,280 in FY 2012 and each fiscal year thereafter.
The Judicial Branch states section 25 of this bill provides that motor vehicle fines collected by the district courts will be deposited in the highway fund and criminal fines collected by the district courts will be deposited in the general fund, except for fines going to municipalities. Currently, both motor vehicle fines and criminal fines collected by the district courts, except for those going to municipalities, are deposited in the general fund. The removal of motor vehicle fines collected by the district court from the general fund will reduce state general fund revenue by approximately $9,000,000 in FY 2010 and each fiscal year thereafter, and will increase state highway fund revenue by approximately $9,000,000 in FY 2010 and each fiscal year thereafter.
Sections 26 and 27 will have no fiscal impact.
The Office of Legislative Budget Assistant is unable to provide information on the fiscal impact of sections 28 through 60 as it is awaiting information from the Department of Health & Human Services. The LBA has been waiting since March 17, 2009 for the Department to reply.
The Judicial Branch states sections 54, 55, and 56 amend RSA 169-B:40, RSA 169-C:27, and RSA 169-D:29 to state that the Department of Health and Human Services (DHHS) has no responsibility to pay the cost of assigned counsel for any party under the respective chapters, which concern delinquency, abuse and neglect, and children in need of services (CHINS). The Branch states the Judicial Council pays for assigned counsel in delinquency matters pursuant to RSA 604-A:1 and for guardians ad litem in abuse and neglect matters pursuant to RSA 604-A:1-a. The Branch states sections 55 and 56 would leave no statutory provision for the payment of assigned counsel in abuse and neglect and CHINS proceedings. Pursuant to RSA 490:31, whenever the responsibility for court-ordered costs is unclear, the Judicial Branch must bear the cost. If the obligation for payment of assigned counsel in abuse and neglect and CHINS proceedings is removed from the DHHS, the responsibility will fall on the Branch. The Branch states that based on information provided by DHHS, the cost for such payments is $1,300,000 annually. Therefore, the Branch states these sections will increase state general fund expenditures for the Judicial Branch by $1,300,000 in FY 2010 and $1,300,000 in FY 2011.
The Judicial Council states sections 54, 55, and 56 deal with elimination of the fiscal responsibility by the Department of Health and Human Services, Division for Children, Youth, and Families (DCYF) for payments in CHINS (Children in Need of Services) cases, Guardians Ad Litem in delinquency cases, and the representation of parents in abuse and neglect proceedings. The Judicial Council states HB 1 as introduced (the operating budget) contains appropriations of approximately $250,000 in FY 2010 and FY 2011 for this purpose. The Council states that DCYF estimates the costs for these cases at $891,940 in each fiscal year.
The Department of Administrative Services states sections 61 and 62 would allow agencies to forego the use of print advertising. Agencies would not be prohibited from the use of print advertising. In FY 2008, the state expended $7,146,344 on print advertising, which includes legal notices, public notices, request for proposals, requests for bids, recruitment, travel and tourism media advertising, yellow pages, television and radio, and sponsorship advertising. The Department states not all of these types of advertisements would be affected by this section. The Department cannot determine the exact fiscal impact at this time since each agency would be making their own decision on whether or not to forego the use of print advertising.
The Department of Agriculture, Markets, and Food states sections 63 through 67 repeal various fee amounts in statute related to pesticides and authorize the Department to establish administrative rules setting those fee amounts. The Department states these sections have no fiscal impact.
The Department of Environmental Services states section 68 of this bill increases the administrative charge against loan repayments in the clean water state revolving loan fund (CWSRF) and the drinking water state revolving loan fund (DWSRF) from 1% to 2% to support program administration. This change does not increase fees charged to municipalities that repay the loans but rather increases the administrative charge with a commensurate reduction in the interest income to the CWSRF and DWSRF repayment accounts. The Department estimated the increase in state restricted revenue available to fund state administrative costs using expected loan principal and interest repayments for loans made to municipalities and certain privately-owned public water systems for planning, design, and construction of wastewater and drinking water infrastructure. The Department’s revenue projections assume a moderate growth in the outstanding principal of the DWSRF and the outstanding principal on CWSRF loans will level off in 2011. The Department calculated the increase in state restricted revenue available to fund state administrative costs by multiplying the 1% increase by the expected loan repayment amount for each program as follows:
FY 2010
CWSRF: $200,000,000 x 0.01 = $2,000,000
DWSRF: $52,500,000 x 0.01 = $525,000
Total: $2,525,000
FY 2011
CWSRF: $210,000,000 x 0.01 = $2,100,000
DWSRF: $55,000,000 x 0.01 = $550,000
Total: $2,650,000
FY 2012
CWSRF: $210,000,000 x 0.01 = $2,100,000
DWSRF: $59,000,000 x 0.01 = $590,000
Total: $2,690,000
FY 2013
CWSRF: $210,000,000 x 0.01 = $2,100,000
DWSRF: $63,000,000 x 0.01 = $630,000
Total: $2,730,000
The Department of Environmental Services states section 69 of this bill increases the fee for subsurface system applications for subdivisions from $150 to $300. The Department estimates there will be 1,596 applications in FY 2010 and FY 2011 based on data from FY 2008 and the first two quarters of FY 2009. The Department assumes the number of applications will increase by 20% to 1,915 in FY 2012 and FY 2013. Therefore, the Department estimates revenue from subdivision applications will increase by $239,400 in FY 2010 and FY 2011 ($150 x 1,596 applications) and by $287,250 in FY 2012 and FY 2013 ($150 x 1,915).
The Department of Environmental Services states sections 70 and 71 of this bill establish the subsurface systems fund, into which will be deposited all fees collected under RSA 485-A:30, I, including the increased fees for subdivision applications ($300) and fees for submitting plans for sewage or waste disposal systems ($140) that are currently deposited in the general fund. The Department estimates revenue from subdivision applications will be $478,800 in FY 2010 and FY 2011 ($300 x 1,596) and $574,500 in FY 2012 and FY 2013 ($300 x 1,915). The Department estimates there will be 3,963 applications for sewage or waste disposal systems in FY 2010 and FY 2011, increasing 20% to 4,756 in FY 2012 and FY 2013. Revenue from sewage or waste disposal systems is estimated to be $554,820 in FY 2010 and FY 2011 ($140 x 3,963 applications) and $665,840 in FY 2012 and FY 2013 ($140 x 4,756 applications). Therefore, the Department estimates these sections will decrease state general fund revenue and increase state restricted fund revenue by $1,033,620 in FY 2010 and FY 2011 ($478,800 + $554,820) and $1,240,340 in FY 2012 and FY 2013 ($574,500 + $665,840).
The Department of Environmental Services states sections 72-74 of this bill establish the motor vehicle air pollution abatement fund and increase the fee for inspection stickers by $0.50 from $2.50 to $3.00, with $0.25 of the fee increase deposited in the motor vehicle air pollution abatement fund and $0.25 of the fee increase deposited in the highway fund. The Department of Safety indicates approximately 1,400,000 inspection stickers are issued annually; therefore, the $0.50 fee increase will increase state revenue by $700,000 (1,400,000 x $0.50) annually beginning in FY 2010, with $350,000 deposited in the highway fund and $350,000 deposited in the motor vehicle air pollution abatement fund. The Department states RSA 235:23 requires 12% of prior year highway fund revenue be apportioned to municipalities for local highway aid. Therefore, state highway fund expenditures for local aid and local revenue will increase by $42,000 in FY 2011 and each fiscal year thereafter.
The Office of Legislative Budget Assistant is unable to provide information on the fiscal impact of sections 75 through 78 as it is awaiting information from the NH Retirement System. The LBA has been waiting since March 17, 2009 for the System to reply.
The Department of Administrative Services states section 77 of this bill authorizes the NH Retirement System to deduct from certain state retiree pension annuity accounts, certain premium contributions as certified by the Commissioner of the Department. The Department assumes a $100 deduction per month per retiree and spouse under the age of 65 in FY 2010 and FY 2011. The total deductions will be deposited in the employee and retiree benefit risk management fund. The Department estimates the annual value of the deductions will be $3,909,600 based on 3,258 retirees and spouses under the age of 65. The Department assumes it will reduce working rates charged to state agencies for retiree benefits beginning in FY 2010 so that total annual state payments are reduced by the amount of revenue attributable to the premium contributions. The Department assumes 50% of the $3,909,600 annual reduction in state expenditures, or $1,954,800, will benefit the general fund. The Department further states it expects to expand the scope of its contract with its benefits enrollment vendor to implement the changes contained in this section, which will increase state expenditures by $32,535 in FY 2010 and each fiscal year therafter.
The Department of Administrative Services states section 79 of this bill eliminates the Colebrook, Claremont, Hillsborough, Hooksett, Keene, Milford, New London, and Plaistow district courts and consolidates the towns served within these courts into the remaining district courts. The Department estimates state expenditures will decrease by the court lease expenses saved from these court closings. The Department states this bill will decrease state general fund expenditures by $322,128 in FY 2010, $372,548 in FY 2011, $381,862 in FY 2012, and $391,408 in FY 2013.
The Judicial Branch states the court consolidations contained in section 79 of this bill will decrease state general fund expenditures by $190,409 in FY 2010 and $426,082 in FY 2011 and each fiscal year thereafter. The Branch states savings from court facilities included in this estimate are $152,493 in FY 2010 and $328,582 in FY 2011 and each fiscal year thereafter, which includes the assumptions that there will be no consolidation of the communities covered by the Hooksett District Court because they cannot be absorbed into the potential receiving courts and also that relevant family division sites are also consolidated. The Branch states savings from court security included in its estimate are $37,916 in FY 2010 and $97,500 in FY 2011 and each fiscal year thereafter.
The Judicial Council states section 79 would require consolidation of certain courts throughout the state. Travel expense to the various courts is a component of the funding for a variety of costs and accounts within the Council’s budget. At the current rates, mileage reimbursement is a significant factor and cost for the various cases paid from these funds. Depending on which consolidations occur and how the cases are actually moved, the Council expects an increase in mileage related costs for these cases. The fiscal impact is indeterminable at this time.
The Office of Legislative Budget Assistant is unable to provide information on the fiscal impact of section 80 as it is awaiting information from the Department of Corrections. The LBA has been waiting since March 17, 2009 for the Department to reply.
The Department of Administrative Services states section 81 of this bill will have no fiscal impact.
The Department of Administrative Services states section 82 of this bill will have no fiscal impact.
The Department of Administrative Services states section 83 of this bill adjusts the required reserve for the self-funded employee and retiree health benefit plan from one month of claims and administrative expenses to 5% of the annual claims and administrative costs. Using claims and administrative costs from the current calendar year, the Department has determined this adjustment will decrease the required reserve amount by $5,600,000, from $18,400,000 to $12,800,000. The Department states this change will reduce state expenditures for employee benefits by $5,600,000 in FY 2010 through either a benefit holiday or an adjustment to the working rates charged to state agencies. The Department assumes 50% of the reduction in state expenditures, or $2,800,000, will be from the general fund, and the remaining 50% from other sources of funding.
The Department of Administrative Services states sections 84 through 87 of this bill will have no fiscal impact.
The Public Employee Labor Relations Board states section 88 of this bill increases the fee for filing a complaint with the Board from $60 to $100. The Board states it cannot predict the number of disputes that will arise in the future; therefore, the Board states this section will increase state restricted revenue and county and local expenditures by an indeterminable amount in FY 2010 and each year thereafter.
The Real Estate Commission states section 89 will eliminate the requirement that the real estate commission mail to each licensee a renewal form, and instead will require the Commission to mail a renewal notice by post card. Based on the current number of licensees for FY 2010 and FY 2011, the Commission estimates posting and printing expenditures would decrease by approximately $1,005 in FY 2010 and $1,079 in FY 2011.
The Real Estate Commission states section 90 would eliminate the requirement that the Commission send rulemaking notifications to licensees by United States mail. The Commission will provide notices through e-mail and U.S. mail to those licensees who do not provide an e-mail address. The Commission does not have an accurate number of licensees who will still require notice by U.S. mail and are unable to determine the any potential savings at this time.
The Department of Transportation states section 91 of this bill aggregates the turnpike system and interstate highway system and establishes within the Department the Division of Turnpikes and Interstates. This section also establishes the unclassified position of Director of Turnpikes and Interstates. The Department assumes the starting annual salary for this position will be $99,202, with annual benefits costing $33,623, and an assigned vehicle with a cost of $6,000 per year. The Department further assumes this position will be filled on January 1, 2010, and that total positions costs will increase 3% per year. Based on these assumptions, the Department estimates this position will increase state turnpike fund expenditures by $69,413 in FY 2010, $142,990 in FY 2011, $147,280 in FY 2012, and $151,698 in FY 2013.
Section 92 will have no fiscal impact.
The Department of Transportation states section 93 of this bill establishes the unclassified position of Director of Policy and Administration. The Department assumes the starting annual salary for this position will be $77,181, with benefit costs of $29,547. The Department further assumes this position will be filled on January 1, 2010, and that total positions costs will increase 3% per year. Based on these assumptions, the Department estimates this position will increase state highway fund expenditures by $53,364 in FY 2010, $109,930 in FY 2011, $113,228 in FY 2012, and $116,625 in FY 2013.
Sections 94 through 96 will have no fiscal impact.
The Department of Transportation states section 97 of this bill authorizes the Department to convey to the Bureau of Turnpikes a portion of I-95 in the City of Portsmouth for the sum of $120,000,000. The Department states this section will increase highway fund revenue and turnpike fund expenditures by $15,000,000 in FY 2010 and FY 2011 and $7,500,000 in FY 2012 and FY 2013 under the terms set by the Commissioner.
Section 98 will have no fiscal impact.
The Department of Transportation states section 99 of this bill increases the amount of turnpike system revenue bonds that may be issued by the Department. The Department states this section will have no fiscal impact.
Sections 100 through 104 will have no fiscal impact.
The Department of Transportation states section 105 of this bill eliminates the 30% discount on tolls afforded to passenger vehicles and replaces it with a frequent user discount, placing a maximum fee of $30.00 a month for an unlimited number of tolls in New Hampshire during the month. The Department states this section will increase turnpike fund expenditures by $250,000 in FY 2010 for one time computer system changes necessary to implement the section. The Department also states the section will increase turnpike fund revenue by $4,400,000 in FY 2010, $4,290,000 in FY 2011, $4,268,550 in FY 2012, and $4,332,600 in FY 2013. The Department’s estimates are based on a revenue analysis performed by their traffic and revenue consultants.
Section 106 will have no fiscal impact.
The Department of Transportation states section 107 of this bill authorizes the Commissioner to issue requests for proposals relative to the sale, lease, or concession of state welcome centers, including the use of public/private partnerships to develop and reconstruct the rest areas, welcome areas, and state liquor store sites along turnpikes and highways as might be necessary to provide full service centers with food, liquor sales, gas, and other retail goods and services for the traveling public. The Department states this section will increase turnpike fund revenue by $466,666 in FY 2011, and $560,000 in FY 2012 and each year thereafter. The Department’s estimate is based on ground leasing the Hooksett Rest Areas at a rate of $80,000 per acre with an effective date of September 1, 2010.
The Department further estimates section 107 of this bill will increase highway fund revenue by $1,416,666 in FY 2011 and 1,700,000 in FY 2012 and each year thereafter as a result of ground leasing the Hampton locations for the purposes of providing gas dispensing services. The department’s estimate is based on ground leasing the facilities at a rate of $.05 per gallon of gasoline sold in conjunction with the additional gas tax revenue that would be generated. The Department estimates such a facility would dispense approximately 5,000,000 gallons of gasoline per year for each site (10,000,000 gallons in total) resulting in $500,000 per annum of lease revenue and $1,800,000 in road toll revenue. The Department states 67% of travelers along I-95 are from out of state and therefore, 67% of the road toll revenue that would be generated at the Hampton locations, or $1,200,000, would be new revenue to the state. The Department’s estimate assumes leases and facilities would be in place for September 1, 2010.
Section 108 will have no fiscal impact.
The Department of Transportation states sections 109 and 110 of this bill allow the Department to charge fees to cover costs associated with the issuance of driveway permits under RSA 236:13. The Department states this section will increase highway fund revenue by $614,250 in FY 2010 and each year thereafter. The Department’s estimate is based on a review of the last 5 years of activity regarding the issuance of such permits. The review shows an average of 9,450 hours per year being utilized in conjunction with the issuance of these permits. At the rate of $65 per hour stated in this section, this equates to $614,250 per year in increased revenue to the highway fund.
The Department of Transportation states section 111 of this bill increases the permit fees for overweight, over length, over width, or over height vehicles. Based on actual revenue from permits issued in calendar year 2008, and assuming a 3% annual increase in the number of permits issued, the Department states this section will increase state highway fund revenues by $316,667 in FY 2010, $333,528 in FY 2011, $359,106 in FY 2012, and $381,147 in FY 2013. The Department also states that this section will increase highway fund expenditures by $633,333 in FY 2010, FY 2011, and FY 2012 for costs associated with the design and implementation of an on line routing and permit system.
The Department of Transportation states section 112 of this bill allows for transportation projects to be developed and constructed utilizing the design and build concept based on a request for proposal, provided that selection is based on an objective standard and measurable criteria for evaluation of the proposals. The Department states this section will have an indeterminable effect on state highway fund expenditures. The Department is unable to estimate the fiscal impact on highway fund expenditures due to the unique characteristics of each individual project.
The Fish & Game Department states section 113 of this bill provides for all revenue from the sale of moose, bear, turkey and waterfowl stamps, licenses, and applications to be deposited in the fish and game fund. This section suspends the provisions of RSA 206:34-b, which provides that $10 for each moose, bear, turkey and waterfowl stamp, license, and application sold is transferred to the game management account. The Department assumes FY 2010 and FY 2011 sales will be equal to calendar year 2008 sales. The Department states in calendar year 2008 total revenue was $906,006 from the sale of 50,579 stamps, licenses, and applications. Therefore, the Department estimates this section suspends the transfer of $505,790 (50,579 stamps, licenses, and applications x $10) to the game management account, increasing fish and game fund revenue by $505,790 in FY 2010 and FY 2011 and decreasing game management account revenue by $505,790 in FY 2010 and FY 2011.
The Board of Manufactured Housing states section 114 of this bill eliminates the Board of Manufactured Housing. The Board states it developed an operating budget request of $22,848 for FY 2010 and $24,831 for FY 2011. The Board states eliminating the Board will reduce state general fund expenditures by $22,848 in FY 2010, $24,831 in FY 2011, and by an indeterminable amount in FY 2012 and FY 2013.
The Department of Administrative Services states section 115 of this bill suspends RSA 9-C:4, III and RSA 9-C:8-10 regarding state government waste reduction, recycling, and recycled products purchasing. The Department states this section will reduce state expenditures by eliminating the requirement that 74 state agencies, boards, and commissions submit an annual recycling report and by purchasing virgin paper instead of 30% post consumer paper. The Department estimated the personnel costs associated with preparing an annual recycling report by assuming the report requires 16 hours of work per agency, at an average labor grade of 16, with average benefits calculated as 49% of salary costs. The Department assumes the cost reduction related to purchase virgin paper rather than 30% post consumer paper is 5.3%. The Department estimates these changes will decrease state expenditures by $88,657 in FY 2010, $89,786 in FY 2011, $91,167 in FY 2012, and $92,167 in FY 2013.
The Board of Tax and Land Appeals states section 116 of this bill requires the board to unfund position 9U165 for FY 2010 and FY 2011. The Board states total salary and benefits for this position is $104,501 in FY 2010 and $105,932 in FY 2011, funded 84% by the general fund and 16% from the highway fund. Therefore, unfunding this position will reduce state general fund expenditures by $87,781 in FY 2010 and $88,983 in FY 2011 and will reduce state highway fund expenditures by $16,720 in FY 2010 and $16,949 in FY 2011.
The Judicial Branch states section 117 of this bill requires the Supreme Court to conduct a review of all boards, commissions, councils, advisory committees, and task forces created by the Judicial Branch or by court order. The Branch states an indeterminable amount of time will be necessary to conduct the mandated review; the cost of which the Branch does not expect will exceed $10,000. The Branch states any savings that can be realized is too speculative at the present time and cannot be estimated until the review is conducted.
The Judicial Council states section 117 applies sunset provisions to the Judicial Council. The Council states legislative reenactment would be required for the Judicial Council to exist beyond June 30, 2011. HB 1 as introduced contains appropriations for the Council at $263,784 in FY 2010, and $274,209 in FY 2011. It is likely that the functions of the Council would need to be undertaken by another agency, so any estimated savings cannot be determined at this time. The Council also states if it is subject to the sunset provisions, there would need to be a repeal of the statutory language which currently gives responsibility to the Judicial Council for a variety of functions and the accompanying financial costs. HB 1 as introduced (the operating budget) contains appropriations of $24,781,781 in FY 2010 and $25,291,656 in FY 2011 for these purposes.
The Department of Environmental Services states sections 117-139 of this bill consolidate state licensing boards into four agencies, including the Department of Environmental Services. The Department assumes no new agency costs will be incurred in FY 2010 and FY 2011 because the bill transfers all employees, equipment, property, and related appropriations as part of the consolidation. The Department assumes the transferred appropriations are sufficient to fund the new licensing division administrator position created in section 127 of this bill. The Department assumes this bill will increase state revenue by an indeterminable amount in FY 2010 and FY 2011 because section 121 authorizes affected licensing boards to increase their fees at some point in the future to 125% of shared expenses. The Department states the impact on revenue and expenditures in FY 2012 and FY 2013 is indeterminable because the bill requires the Commissioner of the Department of Administrative Services, after consultation with other agency heads, to propose further changes in licensing and permit fees in the 2011 session of the General Court.
The Department of Justices states sections 117-139 of this bill consolidate certain functions of various boards, commissions, and councils, which will have no fiscal impact on the Department. The Department states section 122 of this bill in part reclassifies position 9U377 from an Investigator to an Assistant Attorney General. Section 128 of this bill creates an adjudicative hearings officer within the Department, with an annual salary prescribed in RSA 94:1-a, and also authorizes the Commissioner of the Department of Administrative Services, in consultation with the Attorney General, to determine whether establishing a full-time court reporter position will result in an overall decrease in cost an increase in efficiency. The court reporter and adjudicative hearings officer positions will be funded from fees received by each department utilizing the services of these positions. The Department anticipates agencies will require assistance from an Assistant Attorney General in the Civil Bureau to assist with the process of drafting and adopting internal polices and administrative rules and to provide legal counsel to implement required changes, and that such assistance will be funded from fees collected by departments utilizing the services of the position. The Department further anticipates any impact to staff litigation that may arise from these sections can be absorbed by existing resources within the Department.
The Department of State indicates sections 117-123, 126, and 135-138, relative to the consolidation of certain functions of various boards, commissions, and councils will impact the Department. These sections require the sunset of certain boards and commissions, and would create a new division to support regulatory boards assigned to the Department of State. The Department assumes revenue will follow the boards to the Department and will offset the expenses of administering the boards. The Department expects savings will occur resulting from the consolidation of administrative support services, which will be reflected in the fees charged to licensees.
The Department of Resources & Economic Development states section 140 of this bill provides that the Workforce Opportunity Council will be part of the Department. The Department is not able to determine the fiscal impact of overseeing the responsibilities of the Council.
The Insurance Department states section 141 of this bill requires the Department to seek Governor and Council approval to enter into a cooperative project agreement with the University System of New Hampshire whereby the NH Institute for Health Policy and Practice will support the work of the NH Citizens Health Initiative, with funding not to exceed $380,000 for the biennium ending June 30, 2011. The Department states it will increase state restricted expenditures by $190,000 in FY 2010 and $190,000 in FY 2011, and will increase state restricted revenue for administrative assessments under RSA 400-A:39 by $190,000 in FY 2010 and $190,000 in FY 2011 for the purposes of this section. This section will also increase University System of New Hampshire revenue by $190,000 in FY 2010 and $190,000 in FY 2011.
The Office of Legislative Budget Assistant states section 142 of this bill requires the Legislative Branch to lapse $73,546 in FY 2010 and $159,350 in FY 2011; therefore, this section will reduce state general fund expenditures by $73,546 in FY 2010 and $159,350 in FY 2011.
The Judicial Branch states section 143 of this bill requires the Judicial Branch to lapse $345,563 in FY 2010 and $748,725 in FY 2011; therefore, this section will reduce state general fund expenditures by $345,563 in FY 2010 and $748,725 in FY 2011.