HB 445-FN-LOCAL – AS INTRODUCED
2009 SESSION
06/04
HOUSE BILL 445-FN-LOCAL
AN ACT relative to local control of the siting of detoxification and methadone maintenance program facilities.
SPONSORS: Rep. Buco, Carr 1; Rep. Chandler, Carr 1; Rep. Umberger, Carr 1
COMMITTEE: Municipal and County Government
This bill requires the approval of the governing body of a municipality prior to the siting of a detoxification and methadone maintenance program facility in such municipality.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0081
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to local control of the siting of detoxification and methadone maintenance program facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Detoxification and Methadone Maintenance Program Facility Siting. Amend RSA 31 by inserting after section 31:109 the following new subdivision:
Detoxification and Methadone Maintenance Program Facility Siting
31:109-a Local Option for Detoxification and Methadone Maintenance Program Facility Siting in Towns.
I. When a detoxification and methadone maintenance program facility is proposed to be sited in a municipality, the governing body of such municipality shall appoint a time and place of hearing and order notice to be posted in at least 4 conspicuous places in the town and published in a newspaper with a local circulation at least 14 days before such hearing.
II. Notwithstanding the provisions of any other law, a detoxification and methadone maintenance program facility shall not be sited in any town without a majority affirmative vote of the governing body of such town at a special meeting.
2 Professional Use of Narcotic Drugs. Amend RSA 318-B:10, VII (c) to read as follows:
(c) Providers may operate a methadone detoxification or methadone maintenance program, or both, in the state of New Hampshire only if the providers are certified to operate pursuant to rules adopted under subparagraph VII(b) and the governing body of the municipality approves such siting under RSA 31:109-a. In implementing subparagraph VII(b), the commissioner shall not use the interim rulemaking process in RSA 541-A:19.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0081
12/08/08
HB 445-FN-LOCAL - FISCAL NOTE
AN ACT relative to local control of the siting of detoxification and methadone maintenance program facilities.
FISCAL IMPACT:
The New Hampshire Municipal Association states this bill may increase local expenditures by an indeterminable amount in FY 2009 and each year thereafter. This bill would have no fiscal impact on state, county, and local revenue, or state and county expenditures.
METHODOLOGY:
The New Hampshire Municipal Association states this bill would require a hearing by the governing body of a municipality when there is a proposal to site a detoxification and methadone program facility in the municipality. The facility could not be sited without the approval of the governing body, presumably after the hearing. Notice of the hearing would be required to be posted in at least four places and published in a newspaper at least fourteen days before the hearing. Approval of the facility would have to occur at the “special meeting” of the governing body. The holding of a hearing, and possibly a subsequent “special meeting” of the governing body, may require some labor expense for set-up and clean-up of the hearing location. Newspaper publication of the hearing noticed will involve some expense. The bill does not indicate whether the governing body may recover this expense from the applicant. The Association states this expense is likely to vary significantly depending on the details of the application and the advertising rates of the newspaper involved. The Association is unable to determine the exact fiscal impact at this time.
The Department of Health and Human Services states this bill would have no fiscal impact on the Department.