Revision: Dec. 14, 2011, midnight
HB 1185-FN-A – AS INTRODUCED
2012 SESSION
09/01
HOUSE BILL 1185-FN-A
AN ACT relative to the police standards and training council.
SPONSORS: Rep. C. McGuire, Merr 8
COMMITTEE: Executive Departments and Administration
This bill specifies the rulemaking authority of the police standards and training council, requires governor and council approval of donations and grants made to the police standards and training council, and requires the percentage of penalty assessments currently dedicated to the police standards and training council training fund to be deposited in the general fund on and after July 1, 2013.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2528
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the police standards and training council.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Police Standards and Training Council; Powers; Rulemaking. RSA 188-F:26, I is repealed and reenacted to read as follows:
I. Adopt rules pursuant to RSA 541-A, relative to:
(a) Education, training, and certification requirements for police and corrections officers and continuing education and training requirements for certified police and corrections officers.
(b) Suspension or revocations of certifications of police and corrections officers.
(c) Certification or approval of institutions offering training for police and corrections officers.
(d) Implementing the requirement under RSA 188-F:26, XVII.
(e) Best practices for the professional operation of police departments.
2 Police Standards and Training Council; Powers; Governor and Council Approval of Donations and Grants. Amend RSA 188-F:26, XIII to read as follows:
XIII. With the approval of governor and council, accept in the name of the state any and all donations or grants, both real and personal, from any governmental unit or public agency, or from any institution, person, firm, or corporation. The council shall receive, utilize, and dispose of all donations and grants subject to budgetary provisions and according to the rules of the council and consistent with the purposes or conditions of the donation or grant. The receipt of a donation or grant shall be noted in the annual report of the council. The report shall identify the donor, the nature of the donation or grant, and the condition of the donation or grant, if any. Any moneys received by the council pursuant to this paragraph shall be deposited in the state treasury to the account of the council and shall not lapse.
3 Penalty Assessments. 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 [54.17 percent of the amount collected in the police standards and training council training fund,] 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.
4 Plea by Mail; Penalty Assessments. 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 to the general fund 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 state treasurer, and shall be credited to the general within 14 days of their receipt.
5 Effective Date.
I. Sections 3-4 of this act shall take effect July 1, 2013.
II. The remainder of this act shall take effect 60 days after its passage.
LBAO
12-2528
11/08/11
HB 1185-FN-A - FISCAL NOTE
AN ACT relative to the police standards and training council.
FISCAL IMPACT:
The Police Standards and Training Council states this bill will increase state general fund unrestricted revenue, decrease state restricted revenue, and decrease state expenditures by $3,154,292 in FY 2014 and in each year thereafter. There will be no fiscal impact on county or local revenues or expenditures.
METHODOLOGY:
The Police Standards and Training Council (PSTC) states this bill removes the Council’s share of penalty assessment revenue from their budget and instead deposits those funds into the state general fund beginning in FY 2014. The Council indicates it currently receives funding from two sources: 54.17% of the penalty assessments, and a $5 monthly fee on probationers and parolees.
In determining the fiscal impact the Council assumed the following:
• Since no replacement revenue is identified, there will be a loss in annual revenue to the PSTC in FY 2014 and in each of the following years.
• The bill does not add an additional requirement for the Council to train and certify county corrections officers.
• Based on actual penalty assessment revenue received in FY 2011 and in FY 2012 to date, the Council estimates its annual assessment revenue for FY 2012 will be $3,154,292.
• The penalty assessment revenue represents approximately 97.3% of the PSTC funding.
The Council states that without a replacement source of revenue it would not be able to meet its statutory obligations and starting in FY 2014 would not have enough funds to operate.
The Department of Safety states this bill will have no fiscal impact on its operations.