Bill Text - HB1185 (2012)

Relative to the police standards and training council.


Revision: March 11, 2012, midnight

HB 1185-FN-A – AS AMENDED BY THE HOUSE

7Mar2012… 0751h

2012 SESSION

12-2528

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

AMENDED ANALYSIS

This bill specifies the rulemaking authority of the police standards and training council and requires governor and council approval of donations and grants made to the police standards and training council.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2012… 0751h

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 RSA 188-F:26, I is repealed and reenacted to read as follows: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 Effective Date. 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.