Revision: March 28, 2012, midnight
SB 326-FN-A-LOCAL – AS INTRODUCED
2012 SESSION
08/09
SENATE BILL 326-FN-A-LOCAL
AN ACT relative to state reimbursement of towns for upkeep of dams under the Merrimack River Flood Control Compact and the Connecticut River Flood Control Compact.
SPONSORS: Sen. Sanborn, Dist 7; Rep. Bettencourt, Rock 4; Rep. O'Brien, Hills 4
This bill:
I. Reimburses certain towns for upkeep of dams under the Merrimack River Flood Control Compact.
II. Reimburses certain towns for upkeep of dams under the Connecticut River Flood Control Compact.
III. Requests that the state of New Hampshire withhold payments from the commonwealth of Massachusetts until an arrangement for payment of arrears under the Merrimack River and Connecticut River Flood Control Compacts is made.
IV. Requests that the attorney general file suit in federal court for the breach of the Merrimack River and Connecticut River Flood Control Compacts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-3018
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to state reimbursement of towns for upkeep of dams under the Merrimack River Flood Control Compact and the Connecticut River Flood Control Compact.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Appropriation. The sum of $7,500 is appropriated to the towns listed under the Merrimack River Flood Control Compact for each year for the purpose of reimbursing such towns for the upkeep of the dams cited under RSA 484:7. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
2 Appropriation. The sum of $7,500 is appropriated to the towns listed under the Connecticut River Flood Control Compact for each year for the purpose of reimbursing such towns for the upkeep of the dams cited in RSA 484:1. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
3 Cessation of Payments to Massachusetts. The state of New Hampshire shall, no later than July 1, 2012, identify and stop payment on all liabilities owed to the commonwealth of Massachusetts until the director of the department determines that the commonwealth of Massachusetts has satisfied the arrearage on its obligation under the Merrimack River Flood Control Compact and under the Connecticut River Flood Control Compact.
4 Lawsuit Against Massachusetts. The general court respectfully requests that the attorney general file suit against the commonwealth of Massachusetts to recover moneys owed to the state of New Hampshire under the Merrimack River Flood Control Compact and under the Connecticut River Flood Control Compact.
5 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-3018
Revised 01/0/12
SB 326 FISCAL NOTE
AN ACT relative to state reimbursement of towns for upkeep of dams under the Merrimack River Flood Control Compact and the Connecticut River Flood Control Compact.
FISCAL IMPACT:
The Department of Revenue Administration, Department of Education, Department of Employment Security, and New Hampshire Municipal Association states this bill may have an indeterminable impact on state expenditures and will increase local revenues by $15,000 in FY 2013 and each year thereafter. There will be no impact on state and county revenues or county and local expenditures.
METHODOLOGY:
The Department of Revenue Administration states this bill would appropriate $15,000 in state general funds per fiscal year; $7,500 for Merrimack River Flood Control Compact towns and $7,500 for the Connecticut River Flood Control Compact towns. The Department states it is unsure as to what state agency would be responsible for administering this law but believes it could be administered without additional administrative costs.
The Department of Education states its Bureau of Vocational Rehabilitation assists eligible New Hampshire citizens with disabilities by providing rehabilitation services to secure suitable employment and financial and personal independence. Additionally, the Department states its Disability Determination Service makes disability determinations for New Hampshire residents who apply for the Social Security Administration’s two disability programs. Ultimately, the Department makes payments to a multitude of vendors that provide medical records and services and some of those payments are made to the Community Colleges of Massachusetts or public medical facilities in Massachusetts. The Department states since July 1, 2009 it has paid a total of $52,961 in federal funds for said services. The Department assumes under this bill, services from Massachusetts institutions will cease July 1, 2012, however is unable to estimate the potential fiscal impact on state expenditures as it is not known what will be owed to Massachusetts institutions on that date.
The Department of Employment security states ceasing payments to Massachusetts, under section 3 of this bill, could result in New Hampshire being sanctioned by the United States Department of Labor. Specifically, the Department states it makes payments to other states in accordance with the Interstate Arrangement for Combining Employment and Wages, which totaled $9,830,859 in FY 2011, and failure to make said reimbursements could result in a federal sanction. The Department further states it makes payments to other states pursuant to the Trade Act of 1974, for a program assisting individuals, who became unemployed as a result of increased imports, return to suitable employment. The Department states at times specific training programs are only available in other states, and between November 2012 and March 2011 it paid Massachusetts state educational institutions $42,737. The Department states ceasing pay for eligible individuals is a violation of federal law and could also result in federal sanction.
The New Hampshire Municipal Association states this bill would increase revenues of municipalities in the Merrimack River and Connecticut River Flood Control Compacts, in total, by $15,000 in FY 2013 and each fiscal year thereafter.
The Department of Justice states this bill would request the Attorney General file a lawsuit against the Commonwealth of Massachusetts to recover moneys owed to New Hampshire under the Merrimack River and Connecticut River Flood Control Compacts. The Department states if such a suit were to be filed costs would be absorbed within the Department’s existing budget and there would be no fiscal impact.