HB 319-FN – AS AMENDED BY THE HOUSE
6Mar2013… 0442h
2013 SESSION
06/10
HOUSE BILL 319-FN
AN ACT relative to benefits for state employees serving in the armed forces.
SPONSORS: Rep. Hess, Merr 24; Rep. Todd Smith, Merr 24; Rep. Kotowski, Merr 24; Rep.?T.?Walsh, Merr 24
COMMITTEE: Executive Departments and Administration
This bill increases benefits for state employees called to active duty with the New Hampshire national guard or a navy, army, or air force reserve unit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2013… 0442h
13-0164
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to benefits for state employees serving in the armed forces.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Employees. Amend RSA 112:9 to read as follows:
112:9 State Employees.
I. Any regular employee of the state of New Hampshire who is a member of any reserve component of the armed forces of the United States or of this state shall, upon request, be entitled to not more than 15 days leave of absence with pay in any one training year for the purpose of engaging in military drill, training, or other temporary duty under military or naval authority. The provisions of this section shall not apply to any such employee who has been inducted or has enlisted in active service in the armed forces of the United States.
II. Any regular employee of the state of New Hampshire who uses 15 days leave of absence under paragraph I shall, in addition, be entitled to up to 30 days of partial pay, as defined in RSA 110-B:37, IV(a)(1), for any additional military drill or training under military or naval authority.
2 New Subparagraph; Pay and Allowance. Amend RSA 110-B:37, IV(a) by inserting after subparagraph (3) the following new subparagraph:
(4) Upon the employee’s return to New Hampshire after active duty service, he or she may use up to 15 days of annual leave prior to reporting back to work. If an employee does not have adequate annual leave time available, he or she may be charged against future annual leave accruals, or against future compensation, if sufficient leave is not accrued and employment is terminated.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0164
Revised 03/27/13
Amended 03/18/13
HB 319 FISCAL NOTE
AN ACT relative to benefits for state employees serving in the armed forces.
FISCAL IMPACT:
The Adjutant General’s Department, Department of Administrative Services, Legislative Branch, and Judicial Branch state this bill, as amended by the House (Amendment #2013-0442h), may increase state expenditures by an indeterminable amount in FY 2014 and each year thereafter. There will be no fiscal impact on state, county, and local revenue, or county and local expenditures.
METHODOLOGY:
The Adjutant General’s Department states this amended bill entitles an employee taking a leave of absence for any military drill or training up to an additional 30 days of partial pay beyond the 15 days paid by the state each year and also allows an employee returning from active duty service to use up to 15 days of annual leave prior to reporting back to state work. The Adjutant General’s Department states the fiscal impact of this amended bill is indeterminable. The Adjutant General’s Department states the changes in this amended bill conflict with language contained in state and federal law. While the bill as amended proposes a maximum of 30 days partial pay, RSA 110-B:37 grants no maximum limit of days. The Department also states the provision allowing employees to use leave time prior to returning to work – even if no leave time is available – conflicts with the Fair Labor Standards Act and Uniformed Services Employment and Reemployment Rights Act.
The Department of Administrative Services (DAS) states the fiscal impact of this amended bill is indeterminable. DAS stated it is unable to ascertain the number of state employees exceeding the 15 days of paid leave under current law. DAS is also unable to determine the fiscal impact of the bill because partial pay would depend on the employee’s salary grade, military rank, and the length of training or military drill. DAS reports there were 52 state employees absent from the workplace due to military leave (deployment or training) in FY 2012. Those employees earned an average of $21.51 per hour with a 40 hour work week.
The Judicial Branch states over the past six years, only three Judicial Branch employees have taken 15 days military leave in any training year. The Judicial Branch states benefits proposed by this bill as introduced are similar to its current benefits and does not expect a fiscal impact more than $10,000 in any year.
The Legislative Branch states this amendment will have minimal fiscal impact to the Legislative Branch. In the past 10 years only one Legislative Branch employee has taken military leave. In the past three (3) years less than 15 days have been taken in any training year.