HB1415 (2018) Detail

(New Title) establishing a death benefit for a school employee killed in the line of duty and making an appropriation to the public school infrastructure fund.


CHAPTER 349

HB 1415-FN-A - FINAL VERSION

 

8Feb2018... 0398h

22Mar2018... 0897h

23May2018... 2028-CofC

23May2018... 2118-EBA

2018 SESSION

18-2522

05/10

 

HOUSE BILL 1415-FN-A

 

AN ACT establishing a death benefit for a school employee killed in the line of duty and making an appropriation to the public school infrastructure fund.

 

SPONSORS: Rep. Heath, Hills. 14; Rep. Berch, Ches. 1; Rep. Grenier, Sull. 7; Rep. Myler, Merr. 10; Rep. Cornell, Hills. 18; Sen. Soucy, Dist 18; Sen. Feltes, Dist 15; Sen. D'Allesandro, Dist 20; Sen. Kahn, Dist 10

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill establishes a death benefit for a school employee killed in the line of duty.  The bill also makes an appropriation to the public school infrastructure fund to provide additional funding for the department of safety's school emergency readiness program.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Feb2018... 0398h

22Mar2018... 0897h

23May2018... 2028-CofC

23May2018... 2118-EBA 18-2522

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing a death benefit for a school employee killed in the line of duty and making an appropriation to the public school infrastructure fund.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

349:1  New Chapter; Death Benefit for School Employee Killed in Line of Duty.  Amend RSA by inserting after chapter 189 the following new chapter:

CHAPTER 189-A

DEATH BENEFIT FOR SCHOOL EMPLOYEE KILLED IN LINE OF DUTY

189-A:1  Death Benefit for School Employee Killed in Line of Duty.

I.  In this section:  

(a)  “Family” means the surviving spouse of the school employee; or, if there is no surviving spouse, the surviving dependent child or dependent children, of such school employee or, if there is no surviving dependent child, a surviving person qualifying as a common-law spouse pursuant to RSA 457:39, or if there is no surviving common-law spouse, the surviving adult child or adult children, or if there is no surviving adult child or adult children, the surviving parent or parents of such school employee.  A surviving dependent child shall include a dependent stepchild whose expenses of daily living were substantially paid for by the decedent at the time of the death.

(b)  “School employee” means any person, full or part time, who is employed by a public school in the state of New Hampshire.

(c)  “Public school” means any public school or public academy approved by the state of New Hampshire pursuant to state laws and regulations, including the university system of New Hampshire and the community college system of New Hampshire.

(d)  “Killed in the line of duty” means the death of a school employee while in the performance of his or her duties as a result of violence by another, who purposely causes that death or purposely causes serious bodily injury which is the direct or proximate cause of the death of the school employee.

II.  In addition to any other benefit for which the school employee or family is eligible, the state treasurer shall pay a $100,000 death benefit to the family of a school employee killed in the line of duty; provided that under no circumstance shall a family member responsible for the school employee's death be eligible for such benefit.  Payment to a dependent child shall be made to the child’s trustee for the benefit of the child.  The governor, with the consent of the executive council, is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.  

III.  The attorney general or a designee from the department of justice shall review the records that relate to the circumstances of the employee's death and shall render a determination whether the incident qualifies as a line-of-duty death as defined in subparagraph I(d).  

(a)  Such determination shall be rendered within 45 days of documented notice of the incident.  

(b)  If the death of the school employee is determined to qualify as a line-of-duty death as defined in subparagraph I(d), the attorney general or a designee from the department of justice shall notify the commissioner of the department of education, who shall adopt the attorney general's recommendation and submit a request to the governor for payment of the benefit.

(c)  Any records received in order to make the determination if the school employee's death qualifies as a line-of-duty death as defined in subparagraph I(d) shall be exempt from RSA 91-A.  Upon the request of the decedent's family, any medical records or other records which otherwise are nonpublic shall be destroyed following the vote by the governor and executive council on this matter.

IV.  Neither the state nor its agencies or employees shall be civilly liable for any improper payment of the line-of-duty death benefit as provided in this section.

349:2  Appropriation; Public School Infrastructure Fund; School Emergency Readiness Program.  To improve security in public schools, the sum of $10,000,000 for the biennium ending June 30, 2019 is hereby appropriated the public school infrastructure fund established in RSA 198:15-y to provide additional funding to the department of safety, division of homeland security and emergency management's school emergency readiness program.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

349:3  Effective Date.  

I.  Section 1 of this act shall take effect January 1, 2019.

II.  The remainder of this act shall take effect upon its passage.

 

Approved: July 02, 2018

Effective Date:

I. Section 1 effective January 1, 2019.

II. Remainder effective July 2, 2018.

 

 

Links

HB1415 at GenCourtMobile

Action Dates

Date Body Type
Jan. 16, 2018 House Hearing
Jan. 30, 2018 House Exec Session
House Floor Vote
Feb. 7, 2018 House Floor Vote
March 14, 2018 House Exec Session
March 14, 2018 House Exec Session
March 21, 2018 House Floor Vote
April 4, 2018 Senate Hearing
April 12, 2018 Senate Floor Vote
April 26, 2018 Senate Floor Vote
May 17, 2018 Senate Floor Vote
May 23, 2018 Senate Floor Vote
May 23, 2018 House Floor Vote

Bill Text Revisions

HB1415 Revision: 4273 Date: July 3, 2018, 3:51 p.m.
HB1415 Revision: 3960 Date: June 6, 2018, 12:34 p.m.
HB1415 Revision: 3644 Date: April 30, 2018, 2:05 p.m.
HB1415 Revision: 3323 Date: April 27, 2018, 9:10 a.m.
HB1415 Revision: 3040 Date: Feb. 15, 2018, 12:09 p.m.
HB1415 Revision: 1840 Date: Nov. 3, 2017, 12:12 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 10
Jan. 16, 2018 Public Hearing: 01/16/2018 02:00 PM LOB 306
Jan. 30, 2018 Executive Session: 01/30/2018 10:00 AM LOB 306
Majority Committee Report: Ought to Pass with Amendment # 2018-0398h (Vote 11-6; RC)
Feb. 7, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-0398h for 02/07/2018 (Vote 11-6; RC) HC 5 P. 22
Minority Committee Report: Inexpedient to Legislate
Feb. 8, 2018 Amendment # 2018-0398h: AA VV 02/08/2018 HJ 3 P. 37
Feb. 8, 2018 Ought to Pass with Amendment 0398h: MA RC 176-161 02/08/2018 HJ 3 P. 38
Feb. 8, 2018 Referred to Finance 02/08/2018 HJ 3 P. 40
March 1, 2018 ==RECESSED== Division I Work Session: 03/01/2018 10:00 AM LOB 212
March 14, 2018 Executive Session: 03/14/2018 10:00 AM LOB 210-211
March 9, 2018 ==CONTINUED== Division I Work Session: 03/09/2018 10:00 AM LOB 212
March 14, 2018 Executive Session: 03/14/2018 10:00 AM LOB 210-211
March 21, 2018 Committee Report: Ought to Pass with Amendment # 2018-0897h for 03/21/2018 (Vote 26-0; RC) HC 11 P. 20
Committee Report: Ought to Pass with Amendment # 2018-0897h (Vote 26-0; RC)
March 22, 2018 Amendment # 2018-0897h: AA VV 03/22/2018 HJ 10 P. 43
March 22, 2018 Ought to Pass with Amendment 0897h: MA VV 03/22/2018 HJ 10 P. 43
March 22, 2018 Introduced 03/22/2018 and Referred to Executive Departments and Administration; SJ 11
April 4, 2018 Hearing: 04/04/2018, Room 101, LOB, 09:00 am; SC 15
April 12, 2018 Committee Report: Ought to Pass, 04/12/2018; Vote 5-0; CC SC 16
April 12, 2018 Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 04/12/2018; SJ 12
April 26, 2018 Committee Report: Inexpedient to Legislate, 04/26/2018; SC 18
April 26, 2018 Inexpedient to Legislate, MF, VV; 04/26/2018; SJ 14
April 26, 2018 Sen. Bradley Moved Ought to Pass; 04/26/2018; SJ 14
April 26, 2018 Sen. Bradley Offered Floor Amendment # 2018-1791s; 04/26/2018; SJ 14
April 26, 2018 Chair Ruled Sections of Amendment # 2018-1791s Non-Germane, 04/26/2018; SJ 14
April 26, 2018 Without Objection, Rule 3-17 is Suspended to Allow Non-Germane Amendment # 2018-1791s; 04/26/2018; SJ 14
April 26, 2018 Sen. Soucy Objected to the Suspension of Senate Rule 3-17; 04/26/2018; SJ 14
April 26, 2018 Suspend Rule 3-17 to Allow Non-Germane Amendment # 2018-1791s; RC 14Y-10N, MF, Lacking 2/3 Necessary; 04/26/2018; SJ 14
April 26, 2018 Sen. Bradley Moved Laid on Table, RC 14Y-10N, MA; 04/26/2018; SJ 14
April 26, 2018 Pending Motion Ought to Pass; 04/26/2018; SJ 14
April 26, 2018 Sen. Bradley Moved to Remove From Table, MA, VV; 04/26/2018; SJ 14
April 26, 2018 Sen. Bradley Offered Floor Amendment # 2018-1791s; 04/26/2018; SJ 14
April 26, 2018 Chair Ruled Sections of Amendment # 2018-1791s Non-Germane, 04/26/2018; SJ 14
April 26, 2018 Without Objection, Rule 3-17 is Suspended to Allow Non-Germane Amendment # 2018-1791s; 2/3 Necessary, MA; 04/26/2018; SJ 14
April 26, 2018 Sen. Bradley Floor Amendment # 2018-1791s, RC 18Y-6N, AA; 04/26/2018; SJ 14
April 26, 2018 Ought to Pass with Amendment 2018-1791s, MA, VV; OT3rdg; 04/26/2018; SJ 14
May 10, 2018 House Non-Concurs with Senate Amendment 1791s and Requests CofC (Reps. McGuire, Kurk): MA VV 05/10/2018
May 10, 2018 Speaker Appoints: Reps. Proulx, H. Marsh, Goley, L. Ober 05/10/2018
May 10, 2018 Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 05/10/2018; SJ 17
May 10, 2018 President Appoints: Senators Daniels, Bradley, D'Allesandro; 05/10/2018; SJ 17
May 16, 2018 ==TIME CHANGE== Conference Committee Meeting: 05/16/2018 09:00 AM LOB 306
Conferee Change; Senator Morse Replaces Senator Daniels; SJ 18
May 17, 2018 Conference Committee Report Filed, # 2018-2028c; 05/17/2018
May 23, 2018 Conference Committee Report # 2018-2028c, Adopted, VV; 05/23/2018; SJ 18
May 23, 2018 Conference Committee Report 2028c: Adopted, RC 262-76 05/23/2018
May 23, 2018 Enrolled Bill Amendment # 2018-2118e Adopted, VV, (In recess of 05/23/2018); SJ 18
May 23, 2018 Enrolled Bill Amendment # 2018-2118e: AA VV 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
May 23, 2018 Enrolled 05/23/2018
Signed by Governor Sununu 07/02/2018; Chapter 349; I. Sec 1 eff 01/01/2019;II. Rem eff 07/02/2018