Bill Text - SB538 (2018)

(New Title) including police officers of the state office complex police force in group II of the retirement system.


Revision: May 4, 2018, 9:41 a.m.

SB 538-FN - VERSION ADOPTED BY BOTH BODIES

 

02/15/2018   0521s

2018 SESSION

18-2935

10/03

 

SENATE BILL 538-FN

 

AN ACT including police officers of the state office complex police force in group II of the retirement system.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Lasky, Dist 13; Rep. Welch, Rock. 13; Rep. LeBrun, Hills. 32; Rep. Weyler, Rock. 13; Rep. Berube, Straf. 18

 

COMMITTEE: Executive Departments and Administration

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill clarifies the status of police officers of the state office complex police force and includes such officers in group II of the New Hampshire retirement system.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/15/2018   0521s 18-2935

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT including police officers of the state office complex police force in group II of the retirement system.

 

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

 

1  Department of Safety; Duties of Commissioner; State Office Complex Police Force.  Amend RSA 21-P:4, XI to read as follows:

XI.  Have the discretion to grant to [security] police officers of the [New Hampshire hospital security force] state office complex police force such titles, ranks, and police powers as the commissioner deems necessary [up to and including that of ex officio constables] including the power of arrest for violations of the criminal and motor vehicle laws and the power to serve criminal process, and may limit such powers as deemed necessary.  They shall have general police powers on the state office campus and New Hampshire hospital grounds and when [in hot pursuit of] attempting to apprehend a person who has committed a crime on the campus or escaped from the hospital, and when acting to transport a patient to or from the hospital, the court, or another mental health facility, or when acting to transport to or from a police station or correctional facility.

2  State Office Complex Police Force.  Amend RSA 21-P:7-b to read as follows:

21-P:7-b  [New Hampshire Hospital Security Force] State Office Complex Police Force.  The commissioner of safety is authorized to organize a [hospital security force] state office complex police force for the purpose of patrolling the New Hampshire hospital's buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus.  The [hospital security force] state office complex police force shall be under the immediate control of and responsible to the commissioner of safety or his or her designee.

3  Department of Safety; Memorandum of Understanding; State Office Complex Police Force.  Amend RSA 21-P:7-c to read as follows:

21-P:7-c  Authority of [Hospital Security Force] State Office Complex Police Force Officers; Memorandum of Understanding; Funding.

I.  All [security] police officers of the [hospital security force] state office complex police force shall possess such police powers as are granted to them by the commissioner of safety pursuant to RSA 21-P:4, XI[.  All officers of the hospital security force hired after the effective date of this paragraph shall be required to meet the training standards required generally of] and shall be fully certified as police [offers] officers by the police standards and training council pursuant to RSA 106-L [and].  In addition they shall receive additional training in dealing with persons with mental illness as specified by the commissioner of safety after consultation with the chief executive officer of the New Hampshire hospital.

II.  The commissioner of the department of health and human services shall enter into a memorandum of understanding with the commissioner of safety for the purposes of delineating the functions, duties, and responsibilities of the department of safety in regard to the provision of security and dispatch services to the New Hampshire hospital.  The memorandum of understanding shall include, but not be limited to: responding to emergencies within New Hampshire hospital, maintaining the security of the hospital buildings, insuring the safety of patients, staff, and visitors, apprehending involuntarily committed persons who leave the hospital without authorization, accepting custody of involuntary admissions, transporting patients for medical, legal, and other purposes, investigating cases of abuse, neglect, sexual assault, and other criminal conduct, providing training, and conducting searches and seizures of contraband.  In addition, the department of safety shall provide dispatch services including, but not limited to:  monitoring hospital access between 8 p.m. and 8 a.m., operating and monitoring video security systems, receiving incoming communications, assessing the priority of the call and dispatching appropriate assistance, coordinating emergency preparedness procedures, receiving incoming fire calls and alarms, and operating the switchboard between 8 p.m. and 8 a.m. and at other times as needed.

III.  Within the limits of funds budgeted for [hospital security force] state office complex police force positions, the department of health and human services shall maintain the funding for the [hospital security force] state office complex police force and pay the department of safety for providing these services.  

4  New Subparagraph; Retirement System; Group II Permanent Policeman; State Office Complex Police Force Added.  Amend RSA 100-A:1, VII by inserting after subparagraph (f) the following new subparagraph:

(g)  A police officer of the state office complex police force who:

(1)  Has the responsibilities granted by the commissioner of safety under RSA 21-P:4, XI;

(2)  Has full general arrest powers;

(3)  As a job requirement is fully certified as a full-time police officer by the New Hampshire police standards and training council; and

(4)  As a job requirement meets all physical, mental, educational, and other qualifications for continuing certification as a full-time police officer as established by the police standards and training council.

5  Retirement System; Group II; Exclusion of Security Officers Deleted.  Amend RSA 100-A:1, VII-a (b) to read as follows:

(b)  Any bingo or lucky 7 inspector, [security officer appointed pursuant to RSA 21-P:7-b,] any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of natural and cultural resources; or

6  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

18-2935

Amended 2/22/18

 

SB 538-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-0521s)

 

AN ACT including police officers of the state office complex police force in group II of the retirement system.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$58,879

$60,351

$61,860

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Interagency Transfer from DHHS

 

METHODOLOGY:

This bill includes officers of the state office complex police force in Group II of the New Hampshire Retirement System.  The New Hampshire Department of Safety states this bill clarifies the status of the police officers of the state office complex police force  and would have no financial impact on state revenues, however, it will have an impact on state expenditures.  The New Hampshire Hospital Campus Police/State Office Complex Police Force are currently in Group I retirement.  The total state employer retirement contribution is currently 12.15 percent.  If the New Hampshire Hospital Campus Police/State Office Complex Police Force were to transfer to Group II, the total state employer retirement contribution would increase to 29.43 percent, for a net increase of 17.28 percent.  These percentages are provided for FY 2019 but could change for FY 2020-FY 2022, however, the estimate is developed based on the percentage remaining the same considering July 1, 2019 (FY 2020) as the effective date.  

 

FY 2020 FY 2021 FY 2022

Projected Salaries                    $531,399           $544,684           $558,301

Increase Retirement to Group II 17.28% 17.28% 17.28%

Decrease in Social Security (6.20%) (6.20%) (6.20%)

Increase Employer Retirement Expense    $58,879            $60,351             $61,860

 

The New Hampshire Department of Health and Human Services states the name of the "New Hampshire Hospital Security Force" or "Campus Police" would change to "State Office Complex Police Force" and would clarify certain duties and responsibilities.  The New Hampshire Hospital Security officers are employees of the Department of Safety, however, the source of funds for their entire budget is a transfer from DHHS pursuant to RSA 21-P:7-c, III.  The employer contribution rates are set for the period 7/1/17-6/30/19.  The effective date of this legislation, 7/1/19, is after the expiration date of the current rates, therefore the fiscal impact is indeterminable.  

 

The New Hampshire Retirement System indicates this bill is expected to have a small impact on the actuarial status of the system and employer contribution rates (i.e., an increase of less than 0.01 percent of payroll).

 

AGENCIES CONTACTED:

Department of Safety, New Hampshire Retirement System, and Department of Health and Human Services