Bill Details - SB553 (2018)

CHAPTER 261

SB 553-FN - FINAL VERSION

 

03/15/2018   1116s

19Apr2018... 1347h

05/10/2018   1960EBA

 

2018 SESSION

18-2880

01/10

 

SENATE BILL 553-FN

 

AN ACT establishing a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Shurtleff, Merr. 11; Rep. Proulx, Hills. 44; Rep. M. McCarthy, Hills. 29; Rep. Elliott, Rock. 8

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill establishes a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/15/2018   1116s

19Apr2018... 1347h

05/10/2018   1960EBA 18-2880

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.

 

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

 

261:1  New Section; Commission to Study the Incidence of Post Traumatic Stress Disorder in First Responders and Whether Such Disorder Should be Covered Under Workers' Compensation.  Amend RSA 281-A by inserting after section 17 the following new section:

281-A:17-a  Commission Established.

I.(a)  There is established a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.  The members of the commission shall be as follows:

(1)  One member of the senate, appointed by the president of the senate.

(2)  Three members of the house of representatives, one of whom shall be from the labor, industrial and rehabilitative services committee, one of whom shall be from the executive departments and administration committee, and one of whom shall be from the state-federal relations and veterans affairs committee, appointed by the speaker of the house of representatives.

(3)  The labor commissioner, or designee.

(4)  The commissioner of safety, or designee.

(5)  The insurance commissioner, or designee.

(6)  A representative of the New Hampshire Municipal Association, appointed by the association.

(7)  A representative of the New Hampshire Association of Counties, appointed by the association.

(8)  A representative of the National Alliance on Mental Illness New Hampshire, appointed by the alliance.

(9)  A fire chief, appointed by the New Hampshire Association of Fire Chiefs.

(10)  One member appointed by the New Hampshire Association of Chiefs of Police.

(11)  One member appointed by the New Hampshire Police Association.

(12)  A representative of the Professional Firefighters of New Hampshire, appointed by that organization.

(13)  A representative of the New Hampshire Association of Emergency Medical Technicians, appointed by the association.

(14)  A representative of the New Hampshire Public Risk Management Exchange, appointed by that organization.

(15)  An attorney, appointed by the New Hampshire Association for Justice.

(b)  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

II.(a)  The commissions shall study:

(1)  The prevalence of post traumatic stress disorder (PTSD) among first responders.

(2)  The prevalence of PTSD, or factors contributing to PTSD, among first responders at the time of hiring.

(3)  The extent to which first responders’ employment benefits provide health insurance coverage for treatment of PTSD.

(4)  The degree to which employers who hire first responders are capable of reassigning affected workers to less stressful positions that would allow employees to continue working while receiving mental health treatment.

(5)  The degree to which employers currently provide peer-to-peer counseling programs for first responders, the effectiveness of such programs, and the degree to which such programs should be expanded and funded.

(6)  The degree to which workplace culture prevents first responders from seeking assistance for mental health issues that may be caused or exacerbated by workplace stress.

(7)  The extent to which prior military service may contribute to the rate of PTSD among first responders.

(8)  The difficulty first responders currently have establishing that a PTSD diagnosis is causally related to employment.

(9)  The difficulty employers would have establishing that a pre-employment condition or experience caused PTSD, rather than a first responders' current employment.

(10)  The cost that creating a rebuttal presumption that PTSD was caused uncured during service in the line of duty would impose on public employers, private employers, and taxpayers, and funding solutions to mitigate such cost.

(11)  Other issues the commission deems relevant to its study.

(b)  The commission may solicit input from any person or entity the commission deems relevant to its study.

III.  The members of the commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the senate member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  Nine members of the commission shall constitute a quorum.

IV.  On or before November 1, 2018, the commission shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.  

261:2  Repeal.  RSA 281-A:17-a, relative to a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation, is repealed.

261:3  Effective Date.  

I.  Section 2 of this act shall take effect November 1, 2018.

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

 

Approved: June 12, 2018

Effective Date:

I. Section 2 shall take effect November 1, 2018.

II. Remainder shall take effect June 12, 2018.

 

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and Referred to Commerce; SJ 2
Jan. 18, 2018 Introduced 01/18/2018 and Referred to Commerce; SJ 2
Jan. 23, 2018 Hearing: 01/23/2018, Room 100, SH, 01:45 pm; SC 4
March 8, 2018 Committee Report: Referred to Interim Study, 03/08/2018; SC 10A
March 8, 2018 Special Order to the next session, Without Objection, MA; 03/08/2018; SJ 6
March 14, 2018 Committee Report: Referred to Interim Study, 03/14/2018; SC 11
March 15, 2018 Committee Report: Referred to Interim Study, 03/15/2018; SC 11
March 14, 2018 Committee Report: Referred to Interim Study, 03/14/2018; SC 11
March 15, 2018 Special Order to 03/15/2018, Without Objection, MA; 03/14/2018 SJ 7
March 15, 2018 Committee Report: Referred to Interim Study, 03/15/2018;
March 15, 2018 Refer to Interim Study, MF, VV; 03/15/2018; SJ 8
March 15, 2018 Sen. Bradley Moved Ought to Pass; 03/15/2018; SJ 8
March 15, 2018 Sen. Bradley Floor Amendment # 2018-1116s, AA, VV; 03/15/2018; SJ 8
March 15, 2018 Ought to Pass with Amendment 2018-1116s, MA, VV; Refer to Finance Rule 4-5; 03/15/2018; SJ 8
March 15, 2018 Sen. Daniels Waived Referral to Finance; 03/15/2018; SJ 8
March 15, 2018 Ordered to Third Reading; 03/15/2018; SJ 8
March 8, 2018 OT3rdg; 03/08/2018; SJ 8
March 15, 2018 Introduced 03/15/2018 and referred to Labor, Industrial and Rehabilitative Services HJ 8 P. 71
March 28, 2018 Public Hearing: 03/28/2018 01:00 PM LOB 307
April 4, 2018 ==CANCELLED== Executive Session: 04/04/2018 10:00 AM LOB 307
April 4, 2018 ==RESCHEDULED== Executive Session: 04/04/2018 10:30 AM LOB 307
Majority Committee Report: Ought to Pass with Amendment # 2018-1347h (Vote 11-9; RC)
April 19, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-1347h for 04/19/2018 (Vote 11-9; RC) HC 15 P. 13
Minority Committee Report: Inexpedient to Legislate
April 19, 2018 Amendment # 2018-1347h: AA VV 04/19/2018 HJ 13 P. 23
April 19, 2018 Ought to Pass with Amendment 1347h: MA RC 214-125 04/19/2018 HJ 13 P. 23
April 26, 2018 Sen. French Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 04/26/2018; SJ 14
April 26, 2018 President Appoints: Senators Innis, French, Soucy; 04/26/2018; SJ 14
May 2, 2018 Sen. Soucy Moved to Reconsider the vote on Nonconcur with the House Amendment and Request a C of C, MA, VV; 05/02/2018; SJ 15
May 2, 2018 Reconsideration will be taken up at the appropriate time; 05/02/2018; SJ 15
May 2, 2018 Sen. Innis Moved to Concur with the House Amendment, MA, VV; 05/02/2018; SJ 15
May 10, 2018 Enrolled Bill Amendment # 2018-1960e: AA VV 05/10/2018
May 10, 2018 Enrolled Bill Amendment # 2018-1960e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
June 12, 2018 Signed by the Governor on 06/12/2018; Chapter 0261
Nov. 1, 2018 I. Section 2 Effective 11/01/2018
June 12, 2018 II. Remainder shall take effect 06/12/2018

Action Dates

Date Body Type
Jan. 23, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote
March 14, 2018 Senate Floor Vote
March 28, 2018 House Hearing
April 4, 2018 House Exec Session
April 4, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB553 Revision: 2906 Date: Jan. 9, 2018, 9:32 a.m.
SB553 Revision: 3281 Date: March 20, 2018, 10:05 a.m.
SB553 Revision: 3526 Date: April 23, 2018, 11:37 a.m.
SB553 Revision: 3805 Date: May 15, 2018, 3:55 p.m.
SB553 Revision: 4176 Date: June 16, 2018, 8:58 a.m.