Bill Details - HB458 (2019)

HB 458-FN - VERSION ADOPTED BY BOTH BODIES

 

19Mar2019... 0425h

8May2019... 1908-EBA

2019 SESSION

19-0240

05/10

 

HOUSE BILL 458-FN

 

AN ACT repealing certain inactive dedicated funds.

 

SPONSORS: Rep. Major, Rock. 14; Rep. Almy, Graf. 13; Sen. Giuda, Dist 2

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill:

 

I.  Repeals various dedicated funds with no activity in the financial system for at least the most recent fiscal year and makes related statutory changes.  

 

II.  Adds the special legislative account, the statewide telecommunications fund, the regulatory services promotional products fund, and the organic processors-handlers certification fund to the list of dedicated funds in RSA 6:12.  

 

III.  Adds agencies to 5-year review and reporting cycle in RSA 6:12-j.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 0425h

8May2019... 1908-EBA 19-0240

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT repealing certain inactive dedicated funds.

 

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

 

1  Repeal; Inactive Dedicated Funds.  The following are repealed:

I.  RSA 6:12, I(b)(22), relative to the continuing education advisory council reimbursement fund in RSA 400-A:29-a, II.

II.  RSA 6:12, I(b)(28), relative to the recycling fund.

III.  RSA 6:12, I(b)(30), relative to the special recycling fund.

IV.  RSA 6:12, I(b)(87), relative to the New Hampshire national guard recruitment and retention scholarship fund in RSA 110-B:60.

V.  RSA 6:12, I(b)(118), relative to the nuclear decommissioning finance fund in RSA 162-F:19.

VI.  RSA 6:12, I(b)(148), relative to the aeronautics maintenance and operations fund in RSA 422:6.

VII.  RSA 6:12, I(b)(154), relative to the equipment inventory fund in RSA  228:24-b.

VIII.  RSA 6:12, I(b)(157), relative to the motor fuel inventory fund in RSA 228:24-a.

IX.  RSA 6:12, I(b)(191), relative to the disabled persons' employment fund under RSA 21-I:44-f.

X.  RSA 6:12, I(b)(194), relative to the department of transportation inventory fund in RSA 228:24.

XI.  RSA 6:12, I(b)(195), relative to the municipal maintenance and repair special account in RSA 228:49, II.

XII.  RSA 6:12, I(b)(198), relative to the turnpike renewal and replacement account in RSA 237:49-a.

XIII.  RSA 6:12, I(b)(261), relative to the New Hampshire Rx advantage program fund in RSA 161-L:5.

XIV.  RSA 6:12, I(b)(267), relative to the workers' compensation fraud fund in RSA 281-A:2, VI(d).

XV.  RSA 6:12, I(b)(268), relative to the milk producers emergency relief fund in RSA 184:107.

XVI.  RSA 6:12, I(b)(274), relative to the stormwater utility fund in RSA 149-I:10-a.

XVII.  RSA 6:12, I(b)(320), relative to the palliative care center for health care consumers and providers fund in RSA 126-Y:4.

XVIII.  RSA 6:12, I(b)(326), relative to the New Hampshire POLST registry fund in RSA 137-L:3, V.

XIX.  RSA 6:12-d, II(f), relative to the foreign escheated estates account of the state treasurer.

XX.  RSA 6:12-d, II(m), relative to the agriculture escrow account of the department of agriculture, markets, and food.

2  New Subparagraphs; Dedicated Funds.  Amend RSA 6:12, I(b) by inserting after subparagraph (343) the following new subparagraphs:

(344)  The special legislative account established in 2011, 224:217, as amended by 2013, 144:102, 2015, 276:214, and 2017, 156:129.

(345)  The statewide telecommunications fund established in RSA 21-R:9-a.

(346) The regulatory services promotional products fund, established in RSA 426:6-c.

(347) The organic processors-handlers certification fund, established in RSA 426:6-d.

3  Review and Reporting Requirements; Reporting Date Clarified; Agencies Added.  Amend RSA 6:12-j, V to read as follows:

V.  The reporting year for each agency responsible for a dedicated fund shall be as follows:

(a)  Year 1, beginning November 1, [2015] 2016, and every 5 years thereafter:

(1)  The department of safety.

(2)  The police standards and training council.

(3)  The department of employment security.

(4)  The department of business and economic affairs.

(5)  The department of state.

(b)  Year 2, beginning November 1, [2016] 2017, and every 5 years thereafter:

(1)  The department of environmental services.

(2)  The liquor commission.

(3)  The department of justice.

(4)  The lottery commission.

(5)  The racing and charitable gaming commission.

(6)  The judicial branch.

(c)  Year 3, beginning November 1, [2017] 2018, and every 5 years thereafter:

(1)  The department of agriculture, markets, and food.

(2)  The labor department.

(3)  The department of corrections.

(4)  Pease development authority.

(5)  The office of strategic initiatives.

(6)  The adjutant general.

(7)  The state treasurer.

(8)  The insurance department.

(9)  The department of transportation.

(d)  Year 4, beginning November 1, [2018] 2019, and every 5 years thereafter:

(1)  The department of natural and cultural resources.

(2)  The department of education.

(3)  The banking department.

(4)  The public utilities commission.

(5)  The department of revenue administration.

(6)  The department of information technology.

(7)  The judicial council.

(8)  The office of professional licensure and certification.

(9)  The New Hampshire veterans' home.

(e)  Year 5, beginning November 1, [2019] 2020, and every 5 years thereafter:

(1)  The department of administrative services.

(2)  The general court.

(3)  The department of health and human services.

(4)  The fish and game department.

4  New Section; Department of Information Technology; Statewide Telecommunications Fund.  Amend RSA 21-R by inserting after section 9 the following new section:

21-R:9-a  Statewide Telecommunications Fund.  There is hereby established in the office of the state treasurer a statewide telecommunications fund.  Moneys received by the department from state agencies for telecommunications services shall be deposited in the fund.  The fund shall be nonlapsing and continually appropriated to the department of information technology for the purpose of providing telecommunications services to state agencies.

5  Adjutant General; New Hampshire National Guard Recruitment and Retention Scholarship Fund.  Amend the subdivision heading and RSA 110-B:60 - 110-B:62 to read as follows:

National Guard Scholarship [Fund]

110-B:60  National Guard Scholarship [Fund] Established.  For the purposes of encouraging enlistment and retention in the national guard and to provide for education benefits for members of the national guard in the state, there is hereby established [in the state treasury a separate fund to be known as the] a New Hampshire national guard scholarship. [fund from which the state treasurer shall make payments as may be authorized by the scholarship committee.  The fund shall be a non-lapsing fund.]

110-B:61  Revenue for Scholarship Fund.  [All revenue received from sources other than governmental agencies during any fiscal year from the rental of all national guard armories in this state shall be credited by the state treasurer to the New Hampshire national guard scholarship fund as established in RSA 110-B:60.  Revenues for] The national guard scholarship fund shall [include] consist of an annual appropriation, as determined by the general court, to be awarded by the scholarship committee under this subdivision.

110-B:62  Scholarship [Fund] Committee.  Under such regulations as the adjutant general may prescribe, the [fund] national guard scholarship established pursuant to RSA 110-B:60 shall be administered by a scholarship committee consisting of the adjutant general or his or her designee, the commissioner of education or his or her designee, one person appointed by the governor, one member of the house of representatives committee on state-federal relations and veterans affairs appointed by the speaker of the house and one member of the senate appointed by the president of the senate.  The appointed members shall serve a 2-year term and may be reappointed for an additional term.  The committee shall make the final determination of the recipients of the scholarships offered in any fiscal year.

6  Repeal; Department of Health and Human Services; Palliative Care Center for Health Care Consumers and Providers Fund.  The following are repealed:

I.  RSA 126-Y:1, III, relative to the definition of the fund.

II.  RSA 126-Y:3, III, relative to the palliative care center duties.

III.  RSA 126-Y:4, establishing the palliative care center for health care consumers and providers fund.

IV.  RSA 126-Y:5, III, relative to rulemaking for the fund.  

7  Repeal; Department of Health and Human Services; POLST Registry Fund.  RSA 137-L:3, V, relative to the New Hampshire POLST registry fund, is repealed.

8  Repeal; Department of Health and Human Services; New Hampshire RX Advantage Program Fund.  The following are repealed:

I.  RSA 161-L:1, V, relative to the definition for the New Hampshire Rx advantage program fund.

II.  RSA 161-L:5, establishing the New Hampshire Rx advantage program fund.

9  Department of Health and Human Services; New Hampshire Rx Advantage Program; Definition of Program Secondary Discounted Price.  Amend RSA 161-L:1, XI to read as follows:

XI.  "Secondary discounted price" means the initial discounted price minus any further discounts [paid for out of the fund].

10  Nuclear Decommissioning Finance Fund.  Amend RSA 162-F:19, I to read as follows:

I.  A separate nuclear decommissioning financing fund, with a separate account for each owner, shall be established [in the office of the state treasurer] for each facility in the state.  The committee shall determine the projected cost of decommissioning, the funding date, and the schedule of payments sufficient to ensure that the full cost of decommissioning shall be met by the funding date.  The moneys in such fund shall not be subject to any state taxes and shall not be subject to any federal taxes to the extent allowed by applicable federal law.

11  Repeal; Milk Producers Emergency Relief Fund.  The subdivision heading preceeding RSA 184:106 and RSA 184:106 - 184:110, relative to the milk producers emergency relief fund, are repealed.

12  Repeal; Northeast Interstate Dairy Compact.  RSA 184-A, relative to the Northeast interstate dairy compact, is repealed.

13  Administration of Transportation Laws; Certification of Current Workers' Compensation Requirement Required; Funds To Be Deposited in Department of Labor Restricted Fund.  Amend RSA 228:4-b, IV to read as follows:

IV.  All funds collected under this section shall be deposited into the [general fund] department of labor restricted fund established in RSA 273:1-b.

14  Department of Transportation Inventory Fund.  Amend RSA 228:24 to read as follows:

228:24  Inventory [Fund].  [There is hereby established a department of transportation inventory fund not to exceed $2,000,000, which sum is hereby not otherwise appropriated.] The commissioner of transportation may purchase, through the department of administrative services, division of procurement and support services, such operating materials and supplies as may be necessary for the operation of the department [which shall be a charge against said fund].  Materials or supplies requisitioned therefrom by a division of the department or by other state departments shall upon delivery be a charge against the funds of such division or other state department.  [All sales of materials and supplies from the inventory shall be credited to the inventory fund and are hereby appropriated to and made available for expenditures from the inventory fund.  The commissioner shall transfer from the inventory fund to the highway fund the total amount paid by divisions of his department or other state departments into said fund in excess of the cost of any materials or supplies purchased therefrom.]

15  Motor Fuel Inventory Fund.  Amend RSA 228:24-a to read as follows:

228:24-a  Motor Fuel Inventory [Fund].  

I.  [There is hereby established a motor fuel inventory fund not to exceed $1,000,000, which sum is hereby authorized as a revolving fund comprised of funds in the highway fund that are not otherwise appropriated.] The commissioner of transportation may purchase, through the department of administrative services, division of procurement and support services, such amounts of motor fuels as may be necessary for the operation of an automated state fleet fuel distribution and records management system.  The commissioner is further authorized to sell motor fuel from the motor fuel inventory to all departments and institutions of the state, political subdivisions of the state, eligible nonprofit corporations operating transportation under contract with the department of transportation for elderly or disabled persons, or for the general public and agencies of the federal government.  The commissioner is authorized to assess a fair and equitable charge with respect to the sale of motor fuel sufficient to defray all administrative, transportation, storage, amortization, and other costs incurred by the department in administering this account [sufficient to fully reimburse the inventory fund].

II.  The commissioner shall only purchase diesel fuel that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such fuel is unavailable or is more costly than 100 percent petroleum diesel, in which case such purchase shall be at the discretion of the commissioner.  The commissioner, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use.  The commissioner is encouraged to purchase diesel fuels containing up to 20 percent biodiesel when such fuels are compatible with the vehicles served at given fuel depots.  Any biodiesel blend purchased by the commissioner shall be made available as provided for in paragraph I.  

16  Equipment Inventory Fund.  Amend RSA 228:24-b to read as follows:

228:24-b  Equipment Inventory [Fund].

I.  [There is hereby established an equipment inventory fund which is hereby authorized as a revolving fund.

II.]  The commissioner of transportation, through the department of administrative services, division of procurement and support services, may purchase such equipment as is necessary for the operation of the department's motor vehicle fleet and construction equipment fleet.

[III.] II.  The commissioner may rent or lease vehicles and equipment from the equipment inventory to all departments and institutions of the state, political subdivisions of the state and agencies of the federal government.  The commissioner shall assess a fair and equitable charge with respect to the rental or lease of vehicles and equipment sufficient to defray all administrative, transportation, storage, maintenance, amortization, replacement and other costs incurred by the department. [in administering this account sufficient to continue the equipment inventory fund as a revolving fund.  The revenue from the rent, lease, or sale of vehicles or equipment purchased, rented or leased with funds from the equipment inventory fund shall be deposited into the equipment inventory fund.  The commissioner of transportation shall expend such funds for the operation of the mechanical services bureau, operation division of the department of transportation, and to purchase replacement or new motor vehicles and construction equipment, provided that the general court appropriates such funds from the equipment inventory fund within the mechanical services bureau.]   

17  Repeal; Municipal Maintenance and Repair Special Account.  Amend RSA 228:49, II to read as follows:

II.  The commissioner is authorized to purchase the necessary materials and supplies required for the performance of such work including the rental of equipment.  The state treasurer upon presentation by the commissioner of manifests covering said materials, supplies and rentals is authorized to pay the same from any money in the highway fund not otherwise appropriated.  [The commissioner shall establish a special account within the highway fund to which shall be charged the cost of performing such work and to which shall be credited] Payments made by cities, towns, state departments and institutions hereunder[.  Insofar as such payments] shall include charges for labor performed by personnel of the department of transportation and interest charges on delinquent accounts[,].  These payments shall be credited to the highway fund.

18  Turnpike Renewal and Replacement Account Established.  Amend RSA 237:49-a to read as follows:

237:49-a  Turnpike Renewal and Replacement Account Established.  There is established the turnpike renewal and replacement account within the department of transportation.  At the close of each fiscal year, all surplus renewal and replacement funds shall be [transferred to] carried forward within the turnpike renewal and replacement [fund] account.

19  Worker's Compensation; Reference to Workers' Compensation Fraud Fund Replaced with Department of Labor Restricted Fund.  Amend RSA 281-A:2, VI(d) to read as follows:

(d)  If the commissioner finds that an employer has misrepresented the relationship between the employer and the person providing services, the commissioner may assess a civil penalty of up to $2,500; in addition, such employer may be assessed a civil penalty of $100 per employee for each day of noncompliance.  The fines may be assessed from the first day of the infraction but not to exceed one year.  Notwithstanding any provision of law to the contrary, any person with control or responsibility over decisions to disburse funds and salaries and who knowingly violates the provisions of this subparagraph shall be held personally liable for payments of fines.  All funds collected under this subparagraph shall be [continually appropriated and deposited into a nonlapsing workers' compensation fraud fund dedicated to the investigation and compliance activities required by this section and related sections pertaining to labor and insurance law] deposited into the department of labor restricted fund established in RSA 273:1-b.  The commissioner of labor shall appoint as many individuals as necessary to carry out the department's responsibilities under this section.

20  Workers' Compensation; Safety Provisions; Penalties Deposited in Department of Labor Restricted Fund.  Amend RSA 281-A:64, VIII to read as follows:

VIII.  The commissioner may assess an administrative penalty of up to $250 a day on any employer not in compliance with the written safety program required under paragraph II of this section, the joint loss management committee required under paragraph III of this section, or the directives of the department under paragraph IV of this section.  Each violation shall be subject to a separate administrative penalty.  All penalties collected under this paragraph shall be deposited in the [general fund] department of labor restricted fund established in RSA 273:1-b.

21  New Paragraph; Insurance Department; Continuing Education Course Submission Fee.  Amend RSA 400-A:29 by inserting after paragraph XXII the following new paragraph:

XXIII.  Continuing education course submission fee

(a)  Initial $25

(b)  Renewal $25

22  Continuing Education Advisory Council Reimbursement Fund.  Amend RSA 400-A:29-a to read as follows:

400-A:29-a  Fees for Continuing Education Course Submissions; Special Fund Established.  

I.  The commissioner may impose and collect reasonable application fees [in amounts to be determined by the commissioner] as provided in RSA 400-A:29, XXIII(a) and (b) from sponsoring organizations for submissions of continuing education courses to meet educational requirements established by rule for producers, consultants, and adjusters.

II.  The fees collected by the commissioner under paragraph I shall be [forwarded to the state treasurer for deposit in the continuing education advisory council reimbursement fund.  Moneys in this fund shall lapse to the general fund at the close of each fiscal year.  Moneys from this fund shall be used by the commissioner to pay the expenses of compensating the continuing education advisory councils, within the limits of appropriations made in the operating budget for this purpose] deposited in the general fund.

III.  Members of the respective continuing education advisory councils shall be reimbursed for all actual travel.  The commissioner shall pay the expenses of compensating the continuing education advisory council within the limits of appropriations made in the operating budget for this purpose.

23  Operation of Aircraft.  Amend RSA 422:6 to read as follows:

422:6  Operation of Aircraft.  The commissioner, after consultation with the director of aeronautics, rail, and transit, is hereby authorized to lease, purchase, or own and to maintain and operate such aircraft as may be approved by the governor and council, and to provide for the use of such aircraft by other departments and agencies of the state.  All fees collected from state departments and agencies under this section shall be [credited to a special fund to be] used to pay costs of maintenance and operation of said aircraft.  [Moneys in the special fund] Such fees shall not lapse but may be used [as a revolving fund] for the purposes of this section.

24  New Sections; Standards for Farm Products; Regulatory Services Promotional Products Fund and Organic Processors-Handlers Certification Funds Established.  Amend RSA 426 by inserting after section 6-b the following new sections:

426:6-c  Regulatory Services Promotional Products Fund.  There is established a separate, nonlapsing fund to be known as the regulatory services promotional products fund.  The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering specialty agricultural programs and providing promotional products to program participants.

426:6-d  Organic Processors-Handlers Certification Fund.  There is established a separate, nonlapsing fund to be known as the organic processors-handlers certification fund.  The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering the certification program for organic processors and handlers.  Certification and inspection fees paid under RSA 426:8-a shall be deposited in the fund.

25  Organic Processors and Handlers; Fees.  Amend RSA 426:8-a, III to read as follows:

III.  Such fees shall be credited to the [general fund of the state] organic processors-handlers certification fund established in RSA 426:6-d.

26  Effective Date.  This act shall take effect upon its passage.

 

LBAO

19-0240

Amended 4/1/19

 

HB 458-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0425h)

 

AN ACT repealing certain inactive dedicated funds.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2020 through 2023.

 

AGENCIES CONTACTED:

Department of Administrative Services, Treasury Department, and Department of Agriculture, Markets and Food

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Ways and Means HJ 3 P. 15
Jan. 22, 2019 ==CANCELLED== Public Hearing: 01/22/2019 04:00 pm LOB 202
Jan. 24, 2019 ==RESCHEDULED== Public Hearing: 01/24/2019 01:30 pm LOB 202
Feb. 5, 2019 Subcommittee Work Session: 02/05/2019 10:00 am LOB 202
Feb. 20, 2019 Subcommittee Work Session: 02/20/2019 10:55 am LOB 202
Feb. 20, 2019 Executive Session: 02/20/2019 11:00 am LOB 202
Committee Report: Ought to Pass with Amendment # 2019-0425h (Vote 17-0; RC)
March 7, 2019 Committee Report: Ought to Pass with Amendment # 2019-0425h for 03/07/2019 (Vote 17-0; RC) HC 14 P. 22
Special Order to 03/14/2019 Without Objection HJ 8 P. 60
Special Order to 03/19/2019 Without Objection HJ 9 P. 51
March 19, 2019 Amendment # 2019-0425h: AA VV 03/19/2019 HJ 10 P. 39
March 19, 2019 Ought to Pass with Amendment 2019-0425h: MA VV 03/19/2019 HJ 10 P. 39
March 28, 2019 Introduced 03/28/2019 and Referred to Ways and Means; SJ 12
April 24, 2019 ==TIME CHANGE== Hearing: 04/24/2019, Room 100, SH, 09:45 am; SC 19A
April 18, 2019 Hearing: 04/18/2019, Room 100, SH, 10:45 am; SC 18
May 2, 2019 Committee Report: Ought to Pass, 05/02/2019; SC 20
May 2, 2019 Ought to Pass: MA, VV; OT3rdg; 05/02/2019; SJ 15
May 15, 2019 Enrolled Bill Amendment # 2019-1908e Adopted, VV, (In recess of 05/15/2019); SJ 17
May 8, 2019 Enrolled Bill Amendment # 2019-1908e: AA VV 05/08/2019 HJ 15 P. 101
May 30, 2019 Enrolled (In recess 05/30/2019); SJ 19
May 23, 2019 Enrolled 05/23/2019

Action Dates

Date Body Type
Jan. 22, 2019 House Hearing
Jan. 24, 2019 House Hearing
Feb. 20, 2019 House Exec Session
Feb. 20, 2019 House Exec Session
House Floor Vote
March 7, 2019 House Floor Vote
March 14, 2019 House Floor Vote
March 19, 2019 House Floor Vote
April 24, 2019 Senate Hearing
April 18, 2019 Senate Hearing
May 2, 2019 Senate Floor Vote

Bill Text Revisions

HB458 Revision: 4679 Date: Jan. 10, 2019, 3:07 p.m.
HB458 Revision: 5606 Date: April 2, 2019, 10:50 a.m.
HB458 Revision: 5816 Date: May 16, 2019, 4:13 p.m.