SB556 (2020) Detail

Relative to violence in schools.


SB 556 - AS AMENDED BY THE SENATE

 

03/05/2020   0913s

2020 SESSION

20-3094

06/05

 

SENATE BILL 556

 

AN ACT relative to violence in schools.

 

SPONSORS: Sen. Kahn, Dist 10; Rep. Luneau, Merr. 10; Sen. Morgan, Dist 23

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill:

 

I.  Requires school safety programs to contain a plan for responding to violent acts committed by students against employees, volunteers, and visitors.

 

II.  Requires the joint loss management committee to address protocols for employees to follow.

 

III.  Provides for reporting of acts of violence.

 

The bill is a request of the committee to study violence in schools, estblished in 2019, 305 (SB 141).

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0913s 20-3094

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to violence in schools.

 

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

 

1  Workers' Compensation; Safety Provisions; Schools as Employers.  Amend RSA 281-A:64, II-III to read as follows:

II.  All employers with 15 or more employees shall prepare, with the assistance of the commissioner, a current written safety program and file this program with the commissioner.  After a written safety program has been filed, the program shall be reviewed and updated by the employer at least every 2 years.  Employer programs shall, in addition to the specific rules and regulations regarding worker safety, include the process of warnings, job suspension, and job termination for violations of the safety rules and regulations set forth in the program.  Where the employer is a public school district, administrative unit, or chartered public school, the safety program shall contain a plan for responding to violent acts committed by students against employees, volunteers, and visitors.

III.  Every employer of 15 or more employees shall establish and administer a joint loss management committee composed of equal numbers of employer and employee representatives.  Employee representatives shall be selected by the employees.  If workers are represented by a union, the union shall select the employee representatives.  The joint loss management committee shall meet regularly to develop and carry out workplace safety programs, alternative work programs that allow and encourage injured employees to return to work, and programs for continuing education of employers and employees on the subject of workplace safety.  The committee shall perform all duties required in rules adopted pursuant to this section.  For any public school district, administrative unit, or chartered public school, the joint loss management committee shall also address protocols for employees to follow in relation to workplace violence, including training.  The department of labor shall adopt rules, pursuant to RSA 541-A, relative to safety programs, joint loss management committees, and employee safety in public schools.

2  Workers' Compensation; Responsibility of Employer to Provide Vital Information.  Amend RSA 281-A:53, I to read as follows:

I.  Every employer or self-insurer shall record in sufficient detail and shall report or cause to be reported to the commissioner any injury sustained by an employee in the course of employment as soon as possible, but no later than 5 days after the employer learns of the occurrence of such an injury.  If an injury results in a disability extending beyond 3 days, the employer shall file with the commissioner a supplemental report giving notice of such disability as soon as possible after such waiting period, but no later than 7 days after the accidental injury.  The employer shall supply a copy of either report to the nearest claims office of the employer's insurance carrier.  A self-insurer need not file the supplemental report with the commissioner and may keep the insurance copy of the employer's first report as a file copy.  If any employer fails without sufficient cause as determined by the commissioner to file a first report as set forth in this paragraph, the commissioner shall assess a civil penalty of up to $2,500.  No employer shall discourage an employee from reporting such injuries to their employer or adversely affect the employee's material terms of employment for doing so.  Any employer who is found to have discouraged employees from reporting such injuries to their employer shall be subject to a civil penalty of not more than $2,500 per violation.  If any employer fails to pay a civil penalty, the commissioner shall recover such penalty payment by a civil action in the superior court of the county of jurisdiction.  Civil penalties owed under this section shall be paid to the commissioner, who shall deposit them into the department of labor restricted fund established in RSA 273:1-b.  

3  New Subparagraphs; Safe School Zones; State Board Rulemaking.  Amend RSA 193-D:2, I by inserting after subparagraph (d) the following new subparagraphs:

(e)  Reporting acts of violence against school employees, volunteers, and visitors.

(f)  A complaint procedure for those asserting that a provision of this chapter has been violated, and possible sanctions and penalties for such violation.

4  New Subparagraphs; Safe School Zones; Report Required.  Amend RSA 193-D:4, I by inserting after subparagraph (c) the following new subparagraphs:

(d)  All assaults committed against school employees, volunteers, and visitors, shall be reported to the department of education for data collection and examination.

(e)  All public schools shall provide an annual incident report to their local school boards.  The report shall include all incidents of violence involving students, employees, volunteers, or visitors.

(f)  When an act of violence is observed by a group of people, one member of the group may report the act and identify the additional observers, provided a second observer also signs the report.

5  New Section; Child Restraint Practices.  Amend RSA 126-U by inserting after section 1 the following new section:

126-U:1-a  Limitations of Child Restraint Practices.  The department of education and the department of labor shall work cooperatively to develop consistent definitions and applications of this chapter in order to inform school administrators and employees across the state of best practices regarding restraints in schools.  The department of education may utilize grant funds that are available through the department's office of student wellness for trauma-responsive training, consultation on de-escalating violent situations, and proper uses of restraint.

6  Effective Date.  This act shall take effect 60 days after its passage.

Links

SB556 at GenCourtMobile
SB556 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB556 Revision: 8215 Date: March 5, 2020, 12:51 p.m.
SB556 Revision: 7776 Date: Jan. 2, 2020, 1:56 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Commerce; SJ 1
Feb. 4, 2020 Hearing: 02/04/2020, Room 101, LOB, 01:45 pm; SC 5
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0913s, 03/05/2020; Vote 5-0; CC; SC 9
March 5, 2020 Committee Amendment # 2020-0913s, AA, VV; 03/05/2020; SJ 5
March 5, 2020 Ought to Pass with Amendment 2020-0913s, MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Education HJ 8 P. 227
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 3
Died on Table