Revision: Feb. 3, 2021, 12:55 p.m.
SB 127-FN-A-LOCAL - AS INTRODUCED
2021 SESSION
21-0912
08/10
SENATE BILL 127-FN-A-LOCAL
AN ACT adopting omnibus legislation on appropriations.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Finance
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ANALYSIS
This bill adopts legislation relative to:
I. Annual grants to regional economic development corporations.
II. Establishing an animal records database.
III. Making an appropriation for affordable housing.
IV. Making an appropriation to the department of education for the purpose of funding air quality improvements in public school buildings.
V. Crediting excess funds in the investor education fund to the FRM victim's fund.
VI. Adequacy payments for home-schooled students.
VII. Making an appropriation to the department of environmental services for the purpose of funding public water system projects.
VIII. Making an appropriation to the department of environmental services for funding eligible wastewater projects.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0912
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation on appropriations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sponsorship. This act consists of the following proposed legislation:
Part I. LSR 21-0912, relative to annual grants to regional economic development corporations, sponsored by Sen. Bradley, Prime/Dist 3; Sen. Watters, Dist 4; and Sen. Hennessey, Dist 1.
Part II. LSR 21-0977, establishing an animal records database, sponsored by Sen. Bradley, Prime/Dist 3.
Part III. LSR 21-1037, making an appropriation for affordable housing, sponsored by Sen. Bradley, Prime/Dist. 3; Sen. Perkins Kwoka, Dist. 21; Sen. Rosenwald, Dist 13; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Prentiss, Dist 5; Sen. Whitley, Dist 15; Sen. Carson, Dist 14; Sen. Hennessey, Dist 1; Sen. Cavanaugh, Dist 16; Sen. Sherman, Dist 24; Sen. Soucy, Dist 18; Rep. Umberger, Carr 2; Rep. Wallner, Merr 10.
Part IV. LSR 21-1030, making an appropriation to the department of education for the purpose of funding air quality improvements in public school buildings, sponsored by Sen Kahn, Prime/Dist 10; Sen. Watters, Dist 4; Rep. Heath, Hills 14; and Rep. Myler, Merr 10.
Part V. LSR 21-0920, crediting excess funds in the investor education fund to the FRM victim's fund, sponsored by Sen. French, Prime/Dist 7; Sen. Bradley, Dist 3; Sen. Watters, Dist 4; Sen. D'Allesandro, Dist 20; Sen. Giuda, Dist 2; Sen. Gannon, Dist. 23.
Part VI. LSR 21-0981, relative to adequacy payments for home-schooled students, sponsored by Sen. Birdsell.
Part VII. LSR 21-1027, making an appropriation to the department of environmental services for the purpose of funding public water system projects, sponsored by Sen. Bradley, Prime/Dist 3, Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 1; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Rep. Buco, Carr 2; Rep Danielson, Hills 7; Rep. Leishman, Hills 24; Rep. Umberger, Carr 2.
Part VIII. LSR 21-1028, making an appropriation to the department of environmental services for funding eligible wastewater projects, sponsored by Sen. Bradley, Prime/Dist 3; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 1; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Rep. Buco, Carr 2; Rep. Danielson, Hills 7.
2 Legislation Enacted. The general court hereby enacts the following legislation:
PART I
Relative to annual grants to regional economic development corporations.
1 New Section; Business Finance Authority; Annual Grants to Regional Economic Development Corporations. Amend RSA 162-A by inserting after section 7-a the following new section:
162-A:7-b Annual Grants to Regional Economic Development Corporations. The sum of $200,000 is hereby appropriated annually to the authority for the purpose of providing equal grants to regional economic development corporations in furtherance of the objectives set forth in RSA 162-A:1. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Funds appropriated to the authority under this section shall be excluded from the repayment provisions of RSA 162-A:30.
2 Repeal. RSA 162-A:7-b, relative to annual grants to regional economic development corporations, is repealed.
I. Section 2 of part I of this act shall take effect June 30, 2031.
II. The remainder of part I of this act shall take effect July 1, 2021.
PART II
Establishing an animal records database.
1 New Sections; Animal Records Database. Amend RSA 437 by inserting after section 8 the following new sections:
437:8-a Animal Records Database Established.
I. The department of agriculture, markets, and food shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the handling of animal records. The department shall maintain a statewide database of all health certificates for any dog, cat, or ferret for which it is required; records of all rabies vaccinations; records of quarantine for any animal brought into New Hampshire for transfer under RSA 437:8, IV; any records required of pet vendors for the transfer of any animal that is not a dog, cat, or ferret; license information for pet vendors required to be licensed under RSA 437:3, and the number of individual and group licenses issued each year by each municipality in New Hampshire under RSA 466.
II. Such database may also be used to record other data relevant to the oversight of pet animal health in the state as the commissioner deems necessary.
III. The department shall maintain a reporting system capable of receiving electronically transmitted reports from veterinarians, pet vendors, animal shelters, and any other person the department requires by rule to submit animal records. Authorized users shall be capable of working in offline mode when an Internet connection is not available. The commissioner shall adopt rules under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information it deems necessary to manage such database including procedures for providing authorized access by licensed veterinarians, municipal clerks, and other persons the commissioner requires to access to the database. The commissioner shall also adopt rules pursuant to RSA 541-A relative to the collection of fees necessary to maintain the database. The commissioner shall also ensure that the database is secure from unauthorized access or use.
IV. There is established a nonlapsing fund to be known as the animal records database fund in the department of agriculture, markets, and food which shall be kept distinct and separate from all other funds. All moneys in the animal records database fund shall be nonlapsing and continually appropriated to the commissioner, and except as otherwise provided in law, shall be used for the purpose of administering and maintaining the animal records database established in this section. The database fund shall draw moneys only from grants, appropriations, and the fees in RSA 437:8-a.
V. Notwithstanding paragraph IV, the fund shall be initiated by transfers from the agricultural product and scale testing fund established under RSA 435:20, IV, as provided in RSA 435:20,V-a, and the integrated pest management fund established under RSA 430:50, as provided in RSA 430:50, IV-a. After the animal records database is operational, the commissioner may reimburse first the integrated pest management fund, and then the agricultural product and scale testing fund, over a period of 5 years as provided in RSA 435:20, V-b and RSA 430:50, IV-b.
437:8-b Confidentiality.
I. Information contained in the database, information obtained from it, and information contained in the records of requests for information from the database, shall be confidential, and shall not be a public record or otherwise subject to disclosure under RSA 91-A, and shall not be subject to discovery, subpoena, or other means of legal compulsion for release. Such information shall not be shared with an agency or institution, except as provided in this subdivision.
II. The department shall establish and maintain procedures to ensure the privacy and confidentiality of animal and animal owner information.
III. The department may use and release information and reports from the program for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the data are aggregated or otherwise de-identified.
IV. No database records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.
V. Database records, information, or lists may be made available pursuant to a court order on a case-by-case basis. In a case of potential rabies exposure, rabies vaccination information may be made available in response to a request from the state, a political subdivision of the state, the federal government, or a law enforcement agency solely for use in official business. Any information, record, or list received pursuant to this paragraph shall not be transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.
VI. Any person who knowingly accesses, alters, destroys, or discloses program information except as authorized in this subdivision or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.
2 Health Certificates; Fee. Amend RSA 437:8 to read as follows:
437:8 Health Certificates for Dogs,Cats, and Ferrets.
I. For purposes of this chapter, an official health certificate means [a certificate signed] an electronic record electronically submitted to the animal records database by a licensed veterinarian, containing the name and address of the entity transferring ownership of the dog, cat, or ferret, the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret, and the certification of the veterinarian that the dog, cat, or ferret is free from evidence of communicable diseases or internal or external parasites. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included [on or attached to] in the certificate. The signing veterinarian shall pay a fee not to exceed $2 for each official health certificate submitted to the department of agriculture, markets, and food in accordance with rules established by the department for the submission of the health certificates for the administration of the animal records database.
II. The electronically submitted health certificate shall be considered the official health certificate. A copy of the health certificate of [The original of the official health certificate accompanying] the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection by the department, local officials, or a member of the public upon request up to one year after the animal has left the facility. The public shall be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where dogs, cats, or ferrets are displayed. Upon transfer of a dog, cat, or ferret, a copy of that animal's health certificate shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. [The transferee may accept a dog, cat, or ferret that has a noncontagious illness, or feline leukemia virus or feline immunodeficiency virus, which has caused it to fail its examination by a licensed veterinarian for an official health certificate. The transferee shall sign a waiver that indicates the transferee has knowledge of such dog, cat, or ferret's noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.]
II-a. For purposes of this chapter, an official health certificate waiver means an electronic record electronically submitted to the animal records database provided in lieu of an official health certificate for a dog, cat, or ferret that has failed the examination for an official health certificate because of a non-contagious illness, feline leukemia, or feline immunodeficiency virus. The waiver shall contain the name and address of the entity transferring ownership of the dog, cat, or ferret; the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret; the reason for failure of the examination for the official health certificate; and the signature of the transferee indicating that the transferee has knowledge of the dog’s, cat’s, or ferret’s non-contagious medical condition. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included in the health certificate waiver. The waiver shall be submitted electronically to the animal records database by a New Hampshire licensed veterinarian, a New Hampshire licensed pet vendor, or other person authorized to submit to the animal records database. The person submitting the health certificate waiver shall pay a fee not to exceed $2 for each official health certificate waiver submitted to the department of agriculture, markets, and food in accordance with rules established by the commissioner for the administration of the animal records database. Payments shall be made electronically.
III. No person, firm, corporation, or other entity shall ship or bring into the state of New Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No person, firm, corporation, or other entity shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
IV. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at least 48 hours at a facility licensed under RSA 437 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.
V. Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferrets except that:
(a) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies, including but not limited to national tattoo or microchip registries.
(b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal.
VI. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual without first being protected against infectious diseases using a vaccine approved by the state veterinarian. [No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer shall occur unless the transferred animal is accompanied by a health certificate issued within the prior 14 days. The certificate shall be in triplicate, one copy of which shall be retained by the signing veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be given to the transferee upon transfer as provided in paragraph III.] No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual unless accompanied by a copy of the official health certificate or official health certificate waiver issued by a licensed veterinarian within the prior 14 days. No transfer shall occur unless the transferred animal is accompanied by a copy of the official health certificate or official health certificate waiver. The official health certificate shall reside in the animal records database in a record which the issuing veterinarian and the licensee shall be authorized to access. A copy, generated by the veterinarian or the licensee, shall be provided to the transferee. The transferor shall retain a copy for his or her records. If an official health certificate is produced, it shall be prima facie evidence of transfer. [The signing veterinarian shall provide a copy of the health certificate to the department of agriculture, markets, and food upon request.]
3 Duties of Veterinarian; Notification of Administration of Rabies Vaccine. Amend RSA 436:102 to read as follows:
436:102 Duties of Veterinarian. It shall be the duty of each veterinarian, at the time of vaccinating any dog, cat, or ferret, to complete a certificate of rabies vaccination [in triplicate] which includes the following information: owner's name and address, description of dog, cat, or ferret (breed, sex, markings, age, name), date of vaccination, rabies vaccination tag number, type of rabies vaccine administered, manufacturer's serial number of vaccine, and the expiration date of the vaccination. [Distribution of copies of the certificate shall be: the original to the owner, one copy retained by the issuing veterinarian and, within 40 days of the vaccination, one copy to the town or city clerk where the dog, cat, or ferret is kept. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in RSA 436:100.] The veterinarian shall enter the rabies vaccine certificate information electronically into the animal records database, and generate a copy for the owner, who shall retain that copy for the interval between vaccinations specified in RSA 436:100. The department shall provide city and town clerks access to database records of vaccination for all dogs, cats, and ferrets within their jurisdiction. A metal or durable plastic tag, serially numbered, shall be securely attached to the collar or harness of the dog. Whenever the dog is out-of-doors, off the owner's premises, and not under the control of the owner or handler while working the dog, the collar or harness with the vaccination tag shall be worn. For the purposes of this section, "working the dog" means a dog doing a defined functional canine activity with its owner or handler such as hunting, field work, drafting, and guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), or participating in any lawful competitive event, including, but not limited to, conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities pertinent to functional canine activities. Cats and ferrets shall not be required to wear the collar or harness with the tag.
4 Cost; Rabies Vaccination Fee. Amend RSA 436:103 to read as follows:
436:103 Cost. The cost of rabies vaccination shall be paid by the owner of the dog, cat, or ferret. A fee not to exceed $2 shall be included in the cost of such vaccinations and shall be submitted to the department of agriculture, markets, and food in accordance with rules established by the department for submission of the vaccination certificate required in RSA 436:102 for the administration of the animal records database.
5 New Subparagraph; Animal Records Database Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (364) the following new subparagraph:
(365) Moneys deposited in the animal records database fund established in RSA 437:8-a, IV.
6 New Paragraph; Agricultural Product and Scale Testing Fund; Transfer Authority. Amend RSA 435:20 by inserting after paragraph IV the following new paragraphs:
V.(a) The commissioner shall transfer funds from the agricultural product and scale testing fund established under RSA 435:20, IV to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database. The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational. For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the agricultural product and scale testing fund to the animal records database fund for this purpose.
(b) After the animal records database is operational, for the purpose of reimbursement, the commissioner may transfer funds back to the agricultural product and scale testing fund for a period of 5 years from the date of certification, employing any surplus over the ongoing cost of database operation and maintenance. All transfers shall end 5 years after certification, whether or not reimbursement is completed.
7 New Paragraph; Integrated Pest Management Fund; Transfer Authority. Amend RSA 430:50 by inserting after paragraph III the following new paragraphs:
IV.(a) The commissioner shall transfer funds from the integrated pest management fund established in this section to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database. The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational. For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the integrated pest management fund to the animal records database fund for this purpose.
(b) After the animal records database is operational, for the purpose of reimbursement, the commissioner is authorized to transfer funds back to the integrated pest management fund for a period of 5 years from the date of certification, employing any surplus over the ongoing cost of data base operation and maintenance. All transfers shall end 5 years after certification, whether or not reimbursement is completed.
8 Repeal. The following are repealed:
I. RSA 430:50, IV(a), relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds from the integrated pest management fund.
II. RSA 430:50, IV(b), relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds to the integrated pest management fund.
III. RSA 435:20, V(a), relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds from the agricultural product and scale testing fund.
IV. RSA 435:20, V(b), relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds to the agricultural product and scale testing fund.
V. RSA 437:8-a, V, relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds to and from the animal records database fund.
I. Sections 2-4 of this act shall take effect 90 days after the commissioner of the department of agriculture, markets, and food certifies to the secretary of state and the director of the office of legislative services that the animal records database established in RSA 437:8-a is operational.
II. Paragraphs I and III of section 8 of this act shall take effect 2 years from the date on which the commissioner of the department of agriculture, markets, and food certifies to the secretary of state and the director of the office of legislative services, that the animal records database established in RSA 437:8-a is operational.
III. Paragraphs II, IV, and V of section 8 of this act, shall take effect 5 years from the date on which the commissioner of the department of agriculture, markets, and food certifies to the secretary of state and the director of the office of legislative services, that the animal records database established in RSA 437:8-a is operational.
I. Sections 2-4 of part II of this act shall take effect as provided in paragraph I of section 9 of part II of this act.
II. Paragraphs I and III of section 8 of part II of this act shall take effect as provided in paragraph II of section 9 of part II of this act.
III. Paragraphs II, IV, and V of section 8 of this act shall take effect as provided in paragraph III of section 9 of part II this act.
IV. The remainder of part II of this act shall take effect upon its passage.
PART III
Making an appropriation for affordable housing.
1 Affordable Housing Fund; Appropriation. The sum of $5,000,000 for the fiscal year ending June 30, 2022, and the sum of $5,000,000 for the fiscal year ending June 30, 2023, are hereby appropriated to the housing finance authority for deposit in the affordable housing fund established in RSA 204-C:57. The appropriations shall be in addition to any other funds appropriated to the housing finance authority. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
2 Effective Date. Part III of this act shall take effect 60 days after its passage.
PART IV
Making an appropriation to the department of education for the purpose of
funding air quality improvements in public school buildings.
1 Appropriation; Department of Education.
I. The sum of $20,000,000 for the biennium ending June 30, 2023 is hereby appropriated to the commissioner of the department of education for funding testing, equipment purchases, and installation of heating, ventilation, and air conditioning upgrades and air quality improvement in public school buildings. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
II. The department of education shall establish criteria for awarding funds, the share of total project cost to be matched from this operating budget appropriation, and, if deemed appropriate to fund more projects, set a limit of state matching funds for any one project.
2 Effective Date. Part IV of this act shall take effect July 1, 2022.
PART V
Crediting excess funds in the investor education fund to the FRM victim's fund.
1 New Paragraph; FRM Victims' Contribution Recovery Fund. Amend RSA 359-P:2 by inserting after paragraph I the following new paragraph:
I-a. In addition to the funds contributed under paragraph I, the fund shall also consist of the amount contributed under RSA 421-B:6-601(j).
2 New Subparagraph; Uniform Securities Act; Administration of Chapter; Investor Education Fund. Amend RSA 421-B:6-601 by inserting after subparagraph (i) the following new subparagraph:
(j) Any excess of the funds credited to the general fund pursuant to paragraph (h) up to $500,000 per fiscal year shall be contributed to the FRM victims' contribution recovery fund established in RSA 359-P:2.
3 Repeal. The following are repealed:
I. RSA 359-P:2, I-a, relative to funds contributed pursuant to RSA 421-B:6-601(j).
II. RSA 421-B:6-601(j), relative to moneys contributed to the FRM victims' contribution recovery fund.
I. Section 3 of part V of this act shall take effect July 1, 2024.
II. The remainder of part V of this act shall take effect June 30, 2021.
PART VI
Relative to adequacy payments for home-schooled students.
1 Adequate Education; Definitions; Average Daily Membership in Attendance. Amend RSA 198:38, I(b) to read as follows:
(b) For the purpose of calculating ADMA, each pupil who is home educated in compliance with RSA 193-A and who is enrolled in a kindergarten through grade 12 school board approved public [high] school academic course shall count as an additional 0.15 pupil for each such academic course taken in a public [high] school. [The department of education shall only make grant payments for such pupils to the extent of available appropriations. In this subparagraph, "public high school" shall have the same meaning as "high school" as defined in RSA 194:23.]
2 Effective Date. Part VI of this act shall take effect 60 days after its passage.
PART VII
Making an appropriation to the department of environmental services for
the purpose of funding public water system projects.
1 Department of Environmental Services; Appropriation. There is hereby appropriated to the department of environmental services the sum of $500,000 for the fiscal year ending June 30, 2022 and $500,000 for the fiscal year ending June 30, 2023, which shall be nonlapsing, for the purpose of funding public water system projects under RSA 486-A. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
2 Effective Date. Part VII of this act shall take effect July 1, 2021.
PART VIII
Making an appropriation to the department of environmental services for
funding eligible wastewater projects.
1 Department of Environmental Services; Appropriation. There is hereby appropriated to the department of environmental services the sum of $5,735,248 for the fiscal year ending June 30, 2022 and $6,919,115 for the fiscal year ending June 30, 2023, which shall be nonlapsing, for the purpose of funding eligible wastewater projects under RSA 486. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
2 Effective Date. Part VIII his act shall take effect July 1, 2021.
21-0912
Revised 2/3/21
SB 127-FN-A-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT adopting omnibus legislation on appropriations.
PART I: Relative to annual grants to regional economic development corporations,
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $200,000 | $200,000 | $200,000 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | $200,000 | $200,000 | $200,000 | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other- | ||||
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| |
COUNTY: |
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| |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | |
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| |
LOCAL: |
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| |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | |
METHODOLOGY:
This section appropriates $200,000 in FY 2022 and each year thereafter until FY 2031 from moneys not otherwise appropriated to the Business Finance Authority for the purpose of providing equal grants to regional economic development corporations in furtherance of the objectives of RSA 162-A:1, including preservation and development of business and industry for the betterment of the economy of the state and its inhabitants. It is unclear if county and local government would be eligible to directly receive these grants since it specifies the grants are for regional economic development corporations. RSA 162-A:2, XII provides a definition for local development organization which includes regional development corporation. This definition also states "The term "local development organization" shall include a town, city or county if such town, city or county has published written procedures for participating in economic development activities through the loaning of funds or the enhancement of credit".
AGENCIES CONTACTED:
None
PART II: Establishing an animal records database.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $675,000-$1,000,000 | $0 | $300,000 +/- | |
Revenue | $0 | $0 | $0 | $325,000 +/- | |
Expenditures | $0 | $675,000-$1,000,000 | $0 | $300,000 +/- | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other-Agricultural product and scale testing fund, pesticides control fund and fee revenue | ||||
COUNTY: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $0 | $0 | Indeterminable |
METHODOLOGY:
This section creates a database for animal health records and authorizes the Commissioner of the Department of Agriculture, Markets and Food to transfer money from the agricultural product and scale testing and pesticide control funds to establish the database for up to 2 years and shall certify the date when such database is operational. A dedicated nonlapsing continually appropriated animal records database fund is established in the Department to be used for administering and maintaining the animal records database and shall draw money only from grants, appropriations and fees as specified. After the animal records database is certified as operational, the commissioner may reimburse first the integrated pest management fund, and then the agricultural product and scale testing fund, over a period of 5 years, employing any surplus over the ongoing cost of database operation and maintenance. All reimbursement transfers shall end 5 years after certification, whether or not reimbursement is completed. The section establishes a fee not to exceed $2 fee on animal health certificates, rabies vaccines and health certificate waivers, and requires veterinarians to submit the certificates electronically to the animal records database at Department of Agriculture, Markets and Foods. The Department of Agriculture, Markets and Food makes the following assumptions regarding the fiscal impact of this section:
The section also provides that any person who knowingly accesses, alters, destroys, or discloses program information except as authorized in this subdivision or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.
There is no method to determine how many charges would be brought as a result of the changes contained in this section to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Simple Criminal Case | $309 | $309 |
Routine Criminal Felony Case | $494 | $494 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2020 Average Cost of Incarcerating an Individual | $47,691 | $47,691 |
FY 2020 Annual Marginal Cost of a General Population Inmate | $6,407 | $6,407 |
FY 2020 Average Cost of Supervising an Individual on Parole/Probation | $584 | $584 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
AGENCIES CONTACTED:
Departments of Agriculture, Markets and Food, Corrections and Justice, Judicial Council, Judicial Branch, and New Hampshire Association of Counties
PART III: Making an appropriation for affordable housing.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $5,000,000 | $5,000,000 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | $5,000,000 | $5,000,000 | $0 | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other- | ||||
METHODOLOGY:
This section makes a general fund appropriation of $5 million in FY 2022 and $5 million in FY 2023 to the New Hampshire Housing Finance Authority for deposit into the affordable housing fund.
AGENCIES CONTACTED:
None
PART IV: Making an appropriation to the department of education for the purpose of funding air quality improvements in public school buildings.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| ||||
| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 |
$0
| Not to Exceed $20M Over the Biennium | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | $0
| Indeterminable Increase (Not to Exceed $20M Over the Biennium) | $0 | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other- | ||||
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|
|
| |
LOCAL: |
|
|
|
| |
Revenue | $0 |
$0
| Indeterminable Increase (Not to Exceed $20M) | $0 | |
Expenditures | $0 | $0 | $0 | $0 | |
METHODOLOGY:
This section provides a general fund appropriation of $20,000,000 to the Department of Education for the purpose of providing grants to public school districts for testing, equipment purchases, and installation of heating, ventilation, and air conditioning upgrades and air quality improvement. Since this section is effective July 1, 2022, all grants would be paid in FY 2023. Any unexpended portion of the appropriation as of June 30, 2023, would lapse to the general fund.
AGENCIES CONTACTED:
Department of Education
PART V: Crediting excess funds in the investor education fund to the FRM victim's fund.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| ||||
| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | $0 | $0 | $0 | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other- FRM Victims' Recovery Fund | ||||
METHODOLOGY:
This section requires that a certain amount of excess money from the investor education fund be deposited in the FRM Victims' Recovery Fund instead of the State General Fund. The Bureau of Securities Regulation indicates this bill would require up to $500,000 of the amount in excess of $725,000 from the Investor Education Fund to be deposited in the FRM Victims' Recovery Fund. Under current law, amounts in excess of $725,000 are deposited in the State General Fund. The Bureau indicates the excess has exceeded $500,000 for the last three years but notes there is no guarantee this would be the case in any given fiscal year. The fiscal impact of this section of the bill will be a decrease of up to $500,000 in State General Fund revenue and an increase of up to $500,000 in FRM Victims' Recovery Fund revenue for FY 2021-FY 2024.
AGENCIES CONTACTED:
Department of State, Bureau of Securities Regulation
PART VI: Relative to adequacy payments for home-schooled students.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ X ] Education [ ] Highway [ ] Other- | |||
LOCAL: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This section expands eligibility for Adequacy Aid to all grade levels (kindergarten-grade 12) from the current grades 9-12 for home-schooled students taking academic classes. The Department of Education does not have information on attendance for kindergarten-grade 8 taking classes and cannot estimate a fiscal impact on FY21 Adequacy Aid, state expenditures or local revenue. The earliest date to implement this section would be for FY22 Adequacy Aid.
AGENCIES CONTACTED:
Department of Education
PART VII: Making an appropriation to the department of environmental services for the purpose of funding public water system projects.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| ||||
| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $500,000 | $500,000 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other- | ||||
COUNTY: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
LOCAL: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This section makes nonlapsing appropriations to the Department of Environmental Services for the purpose of funding public water system projects under RSA 486-A. The Department of Environmental Services states the bill would fund new grants to public water systems under RSA 486-A for the first time in over a decade. The Department currently has no staff, forms, databases or internal processes for administering grants under RSA 486-A for public water systems. The Department assumes it will need an additional part-time Environmentalist IV position to administer the program. The estimated cost for this half-time position would be $57,500 in FY 2022 and $55,500 in FY 2023 including benefits, office space and other operating expenses. RSA 486-A provides State contributions of 20 percent of the annual amortization charges, (principal and interest) for construction projects undertaken to comply with the EPA rules or rules of the Department adopted to implement the federal Safe Drinking Water Act amendments of 1986. The State may pay up to 25 percent of the eligible water supply land protection costs. The Department assumes an annual amount of $500k available to payback a portion of loans over 10-30 years would provide a meaningfully impact for a large number of water systems. If the program instead issued lump sum grants, the $500k annual appropriation would fund a limited number of grants each year. Because grants may support projects that are bonded or provide lump sum payments for non-bonded projects, it is difficult for the Department to determine the amount of annual expenditures.
The Department reports it may be unlikely that additional projects would pursue funding to achieve compliance with the surface water quality rule at this time as water systems in NH currently comply with the water treatment rules of the EPA.
AGENCIES CONTACTED:
Department of Environmental Services
PART VIII: Making an appropriation to the department of environmental services for funding eligible wastewater projects.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
|
| ||||
| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $5,735,248 | $6,919,115 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | $5,735,248 | $6,919,115 | $6,596,985 | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other- | ||||
LOCAL: |
|
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|
Revenue | $0 | $5,735,248 | $6,919,115 | $6,596,985 |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This section makes appropriations to the Department of Environmental Services for the purpose of funding eligible wastewater projects under RSA 486.
The Department of Environmental Services indicates the fiscal year expenditures above are equal to the principal and interest for State Aid Grant projects calculated using the standard Clean Water State Revolving Fund 20-year loan amortization with equal principal, at the current rate of 2.0% during the repayment term. The project amounts include a 20% contingency to allow for project cost increases, variances in State Aid eligibility and/or projects with financing other than the standard loan amortization (such as; reserve funds, alternate rates or amortization structures). The principle and interest payments over the 20-year loan amortization period are estimated to be $115.3 million.
AGENCIES CONTACTED:
Department of Environmental Services