Revision: March 31, 2022, 3:48 p.m.
Sen. Bradley, Dist 3
March 31, 2022
2022-1295s
04/08
Floor Amendment to SB 226-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Department of Administrative Services; Division of Personnel; Recruitment and Retention Program. Amend RSA 21-I:42, VI to read as follows:
VI. Developing a program for the recruitment, selection, [and] placement, and retention of qualified applicants in the state service. The department shall obtain the approval of the fiscal committee of the general court prior to developing or implementing the program. Upon approval, the program may include:
(a) Expenditures by state agencies for recruitment and retention incentives, including but not limited to:
(1) Bonuses for newly hired applicants who have not been employed by the state for a period of time to be determined by the director, but no less than one year, immediately preceding the date of hire; and
(2) Referral fees for active employees of the state in good standing, excluding those employed in human resources jobs within their own agencies and hiring manager positions.
(b) Any recruitment or retention incentives received by a state employee pursuant to this paragraph shall not be considered gifts under RSA 15-B.
(c) Referral of applicants by current employees of the state for the purpose of receiving a referral fee pursuant to this paragraph shall not be considered a misuse of position under RSA 21-G:23, provided that any rules adopted by the director pursuant to RSA 21-I:43, II or any directives issued by the director pursuant to RSA 21-I:42, XV require that the benefits of a referral program shall be equally available to all state employees, except as specified in subparagraph (a)(2), and subject to uniform criteria established by the director.
(d) Any expenditures made for recruitment or retention incentives pursuant to this paragraph shall be considered a matter of legislatively-enacted public policy that is designed to benefit employees and the state, and that is confined exclusively to the public employer by statute as provided in RSA 273-A:1, XI, and which shall not be subject to collective bargaining. Nothing in this paragraph shall be construed to invalidate any portion of a collective bargaining agreement entered into by the state.
(e) Any expenditures for recruitment or retention incentives or bonuses pursuant to this paragraph shall require the approval of the fiscal committee of the general court.
2 Repeal. RSA 21-I:42, VI, relative to a recruitment and retention program for qualified applicants in the state service, is repealed.
I. Section 2 of this act shall take effect July 1, 2023.
II. The remainder of this act shall take effect 60 days after its passage.