Revision: March 14, 2022, 4:27 p.m.
SB 303-FN - AS AMENDED BY THE SENATE
02/24/2022 0790s
2022 SESSION
22-3035
04/05
SENATE BILL 303-FN
SPONSORS: Sen. Hennessey, Dist 1; Sen. Whitley, Dist 15; Sen. Bradley, Dist 3; Sen. French, Dist 7; Sen. D'Allesandro, Dist 20; Rep. Trottier, Belk. 6
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill requires the judicial branch to reimburse the sheriff's office at the rate provided in the collective bargaining agreement applicable to per diem court security officers for court security and prisoner custody and control. The bill also revises the labor grade and employment classification for the colonel, executive major, and majors of the state police.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/24/2022 0790s 22-3035
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sheriffs and Constables; Fees of Sheriffs and Deputy Sheriffs. Amend RSA 104:31, XI-XII to read as follows:
XI. The judicial branch shall reimburse the sheriff's office [for court security], within available funds appropriated by the legislature, [$80 for each full day and $40 for each half day, plus traveling expenses to attend any official business] at the rates provided in the collective bargaining agreement applicable to per diem court security officers employed by the judicial branch for court security, to attend any official business, or for any person employed as a bailiff by the sheriff's office. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.
XII. The judicial branch shall reimburse the sheriff's office [for prisoner custody and control], within available funds appropriated by the legislature, [$65 for each full day and $35 for each half day, plus traveling expenses to attend any official business] at the rates provided in the collective bargaining agreement applicable to per diem court security officers employed by the judicial branch, for any person employed as a sheriff for prisoner custody and control. For the purpose of this paragraph, a half day shall be defined as a day in which a sheriff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing sheriffs, if those costs are the result of job requirements imposed by federal and state governments. Billing for reimbursement of costs associated with video arraignments shall not be allowed under this paragraph. Custody and control of prisoners for the purpose of video arraignments shall be the responsibility of the county in which the video arraignment occurs, and such custody and control may be exercised by county correctional officers.
2 The State Police; Ranks and Qualifications. Amend RSA 106-B:4 to read as follows:
106-B:4 Ranks and Qualifications; Establishment.
I. The director of state police shall hold the rank of colonel. Within the division of state police there shall be not less than one major, 2 field officers with the rank of captain, 7 troop commanders with the rank of lieutenant, and 7 assistant troop commanders with the rank of sergeant. Every police employee shall have had not less than 2 years' service within the division to become eligible for promotion of any type except from probationary status to trooper. No member of the division shall be eligible for promotion in any event unless his or her record is free from the commission of any major infraction of divisional discipline within the last 7 consecutive years of such service. In addition to the foregoing, the personnel commission, with the advice of the director, shall establish suitable classification for additional grades, positions and ranks and for each classification shall fix standards of health, education, training and experience, as well as the conduct and manner of taking of competitive examinations for promotion within the division.
II. The colonel of the New Hampshire state police shall not be a classified state employee. Notwithstanding any provision of law to the contrary, the colonel of the New Hampshire state police shall be compensated pursuant to the salary range set forth in RSA 94:1-a at labor grade KK.
III.(a) The executive major of the New Hampshire state police shall be a classified employee who is not represented by an exclusive representative for purposes of collective bargaining. Notwithstanding any provision of law to the contrary, the executive major of the New Hampshire state police shall be compensated on the same wage scale as his or her closest subordinate officers (Scale S416E). The executive major shall be placed on a labor grade which is no less than 2 labor grades greater than the rank of major. The executive major shall be placed at labor grade 35, subject to adjustment.
(b) A state police major shall be a classified employee who is not represented by an exclusive representative for the purposes of collective bargaining. Notwithstanding any provision of law to the contrary, a major of the New Hampshire state police shall be compensated on the same wage scale as his or her closest subordinate officers (Scale S416E). A major shall be placed on a labor grade which is no less than 2 labor grades higher than the rank of captain. A major shall be placed at labor grade 33, subject to adjustment.
3 Effective Date. This act shall take effect 60 days after its passage.
22-3035
Amended 3/14/22
SB 303-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2022-0790s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Turnpike Fund | |||
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METHODOLOGY:
This bill requires the judicial branch to reimburse the sheriff's office at the rate provided in the collective bargaining agreement applicable to per diem court security officers for court security and prisoner custody and control. The bill also revises the labor grade and employment classification for the colonel, executive major, and majors of the state police.
The Judicial Branch indicates in the 2021 legislative session, the obligation to pay sheriffs for prisoner custody and control shifted from the Department of Administrative Services to the Judicial Branch. Under current law (Chapter 91, Laws of 2021- HB2), sheriff reimbursement for court security is currently at the collective bargaining agreement rate, so the proposed amendment to RSA 104:31, XI would not impact payments for court security. With regard to prisoner custody and control, current law does not provide for reimbursement at the collective bargaining rate, so those changes would have a fiscal impact. While the fiscal impact is indeterminate, an estimate can be made based on historical numbers. Based on the current spending projection for FY 2022, the Branch estimates the bill would increase general fund expenditures by $433,000 per fiscal year. In order to account for the uncertainty in the number of transports, the Judicial Branch included an additional 10% uncertainty factor in this estimate. In addition, the estimate does not account for future changes to the collective bargaining agreement, which would likely result in a higher estimate.
The Department of Safety indicates this bill increases the compensation paid to the State Police Colonel from labor grade II to labor grade KK on the unclassified schedule, increases the compensation paid to the State Police Executive Major from labor grade 33 to labor grade 35 on the S416E schedule, and increases the compensation paid to the State Police Majors from labor grade 31 to labor grade 33 on the S416E schedule. The Department compared the existing salaries for current employees to the salary classifications proposed in the bill. Based on this comparison, the Department calculated the following costs including benefits:
Fiscal Year | Salaries | Benefits | Total |
FY 2023 | $25,537 | $9,022 | $34,559 |
FY 2024 | $31,985 | $11,300 | $43,285 |
FY 2025 | $40,128 | $14,177 | $54,305 |
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Judicial Branch and Department of Safety