Revision: April 5, 2023, 2:03 p.m.
Rep. Hoell, Merr. 27
Rep. Prout, Hills. 13
Rep. Comtois, Belk. 7
April 5, 2023
2023-1334h
08/10
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by replacing section 10 with the following:
10 Emergency Powers; Notice; Declaration and Termination of State of Emergency. Amend RSA 4:45, I and II to read as follows:
I. The governor shall have the power to declare a state of emergency, as defined in RSA 21- P:35, VIII, by executive order if the governor finds that a natural, technological, or man-made disaster of major proportions is imminent or has occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. As soon as practicable, the governor shall notify the speaker of the house of representatives and the senate president of the impending issuance of emergency orders under this section and provide a description of such orders. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. An executive order or concurrent resolution declaring a state of emergency shall specify the:
(a) Nature of the emergency;
(b) Political subdivisions or geographic areas subject to the declaration;
(c) Conditions that have brought about the emergency; and
(d) Duration of the state of emergency, if declared by the governor and less than 21 days, or if declared by the general court and less than 90 days.
II.(a) A state of emergency shall terminate automatically 21 days after its declaration if declared by the governor, or 90 days after its declaration if declared by the general court, unless it is renewed under the same procedures set forth in paragraph I of this section. The governor may, by executive order, renew a declaration of a state of emergency [as many times as] no more than 3 times if the governor finds it is necessary to protect the safety and welfare of the inhabitants of this state. The general court may, by concurrent resolution, renew a declaration of a state of emergency as many times as it finds is necessary to protect the safety and welfare of the inhabitants of this state.
(b) If the governor finds that maintaining the state of emergency is no longer justified, the governor shall issue an executive order terminating the state of emergency.
(c) The legislature may terminate a state of emergency or any emergency order issued thereunder by a [majority vote of both the senate and the house of representatives] concurrent resolution adopted by a majority vote of each chamber. A majority for this vote shall consist of a majority of members present and voting in each chamber acting separately. A state of emergency shall terminate upon a [majority vote of both chambers] concurrent resolution adopted by a majority vote of each chamber, under this subparagraph; provided, however, that such vote shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section.
[(d) Ninety days from the date of declaration of a state of emergency, and every 90 days thereafter, the governor shall call, pursuant to Part II, Article 50 of the New Hampshire constitution, and address a joint session of the general court, and shall provide a written copy of the address to all members of both chambers within 5 business days. At such joint session, the legislature shall vote on whether to terminate the state of emergency by concurrent resolution adopted by a simple majority of both chambers acting separately on the following question: "Shall the current state of emergency be terminated?" For purposes of this section, "simple majority" means a majority of members present and voting "yea" in both chambers.]
Amend the bill by deleting sections 43-46.
Amend the bill by replacing section 60 with the following:
60 Appropriation; Department of Administrative Services. There is hereby appropriated to the department of administrative services the sum of $7,205,000 for the fiscal year ending June 30, 2023 for the purpose of purchasing 2 Granite Place, Concord, New Hampshire in order to provide office space for the department of justice and other state agencies, or for any other purpose the commissioner of the department of administrative services determines is necessary, provided that any unexpected amount following the purchase shall lapse to the general fund. The sum appropriated shall not lapse. The governor is authorized to draw a warrant for said sum out of money in the treasury not otherwise appropriated.
Amend the bill by deleting section 135.
Amend the introductory paragraph of RSA 194-F:1, IV and RSA 194-F:1, IV(a) as inserted by section 148 of the bill by replacing it with the following:
VI. “Eligible student” means a resident of this state who, at the time of entrance into the program, is eligible to enroll in a public elementary or secondary school and meets one or more of the following conditions:
(a) Whose annual household income at the time the student applies for the program is less than or equal to 500 percent of the federal poverty guidelines as updated annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. section 9902(2). No income threshold need be met in subsequent years, provided the student otherwise qualifies. Students in the special school district within the department of corrections established in RSA 194:60 shall not be eligible students.
Amend the bill by replacing section 194 with the following:
I. The following sums are appropriated from the following sources for the purposes of salary and compensation adjustments in this act for the fiscal year ending June 30, 2024:
FY 2024
All General Liquor Federal Highway Turnpike Fish and Other
Game
$86,320,900 $29,666,100 $3,394,000 $16,702,000 $9,262,000 $1,826,000 $875,000 $24,595,000
II. The following sums are appropriated from the following sources for the purposes of salary and compensation adjustments in this act for the fiscal year ending June 30, 2025:
FY 2025
All General Liquor Federal Highway Turnpike Fish and Other
Game
$105,311,600 $36,193,600 $4,140,000 $20,377,000 $11,300,000 $2,228,000 $1,067,000 $30,006,000
III. The department of administrative services is authorized to make any rounding adjustments of up to +$.01 per hour as needed to properly process the employee’s payroll within the currently designed human resources/payroll system (NH FIRST).
IV. The governor is authorized to draw a warrant to the general fund portion of said sums out of any money in the treasury not otherwise appropriated.
Amend the bill by deleting section 198.
Amend the bill by inserting after section 447 the following new sections and renumbering the effective date to be the last numbered section.
448 Reductions; University System of New Hampshire. General fund appropriations to the university system of New Hampshire, in account 06-50-50-506010-1855, shall be reduced by $26,700,000 for the fiscal year ending June 30, 2024, and by $32,700,000 for the fiscal year ending June 30, 2025.
449 Reductions; Community College System of New Hampshire. General fund appropriations to the community college system of New Hampshire, in account 06-58-58-580010-5931, shall be reduced by $3,630,000 for the fiscal year ending June 30, 2024, and by $7,530,000 for the fiscal year ending June 30, 2025.
450 Reductions; Department of Education, Building Aid Reduction. General fund appropriations for building aid to the department of education, in account 06-56-56-560010-5137 class 77, shall be reduced by $22,604,728 for the fiscal year ending June 30, 2024, and by $26,132,528 for the fiscal year ending June 30, 2025.
451 Department of Education; School Building Aid; Alternative School Building Aid. Notwithstanding RSA 198:15-a through RSA 198:15-hh and RSA 198:15-u through RSA 198:15-w, the commissioner of the department of education shall issue no school building aid or alternative school building aid for any new project for the biennium ending June 30, 2025.
2023-1334h
AMENDED ANALYSIS
This bill:
1. Revises the authority of the governor and general court to declare, renew, or terminate a state of emergency.
2. Authorizes the department of information technology to fill unfunded positions for the biennium ending June 30, 2025.
3. Broadens the community college system of New Hampshire’s dual and concurrent enrollment program and makes an appropriation therefor.
4. Limits retirement system eligibility for full time community college system employees to only those participating prior to January 1, 2024.
5. Authorizes the liquor commission to transfer funds for its employee incentive program.
6. Establishes new unclassified positions within the department of corrections.
7. Authorizes the department of administrative services to conduct a reallocation of certified corrections officers and internal affairs investigators within the department of corrections and makes an appropriation therefor.
8. Moves positions within the department of corrections from group I to group II status in the New Hampshire retirement system, and removes the position of professional standards director from the department of corrections.
9. Makes certain organizational changes to the office of the commissioner of the department of environmental services.
10. Alters the hearings process within the department of environmental services, for the wetlands council, water council, and air resources council to be under the attorney general.
11. Removes the subsurface systems fund established in RSA 485-A:30, I-b and directs the revenues to the water resources fund.
12. Makes certain changes to, and continuously appropriates, the fees collected for excavating and dredging permits being deposited into the water resources fund.
13. Modifies the wastewater plant operator certification fund to be continuously appropriated.
14. Mandates that applications for aid to municipalities for water pollution control under RSA 486:7 be filed within one year of final completion of the eligible project and makes an appropriation to such program.
15. Clarifies the chargeable area for fees associated with terrain alteration disturbances.
16. Removes certain limitations to the Winnipesaukee River basin control program.
17. Establishes a new chapter regulating PCB assistance, a corresponding fund, and makes an appropriation therefor.
18. Repeals statutes related to the advanced manufacturing education advisory council, membership and terms, duties, and the advanced manufacturing education fund.
19. Creates a computer science and STEM administrator for the department of education.
20. Creates a new chapter for a computer science educator program.
21. Creates the establishment of the bridges house special account.
22. Establishes a fund and appropriations for the New Hampshire state prison administered by the department of corrections.
23. Makes an appropriation for the department of corrections IT infrastructure.
24. Makes an appropriation for the department of administrative services to purchase 2 Granite Place, Concord, New Hampshire.
25. Makes an appropriation for the body-worn and dashboard camera fund.
26. Authorizes the Christa McAuliffe memorial.
27. Establishes a commission on New Hampshire civics.
28. Makes an appropriation for expanding the Teacher of the Year program.
29. Creates the northern border alliance program.
30. Modifies the authority and duties of police employees acting within 25 air miles of the border with Canada.
31. Requires the board of tax and land appeals to have at least one member of board be an attorney admitted to practice in New Hampshire.
32. Adjusts the transition provisions for group II service retirement adopted in 2011 over a 10 year period until 2033, and makes general fund appropriations each year to fund the cost of the benefits.
33. Moves the repeal of the interest and dividends tax from 2027 to 2025.
34. Redirects workers’ compensation funds from the general fund to a department of labor restricted fund and makes changes to the employer insurance carrier reimbursement process.
35. Alters the nomination process to the labor commissioner penalty appeal board.
36. Authorizes the commissioner of labor to adopt administrative rules to facilitate administration and enforcement of family and medical leave insurance.
37. Alters the composition of the workers’ compensation appeal board.
38. Changes the term of office, the process to fill vacancies, and scope of authority of the department of transportation appeals board.
39. Creates an over-length, over-width, and over-height revolving fund credited to the department of transportation.
40. Authorizes highway surveillance for the security of the Little Bay Bridges in Dover and Newington.
41. Alters the definition of prime wetlands and adjacent buffers for state highway rights-of-way. and authorizes the commissioner of transportation to discontinue rights-of-way.
42. Authorizes the department of transportation to charge a credit card use convenience fee for aircraft operating fee transactions.
43. Clarifies the requirements for eligibility for the E-Z Pass transponder road toll discount.
44. Alters the process of the development of the statewide transportation improvement program plan.
45. Alters the process to claim assets which have escheated to the state.
46. Suspends revenue sharing with cities and towns for the biennium ending June 30, 2025.
47. Transfers certain responsibilities of the department of environmental services and the public utilities commission to the department of energy.
48. Directs the department of energy to support offshore wind initiatives.
49. Changes the dates required to submit reports to the department of energy.
50. Increases staff and expenditures at the department of energy.
51. Changes the dates of the quarters for quarterly assessments by the public utilities commission.
52. Enables the commissioner of the department of energy to appoint a general counsel.
53. Removes the statutory fee for record requests from the division of motor vehicles.
54. Allows certain emergency medical care providers to administer Naloxone.
55. Enables the engagement of peer support services following a critical incident or other certain experiences by emergency services providers.
56. Defines what students are eligible for education freedom accounts.
57. Changes the distribution schedule from the education trust fund.
58. Defines episode of treatment in court-ordered placement of children and addresses department of education payment for placement for an episode of treatment.
59. Makes an appropriation to the department of education for the renovation of the Sugar River Valley Regional Technical Center in Newport.
60. Revises the formula for calculating adequate education grants and increases the amount of such funding.
61. Increases chartered public school funding.
62. Repeals the grade 3 statewide education improvement and assessment program data.
63. Provides that appropriations to state agencies for bond insurance and property and casualty insurance shall not be transferred or expended for any other purpose.
64. Provides that funds appropriated for state employee medical and surgical benefits shall be nonlapsing.
65. Clarifies administration of the salary adjustment fund and employee benefit adjustment account.
66. Changes the name of the department of administrative services state budget director to the state budget officer.
67. Provides the department of administrative services authority to bill agencies for planning and design costs associated with capital construction projects.
68. Makes an appropriation to the department of administrative services for technology upgrades.
69. Revises the duties and authority of the state commission on aging.
70. Establishes the salary schedule applicable to certain corrections officers.
71. Authorizes the department of administrative services to expend funds appropriated for additional parking for state employees in downtown Concord.
72. Establishes salaries and salary schedules for certain state officers and unclassified employees.
73. Increases the distribution of business profits and business enterprise tax revenues to the education trust fund.
74. Allows the department of health and human services to fill unfunded positions.
75. Suspends the foster grandparents program.
76. Suspends the congregate housing and services program.
77. Requires the department of health and human services to raise the income eligibility for elderly and adult clients under the social services block grant program.
78. Suspends the provision of direct and indirect graduate medical education payments to hospitals.
79. Suspends catastrophic aid payments to hospitals.
80. Allows for additional funding for Medicaid to schools.
81. Requires submission of health facility plans to the division of fire safety.
82. Amends certain powers and responsibilities of the workplace violence prevention and health care workplace safety commission and suspends state participation in the workplace violence prevention and health care workplace safety commission for the biennium ending June 30, 2025.
83. Establishes unclassified positions in the department of health and human services.
84. Authorizes the carry forward of funds for certain services for the developmentally disabled.
85. Limitations on reimbursement of county funds.
86. Makes appropriations to the department of health and human services for programs and systems.
87. Makes appropriations to the department of health and human services for Medicaid provider rate increases.
88. Repeals the department of business and economic affairs programs for college graduate retention incentive partnership (NH GRIP), COVID-19 micro enterprise relief fund, and the package plan program.
89. Revises the workforce development program administration.
90. Provides for public comment at the semi-annual meetings of the agricultural advisory board.
91. Reclassifies and renames positions in the department of justice to unclassified.
92. Establishes a handling charge for the division of charitable trusts.
93. Makes certain changes to the administration of programs within the department of justice.
94. Provides for continued retirement system administration of certain benefit payments to existing beneficiaries.
95. Increases the business finance authority unified contingent credit limit.
96. Revises or removes the regulation by the office of professional licensure and certification (OPLC) of several of the state’s occupational regulatory boards and commissions.
97. Makes an appropriation to the New Hampshire retirement system to pay down the unfunded accrued liability.
98. Grants a supplemental allowance in 2023 to be paid by the retirement system to retired group II members' or beneficiaries' allowances. The cost of this supplemental allowance is paid from the state general fund.
99. Requires that the governor publicly post the budget trailer bill on the department of administrative services' website.
100. Requires that the department of administrative services provide reports to the general court on the current estimated general fund appropriation lapse for each fiscal year for the biennium ending June 30, 2025.
101. Modifies the state agency approval process for short term rentals of equipment for certain state trails, roads, bridges, and related maintenance and use of facilities.
102. Authorizes the governor to draw a warrant to supplement the department of revenue administration's revenue information management system's bond principal and interest payments.
103. Directs the department of agriculture, markets, and food to employ an electronic data processing system for all registrations under its purview and makes an appropriation therefor.
104. Prohibits the disposal of food waste into landfills under certain conditions, adds a new position of waste management specialist III to cover the new prohibited food waste disposal, and makes an appropriation for such position.
105. Changes the name of the PFAS loan fund to the PFAS response fund, and adds duties to the department of environmental services relative to investigating, testing, and monitoring for PFAS in soil, groundwater, surface water, wastewater, air, biota, and other media.
106. Makes an appropriation to the solid waste management fund and targets food waste reduction and diversion.
107. Requires the liquor commission to submit a revised indirect cost allocation plan to the fiscal committee of the general court and the governor and council prior to closing a liquor store.
108. Establishes the land use review docket in the superior court and increases the amount of associate justices of the superior court to 22.
109. Modifies the department of military affairs and veterans services administration of certain fines and programs.
110. Directs the department of corrections to establish and administer an employee recruitment and retention program.
111. Allows the department of corrections to pay certain burial expenses of employees.
112. Makes an appropriation to the department of safety to develop and implement a system to electronically share an individual’s bail condition status with law enforcement.
113. Requires the state police to establish a contact person notification program to assist law enforcement personnel who have contact with a person with mental or physical disabilities and makes an appropriation therefor.
114. Adds a new position of academic research and improvement performance data analyst I to the department of education.
115. Makes an appropriation to the department of education for the National Student Clearinghouse Student Tracker Program.
116. Requires the department of education to seek participation in the Medicaid direct certification methodology for school meals program for free and reduced price meals for students in public kindergarten, elementary, and secondary schools.
117. Requires the community college system of New Hampshire to submit a report regarding the math learning communities program and makes an appropriation to support that program.
118. Makes an appropriation to the community college system of New Hampshire for the implementation of the New Hampshire promise program.
119. Makes an appropriation to the community college system of New Hampshire to expand its workforce credential programs.
120. Modifies for the biennium the income eligibility for child care subsidies provided through programs administered by the department of health and human services.
121. Authorizes the commissioner of the department of health and human services to use TANF funds to avoid a wait list for employment-related child care services.
122. Requires the department of health and human services to set all child care services reimbursement rates for the biennium to match the 75th percentile of market rate survey.
123. Alters the duties and authority of the prescription drug affordability board, and mandates the department of insurance issue a report on the elimination of governmental redundancies related to the collection, analysis, and reporting on prescription drug prices between itself and the prescription drug affordability board by October 1, 2024.
124. Reestablishes and revises the membership and duties of the commission to evaluate the effectiveness and future of the New Hampshire granite advantage health care program. The commission is repealed November 1, 2028; extends the New Hampshire granite advantage health care program by changing the prospective repeal of the program to December 31, 2027; removes the transfer of funds from the alcohol abuse prevention and treatment fund to the granite advantage health care trust fund; and reduces transfers from the liquor commission to the alcohol abuse prevention and treatment fund for fiscal year 2024.
125. Expands Medicaid to include certain postpartum health care services and makes an appropriation to the department of health and human services for this purpose.
126. Directs the department of health and human services to submit state plan amendments under Medicaid and CHIP to provide coverage to children and pregnant women lawfully residing in the United States, and makes an appropriation to the department of health and human services for this purpose.
127. Directs the department of health and human services to purchase a full body scanner from existing appropriations to the youth services center and authorizes the department to transfer funds among class lines within the Sununu youth services account.
128. Establishes a data privacy and information technology security governance board within the department of health and human services to oversee data privacy risk calculation and risk mitigation efforts, and makes an appropriation to the department for 2 classified employees to accomplish these objectives.
129. Makes an appropriation to the department of health and human services to fund the Merrimack, New Hampshire Kidney Incidence Phase 3 Feasibility Study.
130. Transfers funds from the general fund to the highway fund for the 2023 fiscal year.
131. Establishes the cyanobacteria mitigation loan and grant program and the cyanobacteria mitigation fund and makes an appropriation for the fund.
132. Adds chartered public schools to the procedures for consideration, approval, plan requirements, and determination of grants for school building aid.
133. Increases the eligibility for free school meals to household incomes up to 300 percent of federal poverty guidelines, and provides funding for the additional costs from department of education appropriations.
134. Requires the use of funds from the American Rescue Plan Act of 2021 to construct the youth detention center.
135. Makes reductions to the appropriations for the university system of New Hampshire and the community college system of New Hampshire.
136. Reduces the appropriation for school building aid and prohibits the commissioner of the department of education from issuing school building aid or alternative school building aid for any new project during the biennium.