Revision: April 27, 2023, 8:58 a.m.
Rep. C. McGuire, Merr. 27
April 25, 2023
2023-1502h
06/08
Amendment to SB 74-FN
Amend RSA 21-I:42, III as inserted by section 5 of the bill by replacing it with the following:
III. [Allocating] Assigning the position of every employee in the classified service to one of the classifications in the classification plan.
Amend RSA 21-I:54, I, II, and III as inserted by section 6 of the bill by replacing it with the following:
I. Notwithstanding any provision of law to the contrary, no new position in the classified service for employment of over one calendar year shall be established except upon approval of the governor and council. A request from a department head for additional personnel beyond those considered as line items in the budget as enacted as a budgetary amount, if said employment is for a period in excess of one calendar year, shall be considered a new position requiring the approval as specified in this section. In addition, a request made either to the division of personnel or the governor and council for the reclassification [or reallocation] of positions to a different [class series] occupational group shall be considered as a request for a new position and shall require the approval of the governor and council, except as provided in RSA 21-I:56, IV.
II. The division of personnel shall submit to the general court on or before January 15 of each legislative year a report containing a list of all new positions created subsequent to the report made to the preceding session of the general court giving the reason for the action taken in each case and stating clearly the effect of such action upon the amounts for personnel services appropriated by the preceding general court. The report shall also include a list of all reclassifications [or reallocations] of positions allowed during the previous year by either the director or the personnel appeals board. The report shall state how many employees were affected by each reclassification [or reallocation] and the cost of each reclassification [or reallocation].
III. The director shall make a decision on any request for reclassification [or reallocation] from department heads or position incumbents within 45 days of receipt of a completed request for reclassification or reallocation as defined by rules adopted under RSA 21-I:43, II(u). Except as otherwise provided by law, rule, or bargaining agreement negotiated under the provisions of RSA 273-A, no [increases in salary] changes in compensation shall be allowed for any request until a final decision is made by the director, or if the director's decision is appealed, by the personnel appeals board. [Increases in salary] Changes in compensation due to reclassification [or reallocation] shall become effective at the beginning of the next pay period following the final decision of the director [or the board].
Amend the bill by replacing section 7 with the following:
7 Classification of Review. Amend RSA 21-I:57 to read as follows:
21-I:57 [Allocation] Classification Review. The employee or the department head, or both, affected by the [allocation] classification of a position in a classification plan shall have an opportunity to request a review of that [allocation] classification in accordance with rules adopted by the director under RSA 541-A, provided such request is made within 15 days of the [allocation] classification. If a review is requested by an employee, the director shall contact the employee's department head to determine how the employee's responsibilities and duties relate to the responsibilities and duties of similar positions throughout the state. The employee or department head, or both, shall have the right to appeal the director's decision to the personnel appeals board in accordance with rules adopted by the board under RSA 541-A. If the board determines that an individual is not properly classified in accordance with the classification plan or the director's rules, it shall issue an order requiring the director to make a correction.
Amend the bill by replacing section 9 with the following:
9 New Paragraphs; Terms Defined. Amend RSA 98-A:1 by inserting after paragraph V the following new paragraphs:
VI. "Temporary position" shall mean a position approved by the director of personnel that is either a full-time or part-time position expected to last for a limited duration.
VII. "Permanent position" shall mean a full-time position lasting more than 12 months that is authorized by the legislature and whose classification title is approved by the director of personnel.
VIII. "Seasonal position" shall mean a full-time or part-time position, the need for which may reasonably be anticipated as likely to recur each year for a varying period of months.
Amend the bill by replacing all after section 10 with the following:
11 Temporary, Seasonal and Part-Time Employees. Amend RSA 98-A:3 to read as follows:
98-A:3 Position Made Permanent. Any person [appointed under] serving in a temporary [appointment] position or any person [appointed under] serving in a seasonal [appointment] position who works the equivalent of 6 months or more, not necessarily consecutively, in any 12-month period shall be deemed to be respectively a permanent temporary employee or a permanent seasonal employee and entitled to all the rights and benefits of a permanent employee in the classified service of the state.
12 Working on a Part-Time Basis. Amend RSA 98-A:6 to read as follows:
98-A:6 Working on a Part-Time Basis. An individual working on a part-time basis shall not be eligible to utilize either sick or annual leave but at each anniversary of employment should the total working time during the preceding year amount to the equivalent of [6 months or more he or she] an amount of time specified in the applicable collective bargaining agreement and the personnel rules, they shall be paid all accumulated annual leave not in excess of that which may be allowed in rules adopted by the division of personnel.
13 Health and Dental Benefits. Amend RSA 98-A:6-d to read as follows:
98-A:6-d Health and Dental Benefits. Any individual employed in state service [under] in a temporary or seasonal [appointment] position, as defined in this chapter, who has not been deemed permanent and whose employment calls for 30 hours or more work in a normal calendar week, but whose position is not anticipated to have a duration of 6 months or more, shall be entitled to elect to participate at [his or her] their own expense in the group health and dental insurance plans afforded full-time state employees. The costs of health and dental benefits which any such individual elects to receive pursuant to this section shall be withheld from such individual's salary as a payroll deduction. The department of administrative services shall be authorized to invoice the individual for any amounts not paid through a payroll deduction.
14 Salary Schedules. Amend RSA 99:1-a to read as follows:
99:1-a [Salary] Pay Schedules. The department of administrative services shall develop and implement a compensation structure for the executive branch. [such salary] It shall implement pay schedules within such structure as authorized by collective bargaining agreements between the state and an employee organization and subject to appropriation. The department shall apply the appropriate [salary] pay schedules to all unrepresented employees. The department shall post base [salary] pay schedules on its public Internet website. The department shall also apply the appropriate pay and benefits authorized by collective bargaining agreements between the state and an employee organization to all unrepresented employees aligned with such employee organization.
15 Attendants. Amend RSA 99:3-a to read as follows:
99:3-a Attendants. Employees in the several attendant classifications within state institutions who have successfully completed an in-service training program approved by the personnel commission shall receive a [one-salary] one-step grade increase to a new classification of psychiatric aide.
16 Salary Adjustment Fund. Amend RSA 99:4 to read as follows:
99:4 [Salary] Pay Adjustment Fund. Whereas the appropriations for personal services in state departments and institutions include an annual increment for each position, and whereas upon occasion due to vacancies and personnel turnover, [salaries] pay, increment increases and longevity as provided by the appropriations are not needed for said positions, each quarter the department of administrative services shall transfer said amount from the departmental or institutional appropriation to a special account to be known as the [salary] pay adjustment fund. This fund shall lapse at the end of each fiscal year and revert to the appropriate fund. Under no circumstances will this fund be used for temporary positions or new positions. Upon the certification of the director of personnel, subject to the approval of governor and council, the [salary] pay adjustment fund shall be available for transfer to departments and institutions in amounts that are deemed necessary to comply with RSA 98.
17 Salary Adjustment. Amend RSA 99:4-a to read as follows:
99:4-a [Salary] Pay Adjustment. In the event [the authority granted to the director of the department of data processing by RSA 8-C:7 to increase the salary for a classified position in order to recruit personnel is exercised] the director of personnel has approved beginning compensation at a step higher than the minimum step for original appointments of employees at an agency, the appointing authority for that agency may file a written request to the director of personnel that the [salaries] pay of all classified personnel in the same classification [may] be increased [by the director of personnel] to the same amount if the director of personnel determines that such approvals for new hires will result in difficulties with retention of similarly situated current employees. Any such retention step increase shall be subject to collective bargaining requirements pursuant to RSA 273-A. A request for any such retention-based step increases shall specify the group of employees to which the proposed increase shall apply, and shall include all similarly situated current employees within an agency, division, or bureau, taking into consideration job title, scope of duties, and physical work location. Any increase so made shall be a charge against the [salary] pay adjustment fund or if the department in which the position occurs is financed by a special fund, such increase shall be a charge against such special fund. Any step increase granted under this section shall not change the anniversary date of employees receiving the increase.
18 Certain Legislative Salary Increases. Amend RSA 99:4-b to read as follows:
99:4-b Certain Legislative [Salary] Pay Increases. The amount of all [salary] pay increases granted to the legislative budget assistant, the director of legislative services, or to any employee of either or both offices shall be a charge against the [salary] pay adjustment fund.
19 Military Service. Amend RSA 99:6 to read as follows:
99:6 Military Service. Any person who has left state service to enter the armed forces of the United States [in World War I or World War II] in accordance with USERRA, and who, upon termination of such honorable military service, returned to state service without employment elsewhere may count [the] that time [so] spent in such military service as continuous state service to obtain benefits provided under RSA 94:4 and 99:5.
20 Increases for Recruitment Purposes. Amend RSA 99:8 to read as follows:
99:8 Increases for Recruitment Purposes. Upon request of the appointing authority, the governor and council are hereby authorized and empowered, notwithstanding any other provisions of the law to the contrary, upon a finding by them and a recommendation from the director of personnel that a [substantial number of vacancies exist in any class of authorized positions which vacancies require] an increase in [salaries] pay is needed for successful recruitment of qualified personnel in any job title therefor, to increase [salaries] pay of such classified positions, any such increases to be a charge against the [salary] pay adjustment fund.
21 N.H. State Prison and N.H. Hospital. Amend RSA 99:10 to read as follows:
99:10 N.H. State Prison and N.H. Hospital. Classified employees at the state prison and the New Hampshire hospital who are continuously exposed to inmates or forensic patients daily in the normal course of their duties shall be paid, in addition to their regular salary, hazardous duty pay in the amount of $25 per week unless otherwise collectively bargained. The appointing authorities at the department of corrections may recommend that an employee receive hazardous duty pay, subject to final approval by the director of personnel.
22 Differentials; Direct Care Employees. Amend RSA 99:11, II to read as follows:
99:11 Differentials; Direct Care Employees.
II. Any direct care employee of the Laconia developmental services, certified capable of administering medication under RSA 326-B:17, VII, shall receive a salary increase [of one grade in the salary scale] while authorized by the superintendent to administer medication.
III. The appointing authority at the department of health and human services and the New Hampshire Veterans Home may recommend that an employee receive a direct care pay differential, subject to final approval by the director of personnel.
23 Repeal. The following are repealed:
I. RSA 21-I:55, relative to department of administrative services, exception, and department of transportation.
II. RSA 98-A:4, relative to retroactive accumulation.
III. RSA 98-A:7, relative to temporary, seasonal and part-time state employees application of statute.
IV. RSA 99:9, I and II, relative to adjustment of salaries of classified state employees.
V. RSA 99:12, relative to salary increases for nurses.
VI. RSA 99:13, relative to overtime for nurses at certain institutions.
VII. RSA 21-I:30, I, relative to medical and surgical benefits, is repealed.
24 Effective Date. This act shall take effect 60 days after its passage.