SB 508-FN - VERSION ADOPTED BY BOTH BODIES
9May2024... 1728h
06/13/2024 2355EBA
2024 SESSION
24-2914
09/06
SENATE BILL 508-FN
SPONSORS: Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. D'Allesandro, Dist 20; Sen. Fenton, Dist 10; Sen. Altschiller, Dist 24; Sen. Prentiss, Dist 5; Sen. Carson, Dist 14; Sen. Chandley, Dist 11; Rep. Wheeler, Hills. 33
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill requires the superintendent of the county department of corrections to require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder and to, where such providers exist, permit licensed community-based treatment providers and certified recovery support workers who meet the security criteria for access to the facility to have contact with people in custody for the purpose of coordinating services upon reentry into the community.
This bill further defines antisemitism for the purpose of enforcing anti-discrimination laws on the basis of race, religion, or national origin.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9May2024... 1728h
06/13/2024 2355EBA 24-2914
09/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; County Departments of Corrections; Administration of Department of Corrections; Superintendent; General Duties and Powers. Amend RSA 30-B:4 by inserting after paragraph VI the following new paragraphs:
VII. The superintendent of the county department of corrections shall require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder.
VIII. The superintendent of the county department of corrections shall, where such providers exist and meet the security criteria for access to the facility, permit licensed community-based treatment providers and certified recovery support workers certified pursuant to RSA 330-C:19 to have contact with people in custody for the purpose of coordinating services upon reentry into the community.
2 New Subdivision; State Commission for Human Rights; Application and Enforcement of Anti-Discrimination Laws; Definition of Antisemitism. Amend RSA 354-A by inserting after section 34 the following new subdivision:
Definition of Antisemitism in Anti-Discrimination Laws
354-A:35 Definition of Antisemitism. For purposes of this subdivision, the term “antisemitism" means the definition of antisemitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance (IHRA), including the examples of antisemitism set forth therein, and incorporated by reference in Presidential Executive Order Number 13899, 84 F.R. 68779, December 11, 2019.
354-A:36 Rule of Construction for Anti-discrimination Laws.
I. In reviewing, investigating, or determining whether there has been a violation of this chapter, RSA 651:6, I(f), or any law or regulation in the state of New Hampshire that prohibits discrimination on the basis of race, religion, creed, or national origin, and there is an allegation that the discriminatory conduct or practice targeted a group or an individual based on any actual or perceived connection to any aspect of Jewish identity, the relevant authorities charged with enforcing the relevant anti-discrimination statutes shall take into consideration the definition of antisemitism as part of the assessment of whether the alleged unlawful conduct or practice was motivated by antisemitic intent.
354-A:37 Applicability.
I. Nothing in this subdivision shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or Pt. I, Art. 22 of the constitution of the state of New Hampshire.
II. Nothing in this subdivision shall be construed to diminish or infringe upon an individual's right to engage in legally protected conduct or expressive activity pertaining to any matter of United States foreign policy or international affairs.
III. Nothing in this subdivision shall be construed to conflict with local, federal, or state discrimination laws.
IV. Nothing in this subdivision shall be construed to alter the evidentiary requirements pursuant to which an agency or department makes a determination that conduct, including harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights protected under any other provision of law.
V. Nothing in this subdivision shall be construed to impair or otherwise affect the authority granted by law to a department or agency.
VI. This subdivision is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state, its departments, agencies, or entities, its officers, employees, or agents.
354-A:38 Departmental Compliance. For the purposes of complying with this subdivision, with regard to any governmental anti-discrimination training, education, or monitoring requirements enforcing anti-discrimination laws that protect against discrimination on the basis of race, religion, or national origin, the heads of each agency or department shall include the definition of antisemitism in all relevant materials and modules dealing with discrimination and tolerance on the basis of race, religion, or national origin.
3 New Paragraphs; County Departments of Corrections; Administration of Department of Corrections; Superintendent; General Duties and Powers. Amend RSA 30-B:4 by inserting after paragraph VII the following new paragraphs:
VIII. The superintendent of the county department of corrections shall require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder.
IX. The superintendent of the county department of corrections shall, where such providers exist and meet the security criteria for access to the facility, permit licensed community-based treatment providers and certified recovery support workers certified pursuant to RSA 330-C:19 to have contact with people in custody for the purpose of coordinating services upon reentry into the community.
4 Contingency. If HB 596 of the 2024 regular legislative session becomes law, section 1 of this act shall not take effect and section 3 of this act shall take effect January 1, 2025. If HB 596 of the 2024 regular legislative session does not become law, section 1 of this act shall take effect January 1, 2025 and section 3 of this act shall not take effect.
I. Sections 1 and 3 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect January 1, 2025.
24-2914
Amended 5/22/24
SB 508-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-1728h)
FISCAL IMPACT: [ ] State [ X ] County [ ] Local [ ] None
| ||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 |
County Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
County Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill requires the superintendent of the County Department of Corrections to require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder and to, where such providers exist, permit licensed community based treatment providers who meet the security criteria for access to the facility to have contact with people in custody for the purpose of coordinating services upon reentry into the community. Additionally, the bill further defines antisemitism for the purpose of enforcing anti-discrimination laws on the basis of race, religion, or national origin. The expansion of the anti-discrimination laws has no fiscal impact on state, county and local expenditures or revenue.
The New Hampshire Association of Counties states they are unable to predict the fiscal impact for the new requirements for the County Department of Corrections due to uncertainties about provider participation, potential cost hikes, and unclear funding for service coordination, leading to unknown increases in county expenses from FY 2025 onward.
AGENCIES CONTACTED:
New Hampshire Association of Counties
| Date | Amendment |
|---|---|
| April 25, 2024 | 2024-1645h |
| May 1, 2024 | 2024-1728h |
| July 10, 2024 | 2024-2355EBA |
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2024 | Senate | Hearing |
| March 8, 2024 | Senate | Floor Vote |
| March 7, 2024 | Senate | Floor Vote |
| April 4, 2024 | Senate | Floor Vote |
| April 19, 2024 | House | Hearing |
| April 19, 2024 | House | Exec Session |
| April 24, 2024 | House | Hearing |
| April 24, 2024 | House | Exec Session |
| May 1, 2024 | House | Hearing |
| May 1, 2024 | House | Exec Session |
| May 1, 2024 | House | Floor Vote |
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16
July 23, 2024: Enrolled Bill Amendment # 2024-2355e: AA VV (in recess of) 06/13/2024 HJ 16
July 10, 2024: Enrolled Bill Amendment # 2024-2355e Adopted, VV, (In recess of 06/13/2024); SJ 18
July 10, 2024: Enrolled Bill Amendment # 2024-2355e Adopted, VV, (In recess of 06/13/2024); SJ 18
July 23, 2024: Enrolled Bill Amendment # 2024-2355e: AA VV (in recess of) 06/13/2024 HJ 16
May 30, 2024: Sen. Carson Moved to Concur with the House Amendment, MA, VV; 05/30/2024; SJ 16
May 9, 2024: Ought to Pass with Amendment 2024-1728h: MA DV 210-143 05/09/2024 HJ 13 P. 73
May 9, 2024: Lay SB508 on Table (Rep. Read): MF DV 168-186 05/09/2024 HJ 13 P. 73
May 9, 2024: Amendment # 2024-1728h: AA RC 189-160 05/09/2024 HJ 13 P. 70
May 8, 2024: Removed from Consent (Reps. Ankarberg, Granger, Read, T. Mannion, Bickford, Santonastaso, Popovici-Muller, Coulon, Wheeler, Bailey) 05/08/2024 HJ 12 P. 2
May 2, 2024: Committee Report: Ought to Pass with Amendment # 2024-1728h 05/01/2024 (Vote 19-1; CC)
April 25, 2024: ==CONTINUED== Executive Session: 05/01/2024 01:00 pm LOB 202-204
April 25, 2024: Public Hearing on non-germane Amendment # 2024-1645h: 05/01/2024 11:00 am LOB 202-204
April 16, 2024: ==RECESSED== Executive Session: 04/24/2024 11:00 am LOB 202-204
April 16, 2024: Public Hearing: 04/24/2024 10:00 am LOB 202-204
April 11, 2024: ==CANCELLED== Executive Session: 04/19/2024 01:00 pm LOB 202-204
April 11, 2024: ==CANCELLED== Public Hearing: 04/19/2024 11:00 am LOB 202-204
April 10, 2024: Introduced (in recess of) 03/28/2024 and referred to Criminal Justice and Public Safety HJ 10 P. 228
April 5, 2024: Ought to Pass: MA, VV; OT3rdg; 04/05/2024; SJ 8
March 21, 2024: Committee Report: Ought to Pass, 04/05/2024, Vote 7-0; SC 13
March 7, 2024: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 03/07/2024; SJ 6
Feb. 27, 2024: Committee Report: Ought to Pass, 03/07/2024, Vote 5-0; SC 9A
Feb. 26, 2024: Committee Report: Ought to Pass, 03/07/2024, Vote 5-0; SC 9A
Jan. 10, 2024: Hearing: 01/18/2024, Room 100, SH, 01:45 pm; SC 3
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1