CHAPTER 141
HB 2-FN-A-LOCAL - FINAL VERSION
10Apr2025... 1488h
10Apr2025... 1529h
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10Apr2025... 1526h
10Apr2025... 1560h
10Apr2025... 1499h
10Apr2025... 1523h
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06/05/2025 2637s
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06/05/2025 2697s
06/05/2025 2705s
26Jun2025... 2871CofC
26Jun2025... 2900EBA
2025 SESSION
25-1170
08/05
HOUSE BILL 2-FN-A-LOCAL
AN ACT relative to state fees, funds, revenues, and expenditures.
SPONSORS: Rep. Weyler, Rock. 14; Rep. D. McGuire, Merr. 14; Rep. Erf, Hills. 28; Rep. Edwards, Rock. 31
COMMITTEE: Finance
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AMENDED ANALYSIS
This bill:
1. Adds new definitions to the endangered species conservation act.
2. Requires the department of environmental services to adopt rules and review procedures such that actions of state agencies do not jeopardize the existence or habitats of species protected under the endangered species conservation act.
3. Establishes an environmental scientist position within the department of environmental services to ensure that state agencies do not jeopardize the existence or habitats of species protected under the endangered species conservation act.
4. Requires that rules established by the executive director of the fish and game department establish an administrative fee that the executive director may collect from payments made to the threatened and endangered species compensatory mitigation fund.
5. Requires the department of environmental services to adopt rules regarding when mitigation payments to the threatened and endangered species compensatory mitigation fund must be made.
6. Modifies the definition of “environmental review” as it relates to native plant protection.
7. Requires the department of environmental services to build and maintain a database for providing environmental reviews and cataloging protected species for the purpose of assisting state agencies and departments that require environmental reviews.
8. Requires the department of environmental services to adopt rules to establish a process for requesting a screening and environmental review process.
9. Prevents the commissioner of the department of natural and cultural resources from charging a fee for screening department records for instances of protected species or environmental reviews.
10. Prevents the commissioner of the department of natural and cultural resources from using money collected under the natural heritage bureau fund to conduct environmental reviews.
11. Defines “boathouse” and “structural height” in the context of fill and dredge in wetlands statutes.
12. Raises the fees associated with shoreline terrain alteration applications and raising fees annually to coincide with inflation.
13. Prevents the department of environmental services from issuing 40-day extension periods on excavation or dredging permit applications.
14. Establishes fees for applications for terrain alteration and requires the department of environmental services to adopt rules to establish a permit by notification for certain projects with plans encompassing an area less than 150,000 square feet.
15. Establishes structural requirements for existing and new boathouses located over public waters and penalties for violation thereof.
16. Defines "eligible student" for the purposes of enrollment in the education freedom account program and adds definitions for "priority guidelines" and "enrollment cap."
17. Requires scholarship organizations to accept and approve education freedom account applications on a rolling basis and sets an enrollment cap, excepting out priority guideline students from the cap.
18. Establishes an elderly, disabled, blind, and deaf exemption reimbursement fund.
19. Authorizes the creation of a centralized voluntary statewide self-exclusion database for all forms of legal gambling in New Hampshire.
20. Changes the name of the state lottery commission to the state lottery and gaming commission.
21. Allows the operation of video lottery terminals and high-stakes tournaments.
22. Authorizes the substance abuse enforcement program to make grants available for law enforcement agencies in Coos, Grafton, Carroll, and Sullivan counties for the costs for hiring additional officers to carry out law enforcement activities aimed at preventing or reducing opioid-related deaths and harms.
23. Repeals the requirement that the board of tax and land appeals have at least one review appraiser on staff.
24. Establishes the division of planning and community development in the department of business and economic affairs.
25. Updates references to the state workforce innovation fund administered by the department of business and economic affairs and the statute authorizing state workforce innovation grants for job training through the department of economic security.
26. Extends the time period for which members of the state commission on aging may serve; directs the commission on aging to establish an advisory council on the system of care for healthy aging in New Hampshire; and establishes the New Hampshire commission on aging fund and makes an appropriation to the fund.
27. Provides budget transfer authority to the department of corrections.
28. Makes an appropriation to the department of health and human services from the opioid abatement trust fund for the purpose of providing year-round emergency shelter services to individuals with an opioid use disorder.
29. Extends the prospective repeals for exemption from certain transfer procedures and certain eligibility criteria for mental health services.
30. Suspends graduate medical eligibility payments for the biennium.
31. Directs the department of health and human services to submit a Medicaid state plan amendment to suspend catastrophic aid payments to hospitals for the biennium.
32. Categorizes certain funding appropriated to the department of health and human services as restricted revenue and authorizes the department to accept and expend federal funds for that purpose.
33. Appropriates funds to the department of health and human services for the purpose of funding the WIC farmers' market nutrition program.
34. Permits the department of health and human services to accept gifts for the benefit of the department.
35. Establishes certain unclassified positions within the department of health and human services.
36. Makes an appropriation to the department of health and human services for congregate housing.
37. Revises the appointment procedure for certain unclassified positions in the department of health and human services and repeals a mental health medical supervisor position.
38. Revises criteria for pharmacists filling name brand and generic drug prescriptions under the Medicaid program.
39. Allows the department of health and human services' chief medical officer to place standing orders for certain Medicaid covered over-the-counter (non-legend) medications, medical supplies, and laboratory tests.
40. Limits the developmental services pilot program for young adults to current enrollees and makes an appropriation therefor.
41. Extends the effective date for expanded access to court-appointed counsel for children in dependency proceedings.
42. Directs the department of health and human services to file an amendment to the state Medicaid plan regarding prescription drug copayments.
43. Directs the department of health and human services to file no more than one Medicaid rate filing with the CMS in each fiscal year of the biennium.
44. Directs the department of health and human services to file a Medicaid waiver and state plan amendment to institute premiums based on income for individuals participating in the granite advantage health care program.
45. Directs the department of health and human services to file a Medicaid waiver and state plan amendment to institute premiums based on income for households with children participating in the Medicaid program.
46. Requires the department of health and human services to submit a report regarding its success in collecting certain premiums.
47. Directs the department of health and human services to restore income verification for Medicaid redetermination to pre-public health emergency income verification standards.
48. Authorizes an additional appropriation to department of health and human services if such funds are required to prevent a waitlist for child care scholarships.
49. Amends the title of certain positions in the department of information technology.
50. Revises the organizational structure of the bureaus within the department of justice, division of legal counsel.
51. Provides for payment of special education costs associated with out of home placements, grants from the public school infrastructure fund, and department of education operating costs from the education trust fund.
52. Clarifies the means of calculating average daily membership in attendance for the Virtual Learning Academy Charter School.
53. Authorizes the state board of education to modify determinations of education adequacy grant amounts.
54. Changes the process through which counsel for indigent defendants may apply for reimbursement for services necessary to an adequate defense.
55. Establishes the wage claim settlement fund.
56. Changes the number of members on the workers’ compensation appeals board and makes changes in the proceedings.
57. Implements a fee for unit owners to obtain a certificate of successful inspection of an elevator or accessibility lift.
58. Provides that a civil penalty of greater than $2,500 for violations of certain unfair labor practices may be levied only if specifically authorized by law and allows the imposition of civil penalties for violations of workers compensation laws and youth labor laws.
59. Provides that the funds in accounting unit 1051 shall not lapse until June 30, 2027.
60. Lapses certain unspent funds appropriated to the fire safety administration to the fire standards and training and emergency medical services fund.
61. Allows the director of the division of motor vehicles to authorize certain actions regarding a fictitious, facsimile or simulated license to drive a motor vehicle.
62. Allows the department of safety to disseminate driver history records to federal entities or their authorized agents in certain circumstances.
63. Designates the hazardous materials incident response coordinator as group II retirement-eligible during full-time service.
64. Clarifies the division of fire standards and training and emergency medical services policy regarding the use of properly equipped vehicles to transport sick or injured individuals; removes a reference to licensing of wheelchair vans and emergency medical dispatchers by the division; and repeals a requirement that the division establish an emergency communications network as such responsibility is handled by other state entities.
65. Makes membership in the retirement system optional for the department of safety's chief of policy and planning.
66. Repeals the Benjamin Thompson trust fund.
67. Prevents the lapse of two revolving fund class lines in the operating budget.
68. Suspends revenue sharing with cities and towns under RSA 31-A.
69. Repeals certain wastewater state aid grants.
70. Further specifies information required for well monitoring reports.
71. Eliminates certain fees for the construction of sewerage systems.
72. Repeals the aquatic invasive species decal.
73. Allows the department of environmental services to accept an easement from the abutting property owners of all rights necessary for access, and to store equipment during repair, reconstruction, maintaining, and operation of Pequawket Dam, Horn Pond Dam, and Souhegan Site #35 for the consideration of $1.
74. Expands the type of educational degree a person may have to serve as a division director for the department of environmental services.
75. Varies the types of experience in public health members of the air resources council may have.
76. Reconfigures some criteria to serve on the waste management council.
77. Reconfigures some criteria to serve on the water council and the wetlands council.
78. Increases dam registration fees and sewage disposal fees.
79. Allows all such moneys in excess of $100,000 made available, after designation by the governor and council, to be expended by the proper persons or agencies in the state government only with the prior approval of the joint legislative fiscal committee.
80. In certain circumstances, allows every department as defined in RSA 9:1 to transfer funds within and among all accounting units within said department, with the approval of the commissioner of the department of administrative service.
81. Allows the governor to accept public funds, gifts, grants, donations or any other source of funds, for the care, maintenance, repair of, and additions to, the bridges house.
82. Changes the duties of the capital project overview committee to capital projects instead of capital budget projects.
83. Provides for the continual and non-lapsing surplus distribution section administrative assessments fund.
84. Allows state agencies to use funds in appropriate budget classes to pay any penalties, fines, interest or other costs imposed on the state of New Hampshire by the NH retirement system or by the IRS after exhausting any relevant appeal process.
85. Increases the maximum ticket price for lottery drawings.
86. Delineates the criteria for distribution and transfers of certain tax revenues and other fund proceeds.
87. Lapses funds for continued operation of the Cannon Mountain tramway.
88. Adds an additional one percent to the annual increase on the cap on county billings for each year of the biennium ending June 30, 2027.
89. Requires the state comptroller to notify the fiscal committee and the governor if there is a general fund operating budget deficit at the close of fiscal year 2025 and to request approval to transfer funds from the revenue stabilization reserve account.
90. Establishes a renewable energy fund and sets standards governing its use.
91. Transfers authority for the appointment of certain inspectors from the office of professional licensure and certification to the department of safety.
92. Makes various changes regarding the regulation of barbering, cosmetology, esthetics, and related shops and schools.
93. Increases fees for assorted pesticide product applications, registrations, licenses, and permits.
94. Increases fees for assorted agricultural-services product applications, registrations, licenses, and permits.
95. Increasing fees relative to certain agricultural product permits, goods, and licenses.
96. Changes the weights and measures device license fees and requires certain registered service agencies to pay a $250 registration fee.
97. Increases certain registration and construction/reconstruction fees for dams.
98. Increases the import fee for automotive oil.
99. Raises fees for the hazardous waste generator self-certification program.
100. Increases fees for certain hazardous waste generators.
101. Creates a solid waste disposal surcharge at landfills, incinerators, and waste-to-energy facilities and creates civil penalties for violations of solid waste management fund statutes.
102. Increases the fee for the application for initial or renewal of a hazardous waste coordinators certification.
103. Increases the boat decal fee.
104. Raises the per diem rate for the public employee labor relations board.
105. Eliminates mandatory surcharges for civil case filings and allows the supreme court to establish rules regarding equitable fee schedules for imposed fines and service charges on credit card payments.
106. Adds a requirement that until the Sununu Youth Services Center is relinquished, the department of administrative services shall request an appropriation, subject to the approval from the fiscal committee and the governor and executive council, funds necessary to maintain the property.
107. Allows general or federal discretionary funds to be used to support activities and infrastructure at a facility that replaces the Sununu Youth Services Center.
108. Makes appropriations to the youth development center settlement fund. Sets aside $10 million pursuant to the state's settlement agreement with plaintiff Michael Gilpatrick in Michael Gilpatrick v. N.H. D.H.H.S, et al.
109. Creates tax credits for donations made to the granite patron of the arts fund.
110. Replaces the state art fund with the granite patron of the arts fund.
111. Establishes limitations on the percentages of grant-in-aid funds administered by the department of natural and cultural resources, division of parks and recreation, bureau of trails, and the rivers council for the development and maintenance of OHRV (off-highway recreational vehicle) trails on private, municipal, state, or federal lands.
112. Includes operations and initiatives of the Hampton Beach commission as permissible expenses to be paid from the Hampton Beach master plan fund.
113. Authorizes the state treasurer to appoint assistant state treasurers.
114. Transfers any uncommitted moneys from the governor's scholarship fund to the general fund.
115. Requires the child advocate to provide non-partisan information; clarifies procedures for the child advocate's nomination, interim replacement, and out-of-state travel expenses; and authorizes additional funding for staffing costs with the approval of the fiscal committee.
116. Allows any magistrate appointed before January 31, 2025, to continue to exercise the duties of a magistrate until the end of their term of employment, but no later than January 1, 2030, provided that such magistrate shall not conduct bail hearings or make bail determinations.
117. Creates the office of state and public sector labor relations.
118. Repeals the repeal of certain provisions related to the right-to-know ombudsman and administratively attaches the ombudsman to the office of state and public sector labor relations.
119. Creates the "partners in housing" program, an initiative under the housing champions fund to assist municipalities, counties, and developers in building modestly priced housing on municipally or county-owned land that is suitable for development.
120. Abolishes the repayment requirement and recoupment procedures for indigent criminal defendants who are appointed counsel.
121. Changes the calculation of costs of an opportunity for an adequate education, extraordinary need grants, and determination of education grants.
122. Establishes fiscal capacity disparity aid grants.
123. Requires schools to use the state's assessment portal when implementing the competency assessment of United States government and civics.
124. Lapses funding appropriated to computer science professional development.
125. Amends various motor vehicle fees.
126. Increases the vanity plate service and renewal fees to $60.
127. Require nonresident drivers who establish residency in New Hampshire to notify the department of safety if they then cease to become residents within 60 days, or if their out of state driver's license expires or is relinquished.
128. Specifies when the division of motor vehicles shall send certain violation notices.
129. Allows the department of state to identify voter records with out-of-state driver's license information where the record cannot be matched to an in-state driver's license.
130. Amends the standards governing vehicle inspections including exemption certain issues from triggering failed inspections.
131. Requires the department of environmental services to submit amendments to the state implementation plan that reduces the scope of the emissions testing program by January 1, 2026
132. Requiring public-private transportation partnership agreements utilizing state or federal funds to be approved in the 10-year transportation plan and directing that state revenue and proceeds obtained from any partnership be credited to the department of transportation.
133. Allows the fish and game department to conduct raffles, increases the fisheries habitat fee, and directs certain moneys into the fish and game fund.
134. Clarifies group II membership for certain positions with the division of fire safety.
135. Removes the requirement to get approval from the fiscal committee of the general court for public school infrastructure grants.
136. Allows the state board of education to use office of legislative budget assistant audits to satisfy statutory audit and reporting requirements.
137. Removes the requirement that catastrophic special education funds be prorated among the school districts entitled to such aid and requires that disbursements for special education to a school district shall be at least 80 percent of the district’s entitlement in the fiscal year.
138. Amends the appropriation regarding special education aid.
139. Allocates certain monies from assessments collected under the excellence in higher education endowment trust fund to the general fund.
140. Directs the department of health and human services not to use general funds to enroll any new participants into the state loan repayment program or the biennium ending June 30, 2027.
141. Requires the department of health and human services to include references to the patients' bill of rights in contracts and contract addenda.
142. Increases the cap on county reimbursement for nursing home services for fiscal years 2026 and 2027; and makes additional payments to counties as reimbursement for overpayment of certain nursing home costs in fiscal years 2020 and 2021.
143. Suspends for the biennium the reimbursements to the foster grandparent program through the senior volunteer grant program.
144. Renames the governor's commission on alcohol and drug abuse, prevention, treatment, and recovery to the governor's commission on addiction, treatment, and prevention.
145. Renames the alcohol abuse prevention and treatment fund to the addiction, treatment, and prevention fund.
146. Expands the governor's commission on addiction, treatment, and prevention's purview to include problem gambling prevention.
147. Defines "harm reduction" with respect to addiction, treatment, and prevention.
148. Repeals the council for responsible gambling.
149. Requires the department of health and human services to accelerate the implementation of home dialysis.
150. Removes the reallocation of unused funds education freedom account funds to help fund other education freedom accounts.
151. Requires with the availability of sufficient federal funding, the department of health and human services to establish and administer statewide access points for delivery of substance use services and support.
152. Requires the commissioner of the department of health and human services to submit a report to the general court that contains a clinical and financial research study concerning adult dental benefits.
153 Provides for deposit of revenue from premiums received from granite advantage health care program enrollees in the granite advantage health care trust fund.
154 Directs the department of health and human services to rename the office of health equity as the office of health access and directs the office to comply with the hiring freeze in Executive Order 2025-02 for the biennium ending June 30, 2027.
155. Provides for the termination of the Medicaid to schools program under certain circumstances.
156. Extends a prior appropriation to the department of health and human services for administration of a substance use disorder recovery initiative by Granite United Way.
157. Mandates that the department of health and human services seek all available Title IV-E, Administration for Children and Families funds to maximize benefits for children in its care.
158. Directs the department of health and human services to serve every person with equal dignity and respect and to not contract with or pay vendors who fail to serve every person with equal dignity and respect.
159. Repeals the prescription drug affordability board.
160. Removes the department of health and human services' executive director as a role on the prescription drug affordability board.
161. Directs the department of health and human services to use TANF funds to cover any shortfall in funding for employment-related child care services in order to prevent a waitlist.
162. Directs the department of health and human services to seek to implement an outpatient procedure incentive program under Medicaid managed care, to encourage Medicaid beneficiaries to choose to receive outpatient procedures, including ambulatory surgical care, from the lower cost provider when clinically appropriate.
163. Requires the sale of the Tirrell House property in Manchester, New Hampshire.
164. Requires the sale of the Anna Philbrook Center in Concord, NH.
165. Requires the subdivision and sale of portions of the Hampstead Hospital property in Hampstead, New Hampshire, excluding those portions used as the replacement facility for the Sununu Youth Services Center and Hampstead Hospital and Residential Treatment Facility, and those used for any state operations.
166. Delays the June 2027 capitation payments to Medicaid managed care organizations until fiscal year 2028 and directs the department of health and human services to use the resulting savings to reduce department appropriations by a specified amount for the fiscal year ending June 30, 2027.
167. Requires the governor to increase state general fund revenues or decrease state general fund appropriations through the biennium ending June 30, 2027.
168. Makes the administrator of the recreational and socialization services fund and persons or entities with historic horse racing operations licenses charitable organizations.
169. Prohibits all public entities from implementing, promoting, or otherwise engaging in any diversity, equity, and inclusion DEI-related initiatives, programs, training, or policies; requires each agency to report such contracts to the department of administrative services, which shall compile a consolidated report for submission to the governor, speaker of the house of representatives, and senate president; and provides for the amendment (i.e., removing DEI-related provisions) of non-compliant contracts.
170. Prohibits all public schools from implementing, promoting, or otherwise engaging in any DEI-related initiatives, programs, training, or policies and provides processes for the review and termination or amendment of noncompliant contracts and provides for funding halts in the event of a violation.
171. Creates the position of chief privacy officer within the department of information technology.
172. Applies the proceeds of the sale of the former Laconia state school campus property to any subsequent purchase of land, building, or other improvements at 1 Granite Place Concord.
173. Makes the payment and procurement card fund a lapsing fund when the balance reaches a specified amount, and makes a one-time transfer from the payment and procurement card fund to the general fund.
174. Raises various filing fees for the board of tax and land appeals and allows certain matters before the board of tax and land appeals to be removed to superior court.
175. Allows any state agency subject to a state general fund appropriation reductions to request, with prior approval of the fiscal committee of the general court, that the governor and council authorize additional funding.
176. Removes the reference to mentally incapacitated for purposes of disability retirement benefits for group II.
177. Designates Coos County as a distressed place-based economy and requires commissioners of state agencies to consult with county commissioners before making regulatory decisions that would affect Coos County.
178. Delays reduction-in-force notices for certain executive branch employees, establishes funding reserves for final payments, and ensures unused funds revert to the state's revenue stabilization reserve.
179. Transfers oversight of the housing appeals board to the board of tax and land appeals, modifies board membership, lowers the number of members from 3 to 2, and introduces a procedure for tie votes where a temporary third member is selected from the board of tax and land appeals.
180. Modifies the terms of the members of the board of tax and land appeals and allows for the board to use a member of the housing appeals board in certain circumstances.
181. Increases the fees and modifies to whom the fees are owed for certain work performed by the office of the chief medical examiner.
182. Requires large customer-generators participating in net energy metering to consume at least 33 percent of their own generation.
183. Increases the fee that must be forwarded to the office of the chief medical examiner along with a copy of the cremation certificate.
184. Appropriates money into the New Hampshire-Ireland trade council fund.
185. Repeals the use of criminal records in employment decisions.
186. Provides for payment of court-appointed attorneys in involuntary emergency admission hearings from indigent defense funds under RSA 604-A.
187. Increases the maximum total compensation paid to all claimants for first responder's critical injury benefits from $500,000 to $750,000 per biennium.
188. Restricts foreign principals from countries of concern, or their agents, from acquiring ownership, controlling, or occupancy interests in real property within 10 miles of a protected facility.
189. Establishes an affidavit filing requirement to confirm eligibility for acquiring such property interests and introduces criminal penalties and a forfeiture procedure for violations.
190. Provides that funded probation and parole officer positions that become vacant due to attrition shall remain vacant for the biennium ending June 30, 2027.
191. Establishing a committee to study the creation of the New Hampshire office of film and creative media.
192. Extends a prior appropriation to the housing champion designation and grant program fund.
193. Directs the sale and lease of the Sununu youth services property.
194. Raises funds for the division of travel and tourism through from the meals and rooms tax.
195. Establishes a tax amnesty program.
196. Delays the veterans treatment court and judicial training coordinator enactment dates.
197. Updates language governing the location of courthouses to reflect where courthouses have been built.
198. Establishes a study committee to review study, monitor, and support implementation of corrective measures identified in the 2025 legislative budget assistant audit.
199. Requires that the director of the state commission for human rights be a licensed state attorney.
200. Requires the state commission for human rights to publish an annual report to the governor and state legislature and requires the state commission for human rights to keep its rules current.
201. Requires the department of environmental services to establish an application and approval process to determine the prorated compensation amount for each public water system with PFAS detections based upon certain factors.
202. Expands the type of health plan loss information available to certain large employers.
203. Allows the New Hampshire drinking water and groundwater advisory commission to issue grants, loans, or reimbursements to water systems for impacts related to PFAS contamination.
204. Makes an appropriation to the department of environmental services from the drinking water and groundwater trust fund for the purpose of funding regional drinking water infrastructure as part of Phase 2B of the southern New Hampshire regional water project.
205. Appropriates funds to the department of environmental services for the purpose of making payments to communities for projects that have previously been awarded state aid grant funding for eligible and completed wastewater infrastructure projects.
206. Appropriates money to the department of environmental services to address loan costs associated with upgrades in the Pillsbury Lake Village District.
207. Assigns the director of emergency services and communications to oversee the state radio communications system and specifies the funding source for maintenance of the system.
208. Transfers administration of the International Fuel Tax Plan (IFTA) from the department of safety, division of administration to the division of motor vehicles.
209. Provides that the department of safety shall receive funds from the department of safety's inventory fund for the purpose of manufacturing number plates and transfers the responsibility of number plate manufacturing from the state prison to the department of safety.
210. Directs the division of motor vehicles to create mobile drivers' licenses and non-driver identification cards, as well as an electronic management system to manage all aspects of their utilization.
211. Appropriates funds to the department of safety for funding overtime patrols and related training activities, purchasing equipment in support of the northern border alliance program by state police, and disbursing grants to other state, county, and local law enforcement agencies.
212. Proclaims that the legislature is the only branch of state government able to make final determinations over the state's educational policies.
213. Administratively attaches the land conservation investment program to the fish and game department.
214. Authorizes the department of transportation to remove unauthorized vehicles from park-and-ride lots and recover the costs for doing so.
215. Adds protections for state-owned railroad corridors.
216. Provides that upon passage of the law creating an expedited driveway permitting process, the permit fees shall be credited to the highway fund.
217. Requires the state board of education to promote education programs for students to earn a high school diploma and charge tuition to student resident districts when resident districts receive state adequacy funds.
218. Appropriates funds to the department of education to be distributed for certain approved education programs.
219. Prevents the department of education from collecting or maintaining data on student workforces and removes a prohibition on data related to out-of-state colleges.
220. Requires the department of education and the department of revenue administration to develop and maintain school accounting standards for financial reporting purposes.
221. Modifies the duties of the deputy commissioner of the department of education.
222. Appropriates money to the department of education to provide a learning platform that provides instructional materials across content areas to ensure students have access to evidence-based and content-rich learning outcomes.
223. Expands permitted keno hours of operation.
224. Gives municipalities a local option to vote to prohibit the operation of games of chance within their boundaries.
225. Automatically permits Keno unless a municipality votes to prohibit it, giving local governments the option to ban games of chance within their boundaries.
226. Makes changes to charitable gaming licensing fees and reporting requirements.
227. Allows advanced deposit wagering on pari-mutuel betting on horse racing and authorizes the lottery commission to adopt rules governing the license and regulation of such wagers.
228. Expands the law enforcement, firefighter, and EMT recruitment and retention program in the community college system to include public safety communicators and dispatchers.
229. Requires health insurance coverage for biomarker testing and requires the state Medicaid plan to include coverage for biomarker testing.
230. Establishes the adverse childhood experiences (ACEs) prevention and treatment program as an ongoing program rather than as a pilot within the department of health and human services and makes an appropriation therefor.
231. Directs the department of health and human services to resubmit the 1115 demonstration waiver to CMS regarding community engagement and work requirements under the state Medicaid program and directs the department to provide an annual report to the legislature regarding the status of implementation.
232. Appropriates money to the department of health and human services to establish 2 new positions to support public assistance applications.
233. Directs the department of health and human services to establish an administrative day rate and swing bed rate under the state Medicaid plan for certain hospital stays for parents of newborns.
234. Establishes the New Hampshire children's behavioral health association.
235. Makes an appropriation to the department of health and human services for intermediate care for children with disabilities.
236. Authorizes the commandant of the New Hampshire veterans' home to transfer funds between and among accounting units and expenditure classes within the home and to create accounting units and expenditure classes.
237. Provides maternal depression screening for new mothers; makes an appropriation to the department of health and human services for a perinatal psychiatric provider consult line in FY 2028 and to the department of safety for rural maternal health EMS services; directs the department of health and human services to study barriers to independent birth centers; requires insurance coverage for perinatal home visiting services; expands employee protection to attend medical appointments for postpartum care and an infants medical appointments; and directs the department of health and human services to develop a plan for a perinatal peer support certification program.
238. Directs the renewal of the 1915(i) Medicaid state plan amendment for supportive housing services.
239. Makes an appropriation to the department of health and human services to provide residential services for individuals with disabilities and acquired brain disorders.
240. Establishes a committee to study long-term managed care and other relevant considerations related to long-term managed care.
241. Appropriates funds to the department of health and human services for the purpose of hiring a contractor to provide staffing support to assist with Medicaid long-term care eligibility, and requires a report on the status of the backlog of determinations.
242. Requires health insurance policies to provide coverage for adult prosthetics, including activity-specific prosthetic devices.
243. Directs the department of health and human services to amend its contract with the Bi-State Primary Care Association's Recruitment Center.
244. Adjusts the personal needs allowance for nursing home residents to reflect social security increases on an annual basis rather than the current 5-year adjustment.
245. Makes an appropriation to the department of health and human services to fund certain leave accrual and retention payments for temporary classified staff positions at the Hampstead hospital and residential treatment facility.
246. Establishes the Hampstead hospital and residential treatment facility capital investment fund and provides that all revenue collected by the department of health and human services from the operations transfer and asset purchase agreements approved by the governor and council on December 18, 2024 be deposited in the fund.
247. Makes an appropriation to the department of health and human services to fund a tier-one call center.
248. Requires the commissioner of the department of health and human services to adopt administrative rules regarding payments for child care providers, the child care scholarship presumptive eligibility pilot program, and the child care scholarship application process study.
249. Appropriates funds to provide payments for child care providers, the child care scholarship presumptive eligibility pilot program, and the child care scholarship application process study.
250. Directs the department of health and human services to seek federal approval to use a portion of TANF funds to develop a grant program to support the child care workforce.
251. Creates a trust fund to promote awareness of behavioral health crisis service systems, establishes a commission to oversee the behavioral health crisis service system trust fund, and establishes a crisis services telecommunications surcharge.
252. Authorizes hospitals seeking to assist older adults or adults with a disability with discharge from a hospital setting to a less restrictive setting to seek to have a guardian or conservator appointed by the probate court, and makes an appropriation to the department of health and human services.
253. Authorizes the commissioner of the department of health and human services to request additional funding, with prior authorization of the fiscal committee of the general court, to fund residential placements for youth, if certain accounts have insufficient funds in fiscal year ending June 30, 2027.
254. Raises residential care and health facility license fees and directs the department of health and human services to raise certain fees related to public health established by administrative rule.
255. Adds additional locations that shall be assigned for use by the speaker of the house and the president of the senate.
256. Establishes the youth development center administration and settlement fund administrator under the governor and executive council instead of the judicial branch.
257. Requires that any attorney's fee approved for a claim that is to be paid according to a periodic payment schedule also be paid according to that periodic payment schedule.
258. Clarifies that any retiree who returns to active service shall only retain eligibility for the benefits applicable to their initial retirement and the calculation of average final compensation.
259. Directs the department of health and human services to annually establish rates for Medicaid state plan case management services to create rate parity for such services within the program and makes an appropriation therefor.
260. Creates a subcommittee and rules regarding solid waste facility sites and their evaluation.
261. Makes significant changes to the NH retirement system, including modifying the maximum retirement benefits for certain public employees, adjusting the dates and percentages related to the calculation of retirement benefit, and adjusting the definition of "earnable compensation."
262. Makes an appropriation to the department of education for facility related expenditures.
263. For the fiscal year ending June 30, 2026, authorizes the department of health and human services to accept and expend federal funds for the purposes of administering payments for the 2025 summer EBT program, without prior approval of the fiscal committee of the general court.
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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.
25-1170
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to state fees, funds, revenues, and expenditures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
141:1 New Paragraphs; Fish and Game; Endangered Species Conservation Act; Definitions. Amend RSA 212-A:2 by inserting after paragraph V the following new paragraphs:
VI. “Commissioner” means the commissioner of the department of environmental services.
VII. “Department” means the department of environmental services.
141:2 Fish and Game; Endangered Species Conservation Act; Conservation Program. Amend RSA 212-A:9 to read as follows:
212-A:9 Conservation Programs.
I. The executive director shall establish such programs, including acquisition of land or aquatic habitat or interests therein, as are deemed necessary for the conservation of endangered or threatened species. The executive director shall utilize all authority vested in the fish and game department to carry out the purposes of this section.
II. In carrying out programs authorized by this section the executive director shall consult with other states having a common interest in particular threatened or endangered species of wildlife and may enter into agreements with federal agencies, other states, political subdivisions of this state or private persons with respect to programs designed to conserve endangered or threatened species of wildlife including, where appropriate, agreements for administration and management if any are established under this section or utilized for conservation of endangered or threatened species of wildlife.
III. All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall [assist and cooperate with the executive director in the furtherance of the purposes of this chapter for the conservation of endangered or threatened species. They shall] take such action as is reasonable and prudent to [insure] ensure that actions authorized, funded, or carried out by them do not appreciably jeopardize the continued existence of such species or result in the destruction or modification of habitat of such species which is determined by the executive director to be critical, by requiring that all such action is designed to avoid [and], minimize, and mitigate harm to such species and habitat designated as critical. Other departments and agencies may consult with the executive director or hire their own internal wildlife biologists to carry out the requirements of this paragraph. The executive director shall assist other departments and agencies in carrying out this paragraph. For the purpose of this statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation to address the environmental impact on wildlife or wildlife habitat, of that action.
IV. To meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence within 90 days of the effective date of this paragraph. The revenue collected from this section shall be deposited into the water resources fund established in RSA 482-A:3, III.
V. Any reviews conducted to fulfill the requirements of paragraph III for any permit, approval, or written authorization shall be conducted as follows:
(a) Reviews shall not exceed 60 days from receipt of all information as required by rules developed pursuant to paragraph IV;
(b) The time to complete the review may be extended with written authorization from the applicant;
(c) If the agency or department requests additional information from the applicant necessary to complete the review, the time it takes the applicant to respond shall not count against the 60 day timeline in subparagraph (a); and
(d) If the review period is not completed within the required timelines, except as provided for in subparagraph (c), then the permit, approval, or written authorization shall be deemed to not appreciably jeopardize the continued existence of a threatened or endangered species.
141:3 Department of Environmental Services; Position Established. There shall be an environmental scientist position established within the department of environmental services, compensated under SOC 19, Payband 8, for the purpose of administering the environmental species act conservation program under RSA 212-A:9, III.
141:4 Fish and Game; Endangered Species Conservation Act; Threatened and Endangered Species Compensatory Mitigation Fund. Amend RSA 212-A:16 to read as follows:
212-A:16 Threatened and Endangered Species Compensatory Mitigation Fund.
I. There is hereby established in the state treasury a separate fund to be known as the threatened and endangered species compensatory mitigation fund into which payments made pursuant to this section shall be credited. The fund shall be non-lapsing and continually appropriated to the fish and game department, for the purpose of funding projects that facilitate a net conservation benefit to threatened and endangered species, including, but not limited to critical habitat creation or restoration and the monitoring and maintenance of such areas. The state treasurer shall invest the fund as provided by law and any interest received on such investment shall be credited to the fund. Notwithstanding any other provision of law to the contrary, the executive director may accept payment for deposit into the fund for an unavoidable loss of critical habitat from a proposed activity without the approval of the governor, the governor and council, or the commission. The executive director shall approve disbursements from the fund following consultation with the commissioner [of the department of environmental services]. The [department] executive director shall submit an annual report by October 1, 2022, and every year thereafter, to the fiscal committee, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library, summarizing all deposits and expenditures from the fund. The report shall include, but not be limited to a description of all projects undertaken.
II. The executive director shall adopt rules under RSA 541-A for the disbursement of money from the threatened and endangered species compensatory mitigation fund no later than one year following the effective date of this section. Those rules shall establish an administrative fee that the executive director may collect from payments made to the fund to cover the cost of operation of the fund.
III. The department of environmental services shall adopt rules under RSA 541-A regarding when mitigation payments to the fund are required for impacts to threatened and endangered species or the habitats of threatened and endangered species, pursuant to RSA 206:33-g, II, resulting from the issuance of a permit by the department of environmental services, and the calculation of those payments.
141:5 Public Recreation; New Hampshire Native Plant Protection; Definitions. Amend RSA 217-A:3, VI to read as follows:
VI. "Environmental review" means a [natural heritage bureau] review of potential impacts to protected species and exemplary natural community occurrences to enable planning, permitting, and funding.
141:6 Public Recreation; New Hampshire Native Plant Protection; Cooperation with Other State Agencies. Amend RSA 217-A:7 to read as follows:
217-A:7 Cooperation with Other State Agencies.
I. All state agencies, consistent with their authority and responsibilities, shall assist and cooperate with the commissioner to carry out the purposes of this chapter. To the extent possible actions funded or carried out by state agencies shall not jeopardize the continued existence of any protected plant species or exemplary natural community.
II. If another state agency or department requires an environmental review to meet its obligations in paragraph I, they shall consult with the department of environmental services. The department of environmental services may charge a fee of not less than $50 for screening the database for instances of protected species and may charge a fee for providing an environmental review. Such fees shall be sufficient to cover the cost of building and maintaining a database for instances of protected species, for screening the database for instances of protected species, and for providing an environmental review. Fees shall be deposited in the water resources fund established in RSA 482-A:3, III. The commissioner of the department of natural and cultural resources shall be responsible for providing the data necessary for the database.
III. The department of environmental services shall adopt rules to establish the process for requesting a screening and for the environmental review process in paragraph II. Such rulemaking shall begin within 90 days of the effective date of this section. The commissioner shall assist and cooperate with the department of environmental services to ensure the agency has the information necessary to adequately complete the environmental review process.
141:7 Public Recreation; New Hampshire Native Plant Protection; Natural Heritage Bureau Fund Established. Amend RSA 217-A:7-a to read as follows:
217-A:7-a Natural Heritage Bureau Fund Established.
I. The commissioner may charge a fee [for screening department records for instances of protected species or environmental review,] for using inventory and information services[,] and for publications and reports to recover the costs of providing products and services [and a reasonable portion of the costs associated with building and maintaining the database].
II. Fees shall be sufficient to cover the costs of providing services and producing and providing products authorized by this chapter.
III. Fees shall be fixed in a schedule prepared and revised as necessary by the natural heritage bureau, approved by the commissioner, and established in rules adopted pursuant to RSA 541-A. The fees charged under this paragraph shall be deposited in the fund established in paragraph IV.
IV. There is hereby established in the office of the state treasurer a fund to be known as the natural heritage bureau fund. Moneys collected under this section and RSA 217-A:6, III shall be deposited in this fund. The fund shall be nonlapsing and continually appropriated to the commissioner [for the purposes of providing environmental reviews,] for the costs of providing publications or reports to the public, for the costs of providing inventory and information services, and to accomplish the purposes of this chapter.
141:8 New Paragraph; Water Management and Protection; Fill and Dredge In Wetlands; Definitions. Amend RSA 482-A:2 by inserting after paragraph VIII the following new paragraph:
VIII-a. "Boathouse" means a docking structure having a permanent roof covering one or more boat slips.
141:9 New Paragraph; Water Management and Protection; Fill and Dredge In Wetlands; Definitions. Amend RSA 482-A:2 by inserting after paragraph IX the following new paragraph:
IX-a. "Structural height" means the vertical distance from its lowest dock surface of a structure to the highest point of the structure.
141:10 Water Management and Protection; Fill and Dredge In Wetlands; Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, I(b)-(d) to read as follows:
(b) The application fee for shoreline structure projects shall be [$400] $600 plus an amount based on the area of dredge, fill, or dock surface area proposed, or a combination thereof, which shall be [$4] $6 per square foot for permanent dock surface area; [$2] $3 per square foot for seasonal dock surface area; and [$.40] $0.60 per square foot for dredge or fill surface area or both. For projects involving only the repair, reconstruction, or reconfiguration of an existing docking structure, the application fee shall be [$400] $600.
(c) The application fee shall be [$400] $600 for minimum impact dredge and fill projects and for non-enforcement related publicly funded and supervised restoration projects as defined by rules, regardless of impact classification, if undertaken by other than the person or persons responsible for causing the restoration to be needed. The application fee for all projects under this chapter which are not covered by subparagraph (b) or (c) or paragraphs IV-a, V, X through XII, XV, XVI, or XVII through XIX shall be [$.40] $0.60 per square foot of proposed impact, with a minimum fee of [$400] $600 for all such projects that impact fewer than 600 square feet.
(d) If an owner chooses to voluntarily register existing docking structures, at the time the owner registers the structures with the department, he or she shall also submit a nonrefundable fee of [$200] $300.
141:11 Water Management and Protection; Fill and Dredge In Wetlands; Administrative Provisions. Amend RSA 482-A:11, III(a) to read as follows:
III.(a) Upon written notification to the department by a municipal conservation commission, a local river management advisory committee, or the New Hampshire Rivers Council that it intends to investigate any notice received by it pursuant to RSA 482-A:3, the department shall not make its decision on the application that is the subject of the notice until it has received and acknowledged receipt of a written report from such commission, local river management advisory committee, or the council, or until 40 days from the date of filing with the municipal clerk of such notice, whichever occurs earlier[, subject to an extension of up to 40 days, as permitted by the commissioner, for good cause shown]. In connection with any local investigation, a conservation commission may hold a public informational meeting or a public hearing, the record of which shall be made a part of the record of the department. [Where the commissioner grants an extension, the time limits prescribed by RSA 482-A:3, XIV(b) shall be suspended for up to 40 days as agreed to by the applicant and the department.] If a conservation commission, a local river management advisory committee, or the New Hampshire Rivers Council makes a recommendation to the department in its report, the department shall specifically consider such recommendation and shall make written findings with respect to each issue raised in such report which is contrary to the decision of the department. If notification by a local conservation commission, local river management advisory committee, or the New Hampshire Rivers Council pursuant to this paragraph, is not received by the department within 14 days following the date the notice is filed with the municipal clerk, the department shall not suspend its normal action, but shall proceed as if no notification has been made.
141:12 Terrain Alteration. Amend RSA 485-A:17, II to read as follows:
II.(a) The department shall charge a fee for [each review of plans] applications, including project inspections, required under this section.[ The plan review fee shall be based on the total area to be disturbed.] For projects that qualify for a permit by notification allowed by paragraph II-a, the application fee for a permit by notification shall be $3,125. Except for [property subject to RSA 483-B:9] projects that qualify for a permit by notification allowed by paragraph II-a, the fee for [review of plans] applications encompassing an area of at least [100,000] 150,000 square feet but less than 200,000 square feet shall be [$3,125] $6,250. [For the property subject to RSA 483-B:9, the fee for review of plans encompassing an area of at least 50,000 square feet but less than 200,000 square feet shall be $3,125.] An additional fee of [$1,250] $2,500 shall be assessed for each additional area of up to 100,000 square feet to be disturbed. For any property subject to RSA 483-B:9, the fee for review of plans encompassing an area of at least 50,000 square feet but less than 150,000 square feet shall be $5,000. For all other projects, the fee shall be $500 plus $0.005 per square foot of disturbance. No application shall be accepted by the department until the fee required by this paragraph is paid. All fees required under this paragraph shall be paid when plans are submitted for review and shall be deposited in the water resources fund established in RSA 482-A:3, III.
(b) The department shall charge a non-refundable fee of $500 [plus a $.10 fee per square foot of disturbance associated with the amendment request] for each request to amend a permit that requires plans to be reviewed.
141:13 Permit by Notification. RSA 485-A:17, II-a is repealed and reenacted to read as follows:
II-a. By January 1, 2026, the department shall adopt rules to establish a permit by notification for projects with plans encompassing an area less than 150,000 square feet that are not subject to RSA 483-B:9.
141:14 New Section; Boathouse Requirements. Amend RSA 482-A by inserting after section 26 the following new section:
482-A:26-a Boathouse Requirements.
I. Any boathouse constructed after July 1, 2025, and located over public waters shall not exceed a structural height of 18 feet, have no second floor, and minimize storage to accommodate only those items, such as life-jackets, paddles, and rigging, reasonably related to the use of a boat. No boathouse over public waters existing as of July 1, 2025, shall be modified to increase its structural height or to add additional floors.
II. For the purposes of this section, "public waters" means all natural ponds of more than 10 acres and all tidal waters up to the high water mark at the level of the mean high tide.
141:15 Water Management and Protection; Fill and Dredge In Wetlands; Restrictions on Use of Structures Built Over the Waters of the State; Penalty. Amend RSA 482-A:27 to read as follows:
482-A:27 Penalty. Any person who violates any provision of RSA 482-A:26 or 482-A:26-a shall be required to remove the structure or portion of the structure constructed, reconstructed, repaired, converted, or modified in violation of said section and shall be subject to the civil, criminal, and other penalties set forth in RSA 482-A:13, 14, and 14-b. Any criminal fine collected for a violation of RSA 482-A:26 shall accrue to the use of the municipality in which the structure is located.
141:16 Education Freedom Accounts; Contingency. Amend 2025, 75:7 to read as follows:
75:7 Contingency. Sections 4 and 6 of this act shall take effect on the date the department of education certifies to the secretary of state and the director of the office of legislative services that [student applications] the education freedom account program enrollment cap has not increased, pursuant to RSA 194-F:3, I-a, [for the education freedom account program have not exceeded the enrollment cap] for 2 consecutive school years.
141:17 Education; Education Freedom Accounts; Application for an Education Freedom Account. Amend RSA 194-F:3, VI to read as follows:
VI. Upon notice to the scholarship organization, an EFA student may choose to stop receiving EFA funding and enroll full-time in a public school or otherwise satisfy compulsory attendance requirements.
141:18 Effective Date. Sections 16-17 of this act shall take effect upon its passage.
141:19 New Section; Voluntary Statewide Self-Exclusion. Amend RSA 284 by inserting after section 6-c the following new section:
284:6-d Voluntary Statewide Self-Exclusion.
I. To reduce and mitigate the effects of problem gambling, the commission shall establish a centralized voluntary statewide self-exclusion database for all forms of legal gaming throughout New Hampshire, through an agent selected through a competitive bid process and approved by the governor and executive council. The commission shall ensure that an agent demonstrates financial stability, responsibility, good character, honesty, and integrity. In selecting an agent, the commission shall consider, at a minimum, the experience and background of the agent and the ability of the agent to securely and anonymously collect and transmit relevant data among the operators and systems of all forms of regulated gaming in New Hampshire. The commission shall select a group of bidders who best meet the criteria set forth in this paragraph and select from that group the agent whose bid is best suited to accomplish the stated objectives. All agents shall be subject to criminal and financial background checks as prescribed by the commission.
II. The commission may adopt rules requiring vendors, agents, and entities licensed or registered under chapter 284, chapter 287-D, chapter 287-H, chapter 287-I, and chapter 287-J to participate in any program established in section II, above.
III. Notwithstanding RSA 91-A, records and information obtained or developed by the commission or its agent as part of establishing and administering the list of persons who voluntarily request exclusion under paragraph I, above, shall be confidential and shall not be subject to disclosure or to public inspection except that information may be released only with the written consent of the person requesting voluntary exclusion. Statistical data and general information that do not allow for a person on the voluntary exclusion list to be personally identified are not confidential.
141:20 State Lottery and Gaming Commission. Amend RSA 284:21-a to read as follows:
284:21-a State Lottery and Gaming Commission. There shall be and hereby is created a state lottery and gaming commission consisting of 3 members who shall be appointed and may be removed for cause by the governor with the advice and consent of the council. One member shall be appointed for one year, one for 2 years and one for 3 years, and upon the expiration of their terms of office their successors shall be appointed for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term. No member of the commission shall have any pecuniary or other interest in any supplier or agent to the commission or in any licensee licensed under the provisions of this chapter. The commission shall be properly addressed as the “New Hampshire lottery and gaming commission” but all statutory and regulatory references to “lottery commission” shall remain valid and shall be used synonymously.
141:21 Definitions. Amend RSA 287-D:1, XII to read as follows:
XII. "High-Stakes tournament" means a tournament of a game of chance in which the required buy-in for participation in the tournament is $2,500 or greater.
XIII. “Video lottery terminal” or “VLT” means any device which, upon payment of bills, coins or vouchers, is available to play or operate and may entitle the patron to receive cash, vouchers, or electronic credits redeemable for cash. The results, including options available to the patron, are randomly determined by the device. A device may use spinning reels or video displays or both. This definition does not include any device that sells lottery tickets, pari-mutuel wagers, nor any device which is operated through, utilizes, or is played on or with assistance from the Internet.
XIV. "Wager" means a monetary agreement between 2 or more persons that a sum of money or other valuable thing shall be paid to one of them on the happening or not happening of an uncertain event. Wager may be used synonymously with the term "bet."
XV. "Wide-area progressive link" means a networked gaming system that connects electronic gaming devices, including VLTs and historic racing machines authorized by RSA 284:22-b, located at multiple licensed gaming establishments to a common progressive jackpot pool, allowing for contributions from each linked machine, regardless of location, to incrementally increase a shared jackpot prize, which can be won by any eligible player participating on any of the linked devices.
141:22 Rulemaking. Amend RSA 287-D:3, XVII to read as follows:
XVII. The licensing and enforcement of VLT licensees, terminals, and compliance requirements under RSA 287-J.
XVIII. Other matters related to the proper administration of this chapter.
141:23 New Section; Games of Chance; High-Stakes Tournaments. Amend RSA 287-D by inserting after section 3 the following new section:
287-D:3-a High-Stakes Tournaments. A licensed game operator employer may conduct a high-stakes game of chance tournament provided that:
I. The tournament is held at a facility licensed to conduct games of chance under RSA 287-D.
II. The tournament is conducted in accordance with the rules and procedures established by the lottery commission.
III. The game operator submits the tournament structure, entry fees, rake structure, and prize payout distribution to the lottery commission at least 30 days prior to the tournament start date for approval.
IV. The tournament is conducted using approved dealers and equipment.
141:24 Games, Amusements, and Athletic Exhibitions; Games of Chance; Wager RSA 287-D:16 is repealed and reenacted to read as follows:
287-D:16 Wagers. Notwithstanding any other provision of law to the contrary, no maximum wager shall apply to any game of chance conducted under this chapter or any historic horse race under RSA 284:22-b, including table games, historic horse racing, and VLT wagers.
141:25 Games, Amusements, and Athletic Exhibitions; Games of Chance; Prizes. Amend RSA 287-D:20 to read as follows:
287-D:20 Prizes.
I. In games where chips have no monetary value, except for high-stakes tournaments, as defined in RSA 287-D:1, XI-a, 3 percent of all funds collected from players, less moneys used by the lottery commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer to be deposited into the special fund established in RSA 284:21-j. Such payments shall be made once per month not later than the [5th] 15th day of the month for the funds collected in the previous month.
I-a. In high-stakes tournaments, as defined in RSA 287-D:1, XI-a, 5 percent of house winnings, after prizes paid, less moneys used by the lottery commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer to be deposited into the special fund established in RSA 284:21-j. Such payments shall be made once per month not later than the 15th day of the month for the funds collected in the previous month.
II. In games where chips have monetary value, 10 percent of the rake or house winnings and other moneys collected by the game operator that are not paid out as prizes to players, less moneys used by the lottery commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer for deposit into the special fund established in RSA 284:21-j. Such payments shall be made once per month not later than the [5th] 15th day of the month for the funds collected in the previous month.
III. Notwithstanding any other provision of law, the cash value of free bets and promotional credits of all table games, historic horse racing (HHR), and VLTs shall be exempted from revenues subject to charity allocation and payments to the state, so long as the cash value of such promotions for each type of game, whether it be table games, HHR, or VLTs, does not exceed 15 percent of the total revenue from that type of game for a given month.
141:26 New Chapter; Video Lottery Terminals. Amend RSA by inserting after chapter 287-I the following new chapter:
CHAPTER 287-J
VIDEO LOTTERY TERMINALS
287-J:1 Definitions.
For the purposes of this chapter these words shall have the following meaning:
I. "Applicant" means an individual or entity applying for a license under this chapter.
II. “Commission” means the lottery and gaming commission.
III. “Gross video lottery revenue” means the total of all sums actually received by a VLT licensee from operation of video lottery terminals, minus the total of all sums actually paid out as winnings to patrons, less any free play paid to patrons. The maximum amount of free play that any one licensee can deduct from gross video lottery revenue shall be 12.5 percent in any calendar year.
IV. “Facility” means a facility licensed under RSA 287-D for the conduct of charitable gaming.
V. “Video lottery terminal” or “VLT” means any device which, upon payment of bills, coins or vouchers, is available to play or operate and may entitle the patron to receive cash, vouchers, or electronic credits redeemable for cash. The results, including options available to the patron, are randomly determined by the device. A device may use spinning reels or video displays or both. This definition does not include any device that sells lottery tickets, pari-mutuel wagers, nor any device which is operated through, utilizes, or is played on or with assistance from the Internet.
VI. “VLT license” means a license issued in accordance with this section, to offer video lottery terminals to the public.
VII. “VLT licensee” means a game operator employer licensee that has been granted a VLT license under this section.
VIII. “Voucher” means a printed wagering instrument, issued by a video lottery terminal at a facility, that has a fixed dollar wagering value which can only be used to acquire an equivalent value of cashable credits or cash.
287-J:2 Enforcement. The commission, with the assistance of the attorney general and the chief of police of any city or town where licensed facilities are located, shall administer and enforce the provisions of this chapter. To enforce the requirements of this chapter, the commission may exercise all rights of enforcement, including but not limited to its subpoena power, investigation authority, and authority to issue administrative orders and fines, granted to the commission by RSA 287-D.
287-J:3 Rulemaking. The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for VLT licenses for game operators.
II. Information to be required on VLT license applications for VLT licenses for game operators.
III. The conducting and operation of video lottery terminals.
IV. Accountability controls to ensure game integrity, including, but not limited to, cash, prizes, income, expense and financial reporting, and recordkeeping to be implemented by VLT licensees in addition to requirements set forth in RSA 287-D:22.
V. Investigation and enforcement to ensure compliance with this chapter.
VI. Other matters related to the proper administration of this chapter.
287-J:4 Eligible Operators.
I. To be eligible for a VLT license, the applicant shall have been licensed or eligible for licensure to sell pari-mutuel pools on historic horse races under RSA 287-D and under RSA 284:22-b, and shall take place within the enclosure of a facility at which the licensee holds its licensed gaming activities under RSA 287-D and that such facility is located within the city or town in which the licensee is licensed or is eligible, as of the effective date of this chapter. A license shall not be permitted to be transferred or sold.
II. Applicants eligible to obtain a VLT license pursuant to paragraph I of this section shall submit to background, financial, and suitability checks pursuant to RSA 287-D:11 and RSA 287-D:12, to ensure the applicant’s ability to conduct video lottery terminals in accordance with the provisions of RSA 287-D and this chapter. An entity found suitable for gaming by the commission as of the effective date of this chapter shall satisfy paragraph I and RSA 284:22-b. The applicant for a VLT license shall submit to the commission a criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of the applicant's criminal history and record information, including confidential criminal history record information, to the commission.
III. Applicants seeking a VLT license shall apply utilizing forms supplied by the lottery commission. The VLT license fee shall be $2,000 per three-year license period.
IV. Applicants seeking a VLT license must also obtain a game operator employer license in accordance with RSA 287-D prior to commencing VLT operations.
287-J:5 Operation of Video Lottery Terminals.
I. Prior to use all VLTs must have been tested by an independent testing laboratory and approved by the commission to ensure integrity and proper working order.
II. No VLT shall be operated except within the facility of an eligible VLT licensee during the facility's approved hours of play of charitable games.
III. VLTs shall operate to ensure a minimum average daily aggregate payback of 88 percent computed for all VLTs operated at each facility on a quarterly basis.
IV. VLTs shall operate to ensure a minimum average daily aggregate payback of 88 percent computed for all VLTs operated at each facility on a quarterly basis, except for machines that are tied to a wide-area progressive link, which shall have minimum average daily aggregate payback of 80 percent. For historic horse racing pools authorized by RSA 284:22-b tied to a wide-area progressive link, the commission on such pools shall be set at a rate no greater than 20 percent.
287-J:6 Revenue Share.
I. Each VLT licensee shall collect a sum equal to 31 percent of gross video lottery revenue.
II. Each VLT licensee shall distribute 0.25 percent of gross video lottery revenue collected to the governor's commission on addiction, treatment, and prevention.
III. Each VLT licensee shall distribute 30.75 percent of gross video lottery revenue pursuant to subparagraphs (a) and (b).
(a) Each licensee shall distribute 35 percent of the amount collected under paragraph III to charitable organizations with whom the licensee contracts on each licensed game date. Each VLT licensee must contract with 2 licensed charitable organizations for each game date.
(b) The remainder collected under paragraph III shall be paid to the commission and distributed as follows:
(1) 25 percent to the special fund established under RSA 284:21-j for use as provided in that section;
(2) 75 percent to the general fund.
287-J:7 Unclaimed Vouchers.
I. Vouchers shall remain valid for 180 days from the date printed, after which the obligation of the VLT licensee to pay the patron any value remaining on a voucher expires.
II. Before the end of each calendar month, the VLT licensee shall report and remit the total value of vouchers that expired during the preceding calendar month in a format prescribed by the commission.
III. Such moneys shall become a part of the special fund established in RSA 284:21-j.
141:27 Opioid Abatement Trust Fund; Substance Abuse Enforcement Program. For the biennium ending June 30, 2027, $3,500,000 from the opioid abatement trust fund, established under RSA 126-A:83, may be appropriated to the department of safety, as authorized by the general court. These funds are intended to cover overtime costs for county and local law enforcement officers participating in the substance abuse enforcement program, established under RSA 21-P:66. Specifically, the funding may support officers in Coos, Grafton, Carroll, and Sullivan counties in carrying out law enforcement activities related to the program, which aims to prevent or reduce overdose deaths and other opioid-related harms.
141:28 Substance Abuse Enforcement Program. Amend RSA 21-P:66, I by inserting after subparagraph (b) the following new subparagraph:
(c) For law enforcement agencies in Coos, Grafton, Carroll, and Sullivan counties, costs for hiring additional officers carrying out law enforcement activities aimed at preventing or reducing overdose deaths and other opioid related harms.
141:29 Substance Abuse Enforcement Program. Amend RSA 21-P:66, IV(a) to read as follows:
(a) Except for Coos, Grafton, Carroll, and Sullivan counties, no funds shall be granted for "purchase of evidence" or for "confidential funds."
141:30 Board of Tax and Land Appeals; Staff. Amend RSA 71-B:14 to read as follows:
70-B:14 Staff. [The board shall have upon its staff at least one review appraiser who shall be a classified state employee and who shall be competent to review the value of property for tax and eminent domain purposes. In addition,] The board shall have such clerical and technical staff as may be necessary within the limits of appropriation made therefor.
141:31 Department of Business and Economic Affairs; Division of Planning and Community Development Established. The subdivision heading preceding RSA 12-O:53 and RSA 12-O:53 are repealed and reenacted to read as follows:
Planning and Community Development
12-O:53 Division of Planning and Community Development. There is established within the department the division of planning and community development under the supervision of a classified director of the division of planning and community development. The director of the division of planning and community development shall administer and supervise the programs related to planning and development, broadband, and housing within the department and shall serve under the supervision of the commissioner of the department.
12-O:53-a Office of Planning and Development.
I. There is established the office of planning and development within the department of business and economic affairs, division of planning and community development. The office shall be under the supervision of the director of the division of planning and community development, who shall serve under the supervision of the commissioner.
II. The office of planning and development shall:
(a) Plan for the orderly development of the state and the wise management of the state's resources.
(b) Compile, analyze, and disseminate data, information, and research services as necessary to advance the welfare of the state.
(c) Encourage and assist planning, growth management, and development activities of cities and towns and groups of cities and towns with the purpose of encouraging smart growth.
(d) Encourage the coordination and correlation of state planning by agencies of state government.
(e) Participate in interstate, regional, and national planning efforts.
(f) Administer federal and state grant-in-aid programs assigned to the office by statute or executive order.
(g) Participate and advise in matters of land use planning regarding water resources and floodplain management.
(h) Take a leadership role in encouraging smart growth and preserving farmland, open space land, and traditional village centers.
(i) Administer the following programs: the statewide comprehensive outdoor recreation plan, the national flood insurance program, and the land conservation investment program. The office shall employ necessary personnel to administer these programs.
(j) Perform such other duties as the commissioner may assign.
141:32 State Development Plan. Amend the introductory paragraph of RSA 12-O:54, I and 12-O:54, I(a) to read as follows:
I. The office of planning and development, under the direction of the [commissioner] director of the division of planning and community development, shall:
(a) Assist [the commissioner] in preparing, publishing, and revising the comprehensive development plan required under RSA 9-A.
141:33 Change "Director of the Office of Planning and Development" to "Director of the Division of Planning and Community Development". Amend the following RSA provisions by replacing "director of the office of planning and development" with "director of the division of planning and community development": 12-O:57; 17-M:2, V; 21-O:5-a, I(d); 21-P:48, I(h); 36-B:1; 78-A:25, III; 162-L:15, II(b); 233-A:2, I(f); 432:19, II(c); 482-A:32, II(c); 483:8, II; 483-A:6, III.
141:34 State Development Plan; Office of Planning and Development. Amend the introductory paragraph of RSA 9-A:2 and 9-A:2, I to read as follows:
9-A:2 Office of Planning and Development. The office of planning and development, under the direction of the [commissioner of business and economic affairs] division of planning and community development, shall:
I. Assist [the commissioner] in preparing, publishing and revising the comprehensive development plan.
141:35 New Hampshire Workforce Development; State Workforce Innovation Fund. Amend RSA 12-O:45 to read as follows:
12-O:45 State Workforce Innovation Fund.
I. There is hereby established the state workforce innovation fund which shall be nonlapsing and administered by the commissioner of the department of business and economic affairs. Said fund shall be for the purpose of receiving financial assistance under the [Workforce Investment Act of 1998] Workforce Innovation and Opportunity Act of 2014 and providing funds for grants and other workforce development initiatives.
II. The fund shall be distributed or expended by the commissioner after consultation with the State Workforce Innovation Board established in RSA 12-O:44 and the approval of the governor and council for any of the following purposes:
(a) [Workforce Investment Act] Workforce Innovation and Opportunity Act of 2014 Adult and Dislocated Worker programs.
(b) [Workforce Investment Act] Workforce Innovation and Opportunity Act of 2014 Youth programs.
(c) [Workforce Investment Act] U.S. Department of Labor, Senior Community Service Employment programs.
(d) [Workforce Investment Act] U.S. Department of Labor Disability programs.
(e) [Workforce Investment Act] U.S. Department of Labor Regional Innovation and National Emergency grant programs.
(f) Other projects, programs, or grants recognized as being beneficial to workforce development initiatives and consistent with the goals of the [Workforce Investment Act] Workforce Innovation and Opportunity Act of 2014.
III.(a) The department may accept gifts, grants, donations, or other moneys for the purposes of this section. Said moneys shall be deposited into the state workforce innovation fund.
(b) The commissioner may enter into contracts and agreements and may take other actions that may be necessary or desirable to effect the transfer to it of operations currently conducted by [the Workforce Opportunity Council, Inc. or the New Hampshire Workforce Opportunity Council under the Workforce Investment Act] the department of business and economic affairs, and to effect the transfer of assets utilized by them in doing so; and, the commissioner may assume, bear, and agree to perform those contracts of [the Workforce Opportunity Council, Inc. or the New Hampshire Workforce Opportunity Council] the state workforce innovation board that may be necessary or desirable for carrying out the purposes of this section.
IV. The commissioner of the department of business and economic affairs shall have the authority to enter into such agreements for leasing real property, acquiring goods, and engaging services to perform Rapid Response activities in accordance with this subdivision. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such agreements and amounts expended pursuant thereto. Such agreements shall be made pursuant to forms of agreement that shall be approved by governor and council which forms of agreement have been reviewed by the attorney general and the commissioner of the department of administrative services.
[V. In accordance with RSA 282-A:181 through RSA 282-A:184, the commissioner of the department of employment security shall have the authority to make grants to New Hampshire employers for the purpose of training employees in accordance with this chapter, such grants not to exceed the amounts specified in RSA 282-A:87, IV(a)(2), and not to exceed to any single employer in any grant year the sum of $70,000, unless first approved by governor and council. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such grants expended pursuant thereto. Such grants shall be made pursuant to a form of agreement that shall be approved by governor and council after review by the attorney general and the commissioner of the department of administrative services.]
141:36 New Section; Unemployment Compensation; Job Training Program; State workforce Innovation Grants. Amend RSA 282-A by inserting after section 184 the following new section:
282-A:185 State Workforce Innovation Grants. In accordance with RSA 282-A:181 through RSA 282-A:184, the commissioner of the department of employment security may make grants to New Hampshire employers for the purpose of training employees in accordance with RSA 12-O:45, such grants not to exceed the amounts specified in RSA 282-A:87, IV(a)(2), and not to exceed to any single employer in any grant year the sum of $70,000, unless first approved by governor and council. The commissioner shall provide the governor and council an information item not less frequently than semi-annually describing all such grants expended pursuant thereto. Such grants shall be made pursuant to a form of agreement that shall be approved by governor and council after review by the attorney general and the commissioner of the department of administrative services.
141:37 The State and Its Government; State Commission on Aging; State Commission on Aging Established; Membership. Amend RSA 19-P:1, IV to read as follows:
IV. The members appointed pursuant to subparagraph II(j) shall serve [2-year terms] 3-year terms effective for appointments made after July 1, 2025; provided that initially such members shall serve staggered terms and no such member shall serve more than 2 consecutive terms, with the exception of the chairperson, vice-chairperson, and recorder, who may service an additional term for a total of 3 terms. A council member whose term of office is expiring may continue beyond the end of the term until reappointed or until a successor is nominated. Legislative members shall receive mileage at the legislative rate when attending to the duties of the commission. The first named member of the house of representatives shall convene the organizational meeting of the commission on or before 45 days of passage of this chapter for the purpose of electing officers serving on the commission. A majority of the members shall constitute a quorum. If any member is absent without previously being excused by the chairperson for 3 or more regular meetings, the member may be removed upon a majority vote of the commission.
141:38 New Section; State Commission on Aging; Advisory Council on the System of Care for Healthy Aging in New Hampshire. Amend RSA 19-P by inserting after section 2 the following new section:
19-P:2-a Advisory Council on the System of Care for Health Aging in New Hampshire.
I. The commission shall establish an advisory council on the system of care for healthy aging in New Hampshire. The purpose of the advisory council shall be to:
(a) Improve the well-being of older adults and caregivers;
(b) Identify cost-savings and opportunities to increase collaboration, efficiency, and the effectiveness of the service array and service delivery system; and
(c) Assist and advise the commissioner of the department of health and human services on the system of care principles and values and implementation of RSA 151-E:22 through 151-E:27.
II.(a) The director of the division of long-term supports and services, or the director's designee, and one member of the state commission on aging shall serve as the permanent co-chairpersons of the advisory council.
(b) Additional members of the advisory council representing diverse perspectives shall be appointed by the commission on aging and shall include older adults and family caregivers with relevant experience, members of agencies serving older adults including public, private, consumer advocacy, and non-profit organizations, and individuals with relevant policy expertise.
III. The advisory council shall meet at least quarterly and may meet more often at the call of the commission.
IV. The duties of the council shall include reviewing and making recommendations regarding all aspects of the implementation of the system of care for healthy aging established under RSA 151-E:22 through 151-E:27. Such duties shall also include addressing the availability of long term supports and services for individuals across the continuum of care, including but not be limited to:
(a) Reviewing and making recommendations that improve and shorten the timeline for accessing Medicaid long-term care benefits.
(b) Reviewing and making recommendations to remove barriers to hospital discharge for non-acute patients who require post hospital long-term supports and services.
(c) Gathering additional data to review the implementation of the system of care for healthy aging, including but not limited to:
(1) Licensed long-term care beds in service versus licensed long-term care beds not in service, and recommendations for optimal utilization of limited long-term care bed licenses to increase access to long-term care.
(2) Reviewing the availability of long-term services and supports for individuals requiring post hospital or nursing facility care service.
(3) Access to Medicaid Choices for Independence waiver services post hospital discharge and recommendations for optimal program utilization.
(4) Availability of long-term supports and services for non-Medicaid individuals.
(d) Working collaboratively with public and private stakeholders to strengthen the direct care workforce to meet the growing demand for long-term supports and services in New Hampshire.
(e) Advising the governor, the senate president, the speaker of the house, the oversight committee on health and human services, as established in RSA 126-A:13, and the commissioner of health and human services on any issue related to long-term services and supports within the system of care for healthy aging.
V. A summary of the advisory council's activities, findings, and recommendations shall be included in the commission's annual report submitted under RSA 19-P:3.
141:39 New Section; State Commission on Aging; Fund Established. Amend RSA 19-P by inserting after section 4 the following new section:
19-P:5 Fund Established. There is established in the office of the state treasurer a fund known as the New Hampshire commission on aging fund, which shall be kept separate and distinct from all other funds and shall be continually appropriated to the commission. Such fund shall be the depository of all gifts, grants, or donations made to the commission pursuant to RSA 19-P. The payment of the executive director of the commission, the expenses of the commission, and all other overhead costs of the commission, shall be paid from such fund. Any moneys in such fund shall not lapse into the general fund of the state.
141:40 New Subparagraph; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph 399 the following new subparagraph:
(400) Moneys deposited in the New Hampshire commission on aging fund established in RSA 19-P:5.
141:41 Appropriation. The New Hampshire commission on aging fund established pursuant to RSA 19-P:5 is hereby appropriated $150,000 in general funds for the fiscal year ending June 30, 2026 and $150,000 for the fiscal year ending June 30, 2027. This appropriation shall be used exclusively to support payment of the executive director and the activities of the commission. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:42 Department of Corrections; Funding Transfer Authority. The following classes within the department of corrections shall be exempt from the transfer restrictions in RSA 9:17a, 9:17c, classes 10-personal services-perm classified, 11- personal services unclassified, 12-personal services-unclassified, 18-overtime, 19-holiday pay, 50- personal service-temp/appointed and 60-benefits. The department is authorized to transfer funding in these classes within and amongst all accounting units provided that quarterly these transfers are reported to the fiscal committee within 60 days of the end of that quarter. In the event class 18 overtime expenditures are more than amounts appropriated and transferred from vacant positions, the commissioner may request, with prior approval of the fiscal committee, that the governor and council authorize additional funding. Upon fiscal committee and governor and council approval, the governor is authorized to draw a warrant from any money in the treasury not otherwise appropriated.
141:43 Department of Corrections; Qualifications and Compensation of Certain Officials. Amend RSA 21-H:7 to read as follows:
21-H:7 Qualifications and Compensation of Certain Officials.
I. The commissioner, assistant commissioner, [director of personnel and information, director of rehabilitative services, and the] division directors, deputy warden, and deputy directors of the department shall be qualified to hold such positions by reason of education and experience.
II. The salaries of the commissioner, assistant commissioner, [director of personnel and information, director of rehabilitative services, and the] division directors, deputy warden, and deputy directors of the department shall be as specified in RSA 94:1-a.
141:44 The State Prisons; Sale of Prison Products; Industries Inventory Account. Amend RSA 622:28-a, I to read as follows:
I. An industries inventory account shall be maintained to enable the state prisons to implement RSA 622:26-28. [Except for] All permanent personnel, [all] operating expenses, materials, supplies, overtime and purchase and repair of equipment determined to be necessary for the growing or manufacture of products for resale shall be a proper charge against this account. Charges for the sale of goods and services produced by the industries program shall be sufficient to defray the expenditures charged against this account and any sums obtained therefrom shall be a credit to the account.
141:45 Department of Health and Human Services; State Grant in Aid.
Notwithstanding any other law to the contrary, there is hereby appropriated to the department of health and human services the sum of $5,000,000 for the state fiscal year ending June 30, 2026, and the sum of $5,000,000 for the state fiscal year ending June 30, 2027, from the opioid abatement trust fund, established under RSA 126-A:83, for the purpose of providing year-round emergency shelter services to individuals with an opioid use disorder. Such shelter programs must provide supportive services designed to assist people obtain recovery and permanent housing to achieve self-sufficiency.
141:46 Department of Health and Human Services; Prospective Repeal Regarding the Exemption from Certain Transfer Procedures Extended. Amend 2018, 163:11, IV as amended by 2019, 346:64, as amended by 2021, 91:27, and as amended by 2023, 79:215, to read as follows:
IV. Section 10 of this act shall take effect June 30, [2025] 2027.
141:47 Effective Date. Section 46 of this act shall take effect June 30, 2025.
141:48 Prospective Repeal Regarding Eligibility for Services Extended. Amend 2011, 209:6, I, as amended by 2013, 140:1, I, as amended by 2015, 276:41, I, as amended by 2017, 156:85, I, as amended by 2019, 346:61, I, as amended by 2021, 91:404, as amended by 2023, 79:198, to read as follows:
I. Section 5 of this act shall take effect July 1, [2025] 2027.
141:49 Health and Human Services; Graduate Medical Education Payments Suspended.
The commissioner of the department of health and human services shall submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to suspend the provision of direct and indirect graduate medical education payments to hospitals as provided in 42 C.F.R. section 413.75 for the biennium ending June 30, 2027. Upon approval of the state plan amendment, and as of the effective date of the state plan amendment, any obligations for payment of direct and indirect graduate medical education shall be suspended for the biennium ending June 30, 2027.
141:50 Health and Human Services; Suspension of Catastrophic Aid Payments to Hospitals. The commissioner of the department of health and human services shall submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to suspend all catastrophic aid payments to hospitals effective for the biennium ending June 30, 2027.
141:51 Department of Health and Human Services; Division of Medicaid Services. Any funds appropriated to activity 05-95-47-470010, division of Medicaid services, for the biennium ending June 30, 2025, shall not lapse until June 30, 2027, and shall be treated as restricted revenue for the purpose of funding expenditures in account 05-95-47-470010-7948, Medicaid care management. The department of health and human services is authorized to accept and expend any matching federal funds for the purposes of this section without prior approval of the fiscal committee of the general court.
141:52 Effective Date. Section 51 of this act shall take effect June 30, 2025.
141:53 Appropriation; WIC Farmers' Market Nutrition Program. There is hereby appropriated to the department of health and human services the sum of $15,000 in the fiscal year ending June 30, 2026, and the sum of $15,000 in the fiscal year ending June 30, 2027, for the purpose of funding the WIC farmers' market nutrition program in RSA 132:12-f. The department is authorized to accept and expend any matching federal funds without the prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:54 New Paragraph; Gifts to the State. Amend RSA 4:8 by inserting after paragraph II the following new paragraph:
III. Notwithstanding paragraph I, the commissioner of the department of health and human services may accept gifts of personal property valued at $1,000 or less for the benefit of New Hampshire hospital, Hampstead hospital residential treatment facility, Glencliff home, and the New Hampshire youth development center.
141:55 Department of Health and Human Services; Unclassified Positions Established.
I. There are hereby established 2 unclassified supervising regional attorney positions in the department of health and human services.
II. The salary of the unclassified positions established in paragraph I shall be in accordance RSA 94:1-a, I.
III. The incumbents in the classified positions, establish by 2024, 377:8 shall be offered the opportunity to transfer into the unclassified positions established in paragraph I.
IV. The classified positions established by 2024, 377:8 shall be abolished on June 30, 2027, or upon transfer of the incumbents in accordance with paragraph III, whichever is sooner.
141:56 Congregate Housing; Appropriation. The sum of $350,000 for the fiscal year ending June 30, 2026, and the sum of $350,000 for the fiscal year ending June 30, 2027, are hereby appropriated to the department of health and human services for the purpose of funding congregate housing provided for under the Medicaid waiver pursuant to RSA 151-E and congregate services provided for in RSA 161-F:37. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:57 Department of Health and Human Services; Positions Established; Staffing. Amend the introductory paragraph of RSA 126-A:9, I to read as follows:
I. There shall be established within the department the following unclassified positions[, in addition to existing unclassified positions and positions established in paragraph II of this section].
141:58 Department of Health and Human Services; Positions Established; Staffing. Amend RSA 126-A:9, II(b) to read as follows:
(b) The commissioner shall appoint a person to each unclassified position [established pursuant to subparagraph (a)] authorized by the legislature. Any [vacancy] vacant position not established under paragraph I shall be filled in the same manner as the original appointment. The annual salary of such unclassified employees shall be as prescribed in RSA 94:1-a and RSA 94:3-b, II. The provisions of RSA 21:33-a shall not apply to appointments made under this subparagraph.
141:59 Repeal; Mental Health Medical Supervisor Position. RSA 126-A:9, I(c), relative to appointment of an unclassified mental health medical supervisor, is repealed.
141:60 Department of Health and Human Services; General Provisions; Drug Prescriptions. Amend RSA 126-A:3, V to read as follows:
V. Pharmacists shall substitute generically equivalent drug products for all legend and non-legend prescriptions paid for by the department of health and human services, [including the Medicaid program,] unless the prescribing practitioner specifies that the brand name drug product is medically necessary. Such notification shall be in the practitioner's own handwriting or as otherwise authorized by law or regulation and shall be retained [in the pharmacist's file] by the pharmacy. Pertaining to Medicaid, pharmacists shall dispense brand name drug products to Medicaid beneficiaries when the brand name drug product is listed on the department’s Medicaid preferred drug list, and not substitute generically equivalent drugs. The provisions of paragraph III shall not apply to the dispensing by a pharmacy for medical assistance reimbursement for legend and non-legend drugs. The commissioner, in consultation with pharmacy providers, shall establish medical assistance reimbursement for legend and non-legend drugs. For Medicaid fee for service [clients] beneficiaries, no prior authorization [for generically equivalent drugs shall be required] shall be required for generic drug products unless the drug class is recommended by the drug utilization review board for clinical appropriateness and safety utilization review.
141:61 New Paragraph; Public Health; Department of Health and Human Services; General Provisions. Amend RSA 126-A:3 by inserting after paragraph V the following new paragraph:
V-a.(a) When deemed medically necessary and cost effective by the department of health and human services’ chief medical officer, a standing order may be issued by the chief medical officer for certain Medicaid covered over-the-counter (non-legend) medications, medical supplies, and laboratory tests. Such standing order shall be reviewed annually by the chief medical officer for continuation or discontinuation of the standing order.
(b) The chief medical officer’s standing order, as provided in subparagraph (a), shall also permit non-Medicaid recipients to obtain over-the-counter (non-legend) medications, medical supplies, and laboratory tests pursuant to the standing order. Nothing in this paragraph shall prohibit insurers from applying appropriate medical management techniques or require insurers to pay for the cost of these items unless expressly stated by the insurer's terms of coverage.
(c) No health care professional, acting in good faith and with reasonable care, who issues a standing order, or who dispenses, or distributes over-the-counter (non-legend) medications, medical supplies, or laboratory tests by standing order shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this paragraph or any outcome resulting from an action authorized by this paragraph.
141:62 Developmental Services; Pilot Program Limited to Current Enrollment. Amend 2022, 272:9, VII as amended by 2023, 79:548 to read as follows:
VII. There is hereby appropriated to the department of health and human services the sum of $2,800,000, for the fiscal year ending June 30, 2023, for the purpose of implementing the pilot program plan or the pilot itself, for developmental services established in this section. This appropriation shall not lapse until June 30, 2025. Additionally, the department may accept and expend any applicable federal funds, and any gifts, grants, or donations that may be available for the purposes of the pilot program. [In the event of any remaining funds not otherwise expended after reaching the cap of serving 20 eligible individuals under the pilot program, the department may allocate funding and provide services to additional eligible individuals.] The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:63 Developmental Services; Pilot Program; Appropriation. There is hereby appropriated to the department of health and human services the sum of $1,000,000 for the biennium ending June 30, 2027, for the purpose of continuing services for those enrolled in the developmental services pilot program established in 2022, 272:9. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. The department is authorized to accept and expend any available federal funds or gifts, grants, or donations for this purpose without prior approval of the fiscal committee of the general court.
141:64 Expanding Access to Court-appointed Counsel for Children in Dependency Proceedings; Prospective Effective Date Extended. Amend 2024, 296:6 to read as follows:
296:6 Effective Date.
I. Sections 3 and 5 of this act shall take effect August 1, 2026.
II. The remainder of this act shall take effect [July 1, 2025] January 1, 2026.
141:65 Department of Health and Human Services; Pharmacy Copays; Medicaid Program. The department of health and human services shall file a Medicaid state plan amendment on or before January 1, 2026, to increase the prescription drug copay amount to $4, subject to federal limitations on cost sharing and eligibility limitations.
141:66 Department of Health and Human Services; Medicaid Managed Care. The department of health and human services is hereby directed to complete no more than one Medicaid rate filing with the Centers for Medicare and Medicaid Services each state fiscal year for the biennium ending June 30, 2027.
141:67 New Section; New Hampshire Granite Advantage Health Care Program; Premiums Established. Amend RSA 126-AA by inserting after section 2 the following new section:
126-AA:2-a New Hampshire Granite Advantage Health Care Program; Premiums Established. The department of health and human services shall file a Medicaid waiver and state plan amendment, if necessary, on or before July 1, 2026, to institute premiums, as provided in this section, for individuals participating in the granite advantage health care program who have income at or above 100 percent of the federal poverty level, subject to federal limitations on cost sharing and eligibility limitations. The premium amount shall be based on a portion of the cost of the services and the program, and shall not vary based on the participant’s income. The department shall develop hardship criteria in administering these premiums.
I. For the biennium ending June 30, 2027, monthly premium amounts for individuals participating in the granite advantage health care program shall be:
(a) Household size of one: $60 per month.
(b) Household size of 2: $80 per month.
(c) Household size of 3: $90 per month.
(d) Household size of 4 or more: $100 per month.
II. Beginning in fiscal year 2028, the commissioner shall adopt rules under RSA 541-A, to establish monthly premiums for individuals participating in the program in accordance with this section.
141:68 New Paragraph; Department of Health and Human Services; Children's Health Insurance Program; Premiums Established. Amend RSA 126-A:3 by inserting after paragraph VIII the following new paragraph:
IX. The commissioner shall file a Medicaid state plan amendment on or before January 1, 2026, to institute premiums, as provided in this paragraph, for households with children enrolled in Medicaid with income at or above 255 percent of the federal poverty level, subject to federal limitations. The premium amount shall be based on a portion of the cost of the services and the program, and shall not vary based on the participant’s income. The premium shall only apply to Medicaid and shall not apply to waiver services. The department shall develop hardship criteria in administering these premiums.
(a) For the biennium ending June 30, 2027, monthly premium amounts for households with children enrolled in Medicaid with income at or above 255 percent of the federal poverty limit shall be:
(1) Household size of 2: $190 per month.
(2) Household size of 3: $230 per month.
(3) Household size of 4 or more: $270 per month.
(b) Beginning in fiscal year 2028, the commissioner shall adopt rules under RSA 541-A to establish monthly premiums for households with children enrolled in Medicaid in accordance with this paragraph.
141:69 Report Required; Department of Health and Human Services. The department of health and human services shall submit, for the premiums established in sections 67 and 68 of this act, a report on the department's success in collecting said premiums as well as the impact of the premiums on Medicaid enrollment. The first report shall be submitted by January 1, 2026, to the speaker of the house of representatives, the president of the senate, and the chairs of the senate health and human services committee and the house of representatives health, human services, and elderly affairs committee. The department shall provide an updated report to the speaker of the house of representatives, the president of the senate, and the chairs of the senate health and human services committee and the house of representatives health, human services, and elderly affairs committee every 6 months.
141:70 Department of Health and Human Services; Medicaid Eligibility. To restore income verification for Medicaid redetermination to pre-public health emergency income verification standards for the biennium ending June 30, 2027, the department of health and human services shall allow the federal public health emergency Social Security Act Section 1902e(14)(A) waiver authorities to expire effective June 30, 2025.
141:71 Department of Health and Human Services; Appropriation; Child Care Scholarship Program. To avoid a waitlist for the New Hampshire child care scholarship program, the commissioner of the department of health and human services may request, with prior approval of the fiscal committee of the general court, that the governor and council authorize additional funding. If approved by governor and council, the governor is authorized to draw a warrant for said sum out of any money in the treasury otherwise not appropriated.
141:72 Department of Information Technology; Salary Grades for Certain Positions. Amend the following positions in RSA 94:1-a, I(b) to read as follows:
GG Department of information technology director, user services division
GG Department of information technology director, user experience division
GG Department of information technology assistant director, [agency software division] business relationship management division
HH Department of information technology director, business relationship management division
HH Department of information technology director, infrastructure and operations division
141:73 Department of Justice; Division of Legal Counsel. Amend RSA 7:8-b to read as follows:
7:8-b Division of Legal Counsel.
I. There is hereby established, within the office of the attorney general, a division of legal counsel. The division shall be supervised by an associate attorney general appointed under RSA 7:16.
II. The division of legal counsel shall consist of the following units:
(a) A bureau of civil law.
(b) [A transportation and construction bureau.] A public safety and infrastructure bureau, as provided in RSA 21-M:12.
(c) [An office of the solicitor general.] A civil rights unit, which shall be responsible for enforcing the New Hampshire Law Against Discrimination and the New Hampshire Civil Rights Act, bringing civil enforcement actions on behalf of the public to redress discriminatory acts and civil rights violations, and enforcing any other state or federal antidiscrimination laws that authorize the attorney general to enforce them.
(d) A charitable trusts unit, which shall be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 7:32-a.
(e) An election law unit, which shall be responsible for enforcing violations of New Hampshire election laws under RSA 7:6-c and the Uniform Law on Notarial Acts.
[III. The division shall also be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 7:32-a.]
141:74 Department of Justice; Division of Legal Counsel. Amend RSA 21-M:7 to read as follows:
21-M:7 Division of Legal Counsel.
I. There is established within the department a division of legal counsel. The division shall be supervised by an associate attorney general appointed under RSA 21-M:3.
II. The division of legal counsel shall consist of the following units:
(a) A bureau of civil law.
(b) A public safety and infrastructure bureau, as provided in RSA 21-M:12.
(c) A civil rights unit, which shall be responsible for enforcing the New Hampshire Law Against Discrimination and the New Hampshire Civil Rights Act.
(d) A charitable trusts unit, which shall be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 7:32-a.
(e) An election law unit, which shall be responsible for enforcing violations of New Hampshire election laws under RSA 7:6-c and the Uniform Law on Notarial Acts.
[III. The division shall also be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 32-a.]
141:75 Repeal; Bureau of Civil Law; Regulation of Charitable Trusts. RSA 21-M:11, II(c), relative to responsibility for the regulation of charitable trusts by the bureau of civil law, is repealed.
141:76 Department of Justice; Private Practice Prohibited. Amend RSA 7:6-d to read as follows:
7:6-d Private Practice Prohibited. The attorney general, deputy attorney general, assistant attorneys general and all attorneys employed by the department of justice shall not directly or indirectly engage in the private practice of law, nor shall they accept any fees or emoluments other than their official salaries for any legal services. Private practice of law shall not include the provision of legal services without charge to the members of an attorney's family when the same shall not conflict with the attorney's official duties. The provisions of this section shall not apply to [the director of charitable trusts, nor to] special counsel retained by the attorney general.
141:77 Director of Charitable Trusts; Authority. Amend RSA 7:19, I to read as follows:
I. RSA 7:19 through [32-a] 7:32-b inclusive shall apply to all trustees holding property for charitable purposes and to all persons soliciting for charitable purposes or engaging in charitable sales promotions; and the attorney general shall have and exercise, in addition to all the common law and statutory rights, duties and powers of the attorney general in connection with the supervision, administration and enforcement of charitable trusts, charitable solicitations, and charitable sales promotions, the rights, duties and powers set forth in RSA 7:19 through [32-a] 7:32-b inclusive. The attorney general shall also have the authority to prepare and maintain a register of all charitable trusts heretofore or hereafter established or active in this state. However, this subdivision does not apply to the United States; any state, territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico or to any of their agencies or governmental subdivisions or to any religious organization which holds property for charitable or religious purposes or their integrated auxiliaries or to conventions or associations of churches.
141:78 Attorney General; Enforcement of the Election Laws. Amend RSA 7:6-c, I to read as follows:
I. Upon receipt of a signed written complaint, or upon his or her own motion, the attorney general may in his or her discretion, conduct investigations to determine whether any violation of the election or lobbying laws has occurred and may prosecute anyone responsible for such a violation. In conducting an investigation under this section the attorney general may enlist the aid of the county attorneys, the state police, and other public officers. In the exercise of his or her powers and duties under this section, the attorney general may hold hearings and require the attendance of individuals by the use of subpoena and may require the production of books, documents, records, and other tangible goods by use of subpoena duces tecum. Any testimony required by the attorney general at a hearing which he or she is empowered to hold under this section shall be given under oath. The attorney general shall maintain records of complaints and investigations of alleged violations of the election laws.
141:79 Education; School Money; Education Trust Fund Created and Invested. Amend RSA 198:39, I(m)-(n) to read as follows:
(m) To distribute payments to education service providers on behalf of school districts for children with disabilities in certain court ordered placements [or placements for an episode of treatment] pursuant to RSA 186-C:19-b.
(n) To distribute payments to providers for costs of special education and education services related to an episode of treatment pursuant to RSA 193:27, VII.
(o) To distribute grants for leased space to approved chartered public schools pursuant to RSA 198:15-hh.
(p) To fund grants from the public school infrastructure fund under RSA 198:15-y.
(q) To fund department of education operating costs, as authorized under RSA 198:39, III.
141:80 Education; School Money; Education Trust Fund Created and Invested. Amend RSA 198:39, IV to read as follows:
IV. The education trust fund shall be nonlapsing, except for at the close of each biennium, any surplus in excess of $20,000,000, as determined by the official audit performed pursuant to RSA 21-I:8, II(a), shall be transferred by the comptroller to the general fund. The state treasurer shall invest that part of the fund which is not needed for immediate distribution in short-term interest-bearing investments. The income from these investments shall be returned to the fund.
141:81 Chartered Public Schools; Funding. Amend RSA 194-B:11, I(c) to read as follows:
(c) The [commissioner of the] department of education shall calculate and distribute chartered public school tuition payments as set forth herein. The first payment shall be 30 percent of the per pupil amount multiplied by the number of eligible pupils enrolled and present on the first day of the current school year. Such payment shall be made no later than 15 days after the department of education receives the [attendance] approved enrollment report. The December 1 payment shall be 30 percent of the per pupil amount multiplied by the membership on [November] October 1, and the March 1 payment shall be 30 percent of the per pupil amount multiplied by the membership on February 1. To calculate the final payment, [the commissioner of] the department of education shall multiply the per pupil amount by the average daily membership in attendance for the full school year, and subtract the total amount of the first 3 payments made. The remaining balance shall be the final payment. Eligible chartered public schools shall report membership in accordance with RSA 189:1-d. In this subparagraph, "membership" shall be as defined in RSA 189:1-d, II. Tuition amounts shall be prorated on a per diem basis for pupils attending a school for less than a full school year. The average daily membership in attendance for the Virtual Learning Academy Charter School shall be calculated by converting each credit completed into an average daily membership metric utilizing the basis that 12 half-credits equal 1.0 average daily membership. No full-time enrolled pupil at the Virtual Learning Academy Charter School shall have an average daily membership that exceeds 1.0.
141:82 New Subparagraph; Chartered Public Schools; Funding. Amend RSA 194-B:11, I by inserting after subparagraph (e) the following new subparagraph:
(f) The first 3 payments made pursuant to subparagraph (c) to the Virtual Learning Academy Charter School shall be made based on the estimated end of year full-time student and full-time equivalent student average daily membership in attendance calculation. The department may make a May 1 payment distribution to the Virtual Learning Academy using the most current data to ensure the Virtual Learning Academy Charter School receives an estimated 90 percent of adequacy distribution before the end of the fiscal year. The department of education may adjust down the December 1 or March 1 payment on the estimated average end of year enrollment during the school year for any charter school with a 20 percent or greater enrollment decline after the first day of school.
141:83 Determination of Education Grants. Amend RSA 198:41, VI to read as follows:
VI. [When final determination year data is available, but not later than April 1,] The department shall make a final determination of grant amounts by October 1. A municipality's grant estimate shall not be less than 95 percent of the estimate reported pursuant to paragraph IV. The department shall adjust the April grant disbursement required pursuant to RSA 198:42 so that the total amount disbursed for the fiscal year shall match the final grant determination.
VI-a. The final determination of the grant amount can be modified after October 1 after a vote in the affirmative by the state board under the following conditions:
(a) The department or a school district petitioned the state board to modify the October 1 grant determination prior to January 15 of the same fiscal year and the state board votes in the affirmative to accept the petition by February 15;
(b) The change being considered within the scope of the petition shall have a total adequacy dollar impact greater than $10,000 for at least one municipality; and
(c) The petition specifically identifies the municipality or municipalities requiring change in the final grant amount and the amount being modified.
141:84 Adequate Representation for Indigent Defendants in Criminal Cases; Services Other Than Counsel. RSA 604-A:6 is repealed and reenacted to read as follows:
604-A:6 Services Other Than Counsel.
I. In any criminal case in which counsel has been appointed to represent a defendant who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense in his or her case, counsel may apply therefor to the court, and, upon finding that such services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the defendant. The court may, in the interests of justice and upon finding that timely procurement of necessary services could not await prior authorization, ratify and approve such services after they have been obtained. The court shall determine reasonable compensation for the services and direct payment upon the filing of a claim for compensation supported by an affidavit specifying the time expended, the nature of the services rendered, the expenses incurred on behalf of the defendant, and the compensation, if any, received in the same case for the same services from any other source.
II. The administrative judges of the circuit and superior court may designate classes of routine, necessary services, under $1,500 per service, that are not subject to the procedure above. Invoices classified as routine and necessary may be submitted directly to the judicial council for review and payment. These invoices shall include a certification by the attorney assigned to the case that the services were necessary to representation in the matter that the attorney was assigned to.
III. The executive director of the judicial council may, upon review of any particular invoice, decline to process such invoice without judicial review, and may direct the attorney to go through the process outline in paragraph I.
IV. Vendor invoices and certifications under this section will be retained by the judicial council.
V. Any indigent defendant appearing pro se may seek services as outlined in paragraph I.
141:85 Contract Services. Amend RSA 604-A:6-a to read as follows:
604-A:6-a Contract Services. The state of New Hampshire, by the judicial council and with the approval of governor and council, may, within the limits of appropriations, contract with qualified firms or individuals in the state to provide stenographic, interpretation, translation, transportation, investigation, and psychological, psychiatric, mental health, and substance abuse evaluations and clerical services where, pursuant to RSA 604-A:6, the defendant has been found to be eligible for such services. The executive director of the judicial council shall authorize payments to such individuals and firms as provided for under this section.
141:86 Compensation of Counsel. Amend RSA 604-A:4 to read as follows:
604-A:4 Compensation of Counsel.
I. [Subject to the provisions of RSA 604-A:6,] Counsel appointed pursuant to this chapter to represent the defendant, at the conclusion of the representation or any segment thereof, shall be reasonably compensated therefor and shall be reimbursed for expenses reasonably incurred. A separate claim for compensation and reimbursement shall be made to each court before which the counsel represented the defendant. Each claim shall be supported by a written statement specifying the time expended, services rendered and expenses incurred while the case was pending before the court. Each court before which the counsel represented the defendant shall fix the compensation and reimbursement to be paid the counsel for services rendered and expenses incurred while representing the defendant in proceedings before the court; however, no justice shall approve any unreasonable or unnecessary charge.
II. The administrative judges of the circuit and superior court may order that any invoice for fees that falls within the limits of the supreme court rules governing assigned counsel may be submitted directly to the judicial council for review and payment.
III. The executive director of the judicial council may, upon review of any particular invoice, decline to process such invoice without judicial review, and may direct the attorney to go through the process outline in paragraph I.
IV. Vendor invoices and certifications under this section shall be retained by the judicial council.
141:87 New Section; Protective Legislation; Payment of Wages; Wage Claim Settlement Account. Amend RSA 275 by inserting after section 53 the following new section:
275:53-a Wage Claim Settlement Account. A special fund is hereby established in the state treasury for the purpose of receiving and distributing wages in accordance with RSA 275:53, II. The commissioner shall administer the fund. The state treasurer shall be the custodian of the fund, and all moneys in the fund shall be held in trust by the state treasurer and shall not constitute money or property of the state.
141:88 New Subparagraph; Wage Claim Settlement Account. Amend RSA 6:12, I(b) by inserting after subparagraph (399) the following new subparagraph:
(400) Moneys deposited in the wage claim settlement account fund established pursuant to RSA 275:53-a.
141:89 Repeal. RSA 281-A:30, relative to the special fund for active cases, is repealed.
141:90 Effective Date. Section 89 of this act shall take effect September 1, 2025.
141:91 Workers Compensation; Hearings and Awards. Amend RSA 281-A:43, II to read as follows:
II. A decision of the commissioner, the commissioner's authorized representative, or the board shall take effect and shall become final, in the absence of an appeal from it, 30 days from the date of the decision. Payment of weekly compensation and entitlement to medical and vocational benefits, if necessary and so ordered by the commissioner or the board, shall begin or continue as soon as possible, but no later than 5 working days after [the decision's effective date] issuance of the decision, and shall not be terminated except in accordance with the terms of the decision or of a final court determination. If the commissioner determines that the employer or carrier has failed to comply with any order, then the commissioner may assess a penalty not to exceed $100 for each day of noncompliance, beginning on the date of notification of its assessment. Upon continued failure to comply with an order to make payment of the compensation or medical benefits, or to institute vocational rehabilitation, or to pay the penalty, or any combination thereof, the commissioner shall petition the superior court for an injunction to comply. The commissioner shall deposit into the department of labor restricted fund established in RSA 273:1-b any penalty collected under this section.
141:92 Workers Compensation; Appeals Board; Composition. Amend RSA 281-A:42-a, I to read as follows:
I. There is established a compensation appeals board. [Until January 1, 2024,] The board shall consist of a pool of [33] 27 members, of which [11] 9 members shall represent labor, [11] 9 members shall represent employers or workers' compensation insurers and [11] 9 members shall be attorneys who shall be neutral. [On January 1, 2024, the commissioner shall identify 2 seats from each of the 3 sectors that are vacant or of an expired term, and eliminate those seats, reducing the entire pool to 27 members in total.] Members of the board shall be appointed by the governor and council from a list of nominees submitted by the commissioner. The commissioner shall submit at least 2 nominees for each vacancy to be filled. Any person appointed by the governor and council who is not qualified or who ceases to be qualified in the capacity in which such person is serving on the appeals board shall be replaced by the governor and council. Terms of board members shall be 3 years, except the initial appointments shall be staggered so that no more than 1/3 of the members' terms shall expire in the same year. Members of the board shall have at least 5 years' experience in the area of workers' compensation or human resources or administrative law. As a condition to maintaining eligibility to hear appeals, board members shall have at least 10 hours annually of training and briefing in the area of workers' compensation and relevant disciplines. The commissioner, or designee, with the assistance of the attorney general's staff shall supervise and approve the training. The commissioner shall have the authority to suspend the eligibility of any member of the board who is not in compliance with such annual training requirements, and to reinstate such member's eligibility upon compliance. The commissioner may suspend from active participation any board member who fails to render a decision or order within 30 days of the hearing as required by RSA 281-A:43, I(b). The commissioner may rescind the suspension once the board member is in compliance with RSA 281-A:43, I(b). Appeals from a decision of the commissioner or the commissioner's representative shall be heard de novo by a 3-member panel, composed of an attorney who shall serve as chair, one member representing labor and one member representing employers or workers' compensation insurers. At least 2 like votes shall be necessary for a decision by the panel. The board shall hear appeals, in accordance with RSA 281-A:43, I(b), from the decisions of the commissioner made pursuant to RSA 281-A:43. No person who is an interested party or an employee of an interested party shall participate as a member of the panel. The board shall conduct its proceedings in such a manner as to ensure a fair and impartial hearing.
141:93 Confidentiality of Workers Compensation Claims. Amend RSA 281-A:21-b to read as follows:
281-A:21-b Confidentiality of Workers' Compensation Claims. Proceedings and records of the department of labor and the compensation appeals board with respect to workers' compensation claims under RSA 281-A shall be exempt from RSA 91-A. Nothing in this section shall prohibit the department of labor or the compensation appeals board from releasing information on a person's claim or claims to the person, the person's legal representative, attorney, health care providers, employer, the employer's workers' compensation insurer, the attorneys for the employer or employer's insurer, or state and federal agencies with relevant jurisdiction. Notwithstanding the provisions of this section, information relating to a person's claim or claims may be released to other parties only with the prior written permission of the claimant.
141:94 Department of Labor; Reports. Amend RSA 273:10 to read as follows:
273:10 Reports. [He] The labor commissioner shall transmit to the legislature a report upon these matters when [he] the labor commissioner shall deem the occasion of sufficient importance, with such recommendations as [he] the labor commissioner shall think advisable. [He] The labor commissioner shall biennially make a report of the proceedings of the department of labor to the governor and council, containing the transactions of the office and such other matters and recommendations as [he] the labor commissioner shall deem proper.
141:95 Workers Compensation; Hearings and Awards. Amend RSA 281-A:43, I(a) to read as follows:
I.(a) In a controversy as to the responsibility of an employer or the employer's insurance carrier for the payment of compensation and other benefits under this chapter, any party at interest may petition the commissioner in writing for a hearing and award. The petition shall be sent to the commissioner at the department's offices in Concord and shall set forth the reasons for requesting the hearing and the questions in dispute which the applicant expects to be resolved. The commissioner or the commissioner's authorized representative shall schedule a hearing, either in Concord or at a location nearest the employee as determined by the commissioner, by fixing its time and place and giving notice at least 14 days prior to the date for which it is scheduled. The hearing date shall be set for a time not to exceed 6 weeks from the date the petition was received. In those instances where an expedited hearing is requested, the petition for hearing shall set forth the facts in sufficient detail to support the request for an expedited hearing. The commissioner, or his or her authorized agent shall, in his or her discretion, determine whether the need exists for an expedited hearing. Any requests for an expedited hearing shall be periodically reviewed by the commissioner to determine whether such requests are given proper attention. The commissioner shall also identify any overutilization by the requesting parties and responses given to such requests by the commissioner. An annual report of the expedited requests, responses, the number of continuances, the reasons for such continuances, the number of requests for hearing, and the time within which the hearings were held shall be made annually to the advisory council established in RSA 281-A:62. The notice may be given in hand, via first class mail, or, [upon consent of the parties,] by electronic transmission to any party with that party's consent. Continuances of any hearing are discouraged; however, should a continuance be necessary, the parties requesting such continuance shall file with the department a written petition for such continuance at least 7 days prior to the hearing. Failure to file such a petition shall bar any right to a continuance. Thereafter, a continuance may only be granted upon the commissioner's finding that a compelling need exists so as to require a continuance. At such hearing, it shall be incumbent upon all parties to present all available evidence and the person conducting the hearing shall give full consideration to all evidence presented. In addition, the person conducting the hearing shall freely and comprehensively examine all witnesses to determine the merits of the matter. Also, the person conducting the hearing may recess the hearing to a date certain and direct the parties, or either of them, to provide such further information that may be necessary to decide the matter. No later than 30 days after the hearing, the commissioner or the commissioner's authorized representative shall render a decision and shall forthwith notify the parties of it. When appropriate, the commissioner, or his or her authorized representative, may render a decision at the hearing. Unless excused for good cause shown, or a party has not received notice, failure of any or all parties at interest to appear at a duly scheduled hearing or to petition for a continuance shall bar such parties from any further action concerning an adverse decision, a decision by default, or a dismissal of a petition for hearing and award. The commissioner, or his or her authorized representative, shall serve notice of a pending default, default decision, or dismissal of a petition for hearing and award on the defaulting party via certified mail, return receipt requested. Upon receipt of undeliverable certified mail, the commissioner, or his or her authorized representative, shall stay the proceedings for up to one year from the date of the receipt of undeliverable certified mail during which time the commissioner, or his or her authorized representative, shall make all reasonable attempts to provide notice to the defaulting party. If notice cannot be provided within one year, the commissioner, or his or her authorized representative, shall render a decision in favor of the non-defaulting party.
141:96 Elevator and Accessibility Lifts; Inspection Report and Certificates; Fee; Penalty. Amend RSA 157-B:5, I to read as follows:
I. Subsequent to the inspection of an elevator or accessibility lift, an inspector shall file with the commissioner an inspection report on a form prescribed by the commissioner indicating whether or not the elevator or accessibility lift is certifiable and shall provide a copy of the inspection report to the owner or the owner's designee. When an elevator or accessibility lift passes inspection, the commissioner shall furnish an [inspection certificate to its owner or the owner's designee on a form prescribed by the commissioner. A fee of $50 shall be charged for each certificate. If the fee is not paid within 30 days of the date on which the certificate is issued, the certificate shall be void.] invoice for a fee of $75 to the unit owner or designee. Upon receipt of the fee, the commissioner shall issue an inspection certificate to its owner or the owner's designee on a form prescribed by the commissioner, with a separate fee required for each certificate.
141:97 Labor Commissioner; Civil Penalties. Amend RSA 273:11-a, I to read as follows:
I. In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, unless specifically authorized to do so by another provision of law, as determined by the commissioner, for any violation of the provisions of, or any rule adopted pursuant to, this title, except RSA 273-A, RSA 273-C, and RSA 282-A. All moneys collected under this section shall be deposited into the department of labor restricted fund established in RSA 273:1-b.
141:98 New Subparagraphs; Labor Commissioner; Civil Penalties. Amend RSA 273:11-a, III by inserting after subparagraph (h) the following new subparagraphs:
(i) Failure to comply with RSA 281-A regarding the workers compensation law.
(j) Violations pursuant to RSA 276-A relative to youth labor laws.
141:99 New Hampshire Retirement System. The funds in accounting unit 1051 shall not lapse until June 30, 2027.
141:100 Department of Safety; General Fund Lapse to Fire Standards and Training and Emergency Medical Services Fund. Unspent general funds appropriated to the fire safety administration accounting unit 66310000 shall lapse to the fire standards and training and emergency medical services fund established in RSA 21-P:12-d, on June 30, 2026.
141:101 Effective Date. Section 100 of this act shall take effect on June 30, 2026.
141:102 Department of Safety; Prohibitions. Amend RSA 263:12, VI to read as follows:
VI. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated license to drive a motor vehicle unless specifically authorized by the director.
141:103 Department of Safety; Provision for Federal Identification Database Prohibited. Amend RSA 260:14-a, VIII to read as follows:
VIII. Notwithstanding any law to the contrary, the department may provide driver history records to a federal entity or their authorized agents for uses authorized in RSA 260:14, IV, RSA 260:14, IV-a, and RSA 260:14, V.
141:104 Department of Safety; Division of Fire Safety. Amend RSA 21-P:15-a to read as follows:
21-P:15-a Hazardous Materials Incident Response Coordinator. There is created within the department of safety, division of fire safety, the classified[, full-time] position of hazardous materials incident response coordinator. [The position shall be at labor grade 23.] The coordinator[ shall be appointed by the state fire marshal and] shall oversee the preparedness of the state's regional hazardous materials response teams as provided in RSA 21-P:12, III. During full-time service as hazardous materials incident response coordinator, the hazardous materials incident response coordinator shall be eligible to be a group II member, if he or she was a group II member or receiving a group II retirement allowance prior to being hired into this position.
141:105 Department of Safety; Division of Fire Standards and Training and Emergency Medical Services. Amend RSA 153-A:1, I to read as follows:
I. The general court declares that it is the policy of the state of New Hampshire to save lives and speed the healing of persons in need of medical services by providing an emergency medical and trauma services system that will bring an injured or sick person under the care of properly trained individuals in the shortest practical time, and that will provide safe transportation to the most appropriate treatment center prepared to receive the sick or injured person. It is the policy of the state of New Hampshire to [insure] ensure that the sick or injured person is safely transported in properly equipped vehicles which are designed to supply supportive care and which are able to communicate with medical treatment centers. [The use of properly licensed wheelchair vans for hire is to ensure that patients confined to a wheelchair are transported in equipped vehicles driven by personnel approved by the division.]
141:106 Department of Safety; Division of Fire Standards and Training and Emergency Medical Services. Amend RSA 21-P:12-b, II(f) to read as follows:
(f) License emergency medical care providers, emergency medical service units, emergency medical service instructor/coordinators, emergency medical service training agencies, [emergency medical services dispatchers,] and emergency medical service vehicles[, including wheelchair vans for hire].
141:107 Repeal. RSA 21-P:12-b, II(d), relative to division of fire standards and training and emergency medical services responsibility for a communications network for EMS units, is repealed.
141:108 Department of Safety; Chief of Policy and Planning. Amend RSA 21-P:5-b to read as follows:
21-P:5-b Chief of Policy and Planning. The commissioner of safety shall nominate a chief of policy and planning for appointment by the governor, with the consent of the council. The chief of policy and planning shall serve at the pleasure of the commissioner and shall be qualified to hold that position by reason of education and experience and shall perform such duties as are assigned. Notwithstanding RSA 100-A:3 or any other law to the contrary, membership in the retirement system shall be optional. If the incumbent opts to become a member of the retirement system, the incumbent may enroll as a group II member if he or she was a group II member or was receiving a group II retirement allowance prior to appointment.
141:109 Repeal. RSA 11:6, RSA 6:12, I(b)(134), RSA 624:16, V, and 1909, 131, relative to the Benjamin Thompson trust fund, are repealed.
141:110 Budget and Appropriations; Revolving Funds. Amend RSA 9:16-a, II-a(e) to read as follows:
(e) The following classes shall not lapse in the first year of the operating budget: class 028-transfers to general services, class 040-indirect costs, class 041-audit funds set aside, class 042-additional fringe benefits, class 061-unemployment compensation, class 062-workers compensation, class 064-retiree pension benefit-health insurance, class-210 bond insurance, [and] class-211 property casualty insurance, class-043 debt service treasury, and class 044 debt service other agencies.
141:111 Repeal. RSA 31-A, relative to revenue sharing with cities and towns, is repealed.
141:112 Repeal. 2023, 79:512 and 2023, 79:513, relative to wastewater state aid grants, are repealed.
141:113 Record of Wells; Monitoring Wells. Amend RSA 482-B:10, I(c)(1) to read as follows:
(1) Coordinates provided by global positioning technology in units of decimal degrees [and decimal minutes] of latitude and longitude, with at least [3] 5 decimal places of precision and referenced to the World Geodetic System 1984 (WGS 84) datum or its successor;
141:114 Repeal. RSA 485-A:4, IX-a, relative to water pollution and waste disposal, is repealed.
141:115 Repeal. RSA 487:43, relative to aquatic invasive species decal, is repealed.
141:116 New Paragraph; Acquisition by State of Certain Dams and Water Rights; Acquisition Authorized. Amend RSA 482:48 by inserting after paragraph XI the following new paragraph:
XII. For a consideration of $1, the department of environmental services may accept an easement from the abutting property owners of all rights necessary for access, and to store equipment during repair, reconstruction, maintaining, and operation of Pequawket Dam in the Town of Conway, Horn Pond Dam in the Town of Wakefield, and Souhegan Site #35 in the Town of New Ipswich for the purpose of repairing and reconstructing these dams. The rights and easements the department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the easements are held by the state. Except for the $1 consideration, nothing in this paragraph shall mandate or authorize the expenditure of any funds or capital in relation to its provisions.
141:117 Department of Environmental Services; Commissioner; Assistant Commissioner; Directors; Chief Operations Officer; Compensation. Amend RSA 21-O:2, III(c) to read as follows:
(c) The commissioner shall, after consulting with the waste management council, nominate for appointment by the governor and council a director of waste management. Each nominee shall hold a baccalaureate or master's degree from a recognized college or university with major study in environmental sciences, chemistry, civil engineering, public health, public administration, or a related field, and have 5 years' experience in a high level supervisory or administrative position in a public or private agency engaged in waste management, environmental health, or a related discipline.
141:118 Department of Environmental Services; Air Resources Council. Amend RSA 21-O:11, I to read as follows:
I. There is hereby established an air resources council which shall be composed of 11 members, including one representing the [steam power] electric generating industry; one representing the oil industry; one representing the natural gas industry; one representing the renewable energy industry; one representing the manufacturing component of industry; one representing the field of municipal government; and [6] 5 members appointed at large who shall represent the public interest, one of whom shall be[ a licensed practicing physician or other health care professional possessing expertise in the field of public health and the health-related impacts of air pollution] in the field of public health, one of whom shall represent the field of recreation, and at least one of whom shall represent environmental interests. The council members who shall represent the public interest may not derive any significant portion of their income from persons subject to permits or enforcement orders, and may not serve as attorney for, act as consultant for, serve as officer or director of, or hold any other official or contractual relationship with any person subject to permits or enforcement orders. All potential conflicts of interest shall be adequately disclosed. The members shall be residents of the state and shall be appointed by the governor with the consent of the executive council. Each member shall serve for a term of 4 years.
141:119 Department of Environmental Services; Waste Management Council. Amend RSA 21-O:9, I-II to read as follows:
I. There is established a waste management council consisting of the following, appointed by the governor and council, each of whom shall serve a 4-year term:
(a) A chairman, representing the public interest;
(b) Three municipal officials, at least 2 of whom shall be elected officials, representing the public interest[, nominated by the New Hampshire Municipal Association];
(c) An expert in public health, representing the public interest;
(d) A local conservation commission member, representing the public interest[, nominated by the New Hampshire Association of Conservation Commissions];
(e) A professor or assistant professor of environmental science or sanitary engineering, representing the public interest;
(f) A representative of the private waste management industries;
(g) A licensed sanitary or environmental engineer from private industry;
(h) A representative of the municipal public works field;
(i) A representative of the business or financial communities;
(j) [Repealed.]
(k) A representative of communities which recycle or recover solid waste, representing the public interest[, nominated by the New Hampshire Resources Recovery Association]; and
(l) A representative of private industries that generate hazardous waste.
II. One member of the council shall be elected vice chairman by the members of the council. When the chairman is absent, it shall be the duty of the vice-chairman to assume and administer the duties of the chairman. All members shall be New Hampshire residents. The members representing the public interest shall not have any official or contractual relationship with, or receive any significant portion of their income from, any person subject to division of waste management permits or enforcement orders. Members shall disclose all potential conflicts of interest, and shall not vote on matters in which they have a direct interest. The council may elect other officers.
141:120 Department of Environmental Services; Water Council. Amend RSA 21-O:7, I(a) to read as follows:
(a) Thirteen of the members shall be public members appointed by the governor, with the consent of the council, who shall serve for terms of 4 years. Of these members, 2 shall represent the industrial interests of the state; one shall represent the vacation home or private recreational interests of the state; one shall represent the agricultural interests of the state; one shall be an employee of any municipal or privately-owned waterworks in the state; one shall be a representative of the septage hauling industry[, nominated by the New Hampshire Association of Septage Haulers]; one shall be a member of a statewide nonprofit conservation or environmental organization; one shall be a treatment plant operator; one shall be a designer or installer of septic systems[, nominated by the Granite State Designers and Installers Association]; one shall represent a New Hampshire rivers council[, nominated by the New Hampshire Rivers Council], and one shall represent a New Hampshire lakes association[, nominated by the New Hampshire Lakes Association]. The 2 remaining members shall be appointed and commissioned respectively as the chairman and vice chairman of the council;
141:121 Department of Environmental Services; Wetlands Council. Amend RSA 21-O:5-a, I(f) to read as follows:
(f) Eight members of the public appointed by the governor and council for a term of 3 years or until a successor is chosen. One of these shall be a member of a municipal conservation commission at the time of appointment[, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Commissions]; one shall be a supervisor, associate supervisor, former associate supervisor, or former supervisor, of a conservation district at the time of appointment[, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Districts]; one shall be a municipal official other than a member of the conservation commission at the time of appointment[, and be nominated by the New Hampshire Municipal Association]; one shall be a natural resource scientist[ and be one of 3 nominees submitted by the New Hampshire Association of Natural Resource Scientists]; one shall be a member of the construction industry[ and be one of 3 nominees submitted by the Associated General Contractors of New Hampshire]; one shall be a member of the marine industry[ and be one of 3 nominees submitted by the New Hampshire Marine Trades Association]; one shall have experience in environmental protection and resource management at the time of appointment[ and be one of 4 nominees submitted, 2 each, by the New Hampshire Audubon Society and the Society for the Protection of New Hampshire Forests]; and one shall be a farm or forest landowner[ and be one of 2 nominees submitted, one each, by the New Hampshire Farm Bureau Federation and the New Hampshire Timberland Owners Association]. One member of the council shall be elected annually as chairperson by the members of the council.
141:122 Water Management and Protection; Water Pollution and Waste Disposal; Sewage Disposal Systems; Fees. Amend RSA 485-A:30 to read as follows:
485-A:30 Fees.
I. Any person submitting plans and specifications for a subdivision of land shall pay to the department a fee of [$300] $450 per lot. Said fee shall be for reviewing such plans and specifications and making site inspections. Any person submitting plans and specifications or an application for a permit by rule as provided in RSA 485-A:33, IV for sewage or waste disposal systems shall pay to the department a fee of [$290] $450 for each system. Said fee shall be for reviewing such plans and specifications or application for permit by rule, making site inspections, the administration of sludge and septage management programs, and establishing a system for electronic permitting for waste disposal systems, subdivision plans, and permits and approvals under the department's land regulation authority. The fees required by this paragraph shall be paid at the time said plans and specifications or application for permit by rule are submitted and shall be deposited in the subsurface systems fund established in paragraph I-b. For the purposes of this paragraph, the term "lot" shall not include tent sites or travel trailer sites in recreational parks which are operated on a seasonal basis for not more than 9 months per year.
I-a. In addition to fees required under paragraph I, any person submitting plans and specifications or an application for a permit by rule as provided in RSA 485-A:33, IV for sewage or waste disposal systems shall pay to the department a fee of $10 for each system for use in the septage handling and treatment facilities grant program to municipalities under RSA 486:3, III. The fees required by this paragraph shall be paid at the time said plans and specifications or application for permit by rule are submitted and shall be deposited in the septage management fund established in paragraph I-c.
I-b. The fees collected under paragraph I shall be deposited in the water resources fund established in RSA 482-A:3, III for the purpose of paying all costs and salaries associated with the subsurface systems program and other land resources management programs.
I-c. There is hereby established the septage management fund [into which the fees collected under paragraph I-a shall be deposited]. The fund shall be a separate, nonlapsing fund, continually appropriated to the department for the purpose of paying costs associated with the septage handling and treatment facilities grant program or for research, engineering analysis, or septage sampling and analysis by the department to advance septage management in the state of New Hampshire.
II. [Repealed].
III. Any person submitting plans and specifications as a resubmission for reapproval of such shall not be required to pay any additional fee under RSA 485-A:30, I [or I-a] if changes to such plans and specifications would not constitute a new subdivision under the provisions of RSA 485-A:2, XIII.
141:123 Repeal. RSA 485-A:30, I-a, relative to fees for plans, specifications, and applications for permits by rule for sewage and waste disposal systems, is repealed.
141:124 Unfunded Positions; Authorization. Notwithstanding any other provision of law to the contrary, any executive branch department or agency may fill unfunded positions during the biennium ending June 30, 2027, provided that the total expenditures for such positions shall not exceed the amount appropriated for personnel and benefit services.
141:125 Highways and Other Public Works; Application for and Administration of Federal Aid. Amend RSA 124:4 to read as follows:
124:4 Application for and Administration of Federal Aid. Notwithstanding any other provision of law, the governor and council are hereby authorized to designate from time to time, as they may deem in the best interest of the state, the proper persons or agencies in the state government to take all necessary action to apply for, receive, and administer any federal benefits, facilities, grants-in-aid, or other federal appropriations or services made available to assist state activities, for which the state is, or may become eligible. All such moneys in excess of [$50,000] $100,000 made available, after designation by the governor and council, may be expended by the proper persons or agencies in the state government only with the prior approval of the joint legislative fiscal committee. In addition to such other instruments, documents, and agreements as may be executed under the authority of this section, such persons or agencies may execute indemnification agreements, with the approval of governor and council, in the name of the state with and for the benefit of the United States whenever such execution is required as a condition of receipt of such federal assistance.
141:126 Appropriations; Transfers Authorized. Amend RSA 9:16-a, I to read as follows:
I. Notwithstanding any other provision of law, every department as defined in RSA 9:1 is hereby authorized to transfer funds within and among all accounting units within said department, with the approval of the commissioner of the department of administrative services, provided that any transfer of $100,000 or more shall require prior approval of the fiscal committee of the general court and the governor and council, and provided that no funds may be transferred in violation of the provisions of RSA 9:17-a, 9:17-b, 9:17-c, or 9:17-d or in violation of any restrictions otherwise provided by law. The restrictions included in RSA 9:17-a, 9:17-b, 9:17-c, or 9:17-d shall not apply if a transfer is necessary to satisfy a federal maintenance of effort requirement to ensure the receipt of federal funds.
141:127 Bridges House Special Account; Establishing the Bridges House Special Account Fund. Amend RSA 4:9-s to read as follows:
4:9-s Establishing the Bridges House Special Account Fund. There is hereby established in the state treasury the bridges house special account fund. [The funds may be comprised of] The governor is authorized to accept public funds, gifts, grants, donations or any other source of funds, [and] which shall be used for the purposes of the care, maintenance, repair of, and additions to, the bridges house, or for any other relevant purpose deemed appropriate by the bridges house advisory board. The fund shall be non-lapsing and shall be continually appropriated to the department of administrative services.
141:128 Capital Project Overview Committee; Duties. Amend RSA 17-J:4 to read as follows:
17-J:4 Duties. The capital project overview committee shall review the status of capital [budget] projects both during and between legislative sessions. Each state agency with capital [budget] projects shall report to the department of administrative services, in the format the department of administrative services prescribes, for the quarters ending September 30, December 31, March 31, and June 30. The department of administrative services shall combine these reports and present the summarized report to the capital project overview committee for review quarterly on the first of November, February, May, and August. The department of administrative services, division of public works design and construction shall, within 90 days of the approval of funding for any capital [budget] project, submit a timeline or schedule for such project to the capital project overview committee for review.
141:129 General Provisions; Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property. Amend RSA 21-I:11, I(a)(6)(A)-(B)(i) to read as follows:
(A) Be sufficiently high to defray all administrative, warehousing, processing, distribution, and transportation costs incurred by the surplus distribution section and to allow the accumulation of a working capital reserve equal to the cost of [6] 3 months' operation of the surplus distribution section so that the operation of said section shall result in no expense to the state; and
(B) Be maintained by the treasurer in one of 2 separate, restricted funds:
(i) The surplus distribution section administrative assessments fund, into which shall be deposited funds received by the department by virtue of the disposition of surplus property and which shall be continually appropriated and nonlapsing; and
141:130 New Subparagraph; General Provisions; Division of Accounting Services. Amend RSA 21-I:8, I by inserting after subparagraph (h) the following new subparagraph:
(i) After exhausting any relevant appeal process, state agencies may use funds in existing class 60, or other appropriate budget class, to pay any penalties, fines, interest or other costs imposed on the state of New Hampshire by the NH retirement system or by the IRS, relating to employer payments, reporting or audits. The department of administrative services will seek concurrence of the department of justice prior to processing any such payment and will facilitate and charge applicable state agencies as necessary.
141:131 Games, Amusements, and Athletic Exhibitions; Horse and Dog Racing; Administrative and Rulemaking Provisions. Amend RSA 284:21-i, II(c)(1) to read as follows:
(1) The price for which tickets for drawings shall be sold; not to exceed [$30] $50 per ticket.
141:132 Business Profits Tax; Distribution of Funds. Amend RSA 77-A:20-a, I to read as follows:
I. The commissioner shall determine [41] 39 percent of the revenue produced by the tax imposed by RSA 77-A:2 for each fiscal year and shall certify such amounts to the state treasurer by October 1 of that year for deposit in the education trust fund established by RSA 198:39.
141:133 Business Enterprise Tax; Distribution of Funds. Amend RSA 77-E:14, I to read as follows:
I. The commissioner shall determine [41] 39 percent of the revenue produced by the tax imposed by RSA 77-E:2 for each fiscal year and shall certify such amounts to the state treasurer by October 1 of that year for deposit in the education trust fund established by RSA 198:39.
141:134 Tobacco Tax; Distribution of Funds. RSA 78:24 is repealed and reenacted to read as follows:
78:24 Distribution of Funds.
I. Tax revenue on all tobacco products sold at retail in this state imposed by RSA 78:2 shall be divided with 39 percent of that total revenue deposited in the education trust fund established by RSA 198:39 and the remaining revenue deposited in the general fund.
II. The commissioner shall certify such amount to the state treasurer for deposit in the education trust fund established by RSA 198:39. Such estimates shall be certified on June 1, September 1, December 1, and March 1 of each year.
141:135 Tax on Transfer of Real Property; Distribution of Funds. RSA 78-B:13, I, is repealed and reenacted to read as follows:
I. Tax revenue collected by RSA 78-B:1 shall be divided, with 39 percent of that total revenue deposited in the education trust fund established by RSA 198:39 and the remaining revenue deposited in the general fund.
141:136 Appropriation; Cannon Mountain Tramway. 2023, 79:510 is repealed and reenacted to read as follows:
79:510 Appropriation; Cannon Mountain Tramway. The sum of $18,000,000 for the fiscal year ending June 30, 2023, is hereby appropriated to the department of natural and cultural resources for the maintenance and operation of the tramway at Cannon Mountain. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Any remaining funds hereby appropriated shall lapse to the general fund on June 30, 2025.
141:137 Effective Date. Section 136 of this act shall take effect June 30, 2025.
141:138 County Reimbursement of Funds; Limitations on Payments. Amend RSA 167:18-a, II(a) to read as follows:
II.(a) Notwithstanding subparagraph III(a), due to exigent circumstances, an additional one percent shall be added to the annual increase on the cap on county billings for each year of the biennium ending June 30, 2027, resulting in annual increases of 3 percent for each year of that biennium. The total billings to all counties made pursuant to this section shall not exceed the amounts set forth below for state fiscal years [2024-2025] 2026-2027:
(1) State fiscal year [2024] 2026,[ $131,849,659] $135,805,149.
(2) State fiscal year [2025], 2027 [$131,849,659]; $139,879,303.
141:139 New Paragraph; Revenue Stabilization Reserve Account. Amend RSA 9:13-e by inserting after paragraph V the following new paragraph:
VI. Notwithstanding any other provision of RSA 9:13-e, in the event of a general fund operating budget deficit at the close of fiscal year 2025, as determined by the official audit performed pursuant to RSA 21-I:8, II(a), the state comptroller shall notify the fiscal committee and the governor of such deficit and request approval to transfer funds from the revenue stabilization reserve account to eliminate such deficit.
141:140 Department of Energy; Transfer of Funds. The department of energy shall transfer any uncommitted moneys from the renewable energy fund, established in RSA 362-F:10, to the general fund on July 1, 2025.
141:141 Electric Renewable Portfolio Standard; Renewable Energy Fund. Amend RSA 362-F:10, I to read as follows:
I. There is hereby established a renewable energy fund. This nonlapsing special fund shall be continually appropriated to the department of energy to be expended in accordance with this section; provided that at the start of the period in which there is no adopted state operating budget, the department of energy shall in a timely manner seek the approval of the fiscal committee of the general court to continue using moneys from the renewable energy fund to support renewable energy rebate and grant programs in order to ensure there are no interruptions to the programs. The state treasurer shall invest the moneys deposited therein as provided by law. Income received on investments made by the state treasurer shall also be credited to the fund. All payments to be made under this section shall be deposited in the fund. Any remaining moneys paid into the fund under paragraph II of this section, excluding class II moneys, shall first be used by the department of energy [to] for administrative costs, including the office of offshore wind industry development and energy innovations. After funding of the administrative costs, up to $1,000,000 annually shall support thermal and electrical renewable energy initiatives, pursuant to RSA 362-F:10, VIII, and shall not be used to support individual residential solar initiatives. [and offshore wind initiatives, including the office of offshore wind industry development and energy innovation] Any monies remaining shall be transferred to the general fund. Class II moneys shall primarily be used to support solar energy technologies in New Hampshire. All initiatives supported out of these funds shall be subject to audit by the department of energy as deemed necessary. All fund moneys including those from class II may be used to administer this chapter, but all new employee positions shall be approved by the fiscal committee of the general court. No new employees shall be hired by the department of energy due to the inclusion of useful thermal energy in class I production.
141:142 2027 Prospective Change; Electric Renewable Portfolio Standard; Renewable Energy Fund. RSA 362-F:10, I is repealed and reenacted to read as follows:
I. There is hereby established a renewable energy fund. This nonlapsing special fund shall be continually appropriated to the department of energy to be expended in accordance with this section; provided that at the start of the period in which there is no adopted state operating budget, the department of energy shall in a timely manner seek the approval of the fiscal committee of the general court to continue using moneys from the renewable energy fund to support renewable energy rebate and grant programs in order to ensure there are no interruptions to the programs. The state treasurer shall invest the moneys deposited therein as provided by law. Income received on investments made by the state treasurer shall also be credited to the fund. All payments to be made under this section shall be deposited in the fund. Any remaining moneys paid into the fund under paragraph II of this section, excluding class II moneys, shall be used by the department of energy to support thermal and electrical renewable energy initiatives and offshore wind initiatives, including the office of offshore wind industry development and energy innovation. Class II moneys shall primarily be used to support solar energy technologies in New Hampshire. All initiatives supported out of these funds shall be subject to audit by the department of energy as deemed necessary. All fund moneys including those from class II may be used to administer this chapter, but all new employee positions shall be approved by the fiscal committee of the general court. No new employees shall be hired by the department of energy due to the inclusion of useful thermal energy in class I production.
141:143 Effective Date. Section 142 of this act shall take effect July 1, 2027.
141:144 Mechanical Licensing; Inspectors. Amend RSA 153:34, I and II to read as follows:
I. The [office of professional licensure and certification] department of safety with the approval of the [board and the executive director of the office of professional licensure and certification] state fire marshal shall have the authority to appoint such inspectors as are necessary to insure compliance throughout the state with practices consistent with the public safety and welfare. Any person so employed shall be under the administration and supervisory direction of the [office of professional licensure and certification] department of safety.
II. An inspector appointed under this subdivision shall have the authority to enter any premises in which a fuel gas fitter or plumber subject to regulation is performing, or has completed, work regulated under this subdivision for the purpose of making such inspection as is necessary to carry out his or her duties under this subdivision. If consent for such inspection is denied or not reasonably obtainable, the state fire marshal [executive director of the office of professional licensure and certification], or his or her designee, may obtain an administrative inspection warrant under RSA 595-B.
141:145 Electricians; Inspectors. Amend RSA 319-C:5, I to read as follows:
I. The [office of professional licensure and certification] state fire marshal shall be empowered to appoint such inspectors as may be necessary to carry out the purposes of this chapter and RSA 319-C. Any person so employed shall be under the administration and supervisory direction of the [office of professional licensure and certification] state fire marshal.
141:146 New Paragraph; Barbering, Cosmetology, and Esthetics; Definitions. Amend RSA 313-A:1 by inserting after paragraph XIII the following new paragraph:
XIII-a. “Shop” means barbershop, mobile barbershop, and salon as defined in this section, as well as any other business location for barbering, cosmetology, or esthetics in New Hampshire.
141:147 Barbering, Cosmetology, and Esthetics; Rulemaking Authority. Amend RSA 313-A:8, VI to read as follows:
VI. The regulation of tanning facilities including:
(a) Sanitation and hygiene standards to be met and maintained by tanning facilities;
(b) Standards for approving the training curricula and programs used for training tanning device operators;
(c) Registering tanning facilities;
(d) Standards for the inspection of tanning devices upon application for initial licensure;
(e) Standards for the consumer consent form required under RSA 313-A:30, IV.
141:148 New Paragraph; Barbering, Cosmetology, and Esthetics; Rulemaking Authority. Amend RSA 313-A:8 by inserting after paragraph XIV the following new paragraph:
XV. Criteria for determining what other one-time certification programs are the equivalent of an OSHA certificate that meets or exceeds 10 hours and is earned in barbering, cosmetology, manicuring, and/or esthetics for the purposes of operating a shop or school under this chapter.
141:149 Barbering, Cosmetology, and Esthetics; Licensure Required. Amend RSA 313-A:9, II(a) to read as follows:
(a) Operate a [barbershop, salon,] shop or school unless such establishment is at all times under the direct supervision and management of a professional licensed under this chapter.
141:150 Barbering, Cosmetology, and Esthetics; Qualifications; Barbers. Amend RSA 313-A:10, I(c)(1) to read as follows:
(1) A minimum of 800 hours of training in a school of barbering approved by the office of professional licensure and certification in accordance with this chapter and criteria established by the board pursuant to RSA 541-A; or
141:151 Barbering, Cosmetology, and Esthetics; Qualifications; Barbers. Amend RSA 313-A:10, III(c)(1) to read as follows:
(1) A minimum of 1,500 hours of training in a school of master barbering approved by the [board] office of professional licensure and certification in accordance with this chapter and criteria established by the board pursuant to RSA 541-A; or
141:152 Barbering, Cosmetology, and Esthetics; Qualifications; Manicurists. Amend RSA 313-A:12, I to read as follows:
I. Have completed a course of at least 300 hours of professional training in manicuring, in a school approved by the [board] the office of professional licensure and certification in accordance with this chapter and criteria established by the board pursuant to RSA 541-A and passed an examination; or
141:153 Barbering, Cosmetology, and Esthetics; Qualifications; Estheticians. Amend RSA 313-A:13 to read as follows:
313-A:13 Qualifications; Estheticians. To be issued an esthetics license by the office of professional licensure and certification, an applicant shall, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e), have completed a course of at least 600 hours of training in a school approved by the [board] the office of professional licensure and certification in accordance with this chapter and criteria established by the board pursuant to RSA 541-A and have passed an examination. An apprenticeship approved by the board may be substituted for the required training. Estheticians who have practiced professionally in this state for a period of at least 3 years prior to July 1, 1989, and who have satisfied the requirements of RSA 313-A:11, I(a), (b), and (e) and the training requirements of this section shall not be required to take the examination provided for in this section to be eligible for licensure under this chapter. Credit towards the hours requirement for esthetician training may be given to a licensed cosmetologist or barber for equivalent training in the cosmetology or barber program in a school approved by the board upon certification of the training by the school. Credit towards the hours requirement for esthetician training may be given to a licensed massage therapist for massage therapy training deemed equivalent by the board. Cosmetologists licensed under this chapter may obtain the training hours in subjects required by the board in increments at separate schools, but must present certifications to the office for all required hours and curriculum subjects.
141:154 Barbering, Cosmetology, and Esthetics; Shop Licensure. Amend RSA 313-A:19 to read as follows:
313-A:19 Shop Licensure.
I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a [salon, barbershop, or mobile barbershop] shop without first having obtained a shop license from the board. Application for such shop license shall be made to the [board] office of professional licensure and certification in writing and shall state the name and address of the owner of such shop, the shop's address or, in the case of a mobile barbershop, the business mailing address of the owner, and such other information as may be required by the board or office of professional licensure and certification. Licenses under this section shall be conspicuously posted within the licensed establishment.
II. Any licensed barber, cosmetologist, manicurist, or esthetician shall, upon written application accompanied by the required fees, receive a license to operate a salon, barbershop, or mobile barbershop in this state, provided that the salon, barbershop, or mobile barbershop meets all requirements established in the rules of the board, including passing an inspection.
III. In the event of a change of location of any licensed shop and upon notice thereof, the [board] office of professional licensure and certification shall issue a transfer of licensure of such shop to its new location, provided such new location meets the requirements of this section. The board may [revoke] take disciplinary action, in accordance with RSA 310, against any shop license upon a finding that such shop fails to comply with this chapter or the rules adopted by the board, or has committed professional conduct as defined in RSA 310[; provided that, before any such certificate shall be revoked, the holder shall have notice thereof and be granted a proper hearing]. Nothing in this section shall be construed to prevent the board from taking disciplinary action in accordance with RSA 310 against any licensee managing or working at a shop.
IV. In addition to licenses issued under paragraph II, the board may issue a license to an owner of a salon or barbershop who does not personally engage in cosmetology, barbering, or esthetics, provided the salon or barbershop shall fulfill all requirements [set forth in the rules of the board] for licensure and provided further that the owner has paid the required license fee for such salon or barbershop and employs a licensed cosmetologist, barber, manicurist, or esthetician as manager in the salon or barbershop. However, this section shall not authorize such owner to practice cosmetology, barbering, manicuring, or esthetics unless the owner has a cosmetologist, barber, or esthetician license.
V. Anyone holding a shop license may obtain a one-time Occupational Safety and Health Administration (OSHA) certificate that meets or exceeds 10 hours, or its equivalent, relative to health, safety, disinfection, and sanitation, in the professional service that is regulated by this chapter and is offered at the shop. The board may adopt rules pursuant to RSA 541-A as to what other one-time certification programs may be considered equivalent to an OSHA certificate that meets or exceeds 10 hours earned in barbering, cosmetology, esthetics, or manicuring.
141:155 New Section; Barbering, Cosmetology, and Esthetics; Operating a School. Amend RSA 313-A by inserting after section 19 the following new section:
313-A:19-a Operating a School.
I. Applicants for initial licensure as a school shall meet all requirements established in the rules of the board, including passing an inspection.
II. Anyone holding a school license may obtain a one-time Occupational Safety and Health Administration (OSHA) certificate that meets or exceeds 10 hours, or its equivalent, relative to health, safety, disinfection, and sanitation in each professional service that is regulated by this chapter and taught at the school. The board may adopt rules pursuant to RSA 541-A as to what other one-time certification programs are the equivalent of an OSHA certificate that meets or exceeds 10 hours earned in barbering, cosmetology, esthetics, or manicuring.
III. It shall be the obligation of any individual who opens, establishes, conducts, maintains, or manages a school to ensure it maintains compliance with this chapter and board rules. Failure to maintain compliance shall constitute conduct sufficient to support disciplinary proceedings initiated pursuant to RSA 310. This provision shall not be construed to prevent the board from also taking disciplinary action against any licensee working at such school.
141:156 Barbering, Cosmetology, and Esthetics; Inspectors. RSA 313-A:21 is repealed and reenacted to read as follows:
313-A:21 Inspectors.
I. The executive director of the office of professional licensure and certification or his or her designees shall be authorized to enter and make reasonable examination and inspection of any shop or school during business hours for the purpose of ascertaining whether or not the administrative rules of the board and the provisions of this chapter are being observed. The executive director or his or her designees shall file a report with the board of such findings with respect to each inspection made. Any salaries and necessary expenses of employed inspectors shall be charged against the fees and other moneys collected by the board.
II. Sanitary inspections of all shops and schools shall be made at the time of initial licensure and biannually thereafter, unless a shop or school has obtained an Occupational Safety and Health Administration (OSHA) certificate or its equivalent pursuant to RSA 313-A:19 or RSA 313-A:19-a. Sanitary inspections may also be made for investigations conducted pursuant to RSA 310:9, regardless of whether a shop or school has obtained a certificate.
141:157 Repeal. RSA 313-A:24, V, relative to applicants for apprentice certificates providing a social security number, is repealed.
141:158 Agriculture, Horticulture; and Animal Husbandry; Pesticide Controls; Registration Certificates and Permits. Amend RSA 430:33, I to read as follows:
I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration with a fee of [$20] $60 shall be collected by the division for each commercial application registration [or] and $20 shall be collected by the division for each private applicator registration, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The board shall by rule establish the criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicator, private applicator, and commercial applicator for hire. Each application for registration shall contain such information regarding the applicant's qualifications and proposed operations and other relevant matters as the division may require. Every person applying for a registration certificate shall be required to demonstrate by examination, or by such other means as the board by rule may establish, his competency and ability to use pesticides in accordance with standards of the board. The division shall require from each applicant proof of financial responsibility in amounts to be determined under rules adopted by the board. Registered applicators shall maintain routine operational records pursuant to the rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted by an applicant for renewal of a certificate of registration. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a certificate of registration.
141:159 Agriculture; Horticulture and Animal Husbandry; Insect Pests and Plant Diseases; Application for Registration and Permits. Amend RSA 430:34, III to read as follows:
III. Each application for initial examination of a commercial or private applicator shall be accompanied by an examination fee of [$5] $15 for each category or commodity group in which such examination is requested. When an applicator has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a re-examination fee of [$5] $15 for each category or commodity group in which re-examination is requested. A separate application and re-examination fee shall be filed by the applicant each time a re-examination is requested.
141:160 Agriculture; Horticulture and Animal Husbandry; Insect Pests and Plant Diseases; Pesticide Dealer License. Amend RSA 430:35, II and III to read as follows:
II. Application for a license shall be accompanied by a [$20] $60 annual license fee. Dealer applications for renewal received beyond the December 31 deadline shall be subject to a $10 late registration fee. Application for a license shall be on a form prescribed by the division and shall include the full name of the person applying for such license. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the division; provided that the provisions of this section shall not apply to a pesticide applicator who sells pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through apparatuses used for such pesticide application; provided, further, that the provisions of this section shall not apply to any federal, state, or county agency which provides pesticides for their own programs.
III. Each applicant shall satisfy the division as to his knowledge of the laws and rules governing the use and sale of pesticides and his responsibility in carrying on the business of a pesticide dealer through examination. In addition, each employee or agent of a pesticide dealer who sells or recommends restricted-use pesticides or state restricted-use pesticides shall obtain a pesticide dealer license. Each application for initial examination for a dealer license shall be accompanied by an examination fee of [$5] $15. When an applicant has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a fee of [$5] $15.
141:161 Agriculture; Horticulture and Animal Husbandry; Insect Pests and Plant Diseases; Statement Required. Amend RSA 430:38, III to read as follows:
III.(a) The registrant shall pay an annual fee of at least $220 for each pesticide registered as follows:
(1) A restricted use pesticide.
(2) A general use pesticide, other than a specialty/household pesticide.
(3) A specialty/household pesticide.
(b) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the amount of the fees charged under subparagraph (a). [Until such rules are adopted, the fees under subparagraph (a) shall be the same as the fees which were in effect on June 30, 2015.]
141:162 Agriculture; Horticulture and Animal Husbandry; Soil and Plant Additives; Registration. Amend RSA 431:4, I to read as follows:
I. Each brand and grade of fertilizer shall be registered in the name of that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished by the commissioner and shall be accompanied by a fee of [$75] $128 per grade of each brand sold.
141:163 Agriculture; Horticulture and Animal Husbandry; Soil and Plant Additives; Registration. Amend RSA 431:27, I to read as follows:
I. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished or approved by the commissioner and shall be accompanied by a fee of [$50] $100 per product. The fees collected under this section shall be deposited with the state treasurer into the agricultural products regulatory fund. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on January 1 of the following year.
141:164 Agriculture; Horticulture and Animal Husbandry; Horticultural Growing Media; Registration and Inspection Fees; Fund Established. Amend RSA 433-A:6 to read as follows:
433-A:6 Registration and Inspection Fees; Fund Established. The commissioner shall collect a [$50] $96 annual registration and inspection fee for each product registered. The fees collected under this section shall be deposited with the state treasurer into the agricultural products regulatory fund established in RSA 435:20, IV. Moneys from the fund shall be used to offset costs associated with registration and inspection of horticultural growing media.
141:165 Agriculture; Horticulture and Animal Husbandry; Animal Care, Breeding and Feed. Amend RSA 435:20, II and III to read as follows:
II. No person shall distribute in this state a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this section. Applications for registration, accompanied by a [$75] $120 per-product registration fee, shall be submitted in a manner prescribed by the commissioner. Upon approval by the commissioner, a registration shall be issued to the applicant. All registrations shall expire on December 31 of each year.
III. The commissioner may refuse to register any commercial feed not in compliance with the provisions of this subdivision and to cancel any registration subsequently found not to be in compliance with any provision of this subdivision; provided that upon the refusal of registration, the [$75] $120 registration fee shall be returned to the applicant; and provided further that no registration shall be refused or [cancelled] canceled unless the applicant or registrant has been given an opportunity to appear at a hearing before the commissioner and to amend his or her application in order to comply with the requirements of this subdivision.
141:166 Agriculture; Horticulture and Animal Husbandry; Standards for Farm Products; Official Grades and Standards. Amend RSA 426:1 to read as follows:
426:1 Official Grades and Standards. The commissioner of agriculture, markets, and food, whenever, in the commissioner's opinion, the public good so requires, may adopt rules, pursuant to RSA 541-A, establishing official grades and standards for farm products which are produced within the state for purposes of sale. Fees for maple product permits shall not be less than $33 and other product permits shall not be less than $13.
141:167 Agriculture; Horticulture and Animal Husbandry; Soil and Plant Additives; Inspection Fees and Tonnage Reports. Amend RSA 431:6, I to read as follows:
I. There shall be paid to the commissioner for all fertilizers distributed in this state to nonregistrants an inspection fee of at least $0.37 on each ton of fertilizer sold with a minimum fee of at least $9 as [in a manner and at a fee] prescribed by the commissioner by rules; provided, that sales or exchanges between importers, manufacturers, distributors, or registrants are exempted.
141:168 Agriculture; Horticulture and Animal Husbandry; New Hampshire Seed Law; Duties and Authority of Commissioner; Rulemaking. Amend RSA 433:7, III(l)-(m) to read as follows:
(l) Seed labeling license standards and procedures, including, but not limited to, application forms [and fees].
(m) Establish licensing fee of not less than $94 per company.
[(m)] (n) The enforcement of this subdivision.
141:169 Weights and Measures Fees. Amend RSA 438:10-a to read as follows:
438:10-a Fees for Licensing Commercial Devices.
The following annual device license fees shall be charged for the following categories:
I. Scales 100 pounds or less, other than precision scales, [$18] $35 each;
II. Scales over 100 pounds to 2,000 pounds, [$27] $50 each;
III. Scales over 2,000 pounds to 5,000 pounds,[ $54] $100 each;
IV. Non-vehicle scales over 5,000 pounds, [$90] $165 each;
V. Vehicle scales, [$180] $330 each;
VI. Lift truck/forklifts, on board weighing systems/scales, [$90] $165 each;
VII. On board weighing systems/scales, refuse or recyclable materials collection trucks, [$90] $165 each;
VIII. Precision scales, [$36] $65 each;
IX. Retail motor fuel dispensers, except liquefied petroleum gas and natural gas dispensers,[$18] $35 per meter;
X. Liquefied petroleum gas retail motor fuel dispensers, [$54] $100 per meter;
XI. Natural gas retail motor fuel dispensers, [$54] $100 per meter;
XII. Liquid vehicle tank meters, except liquefied petroleum gas and natural gas meters, [$54] $100 per meter;
XIII. Liquid bulk storage meters, [$90] $165 per meter;
XIV. Liquefied gas meters, [$90] $165 per meter;
XV. Taxi meters, [$27] $50 per meter; and
XVI. Linear and cordage measures, [$18] $35 per meter.
141:170 New Section; Weights and Measures; Registered Service Agencies. Amend RSA 438 by inserting after section 438:14-a the following new section:
438:14-b Registered Service Agencies. Registered service agencies that employ a service technician who is registered with the division of weights and measures to test, adjust, repair, certify, reject, add, remove, or replace a commercial weighing or measuring device, shall pay an annual registration fee of $250, to be collected by the division.
141:171 Water Management and Protection; Dams, Mills, and Flowage; Annual Registration Fee. Amend RSA 482:8-a to read as follows:
482:8-a Annual Registration Fee. Annual registration fees for dams shall be payable to the department on January 1 of each calendar year. Yearly dam registration fees shall be based on classification as follows: Low hazard potential = [$400] $800; Significant hazard potential = [$750] $1,500; High hazard potential = [$1,500] $3,000. If the hazard classification designated by the Federal Energy Regulatory Commission for a dam differs from the classification designated by the department, the annual dam registration fees shall be based on the classification designated by the Federal Energy Regulatory Commission except that a dam which is classified as a non-menace dam by the department shall be exempt from the annual dam registration fee for as long as the dam is classified by the department as a non-menace dam. Revenues from this annual registration are to be collected by the department and deposited in the dam maintenance fund established in RSA 482:55 to be used for the inspection of dams.
141:172 Water Management and Protection; Dams, Mills, and Flowage; Preliminary Filing of Information. Amend RSA 482:9, II(a)-(d) to read as follows:
(a) Non-hazard potential dam [$2,000] $4,000
(b) Low hazard potential dam [$3,000] $6,000
(c) Significant hazard potential dam [$4,000] $8,000
(d) High hazard potential dam [$4,000] $8,000
141:173 Public Health; Hazardous Waste Cleanup Fund; Automotive Oil Fee. Amend RSA 147-B:12, I to read as follows:
I. A fee of [$.02] $0.05 per gallon of automotive oil shall be assessed at the time of import to this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the manner described in RSA 146-A:11-b. The department of environmental services may waive all or any portion of penalties or interest for good cause. All fee revenues shall be deposited in the hazardous waste cleanup fund in accordance with RSA 147-B:6, I-d.
141:174 Hazardous Waste Generator Self-Certification. Amend RSA 147-A:5, IV(b) to read as follows:
(b) Each hazardous waste generator that generates less than 220 pounds/100 kilograms of hazardous waste per month shall pay non-refundable fees at a rate of [$60] $90 per year for the period of [ January 1, 2004 to June 30, 2007] July 1, 2007 to June 30, 2025, and at a rate of [$90] $140 per year beginning July 1, [2007] 2025, to cover department expenses for conducting the self-certification program and hiring of program staff. Total fees due for each year shall be submitted with the self-certification declaration form required under subparagraph (a).
141:175 Public Health; Hazardous Waste Cleanup Fund; Hazardous Waste Cleanup Fund Fees. Amend RSA 147-B:8, I to read as follows:
I. Each hazardous waste generator that generates in a 3-month period 660 pounds or more of unrecycled hazardous waste shall pay a quarterly fee of [$0.06] $0.12 per pound or a minimum of $100, to the department.
141:176 Public Health; Solid Waste Management Fund. RSA 149-R:4-6 are repealed and reenacted to read as follows:
149-R:4 Purpose and Use of the Fund.
I. The fund shall be used to support the administration and implementation of the department's solid waste technical assistance, planning, regulatory, and permitting activities, including, but not limited to, waste reduction and diversion technical assistance, reducing the expense to municipalities of hazardous waste materials disposal and recycling, long term solid waste management planning, education and outreach efforts, and administration of payments in accordance with paragraphs II and III.
II. The fund shall be used to provide quarterly payments to New Hampshire municipalities for source reduction and recycling efforts to offset payments made by the municipality associated with the solid waste disposal surcharge established under RSA 149-R:5, based upon the tonnage of solid waste for which the municipality was financially responsible for disposal at a New Hampshire landfill, incinerator, or waste-to-energy facility. Administration of the payment program shall be in accordance with procedures established by rulemaking under the authority of RSA 149-R:6, IV and V. Such rulemaking shall specifically address the unique circumstances for municipalities that own and operate a facility that is subject to RSA 149-R:5, or that are part of a solid waste district that owns and operates such a facility, to ensure that the costs incurred by those municipalities are offset consistent with this chapter.
III. The fund shall be used to provide matching grant funding to New Hampshire political subdivisions, private entities, and businesses for projects that will provide a demonstrated, significant improvement in waste diversion methods and contribute to a reduction of wastes, including hazardous waste materials, requiring disposal, including a regional or municipal materials recovery facility operated by a public or private entity, and other regional recycling efforts.
IV. The fund may be used to hire consultants or contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.
V. The department is authorized to solicit funds from any source, including the United States Environmental Protection Agency and other federal agencies, gifts, donations of money, grants, legislative appropriations, or any matching funds and incentives. Notwithstanding RSA 4:8 and RSA 14:30, VI, the commissioner may accept and deposit such funds directly into the solid waste management fund to be used for the purpose described in RSA 149-R:4.
149-R:5 Solid Waste Disposal Surcharge.
I. Beginning January 1, 2026, solid waste disposed of at a New Hampshire landfill, incinerator, or waste-to-energy facility shall be subject to a surcharge at the rate of $3.50 per ton. Notwithstanding RSA 149-M:4, XXII, materials used as cover at landfills shall not be subject to the surcharge.
II. Such surcharge shall be paid by the customer of a facility that holds a permit issued pursuant to RSA 149-M for a New Hampshire landfill, incinerator, or waste-to-energy facility. This surcharge will be paid by the customer in addition to any other disposal tipping fee collected by the disposal facility, and such disposal facility shall remit the surcharge quarterly to the department on forms and with supporting documentation as provided for in rulemaking conducted pursuant to RSA 149-R:6, I, II, and III.
III. The first payment of the surcharge shall be due to the department no later than April 30, 2026, and within 30 days of each quarter's end thereafter.
IV. The department shall deposit surcharges collected under this section into the fund.
V. Failure to pay surcharges within 30 days of the date due shall result in the assessment of interest at a rate established by rule pursuant to RSA 149-R:6, VII. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the fund.
149-R:6 Rulemaking. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:
I. The time, amount, and manner of payment of solid waste disposal surcharges.
II. Required records to be kept by facility permit holders of the type and quantity of solid waste disposed.
III. Certified reports required to be submitted with surcharge payments by facility permit holders.
IV. The time, amount, and manner of payments to New Hampshire municipalities pursuant to RSA 149-R:4, II.
V. Certified reports required to be submitted by municipalities requesting payments pursuant to RSA 149-R:4, II.
VI. Administering matching grants pursuant to RSA 149-R:4, III.
VII. Establishment of the interest rate applied to late payments pursuant to RSA 149-R:5, V.
149-R:7 Penalties and Other Enforcement.
I. Any person who violates any of the provision of this chapter or any rule adopted under this chapter shall be subject to a civil penalty not to exceed $1,000 for each violation. Each day a surcharge is not paid after it is due in accordance with RSA 149-R:5, III shall be a separate violation.
II. In addition to an action to recover unpaid surcharges and interest owed, any violation of the provisions of this chapter or of any rule adopted under this chapter, may be enjoined by the superior court upon application of the attorney general.
III. The provisions of RSA 7:15-a shall not apply to the collection of unpaid surcharges, and all money collected under this section shall be deposited into the fund.
149-R:8 Biennial Report. The department shall include in its biennial report required under RSA 149-M:29, II, information relative to the activities and finances of the solid waste management fund.
141:177 Certified Hazardous Waste Coordinator Program. Amend RSA 147-A:5, III(b) to read as follows:
(b) Each application for initial or renewal of a hazardous waste coordinators certification shall be accompanied by a non-refundable fee of [$125] $225 per year to cover department expenses for conducting the certification program.
141:178 Boat Fee Decals. Amend RSA 270-E:5-a, II(a) to read as follows:
(a) [$9.50] $12.50 for each decal specified in paragraph I. The fees collected under this subparagraph shall be paid into the lake restoration and preservation fund established under RSA 487:25.
141:179 Per Diem; Public Employee Labor Relations Board. Amend RSA 273-A:2, VII to read as follows:
VII. The members of the public employee labor relations board shall be paid [$50] $250 a day and their necessary expenses while actually engaged in the performance of their duties.
141:180 Court Fees and Fines; Equitable Fee Schedule; Credit Card Service Charge. Amend RSA 490:26-a to read as follows:
490:26-a Court Fees and Fines; Credit Card Payments.
I. The supreme court shall establish by rule an equitable fee schedule for all courts in the state.
II.[ (a) Except as provided in subparagraph (b), a $25 surcharge shall be added to each civil filing fee for all courts. This surcharge shall be deposited in the general fund.
(b) The following shall be exempt from the surcharge under subparagraph (a):
(1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D.
(2) Domestic violence actions under RSA 173-B.
(3) Small claims actions under RSA 503.
(4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C.
(5) Stalking actions under RSA 633:3-a
II-a.] The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.
III.(a) All court fees, surcharges, and fines paid into any court may be paid by credit card in lieu of cash payment.
(b) Notwithstanding any other provision of law, the supreme court may, in establishing a fee schedule, establish a service charge for the acceptance of a credit card, debit card, or such other means of electronic payment.
141:181 Sununu Youth Services Center; Possession and Relinquishment. Amend 2023, 2:4 to read as follows:
2:4 Possession and Relinquishment of the Sununu Youth Services Center (SYSC). As of the date of the opening of the youth development center set forth in section 2 of this act, and notwithstanding RSA 4:40, the department of administrative services shall take possession of the entire property currently housing the SYSC on South River Road in Manchester, New Hampshire. The department shall relinquish the property and any revenues received shall be deposited in the general fund. Until the property is relinquished, the department shall request an appropriation, subject to the approval from the fiscal committee and the governor and executive council, for funds necessary to maintain the property. The governor shall draw a warrant from funds not otherwise appropriated. The department shall consult with the city of Manchester, the New Hampshire department of business and economic affairs, and other organizations, as appropriate, prior to any sale of the property. In relinquishing the property, the return of the property to an entity that will enhance the tax and business tax rolls of the city of Manchester and the state of New Hampshire shall be a high priority. Any relinquishment of the SYSC shall be approved by the governor and council.
141:182 Youth Detention Center; Construction Funds. Amend 2023, 79:443 to read as follows:
79:443 Youth Detention Center; Construction Funds. Notwithstanding any other act of the legislature or law to the contrary, any secured treatment facility constructed to replace the current Sununu Youth Services Center shall [be funded entirely with] maximize federal discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2, including any funds which have previously been allocated by the governor but which have not been expended. [No state general funds shall be appropriated for the purpose of constructing the replacement facility and] Any funds appropriated to the project shall not be transferred or used for any other purpose. General funds, with prior approval of the fiscal committee of the general court, or federal discretionary funds which may become available, may be utilized to support activities or infrastructure to integrate facilities or operations between Hampstead Hospital and the replacement facility. The department shall undertake an initiative to consider establishment of a new permanent name for the Youth Development Center.
141:183 Youth Development Center Settlement Fund; Appropriations. The sum of $20,000,000 for the fiscal year ending June 30, 2026, is hereby appropriated to the youth development center settlement fund established in RSA 21-M:11-a, II. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:184 Department of Justice; Approval of Settlement Agreement in Michael Gilpatrick v. N.H. D.H.H.S, et al.
Pursuant to RSA 14:35-b, the settlement agreement executed by the department of justice in the case of Michael Gilpatrick v. N.H. D.H.H.S, et al., Docket No. 217-2021-CV-00479, including the payment of $10,000,000 to plaintiff Michael Gilpatrick and all other terms of the settlement agreement dated March 5, 2025, is hereby approved, and the sum of $10,000,000 is hereby appropriated for the purpose of fulfilling the state’s obligations under the settlement agreement. The payment of $10,000,000 to plaintiff Michael Gilpatrick shall be made pursuant to the processes established by the department of justice and department of administrative services pursuant to RSA 99-D:2, RSA 541-B, and the terms of the settlement agreement.
141:185 The State and Its Government; State Treasurer and State Accounts; Application of Receipts. Amend RSA 6:12, I(b)(103) to read as follows:
(103) Moneys deposited in the [state art] granite patron of the arts fund under RSA 19-A:9.
141:186 The State and Its Government; Council on the Arts; State Art Fund; Granite Patron of the Arts Fund. RSA 19-A:9 is repealed and reenacted to read as follows:
19-A:9 Granite Patron of the Arts Fund.
I. There is hereby established in the office of the state treasurer a fund to be known as the granite patron of the arts fund, which shall be kept separate and distinct from all other funds and shall be continually appropriated to the division of the arts and the New Hampshire council on the arts. Such fund shall be the depository of all gifts, grants, federal funds, or donations made to the division of the arts or the New Hampshire council on the arts pursuant to RSA 19-A and RSA 12-A:2-K, IV. Implementation expenses, the expenses of the division and council, any employees of the division or council, and operations and initiatives of the division and council shall be paid from such fund. Any moneys in such fund shall not lapse into the general fund of the state.
II. The division and the council are authorized to institute programs to solicit and receive any gifts, grants, donations, or to receive federal matching funds made for the encouragement of the arts and to deposit such gifts, grants, or donations in the New Hampshire council on the arts fund under this section. The division and the council shall acknowledge receipt of any gifts, grants, or donations within 15 days of receipt on a form provided by the commissioner of the department of revenue administration.
141:187 New Paragraph; Taxation; Business Profits Tax; Credits. Amend RSA 77-A:5 by inserting after paragraph XVI the following new paragraph:
XVII. There shall be allowed a granite patron of the arts tax credit, according to the following:
(a) The credit shall be the lesser of 50 percent of donations made to the granite patron of the arts fund or the proportional share of the maximum aggregate credit amount allowed. The department of revenue administration shall oversee and administer the granite patron of the arts tax credit, and may make additional rules, pursuant to RSA 541-A, concerning the credit under this paragraph. No carry forward of this credit shall be allowed. The maximum credit allowed for all taxpayers shall be $350,000 per fiscal year.
(b) Taxpayers shall apply for the tax credit on forms provided by the commissioner and shall be accompanied by information or records required by the commissioner. Such application shall be filed no later than June 30 following the tax year during which the donations occurred.
(c) A determination of the final amount of the credit awarded by the commissioner to each taxpayer claiming the credit shall be made no later than September 30 of each year.
141:188 New Section; Business Enterprise Tax; Granite Patron of the Arts Credit. Amend RSA 77-E by inserting after section 3-e the following new section:
77-E:3-f Granite Patron of the Arts Credit. The unused portion of any granite patron of the arts tax credit awarded by the commissioner under RSA 77-A:5, XVII, shall be available to apply to the business enterprise tax.
141:189 Department of Natural and Cultural Resources; Division of Parks and Recreation; Bureau of Trails; Grant-in-Aid. For the biennium ending June 30, 2027, and notwithstanding any provision of law or administrative rule to the contrary, the limitations on percentages of grant-in-aid administered by the department of natural and cultural resources, division of parks and recreation, bureau of trails, for the development and maintenance of OHRV trails on private, municipal, state, or federal lands shall be as follows:
I. For the grant period of June 1, 2025, to May 31, 2026:
(a) Eighty percent of the cost of renting equipment required to complete a project.
(b) Eighty percent of the cost of purchasing trail maintenance equipment.
(c) Eighty percent of the cost of reconditioning trail grading equipment.
(d) Eighty percent of the cost of operations for summer trail grading.
II. For the grant period of June 1, 2026, to June 30, 2027:
(a) Eighty percent of the cost of renting equipment required to complete a project.
(b) Eighty percent of the cost of purchasing trail maintenance equipment.
(c) Eighty percent of the cost of reconditioning trail grading equipment.
(d) Eighty percent of the cost of operations for summer trail grading.
141:190 Powers and Duties of the Hampton Beach Commission. Amend the introductory paragraph of RSA 216-J:3 to read as follows:
Subject to available funds, the Hampton Beach area commission shall:
141:191 Hampton Beach Master Plan Fund. Amend RSA 216-J:5 to read as follows:
216-J:5 Hampton Beach Master Plan Fund. There is hereby established in the office of the state treasurer a fund to be known as the Hampton Beach master plan fund which shall be kept separate and distinct from all other funds and shall be continually appropriated to the commission. Such fund shall be the depository of all gifts, grants, or donations made to the commission pursuant to RSA 216-J:4. Implementation expenses, the expenses of the commission, its commissioners, [and] any employees of the commission, and operations and initiatives of the commission, shall be paid from such fund. Any moneys in such fund shall not lapse into the general fund of the state.
141:192 Assistant State Treasurers. Amend RSA 6:28 to read as follows:
6:28 Appointment; Removal. The state treasurer may appoint [2] assistant state treasurers who shall hold office during good behavior. The governor and council may remove an assistant for cause as they may remove the treasurer.
141:193 Treasury Department; Transfer of Funds. Notwithstanding any provision of RSA 195-H:12 to the contrary, the state treasury shall transfer any uncommitted moneys from the governor's scholarship fund, established in RSA 195-H:12, to the general fund on July 1, 2025.
141:194 New Paragraph; Use of Word "Child". Amend RSA 21-V:1 by inserting after paragraph III the following new paragraph:
III-a. Any use of the word “child” within the definition of critical incident in this chapter means “child” as defined by RSA 21-V:1, IV.
141:195 Child Advocate; Oversight Duties. Amend RSA 21-V:2, II(d)-(e) to read as follows:
(d) [Examine] Prioritize examining, on a system-wide basis, the care and services that agencies provide children, and provide recommendations to improve the quality of those services in order to provide each child the opportunity to live a full and productive life.
(e) Advise in a non-partisan manner the public, governor, commissioners, speaker of the house of representatives, senate president, and oversight commission about how the state may improve its services to and for children and their families.
141:196 Child Advocate; Educational Outreach and Advocacy; Partisan Advocacy Prohibited. Amend RSA 21-V:2, VI to read as follows:
VI. Perform educational outreach and advocacy initiatives in a non-partisan manner, in furtherance of the mission and responsibilities of the office.
141:197 New Paragraph; Office of Child Advocate; Investigations. Amend RSA 21-V:2 by inserting after paragraph VIII the following new paragraph:
IX. The office of the child advocate may conduct investigations at the request of the governor or the oversight commission.
141:198 Child Advocate; Nominations. Amend RSA 21-V:3, II to read as follows:
II. The child advocate shall be [appointed] nominated by the governor and approved by the executive council[, upon the recommendation of the oversight commission].
141:199 Child Advocate; Assistant Child Advocate. Amend RSA 21-V:3, IV to read as follows
IV. Upon any vacancy in the position of the child advocate, and until such time as a candidate has been appointed by the governor and council, [the associate] an assistant child advocate shall serve as the acting child advocate and be entitled to the compensation, privileges, and powers of the child advocate.
141:200 Child Advocate; Travel Expenditures. Amend RSA 21-V:3, VII to read as follows:
VII. The child advocate [shall appoint an associate child advocate, and] may, subject to appropriation, appoint such other personnel as the child advocate deems necessary for the efficient management of the office. The duties of these personnel shall be performed under and by the advice and direction of the child advocate. Out-of-state travel expenditures, except travel ensuring children are receiving appropriate services to meet their needs, shall be subject to approval by the joint legislative fiscal committee.
141:201 Office of the Child Advocate; Funding Authorization. The office of child advocate may request, with prior approval of the fiscal committee, that the governor and council authorize additional funding for staffing costs. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:202 Magistrates; Permitted to Continue Duties. Notwithstanding any other law to the contrary, any magistrate appointed to that position before January 31, 2025, pursuant to RSA 491-B:1 as that law existed on January 31, 2025, may continue to exercise the duties of the magistrate, as provided by RSA 491-B:2 as that law existed on January 31, 2025, except no magistrate shall conduct bail hearings or make bail determinations. Any magistrate so appointed may continue to exercise those duties until the end of any term commenced before January 31, 2025, or the end of their employment with the judicial branch, whichever is earlier, but in no event later than January 1, 2030.
141:203 Effective Date. Section 202 of this act shall take effect September 21, 2025, at 12:01 a.m.
141:204 New Chapter; Office of State and Public Sector Labor Relations. Amend RSA by inserting after chapter 273-D the following new chapter:
CHAPTER 273-E
OFFICE OF STATE AND PUBLIC SECTOR LABOR RELATIONS
273-E:1 Definitions.
In this chapter:
I. "Office" means the office of state and public sector labor relations created by RSA 273-E:2.
II. "Public employee labor relations board" means the board created by RSA 273-A:2.
III. "Personnel appeals board" means the board created by RSA 273-D:1, I.
IV. "Right-to-know ombudsman" means the position created by RSA 91-A:7-a.
273-E:2 The Office.
I. There is hereby created an office of state and public sector labor relations consisting of the public employee labor relations board, the personnel appeals board, and the right-to-know ombudsman. The purpose of the office is to consolidate the physical location of the public employee labor relations board, the personnel appeals board, and the right-to-know ombudsman and to have the public employee labor relations board provide administrative support to the personnel appeals board and the right-to-know ombudsman.
II. The public employee labor relations board shall be responsible for the operations of the office and shall provide the personnel appeals board and the right-to-know ombudsman with use of its hearing room for the conduct of official business. The public employee labor relations board shall also provide administrative support and workspace to the personnel appeals board and the right-to-know ombudsman to the extent of their respective budgets, the public employee labor relation board's available staff, and its other resources.
III. The public employee labor relations board, the right-to-know ombudsman, and the personnel appeals board shall have separate budgets organized under category 2 "Administration of Justice and Public PRTN" and department "Office of State and Public Sector Labor Relations."
IV. The public employee labor relations board shall continue to independently exercise the jurisdiction conferred upon it pursuant to RSA 273-A. The New Hampshire administrative rules Pub 100-300 shall remain in full force and effect.
V. The personnel appeals board shall continue to independently exercise the jurisdiction conferred upon it pursuant to RSA 273-D. The New Hampshire administrative rules Per 100-200 shall remain in full force and effect.
VI. The right-to-know ombudsman shall continue to independently exercise the jurisdiction conferred upon it pursuant to RSA 91-A:7-a. The New Hampshire administrative rules Rko 100-300 shall remain in full force and effect.
141:205 Definitions; Public Employee Labor Relations; Per Diem. Amend RSA 273-A:2, VII to read as follows:
VII. The members of the public employee labor relations board shall be paid [$50] $250 a day and their necessary expenses while actually engaged in the performance of their duties.
141:206 Office of Right-to-Know Ombudsman. Amend the introductory paragraph of RSA 91-A:7-a to read as follows:
There is hereby established the office of the right-to-know ombudsman to be administratively attached to the [department of state under RSA 21-G:10] office of state and public sector labor relations under RSA 273-E. The right-to-know ombudsman shall be paid a stipend of $200 in each biweekly state payroll cycle for such work performed outside of scheduled sessions. The right-to-know ombudsman shall also be paid $400 for each day devoted to the work of the office and shall be reimbursed for travel, professional development, and other business-related expenses. The right-to-know ombudsman shall be paid $50 per hour for time spent on the drafting of final decisions. The ombudsman shall be appointed by the governor and council and shall have the following minimum qualifications:
141:207 Repeal. The following are repealed:
I. 2022, 250:5, relative to the right-to-know ombudsman.
II. 2022, 250:6, relative to repealing certain provisions relative to the right-to-know ombudsman.
III. 2022, 250:7, relative to the effective date of the repeal of certain provisions of the right-to-know ombudsman.
141:208 Effective Date. Section 207 of this act shall take effect June 30, 2025.
141:209 Town Property; Authority of Select Board. Amend RSA 41:11-a to read as follows:
41:11-a Town Property.
I. The [selectmen] select board shall have authority to manage all real property owned by the town and to regulate its use, unless such management and regulation is delegated to other public officers by vote of the town, or is governed by other statutes, including but not limited to RSA 31:112, RSA 35-B, RSA 36-A:4, and RSA 202-A:6.
II. The authority under paragraph I shall include the power to rent or lease such property during periods not needed for public use, provided, however, that any rental or lease agreement for a period of more than one year shall not be valid unless ratified by vote of the town.
III. Notwithstanding paragraph II, the legislative body may vote to [authorize the board of selectmen] grant the select board the authority to rent or lease any municipal property for a term of up to 5 years [without further vote or ratification of the town]. Once adopted, this authority shall remain in effect until specifically rescinded by the legislative body at any duly warned meeting, [provided that the term of any lease entered into prior to the rescission shall remain in effect] however, such rescission shall not terminate any existing leases.
IV. The governing body may choose to send to the planning board a list of real property owned by the town and managed by the select board that is in their judgment appropriate for development for residential use. No property acquired under tax deed pursuant to RSA 80 shall be added to this list.
141:210 New Paragraph; Duties of the Planning Board. Amend RSA 674:1 by inserting after paragraph VI the following new paragraph:
VII. The planning board may vote to designate any property recommended to it as appropriate for development as a residential use by the select board pursuant to RSA 41:11-a, IV, as appropriate for development for residential use and forward a description of said property to the office of planning and development pursuant to RSA 12-O:55, VIII.
141:211 New Paragraph; Data and Information Services; Descriptions of Property to be Compiled. Amend RSA 12-O:55 by inserting after paragraph VII the following new paragraph:
VIII. Pursuant to RSA 674:1, VII, compile descriptions of municipally and county-owned property determined to be appropriate for residential development by the select board as a residential use into a publicly available list of properties available for grant or loan funding pursuant to RSA 12-O:72-a.
141:212 New Section; Partners in Housing Program. Amend RSA 12-O by inserting after section 72 the following new section:
12-O:72-a Partners in Housing Program. The department shall establish a program, known as the partners in housing program, for the purpose of building workforce housing. Properties identified on the list created pursuant to RSA 674:1, VII shall be given priority for program funding. Available funding may be made by the department to housing developers to whom a municipality or county, pursuant to RSA 28:8-c, transfers ownership of the municipally or county-owned property for the purpose of residential development where at least 20 percent of the housing units to be developed will be affordable for a period of at least 20 years. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this section no later than December 1, 2026.
141:213 New Paragraphs; Power to Review Site Plans. Amend RSA 674:43 by inserting after paragraph V the following new paragraphs:
VI. If the planning board has submitted a property description to the office of planning and development, then the local governing body may further vote to authorize that properties in the municipality on the list generated pursuant to RSA 12-O:55, VIII qualify for expedited review and approval pursuant to RSA 676:4, III.
VII. If the local legislative body of a municipality has by ordinance or resolution authorized minor site plan review pursuant to RSA 674:43, III, then all solely residential development projects proposing to construct workforce housing, as defined in RSA 674:58, IV, that are included on the list generated pursuant to RSA 12-0:55, VIII, may also qualify for expedited review and approval pursuant to RSA 676:4, III.
VIII. The local legislative body of a municipality may by ordinance or resolution adopt pattern zoning regulations to accelerate the construction of infill housing in neighborhoods. To meet the definition of infill housing, projects must be new residential development constructed on vacant lots interspersed among lots with existing, non-vacant development. Pattern zoning provides permit-ready designs with appropriate zoning and regulations to speed the process of building high quality infill housing that is compatible with existing homes in the neighborhood.
141:214 Housing Champion Designation and Grant Program Fund; Compilation of Property. Amend RSA 12-O:74 to read as follows:
12-O:74 New Hampshire Housing Champion Designation and Grant Program Fund. There is hereby established in the state treasury the New Hampshire housing champion designation and grant program fund, for the purpose of funding the grant programs established in RSA 12-O:72 and[,] RSA 12-O:73, and the compilation of municipally and county-owned property determined to be appropriate for residential development pursuant to RSA 12-O:72-a and 674:1, VII. The fund shall be non-lapsing and shall be continually appropriated to the department.
141:215 Effective Date. Sections 209 through 214 of this act shall take effect June 30, 2025.
141:216 Adequate Representation for Indigent Defendants in Criminal Cases; Appointment of Counsel. Amend RSA 604-A:2, I to read as follows:
I. In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he or she appears shall advise the defendant that he or she has a right to be represented by counsel and that counsel will be appointed to represent him or her if he or she is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, if the defendant indicates to the court that he or she is financially unable to obtain counsel, the court shall instruct the defendant to complete a financial statement under oath [in such form as designated by the unit of cost containment]. If after review of the financial statement under oath [and application of the rules established pursuant to RSA 604-A:10, IV] the court is satisfied that the defendant is financially unable to obtain counsel, the court shall appoint counsel to represent him or her; provided, however, that in any case in which the defendant is charged with a capital offense, the court may appoint 2 counsel to represent him or her. Whenever defendants have such conflicting interests that they cannot be properly represented by the same counsel, or when other good cause is shown, the court shall appoint separate counsel for each of them. In a post-conviction proceeding in which a defendant seeks to attack the validity of an underlying conviction, the court shall appoint counsel or approve a request for services other than counsel when the interests of justice or judicial economy require.
141:217 Adequate Representation for Indigent Defendants in Criminal Cases; Determining Financial Ability. Amend RSA 604-A:2-c to read as follows:
604-A:2-c Determination of Financial Ability. The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the court shall consider [the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering] the defendant's ability to borrow some or all of the necessary funds. [The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.]
141:218 Adequate Representation for Indigent Defendants in Criminal Cases; Repayment. RSA 604-A:9 is repealed and reenacted to read as follows:
604-A:9 Repayment. As of the effective date of this section, all collections efforts under this section or former versions of this chapter shall be terminated. Any person subject to a court order for reimbursement may petition the court to vacate the reimbursement order.
141:219 Parental Rights and Responsibilities; Repayment. Amend RSA 461-A:18 to read as follows:
461-A:18 Repayment.
[I.] In any case where a guardian ad litem has been appointed pursuant to RSA 461-A:16 and the responsible party's proportional share of the expense was ordered to be paid by the judicial council from the prior special fund established pursuant to RSA 461-A:17, which resulted in a court order for reimbursement, said order may be vacated upon petition to the court. [the party shall be ordered by the court to repay the state through the unit of cost containment, office of administrative services, the fees and expenses paid on the party's behalf as the court may order consistent with the party's ability to pay, such ability to be determined by the unit of cost containment.
II. The court's order of appointment of a guardian ad litem under the provisions of paragraph I shall indicate the initial proportional share or shares of fees and expenses and shall contain an order that the party or parties communicate with the unit of cost containment so that it may determine the obligor's ability to reimburse the state and establish the terms and conditions of reimbursement. A copy of each order shall be sent to the unit of cost containment, office of the commissioner of administrative services, at the time it is made.
III. Any party subject to an order under this section may petition the court having jurisdiction over the case for relief of the obligation imposed by this section, which shall be granted only upon a finding that the party is unable to comply with the terms of the court's order or any modification of the order by the court or the terms of reimbursement established by the unit of cost containment. In any such appeal the burden of persuasion shall be upon the party to show why the determinations of the unit of cost containment should not be enforced.
IV. Any party subject to orders for repayment shall be required to notify the clerk of the court and the unit of cost containment of each change of mailing address and actual street address. Whenever notice to the party is required, notice to the last known mailing address on file shall be deemed notice to and binding on the party.]
141:220 Termination of Parental Rights; Fees and Court Costs. Amend RSA 170-C:13, III to read as follows:
III. When appointment of counsel is made by the court pursuant to RSA 170-C:10 for a parent determined to be financially unable to employ counsel, the court shall [use a financial eligibility guideline established by the office of cost containment to] determine if the party is indigent. Upon determination that the party is indigent, the court may appoint counsel[, subject to an order of repayment through the office of cost containment]. The judicial council shall bear the financial responsibility for the payment of costs for attorneys appointed pursuant to RSA 170-C:10 [in accordance with the financial eligibility guideline established by the office of cost containment]. The cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A. Counsel shall petition the court for investigative, expert, or other services necessary to provide adequate representation. If the court finds that such services are necessary and that the parent is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the parent. Services authorized under this section shall not include the payment of expenses that are the responsibility of any other agency pursuant to RSA 169-C or this chapter.
IV. Any person subject to a court order for reimbursement pursuant to this section may petition the court to vacate such order.
141:221 Directive; Department of Administrative Services. Upon the effective date of this act, the commissioner of the department of administrative services shall immediately cease all active collection efforts related to any money owed under RSA 604-A:9. The commissioner shall wind down all aspects of the program within a reasonable timeframe, and once the program is ended, the commissioner shall have all records related to payment of money owed under RSA 604-A:9 destroyed.
141:222 Repeal. The following are repealed:
I. RSA 21-I:4, IV, relative to the office of cost containment.
II. RSA 21-I:7-b, relative to the unit of cost containment.
III. RSA 604-A:2-a, relative to additional inquiry regarding appointed counsel for indigent criminal defendants.
IV. RSA 604-A:2-d, relative to partial liability regarding appointed counsel for indigent criminal defendants.
V. RSA 604-A:2-f, IV, relative to appointment of counsel for nonpayment or nonperformance.
VI. RSA 604-A:10, IV, relative to rulemaking authority by the commissioner of administrative services adopting rules governing determinations of eligibility for payment of indigent defense expenditures, determinations of repayment schedules, and financial and credit investigations.
VII. RSA 604-A:2, III, relative to commissioner decision on eligibility for counsel.
141:223 Education; Adequate Education; Education Trust Fund; Annual Adjustment. Amend RSA 198:40-d to read as follows:
198:40-d Annual Adjustment. Beginning July 1, [2024] 2026, and every year thereafter, the department of education shall adjust the following with an increase of 2 percent annually, rounded up to the nearest whole dollar:
I. Per pupil costs in RSA 198:40-a, II; and
II. [Extraordinary need grant "grant floor," "grant ceiling," "factor," and "max grant" as defined in RSA 198:40-f, II, (a)-(d); and
III.] Chartered public school additional grants under RSA 194-B:11, I(b)(1)(A) and (B).
141:224 Education; Adequate Education; Education Trust Fund; Extraordinary Need Grants. RSA 198:40-f is repealed and reenacted to read as follows:
I. In addition to aid for the cost of the opportunity for an adequate education provided under RSA 198:40-a, each year the commissioner shall calculate an extraordinary need grant for schools and provide that amount of aid to a municipality's school districts as follows:
(a) A municipality with an equalized valuation per pupil eligible to receive a free or reduced-priced meal of $1,697,933 or less shall receive $11,730 per pupil eligible to receive a free or reduced-price meal in the municipality's ADMR.
(b) A municipality with an equalized valuation per pupil eligible to receive a free or reduced-price meal between $1,697,934 and $7,003,972 shall receive a grant equal to $0.00221069 for each dollar of difference between its equalized valuation per pupil eligible to receive a free or reduced-price meal and $7,003,972 for each pupil eligible to receive a free or reduced-price meal in the municipality's ADMR.
(c) A municipality with an equalized valuation per pupil eligible to receive a free or reduced-price meal of $7,003,973 or more shall not receive an extraordinary need grant.
II. In this section:
(a) “Grant floor” means $1,697,933 in equalized valuation per free or reduced-price meal pupil.
(b) “Grant ceiling” means $7,003,973 in equalized valuation per free or reduced-price meal pupil.
(c) “Factor” means $0.00221069 for each dollar difference between equalized valuation per free or reduced-price meal pupil.
(d) “Maximum grant” means $11,730 per free or reduced-price meal pupil.
III. The extraordinary needs grants shall be calculated using the formula described in paragraph I, however, beginning July 1, 2027, and every year thereafter, the grant floor, grant ceiling, and maximum grant shall be increased by 2 percent. The factor shall be readjusted by taking the newly adjusted maximum grant and dividing by the difference between the grant floor and grant ceiling.
141:225 New Section; Education; Adequate Education; Education Trust Fund; Fiscal Capacity Disparity Aid. Amend RSA 198 by inserting after section 40-f the following new section:
198:40-g Fiscal Capacity Disparity Aid.
I. In addition to aid for the cost of the opportunity for an adequate education provided under RSA 198:40-a, each year the commissioner shall calculate a fiscal capacity disparity aid grant for schools and provide that amount of aid to a municipality's school districts as follows:
(a) A municipality with an equalized valuation per pupil of $1,000,000 or less shall receive $1,250 per pupil eligible in the municipality's ADMR.
(b) A municipality with an equalized valuation per pupil between $1,000,001 and $1,599,999 shall receive a grant equal to $0.00208333 for each dollar of difference between its equalized valuation per pupil and $1,599,999, for each pupil the municipality's ADMR.
(c) A municipality with an equalized valuation per pupil of $1,600,000 or more shall not receive a fiscal capacity disparity aid grant.
II. In this section:
(a) “Grant floor” means $1,000,000 in equalized valuation per pupil.
(b) “Grant ceiling” means $1,600,000 in equalized valuation per pupil.
(c) “Factor” means $0.00208333 for each dollar difference between equalized valuation per pupil.
(d) “Maximum grant” means $1,250 per pupil.
III. The fiscal capacity disparity aid grants shall be calculated using the formula described in paragraph I, however, beginning July 1, 2027, and every year thereafter, the grant floor, grant ceiling, and maximum grant shall be increased by 2 percent. The factor shall be readjusted by taking the newly adjusted maximum grant and dividing by the difference between the grant floor and grant ceiling.
141:226 Education; Adequate Education; Education Trust Fund; Determination of Education Grants. Amend RSA 198:41, I(a)-(c) to read as follows:
(a) Add the per pupil cost of providing the opportunity for an adequate education for which each pupil is eligible pursuant to RSA 198:40-a, I-III, and from such amount;
(b) Subtract the amount of the education tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:8 for the next tax year; [and]
(c) Add the municipality's extraordinary need grant pursuant to RSA 198:40-f[.];
(d) Add the municipality’s fiscal capacity disparity aid grant pursuant to RSA 198:40-g; and
(e) For municipalities with a total ADMR of 5,000 or more, subtract the amount necessary to limit the total additional targeted aid to $3,750 per pupil in the municipality’s ADMR. For the purpose of this paragraph, additional targeted aid shall be the sum of a municipality’s extraordinary needs grant and fiscal capacity disparity aid grant.
141:227 Effective Date. Sections 223-226 of this act shall take effect July 1, 2026.
141:228 Instruction in National and State History, Government, and Civics. Amend RSA 189:11, II to read as follows:
II.(a) As a component of instruction under this section, a locally developed competency assessment of United States government and civics that includes, but is not limited to, the nature, purpose, structure, function, and history of the United States government, the rights and responsibilities of citizens, and noteworthy government and civic leaders, shall be administered to students as part of the required high school course in history and government of the United States and New Hampshire.
(b) To be eligible for a graduation certificate, a student in a public, chartered public, non-public school, or a privately incorporated school that serves as a public school in the state, shall attain a locally sanctioned passing grade on the competency assessment, and [a grade of] shall score 70 percent or better on the 128 question civics (history and government) naturalization examination developed by the 2020 United States Citizen and Immigration Services. Public and chartered public schools shall use the assessment provided by the department of education.
(c) [Schools are required to] The department of education shall provide accommodations and may modify the naturalization examination for a child with a disability in accordance with the child's individualized education program.
(d) Annually, the department shall publish a report of the state and district results of the civics assessment.
(e) [By June 30 of each year, each school district, chartered public or] Non-public schools [school, or a privately incorporated school that serves as a public school in the state,] shall submit the results of the United States Citizenship and Immigration Services (USCIS) test to the department of education.
141:229 Appropriations; Department of Education; Computer Science Professional Development. Amend 2023, 79:81, I-III to read as follows:
I. There is hereby appropriated to the department of education the sum of $500,000 for the fiscal year ending June 30, 2023, for the purpose of encouraging New Hampshire certified educators to pursue eligible industry recognized credentials in the field of computer science. This appropriation shall not lapse until June 30, 2025. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
II. There is hereby appropriated to the department of education the sum of $2,741,871 for the fiscal year ending June 30, 2023, for the purpose of encouraging individuals holding an eligible industry recognized credentials to teach computer science or related courses of study in New Hampshire approved education programs. This appropriation shall not lapse until June 30, 2025. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
III. There is hereby appropriated to the department of education the sum of $455,000 for the fiscal year ending June 30, 2023, for the purpose of implementing the experiential robotics platform in all New Hampshire classrooms for grades 6-12 including, but not limited to the purchase of robotics kits from First New Hampshire Robotics, Experiential Robotics Platform, career and technical education of community college fabrication sites, and professional development delivery and support. The sum appropriated shall not lapse until June 30, 2025. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:230 Effective Date. Section 229 of this act shall take effect June 30, 2025.
141:231 Motor Vehicles; Administration of Motor Vehicle Laws; Identification Cards. Amend RSA 260:21, V(a) to read as follows:
V.(a) The fee for such card shall be [$10] $20 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his or her driver's license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65. A person who requires a photo identification card only for voter identification purposes may obtain a voucher in the form provided for in subparagraph (b) from his or her town or city clerk or the secretary of state exempting the voter from the identification card fee. Upon presentation of the voucher to the division, the actual costs of issuing the card shall be paid by the secretary of state from the election fund established under RSA 5:6-d. An identification card paid for by the secretary of state shall be valid for voter identification purposes only, and the card, which shall be known as a voter identification card, shall be marked "for voter identification only."
141:232 Motor Vehicles; Certificates of Title and Registration of Vehicles; Fees. Amend RSA 261:20, I(a)-(i) to read as follows:
(a) For filing an application for a first certificate of title, with or without a lienholder named, [$25] $35;
(b) For a certificate of title after a transfer, with or without a lienholder named, [$25] $35;
(c) For a duplicate certificate of title, [$25] $35;
(d) For an ordinary certificate of title issued upon surrender of a distinctive certificate, [$20] $40;
(e) For filing a notice of security interest, $20;
(f) For a certificate of search of the records of the division, for each name or identification number searched against, $20;
(g) For filing an assignment of security interest, $2;
(h) For issuing a distinctive New Hampshire number in place of a vehicle identification number, [$30] $40;
(i) For issuing a salvage vehicle decal pursuant to RSA 261:22, IV, [$50] $60.
141:233 Motor Vehicles; Certificates of Title and Registration of Vehicles; Twenty-Day Registration. Amend RSA 261:57, I to read as follows:
I. Any resident of this state who intends to purchase a vehicle in another state or from another person or who is unable to register a vehicle because of limited hours of operation of the town clerk in the town where the person resides may apply to the division or its substation or authorized agent nearest his or her residence for a registration to drive said vehicle on the ways of the state in an unregistered condition. Said resident shall appear in person at the division or substation to obtain such registration and shall sign under penalty of perjury a statement that the vehicle meets all New Hampshire inspection requirements, and in the case of a person seeking an extension of his or her registration, that he or she was unable to register the vehicle because of the limited hours of the town clerk, before said registration may be issued. Said registration shall be valid for 20 days from the time it is issued. Application blanks and permits in the form prescribed by the director shall be designed, printed, and supplied to the substations by the division. The fee for the issuance of a registration shall be [$10] $20. It shall be unlawful for any person to drive a vehicle on the ways of the state under a registration issued pursuant to this section unless said person has in his or her possession a valid bill of sale for the vehicle he or she is driving, or in the case of a person whose registration is extended, a copy of the form indicating he or she was unable to register because of the limited hours of the town clerk. No person shall make application for a 20-day registration on the same vehicle more than once within a 12-month period. Only 3 20-day registrations shall be issued on the same vehicle within a 12-month period.
141:234 Motor Vehicles; Certificates of Title and Registration of Vehicles; Fees to be Collected. Amend RSA 261:141, III to read as follows:
III. Prorated fees:
(a) For agricultural vehicles-[$3.60] $12.
(b) For each agricultural tractor-$[1.80] $12.
(c) For air compressors-[$6] $11.
(d) For cement mixers-[$6] $11.
(e) For saw rigs or log splitters-[$6] $11.
(If the equipment cited in RSA 261:141, III(c)-(e), is towed exclusively within the limits of a single city or town, the state registration fee shall not be collected.)
(f) For antique motorcycles-[$2.40] $12.
(g) For all motor vehicles other than those in RSA 261:141, I:
0-3000 lbs. [$31.20 ($2.60 per month)] $42 ($3.50 per month)
3001-5000 lbs. [$43.20 ($3.60 per month)] $48 ($4 per month)
5001-8000 lbs. [$55.20 ($4.60 per month)] $66 ($5.50 per month)
8001-73,280 lbs. [$ .96] $1.06 per hundred lbs. gross weight.
(h) Truck-tractors to be used in conjunction with a semi-trailer, gross weight shall include the weight of such tractors, the weight of the heaviest semi-trailer to be used therewith, and the weight of the maximum load to be carried thereby: up to 73,280 pounds [$.96] $1.06 per 100 pounds gross weight, over 73,280 pounds-[$1.44] $1.58 shall be charged for each 100 pounds gross weight or portion thereof in excess of 73,280 pounds.
(i) Each additional semi-trailer used in conjunction with such truck-tractor [$24.00] $26.40
(j) For semi-trailers or automobile utility trailers (the weight of the trailer shall include the maximum load to be carried thereby):
0-1000 lbs. [$ 3.00] $3.30
1001-1500 lbs. [6.00] $6.60
1501-3000 lbs. [12.00] $13.20
3001-5000 lbs. [24.00] $26.40
5001-8000 lbs. [36.00] $39.60
8001-up [.60] $0.66 per hundred lbs. gross weight.
(k) For each semi-trailer not registered in connection with a truck-tractor, the gross weight shall include the weight of such trailer and the weight of the maximum load to be carried thereby. The registration fee shall be [$.60] $0.66 per hundred lbs. gross weight and such trailer shall not be registered for less than 10,000 lbs.
(l) For equipment mounted on trucks of which the equipment is an integral part of the unit and the truck is not capable of carrying freight or merchandise, the registration fee shall be 1/3 of the regular fee charged as determined by the corresponding weight chart specified in subparagraph (i).
(m) For each farm truck or combination of motor type tractor and semi-trailer used only for transportation of agricultural products produced on and meant to be used in connection with the operation of a farm or farms owned, operated, or occupied by the registrant, for the first 16,000 pounds-[$24] $36, for any additional weight above 16,000 pounds-[$.74] $1.44 per hundred weight.
(n) For each additional or extra semi-trailer used in connection with a motor type tractor registered for farm purposes-[$24] $36. (In the event that a farm truck registered under the [$24] $36 fee as provided in this subparagraph and thereafter registered for general use during the same registration year, such fee shall be applied toward the fee for such general registration.)
(o) For each motorcycle-[$15] $30.
(p) For each moped-[$3] $14.
(q) For each motor vehicle used exclusively as a school bus or owned by a religious organization or a non-profit organization used exclusively as a bus for the transportation of its members in connection with functions of the organization for which no fee is charged-$24. (These provisions shall not apply to municipally owned vehicles nor to vehicles of public utilities or common carriers.)
(r) For antique motor vehicles other than antique motorcycles-[$6] $16.
(s) For each road oiler or bituminous distributor-$72.
(t) For plates issued to motor vehicle repairer-$24 for the first set of plates, [$9] $18 for each additional set of plates.
(u)(1) For each vehicle, owned by or under control of a manufacturer, wholesaler, or dealer-[$200] $400 for the first plate.
(2) For every additional plate-[$12] $24.
(v) For motor vehicles owned by or under control of automotive recycling dealer licensee-[$30] $60 up to first 7,000 lbs., over 7,000 lbs.-[$.74] $1.44 per 100 lbs. gross weight.
(w)(1) For motorcycles owned or under the control of a manufacturer or dealer in motorcycles-[$12] $24 for the first plate.
(2) For every additional plate-[$3] $6.
(x)(1) For mopeds owned or under the control of a manufacturer or dealer in mopeds-[$12] $24 for the first plate.
(2) For every additional plate-[$3] $6.
(y) For each transporter-[$36] $72. Additional sets of number plates at [$18] $36 per set.
(z) For each utility dealer registration-[$36] $72. Additional number plates at [$9] $18 per plate.
(aa) For ski area vehicles-$6.
(bb) For construction equipment as defined by RSA 259:42-the exclusive fee charged by the state shall be [$25] $40.
(cc) For each vanity number plate set-[$40] $60.
(dd) For agricultural/industrial utility vehicles the registration fee shall be 1/3 of the registration fee determined by the corresponding weight chart specified in subparagraph (g).
141:235 Motor Vehicles; Certificates of Title and Registration of Vehicles; Fees to be Collected. Amend RSA 261:141, VII(f) to read as follows:
(f) For the replacement of lost or illegible validation sticker-[$1] $5.
141:236 Motor Vehicles; Certificates of Title and Registration of Vehicles; Fees to be Collected. Amend RSA 261:141, IX to read as follows:
IX. For every certified copy of and duplicate of a certificate of registration-[$15] $20.
141:237 Motor Vehicles; Drivers' Licenses; Driver's License Fees. Amend RSA 263:42, II-IV-a to read as follows:
II. For every certified copy of a registration, license, or driving record, [$15] $20, except that the commissioner shall waive the fee for local, state, and federal law enforcement and criminal justice agencies requesting such information for investigative purposes and may, for good cause, waive the fee in cases involving other government agencies or the public defender if the commissioner determines that such a waiver is in the public interest.
III. No fee shall be charged for a driver's license issued to a disabled veteran who because of being an amputee or a paraplegic has received a motor vehicle from the United States government. The provisions of this paragraph shall apply to a veteran who, because of a disability incurred in, or aggravated by such service, and upon satisfactory proof that the veteran is evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from such service-connected disability.
IV. A duplicate copy of a photographic license or a new license with a different classification because of a commercial driver license disqualification may be issued for a fee of [$10] $20. For the purpose of this chapter, the term "duplicate copy" shall mean an additional license containing an indicator that the license is a duplicate. A new photograph need not be taken.
IV-a. For a new driver's license because of a change of address, [$3] $10.
141:238 Vanity Number Plates; Fees. Amend RSA 261:89 to read as follows:
261:89 Vanity Number Plates. The director is hereby authorized to design and to issue, under such rules as the director deems appropriate, vanity number plates to be used on motor vehicles in lieu of other number plates. Such number plates shall be of such design and shall bear such letters or letters and numbers as the director shall prescribe, but there shall be no duplication of identification. Such number plates or a changeable designation of the effective period thereof, as the director shall determine, shall be issued only upon application therefor and upon payment of a special vanity plate service fee of [$40] $60, said special fee to be in addition to the regular motor vehicle registration fee and any other number plate manufacturing fee otherwise required by law for the particular vehicle. Plates shall be renewed on an annual basis for [$40] $60 per set. All special fees collected under this section shall be paid to the state treasurer and distributed as provided by RSA 263:52. Upon rejection of an application for vanity number plates, the director shall refund or credit the collected special vanity plate service fee. The director shall recall any vanity number plates that have been issued which do not conform to applicable law and rules, regardless of when the plates were issued. Any person whose application for vanity number plates has been rejected or whose vanity number plates have been recalled shall be issued a number plate of the same classification as the plate that had been requested or recalled. The prorated by month portion of the special vanity plate service fee shall be refunded or credited to the person whose vanity number plates have been recalled.
141:239 Vanity Plates; Fee Collection. Amend RSA 261:141, VII(d) to read as follows:
(d) For vanity plate service fee-[$40] $60.
141:240 Driver Training Fund; Application of Vanity Plate Fee. Amend RSA 263:52, II to read as follows:
II. The [$40] $60 vanity plate service fee and the fee for renewal of vanity number plates shall automatically be credited to the driver training fund until all fees in such fund equal the amount of money estimated by the general court as available for expenditure for course materials, licensing of schools, and certification services in connection with driver training from that fund for that fiscal year. Once the driver training course materials, licensing of schools, and certification services have been funded in accordance with the legislative estimates for the current fiscal year, the next 1.5 million dollars shall be transferred to the department of safety as restricted revenue, thereafter the balance of all such fees shall be transferred to the general fund and shall be available as unrestricted revenue.
141:241 Effective Date. Sections 231 through 240 of this act shall take effect January 1, 2026.
141:242 Nonresident Who Establishes a Residency in the State. Amend RSA 263:35 to read as follows:
263:35 Nonresident Who Establishes a Residency in the State.
I.(a) Notwithstanding the provisions of RSA 261:44 or any other law to the contrary, any nonresident driver of a motor vehicle who holds a valid driver's license in another jurisdiction, upon the establishment of a bona fide residency in this state, shall have a maximum of 60 days from the date his or her residency was established to obtain a driver's license issued by the state of New Hampshire; provided that H-2A temporary agricultural workers satisfying the requirements under RSA 263:35-a shall have a maximum of 300 days.
(b) An individual subject to subparagraph (a), who ceases to be a resident of this state within 60 days of establishing a bona fide residency and has not yet obtained a driver's license issued by the state of New Hampshire, shall notify the director of their departure from the state.
(c) A resident subject to subparagraph (a), whose out-of-state driver's license expires or is relinquished after becoming a resident of this state shall notify the director.
II. The director shall notify any individual in violation of paragraph I who is more than 30 days past a deadline provided in this section. The notification shall be sent to the in-state address and out-of-state address, if available. The director shall begin sending such notifications within one year of the effective date of this section.
III. The director, for good cause shown, may grant an extension of a deadline in this section to any individual.
141:243 New Subparagraph; Centralized Voter Registration Database; Information Sharing. Amend RSA 654:45, IV(b) to read as follows:
(b) Voter database record data shall be verified by matching the records with those of the department of safety and the federal Social Security Administration as are required by law, and with the records of the state agency or division charged with maintaining vital records. For this purpose, the voter registration record database may be linked to the state agency or division charged with maintaining vital records and the department of safety, provided that no linked agency or division may save or retain voter information or use it for purposes other than verifying the accuracy of the information contained in the voter database. The link authorized by this subparagraph shall not allow the department of state or election officials direct access to the motor vehicle registration or driver's license records maintained by the division of motor vehicles; provided that such link shall authorize the department of state to identify voter records with out-of-state driver’s license information where the record cannot be matched to an in-state driver’s license obtained within the deadline provided in RSA 263:35. The secretary of state shall authorize the release of information from the voter database necessary for the department of safety to notify an individual pursuant to RSA 263:35, II. The commissioner of safety may authorize the release of information from motor vehicle registration and driver's license records to the extent that the information is necessary to department of state and department of safety cooperation in a joint notification to individuals of apparent discrepancies in their records and to the extent that the information is necessary to resolve those discrepancies. The commissioner of safety and the secretary of state are authorized to enter into an agreement that establishes the services to be provided by the department of safety and the cost for those services. The department of safety shall not be required to provide any services under this subparagraph unless an agreement is in place and there are sufficient funds in the election fund to pay the cost for the services. The system shall facilitate the identification and correction of voter registration records whenever a registered voter has died or has been disenfranchised pursuant to part I, article 11 of the New Hampshire constitution or RSA 654:5 through RSA 654:6, or when the domicile address does not match the address provided by the same individual to the department of safety.
141:244 Motor Vehicle Air Pollution Abatement Fund; Definitions. Amend RSA 125-S:2 to read as follows:
125-S:2 Definitions. In this chapter:
I. "Department" means the department of environmental services.
II. ["Motor vehicle inspection fee" means the fee collected by the department of safety pursuant to RSA 266:2.
III.] "Mobile source" means, for the purposes of this chapter, any motor vehicle registered for on-road use by the department of safety, division of motor vehicles.
141:245 Inspection; Power Unit and Trailer. Amend RSA 266:18-d, III to read as follows:
III. Vehicles so certified include the power unit and trailer. The vehicle shall be certified upon submission to the department of documentation satisfactory to the department from the manufacturer attesting that the vehicle is capable of safely carrying the additional weight. Such attestation shall be required upon the first application for certification and a new attestation shall be required at any time when the configuration of the vehicle relative to power unit, axles, springs, or other safety items that could affect the vehicle's ability to qualify for an excess weight certification is altered. Such attestation shall designate the maximum safe gross weight for the vehicles as determined by the components and the summation of the manufacturer's axle design limits for each axle of the vehicle [The power unit and trailer shall be required at all times to have a current inspection sticker or decal from an official inspection station].
141:246 Inspection; Rulemaking. Amend RSA 266:18-d, VI to read as follows:
VI. The commissioner or his designee may revoke or suspend any additional
registration granted pursuant to paragraph V of any vehicle or vehicles which are being driven in violation of the limits established by RSA 266:18-b or any other provision of law as evidenced by a record of such violations. The commissioner shall adopt rules pursuant to RSA 541-A pertaining to the procedures for such revocation or suspension and the application[,] and certification[, and inspection] process for additional truck weights, as well as procedures to become certified as a vehicle inspector for additional weights.
141:247 Inspection; Motorcycle Noise. Amend RSA 266:59-a to read as follows:
266:59-a Motorcycle Noise Levels.
I. No person shall operate in this state any motorcycle which produces a sound level in excess of the following decibels, when measured in accordance with the provisions of the SAE International Recommended Practice SAE J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles":
(a) For all motorcycles, 92 decibels while the engine is operating at idle speed; or
(b) For motorcycles with less than 3 or more than 4 cylinders, 96 decibels while the engine is operating at 2,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less; or
(c) For 3 and 4 cylinder motorcycles, 100 decibels while the engine is operating at 5,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less.
[II. No person shall pass for the purposes of the inspection required by RSA 266:1 any motorcycle which produces a sound level in excess of the following decibels, when measured in accordance with the provisions of the SAE International Recommended Practice SAE J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles":
(a) For all motorcycles, 92 decibels while the engine is operating at idle speed; or
(b) For motorcycles with less than 3 or more than 4 cylinders, 96 decibels while the engine is operating at 2,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less; or
(c) For 3 and 4 cylinder motorcycles, 100 decibels while the engine is operating at 5,000 revolutions per minute or 75 percent of maximum engine speed, whichever is less.
III.] II. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not less than $100 nor more than $300.
141:248 Inspection; Odometers. Amend RSA 266:60 to read as follows:
266:60 Standards for Odometers. No passenger motor vehicle designated as a 1972 or later model which is manufactured after January 1, 1972, shall be registered in this state unless it is equipped with a tamper-resistant odometer designed with the intent to reduce the likelihood of unlawful tampering with the mileage reading thereon. The director may adopt rules pursuant to RSA 260:5 establishing standards for such devices, which standards shall be consistent with provisions of federal law, if any, relating thereto. The director shall not require, as a condition precedent to the initial sale of a vehicle, [the inspection,] certification or other approval of such odometer if such device or equipment has been certified by the manufacturer as complying with federal or state law or rule.
141:249 Street Rod Equipment; Inspection. Amend RSA 266:13, I to read as follows:
I. A vehicle registered as a street rod shall be equipped as prescribed by RSA 266 [and state of New Hampshire official inspection station rules adopted pursuant to RSA 541-A,] as [they] it may be applicable to vehicles whose model year is prior to the year 1949.
141:250 Custom Vehicles; Inspection. Amend RSA 266:115, I to read as follows:
I. A vehicle registered as a custom vehicle shall be equipped as prescribed by RSA 266 [and state of New Hampshire official inspection station rules adopted pursuant to RSA 541-A], as [they] it may be applicable to such vehicles.
141:251 Sale of Unsafe Used Motor Vehicles; Inspection. Amend RSA 358-F:2 to read as follows:
358-F:2 Inspection. Before selling to any customer any used motor vehicle which is believed by the customer to be unsafe for operation upon the highways pursuant to [RSA 266:8] RSA 266, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states: This motor vehicle [will not pass a New Hampshire inspection and] is unsafe for operation upon the highways pursuant to RSA 266. The following defects must be corrected [before an inspection sticker will be issued]. The dealer shall list all [inspection] defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection.
141:252 Sale of Unsafe Used Motor Vehicles; Remedy. Amend RSA 358-F:4 to read as follows:
358-F:4 Remedy. A failure of any dealer to comply with the provisions of this section, or a concealment by any dealer of any defect which was discovered, or should have been discovered, during the inspection [required by] requested under RSA 358-F:2 is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
141:253 Repeal. The following are repealed:
I. RSA 125-S:4, relative to the motor vehicle air pollution abatement fund.
II. RSA 260:6-a, relative to administrative review of sanctions against inspection stations.
III. RSA 260:6-b, relative to point system for automobile dealer and inspection station violations.
IV. RSA 266:1, relative to inspection authorized.
V. RSA 266:1-a, relative to state police duties relative to vehicle inspection.
VI. RSA 266:1-b, relative to inspection of trailers.
VII. RSA 266:2, relative to fees.
VIII. RSA 266:3, relative to inspection of spare tires.
IX. RSA 266:3-a, relative to rust.
X. RSA 266:4, relative to repair of defective equipment.
XI. RSA 266:5, relative to penalties for failing to obey inspection requirements.
XII. RSA 266:6, relative to driving of uninspected vehicles.
XIII. RSA 266:8, relative to sales of unsafe vehicles.
XIV. RSA 266:59-b, relative to emission control equipment.
XV. RSA 266:78-o, relative to emergency and warning lights; duties of official inspection stations.
141:254 Directive; Department of Environmental Services. The department of environmental services shall submit an amendment to the state implementation plan to alter the emissions testing program consistent with the provisions of sections 244 through 255 of this act to the United States Environmental Protection Agency for approval as soon as practicable, but no later than 180 days from the effective date of this section.
141:255 Contingency. Section 244 and paragraphs I and XIV of section 253 of this act shall take effect September 30, 2026, or the date when the commissioner of the department of environmental services certifies to the director of the office of legislative services that the United States Environmental Protection Agency has approved amendments to the state implementation plan as they relate to emissions testing under the state's vehicle inspection program, whichever is earlier.
I. Section 254 of this act shall take effect upon its passage.
II. Section 244 and paragraphs I and XIV of section 253 of this act shall take effect as provided in section 255 of this act.
III. Sections 245-252, paragraphs II-XIII of section 253, and paragraph XV of section 253 of this act, shall take effect January 31, 2026.
141:257 Statement of Findings. The general court hereby finds that:
I. New Hampshire is facing serious gaps in maternal health and wellness and continues to face threats to the fragile maternal health ecosystem.
II. The New Hampshire maternal mortality committee determined that 76.1 percent of New Hampshire pregnancy-related deaths were preventable.
III. Nationwide, data show that 53 percent of pregnancy-related deaths occurred between one day to one year after pregnancy.
IV. New Hampshire has a high prevalence of depression, anxiety, and behavioral health conditions, including substance overdose, a leading cause of maternal mortality.
V. The majority of maternal deaths as the result of an overdose have connections to prior mental health conditions.
VI. Seventy-eight percent of New Hampshire moms worked during pregnancy, and 62 percent of New Hampshire moms plan to return or return to the workforce after giving birth.
141:258 New Section; Maternal Mental Health Screening. Amend RSA 126-A by inserting after section 101 the following new section:
126-A:101-a Maternal Mental Health Screening.
I. The department of health and human services shall cover maternal depression screenings at well-child visits under the state Medicaid program. The department shall recommend that health care providers screen mothers for maternal depression at all well-child visits.
II. The department is authorized to use the following Medicaid coverage categories to reimburse depression screening:
(a) Early and periodic screening, diagnostic, and treatment services.
(b) As an assessment under the mother’s Medicaid identification number.
(c) As a risk assessment under the infant’s Medicaid identification number.
III. As used in this section, “maternal depression screening” means screening tools for maternal mental health that are consistent with current standard of care and under the supervision of a certified health care provider.
141:259 New Section; Maternal Depression Screening Coverage. Amend RSA 417-D by inserting after section 2-c the following new section:
417-D:2-d Maternal Depression Screening Coverage.
I. Each health carrier that issues or renews any group policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, shall provide to certificate holders of such insurance coverage for maternal depression screening.
II. Covered benefits shall include:
(a) Periodic prenatal and postpartum depression screening of the pregnant and postpartum patient under the patient’s plan.
(b) Periodic maternal depression screening for the mother of a child at the child’s one month, 2 month, 4 month, and 6 month well-child visits under the child’s plan.
(c) Instruction to the mother on the results of screening and referral to mental health and/or community based resources.
III. In this section:
(a) “Maternal depression screening” means any and all screening tools for maternal mental health that is consistent with current standard of care and under the supervision of a certified health care provider.
(b) “Pregnant or postpartum patient” is defined as an individual who:
(1) Is pregnant or within 12 months of giving birth; or
(2) Has lost a pregnancy or relinquished an infant for adoption within the previous 12 months.
IV. This section shall not apply to plans available through the Small Business Health Options Program (SHOP).
141:260 Appropriation; Department of Health and Human Services; Perinatal Psychiatric Provider Consult Line. The sum of $275,000 for the fiscal year ending June 30, 2028 is hereby appropriated to the department of health and human services to support the establishment of a perinatal psychiatric provider consult line. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:261 Appropriation: Department of Health and Human Services; Reduction of Barriers for Independent Birth Centers; Agency Study and Report. The sum of $30,000 for fiscal year ending June 30, 2026, is hereby appropriated to the department of health and human services to utilize existing contracts to additionally examine barriers to the sustainability of independent birth centers in New Hampshire and identify ways to reduce burdens and encourage their sustainability. The department shall report its findings and recommendations, including any necessary legislation and rulemaking changes, to the senate president, the speaker of the house of representatives, the governor, the house clerk, and the senate clerk on or before June 30, 2026.
141:262 New Sections; Women's Health Care. Amend RSA 417-D by inserting after section 2-d the following new sections:
417-D:2-e Coverage of Perinatal Mental Health and Substance Use Disorder Treatment.
I. Any group health plan or health insurance issuer offering group health insurance coverage, that provides benefits with respect to mental health and substance use disorders treatment furnished to a perinatal individual enrolled under such plan or coverage, may choose to waive copayment for such services.
II. For a health care contract that meets the definition of a "high deductible plan" set forth in 26 U.S.C. section 223(c)(2), this requirement shall apply only after the enrollee has satisfied the minimum deductible under section 223 for the year, except with respect to items or services that are preventive care pursuant to section 223(c)(2)(C) of the federal Internal Revenue Code, in which case paragraph I shall apply regardless of whether the minimum deductible under section 223 has been satisfied.
III. In this section:
(a) “Perinatal individual” shall refer to an individual who:
(1) Is pregnant or is within 12 months of giving birth;
(2) Is a biological parent or an adoptive or foster parent who is within 12 months from assuming custodial care of a child; or
(3) Has lost a pregnancy or relinquished an infant for adoption within the previous 12 months.
(b) “Substance use treatment” and "substance use disorder services" mean health care services that are provided to a covered person as treatment for an addictive substance-related condition, not including treatment for any condition related to tobacco use.
417-D:2-f Coverage of Perinatal Home Visiting Services.
I. Each health carrier that issues or renews any group policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, shall provide certificate holders of such insurance coverage for home visiting services for pregnant and postpartum women who do not otherwise qualify.
II. Covered benefits shall include:
(a) Home visiting services for pregnant and postpartum women up to 12 months post birth of a child provided by a qualified health professional with maternal and pediatric health training.
(b) Instruction, resource referral, and materials necessary to home visiting care.
III. In this section, “home visiting services” includes evidence-based, voluntary home, or community-based services for mothers and caregivers with newborns aimed at improving maternal and child health, including but limited to:
(a) Screenings for unmet health needs;
(b) Maternal and infant nutritional needs;
(c) Emotional health supports, including postpartum depression supports; and
(d) Resource and referral.
141:263 New Section; Expand Employee Protection to Attend Pregnancy Appointments to Postpartum and Fertility Appointments. Amend RSA 275 by inserting after section 37-e the following new section:
275:37-f Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Medical Appointments.
No employer with 20 employees or more, shall deny an employee leave from work up to a total of 25 hours to attend the employee’s own medical appointments for childbirth, postpartum care, or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption. In the case where both parents of a child are employees of the same employer, the parents collectively may take unpaid leave according to this section, for a total of 25 hours in their child’s first year. An employer is not required to pay an employee for any time taken as leave pursuant to this section. However, an employee shall be permitted to substitute any accrued vacation time or other appropriate paid leave for any leave taken pursuant to this section. When the employee returns from their own or their child’s health appointments, that employee's original job shall be made available to the employee by the employer. An employee who wishes to request leave under this section shall provide reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer. An employer may ask for documentation from the employee to ensure the time is being used for its intended purpose.
141:264 Department of Health and Human Services; Perinatal Peer Support. The department of health and human services shall study how to operationalize a perinatal peer support certification program and determine best practices for perinatal peer support. The department shall provide a report of their findings to the senate president, speaker of the house of representatives, the senate clerk, house clerk, and governor no later than November 1, 2026.
I. Sections 258, 259, 262, and 263 of this act shall take effect January 1, 2026.
II. Section 260 of this act shall take effect July 1, 2027.
141:266 Ten-Year Transportation Improvement Program; State and Federal Funding. Amend RSA 228:114 to read as follows:
228:114 State and Federal Funding.
I. Any public-private partnership projects utilizing federal or state funding shall be approved as part of the state 10-year transportation improvement program in accordance with RSA 240.
II. All proceeds or revenues to the state derived from public-private partnerships and intended for payment to the department of transportation shall be credited to the department of transportation, restricted in accordance with the approved public-private partnership agreement, continuously appropriated, and non-lapsing.
141:267 Fish and Game; Gifts, Donations, and Raffles. Amend RSA 206:33-a to read as follows:
206:33-a Gifts, [and] Donations, and Raffles; Account Established.
I. Notwithstanding any other provision of law to the contrary, individual gifts and donations not exceeding $2,500 in value in a year may be received by the fish and game department with the consent of the commission and without the approval of the governor or the governor and council. Individual gifts and donations exceeding $2,500 in value in a year may be received by the fish and game department with the consent of the commission and with the approval of the governor and council.
I-a. The fish and game department is authorized to conduct raffles for fundraising purposes. Revenue received shall be credited to the gifts, donations, and raffles account established in RSA 206:33-a, II.
II. There is established an account within the fish and game fund to be known as the gifts, [and] donations, and raffles account. Moneys in the gifts and donations account are nonlapsing and continually appropriated to the fish and game department. All gifts and donations shall be deposited in this account, except gifts and donations made to the department in support of a specific program that has an established dedicated account in title XVIII which shall be deposited into the appropriate dedicated account and expended in accordance with the purpose of the dedicated account.
III. This section shall not apply to gifts, grants, bequests, or donations received pursuant to RSA 206:33-c or RSA 212-B:6.
141:268 Fish and Game; Gifts, Donations, and Raffles. Amend RSA 6:12, I(b)(231) to read as follows:
(231) Moneys deposited in the fish and game department gifts, [and] donations, and raffles account under RSA 206:33-a.
141:269 Pheasant License Revenues. Amend RSA 206:35-a to read as follows:
206:35-a Pheasant License Revenues. The state treasurer shall establish a separate account to which shall be credited all moneys collected by the fish and game department from issuance of pheasant licenses under RSA 214:9, X. The moneys in said account shall be used only for purchase or propagation of pheasants, as well as for program management and implementation, and is hereby appropriated for said purposes. Said funds shall be expended for the purposes hereof as determined by the executive director with the approval of the commission. The moneys in said account shall be nonlapsing.
141:270 Fish Food Sales Revenue Account; Transfer. Notwithstanding any law to the contrary, any amount remaining in the fish food sales revenue account established under RSA 206:35-c, shall be transferred to the fish and game fund on June 30, 2025.
141:271 Repeal. The following are repealed:
I. RSA 206:35-c, relative to the fish food sales revenue account.
II. RSA 6:12, I(b)(182), relative to the fish food sales revenue account.
141:272 Effective Date. Sections 270 and 271 of this act shall take effect June 30, 2025.
141:273 New Hampshire Retirement System; Membership; Division of Fire Safety. Amend RSA 100-A:3, III-c to read as follows:
III-c. Notwithstanding the provisions of RSA 100-A:1, VIII, any permanent fireman who has been a group II member and who has 10 years' fire service experience, or any person included in the definition of "fire service personnel" as defined in RSA 21-P:25, II(c) who has 10 years' fire service experience, who is or becomes the director of the division of fire safety, the director of the division of homeland security and emergency management, the director of the division of fire standards and training and emergency medical services, any fire instructor, supervisor, instructor, or other technical specialist who has hazardous materials, firefighting, or rescue training functions and who has as a job requirement satisfied the fire standards and training commission's entrance and certification requirements for physical condition, education, and training shall be construed to be a permanent fireman for the purposes of membership in group II and shall remain in the system for the duration of service in that capacity with the fire standards and training commission or the division of fire safety.
141:274 Public School Infrastructure Fund. Amend the introductory paragraph of RSA 198:15-y, III to read as follows:
III. The public school infrastructure commission may authorize the department of education to fund expenditures [with approval of the fiscal committee of the general court] for the following purposes:
141:275 Education; Special Education; Program Approval, Monitoring, and Corrective Action. Amend RSA 186-C:5, IX to read as follows:
IX. The department, with input from the advisory committee on the education of children/students with disabilities, shall select and contract with an independent, nationally recognized organization in program evaluation and quality assurance to evaluate in 2010, 2015, and decennially thereafter, the effectiveness of the program approval and monitoring system, including whether it is carrying out activities in RSA 186-C:5 in an efficient manner. Such organization shall submit recommendations for any improvements to the commissioner, the state board of education, the governor, and the general court within 90 days of completing the program evaluation. On or before September 1, 2013, the department shall submit a written response to the report submitted by the organization that conducted the 2012 independent evaluation. The written response shall include a detailed plan for how the department will address the areas identified as needing improvement and the recommendations made in the initial evaluation required under this section. The written response shall include specific steps the department plans to take, along with a timeline for each step. The written response shall also provide an explanation for any actions the department will not implement or complete during the plan's timeframe. On or before December 30, 2013, and June 30, 2014, the department shall submit a report of its progress toward completing its plan. The plan and reports shall be submitted to the governor, to the chairpersons of the senate and house committees with jurisdiction over education policy, to the state advisory committee for the education of children with disabilities established in RSA 186-C:3-b, and to the state board of education. For the 2015 evaluation, the department shall invite the same organization that conducted the 2012 evaluation to respond to a request for proposals. The 2015 evaluation shall include feedback on the steps the department has taken in response to the recommendations in the 2012 report. The department shall provide unimpeded access to all documents requested by the organization, except as otherwise required by law. For the 2025 evaluation, the department may utilize the Special Education Dispute Resolution performance audit and the Special Education performance audit from the audit division of the office of legislative budget assistant of the New Hampshire general court to meet this requirement.
141:276 Education; Special Education; State Aid. Amend RSA 186-C:18, III(a)-(b) to read as follows:
III.(a) The [state board of education through the commissioner,] department of education[,] shall distribute aid available under this paragraph as entitlement to such school districts as have a special education pupil for whose costs they are responsible, for whom the costs of special education in the fiscal year exceed 3 and 1/2 times the [estimated] most current state average expenditure per pupil for the school year preceding the year of distribution. [If in any year, the amount appropriated for distribution as special education aid in accordance with this section is insufficient therefor, the appropriation shall be prorated proportionally based on entitlement among the districts entitled to a grant.] If in any year, the amount appropriated for distribution as special education aid in accordance with this section is insufficient therefor, the appropriation shall be prorated proportionally based on entitlement among the districts entitled to a grant, provided that the department of education shall distribute to the school district not less than 80 percent of the district’s entitlement in the fiscal year. [If there are unexpended funds appropriated under this paragraph at the end of any fiscal year, such funds shall be distributed for court-ordered placements and episodes of treatment under RSA 186-C:19-b.] The state may designate up to $250,000 of the funds which are appropriated as required by this paragraph, for each fiscal year, to assist those school districts which, under guidelines established by rules of the state board of education, may qualify for emergency assistance to mitigate the impact of special education costs. The state may designate up to an additional $250,000 of the funds which are appropriated under this paragraph for each fiscal year for any community of 1,000 or fewer residents to mitigate the impact of special education costs when emergency assistance is necessary to prevent significant financial harm to such district or community. Upon application to the commissioner of education, and approval by the commissioner, such funds may be accepted and expended by school districts in accordance with this chapter; provided, however, that if a school district has received emergency assistance funds for certain children with disabilities, it shall not receive special education aid for those same children with disabilities. If any of the funds designated for emergency assistance under this paragraph are not used for such emergency assistance purposes, the funds shall be used to assist school districts in meeting special education cost increases in their special education programs as provided by this paragraph.
(b) The school district shall be liable for 3 and 1/2 times the estimated state average expenditure per pupil for the school year preceding the year of distribution, plus 20 percent of the additional cost, up to 10 times the estimated state average expenditure per pupil for the school year preceding the year of distribution.
141:277 Effective Date. Section 276 of this act shall take effect September 1, 2025.
141:278 Education; Special Education; State Aid. Amend RSA 186-C:18, IV to read as follows:
IV. [The state shall appropriate an amount for each fiscal year to assist special education programs that are statewide in their scope, and that meet the standards for such programs established by the state board of education. Funds under this paragraph shall be administered and distributed by the state board of education through the commissioner.] The amount necessary to fund special education aid under this section is hereby appropriated to the department from the education trust fund created under RSA 198:39. The governor is authorized to draw a warrant from the education trust fund to satisfy the state's obligation under this section. Such warrant for payment shall be issued regardless of the balance of funds available in the education trust fund. If the balance in the education trust fund, after the issuance of any such warrant, is less than zero, the state comptroller shall transfer sufficient funds from the general fund to eliminate such deficit. The commissioner of the department of administrative services shall inform the fiscal committee and the governor and council of such balance. This reporting shall not in any way prohibit or delay the distribution of payments.
141:279 The State and Its Government; State Treasurer and State Accounts; New Hampshire Excellence in Higher Education Endowment Trust Fund Established. Amend RSA 6:38, I to read as follows:
I. There is hereby established in the office of the treasurer the New Hampshire excellence in higher education endowment trust fund which shall be kept distinct and separate from all other funds. [Annual] During the biennium ending June 30, 2027, annual assessments less any annual administrative costs received from the New Hampshire college tuition savings plan established under RSA 195-H, and less $6,000,000 per year of gross proceeds from assessments collected, which shall be allocated to the general fund, shall be credited to the trust fund to provide scholarships for the benefit of residents of the state pursuing programs of study at eligible educational institutions within the state.
141:280 The State and Its Government; State Treasurer and State Accounts; New Hampshire Excellence in Higher Education Endowment Trust Fund Established. Amend RSA 6:38, I to read as follows:
I. There is hereby established in the office of the treasurer the New Hampshire excellence in higher education endowment trust fund which shall be kept distinct and separate from all other funds. [During the biennium ending June 30, 2027,] Annual assessments less any annual administrative costs received from the New Hampshire college tuition savings plan established under RSA 195-H[, and less $6,000,000 per year of gross proceeds from assessments collected, which shall be allocated to the general fund,] shall be credited to the trust fund to provide scholarships for the benefit of residents of the state pursuing programs of study at eligible educational institutions within the state.
141:281 Effective Date. Section 280 of this act shall take effect July 1, 2027.
141:282 Agency Directive; Department of Health and Human Services. For the biennium ending June 30, 2027, the department of health and human services shall not use general funds to enroll any new participants into the state loan repayment program (SLRP). The department may continue to use general funds to fund existing agreements with existing participants who enrolled in the SLRP prior to this section taking effect.
141:283 Department of Health and Human Services; Contracts. All department of health and human services contracts or contract amendments shall include a provision requiring the contractor to comply with the patients' bill of rights as applicable pursuant to RSA 151:21.
141:284 Applicability. Section 283 of this act shall apply to contracts or contract amendments entered into on or after the effective date of that section.
141:285 Repeal. Section 283 of this act, relative to department of health and human services contracts, is repealed.
I. Section 285 of this act shall take effect November 30, 2026.
II. Sections 283 and 284 of this act shall take effect 60 days after its passage.
141:287 New Subparagraphs; County Reimbursement of Funds; Limitation on Payments. Amend RSA 167:18-a, III(b) by inserting after subparagraph (4) the following new subparagraphs:
(5) For fiscal year 2026, in addition to the $5,000,000 allocated pursuant to subparagraph III(b)(3), an aggregate credit of $5,625,000 shall be allocated among the counties based upon their relative proportional share of overpayments in fiscal year 2020 and fiscal year 2021.
(6) For fiscal year 2027, in addition to the $5,000,000 allocated pursuant to subparagraph III(b)(3), an aggregate credit of $5,625,000 shall be allocated among the counties based upon their relative proportional share of overpayments in fiscal year 2020 and fiscal year 2021.
(7) For fiscal year 2028, in addition to the $5,000,000 allocated pursuant to subparagraph III(b)(3), an aggregate credit of $5,625,000 shall be allocated among the counties based upon their relative proportional share of overpayments in fiscal year 2020 and fiscal year 2021.
(8) For fiscal year 2029, in addition to the $5,000,000 allocated pursuant to subparagraph III(b)(3), an aggregate credit of $5,625,000 shall be allocated among the counties based upon their relative proportional share of overpayments in fiscal year 2020 and fiscal year 2021.
141:288 Department of Health and Human Services; Foster Grandparent Program. The reimbursements to the foster grandparent program through the senior volunteer grant program, established in RSA 161-F:40, are hereby suspended for the biennium ending June 30, 2027.
141:289 The State and Its Government; New Hampshire Recovery Monument Commission; Commission Established; Special Account. Amend RSA 4:9-p, II to read as follows:
II. The gifts of money, which are donated to contract, construct, and maintain the monument, shall be placed in a special nonlapsing account in the state treasury, to be expended for the purposes of the New Hampshire recovery monument. Any money remaining in the special account after construction of the monument is completed shall be used for the care, maintenance, repair, and additions to the monument. Any funds left in the special account after annual care, maintenance, and repair of the monument shall be deposited in the [alcohol abuse prevention treatment] addiction, treatment, and prevention fund under RSA 176-A:1. Notwithstanding any other provision of law, the commission may expend the money raised or accepted as a gift without the approval of governor and council, to contract for the construction and perpetual maintenance of the monument.
141:290 New Hampshire Recovery Monument Commission; Commission Membership. Amend RSA 4:9-q to read as follows:
4:9-q Commission Membership and Duties.
I. The members of the commission established in RSA 4:9-p shall be as follows:
(a) One senator, appointed by the president of the senate.
(b) Two representatives, appointed by the speaker of the house of representatives.
(c) Two directors of recovery organizations, appointed by the governor.
(d) Two persons in recovery, appointed by the governor.
(e) Two family members of persons lost to substance use disorder, appointed by the governor.
(f) The chairperson of the recovery task force of the governor's commission on [alcohol and drug abuse, prevention,] addiction, treatment, and [recovery] prevention, or designee.
(g) The president of New Futures, or designee.
(h) The director of National Alliance for Mental Illness, New Hampshire (NAMI-NH), or designee.
(i) The commissioner of the department of health and human services, or designee.
II.(a) The members appointed pursuant to subparagraphs (a), (b), and (i) shall serve coterminous with their terms in office. The remaining members of the commission shall serve 3-year terms and may be reappointed.
(b) Legislative members of the commission shall receive mileage at the legislative rate while attending to the duties of the commission. The members of the commission shall elect a chairperson from among the members. The first named house member shall call the first meeting of the commission. Seven members of the commission shall constitute a quorum.
III. The commission shall select the location and design for the New Hampshire recovery monument and oversee the construction and maintenance of the monument. In selecting a design for the monument, the commission shall develop a request for proposals and criteria for the evaluation of proposals. Design criteria shall include, after public consultation with interested parties, a monument including central features of a figural, representational, symbolic, or abstract form that recognize inclusively the varied New Hampshire historical and contemporary aspects of recovery from substance use disorders, with appropriate inscriptions and that recognize inclusively those New Hampshire individuals whose lives were lost and those affected by lost lives due to substance use disorders, with appropriate inscriptions. The design may also include an area surrounding the central monument for permanent individual commemoration for those New Hampshire individuals whose lives were lost due to substance use disorders. The design criteria shall include, after public consultation with interested parties, an area around the central features of the monument suitable for reflection and such commemorative activities as envisioned by the commission. The commission shall approve a memorandum of understanding with the host community governing the siting, design, and construction of the monument, and subsequent related activities.
IV. The commission shall privately raise all the money necessary for the planning, design, construction, and maintenance of the New Hampshire recovery monument.
141:291 The State and Its Government; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b)(72) to read as follows:
(72) Moneys deposited in the [alcohol abuse prevention and treatment] addiction, treatment, and prevention fund established in RSA 176-A:1, as administered by [the governor's commission on alcohol and drug abuse prevention, treatment, and recovery] the governor's commission on addiction, treatment, and prevention in accordance with RSA 12-J:1.
141:292 New Hampshire Drug Overdose Fatality Review Commission; Commission. Amend RSA 126-DD:1, I(g) to read as follows:
(g) The chairperson of the governor's commission on [alcohol and drug abuse prevention,] addiction, treatment, and [recovery] prevention, or designee.
141:293 New Hampshire Opioid Abatement Advisory Commission. Amend RSA 126-A:85, II to read as follows:
II. The commission shall consist of the following members:
(a) The governor, or designee.
(b) The attorney general, or designee.
(c) The state treasurer, or designee.
(d) The commissioner of the department of corrections, or designee.
(e) The commissioner of the department of health and human services, or designee.
(f) One member of the house of representatives, appointed by the speaker of the house of representatives.
(g) One member of the senate, appointed by the president of the senate.
(h) The chairperson of the governor's commission on [alcohol and drug abuse, prevention,] addiction, treatment, and [recovery] prevention, or designee.
(i) A county attorney appointed by the governor.
(j) A county corrections superintendent, or designee, appointed by the governor.
(k) A county nursing home supervisor, or designee, appointed by the New Hampshire Association of Counties.
(l) A New Hampshire municipal fire chief, appointed by the governor.
(m) A New Hampshire municipal police chief, appointed by the governor.
(n) One designee from a county with a population of 100,000 or more, appointed by the governor.
(o) One designee from a county with a population of less than 100,000, appointed by the governor.
(p) One designee of a city with a population over 75,000, appointed by the governor.
(q) One designee of a city or town with a population under 75,000, appointed by the governor.
(r) One designee representing a town with a population under 20,000, appointed by the governor.
(s) One designee representing victims of the opioid crisis, appointed by the attorney general.
(t) One member representing prevention, appointed by the governor's commission [alcohol and drug abuse prevention] on addiction, treatment, and [recovery] prevention, or designee.
(u) One member representing treatment, appointed by the governor's commission on [alcohol and drug abuse prevention,] addiction, treatment, and [recovery] prevention, or designee.
(v) One member representing recovery, appointed by the governor's commission on [alcohol and drug abuse prevention,] addiction, treatment, and [recovery] prevention, or designee.
(w) One public school superintendent, or designee, appointed by the New Hampshire School Administrators Association.
141:294 Opioid Abatement Advisory Commission; Duties. Amend the introductory paragraph of RSA 126-A:86, I to read as follows:
I. The opioid abatement advisory commission in coordination with the governor's commission on [alcohol and other drugs,] addiction, treatment, and prevention, and in alignment with relevant state plans, shall:
141:295 Controlled Drug Prescription Health and Safety Program; Advisory Council. Amend RSA 126-A:96, I(j) to read as follows:
(j) Two public members appointed by the governor's commission on [alcohol and other drugs,] addiction, treatment, and prevention, one of whom may be a member of the commission.
141:296 Alcoholic Beverages; The Liquor Commission; Funds. Amend RSA 176:16, III to read as follows:
III. Five percent of the preceding fiscal year gross profits derived by the commission from the sale of liquor shall be deposited into the [alcohol abuse prevention and treatment] addiction, treatment, and prevention fund established by RSA 176-A:1. For the purpose of this section, gross profit shall be defined as total operating revenue minus the cost of sales and services as presented in the state of New Hampshire annual comprehensive financial report, statement of revenues, expenses, and changes in net position for proprietary funds. If the general court makes an appropriation to the governor's commission on addiction, treatment, and prevention upon enactment of the operating budget, the department of administrative services shall not transfer the 5 percent deposit as prescribed by this paragraph. If the general court does not make an appropriation to the governor's commission on addiction, treatment, and prevention, such [Such] deposit shall be processed in 2 installments as follows:
(a) The commission shall process the initial deposit on or before August 1st of the ensuing fiscal year. Such deposit shall be calculated based on an estimate of the preceding fiscal year gross profit derived by the commission from the sale of liquor.
(b) Upon issuance of the audited annual comprehensive financial report pursuant to RSA 21-I:8, II(a), the commission shall process a second and final deposit or adjustment.
(c) If the amount of the initial deposit exceeds the final amount calculated based on the audited annual comprehensive financial report pursuant to RSA 21-I:8, II(a), the comptroller shall transfer the excess amount from the [alcohol abuse prevention and treatment] addiction, treatment, and prevention fund established by RSA 176-A:1 to the liquor fund.
141:297 Alcoholic Beverages; Alcohol Abuse Prevention and Treatment Fund. Amend RSA 176-A:1 to read as follows:
176-A:1 [Alcohol Abuse Prevention and Treatment] Addiction, Treatment, and Prevention Fund.
I. There is hereby established an [alcohol abuse prevention and treatment] addiction, treatment, and prevention fund to fund alcohol education and abuse and problem gambling prevention and treatment programs.
II. The fund shall be nonlapsing and continually appropriated for the purposes of funding alcohol education and abuse and problem gambling prevention and treatment programs. The commissioner of the department of health and human services may accept gifts, grants, donations, or other funding from any source and shall deposit all such revenue received into the fund. The state treasurer shall invest the moneys deposited in the fund as provided by law. Interest earned on moneys deposited in the fund shall be deposited into the fund.
III. Moneys received from all other sources other than the liquor commission pursuant to RSA 176:16, III, including any community benefit contribution made by New Hampshire's hospitals, shall be disbursed from the fund upon the authorization of [the governor's commission on alcohol and drug abuse prevention, treatment, and recovery] the governor's commission on addiction, treatment, and prevention established pursuant to RSA 12-J:1 and shall not be diverted for any other purposes. Funds disbursed shall be used for alcohol and other drug abuse prevention, problem gambling prevention, treatment, [and] recovery services, and other purposes related to the duties of the commission under RSA 12-J:3.
141:298 Occupations and Professions; Controlled Drug Act; Personal Possession of Marijuana. Amend RSA 318-B:2-c, VII to read as follows:
VII. All fines imposed pursuant to this section shall be deposited into the [alcohol abuse prevention and treatment] addiction, treatment, and prevention fund established in RSA 176-A:1 and utilized for evidence-informed substance abuse prevention programs.
141:299 Governor's Commission on Alcohol and Drug Abuse Prevention, Treatment, and Recovery. Amend the chapter heading of RSA 12-J, and RSA 12-J:1 through RSA 12-J:4, to read as follows:
Chapter 12-J
[GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION,
TREATMENT, AND RECOVERY]
THE GOVERNOR'S COMMISSION ON ADDICTION, TREATMENT, AND PREVENTION
12-J:1 Commission Established; Membership; Terms.
There is hereby established a commission which shall serve in an advisory capacity to the governor and the general court regarding the importance of prevention as well as the delivery of effective and coordinated alcohol and other drug [abuse] misuse programs of prevention, problem gambling prevention, treatment using a public health informed approach to address addiction, and recovery services throughout the state. The commission shall consist of the following members:
I. Seven public members, 2 of whom shall be professionals knowledgeable about alcohol and other drug [abuse] misuse prevention, one of whom shall be appointed by the governor and one of whom shall be appointed by the senate president; 2 of whom shall be professionals knowledgeable about alcohol and other drug [abuse] misuse treatment including reduction of societal and individual harm, one of whom shall be appointed by the governor and one of whom shall be appointed by the speaker of the house of representatives; 2 of whom shall be public members who are not professionals within the alcohol and drug [addiction] misuse prevention and treatment system, one of whom shall be appointed by the senate president and one of whom shall be appointed by the speaker of the house of representatives; and one member in long-term recovery, appointed by the governor.
II. Two members of the house of representatives, appointed by the speaker of the house of representatives, and 2 members of the senate, appointed by the president of the senate. The term of the legislative members of the commission shall be for the biennium and shall be coterminous with membership in the general court. Legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.
III.(a)(1) The attorney general, or designee.
(2) The adjutant general, or designee.
(3) The administrative judge of the circuit court, or designee.
(4) The chairperson of the liquor commission, or designee.
(5) The commissioner of the department of health and human services, or designee.
(6) The director of juvenile justice services, department of health and human services, or designee.
(7) The commissioner of the department of education, or designee.
(8) The commissioner of the department of corrections, or designee.
(9) The commissioner of the department of safety, or designee.
(10) The director of the office of alcohol and drug policy, department of health and human services, or designee.
(11) The commissioner of the department of insurance, or designee.
(b) The members under this paragraph shall serve terms coterminous with their terms in office.
IV.(a)(1) A representative of the Business and Industry Association of New Hampshire, appointed by the association.
(2) A representative of the New Hampshire Medical Society, appointed by the society.
(3) The chancellor of the community college system of New Hampshire, or designee.
(4) The chairman of the New Hampshire Suicide Prevention Council.
(5) A representative of the New Hampshire Nurses' Association, appointed by the association.
(6) A representative of the New Hampshire Charitable Foundation, appointed by the foundation.
(7) A representative of the New Hampshire Hospital Association, appointed by the association.
(8) The president of the New Hampshire Association of Chiefs of Police, or designee.
(b) A representative of the state's faith-based community, who shall be a nonvoting member, appointed by the governor.
(c) The members under this paragraph shall serve 3-year terms.
12-J:2 Organization of Commission; Task Forces; Staffing.
I. The commission shall elect one of its members to serve as chairperson. The executive director of the commission shall be the director of the appropriate division responsible for alcohol and drug [abuse] misuse prevention and recovery, who shall serve without additional compensation. Twelve members of the commission shall constitute a quorum.
II.(a) To assist the commission in the performance of its duties, the chairperson shall create task forces. The chairperson shall initially create task forces to address the following issues:
(1) Prevention.
(2) Treatment and reduction of societal and individual harm.
(3) Recovery.
(4) Program monitoring and evaluation.
(b) To assist the commission in the performance of its duties, the chairperson may create additional task forces.
(c) The commission chairperson shall appoint at least one commission member to serve on each task force as chairperson.
(d) Based upon recommendations from each task force, the commission chairperson may appoint non-commission members to serve as adjunct members of each task force for a term of one year. In appointing adjunct members, the chairperson shall ensure that youth have the opportunity to participate directly in the work of appropriate task forces.
(e) Each task force shall:
(1) Develop a mission statement, including its goals and objectives.
(2) Report to the commission on a regular basis concerning available programs, funding, and unmet needs.
(3) Identify program areas where improved coordination is needed.
II-a. The chairperson shall create a budget task force comprised of the individuals listed in RSA 12-J:1, III(a) to report biannually on financial expenditures for substance [abuse] misuse related work throughout state government as detailed in RSA 12-J:4, III and recommend budget policy priorities to the commission regarding the allocation of funding alcohol and other drug prevention, treatment including reduction of societal and individual harm, and recovery services across state agencies and throughout the state.
III. All executive branch departments shall provide administrative support to the commission. The executive director of the commission shall direct and coordinate the administrative support to the commission.
IV. All executive branch departments shall respond promptly to written requests from the commission for information concerning the alcohol and drug abuse prevention, treatment, and recovery programs and services provided by them and the costs and funding sources for such programs and services.
12-J:2-a Definition of Harm Reduction.
I. For the purposes of this chapter, RSA 126-A, RSA 318-B:43, RSA 328-D:3, and RSA 329:16-g, "harm reduction" is an approach that emphasizes engaging directly with people who use alcohol and other drugs to prevent overdose and infectious disease transmission, improve the physical, mental, and social function of those served, and offer low-threshold options for accessing substance use disorder treatment and other health care services. Harm reduction shall be balanced by the imperative to protect society from the ravages of alcohol or drug misuse.
II. This approach shall be limited to the following:
(a) Connecting individuals to overdose education, counseling, and referral to treatment for infectious diseases and substance use disorders.
(b) Distributing opioid overdose reversal medications, such as naloxone to individuals at risk of overdose, or to those who might respond to an overdose, and provide training in overdose reversal and prevention.
(c) Making available substance test kits, including fentanyl test strips.
(d) Lessening harms associated with drug use and related behaviors that increase the risk of infectious diseases, including HIV, viral hepatitis, and bacterial and fungal infections; via referrals, syringe service programs, sharps disposal and medication disposal kits, wound care supplies medication lock boxes, education, testing, and prophylactic measures.
(e) Reducing infectious disease transmission among people who use drugs, including those who inject drugs by equipping them with accurate information and facilitating referral to resources.
(f) Reducing overdose deaths, promoting linkages to care, and facilitating appropriate co-location of services as part of a comprehensive, integrated approach.
(g) Providing education and public awareness programs to reduce stigma associated with substance use and co-occurring disorders.
(h) Promoting a philosophy of hope and healing by utilizing those with lived experience of recovery in the management of harm reduction services, and connecting those who have expressed interest to treatment, peer support workers and other recovery support services.
(i) Promoting a healthy society by mitigating the harmful effects of individual misuse of alcohol and other drugs.
12-J:3 Duties.
The duties of the commission shall be to:
I. Develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and other drug [abuse] misuse and problem gambling, particularly among youth, and a comprehensive system of treatment including reduction of societal and individual harm and recovery services for individuals and families affected by alcohol and other drug [abuse] misuse and problem gambling. Nothing in RSA 12-J should be construed to limit care of chronic pain and hospice and palliative care patients, including use of the term “misuse” which shall be utilized, as intended, to broaden the scope of work across the substance use continuum of care. The statewide plan shall:
(a) Identify the causes, the nature and scope, and the impact of alcohol and other drug [abuse] misuse and problem gambling in New Hampshire.
(b) Identify and prioritize unmet needs for prevention as a leading state initiative, treatment including reduction of societal and individual harm, and recovery services.
(c) Recommend initiatives and policy considerations to the general court to reduce the incidence of alcohol and other drug [abuse] misuse and problem gambling in New Hampshire.
(d) Identify and quantify public and private resources available to support alcohol and drug [abuse] misuse and problem gambling prevention, treatment including reduction of societal and individual harm, and recovery.
(e) Specify additional resources necessary to address unmet needs for prevention, treatment including reduction of societal and individual harm, and recovery.
(f) Specify evaluation and monitoring methodology.
II. Advise the governor and general court on and promote the development of effective community-based alcohol and other drug [abuse] misuse and problem gambling prevention strategies.
III. Advise the governor and the general court on and promote the development of treatment services, including reduction of societal and individual harm, to meet the needs of society and citizens addicted to alcohol or other drugs and problem gambling.
III-a. Advise the governor and the general court on and promote the development of recovery services to meet the needs of citizens in recovery from alcohol and other drug misuse and problem gambling.
IV. Identify unmet needs and the resources required to reduce the incidence of alcohol and drug [abuse] misuse and problem gambling in New Hampshire and to make recommendations to the governor and general court regarding legislation and funding to address such needs.
V. Authorize the disbursement of moneys from the [alcohol abuse prevention and treatment] addiction, treatment, and prevention fund, pursuant to RSA 176-A:1, III.
VI. Make presentations at least once each legislative session to the house and senate finance committees, the senate health and human services committee, the house health, human services and elderly affairs committee, and the fiscal committee of the general court.
VII. Develop a handout which shall describe the risks of opioid use and how to mitigate them for the purposes of RSA 318-B:16-a.
12-J:4 Meetings and Reports.
I. The commission shall meet at least 4 times each year and may convene public hearings as necessary to promote the goals of the commission.
II. The commission shall submit an annual report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, the chairperson of the senate health and human services committee, and the chairperson of the fiscal committee of the general court by October 1 of each year regarding the activities of the commission. The annual report shall:
(a) Identify alcohol and other drug [abuse] misuse and problem gambling prevention as a leading state initiative, treatment including reduction of societal and individual harm, and recovery services and programs provided by state departments and agencies or funded in whole or in part by state or federal funds;
(b) Indicate the progress made during the prior year toward the implementation of the statewide plan developed by the commission pursuant to RSA 12-J:3, I;
(c) Recommend any revisions to the statewide plan developed pursuant to RSA 12-J:3, I;
(d) Identify and prioritize unmet needs for prevention, treatment including reduction of societal and individual harm, and recovery;
(e) Indicate the progress, or lack thereof, in addressing the unmet needs;
(f) Recommend initiatives and/or policy considerations to the governor and the general court to address the unmet needs;
(g) Specify the resources and any legislation necessary to support existing programs for prevention, treatment including reduction of societal and individual harm, and recovery and to develop, implement, support, and evaluate the initiatives recommended by the commission;
(h) In even-numbered years the report may include specific recommendations for funds to be included in the next state biennial budget to support alcohol and other drug [abuse] misuse and problem gambling prevention, treatment including reduction of societal and individual harm, and recovery services and programs; and
(i) Incorporate the findings and recommendations of the report required under paragraph II-a and make specific findings and recommendations regarding public awareness, education, and legislation to address the dangers of synthetic drugs.
(j) Specify and itemize funds spent on prevention, treatment and reduction of societal and individual harm, recovery, and program monitoring and evaluation services and programs.
II-a. The commission shall prepare a report, including recommendations for policies to be implemented for coordinating public awareness of and education in the importance of prevention and health promotion, as well as the dangers of synthetic drugs and other emerging or designer synthetic drug substances. The report shall include substantive input from the commission's member agencies, including the department of health and human services, bureau of drug and alcohol services, the attorney general, the department of safety, and the department of education. The commission shall submit its initial report, including recommendations, to the senate president, the speaker of the house of representatives, and the governor no later than 3 months after the effective date of this paragraph. The commission shall submit subsequent reports, including recommendations, to the senate president, the speaker of the house of representatives, and the governor annually thereafter.
III.(a) To assist the commission in the timely completion of its annual report, each commission member representing an executive branch department or entity shall provide the information specified in paragraph II for its department or entity to the commission on or before August 1 of each year.
(b) The commission shall submit a mid-year report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court by March 1 of each year regarding the current state of drug [abuse] misuse, prevention, treatment including reduction of societal and individual harm, and recovery. The commission shall include a dashboard of the following, both in the interim and the annual report as required in RSA 12-J:4, II, that includes but is not limited to:
(1) A summary of known prevention programs to include the general type and approaches being followed.
(1-a) The number of known drug overdoses, broken out by drug involved.
(2) The number of deaths attributable to overdoses, as reported by the chief medical examiner, broken out by drug involved.
(3) The number of people known to be in treatment or recovery programs supported by commission funding.
(4) The accessibility and availability of treatment programs, including waitlists.
(5) The number of individuals in drug court programs, as reported by the judicial branch.
(6) The number of individuals in diversion programs, as reported by the judicial branch.
(7) The number of convictions for drug related offenses, as reported by the judicial branch.
(8) The number of persons incarcerated for drug related offenses as reported by the department of corrections.
(9) Funds expended and balances remaining, programs and strategies created or sustained by the funds, and an estimate of the number of individuals served by these funds.
(10) Barriers to data access and availability, with proposed strategies to develop or enhance data capacity.
(11) Performance outcomes pursuant to National Outcomes Measurement Standards (NOMS) as required with federal funding sources.
(12) Any other information requested by the governor or general court.
(c) All data required in subparagraph (b) shall be presented in the aggregate to protect the privacy of the individual. The commission shall delete any data required in those paragraphs that enables the personal identification of an individual.
IV. In the reports submitted by the commission to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court, the report shall include outcome data and/or research citations about the efficacy of funded programs based upon evidence of program results.
141:300 Repeal. RSA 338-B, relative to council for responsible gambling, is repealed.
141:301 Home Dialysis; State Program Implementation. The department of health and human services shall, as part of the state Medicaid program, accelerate the implementation of the at home dialysis program. The department may, as part of its contracts with managed care organizations, provide incentives for such acceleration if the commissioner deems it necessary.
141:302 Education; Education Freedom Accounts; Program. Amend RSA 194-F:2, VII to read as follows:
VII. An EFA shall remain in force, and any unused funds shall roll over from quarter-to-quarter and from year-to-year until the parent withdraws the EFA student from the EFA program or until the EFA student graduates from high school, unless the EFA is closed because of a substantial misuse of funds. Any unused funds shall revert to the education trust fund established in RSA 198:39 [and be allocated to fund other EFAs].
141:303 New Subdivision; Substance Use Disorder Access Points. Amend RSA 126-A by inserting after section 105 the following new subdivision:
Substance Use Disorder Access Points
126-A:106 Substance Use Disorder Access Points Established.
I. With the availability of sufficient federal funding, the department of health and human services shall establish and administer statewide access points for delivery of substance use services and supports. The access points shall provide information and referrals for screening and evaluation; treatment, including medications for substance use disorders; prevention, and treatment including naloxone; supports and services to assist in long-term recovery; and peer recovery support services.
II. The commissioner of the department of health and human services shall include the administration and operation of the access points in the department's report to the governor's commission on addiction, treatment, and prevention under RSA 12-J:4, III.
III. The program shall be funded through the state opioid response grant from the Substance Abuse and Mental Health Services Administration. In addition, the department may accept funds from any source, including state appropriations, federal funds, and private gifts, grants, or donations to operate and sustain the access points.
141:304 Public Health; Department of Health and Human Services; Commissioner of Health and Human Services. Amend RSA 126-A:5, XIX-a(a)(1) to read as follows:
(1) The commissioner shall pursue contracting options to administer the state's Medicaid dental program with the goals of improving access to dental care for Medicaid populations, improving health outcomes for Medicaid enrollees, expanding the provider network, increasing provider capacity, fostering individual behaviors that promote good oral health, and retaining innovative programs that improve access and care through a value-based care model. The commissioner shall prepare and submit a report that contains a clinical and financial research study to determine cost-avoidance associated with adult dental benefits under this paragraph. The study shall consider the impact on emergency room visits, patient infections, and any other factors the commissioner determines should be included in the study. The commissioner shall submit their report to the chairs of the senate finance and house finance committees on or before January 1, 2027.
141:305 The New Hampshire Granite Advantage Health Care Trust Fund. Amend RSA 126-AA:3, I to read as follows:
I. There is hereby established the New Hampshire granite advantage health care trust fund which shall be accounted for distinctly and separately from all other funds and shall be non-interest bearing. The fund shall be administered by the commissioner and shall be used solely to provide coverage for the newly eligible Medicaid population as provided for under RSA 126-AA:2, to pay for the administrative costs for the program, and reimburse the federal government for any over payments of federal funds. All moneys in the fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of the fund. The fund shall be authorized to pay and/or reimburse the cost of medical services and cost-effective related services, including without limitation, capitation payments to MCOs. No state general funds shall be deposited into the fund. Deposits into the fund shall be limited exclusively to the following:
(a) [Repealed.]
(b) Federal Medicaid reimbursement for program costs and administrative costs attributable to the program;
(c) Surplus funds generated as a result of MCOs managing the cost of their services below the medical loss ratio established by the commissioner for the managed care program beginning on July 1, 2019;
(d) Taxes attributable to premiums written for medical and other medical related services for the newly eligible Medicaid population as provided for under this chapter, consistent with RSA 400-A:32, III(b);
(e) Funds received from the assessment under RSA 404-G;
(f) Revenue from the Medicaid enhancement tax to meet the requirements provided in RSA 167:64; [and]
(g) Funds recovered or returnable to the fund that were originally spent on the cost of coverage of the granite advantage health care program[.]; and
(h) Revenue that is attributable to premiums received from granite advantage health care program enrollees.
141:306 Department of Health and Human Services; Office of Health Access; Name Change; Hiring Freeze. The department of health and human services, office of health equity shall be renamed the office of health access. The office shall remain in compliance with the terms of Executive Order 2025-02, regarding executive branch hiring for the biennium ending June 30, 2027, even if the executive order is lifted. Furthermore, the office of health access shall serve every person with equal dignity and respect. The office shall not contract with or pay vendors who fail to serve every person with equal dignity and respect. The office and all vendors shall comply with RSA 354-B, also known as the "civil rights act."
141:307 New Paragraph; Medicaid to Schools Program; Termination. Amend RSA 186-C:25 by inserting after paragraph VII the following new paragraph:
VIII. The program shall terminate statewide if the federal government or state adopts any policy contrary to a policy requiring parental control of all medical services provided to children. If a local school district adopts such a contrary policy, the program shall terminate for that school only.
141:308 Lapse Extension; Department of Health and Human Services; Granite United Way. Amend 2023, 79:559 to read as follows:
79:559 Appropriation; Department of Health and Human Services. There is hereby appropriated to the department of health and human services, the sum of $2,054,360 for the fiscal year ending June 30, 2023, which shall not lapse until June 30, [2025] 2027, for the purpose of Granite United Way administering the Recovery Friendly Workplace Initiative, which promotes individual wellness for Granite Staters by empowering workplaces to provide support for people recovering from substance use disorder. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:309 Effective Date. Section 308 of this act shall take effect June 30, 2025.
141:310 Department of Health and Human Services; Availability of Funds Directive. The department of health and human services shall seek all available Title IV-E, Administration for Children and Families funds to maximize federal participation in expenses associated with eligibility screening, training, accounting, technology upgrades, and implementation of a child-centered approach to utilizing and conserving federal benefits to which children in its care might be eligible. The department shall twice annually provide a detailed report of its efforts to seek such funds and results of those efforts to the oversight committee on health and human services established in RSA 126-A:13, the senate finance and children and family law committees, the house children and family law and finance committees, and the fiscal committee of the general court.
141:311 Directive; Department of Health and Human Services. The department of health and human services shall serve every person with equal dignity and respect. The department shall not contract with or pay vendors who fail to serve every person with equal dignity and respect. The department and all vendors shall comply with RSA 354-B, also known as the "civil rights act." In the event that the department determines that a contract violates the provisions of this section, it shall terminate said contract in accordance with applicable law and contract provisions, and the state shall be entitled to recover any funds unspent by the contractor at the time of termination.
141:312 Repeal. The following are repealed:
I. RSA 126-BB, relative to the prescription drug affordability board.
II. RSA 6:12, I(b)(384), relative to the prescription drug affordability board administration fund.
141:313 Public Officers and Employees; Compensation of Certain State Officers; Salaries Established; Position Removed. Amend from RSA 94:1-a, I(b) by deleting in GG the following position:
GG Department of health and human services executive director, prescription drug
affordability board.
141:314 Department of Health and Human Services; Child Care Services. The commissioner of the department of health and human services shall be responsible for determining, on an ongoing basis through June 30, 2027, whether there is sufficient funding for employment-related child care services to avoid a waitlist and support greater utilization of employment related child care. If at any time the commissioner determines that funding is insufficient, the commissioner shall, to the extent allowed by applicable federal regulations, utilize available federal Temporary Assistance to Needy Families (TANF) reserve funds to cover the amount of the shortfall. The department shall report quarterly to the fiscal committee of the general court on any funds expended on employment-related child care services, including federal TANF funds authorized by this section.
141:315 New Paragraph; Department of Health and Human Services; Medicaid; Outpatient Procedure Incentive Program. Amend RSA 126-A:3 by inserting after paragraph IX the following new paragraph:
X. The department shall seek to implement in the Medicaid care management program and the contractual agreements with each managed care organization an outpatient procedure incentive program for Medicaid beneficiaries to choose, when clinically appropriate, to receive outpatient procedures, including ambulatory surgical care, in a lower cost setting. The outpatient procedure incentive program shall be included by the department in the managed care organization withhold and incentive program and part of each managed care organization’s member incentive program, subject to federal limitations. The outpatient procedure incentive program shall be included in the next contract amendment between the department and the managed care organizations after the effective date of this paragraph. Within 120 days of the effective date of this paragraph, the department shall submit the plan for implementation of the outpatient procedure incentive program to the fiscal committee of the general court.
141:316 Tirrell House; Sale of Property. Notwithstanding RSA 10 and RSA 4:40, the commissioner of the department of administrative services shall offer for sale at fair market value the Tirrell House property located at 15 Brook Street, Manchester, New Hampshire. The property shall be offered first to the city of Manchester and then to Hillsborough County. If neither the city nor county accept the offer by January 1, 2026, the commissioner of the department of administrative services shall issue a request for proposals for the sale of the Manchester property at no less than the fair market value, such sale to be completed no later than June 30, 2027. The commissioner of the department of administrative services shall submit quarterly reports on the progress of the sale to the fiscal committee of the general court. All proceeds from the sale shall be deposited into the general fund.
141:317 Anna Philbrook Center for Children; Sale of Property. The department of health and human services shall develop a transition plan to vacate the Anna Philbrook Center for Children that ensures services to current clients residing there are not interrupted. Prior to finalizing the transition plan, the department of health and human services shall work with the current provider and consider reasonable alternatives that are consistent with the department’s “mission zero” initiative. Upon completion of the transition plan, the commissioner of the department of health and human services shall send formal notice to the department of administrative services that the transition plan is finalized. Notwithstanding RSA 10 and RSA 4:40, the commissioner of the department of administrative services, following the completion of the transition plan, shall offer for sale at fair market value the Anna Philbrook Center for Children property located at 105 Pleasant Street, Concord, New Hampshire. The property shall be offered first to the city of Concord and then to Merrimack County. If neither the city nor county accept the offer by January 1, 2026, the commissioner of the department of administrative services shall issue a request for proposals for the sale of the Concord property at no less than the fair market value, such sale to be completed no later than June 30, 2027. The commissioner of the department of administrative services shall submit quarterly reports on the progress of the sale to the fiscal committee of the general court. All proceeds from the sale shall be deposited into the general fund.
141:318 Hampstead Hospital and Residential Treatment Facility; Sale of Property. Notwithstanding RSA 10 and RSA 4:40, the commissioner of the department of administrative services shall subdivide and offer for sale at fair market value the state-owned portions of the Hampstead Hospital property that are neither part of the Hampstead Hospital and Residential Treatment Facility nor necessary for use as the replacement facility for the Sununu Youth Services Center or other state operations, located at 218 East Road, Hampstead, New Hampshire. The property shall be offered first to the city of Hampstead and then to Rockingham County. If neither the city nor county accept the offer by January 1, 2026, the commissioner of the department of administrative services shall issue a request for proposals for the sale of the Hampstead property at no less than the fair market value, such sale to be completed no later than June 30, 2028. The commissioner of the department of administrative services shall submit quarterly reports on the progress of the sale to the fiscal committee of the general court. All proceeds from the sale shall be deposited into the general fund.
141:319 Department of Health and Human Services; Delay of Capitation Payments. The department of health and human services shall delay the June 2027 capitation payments to Medicaid managed care organizations until the start of the state fiscal year ending June 30, 2028. As a result of implementing this section, the department shall reduce general fund appropriations by $25,000,000 in the fiscal year ending June 30, 2027. The department shall work with the department of administrative services to reduce appropriated federal funds as needed to implement this section.
141:320 Dedicated Funds; Amendments, Lapses, and Other Uses.
I. Notwithstanding the provisions of RSA 6:12, or any provision of law to the contrary, for the biennium ending June 30, 2027, the governor shall increase state general fund revenues or decrease state general fund appropriations by a combined total of $16,000,000 per fiscal year. Such revenue increases and appropriation decreases shall be generated through assessments, lapses, or the appropriate utilizations of dedicated funds listed under RSA 6:12, I(b), as determined by the governor. The governor shall provide a report of said actions to the fiscal committee of the general court on December 31, 2025, June 30, 2026, December 31, 2026, and June 30, 2027.
II. Notwithstanding any provision of law to the contrary, agencies with a dedicated fund may establish an administrative fee upon the adoption of rules through the administrative rules process under RSA 541-A, or through the passage of legislation, that shall be deposited into the general fund. Any agency that establishes such an administrative fee may be exempted from an assessment, lapse, or other appropriate utilization as contained in paragraph I.
III. The governor may reduce the value of the increase in revenues or decrease in appropriations in paragraph I by the anticipated amount to be transferred to the general fund as a result of administrative fees established in paragraph II.
141:321 New Subdivision; Prohibition on Diversity, Equity, and Inclusion. Amend RSA 21-I by inserting after section 111 the following new subdivision:
Prohibition on Diversity, Equity, and Inclusion
21-I:112 Definitions. In this subdivision:
I. "Agency" means any department, office, commission, board, subdivision, or other unit, however designated, of the executive branch of state government.
II. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law.
III. "Political subdivision" means any village district, school district, town, city, county, or unincorporated place in the state.
21-I:113 Prohibition on DEI Initiatives. No public entity shall implement, promote, or otherwise engage in any DEI-related initiatives, programs, training, or policies. No state funds shall be expended for DEI-related activities, including but not limited to implicit bias training, DEI assessments, critical race theory, or race-based hiring, promotion, or contracting preferences.
21-I:114 Prohibition on DEI-Related Contract Provisions. No agencies or political subdivisions shall enter into or renew any contract that includes DEI-related provisions, including requirements for contractors to implement DEI programs, conduct DEI training, or comply with DEI-related reporting obligations.
21-I:115 Review of Agency Contracts for DEI-Related Contract Provisions. Each state agency shall, no later than October 1, 2025, submit to the department of administrative services a report identifying all contracts under its control that include DEI‑related provisions. The report shall include descriptions of each contract, the specific DEI‑related provisions contained therein, and the total financial obligation associated with each contract. The department shall combine and submit a consolidated report to the governor, speaker of the house of representatives, and the president of the senate.
21-I:116 Review of Political Subdivision DEI-Related Contract Provisions. The department of justice shall establish a process by which all political subdivisions review their existing contracts for the presence of DEI‑related provisions.
141:322 New Subdivision; Prohibition on Diversity, Equity, and Inclusion in Public Schools. Amend RSA 186 by inserting after section 70 the following new subdivision:
Prohibition on Diversity, Equity, and Inclusion in Public Schools
186:71 Definitions. In this subdivision:
I. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law.
II. "Public school" means any school, academic institution, or institution of higher education in this state supported by public funds.
186:72 Prohibition on DEI Initiatives. No public school shall implement, promote, or otherwise engage in any DEI-related initiatives, programs, training, or policies. No state funds shall be expended to public schools for DEI-related activities, including but not limited to implicit bias training, DEI assessments, critical race theory, or race-based hiring, promotion, or contracting preferences. This prohibition shall extend to any public school as defined in RSA 186:71, II.
186:73 Prohibition on DEI-Related Contract Provisions. No public school shall enter into, renew, or amend any contract that includes DEI-related provisions, including requirements for contractors to implement DEI programs, conduct DEI training, or comply with DEI-related reporting obligations.
186:74 Review of Public School Contracts for DEI-Related Contract Provisions. No later than October 1, 2025, the commissioner of the department of education shall submit a single report to the senate education, senate education finance, house education funding, and house education policy and administration committees of the general court identifying all existing contracts containing DEI-related provisions in public schools. The report shall include contract descriptions, the specific DEI-related provisions, and the total financial obligation associated with each contract.
186:75 Review of Public School DEI-Related Contract Provisions.
I. The commissioner of the department of education shall establish a process by which all public schools shall conduct a review of existing contracts for the presence of DEI-related provisions.
II. No later than September 30, 2025, each public school shall submit a signed and certified report to the commissioner of the department of education identifying any contract containing DEI-related provisions. The report shall include contract descriptions, the specific DEI-related provisions, and the total financial obligation associated with each contract.
186:76 Final Compliance Report. The commissioner of the department of education shall submit a final compliance report to the governor, executive council, and the senate education, senate education finance, house education funding, and house education policy and administration committees of the general court by April 1, 2026, detailing the progress of public schools in eliminating DEI-related provisions from contracts.
187:77 Interpretation and Compliance.
I. Should a public school fail to abide by any section of this subdivision, either knowingly or unknowingly, the commissioner of the department of education shall immediately halt all sources of public funding to that public school, until such time as the school comes into compliance with all sections of this subdivision.
II. The commissioner of the department of education shall notify the state treasurer if a public school is not in compliance with this subdivision, at which time the treasurer shall halt all forms of public funding to the school until the commissioner has certified the school come into compliance with this subdivision.
141:323 New Paragraph; The State and Its Government; Department of Information Technology; Commissioner; Deputy Commissioner; Directors; Compensation. Amend RSA 21-R:3 by inserting after paragraph III the following new paragraph:
IV. The unclassified position of chief privacy officer is hereby established in the department of information technology. A person shall be qualified for the position by reason of education and experience, be appointed by the commissioner of the department of information technology, and serve at the pleasure of the commissioner. The salary of chief privacy officer shall be determined after assessment and review of the appropriate letter grade allocation in RSA 94:1-a, for positions which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
141:324 Appropriation; One Granite Place; Department of Administrative Services. The sum of $15,600,000 is hereby appropriated to the department of administrative services to purchase the property known as One Granite Place and to pay for initial capital improvements to the property. Such appropriation shall be nonlapsing. To provide funds for the appropriation made in this section, the state treasurer is herby authorized to borrow on the credit of the state not exceeding the sum of $15,600,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. The payment of principal and interest on the bonds and notes under this paragraph shall be a direct charge against the rents paid by state agencies including the office of professional licensure and certification, branches, or other entities occupying the space.
141:325 State Credit Card Contracts; Payment and Procurement Card Fund. Amend RSA 9-D:3, I to read as follows:
I. There is hereby established in the office of the state treasurer the payment and procurement card fund, which shall be a revolving fund administered by the department of administrative services. [The fund shall be nonlapsing and continually appropriated to the department of administrative services.] The department of administrative services may make expenditures of up to $100,000 in anticipation of revenue which may be received by this fund.
141:326 State Credit Card Contracts; Payment and Procurement Card Fund. Amend RSA 9-D:3, V to read as follows:
V. At the end of each [fiscal year, the state treasurer shall credit the payment and procurement card fund with interest and any other income earned] biennium, any funds remaining in excess of $25,000 after expenses paid in accordance with paragraph III shall lapse to the general fund.
141:327 Directive; Department of Administrative Services; Transfer from the Payment and Procurement Card Fund to the General Fund. Notwithstanding any other law to the contrary, the sum of $1,253,623 shall be transferred from the payment and procurement card fund, established under RSA 9-D:3, to the general fund on July 1, 2025.
141:328 Contingent Appropriation. In the event combined state general and education trust fund revenues for the fiscal year ending June 30, 2026, as reported in the audited annual comprehensive financial report pursuant to RSA 21-I:8, II(a), exceed the combined plan, and the actual statewide general fund lapse amount meets or exceeds estimates contained on the final general fund comparative statement of undesignated surplus as prepared by the office of legislative budget assistant, any state agency required to reduce state general fund appropriations in fiscal year 2027, pursuant to sections contained in HB 1 and HB 2 of the 2025 general legislative session, may request, with prior approval of the fiscal committee of the general court, that the governor and council authorize additional funding up to the amounts contained therein. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:329 Disability Retirement Benefits. Amend RSA 100-A:6, II(e)(2)(A) to read as follows:
(A) The member is found, on or after July 1, 2024, to be [mentally or] physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
141:330 New Chapter; Coos County Established as Distressed Place-Based Economy. Amend RSA by inserting after chapter 162-T the following new chapter:
CHAPTER 162-U
COOS COUNTY ESTABLISHED AS DISTRESSED PLACE-BASED ECONOMY
162-U:1 Definitions. In this chapter:
I. "Place-based economy" means a tailored economic development response that uses a region's unique characteristics to create and sustain growth. The goal is to improve the quality of life and economic vitality by building on its limited strengths and assets.
II. "Distressed" means an area that has a high rate of poverty, unemployment, or outmigration and is the most severely and persistently economically distressed and underdeveloped.
162-U:2 Regulatory Principle for Department Commissioners. The general court hereby declares that Coos County is a distressed place-based economy. All agencies shall consider this declaration in decisions affecting Coos county.
141:331 Repeal. RSA 162-U, relative to the designation of Coos County as a distressed place-based economy, is repealed.
I. Section 331 of this act shall take effect July 1, 2045.
II. Section 330 of this act shall take effect 60 days after its passage.
141:333 Reduction in Force Notice and Payment.
I. Notwithstanding any other provision of law to the contrary, any executive branch department, except for the department of health and human services that has a classified position unfunded or repealed under HB 1 or HB 2 of the 2025 legislative session, whose incumbent cannot be reassigned resulting in employment separation due to position elimination, shall not be given an employment separation due to position elimination or reduction in force notice until June 26, 2025, resulting in a last day of work on July 10, 2025, with payment on July 25, 2025. Departments may request funding from the department of administrative services to cover the final payments made in fiscal year 2026 from funds available in the pay adjustment fund established in RSA 99:4, or the benefit adjustment fund established in RSA 9:17-c, or both.
II. Notwithstanding any other provision of law to the contrary, $400,000 shall be reserved from the pay adjustment fund and $250,000 shall be reserved from the benefit adjustment fund and shall not lapse on June 30, 2025. The reserves shall be available for departments to cover the payments made under paragraph I. The remaining balances after payouts have been made shall lapse to the revenue stabilization reserve account established in RSA 9:13-e no later than September 30, 2025.
III. Any state employee laid off due to their position being unfunded or abolished pursuant to HB 1 or HB 2 of the 2025 legislative session shall be granted a waiver pursuant to Executive Order 2025-02 for any open state position that they are qualified to fill and receive priority consideration.
141:334 Effective Date. Section 333 of this act shall take effect June 30, 2025.
141:335 Board Established. Amend RSA 679:1 to read as follows:
679:1 Board Established. There is hereby established a housing appeals board, hereinafter referred to as the board, which shall be composed of [3] 2 members who shall individually and collectively be learned and experienced in questions of land use law or housing development or both. At least one member shall be an attorney licensed to practice law in the state of New Hampshire, and [at least one member] the other shall be either a professional engineer or land surveyor. The members of the board shall be full-time employees and shall not engage in any other employment, appointments, or duties during their terms that is in conflict with their duties as members of the board.
141:336 New Section; Administrative Attachment. Amend RSA 679 by inserting after section 1 the following new section:
679:1-a Housing Appeals Board; Administrative Attachment. The housing appeals board shall be administratively attached to the board of tax and land appeals for budgetary and administrative purposes, in accordance with RSA 21-G:10. Staff for each board may provide support for either board, as is deemed necessary by each board.
141:337 Appointment; Term; Chair. RSA 679:2 is repealed and reenacted to read as follows:
679:2 Appointment; Term; Chair. The members of the housing appeals board shall serve at the pleasure of the governor and council, rather than fixed terms. The governor and council shall appoint board members and designate one member as chair, who shall serve in that capacity at the discretion of the appointing authority.
141:338 New Section; Tie Vote; Resolution. Amend RSA 679 by inserting after section 9 the following new section:
679:9-a Tie Vote; Resolution. In the event of a tie vote between the 2 members of the housing appeals board, a third, temporary voting member shall be selected from among the sitting members of the board of tax and land appeals, who shall cast the deciding vote on the matter. The selection shall be made in rotation among available members of the board of tax and land appeals.
141:339 Board of Tax and Land Appeals; Membership. Amend RSA 71-B:2 to read as follows:
71-B:2 Appointment; Term; Chairman. [The members of the board shall be appointed by the governor and executive council for a term of 5 years and until their successors are appointed and qualified; provided, however, that any vacancy on the board shall be filled for the unexpired term.] The members of the board shall serve at the pleasure of the governor and council, rather than fixed terms. The governor and council shall appoint one member as chairman to serve in that capacity for the duration of his or her term. The executive council shall hold a hearing prior to confirmation according to the procedures under RSA 4:44.
141:340 Board of Tax and Land Appeals; Quorum. Amend RSA 71-B:6, I to read as follows:
I. In all matters except in hearings and decisions relating to all taxation and eminent domain matters, a majority of the board shall constitute a quorum to transact business. In hearings and decisions in all taxation and eminent domain appeals, the board may sit with a quorum of 2; provided, however, that if the 2 members cannot reach a consensus on the decision, a third member shall review the record and participate in the decision, and the decision of the majority of the 3 shall constitute the board's decision. The third member may be a temporary voting member selected from among the sitting members of the housing appeals board, with the selection of the member being be made in rotation among available members of the housing appeals board.
141:341 Appropriation; New Hampshire-Ireland Trade Council. The sum of $20,000 for the biennium ending June 30, 2027, is hereby appropriated to the department of business and economic affairs for deposit into the New Hampshire-Ireland trade council fund, established by RSA 12-O:22-a, VI. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:342 Repeal. The following are repealed:
I. RSA 275:37-c, relative to the use of criminal records in employment decisions.
II. RSA 275-H, relative to use of criminal records in employment decisions.
141:343 New Hampshire Mental Health Services; Involuntary Admissions; Payment for Legal Services. Amend RSA 135-C:23 to read as follows:
135-C:23 Legal Services; Payment; Appointment. [The client or person sought to be admitted shall pay the costs of the legal services in connection with hearings held under this chapter.] If the client or person sought to be admitted [is unable to pay for] does not have legal counsel in connection with hearings held under this chapter, the court shall appoint [either a member of New Hampshire Legal Assistance, or its successor organization, or another] an attorney who shall be compensated at a rate as determined by the supreme court. The cost of such court-appointed attorneys, including counsel and investigative, expert, or other services and expenses approved by the circuit court that are necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.
141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows:
II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed [$500,000] $750,000 per biennium.
141:345 Effective Date. Section 344 of this act shall take effect 60 days after its passage.
141:346 New Subdivision; Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern. Amend RSA 477 by inserting after section 477:22-a the following new subdivision:
Ownership or Lease of Real Property by Foreign Principals from Foreign Countries of Concern
477:22-b Definitions. In this subdivision:
I. "Company” or "development" means a sole proprietorship, organization, association, corporation, partnership, trust, venture, group, subgroup, or any other entity or organization, including its subsidiary or affiliate, that exists for profit-making purposes or to otherwise secure economic advantage.
II. “Foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Syrian Arab Republic, and the Democratic People’s Republic of Korea, including any agencies, institutions, instrumentalities, ruling political parties, or any other entity exercising significant control over any of these listed countries.
III. “Foreign principal” means:
(a) The government or any government official, in any capacity, of a foreign country of concern.
(b) A company, development, or other entity organized under the laws of, or having its principal place of business in, a foreign country of concern.
(c) Any natural person who is an employee or agent of a foreign country of concern.
IV. "Real property" means property consisting of land, buildings, crops, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it.
477:22-c Ownership, Control, and Occupancy; Prohibitions.
I. No foreign principal may acquire any permanent or temporary ownership or controlling interest in real property within the state of New Hampshire by any means, including but not limited to, purchase, grant, contract, eminent domain, or demise.
II. No foreign principal may lease or otherwise enter into a contract to occupy or control or allow another foreign principal or agent to occupy or control, any real property within the state of New Hampshire.
III. With regard to any provision of this subdivision, a real estate or closing agent shall bear no obligation or requirement to instruct, disclose, assist, or authenticate a person or entity who leases or acquires, or seeks to lease or acquire, an ownership or controlling interest in real property. Responsibility for knowledge of and compliance with the provisions of this subdivision shall lie solely with the foreign principal.
477:22-d Illegal Acquisition of Property by a Foreign Principal.
I. Acquisition of property in violation of RSA 477:22-c is a:
(a) Class B felony, when committed by a natural person.
(b) Class A felony, when committed by an entity defined in RSA 477:22-b, I.
II. The attorney general's office may refer a violation of this section for prosecution to the county attorney's office in the county in which the subject property is located.
III. The attorney general's office may pursue a forfeiture action according to RSA 477:22-e against a person or entity convicted of an offense under paragraph I of this section.
477:22-e Forfeiture of Real Property.
I. The department of justice may bring a forfeiture action according to this section against a person or entity who secured any ownership interest in real property in violation of this subdivision and who is convicted of an offense under RSA 477:22-d, I regarding that subject property.
II. Real property that is the subject of a conviction under RSA 477:22-d, I may be seized by the state and forfeited as provided in this section. Property seized under this section may be held by the state to secure it prior to forfeiture proceedings.
III. The state may seize the subject property by filing in the registry of deeds in the county where the property is located a notice of attachment stating that the state has attached the identified property pursuant to this section.
IV. The state shall have a lien on any property subject to forfeiture under this section upon seizure of such property. Upon forfeiture, the state's title to the property relates back to the date of seizure.
V. Within 30 days of the seizure of any real property under paragraph II, the attorney general shall file a petition in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue an order of notice requiring the state to send by certified mail a copy of the petition to all owners of the property, including those with partial ownership or controlling interests, and to other persons appearing to have an interest in the property. If no such petition is filed within 30 days of the seizure of the property, the property shall be returned to its owners.
VI. Within 30 days of receipt of the attorney general's petition for forfeiture, the court shall schedule a hearing. This hearing shall be conducted as a civil action. The court may order forfeiture of the property seized under paragraph II if the state establishes, by a preponderance of the evidence, that (a) the ownership or controlling interest in the property was acquired in violation of this section, and (b) that the person or entity holding their interest in the property knew or should have known that they acquired their interest in violation of this chapter.
VII. If forfeiture is granted, the attorney general shall provide for the disposition of the forfeited property in any manner not prohibited by law, including retention of the property for official use by law enforcement or other public agencies, or by sale at public auction. The attorney general shall pay the reasonable expenses of the seizure, forfeiture proceeding, and sale of property from the proceeds of any public auction of forfeited items or from any penalty obtained under this chapter. All outstanding recorded liens on any property forfeited shall be paid in full within a reasonable time following the court proceedings.
477:22-f Rulemaking. The attorney general shall adopt rules, pursuant to RSA 541-A, relative to provisions of this subdivision that the attorney general determines require administrative rules.
141:347 Effective Date. Section 346 of this act shall take effect upon its passage.
141:348 Department of Corrections; Probation/Parole Officer Positions. Notwithstanding any other provision of law, of the probation/parole officer positions funded in accounting unit 02-46-046-464010-8302, any that become vacant due to attrition shall result in one such position remaining vacant for the biennium ending June 30, 2027.
141:349 Committee Established. There is established a committee to study the creation of the New Hampshire office of film and creative media.
141:350 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
II. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
141:351 Duties. The committee shall:
I. Review the potential cost and benefits of establishing such an office and tax credit;
II. Identify what other states have done;
III. Make recommendations on what would be the best model;
IV. Solicit testimony, including from the commissioner of business and economic affairs, the commissioner of natural and cultural resources, and any person or organization with relevant information or expertise, regarding establishing such an office and tax credit.
141:352 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 30 days of the effective date of this section. Two members of the committee shall constitute a quorum.
141:353 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2025.
141:354 Effective Date. Sections 349-353 of this act shall take effect upon its passage.
141:355 Appropriations; Housing Champion Designation and Grant Program Fund; Lapse Extension. Amend 2023, 79:466, I to read:
I. The sum of $5,000,000 for the fiscal year ending June 30, 2023, which shall not lapse until June 30, [2025] 2026, is hereby appropriated to the New Hampshire housing champion designation and grant program fund. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:356 Effective Date. Section 355 of this act shall take effect June 30, 2025.
141:357 Sale of the Sununu Youth Services Center. 2023, 2:4 is repealed and reenacted to read as follows:
2:4 Sale of the Sununu Youth Services Center (SYSC).
I. Notwithstanding RSA 4:40, the department of administrative services shall commence a search by whatever reasonable means necessary for a purchaser for the entire property currently housing the SYSC on South River Road in Manchester, New Hampshire and sell the property to a suitable buyer in accordance with this section. Identification of a purchaser that will enhance the tax and business tax rolls of the city of Manchester and the state of New Hampshire shall be a high priority.
II. The department shall offer the property for sale at not less than market value.
III. The department shall negotiate and execute any contracts or other agreements or actions to accomplish the sale and lease of the property in accordance with this section.
IV. The department shall consult with the city of Manchester, the New Hampshire department of business and economic affairs, and other organizations, as appropriate, prior to any sale of the property. The sale of the SYSC shall be approved by the governor and council.
V. All proceeds and revenue from the sale of the SYSC shall be deposited in the youth development center claims and administration settlement fund, established in RSA 21-M:11-a.
I. Notwithstanding the provisions of any other law to the contrary, with respect to taxes administered and collected by the department of revenue administration, an amnesty from the assessment or payment of all penalties and interest exceeding 50 percent of the applicable interest, as calculated pursuant to RSA 21-J:28 on the date of payment for the tax period, shall apply to unpaid taxes reported and paid in full between December 1, 2025, and February 15, 2026, regardless of whether previously assessed. This amnesty shall only apply to taxes due but unpaid on or before June 30, 2025.
II. Without in any way limiting the authority otherwise vested in the commissioner under the law, the commissioner may consider the failure to pay such amounts during such amnesty period as a factor when abating or not abating any interest or penalty for good cause or other reasons.
141:359 Appropriation. The sum of $50,000 is hereby appropriated to the department of revenue administration for the fiscal year ending June 30, 2026, to the following account for the purposes of outreach and other administration necessary for the implementation of the tax amnesty program: 01-84-84-840010-7884-102, Contracts for Program Services. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:360 Training Coordinator. Amend 2024, 317:17 to read as follows:
317:17 Effective Date.
I. RSA 597:2-b, I-a, as inserted by section 9 of this act, and sections 16 and 17 of this act, shall take effect July 1, 2024.
II. Section 11 of this act shall take effect July 1, [2025] 2027.
III. The remainder of this act shall take effect January 1, 2025.
141:361 Veterans Court. Amend 2024, 371:3 to read as follows:
371:3 Effective Date. This act shall take effect July 1, [2025] 2027.
141:362 Judicial Districts. Amend RSA 502-A:1 to read as follows:
502-A:1 Judicial Districts.
A comprehensive system of judicial districts, each with a district court, is hereby organized, constituted and established as follows:
Rockingham County
I. PORTSMOUTH DISTRICT. The Portsmouth district shall consist of the city of Portsmouth and the towns of Newington, Greenland, Rye, and New Castle. The district court for the district shall be located in Portsmouth, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Portsmouth District Court.
II. HAMPTON DISTRICT. The Hampton district shall consist of the towns of Hampton, Hampton Falls, North Hampton, South Hampton, and Seabrook. The district division for the district shall be located in Hampton, holding sessions regularly therein and elsewhere in the district as justice may require.
[II-a. [Repealed.]
II-b. EXETER DISTRICT. The Exeter district shall consist of the towns of Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood. The district division for the district shall be located in Brentwood, holding sessions regularly therein and elsewhere in the district as justice may require.]
III. BRENTWOOD DISTRICT. The Brentwood district shall consist of the towns of Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, Brentwood, Danville, Kingston, and Newton. The district division for the district shall be located in Brentwood, holding sessions regularly therein and elsewhere in the district as justice may require.
IV. DERRY DISTRICT. The Derry district shall consist of the towns of Derry, Londonderry, Chester, and Sandown. The district court for the district shall be located in Derry, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Derry District Court.
V. [AUBURN-CANDIA-RAYMOND] CANDIA DISTRICT. The [Auburn-Candia-Raymond] Candia district shall consist of the towns of Auburn, Candia, Deerfield, Nottingham, Raymond, and Northwood. [The court shall be located in Auburn, Candia, or Raymond. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. The court shall bear the name of the town in which it is located.] The district court for the district shall be located in Candia, holding sessions regularly therein and elsewhere in the district as justice may require.
VI. SALEM DISTRICT. The Salem district shall consist of the towns of Salem, Windham, Atkinson, Hampstead, and Plaistow in Rockingham county and the town of Pelham in Hillsborough county. The district court for the district shall be located in Salem, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Salem District Court.
Strafford County
VII. [DOVER-SOMERSWORTH-DURHAM] DOVER DISTRICT. The [Dover-Somersworth-Durham] Dover district shall consist of the cities of Dover and Somersworth and the towns of Rollinsford, Durham, Lee, and Madbury. [The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require.] The district court for the district shall be located in Dover, holding sessions regularly therein and elsewhere in the district as justice may require.
VIII. ROCHESTER DISTRICT. The Rochester district court shall consist of the city of Rochester and the towns of Barrington, Milton, New Durham, Farmington, Strafford, and Middleton. The district court for the district shall be located in Rochester, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Rochester District Court.
Belknap County
IX. LACONIA DISTRICT. The Laconia district shall consist of the city of Laconia and the towns of Meredith, New Hampton, Gilford, Belmont, Alton, Gilmanton, Center Harbor, and Barnstead. The district court for the district shall be located in Laconia, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Laconia District Court.
Carroll County
X. CONWAY DISTRICT. The district for northern Carroll county shall consist of the towns of Conway, Bartlett, Jackson, Eaton, Chatham, Hart's Location, Albany, Madison and the unincorporated places of Hale's Location, Cutt's Grant, and Hadley's Purchase. The district court for the district shall be located in Conway, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the Conway District Court.
XI. OSSIPEE DISTRICT. The district for southern Carroll county shall consist of the towns of Ossipee, Tamworth, Freedom, Effingham, Wakefield, Wolfeboro, Brookfield, Tuftonboro, Moultonborough, and Sandwich. The court shall be located in Ossipee, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the Ossipee District Court.
Merrimack County
XII. CONCORD DISTRICT. The Concord district shall consist of the city of Concord, and the towns of Loudon, Canterbury, Dunbarton, Bow, Hopkinton, Pittsfield, Chichester, and Epsom. The district court for the district shall be located in Concord, holding sessions regularly there and elsewhere in the district as justice may require. The name of the court shall be Concord District Court.
XIII. HOOKSETT DISTRICT. The Hooksett district shall consist of the towns of Allenstown, Pembroke, and Hooksett. The district court for the district shall be located in Hooksett, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the Hooksett District Court.
XIV. FRANKLIN DISTRICT. The Franklin district shall consist of the city of Franklin and the towns of Northfield, Danbury, Andover, Boscawen, Salisbury, Hill, and Webster in Merrimack county and the towns of Sanbornton and Tilton in Belknap county. The district court for the district shall be located in Franklin, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Franklin District Court.
XV. HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, Sutton, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim, and Bennington in Hillsborough county. [The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. The court shall bear the name of the city or town in which it is located.] The district court for the district shall be located in Hillsborough, holding sessions regularly therein and elsewhere in the district as justice may require.
Hillsborough County
XVI. MANCHESTER DISTRICT. The Manchester district shall consist of the city of Manchester. The district court for the district shall be located in Manchester, holding sessions regularly therein as justice may require. The name of the court shall be Manchester District Court.
XVII. NASHUA DISTRICT. The Nashua district shall consist of the city of Nashua and the towns of Hudson and Hollis. The district court for the district shall be located in Nashua, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Nashua District Court.
XVIII. MERRIMACK DISTRICT. The Merrimack district shall consist of the towns of Merrimack, Litchfield, and Bedford. The district court for the district shall be located in Merrimack, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be the Merrimack District Court.
XIX. MILFORD DISTRICT. The Milford district shall consist of the towns of Milford, Brookline, Amherst, Mason, Wilton, Lyndeborough, and Mont Vernon. The district court for the district shall be located in Milford, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Milford District Court.
XX. JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county and the towns of Jaffrey, Dublin, Fitzwilliam, and Rindge in Cheshire county. The district court for the district shall be located in Jaffrey [or Peterborough], holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Jaffrey-Peterborough District Court.
XXI. HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, Sutton, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim, and Bennington in Hillsborough county. [The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. The court shall bear the name of the city or town in which it is located.] The district court for the district shall be located in Hillsborough, holding sessions regularly therein and elsewhere in the district as justice may require.
XXII. GOFFSTOWN DISTRICT. The Goffstown district shall consist of the towns of Goffstown, Weare, New Boston, and Francestown. The district court for the district shall be located in Goffstown, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Goffstown District Court.
Cheshire County
XXIII. KEENE DISTRICT. The Keene district shall consist of the city of Keene and the towns of Stoddard, Westmoreland, Surry, Gilsum, Sullivan, Nelson, Roxbury, Marlow, Swanzey, Marlborough, Winchester, Richmond, Hinsdale, Harrisville, Walpole, Alstead, Troy, and Chesterfield. The district court for the district shall be located in Keene, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Keene District Court.
XXIV. JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Jaffrey, Dublin, Fitzwilliam, and Rindge in Cheshire county and the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county. The district court for the district shall be located in Jaffrey [or Peterborough], holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Jaffrey-Peterborough District Court.
Sullivan County
XXV. [CLAREMONT-NEWPORT] CLAREMONT DISTRICT. The [Claremont-Newport] Claremont district shall consist of the city of Claremont and the towns of Cornish, Unity, Charlestown, Acworth, Langdon, and Plainfield[, Newport, Grantham, Croydon, Springfield, Sunapee, Goshen, Lempster, and Washington in Sullivan county and the towns of New London, Newbury, and Wilmot in Merrimack county. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located]. The district court for the district shall be located in Claremont, holding sessions regularly therein and elsewhere in the district as justice may require.
XXV-a. NEWPORT DISTRICT. The Newport district shall consist of the towns of Newport, Grantham, Croydon, Springfield, Sunapee, Goshen, Lempster, and Washington in Sullivan county and the towns of New London, Newbury, and Wilmot in Merrimack county. The district court for the district shall be located in Newport, holding sessions regularly therein and elsewhere in the district as justice may require.
Grafton County
XXVI. HANOVER-LEBANON DISTRICT. The Hanover-Lebanon district shall consist of the towns of Hanover, Orford, Lyme, Lebanon, Enfield, Canaan, Grafton, Dorchester, and Orange. [The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.] The district court for the district shall be located in Lebanon, holding sessions regularly therein and elsewhere in the district as justice may require.
XXVII. HAVERHILL DISTRICT. The Haverhill district shall consist of the towns of Haverhill, Bath, Landaff, Benton, Piermont, and Warren. The district court for the district shall be located in Haverhill, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Haverhill District Court.
XXVIII. LITTLETON DISTRICT. The Littleton district shall consist of the towns of Littleton, Monroe, Lyman, Lisbon, Franconia, Bethlehem, Sugar Hill, and Easton. The district court for the district shall be located in Littleton, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Littleton District Court.
XXIX. PLYMOUTH-LINCOLN DISTRICT. The Plymouth-Lincoln district shall consist of the towns of Plymouth, Bristol, Groton, Wentworth, Rumney, Ellsworth, Thornton, Campton, Ashland, Hebron, Holderness, Bridgewater, Alexandria, Lincoln, Woodstock, Waterville Valley, and the unincorporated place of Livermore. The district court for the district shall be located in Plymouth, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Plymouth District Court.
Coos County
XXX. BERLIN-GORHAM DISTRICT. The Berlin-Gorham district shall consist of the city of Berlin and the towns of Gorham, Milan, Dummer, Shelburne, and Randolph and the unincorporated places of Cambridge, Success, Bean's Purchase, Martin's Location, Green's Grant, Pinkham's Grant, Sargent's Purchase, Thompson and Meserve's Purchase and Low and Burbank's Grant. [The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.] The district court for the district shall be located in Berlin, holding sessions regularly therein and elsewhere in the district as justice may require.
XXXI. COLEBROOK DISTRICT. The Colebrook district shall consist of the towns of Colebrook, Pittsburg, Clarksville, Wentworth's Location, Errol, Millsfield, Columbia, Stewartstown, and Stratford and the unincorporated places of Dix's Grant, Atkinson and Gilmanton Academy Grant, Second College Grant, Dixville, Erving's Location, and Odell. The district court for the district shall be located in Colebrook, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Colebrook District Court.
XXXII. LANCASTER DISTRICT. The Lancaster district shall consist of the towns of Lancaster, Stark, Northumberland, Carroll, Whitefield, Dalton and Jefferson, and the unincorporated places of Kilkenny, Bean's Grant, Chandler's Purchase, and Crawford's Purchase. The district court for the district shall be located in Lancaster, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Lancaster District Court.
141:363 Sites. Amend RSA 490-D:4 to read as follows:
490-D:4 Sites.
The judicial branch family division shall operate at the following sites and such other sites as the supreme court, from time to time, determines, covering the following districts as delineated in RSA 502-A:1, except as otherwise indicated:
Grafton County
I. The courthouses in Grafton county which will house the judicial branch family division shall be the [court facility in North] Haverhill District Court, the Plymouth District Court, the Littleton District Court, and the Lebanon District Court.
II.(a) Matters arising in municipalities located within the Haverhill district shall be heard in the [court facility in North] Haverhill District Court.
(b) Matters arising in municipalities located within the Plymouth-Lincoln district shall be heard in the Plymouth District Court.
(c) Matters arising in municipalities located within the Littleton district shall be heard in the Littleton District Court.
(d) Matters arising in municipalities located within the Lebanon-Hanover district shall be heard in the Lebanon District Court.
Rockingham County
III. The courthouses in Rockingham county which will house the judicial branch family division shall be the court facility in Brentwood, the Portsmouth District Court, the Salem District Court, the Candia District Court, the Derry District Court, and the Hampton District Court.
IV.(a) Matters arising in municipalities located within the Portsmouth district shall be heard in the Portsmouth District Court.
(b) Matters arising in municipalities located within the Salem district shall be heard in the Salem District Court.
(c) Matters arising in municipalities located within the Derry district shall be heard in the Derry District Court.
(d) Matters arising in municipalities located within the Brentwood district shall be heard in the court facility in Brentwood.
(e) Matters arising in municipalities located within the Candia district shall be heard in the Candia District Court.
(f) Matters arising in municipalities located within the Hampton district shall be heard in the Hampton District Court.
Coos County
V. The courthouses in Coos county which will house the judicial branch family division shall be the Colebrook District Court, the Berlin District Court, and the [court facility in] Lancaster District Court.
VI.(a) Matters arising in municipalities located within the Colebrook district shall be heard in the Colebrook District Court.
(b) Matters arising in municipalities located within the Berlin-Gorham district shall be heard in the Berlin District Court.
(c) Matters arising in municipalities located within the Lancaster district shall be heard in the [court facility in] Lancaster District Court.
Carroll County
VII. The courthouses in Carroll county which will house the judicial branch family division shall be the [court facility in Ossipee and the District Court for northern Carroll County] Ossipee District Court and the Conway District Court.
VIII.(a) Matters arising in municipalities located within the district for southern Carroll county shall be heard in the [court facility in] Ossipee District Court.
(b) Matters arising in municipalities located within the district for northern Carroll county shall be heard in the [District Court for northern Carroll County] Conway District Court.
Sullivan County
IX. The courthouses in Sullivan county which will house the judicial branch family division shall be the Newport District Court and the Claremont District Court.
X.(a) Matters arising in municipalities located within the Newport district [and the New London district in Merrimack county] shall be heard in the Newport District Court.
(b) Matters arising in municipalities located within the Claremont district shall be heard in the Claremont District Court.
Strafford County
XI. The courthouses in Strafford county which will house the judicial branch family division shall be the Dover District Court, the Rochester District Court, and the Strafford county court facility in Dover.
XII.(a) Matters arising in municipalities located within the [Dover-Somersworth-Durham] Dover district shall be heard in the Dover District Court.
(b) Matters arising in municipalities located within the Rochester district shall be heard in the Strafford county court facility in Dover and the Rochester District Court.
Belknap County
XIII. The courthouse in Belknap county which will house the judicial branch family division shall be [a facility located in Laconia, provided, however, that the facility meets the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c] the Laconia District Court.
XIV.(a) Matters arising in municipalities located within the Laconia district shall be heard in the judicial branch family division facility in Laconia.
(b) Matters arising in the towns of Sanbornton and Tilton shall be heard in the Franklin District Court in Merrimack county.
Hillsborough County
XV. The courthouses in Hillsborough county which will house the judicial branch family division shall be the Manchester District Court, the Goffstown District Court, [the Hillsborough County Superior Court for the southern judicial district] the Nashua District Court, the Milford District Court, the Merrimack District Court, and[, upon completion of construction,] the Henniker-Hillsborough District Court.
XVI.(a) Matters arising in municipalities located within the Manchester district shall be heard in the Manchester District Court.
(b) Matters arising in municipalities located within the Goffstown district shall be heard in the Goffstown District Court.
(c) Matters arising in municipalities located within the Nashua district shall be heard in the [Hillsborough County Superior Court for the southern judicial district] Nashua District Court.
(d) Matters arising in municipalities located within the Milford district shall be heard in the Milford District Court.
(e) Matters arising in municipalities located within the Merrimack district shall be heard in the Merrimack District Court.
(f) Matters arising in Hillsborough county municipalities located within the Jaffrey-Peterborough district shall be heard in the Jaffrey-Peterborough District Court in Cheshire county.
(g) Matters arising in municipalities located within the Henniker-Hillsborough district shall be heard in [the Henniker District Court in Merrimack county until the completion of construction of the Henniker-Hillsborough District Court facility in Hillsborough county, whereupon those matters shall be heard in] the Henniker-Hillsborough District Court in Hillsborough county.
Merrimack County
XVII. The courthouses in Merrimack county which will house the judicial branch family division shall be the Franklin District Court, the Hooksett District Court, [the Henniker District Court until the completion of construction of] the Henniker-Hillsborough District Court [facility], and [a facility located in] the Concord District Court[, provided, however, that the facility meets the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c].
XVIII.(a) Matters arising in municipalities located within the Franklin district shall be heard in the Franklin District Court.
(b) Matters arising in municipalities located within the Hooksett district shall be heard in the Hooksett District Court.
(c) Matters arising in municipalities located within the Concord district shall be heard in the [judicial branch family division facility in] Concord District Court.
(d) Matters arising in the towns of New London, Newbury, and Wilmot shall be heard in the Newport District Court in Sullivan county.
(e) Matters arising in municipalities located within the Henniker-Hillsborough district shall be heard in [the Henniker District Court in Merrimack county until the completion of construction of the Henniker-Hillsborough District Court facility in Hillsborough county, whereupon those matters shall be heard in] the Henniker-Hillsborough District Court in Hillsborough county.
Cheshire County
XIX. The courthouses in Cheshire county which will house the judicial branch family division shall be the Jaffrey-Peterborough District Court and a facility located in the Keene District Court[, provided, however, that the facility meets the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c].
XX.(a) Matters arising in municipalities located within the Jaffrey-Peterborough district shall be heard in the Jaffrey-Peterborough District Court.
(b) Matters arising in municipalities located within the Keene district shall be heard in the [judicial branch family division facility in] Keene District Court.
141:364 Effective Date. Sections 362 and 363 of this act shall take effect January 1, 2026.
141:365 Trade and Commerce; State Commission for Human Rights. Amend RSA 354-A:3, I to read as follows:
I. There is hereby created a commission to be known as the New Hampshire commission for human rights, which shall be administratively attached to the department of justice pursuant to RSA 21-G:10, with additional oversight provided by the director of the department’s civil rights unit, or designee, pursuant to a memorandum of understanding entered into by the department and the commission. Such commission shall consist of 7 members, who shall be appointed by the governor, with the consent of the council, and one of whom shall be designated as chair by the governor. The term of office of each member of the commission shall be for 5 years.
141:366 Trade and Commerce; State Commission for Human Rights; General Powers and Duties of the Chair. Amend RSA 354-A:4 to read as follows:
354-A:4 General Powers and Duties of the Chair. The chair shall serve as the chief executive officer of the commission. The chair shall be a licensed attorney admitted or eligible to practice law in this state. The chair shall promote the efficient transaction of its business and the orderly handling of complaints and other matters before the commission. The chair shall designate commissioners to investigate and commissioners to hold hearings pursuant to RSA 354-A:21 and shall fix the times and places of public hearings. In the event of the chair's absence or inability to act, the vice-chair, or if no vice-chair has been designated, a commissioner designated by the chair shall act in the chair's stead. Otherwise a commissioner shall be designated by the governor to act as chair.
141:367 Trade and Commerce; State Commission for Human Rights; General Powers and Duties of the Commission. Amend RSA 354-A:5, V to read as follows:
V. To adopt rules, under RSA 541-A, suitable to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith. Such rules shall be kept current and shall not be permitted to expire. Such rules shall reflect any findings or determinations made in audits conducted by the legislative budget assistant pursuant to RSA 14:31 and 14:31-a.
141:368 Trade and Commerce; State Commission for Human Rights; General Powers and Duties of the Commission. Amend RSA 354-A:5, X to read as follows:
X. To render [biennially] annually to the governor, president of the senate, speaker of the house of representatives, senate clerk, house clerk, legislative fiscal committee, and council a full written report of its activities and of its recommendations. The report shall include:
(a) A detailed summary of actions taken to address and remediate findings identified in the most recent performance audit issued by the legislative budget assistant in February 2025, including but not limited to:
(1) Timeliness of case investigations and resolutions, the number of cases resolved, the number of outstanding cases before the commission, whether the commission has a backlog of cases, and the average time it takes to close a case;
(2) Implementation of a case management system;
(3) Development of strategic planning, internal controls, and performance metrics;
(4) Training and oversight of staff and commissioners;
(5) Adoption and enforcement of administrative rules;
(6) Correction of prior audit findings;
(7) Confidentiality and data management improvements; and
(8) Definitions and processes related to legal standards in investigations.
(b) Quantitative performance measures including average time to assign and close cases, number of cases exceeding statutory time limits, and comparison to prior years.
(c) Progress updates on administrative rulemaking, strategic plan implementation, and IT modernization initiatives.
(d) Status of required statutory filings including biennial reports, statements of financial interests, and reconciliations with federal data systems.
(e) Any additional recommendations or needs for legislative action.
II. The report shall be made publicly available online on the TransparentNH website in accordance with executive order 2014-03.
141:369 Advisory Committee Established. There is established a temporary human rights commission advisory committee to study, monitor, and support implementation of corrective measures identified in the 2025 legislative budget assistant audit. The committee shall exist for a period of one year following enactment and shall be administratively attached to the judicial branch.
141:370 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) The chief justice of the New Hampshire supreme court, or designee;
(b) One representative of the department of justice with experience in civil rights or administrative law, appointed by the governor;
(c) One member of the house judiciary committee, appointed by the speaker of the house of representatives;
(d) One member of the senate judiciary committee, appointed by the president of the senate;
(e) One representative of a nonprofit organization with expertise in anti-discrimination law, appointed by the governor;
(f) One municipal human rights officer, appointed by the governor;
(g) One public member with lived experience in housing, employment, or public accommodation discrimination, appointed by the governor.
II. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
141:371 Duties. The committee shall:
I. Meet at least quarterly, but may recommend extension of its oversight period if substantial progress has not been demonstrated within one year;
II. Review the human rights commission's progress in implementing audit recommendations; and
III. Provide guidance and support on policy, training, and legal rule development.
141:372 Chairperson; Quorum. The designee of the chief justice of the New Hampshire supreme court shall serve as chair. The first meeting of the committee shall be called by the chair. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
141:373 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, the New Hampshire supreme court, the administrative office of the courts, the New Hampshire law library, and the state library on or before November 1, 2026.
141:374 Effective Date. Sections 369-373 of this act shall take effect upon its passage.
141:375 New Paragraph; Compensation for Public Water Systems; PFAS. Amend RSA 485-H:6 by inserting after paragraph I-a the following new paragraph:
I-b. Pursuant to settlements received under paragraph I-a, the department of environmental services, with consent of the drinking water and groundwater advisory commission, shall establish an application approval process and determine the prorated compensation amount for each public water system with PFAS detections based on the amount public water systems spent or will spend on infrastructure to mitigate PFAS compounds minus the amount received from other funding sources. If there is sufficient funding available, the department may, with the consent of the drinking water and groundwater advisory commission, use that funding to offset the cost of operation and maintenance of infrastructure related to mitigating PFAS. The department of environmental services, with the consent of the drinking water and groundwater advisory commission, may receive reimbursement for costs associated with personnel and analytical costs it incurred to collect the information required for the submissions of claims under the PFAS public water system settlement agreements or to provide assistance in PFAS litigation against manufacturers brought by the state of New Hampshire.
141:376 Portability, Availability, and Renewability of Health Coverage; Health Plan Loss Information. Amend RSA 420-G:12-a, II to read as follows:
II. Upon written request from any large employer, every health carrier, third-party administrator, pooled risk management program under RSA 5-B or any other type of multiple employer health plan shall provide that employer's loss information within 30 calendar days of receipt of the request. The loss information shall include all physician, hospital, prescription drug, and other covered medical claims specific to the employer's group plan incurred for the 12-month period paid through the 14 months which end within the 60-day period prior to the date of the request. It shall also include deidentified large claim information for claimants over $50,000 to include medical and pharmacy claims, primary and secondary diagnosis, coverage type (employee, spouse, or dependent), and employment status (active or termed), to the extent such disclosure does not violate state or federal law. An employer shall not be entitled by this section to more than [2] 4 loss information requests in any 12-month period; however, nothing shall prohibit a carrier from fulfilling more frequent requests on a mutually agreed-upon basis.
141:377 Water Management and Protection; Per And Polyfluoroalkyl Substances (PFAS) Fund And Programs; Contingent Reimbursement. Amend RSA 485-H:6, I-a to read as follows:
I-a. Following the reimbursement of the department of justice for legal expenses related to relevant litigation, any funds from judgments or settlements received by the state resulting from lawsuits against manufacturers of PFAS attributable to impacts to public drinking water systems shall be deposited directly into the drinking water and groundwater trust fund established in RSA 6-D:1. RSA 7:6-e and RSA 6:13-e, III, shall not apply to funds deposited pursuant to this paragraph. The New Hampshire drinking water and groundwater advisory commission shall ensure that an amount equivalent to the funds deposited pursuant to this paragraph is distributed through a combination of loans and grants to public water systems whose water sources have been impacted by PFAS contamination above applicable standards. If the funds from judgments or settlements received by the state for impacts to public drinking water systems account for PFAS contamination below applicable standards, the advisory commission may issue grants, loans, or reimbursements to those systems for those impacts.
141:378 Appropriation; Drinking Water and Groundwater Trust Fund. The sum of $11,550,000 for the fiscal year ending June 30, 2026, is hereby appropriated to the department of environmental services from the drinking water and groundwater trust fund established under RSA 485-F for the purpose of funding regional drinking water infrastructure as part of Phase 2B of the southern New Hampshire regional water project to increase water supply by over 2 million gallons per day to multiple towns impacted by per- and polyfluoroalkyl substance contamination and growing water demands. No current public utility ratepayer shall be adversely affected by any direct or indirect costs to bring drinking water to communities receiving new services through any projects funded by this appropriation. Any remaining funds hereby appropriated shall not lapse.
141:379 Department of Environmental Services; Appropriation. There is hereby appropriated to the department of environmental services the sum of $2,500,000 for the fiscal year ending June 30, 2026, and the sum of $2,500,000 for the fiscal year ending June 30, 2027, which shall be nonlapsing, for the purpose of making payments to communities for projects that have previously been awarded state aid grant funding for eligible and completed wastewater infrastructure projects, per RSA 486, as approved by the governor and executive council. Any remaining funds not used for making payments on existing grants may be used to award new grants. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:380 Appropriation; Department of Environmental Services; Pipe, Water Filtration, and Well Upgrades; Pillsbury Lake Village District. The sum of $325,000 for the biennium ending June 30, 2027, is appropriated to the department of environmental services to the Pillsbury Lake Village District for the purpose of addressing loan costs associated with the following upgrades:
I. Piping Upgrades: $155,000 to cover a loan used for upgrading the pipes under Concord Drive in Webster.
II. Water Filtration Upgrade: $105,000 to cover a loan for upgrading the water filtration system.
III. New Well Development: $65,000 to cover a loan for digging a new well, known as the Franklin-Pierce well, which requires less processing and will reduce overall costs.
The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:381 Emergency Services and Communications; Division of Emergency Services and Communications. Amend RSA 21-P:48-a, II to read as follows:
II. With the approval of the commissioner, the director may employ such necessary technical, clerical, stenographic, and other personnel, and may make such expenditures from state or federal funds as are or may be made available for purposes of emergency services and communications and the state radio communications systems. The director and other personnel of the division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing, and funds for traveling and related expenses, in the same manner as provided for personnel of other state agencies. With general oversight by the assistant commissioner, the director shall coordinate the activities of all organizations for emergency 911 telecommunications within the state, state and local, county, and private, and shall maintain liaison with and cooperate with police, fire, emergency medical, and sheriff's departments and emergency telecommunications organizations of other states and of the federal government. The director shall also oversee the state radio communications system, which includes infrastructure and any communication systems that directly support interoperable communications and the exchange of information between the public safety answering point/emergency communications center and the first responder, and have such additional duties, responsibilities, and authority authorized by applicable laws as may be prescribed by the commissioner.
III. Notwithstanding any other provision of law, maintenance of the state radio communications systems overseen by the division of emergency services and communications pursuant to this section shall be funded by the surcharge fund established in RSA 106-H:9.
141:382 Department of Safety; Division of Administration. Amend RSA 21-P:6, VIII to read as follows:
VIII. Collection of fuel taxes and administration of road tolls[, the international fuel tax agreement,] and the audit functions of the international registration plan under RSA 260.
141:383 Department of Safety; Division of Motor Vehicles. Amend RSA 21-P:8, III to read as follows:
III. Administration of the motor vehicle laws under RSA 260, except for road toll administration under RSA 260:30 through RSA 260:65-a [and the fuel tax agreement under RSA 260:65-b through RSA 260:65-e], which shall be administered by the division of administration.
141:384 Number Plates; Plate Manufacture. Amend RSA 228:25 to read as follows:
228:25 Addition to Fund.
I. There is hereby established an inventory fund in the department of safety consisting of the initial appropriation of $1,000,000 which sum is hereby authorized as a revolving fund comprised of funds in the highway fund that are not otherwise appropriated and into which shall be deposited additional revenues derived from the number plate manufacturing fee established in this paragraph. The fund shall be nonlapsing and continually appropriated to the department. The [prison] department of safety shall purchase such raw materials[ as may be required and agreed to by the commissioner of safety in order for the commissioner of safety] to issue fully reflectorized motor vehicle number plates. This purchase shall be a charge against the inventory fund and the[ prison] department of safety shall be responsible for the control and accountability of the raw materials so charged. Said number plates shall be manufactured at the [state prison] department of safety. [The prison shall be furnished out of said inventory account the raw materials necessary to manufacture said plates and upon receipt of the finished plates by the department of safety shall be reimbursed for their direct and indirect costs. The commissioner of safety shall, biennially, request the commissioner of administrative services to review and approve said cost rates.] Notwithstanding any other provision of law, the commissioner of safety shall charge, in addition to the regular motor vehicle registration fee, a number plate manufacturing fee of $4.00 per plate at the time of issuing said reflectorized motor vehicle number plates or replacement reflectorized number plates. Said additional charge shall not give the registrant any title or other property interest in said plates. [The commissioner of safety or assistant commissioner may request from time to time delivery of the number plates from the prison and shall reimburse the inventory fund by a transfer from revenue. At least 6 months prior to subsequent general issue, a transfer from revenue shall be made for all remaining finished plates in inventory.] The commissioner of safety shall report to the governor, the president of the senate, and the speaker of the house of representatives, no later than 90 days after the close of the second fiscal year of each biennium, the year ending balance in the inventory fund and the department's recommendation as to when the next general issue of number plates should commence, the estimated cost of such a general issue, and the estimated annual cost to support routine plate issue and replacement without a new general issue.
II. [Repealed.]
III. In accordance with the provisions of paragraph I, replacement plates may be purchased from the inventory fund.
IV. If the [state prison shop] department of safety is unable to manufacture or deliver reflectorized motor vehicle plates in a timely manner because of an emergency interruption resulting from [a riot or other] an unforeseen cause, as determined by [the commissioner of corrections or] the commissioner of safety, the [commissioners] commissioner shall submit a written report to the governor and council and shall request that an outside vendor be retained to manufacture said plates. If at any time the commissioner of safety[ or the commissioner of corrections] determines that the [prison] department of safety cannot produce number plates at a competitive price or meet reasonable delivery schedules, the commissioner[ of safety] shall report to the fiscal committee of the general court and the governor and council, and shall request that an outside vendor be retained to manufacture the plates. Upon approval of the governor and council, the commissioner [of safety] shall request the department of administrative services, division of procurement and support services to select an outside vendor in accordance with RSA 8:19.
V. The commissioner of safety, with approval of the governor, may charge the necessary expenses for the manufacture, storage, handling, issuance, and distribution of reflectorized motor vehicle number plates against the inventory fund provided under this section.
141:385 Official Cover Plates; Manufacture Location. Amend RSA 261:90 to read as follows:
261:90 Official Cover Plates. Upon payment of a fee, the director may issue and shall designate official cover plates with the reproduction of the state seal thereon to be affixed to a vehicle of United States senators from this state, representatives to congress from this state, the governor, members of the governor's council, the president of the senate, members of the senate, the speaker of the house of representatives, the clerk of the house of representatives, the clerk of the senate, members of the house of representatives, the attorney general, the secretary of state, the state treasurer, the President of the United States and members of his or her executive staff, and any ambassador or member of the foreign diplomatic corps. The fee for official cover plates shall be $1 in addition to any other number plate manufacturing fee otherwise required. The official cover plates, exclusive of the seal, shall be white with green lettering, which shall alternate with red lettering every other biennium, with the exception of the governor's council plates which shall be white with blue lettering every biennium. Official cover plates shall have the title of the person requesting the plates, except for members of the governor's council whose plates shall have their council district numbers [embossed] on them, and members of the general court, whose plates shall have their house seat numbers or their senate district numbers [embossed] on them unless the president of the senate, for members of the senate, or the speaker of the house of representatives, for members of the house of representatives, shall designate a title for their plates. The president of the senate, or a designee, and the speaker of the house of representatives, or a designee, shall provide the director with input as needed on the cover plate design for members of the general court. The director shall not issue more than 2 sets of official cover plates to any person. Official cover plates may be attached only to vehicles registered in the name of the person issued the plates or the name of the spouse of a member of the general court, or any vehicle being operated by a member of the general court. A cover plate and a regular motor vehicle plate may be displayed simultaneously on the same vehicle, with one plate on the front and the other plate on the rear. Nothing herein shall be construed as affecting the issuance of regular motor vehicle plates and the payment of the registration fee therefor. [Official cover plates shall be manufactured at the state prison and the prison shall provide the plates to the department at the prison's cost].
141:386 New Chapter; Mobile Drivers' Licenses and Non-Driver Identification Cards. Amend RSA by inserting after chapter 263 the following new chapter:
CHAPTER 263-A
MOBILE DRIVERS' LICENSES AND NON-DRIVER IDENTIFICATION CARDS
263-A:1 Definitions.
As used in this chapter:
I. "Credential” means a driver’s license or non-driver identification card.
II. “Credential holder” means the individual that has been issued a physical or electronic credential.
III. “Data element” means a distinct component of a customer’s information that is found on the division's customer record.
IV. "Division" means the department of safety, division of motor vehicles.
V. “Electronic credential” means an electronic extension of the division's issued physical credential that conveys identity and driving privilege information and is in compliance with standards of the division.
VI. “Electronic credential system” means a digital process that includes creating electronic credentials and a method for provisioning electronic credentials, requesting and transmitting electronic credential data elements, and performing tasks to maintain the system.
VII. “Physical credential” means a document or other tangible object issued by the division that conveys identity and driving privilege information.
VIII. "Provision” means the initial loading of an electronic credential onto a device.
IX. "Relying party” means the entity to which the credential holder is presenting the electronic credential.
X. “Verification process” means a method of authenticating the electronic credential through the use of secure encrypted communication.
263-A:2 Issuance and Life Cycle Management.
I. The division of motor vehicles shall issue an electronic credential only to individuals who are otherwise eligible to hold a valid physical credential. The data elements that are used to build an electronic credential must match the individual’s current motor vehicle or non-driver identification record.
II. The division may contract with one or more entities to develop an electronic credential system. The electronic credential system shall be designed to comply with the most recent applicable state and federal standards.
III. The validity period of electronic credentials shall be set by the division.
IV. The division may assess a fee for the provisioning of an electronic credential.
263-A:3 Acceptance of Electronic Credentials.
I. The electronic credential holder shall be required to have their physical credential on their person while operating a motor vehicle.
II. Electronic credential systems shall be designed so that there is no requirement for the electronic credential holder to display or relinquish possession of their mobile device to relying parties for the acceptance of an electronic credential.
III. Upon request by law enforcement, an electronic credential holder must provide their physical credential.
IV. Any law or regulation that requires an individual to surrender their physical credential to law enforcement does not apply to the device on which an electronic credential has been provisioned.
263-A:4 Verification Process.
I. Relying parties shall authenticate electronic credentials in accordance with applicable division standards prior to acceptance of the electronic credential.
II. Electronic credential data is subject to data security and privacy protection according to RSA 507-H, as well as any other applicable state and federal law.
III. Relying parties shall only request electronic credential data elements that are necessary to complete the transaction for which that data is being requested.
263-A:5 Privacy and Tracking.
I. Relying parties shall only retain electronic credential data elements for which the relying party explicitly obtained consent from the electronic credential holder. Relying parties shall inform the electronic credential holder of the use and retention period of the electronic data elements and comply with RSA 507-H.
II. The electronic credential system shall be designed to maximize the privacy of the credential holder and comply with RSA 507-H, as well as any other applicable state and federal laws, and shall not track or compile information without the credential holder’s actual consent. The division shall only compile and/or disclose information regarding use of the credential as required by RSA 507-H and other applicable state or federal laws.
263-A:6 Rulemaking. The commissioner of the department of safety shall adopt administrative rules under 541-A that are necessary for the management and operation of an electronic credential system.
141:387 Effective Date. Section 386 of this act shall take effect January 1, 2026.
141:388 Appropriation; Department of Safety; Northern Border Alliance Program. The sum of $600,000 for the fiscal year ending June 30, 2026, is hereby appropriated to the department of safety and shall be nonlapsing. This sum shall be expended for the purpose of funding overtime patrols and related training activities, purchasing equipment in support of the northern border alliance program by state police, and disbursing grants to other state, county, and local law enforcement agencies for the purpose of funding overtime costs for county and local law enforcement officers performing law enforcement activities attributable to the northern border alliance program established in RSA 21-P:69. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:389 Legislative Declaration of Authority Regarding Public Education. In its 1993 and 1997 decisions, in the so-called Claremont series of public school funding cases, the New Hampshire Supreme Court ruled that the New Hampshire Constitution imposes upon the legislature 4 obligations with respect to public K-12 education: (1) define an adequate education; (2) determine its cost; (3) fund it with constitutional taxes; and (4) ensure its delivery through accountability. Although the legislature has from the beginning had grave reservations as to the court's authority to impose these obligations upon a coordinate branch of government, in the spirit of comity it has over the subsequent quarter-century devoted extensive time, energy and public tax dollars to satisfying them. However, in the most recent of these cases, the judicial branch has asserted authority to review and set aside the legislature's determinations with respect to its 4 supposed obligations, and to fund education at levels determined by the court through a process which, though adjudicatory in form, is legislative in substance. Accordingly, the legislature now deems it necessary to definitively proclaim that, as the sole branch of government constitutionally competent to establish state policy and to raise and appropriate public funds to carry out such policy, the legislature shall make the final determination of what the state's educational policies shall be and of the funding needed to carry out such policies.
141:390 Land Stewardship Program; Administrative Attachment. Amend RSA 12-O:53, II(i) to read as follows:
(i) Administer the [following programs: the] statewide comprehensive outdoor recreation plan[,] and the national flood insurance program[, and the land conservation investment program]. The office shall employ necessary personnel to administer these programs.
141:391 New Section; Fish and Game Department; Propagation of Fish and Game; Conservation land Monitoring. Amend RSA 212 by inserting after section 10-b the following new section:
212:10-c Conservation Land Monitoring.
The executive director of the fish and game department shall monitor property acquired through the former land conservation investment program consistent with RSA 162-C:6 and 8. The executive director may further monitor such other land conservation interests held by the state of New Hampshire as may approved by the council for resources and development pursuant to RSA 162-C:6, II.
141:392 Conservation Land Stewardship Program; Administrative Attachment; Fish and Game Department. Amend RSA 162-C:6, II to read as follows:
II. In addition to its other responsibilities, the council shall manage and administer the lands acquired and funds established under the land conservation investment program under the former RSA 221-A, according to the provisions of this subdivision and consistent with agreements entered into with persons with ownership interests in such lands. The fish and game department shall monitor property acquired through the former land conservation investment program on behalf of the council and consistent with RSA 162-C:8. The council shall provide funds from the monitoring endowment described in RSA 162-C:8 to the fish and game department sufficient to cover the costs associated with such monitoring. Nothing herein shall preclude the council from providing funds from the monitoring endowment to the department or other entities to cover the costs of monitoring other land conservation interests held by the state of New Hampshire.
141:393 New Paragraph; Reasons for Removal and Impoundment. Amend RSA 262:32 by inserting after paragraph VIII the following new paragraph:
IX. A vehicle, camper, or other equipment has been towed to and left at a park-and-ride facility without written approval of the commissioner. In such cases, the state may seek reimbursement for the removal costs from the towing company, the owner, or both.
141:394 Obstructing Water; Penalty. Amend RSA 236:19 to read as follows:
236:19 Obstructing Water; Penalty. Any person who shall place, or suffer to be placed or to remain, any logs, earth or other substances within the limits of a highway or state-owned railroad corridor, or upon land in the vicinity of a highway or state-owned railroad corridor by which the water in a stream, pond or ditch is turned upon the highway or state-owned railroad corridor and injures or renders it unsuitable for public or railroad travel, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. If such highway is maintained by the town, the fine shall be for the use of the town and if such highway or railroad is maintained by the state, the fine shall be for the use of the department of transportation. Nothing in this section shall be construed as prohibiting the placing of snow within the limits of a highway for the purpose of crossing or recrossing by sleds, logging or farming equipment.
141:395 Credit to Highway Fund; Fee for Expedited Driveway Permit Established in SB 153 (2025). Amend RSA 236:13, IV-b(b) to read as follows:
(b) An applicant electing to use the expedited permitting process under this paragraph shall pay a $120 per unit non-refundable permit fee, which shall be credited to the highway fund.
141:396 Contingency. If SB 153 of the 2025 general legislative session becomes law, section 395 of this act shall take effect at 12:01 a.m. on the effective date of SB 153. If SB 153 does not become law, section 395 of this act shall not take effect.
141:397 Effective Date. Section 395 of this act shall take effect as provided in section 396 of this act.
141:398 Education; Adult Education; Establishment of Adult High School Education Program. Amend RSA 186:61, I to read as follows:
I. The state board of education shall establish and promote [an] educational [program] programs for [adults] adult legal residents of New Hampshire and students at least sixteen years of age eligible for enrollment in a New Hampshire public school to earn a high school diploma or its equivalent. Such educational programs shall charge tuition to student resident districts when resident districts receive state adequacy funds pursuant to RSA 198:40-a for such students at an amount agreed to by the educational program and the resident district. This program shall be administered by the division of learner support, department of education, in accordance with the rules adopted by the state board.
141:399 Appropriation; Department of Education. Notwithstanding RSA 198:39, I, the sums of $400,000 in the fiscal year ending June 30, 2026, and $400,000 in the fiscal year ending June 30, 2027, are hereby appropriated from the education trust fund to the department of education, to be distributed to approved education programs pursuant to RSA 186:61, proportional to the number of credits awarded to high school students served by such educational programs during the fiscal year ending June 30, 2025. The governor is authorized to draw a warrant for said sums out of any money in the education trust fund not otherwise appropriated.
141:400 Education; Student and Teacher Information Protection and Privacy; Student Privacy. Amend RSA 189:68, I(l) to read as follows:
(l) Student [postsecondary] workforce information, including the employer's name[, and the name of a college attended outside of New Hampshire].
141:401 Education; District Taxes; Reports Required; Cities and School Districts. Amend RSA 198:4-d, III-a to read as follows:
III-a. The department of education and the department of revenue administration together shall develop and [recommend] maintain school accounting standards[. The departments shall report to the speaker of the house, the senate president, and the governor concerning such accounting standards on or before December 1, 1999] which shall be used by districts and chartered public schools for financial reporting purposes.
141:402 Department of Education; Duties of Deputy Commissioner. Amend RSA 21-N:5, I(j) to read as follows:
(j) Administering department responsibilities for information services, including shared supervision of department of information technology staff embedded within the department of education and services provided by the department of information technology.
141:403 Appropriation; Department of Education. Notwithstanding RSA 198:39, I, the sums of $1,500,000 in the fiscal year ending June 30, 2026, and $1,500,000 in the fiscal year ending June 30, 2027, are hereby appropriated from the education trust fund to the department of education for the purpose of providing learning platforms that provide high quality instructional materials across all content areas to ensure all K-12 students in this state have access to evidence-based and content-rich learning outcomes. The governor is authorized to draw a warrant for said sums out of any money in the education trust fund not otherwise appropriated.
141:404 Operation of Keno Games. Amend RSA 284:47, I to read as follows:
I. A licensee may operate keno games at its business during the business' hours of operation [between the hours of 11 a.m. and 1 a.m].
141:405 New Section; Pari-Mutuel Pools, and Distribution of Tax Theron; Advanced Deposit Account Wagering. Amend RSA 284 by inserting after section 22-b the following new section:
284:22-c Advanced Deposit Account Wagering.
I. Advance deposit wagering is authorized for pari-mutuel betting on horse racing under this chapter if conducted in compliance with this section and the Interstate Horseracing Act of 1978, United States Code, Title 15, section 3001 et seq.
II. It is unlawful for any person or entity to accept an advance deposit wager from a New Hampshire resident unless the person or entity is a licensed advance deposit wagering provider in the state of New Hampshire.
III. Before accepting an advance deposit wager from a New Hampshire resident, a licensed advance deposit wagering provider shall demonstrate evidence of financial responsibility in a format prescribed by the commission through a surety bond executed and issued by an insurer authorized to issue surety bonds in this state, an irrevocable letter of credit, or other form of financial guarantee in an amount to be determined by the commission. The commission may also accept, as evidence of financial responsibility, a surety bond, an irrevocable letter of credit, or other form of financial guarantee in accordance with this subdivision filed with one or more states where the applicant is licensed as an advance deposit wagering provider. The commission may ask for additional evidence of financial responsibility at any time the commission deems necessary. Any surety bond, an irrevocable letter of credit, or other form of financial guarantee issued under this subdivision shall be in favor of this state and shall specifically authorize recovery by the commission for the payment of all revenues required by this chapter.
IV. The commission shall not license or authorize a person or entity to conduct advance deposit wagering under this section unless the person or entity has submitted, and the commission approved, a plan of operation for advance deposit wagering. At a minimum, the plan of operation shall provide for:
(a) Methods of resolving disputes with account holders;
(b) Procedures to protect the security of account holders' accounts and information;
(c) Methods to verify the identity of account holders and ensure that all account holders are natural persons who are at least 18 years of age;
(d) Procedures to ensure that wagers are only accepted from account holders who have sufficient funds on deposit and that no credit is extended by the person to an account holder;
(e) Procedures for keeping accurate records of all contests, wagers, and payouts;
(f) Annually contracting with an independent third-party to conduct a financial audit and submit the results of the audit to the commission. If the licensed advanced deposit wagering provider is a wholly-owned subsidiary of a publicly traded company, submission of audited financial statements of the publicly-traded parent company contained in a public filing with the United States Securities and Exchange Commission shall satisfy this requirement;
(g) Annually contracting with an independent third-party cyber security audit and submit the results of the audit to the commission; and
(h) Other requirements established by the commission in rule.
V. The plan of operation may only be amended with the approval of the commission. The commission may withdraw approval of a plan of operation for cause.
VI. Advanced deposit wagers from New Hampshire residents shall be subject to a revenue sharing plan. Licensees shall provide the commission payment in the amount of 1.25 percent of all wagers accepted from New Hampshire residents in a manner prescribed by the commission. The revenues received from the commission pursuant to this section, less the administrative costs of the commission, shall be deposited in the education trust fund established in RSA 198:39.
VII. Persons or entities that offered advanced deposit wagering services to New Hampshire residents as of July 1, 2022 may request permission from the commission to continue offering these services during the pendency of the licensing process. Any such person or entity shall make the request to continue offering services in writing detailing how the person or entity will meet the protections set forth in this section during the interim period before licensure. The commission may grant such request for unlicensed operation for a period not to exceed six months where the requestor has adequately documented acceptable financial responsibility and patron protection standards. In no event shall this permission extend past January 1, 2026.
141:406 Rulemaking. Amend RSA 284:12, IV to read as follows:
IV. The sale of pari-mutuel pools as authorized under RSA 284:22, RSA 284:22-a, [and] RSA 284:22-b, and RSA 284:22-c.
141:407 Community College System of New Hampshire; Law Enforcement Officers, Professional Firefighters, and Emergency Medical Technicians Career Development, Recruitment, and Retention Program. Amend RSA 188-F:70 to read as follows:
188-F:70 Program Established.
I. There is hereby established in the community college system of New Hampshire the New Hampshire law enforcement officers, professional firefighters, public safety telecommunicators and dispatchers, and emergency medical technicians career development, recruitment, and retention program. To the extent of available funds, New Hampshire law enforcement officers, professional firefighters, public safety telecommunicators and dispatchers, and emergency medical technicians may receive reimbursement, upon successful completion, for the cost of one [course] or more courses per semester, including required fees, in a degree program at an institution in the community college system as approved for that individual upon recommendation of the person's supervisor and the committee. Such courses may be in any field leading to a degree in an area of study approved by the commission. Eligible individuals may receive reimbursement for non-credit or degree courses, upon successful completion, as approved for that individual upon recommendation of the person's supervisor and the committee.
II. Upon employment by a New Hampshire fire [service] or law enforcement department, a graduate of the New Hampshire fire or police academy, or the entity that paid for the cost, with the recommendation of the employee's supervisor and the approval of the committee, shall receive full reimbursement for the cost of the academy not covered by other funding sources.
141:408 Law Enforcement Officers, Professional Firefighters, and Emergency Medical Technicians Career Development, Recruitment, and Retention Program Committee. Amend the section heading and RSA 188-F:71, I to read as follows:
188-F:71 Law Enforcement Officers, Professional Firefighters, Public Safety Telecommunicators and Dispatchers, and Emergency Medical Technicians Career Development, Recruitment, and Retention Program Committee Established.
I. There is hereby established the law enforcement officers, professional firefighters, public safety telecommunicators and dispatchers, and emergency medical technicians career development, recruitment, and retention program committee. The members of the committee shall be as follows:
(a) The commissioner of the New Hampshire department of safety, or designee. The commissioner, or designee, shall serve as chairperson of the committee.
(b) The chancellor of the community college system of New Hampshire, or designee.
(c) The director of the New Hampshire police standards and training council, or designee.
(d) The director of the New Hampshire Fire Academy, or designee.
(e) The president of the New Hampshire Association of Chiefs of Police, or designee.
(f) The president of the New Hampshire Police Association, or designee.
(g) The president of the New Hampshire state police union, or designee.
(h) The president of the Professional Firefighters of New Hampshire, or designee.
(i) The president of the New Hampshire Association of Emergency Medical Technicians, or designee.
(j) The president of the New Hampshire Association of Fire Chiefs, or designee.
(k) The president of the New Hampshire Emergency Dispatchers Association, or designee.
(l) Three educators from the community college system of New Hampshire, appointed by the chancellor of the community college system of New Hampshire.
141:409 Law Enforcement Officers, Professional Firefighters, and Emergency Medical Technicians Career Development, Recruitment, and Retention Fund. Amend RSA 188-F:72 to read as follows:
188-F:72 Law Enforcement Officers, Professional Firefighters, Public Safety Telecommunicators and Dispatchers, and Emergency Medical Technicians Career Development, Recruitment, and Retention Fund Established. There is hereby established in the state treasury a fund to be known as the law enforcement officers, professional firefighters, public safety telecommunicators and dispatchers, and emergency medical technicians career development, recruitment, and retention fund. The fund shall be administered by the community college system of New Hampshire. The fund shall be nonlapsing and continually appropriated to the community college system to support the program established in this subdivision. The community college system shall establish procedures for receiving and disbursing funds, and it shall report to the committee established in RSA 188-F:71 on the operation of the fund. The fund may accept state or federal appropriations or grants, or gifts, grants, or donations from any other source.
141:410 Home and Community Based Behavioral Health Services for Children; Adverse Childhood Experiences (ACEs) Prevention and Treatment Program. Amend RSA 167:3-l, IV to read as follows:
IV.(a) [On or before January 1, 2023, the department shall develop a timeline, conduct a cost analysis plan, and provide a detailed report of the timeline and cost analysis plan to the senate health and human services committee and the house children and family law and health, human services and elderly affairs committees, to] The department of health and human services shall establish the ACEs prevention and treatment program, to support children, birth to age 6, with exposure to adverse childhood experiences (ACEs) and severe emotional disturbances whose needs cannot be met through childcare, educational, and developmental services alone. The program shall be designed to provide prevention, assessment, diagnoses, and treatment services for such children and their families, by:
(1) [ Increase] Increasing Medicaid reimbursement for early childhood mental health care, including but not limited to child parent psychotherapy, to enhance services for Medicaid patients;
(2) [Elevate] Elevating the early childhood and family mental health credential statewide by requiring the credential for specific provider levels and/or associating the credential with an increased salary level or higher reimbursement rates; and
(3) [Offer] Offering continued funding, including scholarships or reimbursements, to cover costs associated with [the training to incentivize providers to take part in the training] ongoing training and professional development in early childhood mental health care, including but not limited to child-parent psychotherapy, to ensure the highest levels of training and services to children and families.
(b) Within one year of the effective date of this paragraph, the department shall develop and begin implementation of a 5-year plan to build the state's workforce capacity to provide child-parent psychotherapy (CPP), an intervention model for children from birth to age 6, who have experienced at least one traumatic event and/or are experiencing mental health, attachment, and/or behavioral problems, including posttraumatic stress disorder.
141:411 Appropriation; Department of Health and Human Services; Adverse Childhood Experiences (ACEs) Prevention and Treatment Program.
I. The sum of $150,000 for the fiscal year ending June 30, 2026 is hereby appropriated to the department of health and human services to fund the adverse childhood experiences (ACEs) prevention and treatment program, and continue to expand and fund continued professional development for child-parent psychotherapy (CPP) services, as described in RSA 167:3-l, IV. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
II. The sum of $150,000 for the fiscal year ending June 30, 2027 is hereby appropriated to the department of health and human services to fund the ACEs prevention and treatment program, and continue to expand and fund continued professional development for CPP services, as described in RSA 167:3-l, IV.
141:412 New Hampshire Granite Advantage Health Care Program 1115 Demonstration; Renewed Application to CMS.
I. On or before January 1, 2026, the department of health and human services shall resubmit to the Center for Medicare and Medicaid Services (CMS) a Section 1115 demonstration waiver to the state Medicaid plan relative to enforcing community engagement and work requirements as a condition of Granite Advantage eligibility. Prior to submitting the Section 1115 waiver to CMS, the department shall submit the proposed waiver to the fiscal committee of the general court for approval.
II. Beginning November 1, 2025 and annually thereafter, the department shall provide a report regarding the status of the waiver application and implementation of the community engagement requirements in RSA 126-AA:2, III, to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, and the governor.
141:413 Effective Date. Section 412 of this act shall take effect upon its passage.
141:414 Appropriation; New Hampshire Department of Health and Human Services; Positions to Support Public Assistance Applications. The sum of $105,000 for the biennium ending June 30, 2027, is hereby appropriated to the department of health and human services for the purpose of establishing 2 positions to support the requirements of 2024, 358, relative to participation in the federal Summer EBT program and the elderly simplified application for SNAP. The department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The department shall work with the department of administrative services, division of personnel, to determine the appropriate classifications in accordance with the personnel classification system and applicable broad group specifications. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:415 Appropriation; Intermediate Care for Children with Intellectual and Developmental Disabilities. The sums of $70,105 for the fiscal year ending June 30, 2026 and $141,613 for the fiscal year ending June 30, 2027 are hereby appropriated to the department of health and human services, account 05-95-048-482010-2154, for the purpose of providing a 2 percent rate increase in fiscal year 2026 and an additional 2 percent rate increase in fiscal year 2027 to facilities providing intermediate care for children with intellectual and developmental disabilities. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. The department is authorized to accept and expend any federal funds for the purposes of this section without prior approval of the fiscal committee of the general court.
141:416 New Hampshire Veterans' Home; Transfer Between and Among Accounts and Classes. Notwithstanding the provisions of RSA 9:16-a, RSA 9:16-b, and RSA 9:16-c, for the biennium ending June 30, 2027, the commandant of the New Hampshire veterans' home is authorized to transfer funds between and among all accounting units and expenditure classes within the home and to create accounting units and expenditure classes as required and as the commandant deems necessary and appropriate to address present or projected budget deficits, or to respond to changes in federal law, regulations, or programs, and otherwise as necessary for the efficient management of the home, including funding unfunded positions, provided that if a transfer does not include new accounting units or expenditure classes, only such transfers of $100,000 or more shall require prior approval of the fiscal committee of the general court and the governor and council. The New Hampshire veterans' home shall remain subject to the transfer limitations in RSA 9:17-a and RSA 9:17-c.
141:417 Appropriation; Rural Maternal Health EMS Services. The sum of $75,000 for fiscal year ending June 30, 2026, and the sum of $75,000 for the fiscal year ending June 30, 2027, is hereby appropriated to the department of safety to support rural maternal health EMS services. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:418 Appropriation; Department of Health and Human Services; Supportive Housing Services. The commissioner of the department of health and human services shall submit a renewal of the state plan amendment as provided in Section 1915(i) of the Social Security Act or a waiver under other provisions of the Act to the Centers for Medicare and Medicaid Services to sustain a state Medicaid benefit for supportive housing services. The department of health and human services shall fully implement the new supportive housing Medicaid benefit and provide a report to the legislature on its implementation on November 1, 2025, and November 1, 2026.
141:419 Department of Health and Human Services; Appropriation; Funding for Community Residential Services for Individuals with Disabilities and Acquired Brain Disorders. There is hereby appropriated to the department of health and human services the sum of $10,000,000 for the biennium ending June 30, 2027 for the purpose of financing room and board for individuals with disabilities and acquired brain disorders who live in a staffed community residence within the state of New Hampshire. The department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:420 Committee Established.
I. There is established a committee to study long-term managed care and other relevant considerations related to long-term managed care.
II. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
III. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall:
(a) Solicit input regarding, and develop legislative proposals related to, the following:
(1) The integration of medicaid-funded long-term care services, including home and community based services waiver programs and nursing home benefits, into the department of health and human service's care management program, to be delivered by at least one managed care organization as defined in RSA 126-A:5, XIX(c)(3);
(2) Managed long-term care services and support programs run nationally;
(3) Waivers and nursing home benefits delivered through Medicaid managed care organizations, where managed care organizations are responsible for care coordination, service authorization, and payment administration for long-term support and services, as well as services supported under the choices for independence waiver under section 1902 (a)(30)(A) of the Social Security Act;
(4) Whether to include developmental disability waiver services into the Medicaid care management program;
(5) Ways in which the state and counties can obtain enhanced federal funding sources;
(6) Ways in which Medicaid eligibility can be streamlined to place priority on consumer choice and create a less restrictive environment;
(7) Ways in which nursing facility providers can be incentivized to accept Medicaid members with high acuity to reduce length of stay in hospitals;
(8) How managed care organizations collaborate with county governments, including delegating care coordination and service authorization functions;
(9) How to ensure nursing facilities are paid timely and utilize services consistent with the criteria established by the department of health and human services;
(10) How managed care organizations participate in discharge planning, transitional care, and other education programs for physicians, nurses, discharge planners and hospitals;
(11) How managed care organizations provide incentive payments to nursing facility providers, reward reductions in preventable acute care costs, and encourage transformative efforts in the delivery of nursing facility services, including efforts to promote transitions to community based settings and a resident-centered care culture through facility design and services provided;
(12) How a shared savings program with county governments and other nursing facility providers and active participants can ensure the delivery of quality services;
(13) How the department of health and human services can update its capitation payment plan to take into consideration payments to cover all managed long-term care support services;
(14) Issues relevant to ensure a seamless and effective transition to the integration of all long-term care services, including waiver services, to be managed through the care management program;
(15) The timeline and impact of a statewide program that aligns Medicare and Medicaid enrollment into a highly-integrated, special needs plan for all dually eligible Medicaid and Medicare beneficiaries;
(16) The benefits of dually eligible plans on meeting the needs of individuals who choose to remain in communities with appropriate services; and
(17) Other pertinent and relevant issues as deemed necessary by the committee.
(b) Solicit input from:
(1) The department of health and human services;
(2) County and private nursing home providers;
(3) Long-term service and support providers within the development and disability areas of state agencies;
(4) National Medicaid-managed care providers; and
(5) Other departments, groups, organizations, or individuals as deemed necessary by the committee.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before October 1, 2025.
141:421 Effective Date. Section 420 of this act shall take effect upon its passage.
141:422 Department of Health and Human Services; Processing of Medical Assistance Applications; Hiring Consultant; Appropriation.
I. The sum of $3,000,000 for the biennium ending June 30, 2027, is hereby appropriated to the department of health and human services for the purpose of hiring a contractor to provide staffing support to assist with eliminating the backlog in Medicaid long-term care eligibility determinations. The department shall begin a competitive bidding process on or before September 30, 2025, to hire a contractor to begin on or before December 31, 2025, subject to governor and executive council approval, for the purposes of this section. In addition to providing staffing support, the contractor shall develop a plan for the efficient processing of long-term care applications by or before June 30, 2026. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. The department may accept and expend additional federal funds without prior approval of the fiscal committee of the general court.
II. For the biennium ending June 30, 2027, the annual licensing fee set forth in RSA 151:5, IV for nursing homes shall be $85 per licensed bed and $60 of said fees collected by the department of health and human services during this period shall be deposited into the general fund of the state. The purpose of this is to partially offset the appropriation set forth in paragraph I in this section. The remaining $25 per licensed bed will continue to go into account 05-95-95-952010-5146.
141:423 Directive; Department of Health and Human Services. The department of health and human services shall report by January 1, 2026 on the status of the backlog in Medicaid long-term care eligibility determinations to the speaker of the house of representatives, the president of the senate, and the chairs of the senate health and human services committee and the house of representatives health, human services, and elderly affairs committee. The department shall provide an updated report every 6 months until the department reports that there is no further backlog.
141:424 Department of Health and Human Services; Division of Public Health Services; Public-Private Health Care Workforce Recruitment and Retention Hub; Infrastructure Contracts. The department of health and human services, division of public health services, rural health and primary care section shall amend its current contract with Bi-State Primary Care Association’s Recruitment Center to require the Recruitment Center to collaborate with a family medicine residency program in rural New Hampshire at a teaching health center program to support the training of family medicine residents in the north country. The teaching health center program shall be accredited or eligible for accreditation by a nationally recognized accreditation agency.
141:425 Appropriation; Bi-State Primary Care Association Sub-recipient Contract with a Rural Residency Training at a Teaching Health Center Program. The sum of $500,000 for the fiscal year ending June 30, 2027 is hereby appropriated to the department of health and human services, division of public health services, rural health and primary care section for the purposes set forth in section 424 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:426 Department of Health and Human Services; Appropriation; Tier-One Call Center. There is hereby appropriated to the department of health and human services the sum of $3,825,000 for the biennium ending June 30, 2027, for the purpose of financing a tier-one call center. The department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:427 New Subparagraphs; New Hampshire Employment Program and Family Assistance Program; Rulemaking. Amend RSA 167:83, II by inserting after subparagraph (r) the following new subparagraphs:
(s) Payments for child care providers. Such rules shall:
(1) Streamline data entry requirements for providers receiving child care scholarship payments by eliminating any requirement to report hourly attendance, to the extent that such reporting is not necessary for administering child care scholarship payments; and
(2) By December 2025, implement a system of prospective provider payments, through which child care providers shall receive scholarship program payments in advance of or at the beginning of each payment period. If a provider begins providing care to a child in the middle of a service period, the department may delay the first payment until the start of the next service period.
(t) Child care scholarship presumptive eligibility pilot program.
(1) The department shall develop and implement a presumptive eligibility pilot program, whereby applicants who meet threshold screening requirements established by the department will receive the benefit of child care scholarship funds while the application process is underway, from the date of the initial screening until the earliest of:
(A) 60 days after the initial screening;
(B) The date on which a final eligibility determination is made; or
(C) The expiration of a submission period, the length of which shall be identified by the department, if the applicant fails to submit the required information or documentation to establish eligibility during this period. The department shall provide both the applicant and the child care provider at least 10 days notice, and shall supply the applicant a list of the verification documents still required to determine eligibility, before terminating the presumptive eligibility period on this basis.
(2) Except in cases of fraud or intentional violation of program rules, no child care provider and no scholarship applicant shall be held responsible for the costs of care paid from scholarship funds during such period of presumptive eligibility, even if the child is ultimately determined ineligible for scholarship funds.
(3) The department shall establish criteria and parameters as needed to implement the program.
(4) The duration of this pilot program shall be 24 months, beginning January 1, 2026.
(5) The department may suspend this pilot program, with notice to providers and prospective applicants, if an active waitlist is maintained pursuant to N.H. Admin. Code section He-C 6910.11, and the department shall reinstate the pilot program if such a waitlist ends during the duration of the pilot program.
(6) On or before May 1, 2028, the department shall provide a detailed report of the presumptive eligibility pilot program to the house health and human services oversight committee and senate health and human services committee of the general court. The report shall include the following information:
(A) Information regarding family and provider interest and utilization of the program during the pilot period;
(B) Information regarding the costs and benefits of the program as implemented, and any suggestions for improvements;
(C) Funding levels necessary to sustain the program going forward; and
(D) Any other relevant information regarding the program.
(u) District office staff training. The department of health and human services shall develop and engage in training of all district office staff regarding changes to the child care scholarship program.
141:428 Department of Health and Human Services; Appropriation. There is hereby appropriated to the department of health and human services the sum of $100,000, for the biennium ending June 30, 2027, to provide payments for child care providers, the child care scholarship presumptive eligibility pilot program, and the child care scholarship application process study. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:429 Prospective Repeal. RSA 167:83, II(t), related to the child care scholarship presumptive eligibility pilot program, is repealed.
141:430 Effective Date. Section 429 of this act shall take effect May 2, 2028.
141:431 Department of Health and Human Services. Appropriation; Child Care Programs.
I. The sums of $7,500,000 for the fiscal year ending June 30, 2026 and $7,500,000 for the fiscal year ending June 30, 2027 are hereby appropriated from federal TANF reserve funds to the department of health and human services for the purpose of financing recruitment and retention bonus and benefit grants for New Hampshire child care employers. The appropriation is contingent upon the department seeking formal approval from the federal Department of Health and Human Services to use the funds for the purposes specified in this section. If necessary, and if a waiver process is available, the department of health and human services shall seek a waiver to use the funds for these purposes. The department shall make the initial request no later than August 1, 2025, and upon receiving a determination, shall notify the fiscal committee of the general court of the decision received.
II. Eligible child care programs shall be programs operating in New Hampshire with an active child care license or that are license-exempt and enrolled in the department of health and human services child care scholarship program. These programs shall include those who serve children from birth through age 12 and are also referred to as center-based, family-based, early childhood education, early learning, outside of school time, before and after school, and summer camp programs, as well as non-profit and privately-owned center-based and family-based child care programs.
III. The department shall develop and implement a grant application process for eligible programs, and may consider additional grant amounts for child care programs enrolled in or in preparation to enroll in the granite steps for quality in recognition of their extra effort and commitment to continuous quality improvement. Grant amounts shall be determined by the department after all applications have been received and approved.
IV. Grants received by the programs may be used in the following ways:
(a) Deposit into an eligible, tax-advantaged health savings account or flexible spending account;
(b) Mentor credentialing and support networks for mentors;
(c) Sign-on and/or retention incentives and/or wage increases;
(d) Professional costs such as training hours, CPR, or memberships in professional organizations;
(e) Child care tuition assistance;
(f) Credit towards the employee’s share of the cost of their health insurance plan;
(g) Paid time off equivalent;
(h) Child care tuition discount;
(i) Student loan repayment;
(j) Telemedicine coverage; or
(k) Payment towards a physical, first-aid certification, CPR certification, background check, or other credential required for the child care position.
V. If grant application requests exceed available funding, preference shall be given to eligible child care programs which are:
(a) Enrolled in New Hampshire's child care scholarship program; and
(b) Connected to the work of their related early childhood regional network, as determined by the department.
VI. The department of health and human services shall incorporate in its biennial appropriation request pursuant to RSA 9:4 an amount necessary to fully fund the child care workforce programs contained in this section.
141:432 New Section; Long-Term Care; Guardianship Contracted Services. Amend RSA 151-E by inserting after section 27 the following new section:
151-E:28 Guardianship Contracted Services.
I. When all other resources are exhausted, hospitals seeking to assist older adults or adults with a disability as defined in RSA 151-E:24 with discharge from a hospital setting to a less restrictive setting may seek to have a guardian or conservator appointed by the probate court, pursuant to RSA 464-A, for any older adult or adult with a disability who:
(a) Requires an alternative decision maker to assist with discharge;
(b) Is deemed incapacitated by a court of competent jurisdiction; and
(c) Cannot secure guardianship services through any other alternative.
II. The department shall contract with office of the public guardian to provide publicly funded guardianship slots for individuals in need of guardianship pursuant to paragraph I.
III. Hospitals seeking to assist adults with discharge shall apply to the department for access to the publicly funded guardianship slots.
IV. Availability of publicly funded guardianship slots shall be subject to the availability of funding.
141:433 Appropriation; Department of Health and Human Services. The sum of $550,000 for the biennium ending June 30, 2027 is hereby appropriated to the department of health and human services. Said appropriation shall be used by the department to fund services for individuals as set forth in RSA 151-E:28. In the event these funds are not fully expended for this population, the department shall have the authority to use said funds to fund services for individuals served under RSA 171-A, RSA 161-F:52, and RSA 135-C. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:434 Effective Date. Sections 432 and 433 of this act shall take effect September 30, 2025.
141:435 Directive; Department of Health and Human Services. For the fiscal year ending June 30, 2027, if the commissioner of the department of health and human services determines that there are insufficient funds in accounts 05-95-042-421010-2958, child and family services, and 05-95-092-921010-2053, system of care, to fund residential placements for youth, he or she may request, with prior authorization of the fiscal committee of the general court, that the governor and council authorize additional funding. The governor is authorized to draw a warrant from any money in the treasury not otherwise appropriated.
141:436 Legislative Offices and Proceedings; Office Space and Parking Facilities. Amend RSA 14:14-b to read as follows:
14:14-b Office Space and Parking Facilities.
Notwithstanding any other provision of law to the contrary the following shall be assigned for use by the speaker of the house and the president of the senate:
I. [The] Any legislative parking facilities, including but not limited to the legislative parking garage on Storrs Street, the legislative office building parking garage, the legislative parking garage at 33 Capitol Street, the legislative parking lot at 33 Green Street, and 7 spaces in the parking lot on the north side of the state library at 20 Park Street;
II. The legislative office building and Upham-Walker house; [and]
III. All rooms and other spaces of the state house with the exception of those areas under the use and control of the executive branch, including the governor's offices, the executive council chamber and offices, and the secretary of state's offices;
IV. All rooms and other spaces of the state house annex designated and assigned for use by the speaker of the house and the president of the senate, including but not limited to the west wing of the second floor; and
V. All rooms and other spaces on the western side of the first and second floor of the legislative offices at Granite Place located at 1 Granite Place South.
141:437 Youth Development Center Claims Administrator. Amend RSA 21-M:11-a, III to read as follows:
III. There is further established in the [judicial] executive branch a temporary full-time or part-time position known as the youth development center claims administrator, to be appointed by the [supreme court] governor with the consent of the executive council. A part-time administrator may maintain a private, unrelated mediation or legal practice apart from the duties as administrator notwithstanding any other provision of rule or law to the contrary. The [supreme court] governor, with the consent of the executive council, shall appoint an administrator agreed to by the attorney general and counsel for claimants. If the attorney general and counsel for claimants are unable to agree upon an administrator, the [supreme court] governor, with the consent of the executive council, shall select the administrator from the candidates submitted to the court by the attorney general and counsel for claimants, not later than 30 days following the court's receipt of the candidates. The attorney general and counsel for claimants shall each submit two candidates, not later than 30 days following the joint fiscal committee's approval of the claim process and guidelines as provided in paragraph IV. The administrator shall receive compensation at no more than the rate of salary of an active superior court justice and shall, if working full-time, receive the same benefits as other [non-judicial employees of the judicial] executive branch employees. If working part-time, the administrator shall receive compensation at no more than the equivalent per diem rate of an active superior court justice, provided that in any calendar year, the administrator shall not receive more in total compensation than that received by an active superior court justice. The [judicial] executive branch shall provide the administrator and any necessary support staff with office space. The salary, benefits, and expenses of the administrator, and any necessary support staff, shall be paid from the fund. The administrator shall report to the [chief justice of the supreme court or the chief justice's designee] governor or the governor’s designee for employment-related purposes, but the [supreme court] governor shall have no authority to review the administrator's decisions. At such time as the administrator's duties are concluded, or at such time as full-time service by the administrator is no longer needed to carry out the administrator's duties, the [supreme court] governor shall either eliminate the administrator's position or reduce it from a full-time to a part-time position as may be appropriate. The [supreme court] governor may remove the administrator [if, after a request for removal received from the attorney general or claimants' counsel, or upon the court's own motion, the court determines that good cause for removal exists] at any time, as the administrator serves at the pleasure of the governor. Once appointed, the administrator shall process claims as provided herein and may settle claims at such amounts as may be agreed upon between the AG designee and each claimant, or at amounts which are determined by the administrator, giving due consideration to the guidelines adopted by the joint fiscal committee as provided in paragraph IV.
141:438 Youth Development Center Claims Administration and Settlement Fund; Attorney's Fees; Periodic Payment. Amend RSA 21-M:11-a, XV to read as follows:
XV. The administrator may approve all fees and costs of attorneys who represent claimants in proceedings before the administrator. The administrator shall not approve any request of an attorney for fees or costs which are not reasonable. The administrator shall not approve an attorney's fee in excess of 33.33 percent of the amount of the award. All costs and attorney's fees paid to a claimant's attorney shall be paid from the amount awarded to the claimant. Whenever the administrator determines that a claim shall be paid in periodic payments pursuant to subparagraph XII(a), the administrator shall require that any attorney's fee approved under this paragraph be paid in equal installments and over the same number of years as the periodic payment schedule that is applicable to the amount awarded to the claimant. The administrator shall add an interest assessment of 5 percent of the remaining unpaid amount of the fee per annum for each year of repayment, which shall be compounded annually.
141:439 Youth Development Center Claims Administration and Settlement Fund; Time Period for Acceptance of Administrator's Decision. Amend RSA 21-M:11-a, IX(e) to read as follows:
(e) Except in extraordinary cases, the administrator shall declare the resolution process closed within 30 days of the resolution proceeding, during which the AG designee may file any written submission related to the claim. The administrator shall issue a written decision to the parties within 14 days of the conclusion of the resolution process. The administrator's decision regarding the claim shall be final and non-appealable, and the provisions of RSA 542:8, RSA 542:9, and RSA 542:10 shall not apply, provided, however, that either the claimant or the AG designee may request the administrator to reconsider a decision on grounds that it contains mathematical mistakes, miscalculations, or a scrivener's error. Such a request to reconsider a decision must be made within 10 days of the issuance of the administrator's decision. Upon the expiration of the reconsideration period, the AG designee and the claimant shall have 30 days to accept or decline the administrator’s decision regarding the claim. If the AG designee and claimant do not both affirmatively accept the administrator’s decision within 30 days after the expiration of the reconsideration period, then the claim shall be deemed withdrawn, and the claimant shall retain the right to pursue their claim in a judicial or other forum.
141:440 Youth Development Center Claims Administration and Settlement Fund; Reporting Requirements. Amend RSA 21-M:11-a, XVI to read as follows:
XVI. The administrator, in consultation with the attorney general, shall [quarterly] submit [a] an itemized report each month to the speaker of the house of representatives, the president of the senate, the joint fiscal committee and the governor providing information as to the number and nature of claims made and settled, the amounts requested and paid in settlement to date, the claim amounts pending, an estimate of the likely amounts which will be approved and paid, the administrative costs which have been paid, and an estimate of future administrative costs to be paid. The report shall be structured to protect the privacy and anonymity of the claimants. The attorney general shall also post the report on the department of justice's public website. The joint fiscal committee may require the administrator to submit additional reports, with such additional information that the committee may determine to be necessary, at the committee’s discretion, provided that such additional reports shall be structured to protect the privacy and anonymity of the claimants.
141:441 New Paragraph; Definition; Vested. Amend RSA 100-A:1 by inserting after paragraph XXXVII the following new paragraph:
XXXVIII. "Vested" means that a member is eligible for a benefit after 10 years of service. The calculations of earnable compensation under RSA 100-A:1, XVII, and average final compensation under RSA 100-A:1, XVIII, shall not be reduced after 10 years of service.
141:442 Earnable Compensation. Amend RSA 100-A:1, XVII to read as follows:
XVII. "Earnable compensation" shall mean:
(a) For group I members who have attained vested status prior to January 1, 2012, the full base rate of compensation paid, as determined by the employer, plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, annual attendance stipend or bonus, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers' compensation, and teacher development pay that is not part of the contracted annual salary. [Compensation for extra and special duty, as reported by the employer, shall be included but limited during the highest 3 years of creditable service as provided in paragraph XVIII.] However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1-1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees[,] and teachers[, permanent firemen, and permanent policemen] who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member's termination of employment from a retirement eligible position, with the limited exceptions of disability related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member's termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member's termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.
(b)(1) For group I members who have not attained vested status prior to January 1, 2012, the full base rate of compensation paid, as determined by the employer, plus compensation over base pay. Compensation over base pay shall include as applicable, subject to subparagraphs (2)[, (3), and (4),] and (3), any overtime pay, cost of living bonus, annual attendance stipend or bonus, annual longevity pay, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system[, compensation for extra and special duty,] and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except supplemental pay paid by the employer while the member is receiving workers' compensation and teacher development pay that is not part of the contracted annual salary.
(2) Compensation over base pay shall be limited during the highest 5 years of creditable service as provided in paragraph XVIII.
[(3) Earnable compensation shall not include compensation for extra and special duty for members who commence service on and after July 1, 2011.
(4)] (3) Earnable compensation shall not include incentives to encourage members to retire, severance pay or end-of-career additional longevity payments, and pay for unused sick or vacation time. Earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 11/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees[,] and teachers[, permanent firemen, and permanent policemen] who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member's termination of employment from a retirement eligible position.
(c) For group II members who attained vested status prior to January 1, 2012, the full base rate of compensation paid, as determined by the employer, plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, annual attendance stipend or bonus, additional pay for instructional activities, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers' compensation. Compensation for extra and special duty, as reported by the employer, shall be included but limited during the highest 3 years of creditable service as provided in paragraph XVIII. However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1-1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all permanent firemen and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member's termination of employment from a retirement-eligible position, with the limited exceptions of disability-related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member's termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member's termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.
(d)(1) For group II members who have not attained vested status prior to January 1, 2012, the full base rate of compensation paid, as determined by the employer, plus compensation over base pay. Compensation over base pay shall include as applicable, subject to subparagraphs (2), (3), and (4), any overtime pay, holiday and vacation pay, sick pay, cost of living bonus, annual attendance stipend or bonus, annual longevity pay, compensation for extra and special duty, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except supplemental pay paid by the employer while the member is receiving workers' compensation and teacher development pay that is not part of the contracted annual salary.
(2) Compensation over base pay shall be limited during the highest 5 years of creditable service as provided in paragraph XVIII.
(3) Earnable compensation shall not include compensation for extra and special duty for members who commence service on and after July 1, 2011.
(4) Earnable compensation shall not include incentives to encourage members to retire, severance pay, end-of-career additional longevity payments. Earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1 1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all permanent firemen and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member's termination of employment from a retirement-eligible position.
141:443 Average Final Compensation. RSA 100-A:1, XVIII is repealed and reenacted to read as follows:
XVIII. "Average final compensation" shall mean:
(a) For group I members who have attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years.
(b) For group II members who attained vested status prior to January 1, 2012, the average annual earnable compensation shall be calculated based on the member's highest 3 years of creditable service, or during all years of creditable service if less than 3 years. For this calculation, the average annual compensation for extra and special duty in the 3 years shall not exceed the average annual amount paid to the member for extra and special duty over the member's last 7 years of creditable service on or after July 1, 2009, as reported by the employer in accordance with RSA 100-A:16, VI, or over all the years of creditable service on or after July 1, 2009, if less than 7 years.
(c) For group I members who commenced service on or after July 1, 2011, or who have not attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 5 years of creditable service, or during all of the years in his or her creditable service if less than 5 years. For purposes of inclusion in this calculation, the average percentage of compensation paid in excess of the full base rate of compensation in the highest 5 years shall not exceed the average percentage of compensation paid in excess of the full base rate of compensation over all the member's years of service on or after January 1, 2012, but excluding the highest 5 years.
(d)(1) For group II members who commenced service prior to July 1, 2011, and who have not attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years. For purposes of inclusion in this calculation, the average percentage of compensation paid in excess of the full base rate of compensation in the highest 3 years shall not exceed the average percentage of compensation paid in excess of the full base rate of compensation over all the member's years of service on or after January 1, 2012, but excluding the highest 3 years.
(2) For group II members who commenced service on or after July 1, 2011, the average annual earnable compensation of a member during his or her highest 5 years of creditable service, or during all of the years in his or her creditable service if less than 5 years. For purposes of inclusion in this calculation, the average percentage of compensation paid in excess of the full base rate of compensation in the highest 5 years shall not exceed the average percentage of compensation paid in excess of the full base rate of compensation over all the member's years of service on or after January 1, 2012, but excluding the highest 5 years.
141:444 Normal Retirement Age Group II. Amend RSA 100-A:1, XXXVII(b)(3) to read as follows:
(3) For a group II member who commenced service prior to July 1, 2011, and who has not attained vested status prior to January 1, 2012, the later of the date that the member has both attained age 45 and completed 22 years of creditable service [as provided in the transition provisions in RSA 100-A:5, II(d)]; or
141:445 Service Retirement Benefits Group II. Amend RSA 100-A:5, II(a) to read as follows:
(a) Any group II member in service, who is in vested status before January 1, 2012, who has attained age 45 and completed 20 years of creditable service, and any group II member who commenced service on or after July 1, 2011, who has attained age 50 and completed 25 years of creditable service, and group II members who have not attained vested status prior to January 1, 2012 [as provided in the transition provisions in RSA 100-A:5, II(d)] who has attained age 45 and completed 22 years of creditable service, or any group II member in service who has attained age 60 regardless of the number of years of creditable service, may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time not less than 30 days nor more than 90 days subsequent to the filing thereof the member desires to be retired, notwithstanding that during such period of notification the member may have separated from service. Provided, however, that a group II member who commenced service on or after July 1, 2011, shall not receive a service retirement allowance until attaining the age of 52.5; but may receive a reduced allowance after age 50 if the member has at least 25 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 52.5 years of age, by 1/4 of one percent.
141:446 Service Retirement Benefits Group II. Amend RSA 100-A:5, II(b)(2) to read as follows:
(2) For members who are in vested status before January 1, 2012, a state annuity which, together with his or her member annuity, shall be equal to 2-1/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service not in excess of 40 years, or for members who commenced service on or after July 1, 2011, a state annuity which, together with his or her member annuity, shall be equal to 2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service not in excess of 42.5 years, and group II members who have not attained vested status prior to January 1, 2012, [shall be as provided in the transition provisions in RSA 100-A:5, II(d) with the maximum number of years of creditable service not in excess of the limits under RSA 100-A:6-a, but only for group II members in service who have attained age 60 regardless of the number of years of creditable service, or who work up to their full age and service requirements and retire under service retirement] a state annuity which, together with his or her member annuity, shall be equal to 2-1/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service not in excess of 40 years. [If a member retires prior to reaching full age and service requirements, then their annuity multiplier remains the same as their first 15 years of creditable service.]
141:447 Maximum Retirement Benefit Group II. Amend RSA 100-A:6-a to read as follows:
100-A:6-a Maximum Retirement Benefit.
(a) Notwithstanding any other provision of this chapter to the contrary, for members who commenced service before [July 1, 2009, or have attained vested status prior to January 1, 2012,] January 1, 1999, a member's initial calculation of the retirement benefit granted under the provisions of RSA 100-A:5 or RSA 100-A:6 shall not exceed 100 percent of the member's highest year of earnable compensation.
(b) For members who commenced service on or after [July 1, 2009, and have not attained vested status prior to January 1, 2012] January 1, 1999, and before July 1, 2011, a member's maximum retirement benefit granted under the provisions of RSA 100-A:5 or RSA 100-A:6 shall not exceed the lesser of [85] 100 percent of the member's average final compensation or [$120,000] $125,000.
(c) For members who commenced service on or after July 1, 2011, a member's maximum retirement benefit granted under the provisions of RSA 100-A:5 or RSA 100-A:6 shall not exceed the lesser of 85 percent of the member's average final compensation or $125,000.
(d) Nothing in this section shall affect the ability of a member to receive disability benefits, pursuant to RSA 100-A:6, II(b) and (c) or RSA 100-A:6, II(e) and (f). This provision shall not limit the application of supplemental allowances.
141:448 Retirement System Funding; Appropriation.
The sum of $30,000,000 for the biennium ending June 30, 2027, and $30,000,000 for each biennium thereafter through June 30, 2033 is hereby appropriated to the retirement system to fund the cost of benefits under this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
141:449 New Section; Re-retiring. Amend RSA 100-A by inserting after section 7-b the following new section:
100-A:7-c Re-retiring. Notwithstanding any other provisions of RSA 100-A to the contrary, any retiree who returns to active service shall only retain eligibility for the benefits applicable to their initial retirement and the calculation of average final compensation. The calculation of other benefits resulting from the return to active service under RSA 100-A shall not apply.
141:450 Repeal. RSA 100-A:5, II(d), relative to the retirement group II annuity multiplier table, is repealed.
141:451 Public Officers and Employees; Method of Financing; 2027 Change. Amend RSA 100-A:16, II(b) to read as follows:
(b) The contributions of each employer for benefits under the retirement system on account of group II members shall consist of a percentage of the earnable compensation of its members to be known as the "normal contribution," and an additional amount to be known as the "accrued liability contribution;" provided that beginning with state fiscal year [2013] 2028 and for each state fiscal year thereafter, the state shall pay the normal contribution attributable to the sections provided in HB 2 of the 2025 regular legislative session, and any employer [shall pay the full amount of such total contributions] other than the state, shall pay the remaining percentage, thereof. The rate percent of such normal contribution, including contributions on behalf of group II members whose group II creditable service is in excess of 40 years, in each instance shall be fixed on the basis of the liabilities of the system with respect to the particular members of the various member classifications as shown by actuarial valuations, except as provided in subparagraph (i). The board of trustees of the retirement system shall certify the amount required for each such state payment and each biennium thereafter, and the total amount of the state grants, to the treasurer. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:452 Effective Date. Section 451 of this act shall take effect July 1, 2027.
141:453 Appropriation; Department of Education. There is hereby appropriated to the department of education the sum of $460,000, for the fiscal year ending June 30, 2026, for facility related expenditures, including but not limited to repairs, improvements, maintenance, technology, safety, security, and facility improvements. The funds shall not lapse until June 30, 2027. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
141:454 Department of Health and Human Services; Summer EBT. For the fiscal year ending June 30, 2026, the department of health and human services is authorized to accept and expend federal funds for the purposes of administering payments for the 2025 summer EBT program, in accordance with RSA 161:2, without prior approval of the fiscal committee of the general court.
141:455 New Paragraph; Cell Phone Use Policy. Amend RSA 189:1-a by inserting after paragraph IV the following new paragraph:
V. School boards and the board of trustees of chartered public schools shall develop and adopt a policy governing the use of student cell phones and other personal electronic communication devices in schools. Such policy shall prohibit all personal communication device use by students from when the first bell rings to start instructional time until the dismissal bell rings to end the academic school day, with approved exceptions determined by the superintendent or their designee with respect to student medical, disability, or language proficiency need. Such policy shall be developed in collaboration with school parents and teachers and shall be reviewed annually. School district and chartered public school policies shall not prohibit students with medical needs, such as insulin pumps and glucose sensors, or disabilities from using a device to support their learning as identified by their individualized education program (IEP), plan developed under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, or when required to support emergent multilingual students with appropriate language access programs and services pursuant to Title VI of the Civil Rights Act of 1964.
141:456 Communicable Disease; Immunization. Amend RSA 141-C:20-a, I to read as follows:
I. All parents or legal guardians shall have their children, who are residing in this state, immunized against [certain diseases. These diseases shall include, but not be limited to,] diphtheria, mumps, pertussis, poliomyelitis, rubella, rubeola, [and] tetanus, varicella, Hepatitis B, and Haemophilus influenzae type B (Hib). [The commissioner shall adopt rules under RSA 541-A relative to other diseases which require immunization.]
141:457 Repeal. RSA 141-C:6, XIII, relative to rulemaking for other communicable diseases under RSA 141-C:20-a, I.
141:458 Department of Health and Human Services; Coos County Family Health Services; Appropriation. In addition to any other sums appropriated, the sum of $75,000 for the fiscal year ending June 30, 2026, and the sum of $75,000 for the fiscal year ending June 30, 2027, are appropriated to the department of health and human services for the purpose of funding services provided by Coos County Family Health Services. The governor is authorized to draw a warrant for said sums from any money in the treasury not otherwise appropriated.
141:459 Residential Care and Health Facility Licensing; License or Registration Required. Amend RSA 151:4-a, II(a) to read as follows:
II.(a) Any person or entity proposing to establish [an ambulatory surgical center, emergency medical care center,] a hospital[, birthing center, drop-in or walk-in care center, dialysis center, or special health care service] within a radius of 15 miles of the primary physical location of a New Hampshire hospital certified as a critical access hospital pursuant to 42 C.F.R 485.610(b) and (c), shall give written notice of the intent to establish a health care facility within a 15 mile radius with a description of the facility [or special health care service] to the chief executive officer of the hospital by certified mail.
141:460 Effective Date. Section 459 of this act shall take effect 60 days after its passage.
141:461 Effective Date. Unless otherwise specified, the remainder of this act shall take effect July 1, 2025.
Approved: June 27, 2025
Effective Date:
Unless otherwise specified, the remainder of this act shall take effect July 1, 2025
| Date | Amendment |
|---|---|
| April 3, 2025 | 2025-1488h |
| April 7, 2025 | 2025-1513h |
| April 7, 2025 | 2025-1499h |
| April 7, 2025 | 2025-1512h |
| April 7, 2025 | 2025-1517h |
| April 7, 2025 | 2025-1516h |
| April 8, 2025 | 2025-1523h |
| April 8, 2025 | 2025-1526h |
| April 8, 2025 | 2025-1503h |
| April 8, 2025 | 2025-1527h |
| April 8, 2025 | 2025-1529h |
| April 8, 2025 | 2025-1501h |
| April 8, 2025 | 2025-1509h |
| April 8, 2025 | 2025-1546h |
| April 8, 2025 | 2025-1543h |
| April 8, 2025 | 2025-1524h |
| April 9, 2025 | 2025-1549h |
| April 9, 2025 | 2025-1525h |
| April 9, 2025 | 2025-1545h |
| April 9, 2025 | 2025-1555h |
| April 9, 2025 | 2025-1553h |
| April 9, 2025 | 2025-1551h |
| April 9, 2025 | 2025-1562h |
| April 9, 2025 | 2025-1560h |
| April 9, 2025 | 2025-1561h |
| April 9, 2025 | 2025-1559h |
| April 9, 2025 | 2025-1564h |
| April 9, 2025 | 2025-1566h |
| April 9, 2025 | 2025-1550h |
| April 9, 2025 | 2025-1569h |
| April 9, 2025 | 2025-1567h |
| June 3, 2025 | 2025-2637s |
| June 4, 2025 | 2025-2653s |
| June 5, 2025 | 2025-2704s |
| June 5, 2025 | 2025-2706s |
| June 6, 2025 | 2025-2647s |
| June 6, 2025 | 2025-2660s |
| June 6, 2025 | 2025-2679s |
| June 6, 2025 | 2025-2664s |
| June 6, 2025 | 2025-2683s |
| June 6, 2025 | 2025-2662s |
| June 6, 2025 | 2025-2671s |
| June 6, 2025 | 2025-2648s |
| June 6, 2025 | 2025-2672s |
| June 6, 2025 | 2025-2669s |
| June 6, 2025 | 2025-2614s |
| June 6, 2025 | 2025-2675s |
| June 6, 2025 | 2025-2703s |
| June 6, 2025 | 2025-2670s |
| June 6, 2025 | 2025-2697s |
| June 6, 2025 | 2025-2705s |
| June 9, 2025 | 2025-2714s |
| June 19, 2025 | 2025-2871CofC |
| June 27, 2025 | 2025-2900EBA |
| Date | Body | Type |
|---|---|---|
| March 12, 2025 | House | Hearing |
| March 31, 2025 | House | Exec Session |
| April 3, 2025 | House | Exec Session |
| April 3, 2025 | House | Floor Vote |
| May 6, 2025 | Senate | Hearing |
| June 5, 2025 | Senate | Floor Vote |
| June 5, 2025 | Senate | Floor Vote |
| June 26, 2025 | Senate | Floor Vote |
| June 26, 2025 | Senate | Floor Vote |
| June 26, 2025 | House | Floor Vote |
June 30, 2025: Signed by Governor Ayotte 06/27/2025; Chapter 141; 7/01/2025
June 27, 2025: Enrolled Adopted, VV, (In recess 06/26/2025); SJ 17
June 27, 2025: Enrolled (in recess of) 06/26/2025 HJ 18
June 27, 2025: Enrolled Bill Amendment # 2025-2900e Adopted, VV, (In recess of 06/26/2025); SJ 17
June 27, 2025: Enrolled Bill Amendment # 2025-2900e: AA VV (in recess of) 06/26/2025 HJ 18
June 26, 2025: Conference Committee Report 2025-2871c: Adopted, RC 184-183 06/26/2025 HJ 18
June 26, 2025: Rep. Sweeney moves Previous Question MA RC 193-173 06/26/2025 HJ 18
June 26, 2025: Remove from Table (Rep. Osborne): MA RC 185-180 06/26/2025 HJ 18
June 26, 2025: Lay HB2 on Table (Rep. Osborne): MA VV 06/26/2025 HJ 18
June 26, 2025: Conference Committee Report # 2025-2871c; RC 16Y-8N, Adopted; 06/26/2025; SJ 17
June 19, 2025: Conference Committee Report Filed, # 2025-2871c; 06/26/2025
June 19, 2025: Conferee Change: Rep. Edwards Replaces Rep.Wallner 06/19/2025
June 16, 2025: Conferee Change: Rep. Edwards Replaces Rep. Mooney 06/16/2025 HJ 17
June 19, 2025: Conference Committee Meeting: 06/19/2025 10:00 am LOB 210-211
June 18, 2025: Conferee Change; Senator Birdsell Replaces Senator Rosenwald; SJ 17
June 18, 2025: Conference Committee Meeting: 06/18/2025 10:00 am LOB 210-211
June 17, 2025: Conference Committee Meeting: 06/17/2025 10:00 am LOB 210-211
June 17, 2025: Conference Committee Meeting: 06/17/2025 10:00 am LOB 210-211
June 16, 2025: Conferee Change: Rep. Edwards Replaces Rep. Mooney 06/16/2025 HJ 17
June 19, 2025: Conferee Change: Rep. Edwards Replaces Rep.Mooney 06/13/2025 HJ 17
June 16, 2025: Conferee Change: Rep. Edwards Replaces Mooney 06/13/2025 HJ 17
June 16, 2025: Conference Committee Meeting: 06/16/2025 10:00 am LOB 210-211
June 13, 2025: President Appoints Alternates: Senators Reardon; (In Recess 06/12/2025); SJ 17
June 12, 2025: President Appoints Alternates: Senators Lang; (In Recess 06/12/2025); SJ 17
June 13, 2025: Conference Committee Meeting: 06/13/2025 10:00 am LOB 210-211
June 12, 2025: Conferee Change: Rep. Mooney Replaces Rep. Edwards 06/12/2025 HJ 16
June 12, 2025: Conference Committee Meeting: 06/12/2025 02:00 pm LOB 210-211
June 9, 2025: President Appoints Alternates: Senators Birdsell; (In Recess 06/05/2025); SJ 16
June 9, 2025: President Appoints: Senators Carson, Gray, Rosenwald; (In Recess 06/05/2025); SJ 16
June 9, 2025: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; (In recess 06/05/2025); SJ 16
June 9, 2025: Speaker Appoints Alternates: Reps. Erf, Layon, Edwards, Osborne, Janigian 06/05/2025 HJ 16
June 9, 2025: Speaker Appoints: Reps. Weyler, D. McGuire, Sweeney, Cambrils, Wallner 06/05/2025 HJ 16
June 9, 2025: House Non-Concurs with Senate Amendment 2025-2637s 2025-2670s 2025-2697s and 2025-2705s and Requests CofC (Rep. Osborne): MA VV 06/05/2025 HJ 16
June 5, 2025: Ought to Pass with Amendments #2025-2637s, and #2025-2670s #2025-2697s #2025-2705s, RC 14Y-10N, MA; OT3rdg; 06/05/2025; SJ 15
June 5, 2025: Sen. Rosenwald Floor Amendment # 2025-2703s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Altschiller Floor Amendment # 2025-2675s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Long Floor Amendment # 2025-2714s, RC 9Y-15N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Long Floor Amendment # 2025-2669s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Prentiss Floor Amendment # 2025-2672s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Rosenwald Floor Amendment # 2025-2648s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Rosenwald Floor Amendment # 2025-2671s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Fenton Floor Amendment # 2025-2662s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Reardon Floor Amendment # 2025-2683s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Perkins Kwoka Floor Amendment # 2025-2664s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Prentiss Floor Amendment # 2025-2679s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Rosenwald Floor Amendment # 2025-2660s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. McGough Floor Amendment # 2025-2705s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Rosenwald Floor Amendment # 2025-2660s, RC 8Y-16N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Rochefort Floor Amendment # 2025-2647s, RC 9Y-15N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. McGough Floor Amendment # 2025-2705s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Gray Floor Amendment # 2025-2697s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Birdsell Floor Amendment # 2025-2670s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Rochefort Floor Amendment # 2025-2647s, RC 9Y-15N, AF; 06/05/2025; SJ 15
June 5, 2025: Sen. Gray Floor Amendment # 2025-2697s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Committee Amendment # 2025-2637s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Birdsell Floor Amendment # 2025-2670s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Shall the decision of the Chair stand? RC 8Y-16N decision of the Chair overturned, 06/05/2025; SJ 15
June 5, 2025: Sen. Birdsell Objected that the Question is Divisible; 06/05/2025; SJ 15
June 5, 2025: Committee Amendment # 2025-2637s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: The Chair ruled the Question Divisible; 06/05/2025; SJ 15
June 5, 2025: Sen. Birdsell Objected that the Question is Divisible; 06/05/2025; SJ 15
June 5, 2025: Special Order to beginning of the regular calendar, Without Objection, MA; 06/05/2025; SJ 15
June 5, 2025: The Chair ruled the Question Divisible; 06/05/2025; SJ 15
June 3, 2025: Committee Report: Ought to Pass with Amendment # 2025-2637s, 06/05/2025, Vote 6-2; SC 24A
April 24, 2025: Hearing: 05/06/2025, Room Reps Hall, SH, 01:00 pm; SC 19
April 14, 2025: Introduced 03/27/2025 and Referred to Finance; SJ 10
April 11, 2025: Without Objection the clerk is authorized to make technical and administrative corrections which are necessary to reflect the intent of the House MA; 04/10/2025 HJ 12 P. 135
April 10, 2025: Ought to Pass with Amendment 2025-1488h 2025-1529h 2025-1559h 2025-1526h 2025-1560h 2025-1499h 2025-1523h 2025-1569h 2025-1566h and 2025-1513h: MA RC 185-175 04/10/2025 HJ 12 P. 133
April 10, 2025: Amendment # 2025-1549h: AF RC 161-203 04/10/2025 HJ 12 P. 131
April 10, 2025: Amendment # 2025-1567h: AF RC 165-198 04/10/2025 HJ 12 P. 125
April 10, 2025: Amendment # 2025-1550h: AF RC 169-195 04/10/2025 HJ 12 P. 123
April 10, 2025: Amendment # 2025-1516h: AF RC 116-248 04/10/2025 HJ 12 P. 121
April 10, 2025: Amendment # 2025-1513h: AA RC 183-181 04/10/2025 HJ 12 P. 118
April 10, 2025: Amendment # 2025-1546h: AF RC 159-205 04/10/2025 HJ 12 P. 116
April 10, 2025: Amendment # 2025-1517h: AF RC 173-191 04/10/2025 HJ 12 P. 114
April 10, 2025: Amendment # 2025-1545h: AF RC 166-198 04/10/2025 HJ 12 P. 112
April 10, 2025: Amendment # 2025-1525h: AF RC 166-198 04/10/2025 HJ 12 P. 109
April 10, 2025: Previous Question Rep. Sweeney MA RC 193-171 HJ 12 P. 107
April 10, 2025: Remove from Table (Rep. Granger): MA RC 193-170 04/10/2025 HJ 12 P. 105
April 10, 2025: Lay HB2 on Table (Rep. Granger): MA DV 198-167 04/10/2025 HJ 12 P. 105
April 10, 2025: Amendment # 2025-1566h: AA RC 183-177 04/10/2025 HJ 12 P. 103
April 10, 2025: Amendment # 2025-1553h: AF RC 177-185 04/10/2025 HJ 12 P. 100
April 10, 2025: Amendment # 2025-1561h: AF RC 181-182 04/10/2025 HJ 12 P. 97
April 10, 2025: Amendment # 2025-1569h: AA RC 183-180 04/10/2025 HJ 12 P. 94
April 10, 2025: Amendment # 2025-1523h: AA RC 198-169 04/10/2025 HJ 12 P. 92
April 10, 2025: Amendment # 2025-1503h: AF RC 177-190 04/10/2025 HJ 12 P. 89
April 10, 2025: Amendment # 2025-1501h: AF RC 174-196 04/10/2025 HJ 12 P. 87
April 10, 2025: Amendment # 2025-1499h: AA RC 206-165 04/10/2025 HJ 12 P. 85
April 10, 2025: Amendment # 2025-1512h: AF DV 28-341 04/10/2025 HJ 12 P. 84
April 10, 2025: Amendment # 2025-1543h: AF RC 166-204 04/10/2025 HJ 12 P. 73
April 10, 2025: Amendment # 2025-1555h: AF RC 104-268 04/10/2025 HJ 12 P. 71
April 10, 2025: Amendment # 2025-1560h: AA RC 203-167 04/10/2025 HJ 12 P. 67
April 10, 2025: Amendment # 2025-1526h: AA RC 195-175 04/10/2025 HJ 12 P. 65
April 10, 2025: Amendment # 2025-1559h: AA VV 04/10/2025 HJ 12 P. 63
April 10, 2025: Amendment # 2025-1529h: AA RC 203-169 04/10/2025 HJ 12 P. 58
April 10, 2025: Amendment # 2025-1488h: AA RC 200-175 04/10/2025 HJ 12 P. 56
April 3, 2025: Minority Committee Report: Inexpedient to Legislate
April 3, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-1488h 04/03/2025 (Vote 14-11; RC) HC 19 P. 19
March 26, 2025: ==CONTINUED== Executive Session: 04/03/2025 01:00 pm LOB 210-211
March 25, 2025: ==RECESSED== Executive Session: 03/31/2025 10:00 am LOB 210-211
March 5, 2025: Public Hearing: 03/12/2025 02:00 pm SH Reps Hall
March 3, 2025: Introduced (in recess of) 02/20/2025 and referred to Finance HJ 6 P. 53