Revision: April 8, 2025, 5:09 p.m.
Rep. Wallner, Merr. 19
April 7, 2025
2025-1524h
08/05
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by replacing sections 17 and 18 with the following:
17 Education Trust Fund; Appropriation Reduction. The education trust fund appropriations to the department of education, in account 06-56-56-560040-4076, class line 73, for cell phone free education grants, shall be reduced by $1,000,000 for the fiscal year ending June 30, 2026.
Amend the bill by replacing sections 21 and 22 with the following:
21 Education Trust Fund; Appropriation Reduction. The education trust fund appropriations to the department of education, in account 06-56-56-560040-3446, class line 102, for education freedom accounts, shall be reduced by $14,613,400 for the fiscal year ending June 30, 2027. The department shall report to the fiscal committees of the general court on such reductions.
Amend the bill by deleting section 107, relative to Medicaid pharmacy copays.
Amend the bill by deleting section 109, relative to New Hampshire granite advantage health care program premiums.
Amend the bill by deleting section 110, relative to Medicaid premiums.
Amend the bill by replacing all after section 203 with the following:
204 Department of Health and Human Services; Appropriation. In addition to any other sums appropriated, there is hereby appropriated to the department of health and human services the sums of $3,300,000 for the fiscal year ending June 30, 2026 and $11,000,000 for the fiscal year ending June 30, 2027 for the purpose of fully funding the children’s health insurance program, budgeted in accounting unit 05-95-47-470010-7051, without the need for recipient cost sharing. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
205 Department of Health and Human Services; Appropriation. In addition to any other sums appropriated, there is hereby appropriated to the department of health and human services the sums of $750,000 for the fiscal year ending June 30, 2026 and $750,000 for the fiscal year ending June 30, 2027 for the purpose of fully funding the Medicaid managed care program, budgeted in accounting unit 05-95-47-470010-7948, without the need for increased pharmacy copays. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
206 Sale of the Sununu Youth Services Center. 2023, 2:4 is repealed and reenacted to read as follows: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 on the conditions that:
(a) As part of the purchase and sale agreement and again upon closing and transfer of ownership, the purchaser shall lease the property to the state for $1 for a period of time until all residents of the center have been permanently transferred to another facility or placement; and
(b) For the entirety of the lease, the state shall continue to assume all responsibilities commensurate with maintenance and use of the property as intended, per current law, and the department of health and human services shall continue to oversee and administer all existing obligations and responsibilities with regard to residents and personnel at the property.
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.
207 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.
208 Effective Date. Unless otherwise specified, the remainder of this act shall take effect July 1, 2025.
2025-1524h
AMENDED ANALYSIS
This bill:
1. Makes various changes to the standards and the administration of bail.
2. Adds new definitions to the endangered species conservation act.
3. 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.
4. 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.
5. 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.
6. Requires the department of environmental services to adopt rules regarding when mitigation payments to the threatened and endangered species compensatory mitigation fund are required.
7. Modifies the definition of “environmental review” as it relates to native plant protection.
8. 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.
9. Requires the department of environmental services to adopt rules to establish a process for requesting a screening and environmental review process.
10. 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.
11. 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.
12. Defines “boathouse” and “structural height” in the context of fill and dredge in wetlands statutes.
13. Increases the fees associated with applications for existing dock structures and shoreline structure and minimum impact dredge and fill projects.
14. Prevents the New Hampshire Rivers Council from filing written notice with the department of environmental services for the purpose of investigating excavation or dredging permits.
15. Prevents the department of environmental services from issuing 40-day extension periods on excavation or dredging permit applications.
16. Raising the fees associated with shoreline terrain alteration applications and raising fees annually to coincide with inflation.
17. Requires the department of environmental services to adopt rules establishing a permit by notification process for certain shoreline terrain alteration projects, with certain exceptions.
18. Establishes structural requirements for existing and new boathouses located over public waters and penalties for violation thereof.
19. Makes an appropriation to the department of education for cell phone free education grants.
20. Establishes the solid waste facility site evaluation committee, requires major solid waste disposal facilities to be certified by the solid waste facility site evaluation committee, and temporarily suspends the issuance of solid waste permits by the department of environmental services.
21. Reducing the appropriation to the department of education for education freedom accounts.
22. Clarifies the dates on which all OHRV trails on the Connecticut Lakes headwaters working forest property are open for use.
23. 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.”
24. Renames the state lottery commission to the state lottery and gaming commission.
25. Authorizes the use and licensing of video lottery terminal facilities.
26. Makes an appropriation from the opioid abatement trust fund for "Northern Shield", a law enforcement program to prevent drug trafficking in the northern part of the state.
27. Revises certain staffing and office requirements for the board of tax and land appeals.
28. Extends an appropriation to the housing champion designation and grant program fund.
29. Establishes the division of planning and community development in the department of business and economic affairs.
30. 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.
31. Establishes 3-year terms for members of the state commission on aging.
32. Establishes credit limits for courses through the dual and concurrent enrollment program.
33. Provides budget transfer authority to the department of corrections.
34. Extends the prospective repeal certain eligibility criteria for mental health services.
35. Suspends graduate medical eligibility payments for the biennium.
36. 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.
37. Authorizes the department of health and human services to accept additional federal funds, with fiscal committee approval, for the Medicaid to schools program if necessary.
38. Extends a prior appropriation to the WIC Farmers' Market Nutrition Program.
39. Permits the department of health and human services to accept gifts for the benefit of certain residential placements operated by the department.
40. Establishes certain unclassified positions within the department of health and human services.
41. Suspends congregate housing services for the biennium.
42. Revises criteria for pharmacists filling name brand and generic drug prescriptions under the Medicaid program.
43. Extends a prior appropriation for the pilot program for young adults with developmental disabilities.
50. Extends the effective date for expanded access to court-appointed counsel for children in dependency proceedings.
51. 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.
52. Directs the department of health and human services to restore income verification for Medicaid redetermination to pre-public health emergency income verification standards.
53. Authorizes an additional appropriation to department of health and human services if such funds are required to prevent a waitlist for child care scholarships.
54. Amends the title of certain positions in the department of information technology.
55. Revises the organizational structure of the bureaus within the department of justice, division of legal counsel.
56. Expands the types of purposes for which education trust funds may be used.
57. Clarifies the means of calculating average daily membership in attendance for the Virtual Learning Academy Charter School.
58. Authorizes the state board of education to modify determinations of education adequacy grant amounts.
59. Clarifies that certain records held by the executive branch are confidential.
60. Changes the process through which counsel for indigent defendants may apply for reimbursement for services necessary to an adequate defense.
61. Makes changes to the wage claim settlement account fund.
62. Updates the composition and confidentiality of records of the workers compensation appeals board.
63. Changes the process for awarding of elevator inspection certificates.
64. Expands the authority of the labor commissioner to impose civil penalties.
65. Authorizes appeals of certain decisions by the labor commissioner.
66. Directs the proceeds of the sale of the former Laconia state school campus property to be applied to subsequent land, building, and improvements at 1 Granite Place.
67. Establishes the wage claim settlement fund.
68. Changes the number of members on the workers’ compensation appeals board and makes changes in the proceedings.
69. Implements a fee for unit owners to obtain a certificate of successful inspection of an elevator or accessibility lift.
70. 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.
71. Allows for a hearing where the commissioner of labor denies reimbursement for payment for second injuries under the workers compensation law.
72. Allows an employer or employer’s insurance carrier to petition for a hearing after denial of reimbursement for payment of additional compensation under the workers compensation law.
73. Provides that the funds in accounting unit 1051 shall not lapse until June 30, 2027.
74. 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.
75 Allows the department of safety to disseminate driver history records to federal entities or their authorized agents in certain circumstances.
76. Brings the state radio communications systems within the oversight of the director of the division of emergency services.
77. Designates the hazardous materials incident response coordinator as group II retirement-eligible during full-time service.
78. Explains the purpose for use of property licensed wheelchair vans.
79. Appropriates funds for continued operation of the Cannon Mountain tramway.
80. Repeals the Benjamin Thompson trust fund.
81. Prevents the lapse of two revolving fund class lines in the operating budget.
82. Suspends revenue sharing with cities and towns under RSA 31-A for the biennium ending June 30, 2027.
83. Repeals certain wastewater state aid grants.
84. Further specifies information required for well monitoring reports.
85. Eliminates certain fees for the construction of sewerage systems.
86. Repeals the aquatic invasive species decal.
87. Repeals a fee system in recognition of services provided by the water supply engineering bureau including the issuance of an operational permit for public water systems.
88. Allows 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 and Horn Pond Dam for the consideration of $1.
89. Expands the type of educational degree a person may have to serve as a division director for the department of environmental services.
90. Varies the types of experience in public health members of the air resources council may have.
91. Reconfigures some criteria to serve on the waste management council.
92. Reconfigures some criteria to serve on the wetlands council.
93. Increases dam registration fees and sewage disposal fees and ties future increases to the Consumer Price Index.
94. Allows all such moneys in excess of $10,000 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.
95. 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.
96. 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.
97. Allows the commissioner of the department of administrative services to waive certain requirements when they determine the requirement conflicts with or is contrary to state objectives.
98 Expands the timeframe for the submission of certain reports by the capital project overview committee.
99. Provides for the continual and non-lapsing surplus distribution section administrative assessments fund.
100. 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.
101. Requires for the biennium, in certain circumstances, the lottery commission to apply to the legislative fiscal committee before applying to the governor and executive council for certain funds.
102. Increases the maximum ticket price for lottery drawings.
103. Delineates the criteria for distribution and transfers of certain tax revenues and other fund proceeds.
104. Transfers authority for the appointment of certain inspectors from the office of professional licensure and certification to the department of safety and/or the state fire marshal.
105. Adds a definition of "shop" to include barbershops, mobile barbershops, salons, and any other business location for barbering, cosmetology, or esthetics, in New Hampshire, and makes various changes regarding the regulation of such shops as well as barbering, cosmetology, and esthetics schools.
106. Makes an appropriation to the department of health and human services to fully fund the children’s health insurance program.
107. Makes an appropriation to the department of health and human services to fully fund the Medicaid managed care program.
108. Requires the sale of the Sununu youth services center.
109. Approves the settlement agreement in Michael Gilpatrick v. N.H. D.H.H.S, et al.