Revision: Feb. 3, 2025, 3:11 p.m.
SB 201-FN - AS INTRODUCED
2025 SESSION
25-1086
06/08
SENATE BILL 201-FN
AN ACT relative to classified and unclassified positions.
SPONSORS: Sen. Innis, Dist 7
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill authorizes the conversion of certain state positions to classified exempt salary positions, expands the rulemaking authority of the commissioner of the department of administrative services, amends the premium payment structure for state health care coverage, and allows temporary salary classifications for newly authorized unclassified positions.
This bill is a request by the department of administrative services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1086
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to classified and unclassified positions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Conversion to Classified Exempt Salary Positions. Amend RSA 99 by inserting after section 9 the following new section:
99:9-a Conversion to Classified Exempt Salary Positions.
I. The department of administrative services, through its division of personnel, is authorized to convert unclassified positions or qualifying classified positions to classified exempt salary positions.
(a) This conversion applies to positions that meet the requirements of the Fair Labor Standards Act (FLSA) and the definition of exempt salary under the personnel rules.
(b) All conversions shall be voluntary for the employees or occur when an employee leaves and the position is not filled.
(c) The converted position shall be placed at the nearest pay rate and step equivalent to their previous unclassified position to ensure employees do not experience a reduction in pay.
II. The appointing authority at each executive department and executive agency may request that the director of personnel convert any unclassified position that serves at the pleasure of that appointing authority or any qualifying classified position to an exempt salary position in the classified system.
(a) Upon receipt of a request under paragraph II, the director of personnel shall convert an unclassified position to an exempt salary position, if it meets FLSA requirements and the definition of exempt salary.
(b) Any unclassified position converted to an exempt salary position under paragraph II shall be placed in the appropriate standard occupational classification group based on its duties and responsibilities.
(c) Any incumbent in a converted position shall be placed at the step with a pay rate closest to the pay rate of the step they were at in the unclassified position, ensuring no reduction in pay.
2 Expansion of Rulemaking Authority. Amend RSA 21-I:14, XVIII(c) through (d) to read as follows:
(c) Transfers between positions within the executive branch and across branches of state government; [and]
(d) Termination and payouts upon termination of employment[.];
(e) Unpaid medical leave; and
(f) Employee discipline.
3 Medical and Surgical Benefits. RSA 21-I:30, I is repealed and reenacted to read as follows:
I. The state shall pay a partial premium for health care coverage for its employees and eligible family members, reflecting the premium contributions paid by employees as per collective bargaining agreements.
4 New Paragraphs; Salaries Established. Amend RSA 94:1-a by inserting after paragraph V the following new paragraph:
VI. The commissioner of the department of administrative services is authorized to establish a temporary salary grade and step for an employee in a newly legislatively authorized unclassified position. This temporary classification remains in effect until the final position classification ranking by the state's contractor is determined and approved by the joint committee on employment compensation (JCEC).
5 Effective Date. This act shall take effect 60 days after its passage.
25-1086
Revised 2/3/25
SB 201-FN FISCAL NOTE
AS INTRODUCED
AN ACT relative to classified and unclassified positions.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county and local expenditures or revenue.
AGENCIES CONTACTED:
Department of Administrative Services