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2007 Legislative Session Summary Click on underlined links to see complete text of bills. Funding for Wage Increases HB1 and HB2 are where the wage increases agreed to in the new contract were funded by the legislature. Retirees & Future Retirees HB653 Grants Cost of Living Increases (COLAs) to state employee retirees and their beneficiaries at 2 ¼% per year effective July 2007. HB2 established an employee and retiree benefit risk management fund which will handle funds to accumulate and administer money for retiree and active state employees, administered by the department of administrative services. State Retiree Health Plan Commission was created to determine the actuarial assumptions to be used in the actuarial valuation of liabilities relative to state retiree benefits. Department of Resource and Economic Development (DRED) There has been a new function of technology development and telecommunication planning that has been established for the department. See HB2, item 104 for the specific details of this function. SB74 establishes a bureau of historic sites in the division of parks and recreation and revises the state park system development plan. The bill also requires an audit of the division of parks and recreation, and establishes a state park system advisory council and a legislative oversight committee. SB143 names Jericho Mountain state park in Berlin and allows waivers of certain criteria in the evaluation process for establishment of ATV and trail bike trails in the park. HB710 establishes a commission to study leasing state owned parks. Office of Information Technology Under HB2 the office of information technology may, subject to approval of the fiscal committee, transfer funds within and among all PAU’s within said office as necessary for the efficient management of the office. Department of Health and Human Services HB2, under item 52, the commissioner is authorized to fill any unfunded position for the biennium ending June 30, 2009 within the limits of the appropriations for personal services, permanent, and unclassified personal services. HB2 also transfers the balance of the long-term care assistance fund, established during fiscal year 1999, to the department of health and human services to support the operation of the ServiceLink New Hampshire program during this fiscal year ending June 30, 2008. HB2 under item 113, established within the department of health and human services the Tobacco Use Prevention and Cessation Program. The program now will be administered using funds appropriated to the department for the purpose of tobacco use prevention rather than simply being drawn from the tobacco fund. It establishes an advisory committee to develop the criteria for the expenditure of funds. HB2, item 96, established the Comprehensive Cancer Plan Fund. This creates a new subdivision in the department of health and human services. This program will be continually funded through appropriations to the department. There will be an oversight board to oversee the department’s allocation of moneys from the cancer fund. Go to HB2 to see the percentage breakdown of what areas of cancer prevention shall be spent. Department of Environmental Services HB2- The department is increasing the fee for review of terrain alteration plans. The fees will be deposited in a dedicated “terrain alteration fund”. This fund will be a separate, non-lapsing fund, continually appropriated to the department of environmental services for the purpose of paying all costs associated with the terrain alteration program. HB2- The Laboratory fee schedule for the department, will be revised. Click on HB2 and look under item 34 to see the new fee schedule. A program for the preservation and restoration of New Hampshire lakes and ponds has been established and will be administered by the department. See HB2 item 102. HB216 establishes a commission t study the causes, effects and remediation of siltation in the Great Bay Estuary. Department of Justice HB 2 establishes a commission to study the consolidation and centralization at the department of justice of legal services by the department of health and human services and other departments. It will study the employment of attorneys by the department of health and human services and other state agencies to determine whether transfer of those employees and responsibility for those legal service functions to the attorney general’s office would improve the efficiency and effectiveness of legal services by the state. Findings and recommendations for legislation will be due on or before November 1, 2007. HB895 requires court reporters to be licensed by a board of court reporters and establishes the board of court reporters as part of the joint board of licensure and certification. Currently, court reporters are certified by the chief justice of the superior court. SB170 establishes an office of mediation and arbitration within the judicial branch. The bill combines the probate court mediation fund and the court mediation fund into a mediation and arbitration fund. Department of Fish and Game Under HB2, All money collected from the sale of moose, bear, turkey, and waterfowl stamps, licenses, applications, and permits shall be deposited in the fish and game fund and shall be used for purposes specified in RSA 206:34-a (conservation, restoration, management, study, etc.. of fish, game and wildlife). Beginning on January 1, 2009, all money collected from the sale of moose, bear, turkey, and waterfowl stamps, licenses, applications, and permits shall be deposited back into the fish and game fund. HB309 changes the fine schedule for fish and game. Click on the bill to see all the fine schedules. HB248 removes requirements that certain revenues of the fish and game department be dedicated to the trapping education program. The bill also removes a dedicated fund for restitution for illegal taking or possessing of game animals, game birds, or fur-bearing animals. HB623 establishes a game management account in the fish and game fund, removes separate accounts for moose, bear, wild turkey, and waterfowl stamps, licenses, applications, or permits, and transfers balances in those accounts into the game management account. Department of Transportation HB2- The commissioner of the department is authorized to apply for and accept gifts, grants donations and contributions from any source, public or private, in the name of the state to provide for technical and administrative support for the scenic and cultural byways system. You can find this in HB2, item 76. HB796 expands civil liability of a person who obstructs or damages a highway to include liability for damage to highway protective barriers. Youth Development & YDC HB495 establishes criteria and procedures for criminal record and central registry checks of prospective foster and adoptive parents. SB67 permits the department of health and human services to implement the recommendations of the YDC master plan The bill also makes an appropriation of $200,00 to the department of health and human services to execute this. Regional Community Technical College System HB2- The exemption from a hiring freeze has been extended until July 1, 2009. SB82 eliminates the department of regional community-technical colleges and establishes the community college system of New Hampshire. The community college system will have its own governance board of trustees appointed by the governor. Department of Safety A new unclassified position named “chief of policy and planning” has been established in HB2 (item 88) in the office of the commissioner. The commissioner will recommend a candidate for appointment by the governor with consent of the executive council. In the department of safety, division of state police, forensic laboratory, toxicology laboratory an additional criminalist position to serve as state toxicologist at a labor grade determined by the director of state personnel. If there are positions that become vacant in the department of safety, the commissioner may, with the approval of the fiscal committee and governor and executive council, eliminate certain those vacant positions and establish in their place other personnel positions from the same funding source. The director of state police will now be responsible for approving professional standards of conduct and standard operating procedures of the division of state police. SB66 divides certain responsibilities for involuntary civil commitment of sexually violent predators between the departments of corrections and health and human services and provides that the sex offender registry fee shall be collected twice per year by the department of safety. Chapter 9 Glencliff Home for the Elderly HB2-Glencliff Home for the Elderly will now be called the “Glencliff home” State Employee Hiring and Re-hiring If you are a state employee who receives written notice of the state’s intent to lay you off between July 1, 2007 and June 30, 2009, due to reorganization or downsizing, raises your status as a laid off employee above non-former state employees when state departments are looking to fill vacant positions. SB200 specifies which rehired individuals will be included in the state directory of new hires. If you are former state employee and you are rehired, you will be considered a new hire if you were permanently laid off, terminated from employment, had a break in service of more than 26 consecutive weeks, had a break in service due to a seasonal layoff of more than 10 consecutive weeks, or you were required to complete a W-4 form due to a previous work separation. At The Worksite HB25-FNA appropriated money to make improvements to different agency facilities in the Capital area. Click on the link to see which departments and what projects money was appropriated for. Employee Training- In HB2, paragraph XIV, it is mandated that state agencies shall utilize training programs offered or sponsored by the division of personnel, if appropriate training programs are available. Fees for such training programs shall be paid out of the agency’s budget for training. The agency also needs to notify the division of personnel of training needs and of any planned training programs for classified employees. The parking benefit for downtown Concord state employees, established in the new SEA collective bargaining agreement is funded in HB2 item 163, and will be administered by the department of administrative services. Education for our future SEA members HB46 funds Kindergarten programs in Merrimack, Hampstead, Goffstown, Fremont, and Timberlane. HB822 requires regional vocational schools to accept students who have attended 2 years of high school regardless of the number of credits earned. This bill also allows students to enroll in regional vocational schools when the department of education determines it would be in their best interest. Labor Relations HB89 establishes a committee to study dispute resolution between local political subdivisions and public employees, including evergreen language in New Hampshire. The committee will be made up of legislators including some from the labor committee. HB336 requires that information about the classification of workers as employees or independent contractors be posted as part of the “Know Your Rights” notice in every place of employment. HB337 increases both the civil penalty and the time period which an employer can be assessed for not complying with the workers’ compensation law. In addition, HB471 requires that all contractors, including subcontractors and independent contractors, provide certification of their workers’ compensation coverage and compliance with all applicable workers’ compensation safety provisions before beginning work on state transportation or public works projects. HB514 raises the minimum wage for hourly employees. HB718 establishes a committee to study the cost, quality, accountability, and oversight standards used by the state when contracting with private entities for delivery of public services. It will be made up of state legislators. SB216 allows a bargaining unit to request certification of their representative through a petition accompanied by the signatures of a majority of the bargaining unit members. This is also commonly referred to as “card check” and applies only to public employees. Health Insurance HB790 expands the age which dependent children must be allowed to be covered under private health insurance from 18 to 26. Due to state employees being under the self-funded health plan, the state is not required to extend this to state employees unless otherwise specified by the Governor through executive order. SEA staff is working with the Governor’s office on how to make this a reality. SB197 requires continuation of group health insurance in the event of divorce or legal separation. Due to state employees being under the self-funded health plan, the state is not required to extend this to state employees unless otherwise specified by the Governor through executive order. Workers Comp Legislation HB426 allows the insurance commissioner to conduct investigations and hold hearings regarding whether additional premium charges should be paid by an employer for workers’ compensation insurance. HB169 makes it an unfair insurance trade practice subject to penalties for an insurer or adjuster representing the insurer to knowingly underestimate the value of an insurance claim. Voting SB36 eliminates straight ticket voting. Public Health Issues SB42 prohibits smoking in restaurants, cocktail lounges, and certain enclosed public places in New Hampshire. SB176 sets lead paint poisoning rules. The bill lowers the blood lead level that determines when a child is lead poisoned. It also allows the commissioner of the department of health and human services to inspect other units of a multi-unit dwelling when a child has been found to be lead poisoned in one of the units. The bill establishes a commission to study the current childhood lead poisoning prevention law, policies, and standards. Taxes & Fees HB2 increases the tobacco tax by 28 cents per package of 20 cigarettes. HB2 also sets a motor vehicle registration fee increase. If you have an automobile that is 3000 lb. or less, the new registration fee for one year will be $31.20, up from $25.20. HB2 removes the communications services tax exemption. HB448 allows a person to renew a vehicle registration during the 4 months prior to its expiration month without verifying the owner’s absence from the state. Local 1984 Hunters In HB2 a required minimum moose permit fee has been set for nonresidents of $450. HB658 prohibits the use of a tranquilizer propelled from a bow, crossbow, or firearm in taking game animals or game birds. Social Issues HB437 permits same gender couples to enter civil unions and have the same rights, responsibilities, and obligations as married couples. Identity Theft Protection HB227 permits a victim of identity theft to bring a private action for damages and to use the judgment to correct related public and private records. HB685 prohibits New Hampshire from participating in a national identification card system and establishes additional limitations on the release of data by the department of safety. Task Force on Expanding Access to Health Care HB305 establishes a task force to develop legislation for expanding access to affordable health insurance for the 2008 and 2009 legislative sessions. Liquor Commission HB323 establishes a committee to study liquor commission revenues, enforcement, and training. Death Benefits Extended and Established for certain state employees HB571 extends the state death benefit under group life insurance to full-time seasonal employees. HB685 establishes a death benefit to be paid to the family of a state or local police officer or firefighter killed in the line of duty. The bill establishes a committee to study the policies and methods for determining eligibility for, and the award of, the death benefit. Employee Job Training SB97 This bill designates an increased portion of employer contributions for deposit into the contingent fund, reduces the annual amount to be deposited in the training fund, and makes deposits to the training fund fixed. It will transfer the job training program administered by the department of regional community-technical colleges to the department of resources and economic development. The bill will also transfer funding for the job training program from the department of regional community-technical colleges to the department of resources and economic development.
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