5/18/00 4529s

5/18/00 4526s

5/18/00 4592s

5/18/00 4628s

31may00.....4754-CofC

31may00.....4793-EBA

2000 SESSION

00-2596

10/09

HOUSE BILL 1504

COMMITTEE: Finance

AMENDED ANALYSIS

This bill:

I. Changes the definition of maintenance expenditure relating to the submission of budget estimates by agencies.

II. Adjusts certain building usage and rent class lines in PAU's of the department of administrative services and the department of health and human services.

III. Adds a new program appropriation unit, "NF Settlement," to the operating budget for the payment of claims arising from the 1999 U.S. District Court settlement of Defosses v. Shumway.

IV. Corrects the total state appropriation and bond totals in the amended version of the 1993 capital budget (1993, 359).

V. Lapses sums in certain office of emergency management accounts to the general fund and makes appropriations to certain office of emergency management accounts.

VI. Establishes the amount of business profits tax and business enterprise tax revenues to be transferred quarterly to the education trust fund for fiscal year 2001.

AMENDED ANALYSIS

Page 2

VII. Establishes a committee to study funding for division of fire standards and training firefighter and emergency medical services training.

VIII. Clarifies the authority of the commissioner of the department of revenue administration to use certain appropriations to establish positions for the administration of the education property tax hardship relief program.

IX. Clarifies that employees in certain department of health and human services' positions are entitled to certain salaries and raises.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5/18/00 4529s

5/18/00 4526s

5/18/00 4592s

5/18/00 4628s

31may00.....4754-CofC

31may00.....4793-EBA

00-2596

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Be it Enacted by the Senate and House of Representatives in General Court convened:

296:1 Requests for Appropriations; Definition of Maintenance Expenditure. Amend RSA 9:4, II to read as follows:

II. In this section "maintenance expenditure" means:

(a) The cost of providing the same level of service authorized and funded in the preceding fiscal year, incorporating changes in the population, economic conditions, and other factors outside the control of the PAU. [The maintenance level shall include adjustments for] The governor shall provide criteria for the development of maintenance expenditures which may include the following:

(1) Any increases or decreases in the cost of purchased goods or services due to general price changes in the economy at large;

(2) Salary steps within grade;

(3) New positions necessary to provide the same level of service;

(4) Additional operating costs associated with previously authorized capital improvement projects to be completed during the biennium;

(5) Reductions for non-recurring costs of the prior fiscal year.

(b) The maintenance level shall not include new programs or changes in the kind, quantity, or quality of service when the change is at the agency's discretion or is the result of changes in federal or state law or regulation.

(c) Within the meaning of this section, the [commissioner] governor shall make the final determination as to whether a particular cost shall be deemed to be a maintenance expenditure.

296:2 Repeal. RSA 9:3, I(b)(6), relative to explanation of differences from maintenance expenditure requirement, is repealed.

296:3 Health and Human Services Building. Amend 1999, 159:1.01, 04, 04, 05, 06 as follows:

FY 2000 FY 2001

Strike out:

99 HHS transfer reduction 381,269- 393,951-

Strike out:

Total 1,958,435 2,036,214

Estimated source of funds for health

& human services bldg

01 Transfers from other agencies I 1,958,435 2,036,214

Total 1,958,435 2,036,214

Insert in place thereof:

Total 2,339,704 2,430,165

Estimated source of funds for health

& human services bldg

01 Transfers from other agencies I 2,339,704 2,430,165

Total 2,339,704 2,430,165

296:4 Medicaid Administration; Transfers to General Services. Amend 1999, 159:1.05, 01, 02, 04, 10 as follows:

FY 2000 FY 2001

Strike out:

28 Transfers to general services D 149,552 155,360

Insert in place thereof:

28 Transfers to general services D 530,821 549,311

Strike out:

Total 13,175,828 14,290,419

Estimated source of funds for

Medicaid administration

00 Federal funds 8,894,873 9,695,902

General fund 4,280,955 4,594,517

Total 13,175,828 14,290,419

Insert in place thereof:

Total 13,557,097 14,684,370

Estimated source of funds for

Medicaid administration

00 Federal funds 9,085,508 9,892,878

General fund 4,471,589 4,791,492

Total 13,557,097 14,684,370

296:5 Quality Assurance; Brown Building. Amend 1999, 159:1.05, 01, 04, 01, 01 as follows:

FY 2000 FY 2001

Strike out:

90 Brown Building Op Exp 133,031 139,683

Strike Out:

Total 791,897 776,727

Estimated source of funds for

Quality assurance

00 Federal funds 398,504 390,585

General fund 393,393 386,142

Total 791,897 776,727

Insert in place thereof:

Total 658,866 637,044

Estimated source of funds for

Quality assurance

00 Federal funds 335,021 323,563

General fund 323,845 313,481

Total 658,866 637,044

296:6 Office of Director; Building Rent. Amend 1999, 159:1.05, 01, 06, 01, 01 as follows:

FY 2000 FY 2001

Strike Out:

91 Building rent 165,000 173,250

Insert in place thereof:

91 Building rent 54,339 64,486

Strike out:

Total 2,731,028 2,014,057

Estimated source of funds for

office of director

00 Federal funds 394,966 384,435

General fund 2,336,062 1,629,622

Total 2,731,028 2,014,057

Insert in place thereof:

Total 2,620,367 1,905,293

Estimated source of funds for

office of director

00 Federal funds 380,580 370,296

General fund 2,239,787 1,534,997

Total 2,620,367 1,905,293

296:7 Food Protection; Rent. Amend 1999, 159:1.05, 01, 10, 04, 03 as follows:

FY 2000 FY 2001

Strike out:

99 Rent 31,389 31,389

Insert in place thereof:

99 Rent 4,904 0

Strike out:

Total 786,726 770,240

Estimated source of funds for

Food protection

09 Agency income I 41,945 41,945

General fund 744,781 728,295

Total 786,726 770,240

Insert in place thereof:

Total 760,241 738,851

Estimated source of funds for

Food protection

09 Agency income I 40,271 40,245

General fund 719,970 698,606

Total 760,241 738,851

296:8 Purpose. Section 9 of this act adds a new program appropriation unit, "NF Settlement," to the operating budget for the payment of claims arising from the 1999 U.S. District Court settlement of Defosses v. Shumway. Section 9 of this act shall not constitute legislative approval under RSA 14:35-b.

296:9 NF Settlement. Amend 1999, 159:1 by inserting the following new PAU:

05 Health and Social Services

01 Dept of Health and Human Services

06 Div Elderly & Adult Services

04 Medical Services

05 NF Settlement

90 Client Payments F 1 1

Total 1 1

Estimated Source of Funds for

NF Settlement

General Fund 1 1

Total 1 1

296:10 Capital Projects; 1993 Totals Adjusted. Amend 1993, 359:1, total state appropriation as amended by 1993, 360:7; 1994, 204:3; 1994, 382:8; and 1995, 309:25 to read as follows:

Total state appropriation section 1 [$41,906,731] $53,112,158

296:11 Capital Projects; 1993 Bond Total Adjusted. Amend 1993, 359:9 as amended by 1993, 360:10; 1994, 204:4; 1994, 382:8; 1995, 309:26; and 1995, 310:190 to read as follows:

359:9 Bonds Authorized. To provide funds for the total of the appropriations of state funds made in sections 1, 2, 3, and 4 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of [$69,974,158] $75,974,158, and for said purposes may issue bonds and notes in the name and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

296:12 Office of Emergency Management; Reallocation of Existing Appropriation Authority.

I. From the following disaster accounts within the office of emergency management, the following amounts shall lapse to the general fund:

010-088-2790-090 Local Assistance - October/November 1995 $ 4,556.00

severe rain and wind storms

010-088-2799-090 Public Assistance - October/November 1996 $119,412.75

severe rain and wind storms and flooding

010-088-2800-092 Individual Assistance - January 1998

ice storm $ 1.00

II.(a) The following sums are hereby appropriated to the following accounts within the office of emergency management.

010-088-2800-090 Local Assistance - January 1998

ice storm $ 91,785.00

010-088-2801-490 Local Assistance - June 1998

flooding $ 24,567.75

010-088-2801-491 State Agencies - June 1998

flooding $ 7,617.00

(b) The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

296:13 Education Trust Fund; Transfer of Tax Revenues for Fiscal Year 2001. In lieu of the transfers required by RSA 77-A:20-a and 77-E:14, for fiscal year 2001, the state treasurer shall make quarterly transfers of $13,125,000, based on estimates made by the commissioner of revenue administration, from the general fund into the education trust fund established in RSA 198:39. These transfers shall occur on the following dates: July 1, 2000, October 1, 2000, January 1, 2001, and April 1, 2001.

296:14 Committee Established. There is established a committee to study funding for division of fire standards and training firefighter and emergency medical services training.

296:15 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members 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.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

296:16 Duties. The committee shall develop a proposal for a dedicated funding source for firefighter and emergency medical services training within the division of fire standards and training, department of safety. Funding sources to be considered shall include but shall not be limited to a reallocation or increase in the fee paid pursuant to RSA 260:15 for copies of motor vehicle records.

296:17 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 first-named senate member. 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.

296:18 Report; Consideration of Proposed Legislation.

I. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2000.

II. Legislation proposed to be introduced pursuant to the report of the study committee shall be in anticipation of early consideration and fast-track passage in the 2001 legislative session.

296:19 Positions Established; Appropriations; Authority of Commissioner of the Department of Revenue Clarified. Amend 1999, 17:53, IV as amended by 1999, 303:12 to read as follows:

IV. The sum of $2,700,000 for the biennium ending June 30, 2001, is hereby appropriated to the department of revenue administration to fund the costs necessary to implement the provisions of this act, the provisions of RSA 198:50 through 198:55, and the provisions of 1999, 338:23. The commissioner is authorized to establish positions necessary to implement this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

296:20 Appropriation; Authority to Establish Positions Inserted. Amend 1999, 338:16 to read as follows:

338:16 Appropriation. The sum of $200,000 is hereby appropriated for the biennium ending June 30, 2001 from the education trust fund established in RSA 198:39 to the department of revenue administration for the purpose of administering the education property tax hardship relief provisions established in RSA [198:50-55] 198:50 through 198:55. The commissioner of the department of revenue administration is authorized to establish positions necessary to implement the provisions of this section.

296:21 Classified Positions in Department of Health and Human Services.

I. Notwithstanding the provisions of 1995, 310:60, any classified employee of the department of health and human services whose position was changed from one salary group to a lower paying salary group shall continue to receive the salary and scheduled raises of the higher paying group so long as such employee is employed in such position.

II. Employees to whom paragraph I applies are hereby entitled to the 5 percent raise for classified state employees effective June 5, 1998, the 3 percent raise for classified state employees effective October 1, 1999, and all subsequent raises negotiated for classified state employees.

III. Funding for salaries and raises under paragraphs I and II shall be from appropriations made to the department of health and human services in the 2000-2001 operating budget for positions which are not filled.

296:22 Effective Date. This act shall take effect upon its passage.

(Approved: June 21, 2000)

(Effective Date: June 21, 2000)