hb 0614

HB 614 - AS INTRODUCED

AN ACT relative to certain duties, responsibilities, and authority of the fiscal committee.

SPONSORS: Rep. Kurk, Hills 5

This bill deletes certain references or provisions concerning the duties, responsibilities, and authority of the fiscal committee of the general court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to certain duties, responsibilities, and authority of the fiscal committee.

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

1 Interchange of State Employees; Intergovernmental Personnel Act. Amend RSA 98-B:3-a to read as follows:

98-B:3-a Authority to Compensate Employees Received Under Intergovernmental Personnel Act. Funds appropriated for compensation of a position which is unfilled in any department, agency or instrumentality of the state may be used as full or partial compensation of any employee assigned to it as a receiving agency under title IV of the Intergovernmental Personnel Act of 1970, 5 U.S.C. sections 3371-3376 as may be from time to time amended. However, no such funds may be used to compensate such an employee in a position other than the unfilled position [~~without the consent of the fiscal committee of the general court and,~~] in the case of a receiving agency of the executive branch, without the consent of the governor and council.

2 Interchange of State Employees; Intergovernmental Personnel Act. Amend RSA 98-D:7 to read as follows:

98-D:7 Transfer of Intergovernmental Personnel Act Employees. Any employee assigned from the federal government under the terms of title IV of the Intergovernmental Personnel Act of 1970, 5 U.S.C. sections 3371-3376 as may be from time to time amended, may be transferred between any office, department, commission, board or institution of the executive branch, or between branches, in accordance with the provisions of this section. Officials may enter agreements for such transfers[~~, with the consent of the fiscal committee of the general court~~] and, in cases where an official in the executive branch is a party to such agreement, with the consent of the governor and council. Such transferred employee shall for all purposes except supervision remain an employee of the transferor office.

3 Defense And Indemnification of State Officers and Employees; Insurance. Amend RSA 99-D:3 to read as follows:

99-D:3 Insurance. The state, or any department or agency thereof, shall self-insure against all such damages, losses and expenses except to the extent that insurance coverage is obtained under the authority of RSA 412:3. [The fiscal committee of the general court shall study alternative means to self-insurance by the state and shall report its findings to the general court not later than January 31, 1979. The fiscal committee shall be free to seek the assistance of the insurance department, the attorney general's office, and any other resource individuals.]

124:9 Form and Content. The form and content of the notifications and reports required by RSA 124:7 and 8 shall [~~be prescribed by the fiscal committee of the legislature but shall in any event~~] include (a) the nature of the program in question (b) the duration of the program in question (c) the federal and state funds required for program initiation and the source of state funds (d) estimate of the federal and state funds required to continue the program after the initial funding and the source of state funds [unless specifically exempted by said committee and the committee may exempt the department of employment security from any of the provisions of this subdivision to the extent and in the manner determined by it].

6 Health and Human Services; Reorganization. Amend RSA 126-A:4, II to read as follows:

II. The commissioner shall have authority to establish, reorganize, or abolish such divisions, offices, bureaus, or other components of the department as may from time to time be necessary to carry out the mission and duties of the department. The commissioner shall make a quarterly report on the progress of the reorganization to the governor [~~and the fiscal committee~~] beginning with the quarter ending March 31, 1996.

172-B:5 Acceptance of Grants. The director is authorized to accept in the name of the state special grants or money or services from the federal or state governments or any of their agencies and may accept gifts to carry out the purposes of this chapter. Notwithstanding any other provision of law, during the period in which the office of alcohol and drug abuse prevention is located administratively in the office of the governor, no new personnel positions in the office of alcohol and drug abuse prevention may be created by the acceptance of federal monies or monies from any other source [~~unless such positions are approved by the fiscal committee of the general court~~]; provided, however, that the governor and council may accept all monies available for any emergency or disaster as defined by the authority awarding such monies to the office of alcohol and drug abuse prevention. Nothing herein shall be construed to affect the provisions of RSA 98:17-a or RSA 124. All monies which fund personnel positions subject to these restrictions shall be used only for the purposes or programs specified in the application for approval of the positions or as otherwise approved by law.

8 University System; Transfers Among PAUs. Amend RSA 187-A:16, XV to read as follows:

XV. Transfer funds among the institutions of the university system, and their divisions and departments, when such action shall appear necessary and in the best interests of the state and the institutions of the university system. The university system shall report the amount and purpose of all transfers of funds from one program appropriation unit of the budget to a different program appropriation unit to the [~~legislative fiscal committee of the general court by November 1 of each year. Copies of such reports shall be sent to the~~] house education committee and the senate education committee.

187-A:25-a Audit. The governor shall be a member ex officio of each audit committee appointed by the board of trustees. The governor may designate another member of the board of trustees to serve in the governor's place as a member of the audit committee. The board of trustees shall submit to the governor, for concurrence, the board's recommendation with respect to the selection of external auditors. The external auditors selected by the board of trustees shall render their report and findings to the board of trustees[,] and to the governor[~~, and to the legislative fiscal committee~~]. Such auditors shall provide to the governor [~~and to the legislative fiscal committee~~] any information normally provided to the audit committee and shall respond to any request from the governor [~~or from the legislative fiscal committee~~] relative to the financial conditions, operations, and systems of the university that the board reviewed during its audit.

10 Postsecondary Education Commission; New Hampshire Incentive Program. Amend RSA 188-D:11, II to read as follows:

II. Application for and disbursement of all monies shall be made in the form and manner designated by the postsecondary education commission. No monies may be disbursed by the postsecondary education commission under this subdivision until the postsecondary education commission has established rules and regulations under paragraph I(d) and has filed such rules and regulations with the [~~fiscal committee of the general court and the~~] governor and council.

227:14 Reduced Rates. Season tickets shall be made available to any resident of this state. For the purposes of this section "resident of this state" means a person whose domicile is in this state. A discount of 25 percent shall be given by the division to state residents, when proof of residency is provided, on all season tickets and coupon books sold prior to December 15 of each year for winter facilities at Cannon Mountain state ski area. For purposes of this section, proof of residency shall include a state issued driver's license; a state issued I.D. card with a photograph, or information including name, sex, date of birth, height, weight and color of eyes; United States passport, or an affidavit from the town clerk certifying residency. Any person who is a full-time secondary school student and who has not attained the age of 19 by May 1 of the year following any winter season shall be eligible for a junior season ticket, and all minors who have not attained the age of 15 years by May 1 of the year following any winter season shall be eligible for a child's season ticket. The commissioner of the department of resources and economic development shall make quarterly reports on season tickets issued under this section to [~~the fiscal committee,~~] the senate president, the speaker of the house, and governor and council.

12 Motor Vehicles; Enforcement of Equipment Requirements. Amend RSA 266:18-e to read as follows:

266:18-e Enforcement Expenditures. Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary to implement and enforce this chapter, the governor and council, [~~with the prior approval of the fiscal committee of the general court,~~] upon request from the commissioner, may authorize the transfer of funds from the highway surplus account to the department of safety for such purpose.

13 Motor Vehicles; Enforcement of Diesel Emission Testing. Amend RSA 266:59-c, III to read as follows:

III. Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary to implement and enforce this section, the governor and council, [~~with the prior approval of the fiscal committee of the general court,~~] upon request from the commissioner, may authorize the transfer of funds from the highway surplus account to the department of safety for such purpose.

14 Horse and Dog Racing; Payment for Laboratory Testing. Amend RSA 284:20-e, II to read as follows:

II. [A report summarizing testing activity shall be provided by the commission to the fiscal committee on a quarterly basis. The fiscal committee may establish guidelines for the type and extent of information to be included in the report. For the biennium ending June 30, 1995, total billings to licensees and total state expenditures for the racing lab shall not exceed $420,000 for each fiscal year.] For the fiscal year ending June 30, 1996, and for subsequent years, the commission shall develop a cost allocation plan which includes all steps necessary to prevent unnecessary or excessive testing while maintaining the commission's duty to conduct as many tests as it deems necessary. [~~Upon approval of the fiscal committee,~~] This plan shall be presented to the governor and to the senate and house finance committees for their consideration in developing the budget.

15 Administrative Procedure Act; Notice of Rulemaking. Amend RSA 541-A:6, III to read as follows:

III. The agency shall send notice to the director of legislative services, to the president of the senate, to the speaker of the house of representatives, [~~to the chair of the fiscal committee,~~] to the chairs of the legislative committees having jurisdiction over the subject matter, and to all persons who have made timely request for advance notice of rulemaking proceedings and to all persons regulated by the proposed rules who hold occupational licenses issued by the agency. Notice shall be made not less than 20 days before the first agency public hearing required by RSA 541-A:11. Notice to occupational licensees shall be by U.S. Mail, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner deemed sufficient by the committee.

16 Corrections; Field Services Personnel. Amend RSA 651:63, VII to read as follows:

VII. [On or before July 1, 1997, and each year thereafter until July 1, 2000, the division of field services, department of corrections, shall submit an annual budget plan to the joint legislative fiscal committee.] The division of field services, department of corrections, shall have the authority to hire temporary personnel and to procure equipment and expend relevant operating expenses as may be necessary to implement this chapter.

II. RSA 21-H:8, IV, relative to acceptance of grants by commissioner of corrections.

III. RSA 271-A:16, relative to authority of the port authority for certain actions before July 1, 1975.

IV. RSA 502-A:37, relative to recommendation for the court modernization fund due December 1, 1998.