CHAPTER 130

HB 1-A - FINAL VERSION

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2001 SESSION

01-1068

01/09

HOUSE BILL 1-A

AN ACT making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2002, and June 30, 2003.

SPONSORS: Rep. Kurk, Hills 5

COMMITTEE: Finance

ANALYSIS

No analysis needed.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18apr01...0892h

18apr01...0944h

6/12/01 1576s

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26june01...1848CofC

01-1068

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT making appropriations for the expenses of certain departments of the state for the fiscal years ending June 30, 2002, and June 30, 2003.

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

1.08 Budget Footnotes; General.

A. Data Processing Services. The department of administrative services and the department of health and human services shall, prior to performing data processing services for any department, board, commission, institution, or other agency, enter into a written agreement specifying in detail the services to be performed and the cost to the agency. Said agreement shall be binding on both agencies. Any change or modification in the services to be performed shall likewise be agreed to in writing and shall specify the change and the adjustment to the cost. Any dispute relative to such agreements shall be resolved by the department of justice. The provisions of this paragraph shall not permit any state department, board, commission, institution, or other agency to contract for data processing services without the approval of the department of administrative services.

B. Revenue shall be deposited with the state treasurer as unrestricted revenue.

C. Revenue in excess of the estimate may be expended with prior approval of the fiscal committee and the approval of the governor and council.

D. The funds in this appropriation shall not be transferred or expended for any other purpose.

E. The funds in this appropriation are for general overhead state charges and such sums shall be transferred by the agency to the general fund of the state consistent with federal requirements.

F. This appropriation shall not lapse until June 30, 2003.

G. The funds in this appropriation shall not be transferred or expended for any other purpose and shall not lapse until June 30, 2003.

H. The funds in this appropriation shall not be transferred or used for any other purpose and shall not lapse until June 30, 2003. No additions or deletions may be made from those projects authorized for funding from the original maintenance survey except in an emergency situation and then only after consultation with the commissioner of the department of transportation and approval by the commissioner of the department of administrative services.

I. In the event that estimated revenue is less than budgeted, the total appropriation shall be reduced by the amount of the shortfall in either actual or projected budgeted revenue. The agency head shall notify the bureau of accounting forthwith, in writing, as to precisely which line item appropriation and in what specific amounts reductions are to be made in order to fully compensate for the total revenue deficits. The provisions of this footnote do not apply to federal funds covered by RSA 124:14.

J. This appropriation, to be administered by the commissioner, is for the necessary equipment needs of the department and shall be expended at the commissioner's discretion.

K. The funds in this appropriation are for the lease of state-owned equipment from the department of transportation operations division, mechanical services bureau, and shall not be transferred or used for any other purpose. Transfers may be made between funds appropriated in class 025 in other PAU's with prior approval of the capital budget overview committee and thereafter the fiscal committee and governor and council.

GENERAL SECTIONS

130:2 General Fund and Total Appropriation Limits. The amount included in PAU 06-06 (higher education fund) under estimated source of funds from general fund shall be the total appropriation from general funds for such PAU that may be expended for the purpose of section 1 of this act. Any funds received by said agency from other than general funds are hereby appropriated for the use of the agency and may be expended by said agency whether or not this will result in an appropriation and expenditure by the agency in excess of the total appropriation therefor.

130:3 Assignment of Office Space. If, during the biennium ending June 30, 2003, because of program reductions, consolidations, or any other reason, office space becomes available in the health and human services complex, the Hayes building, or any other state building, except office space under the control of the legislature pursuant to RSA 14:14-b, the commissioner of administrative services may require that any agency renting private space be required to occupy such available space in said building or buildings forthwith. Such funds as have been allocated or committed by any agency affected by this section for outside rental shall be transferred by the director of the division of accounting services to the bureau of general services, PAU 01-04-04-05-01, for maintenance of state buildings.

130:4 Sweepstakes Commission; Authority Granted. For the biennium ending June 30, 2003, in order to provide sufficient funding to the sweepstakes commission to carry out sweepstakes programs that will provide funds for distribution in accordance with RSA 284:21-j, the commission shall apply to the fiscal committee of the general court for approval of any new sweepstakes programs or for the purchase of any tickets for new or continuing games. Additionally, no expenditures for consultants shall be made without prior approval by the fiscal committee. If approved, the commission may then apply to the governor and council to transfer funds from the sweepstakes revenue special account. The total of such transfers shall not exceed $4,500,000 for the biennium ending June 30, 2003.

130:5 Department of Justice; Special Provision. For the biennium ending June 30, 2003, filing fees received by the department of justice pursuant to RSA 7:28-a shall be deposited with the state treasurer as restricted revenue; and any excess of such revenue over the amounts appropriated for the division of charitable trusts shall lapse to the unappropriated surplus of the general fund. Expenditures from this fund shall not be made except by appropriation by the general court.

130:6 Appropriation of Unrestricted Motor Vehicle Revenue. All sums received by the division of motor vehicles or the division of state police, department of safety, from any source, which are not derived from registration fees, drivers licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuel, including revenue received from fines and forfeitures assessed against any violator of any law of the state, other than RSA 266:18 through RSA 266:26, or of any political subdivision thereof relative to the use and operation of motor vehicles, whether the violator is apprehended or prosecuted by an employee of the state or any political subdivision thereof, shall be paid to the state treasurer and shall, for the biennium ending June 30, 2003, be available for expenditure as unrestricted general fund revenues of the state. Fines and forfeitures assessed against any violator of RSA 266:18 through RSA 266:26 shall be available as unrestricted highway fund revenue.

130:7 Positions Abolished. The following positions are hereby abolished forthwith effective at the close of business on June 30, 2001, or later, as specifically indicated:

Agriculture
02-03-04	10295
Corrections
02-16-05-01-00	9U188, 9U297
02-16-08-00-00	41458, 41459, 41460, 9U494
Employment Security
02-17-01-00-00	11013, 11046, 11060, 11075, 11098, 11099,
	11146, 11162, 11175, 11184, 11185, 11246,
	30114, 40593, 40985, 40995, 41220
Resources and Economic Development
03-03-03-03-04	19712
03-03-05-00-00	19431
Environmental Services
03-04-02-06-04	16800, 19125
03-04-02-07-03	19514
03-04-02-09-00	40505
03-04-03-02-03	40706
03-04-08-03-00	11368
Education
06-03-05-01-02	19174
Liquor Commission
02-13-04-01	13975

130:8 Information Technology Equipment and Software. Any funds appropriated for information technology equipment provided for by this act, or information technology equipment for any other agency in any budget bill enacted during the 2001 legislative session, shall not be spent, obligated, or encumbered until such time as the agency's information technology plans are reviewed by the division of information technology management pursuant to RSA 21-I:67 and approved by the capital budget overview committee. The division of information technology management shall review any such agency technology plans within 90 days. An agency may request an extension of time from the capital budget overview committee.

130:9 Transfers. Notwithstanding any other provision of law, within the PAUs listed below, the commissioner or department head may transfer among all accounts as the commissioner or department head shall deem necessary and appropriate for the efficient management of the department in order to accomplish the measurable goals and objectives as approved by the legislative fiscal committee and the governor and council. Such transfers shall have no net effect on the source of funding mix of the approved budget of the department. A report of all such transfers and of any progress in meeting the measurable goals and objectives shall be filed quarterly with the legislative fiscal committee and with the governor and council.

04-01-08	Department of Transportation, Bureau of
	Turnpikes
03-04-02-03-01	Department of Environmental Services,
	Water Division, Safe Drinking Water Act
03-04-02-05-00	Department of Environmental Services,
	Water Division, Subsurface Systems
03-04-02-06-02	Department of Environmental Services,
	Water Division, Section 319 Planning
03-04-04-04-02	Department of Environmental Services,
	Waste Management Division, Underground
	Storage Tank Program

130:10 General Fund Appropriation Reduction; Judicial Branch.

I. The judicial branch is hereby directed to reduce all state general fund appropriations by $4,293,101 for the fiscal year ending June 30, 2002 and $4,749,004 for the fiscal year ending June 30, 2003. The chief justice of the supreme court, or designee, shall by July 1, 2001, notify the department of administrative services as to the specific amounts to be reduced in specified line item appropriations in functional units, in order to comply fully with this section. The chief justice of the supreme court, or designee, shall by July 1, 2002, notify the department of administrative services as to the specific amounts to be reduced in specified line item appropriations in functional units, in order to comply fully with this section.

II. If SB 197-FN of the 2001 legislative session becomes law and contains a general fund appropriation, the reduction contained in paragraph I of this section shall be increased by the amount of such general fund appropriation.

130:11 Division of Alcohol and Drug Abuse Prevention and Recovery. Prior to expending or encumbering more than 50 percent of its biennial appropriation in any line within PAU 05-01-12 the director shall obtain approval from the joint legislative fiscal committee of proposed outcome measures of the division's performance. These measures shall identify desired results in terms of behavioral outcomes and shall relate to a specific time period using benchmarks and goals. The results of these measures shall be incorporated into a report to the speaker of the house of representatives, the senate president, and the governor no later than September 30, 2003.

130:12 Transfer of Funds by Division for Children, Youth, and Families, Department of Health and Human Services. Notwithstanding any other provision of law, the division for children, youth, and families, department of health and human services, may, with approval of the fiscal committee and the governor and council, transfer in each of the fiscal years 2002 and 2003 up to $200,000 in funds which would otherwise lapse to the salary adjustment fund from class 10, personal services permanent in components 05, 01, 08, 02, 01 and 05, 01, 08, 03, 01 to class 91 training in component 05, 01, 08, 06, 00, to provide training for social workers and juvenile probation and parole officers.

130:13 Supplemental Appropriation; Department of Administrative Services.

I. In addition to any other sums appropriated to the department of administrative services, the following sums are appropriated from the following sources for the purpose of funding the increased cost of state employee medical benefits for the fiscal years ending June 30, 2002 and June 30, 2003:

FY 2002

All	General	Federal	Highway	Turnpike	Fish & Game	Other
$8,000,000	$4,448,000	$896,000	$1,664,000	$176,000	$96,000	$720,000
FY 2003
All	General	Federal	Highway	Turnpike	Fish & Game	Other
$8,000,000	$4,448,000	$896,000	$1,664,000	$176,000	$96,000	$720,000

II. The department of administrative services shall allocate the appropriated amounts to departments, agencies, and branches. The governor is authorized to draw a warrant for said sums out of the appropriate funds.

130:14 Capital Appropriation. The sums hereinafter detailed are hereby appropriated for information technology projects specified to the departments, agencies, and branches named:

I. Department of Administrative Services	$1,750,000
II. Department of Education	$ 350,000
III. Department of Environmental Services	$ 832,000
IV. Department of Health and Human Services	$1,700,000
V. Department of Justice	$ 270,800
VI. Community-Technical College System	$ 659,380
VII. Judicial Branch	$2,400,000
VIII. Cultural Resources	$ 150,000
IX. Department of Revenue Administration	$ 530,000
TOTAL	$8,642,180

130:15 Bonds. To provide funds for the appropriation made in section 14 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $8,642,180 and for said purposes may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. The bonds issued under this section shall be 5-year bonds.

130:16 Estimates of Unrestricted Revenue:

GENERAL FUND	FY 2002	FY 2003
Beer Tax	$ 12,112,000	$ 12,212,000
Board and Care Revenue	10,400,000	10,800,000
Business Profits Tax	239,000,000	231,000,000
Business Enterprise Tax	54,500,000	56,500,000
Estate and Legacy Tax	58,000,000	54,800,000
Insurance Tax	62,000,000	63,000,000
Securities Revenue	27,500,000	28,500,000
Interest and Dividends	77,000,000	79,000,000
Liquor Sales & Distribution	93,000,000	96,500,000
Meals and Rooms Tax	168,000,000	185,000,000
Dog Racing	1,200,000	1,200,000
Horse Racing	2,600,000	2,700,000
Real Estate Transfer Tax	66,670,000	68,670,000
Communications Tax	67,700,000	70,900,000
Tobacco Tax	61,190,000	60,480,000
Utility Tax	5,400,000	5,500,000
Other	46,000,000	46,000,000
Court Fines and Fees	23,700,000	24,400,000
Tobacco Settlement Funds	4,000,000	4,400,000
Subtotal	1,079,972,000	1,101,562,000
Medicaid Enhancement Revenues	95,000,000	94,000,000

Net Appropriation for Uncompensated

Care Pool	13,400,000	13,400,000
TOTAL	$ 1,188,372,000	$ 1,208,962,000
HIGHWAY FUND	FY 2002_	FY 2003
Gasoline Road Toll	$ 124,000,000	$ 128,000,000
Motor Vehicle Fees	84,357,000	86,626,000
Miscellaneous	8,400,000	8,900,000
TOTAL	$ 216,757,000	$ 223,526,000
FISH AND GAME FUND	FY 2002_	FY 2003
Fish and Game Licenses	$ 7,681,000	$ 9,094,000
Fines and Penalties	119,000	119,000
Miscellaneous Sales	630,000	615,000
Indirect Costs	815,000	857,000
TOTAL	$ 9,245,000	$10,685,000
EDUCATION TRUST FUND	FY 2002_	FY 2003
Business Profits Tax	$ 36,900,000	$ 36,600,000
Business Enterprise Tax	113,500,000	105,500,000
Meals and Rooms Tax	8,000,000	8,400,000
Tobacco Tax	24,810,000	24,520,000
Real Estate Transfer Tax	32,830,000	33,830,000
Tobacco Settlement Funds	40,000,000	40,000,000
Utility Property Tax	18,800,000	20,500,000
Sweepstakes Net Income	64,000,000	66,000,000
State Property Tax-Retained Locally	454,000,000	453,045,000
State Property Tax-Not Retained Locally	29,100,000	32,680,000
TOTAL	$ 821,940,000	$ 821,075,000

130:17 Estimate of General Fund Undesignated Surplus.

GENERAL FUND

(Dollars in Thousands)

	FY 2002	FY 2003
Balance, July 1	$0	$21,624
Additions:
Unrestricted Revenue
Unrestricted Revenue-Net of Medicaid	1,079,972	1,101,562
Medicaid Enhancement Revenues	95,000	94,000
Uncompensated Care	13,400	13,400
Total Unrestricted Revenue	1,188,372	1,208,962
Appropriations:
Gross Appropriations (Section 1)	1,192,842	1,247,430
Legislative Specials	12,615	18,138
Footnote Reductions/Adjustments	(3,000)	(1,500)
Reduction in Judicial Appropriation	(4,293)	(4,749)
Total Appropriations	1,198,164	1,259,319
Less Lapses	(34,416)	(36,111)
Lapse Percent	2.87%	2.87%
Net Appropriations	1,163,748	1,223,208
GAAP Adjustment	(3,000)	(3,000)
Current Year Balance	21,624	(17,246)
Balance, June 30	21,624	4,378

130:18 Effective Date. This act shall take effect July 1, 2001.

(Approved: June 29, 2001)

(Effective Date: July 1, 2001)