HOUSE RECORD
First Year of the 162nd General Court
Calendar and Journal of the 2011 Session
Vol. 33 Concord, N.H. Friday, April 29, 2011 No. 36
Contains: Hearings, Meetings, Notices, House Bills Amended By the Senate, Reports and Amendments for May 4.
HOUSE CALENDAR
MEMBERS OF THE HOUSE:
The House will meet on Wednesday, May 4th at 10:00 a.m.
The 2011-2012 Roster is available in the House Clerk’s office. Each member is entitled to one copy of the Roster.
Chairmen and Vice-Chairmen will meet at 9:00 a.m. on Tuesday, May 3rd in Rooms 305-307 of the Legislative Office Building.
Groups wishing to sponsor events in the State House Cafeteria must first contact Director of Operations Doug Dolcino (271-3323) to avoid conflicts in the schedule. Members should not agree to sign calendar notices for such events unless they are sure this has been done. Your cooperation in this regard is appreciated.
For your planning purposes, please note that July will be the month in which the House takes a break. There will be no House committee hearings or work sessions, and no other legislative business will be conducted.
William L. O’Brien, Speaker
NOTICE
There will be a Republican Caucus on Wednesday, May 4 and Thursday, May 5 at 9:00 a.m. in Representatives Hall.
D.J. Bettencourt, Majority Leader
NOTICE
There will be a Democratic Caucus on Wednesday, May 4 at 9:00 a.m. in Rooms 305-307, LOB and on Thursday, May 5 at 9:00 a.m. at the Upham Walker House.
Terie Norelli, Democratic Leader
NOTICE
The Calendar closes at 3:00 p.m. on Wednesdays for scheduling and notices. It closes at noon on Thursdays for Committee Reports. Members and staff who need to schedule meetings should make arrangements with the Clerk’s Office for room availability/assignment and publication of meeting notices.
Karen O. Wadsworth, Clerk of the House
HOUSE DEADLINES
Thursday, May 5, 2011 Last day to act on SBs going to a second committee.
Wednesday, May 25, 2011 First day to file LSRs for the 2012 session.
Thursday, May 26, 2011 Last day to report all remaining SBs and list of retained SBs.
Thursday, June 2, 2011 Last day to act on Senate bills.
Wednesday, June 8, 2011 Last day to form Committees of Conference. Last day to file LSRs for the 2012 session.
Thursday, June 16, 2011 Last day to sign Committee of Conference reports.
Thursday, June 23, 2011 Last day to act on Committee of Conference reports.
Wednesday, November 2, 2011 Last day to report retained bills.
LAID ON TABLE
HB 37-FN-A, reestablishing the initial monthly gross charge exemption to the communications services tax. (Pending question: OTP – third reading.)
HB 154-FN-A, increasing a threshold amount for taxation under the business enterprise tax. (Pending question: OTP/A – third reading.)
HB 166-FN-A-L, reducing the rate of the meals and rooms tax. (Pending question: OTP – third reading.)
HB 213-FN-A, reducing the rate of the business profits tax. (Pending question: OTP/A - third reading.)
HB 292-FN, relative to securities regulation. (Pending question: adoption of majority committee amendment.)
HB 343-FN, establishing a permanent state defense force. (Pending question: adoption of majority committee report of inexpedient to legislate.)
HB 421, relative to candidates for United States senator. (Pending question: adoption of committee report of inexpedient to legislate.)
HB 484-FN, requiring random drug testing of food stamp program participants. (Pending question: adoption of committee report of inexpedient to legislate.)
HB 485-FN, relative to requiring photo identification for food stamp program participants. (Pending question: adoption of committee report of inexpedient to legislate.)
HB 573, relative to the administration of certain pain relief medications by a school nurse. (Pending question: adoption of committee report of inexpedient to legislate.)
HB 577, relative to the use of foreign languages by retail establishments. (Pending question: adoption of committee report of inexpedient to legislate.)
HCR 13, urging Congress to pass legislation against losses in value due to money supply by the federal reserve; restoring gold and silver money; and phasing out the federal reserve system. (Pending question: inexpedient to legislate.)
HCR 15, ordering our federal senators to vote against the Law of the Sea Convention. (Pending question: adoption of committee report of ought to pass with amendment.)
SB 133-FN, relative to reestablishing the exemption from property taxation for telecommunications poles and conduits. (Pending question: ought to pass.)
CONSENT CALENDAR
WEDNESDAY, MAY 4
COMMERCE AND CONSUMER AFFAIRS
SB 50, making various changes to laws regulating trusts and trust companies. OUGHT TO PASS WITH AMENDMENT.
Rep. David J Palfrey for Commerce and Consumer Affairs: This bill continues the long-standing legislative initiative to establish New Hampshire as a leading jurisdiction in the national market for financial, trust and fiduciary services and to attract the good, clean financial service jobs of that marketplace to New Hampshire. SB 50 makes changes to the statutes governing wills and trusts that will continue to maintain New Hampshire’s competitiveness among states in this growing economic sector. The committee amendment clarifies the authority of the probate court and certain state agencies and makes several minor editing and technical corrections to the bill as it passed the Senate. Vote 18-0.
SB 89, establishing a study committee on the procurement of health insurance by employee leasing companies. OUGHT TO PASS WITH AMENDMENT.
Rep. Chris F Nevins for Commerce and Consumer Affairs: Many companies choose to use employee leasing companies to run and organize human resources functions. The study committee will study the procurement of health insurance by these leasing companies, including whether these companies should be exempt from the rating requirements and other standards for small employer coverage. The committee agree with this need. Vote 18-0.
SB 116, relative to the manufactured housing installation standards board. OUGHT TO PASS WITH AMENDMENT.
Rep. Sean M McGuinness for Commerce and Consumer Affairs: This bill amends law pertaining to the manufactured housing installation standards board. The bill permits a licensed installer to place a warranty seal on a manufactured home. Currently, only a manufacturer can obtain a seal. The bill also allows the standards board to meet at the call of the board chair rather than only every 90 days. The bill also allows a licensed installer’s employer to provide a surety bond or a letter of credit on behalf of the licensee. Finally, the committee adopted an amendment which exempted certain temporary construction units (on site trailers) from the third party inspection process required of residential units under RSA 205 C-1. Industry advocates and state fire officials are not in conflict over this technical change. Vote 18-0.
SB 122, establishing a committee to study the laws relating to electronic prescriptions. OUGHT TO PASS.
Rep. Chris F Nevins for Commerce and Consumer Affairs: This bill seeks to improve and encourage the use of electronic prescriptions with private medical practices. Currently most New Hampshirehospitals already have such a system which has proven to be successful at reducing costs and eliminating errors. A committee will be established to study the laws relating to electronic prescriptions and will report its findings by Nov. 1, 2011. Vote 17-1.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
SB 33-FN, relative to retired state employee contributions for medical benefits costs. OUGHT TO PASS WITH AMENDMENT.
Rep. Kenneth Hawkins for Executive Departments and Administration: This bill, introduced at the request of the department of administrative services, authorizes the department to collect from retired state employees under the age of 65 the statutorily required premium of $65.00 per month for a single retiree or $130.00 per month for a retiree and spouse. This provision applies both to retirees who receive a retirement allowance and retirees who do not receive an allowance. The amendment adds a reenrollment clause for retirees whose benefits were terminated for nonpayment, within six months of the termination date, upon payment of any outstanding contribution or other amount. Vote 15-1.
SB 76-FN, relative to the authority of the department of revenue administration to adopt rules and to administer state tax laws. INEXPEDIENT TO LEGISLATE.
Rep. Peter T Hansen for Executive Departments and Administration: The committee felt that this bill required additional work before it could be considered, and that HB 564, currently retained by Ways and Means, would be the best way to address the issues in SB 76 as they are similar. Vote 17-0.
SB 81-FN, relative to powers and duties of commissioners of executive branch agencies, and relative to the extension of the expired term of a commissioner or agency head. OUGHT TO PASS.
Rep. Randall A Whitehead for Executive Departments and Administration: This bill will improve the functionality and efficiency of departments, should re-assignment of employees be necessary, by allowing the commissioner to transfer or re-assign personnel, or to delegate, transfer or assign the authority to administer within components of the agency. This bill limits the extension of the service of a commissioner or agency head as a holdover from an expired term. There is no fiscal impact resulting from this bill. Vote 13-1.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
SB 51, relative to the establishment of a state leadership team to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community. OUGHT TO PASS WITH AMENDMENT.
Rep. Frank R Kotowski for Health, Human Services and Elderly Affairs: As amended, the bill requires that the department of health and human services initiate action to produce a Memorandum of Understanding among itself, the department of corrections and the attorney general. The Memorandum of Understanding shall outline responsibilities, including the roles each will take in the future in addressing issues concerning adults with developmental disabilities who could potentially present a substantial risk to the community. Vote 16-0.
SB 72-FN, establishing a comprehensive cancer plan fund. OUGHT TO PASS WITH AMENDMENT.
Rep. Laurie Harding for Health, Human Services and Elderly Affairs: This bill, as amended, gives the department of health and human services (DHHS) the authority to establish a cancer fund should new grants or private monies become available. SB 72 does not require or request any state dollars. The commissioner of DHHS, in collaboration with the Cancer Collaborative, will direct the use of the funds. Maintaining the possibility of a fund specifically for projects related to cancer makes a statement that New Hampshire continues to recognize that this disease is an issue for its citizens. Vote 16-0.
SB 151-FN, relative to contracts of the department of health and human services. OUGHT TO PASS WITH AMENDMENT.
Rep. Frank R Kotowski for Health, Human Services and Elderly Affairs: This bill requires the commissioner of the department of health and human services to develop a plan to consolidate contracts of the department including, but not limited to, contracts for the acquisition of goods and services and for the provision of services to clients of the department no later than January 1, 2012. The plan shall be presented for review and comment by the health and human service oversight committee. For the remainder of the biennium ending June 30, 2013, the commissioner shall provide reports to the health and human service oversight committee of the contract consolidation plan. Vote 16-0.
PUBLIC WORKS AND HIGHWAYS
SB 195, naming the Manchester Airport Access Road for Raymond Wieczorek. OUGHT TO PASS.
Rep. Peter E Ramsey for Public Works and Highways: The majority of the committee on Public Works and Highways endorses the concept of naming the Manchester Airport Access Road, Raymond Wieczorek Drive. District 4 Executive Councilor Wieczorek has spent his entire life serving the public, as a U.S. Army Korean War Veteran, served on over 20 non-profit and charitable groups, Commissioner of Manchester Housing and Redevelopment Authority, Mayor City of Manchester, for 5 terms, Manchester Airport expansion, Verizon Wireless Arena, redevelopment of Manchester’s historic Millyard, named Greater Manchester Chamber of Commerce Citizen of the year 1999. The committee feels that his many lifelong accomplishments and kind spirit is deserving of this wonderful honor. The committee vote of 13-2 is highly supportive, considering that Public Works members have a long history of attempting to avoid honoring living citizens with naming honors. The two votes in opposition to this measure reflect this position, not an opinion on the subject matter. The department of transportation has indicated that there would be no financial impact. Vote 13-2.
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM
SB 75-FN, relative to clarification of part-time service in the state retirement system. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward P Moran for Special Committee on Public Employee Pensions Reform: This bill as amended defines part time employment for the New Hampshire Retirement System. It sets the maximum hours to 1,300 per year to qualify as part time for both Group I and Group II. It prohibits retired members from returning and collecting both a pension and full pay (double dipping). It also eliminates the option of a person to not participate in the NHRS for unclassified employees. Vote 13-0.
REGULAR CALENDAR
WEDNESDAY, MAY 4
COMMERCE AND CONSUMER AFFAIRS
SB 148-FN, relative to health insurance coverage and declaring that the attorney general should join the lawsuit challenging the Patient Protection and Affordable Care Act. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Andrew J Manuse for the Majority of Commerce and Consumer Affairs: Federal district courts in Virginia and Florida have found the Patient Protection and Affordable Care Act unconstitutional. Currently, these lawsuits, filed by 28 states, appear headed to the U.S Supreme Court for a final ruling. The crux of these rulings has been the provision that requires individuals to purchase a health insurance policy or face a penalty. SB 148, with the committee amendment, does three things to halt the negative consequences of this federal takeover of our health care system. First, it makes clear that no resident of the “Live Free or Die” state should ever be forced to buy health insurance or face a penalty. Second, this bill affirms the House position of HB 89, instructing the attorney general to join 26 other states involved in the Florida lawsuit. Finally SB 148 also directs the insurance department to return the $666,000 the federal government sent in planning funds back to Washington to help pay down the massive federal deficit. Taken together, these three steps send a clear message that New Hampshire will neither be a willing participant in this health care scheme that will rob consumers of freedom and drive up costs to state and federal taxpayers, nor will it waste federal taxpayer dollars on implementing a law that will likely be invalidated ultimately. Vote 12-4.
Rep. Donna L Schlachman for the Minority of Commerce and Consumer Affairs: The minority disagrees with the claim, in the majority’s amendment to this bill, that the Patient Protection and Affordable Care Act is “unconstitutional and therefore likely to be invalidated.” According to Kaiser Health News, a nonprofit news organization covering health care policy and politics, of the 25 lawsuits that have made their way to the courts, only two (2) have overturned the law. Seven (7) have ruled that the law is constitutional and dismissed the suits; six (6) cases have been dismissed due to lack of standing or procedural problems; one (1) was dismissed and is being allowed to re-file; and nine (9) are still pending without a decision. Since many New Hampshire citizens already are benefitting from now-effective provisions of the health law, which include not just small business tax credits for the purchase of health coverage but the elimination of lifetime limits, and of pre-existing condition exclusions for children under age 19, the minority does not feel that it is in the best interests of our citizens to join a lawsuit. Beyond making a symbolic point to the attorney general’s office and to our congressional delegation, this bill does nothing to improve health care access or affordability for businesses and individuals in New Hampshire. To the contrary, this bill as amended would have the New Hampshire insurance department return “any grant funds” related to implementing the Patient Protection and Affordable Care Act, including the exchange planning grant funds. Health insurance exchanges are aimed to make it easier for businesses and consumers to comparison shop by increasing cost-transparency and choice, leveraging competition in the marketplace for private health insurance. Under the health law, the federal government has made “exchange planning” funds available to the states to explore whether or not they would like to create a state-based exchange, and what the options are for creation of any exchange that would meet a state’s specific needs. As a result of this exploration, if a state chooses to create and design its own exchange, it can establish an exchange that meets its own needs at no cost to the state. But if a state turns away this grant, any exchange would revert to the control of the federal government. And so, in our case, the feds would create an exchange in New Hampshire that they have designed, and by which we would have to abide, without New Hampshire input or control. As a result, 46 other states are using the federal grant dollars to move forward with exchange evaluation and planning, including those that have filed suit against the new health law. With small businesses and consumers in our state being crushed by rising health care costs, it is simply a mistake for the legislature to reject this prudent opportunity to use federal grant dollars to explore such a promising marketplace option. The minority believes that this bill is not the New Hampshire way, and is a step backward for New Hampshire’s ability to control its own future and to develop opportunities which would benefit our citizens.
SB 160-FN, relative to the definition and regulation of installment loans. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Sean M McGuinness for the Majority of Commerce and Consumer Affairs: This bill seeks to authorize and regulate legal commerce in the area of consumer installment loans. The bill permits installment loan lenders to conduct business in our state under certain conditions and offers alternative sources of credit to NH consumers who wish to access such credit. Opponents of the bill argue that some lenders engaged in this business are by their nature predatory and may seek to abuse the consumer with onerous or unfair terms. Opponents further suggest that NH consumers are susceptible to deceptive practices and may otherwise act in desperation and/or are not otherwise capable of making well informed personal financial decisions on their own. The majority of the committee voted to reject the logic of the opposition in favor of a view that NH consumers are not presumed to be incompetent and should not be unreasonably restricted or prohibited from accessing well regulated loan products that are appropriate to their individual needs. Further, the committee recognized that the consumers benefit by having an option that will be properly regulated by the NH banking department. Prior to this legislation, no supervisory regulatory controls exist to protect New Hampshire consumers who currently access this kind of lending through the internet, across state lines or through alternative private sources. Vote 16-2.
Rep. Donna L Schlachman for the Minority of Commerce and Consumer Affairs: The minority understands that, in times of unexpected financial difficulty, those with poor credit histories and limited financial resources have few places to turn for assistance. This bill, however, is not the answer to responsible lending and, as we learned in the public hearing, does not reflect best practice in short-term lending. While “installment loan” sounds better than “payday loan,” the provisions in this bill do not protect consumers from predatory lending that comes with three-digit interest rates and “rollover” features. In addition, these loans are not based on the borrower’s ability to pay, and lenders are allowed to charge up to 35% of the borrower’s gross monthly income. The argument that these loans are a way to establish good credit going forward is not supported by the fact that these lenders do not report to credit rating agencies. In addition, it has been shown nationally that people average 9 of these “short-term” loans per year. We should not confuse the freedom of individuals to make their own financial decisions with a public policy that discourages financial education and long term planning, and which often trades one financial emergency for another.
SB 162-FN, relative to federal health care reform 2010. OUGHT TO PASS WITH AMENDMENT.
Rep. Andrew J Manuse for Commerce and Consumer Affairs: In the interim period while the committee studies the various options for opting-out of the Patient Protection and Affordable Care Act of 2010, and also whether to prevent its further implementation, this bill would require all actions of “any state official or agency that seeks to enforce the insurance provisions of the act” to obtain approval from an oversight committee made up of two senators and three representatives. This oversight committee would continue to check the carte blanche authority of state bureaucrats and ensure that they are not taking any actions against the will of the legislature, and indirectly, the will of the people. At this point, such an oversight committee is needed to prevent unnecessary steps toward adoption of an act that the legislature may ultimately decide not to adopt. Vote 16-2.
EDUCATION
SB 82-FN, extending the state board of education's authority to approve chartered public schools and relative to the funding of chartered public schools approved by a school district. OUGHT TO PASS WITH AMENDMENT.
Rep. Michael A Balboni for Education: The current 10-year pilot program allows the state board of education to approve up to 20 public charter schools. The pilot program has been a success and the bill would allow the state board of education to approve additional public charter schools with no set time limit. The bill also allows public charter schools to apply for federal funds specifically designated for charter schools. The bill ensures that the state adequacy aid ($3450) follows the student when a child goes to an out of district charter school. The committee amendment, instead of returning to the education trust fund any allocated but unspent charter school funds at the end of each fiscal year, allows unspent funds in excess of $50,000 to be distributed to all public charter schools (except VLACS, the Virtual Learning Academy Charter School) approved by the state board of education on a prorated, per pupil basis. These additional measures will assist cash-strapped charter schools with much needed additional funding. The NH department of education and the NH Public Charter School Association testified in favor of the bill. Vote 16-1.
ELECTION LAW
SB 129-FN, relative to presenting photo identification to vote in person and relative to the election fund. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Kathleen M Hoelzel for the Majority of Election Law: This bill requires a voter to present a valid photo I.D. to the ballot clerk prior to voting. There are provisions in the bill to allow a “provisional ballot” to be submitted if the individual does not have the identification with them. The individual would need to present the valid photo I.D. within three days of the election in order that the provisional ballot be counted. There are also provisions for a voter to obtain a photo I.D. card free of charge if he/she does not have a valid photo I.D. Vote 13-5.
Rep. David M Pierce for the Minority of Election Law: The amendment to this bill passed even though there were substantial questions that were not answered or even discussed, and the few answers the committee did get should have compelled a vote to retain the bill. The committee did not discuss whether the bill is constitutional under Part I, Article 11 of the New Hampshire constitution. The committee never even discussed the framework that should be used to analyze its constitutionality. The committee couldn’t answer the question about whether the bill would be subject to the constitution’s rational basis test or to a strict scrutiny analysis. The list of substantial and genuine questions about the bill goes on and on. Here’s what the committee should have done: The bottom line is that the committee should have retained the bill. It should have honored its constitutional duty to pass legislation only once it satisfied itself that the bill is itself constitutional and that all relevant questions were asked, answered and adequately addressed. What the committee passed on to the House falls far below the high standards that the House Election Law Committee usually sets for itself and is not yet worthy of the House’s consideration. The right to vote is the most fundamental right we have to keep government in its place. We ought to know what we’re doing before we reform it in such a profound and fundamental way.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HJR 4, prohibiting the implementation of certain rules of the board of medicine. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Peter B Schmidt for the Majority of Executive Departments and Administration: This joint resolution seeks to address alleged deficiencies in the board of medicine’s procedures with regard to the retention and/or disclosure of confidential information, in the view of a majority of the joint legislative committee on administrative rules. After consideration, analysis and discussion by the committee, a strong bi-partisan majority concluded that the remedies proposed in the HJR are themselves defective and unworkable and that the board of medicine’s policy regarding disclosure of confidential information, to which the JLCAR majority objected and seeks to enjoin, is in fact specifically authorized by the existing relevant statute. As to the retention of confidential information by the board, the administrator testified before the JLCAR that once a determination has been made by the board that allegations of misconduct are not supported by the facts, that the records are destroyed as soon as possible, as storage space for records is very scarce. Vote 8-4.
Rep. Kenneth Hawkins for the Minority of Executive Departments and Administration: The minority of the committee asserts that the board of medicine rules present a serious risk of inconsistent treatment in cases of physician’s errors or omissions. By leaving the extent of discipline, or the release of confidential records to law enforcement or other regulatory bodies, solely to the Board’s discretion, with no guidance or criteria specified in statutes or rules, they make it impossible to ensure equal justice. While the board has not yet demonstrated grievously inconsistent actions, that is due to their institutional memory and good luck. The Board has steadfastly refused to clarify its judgmental criteria in writing. JLCAR has struggled with this issue for over a year, and has been unable to convince itto document its processes. A joint resolution is necessary to enforce legislative intent on a recalcitrant board.
SB 170, relative to the New Hampshire Medical Malpractice Joint Underwriting Association. OUGHT TO PASS WITH AMENDMENT.
Rep. Randall A Whitehead for Executive Departments and Administration: This bill correctly returns any New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA) excess funds to the policyholders, whose contributions result in any surplus funds. The state shall not, in any way, take such funds for any purpose. This bill also requires a reserve of $25,000,000 for the payment of any federal tax liability. Furthermore, funds that cannot be distributed to a policyholder shall revert to the NHMMJUA to provide grants in aid to health care providers servicing medically underserved populations to assist in the NHMMJUA coverage. This bill requires that the NHMMJUA policyholders, the insurance commissioner, and the NHMMJUA would jointly approach the United States IRS to obtain a closing agreement to determine whether the NHMMJUA has any federal tax liabilities arising from excess premiums paid. The committee amendment clarifies that any payments are taxable to the recipient and creates a study committee to determine the proper structure for the JUA going forward. Vote 14-3.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
SB 93, relative to pharmacist administration of vaccines. OUGHT TO PASS.
Rep. Donald L LeBrun for Health, Human Services and Elderly Affairs: This bill authorizes pharmacists to administer pneumococcal and varicella zoster vaccine (shingles) in addition to influenza. The bill requires administering pharmacists to meet certain requirements and certifications as well as provide documented record keeping to be shared with the patient’s primary physician. Vote 13-3.
RESOURCES, RECREATION AND DEVELOPMENT
SB 154-FN, reforming and renaming the comprehensive shoreland protection act. OUGHT TO PASS WITH AMENDMENT.
Rep. Christopher J Ahlgren for Resources, Recreation and Development: This bill is a major rework of the comprehensive shoreland protection act. It also gives it a more definitive name, the shoreland water quality protection act. This major environmental act was established in 1991 to protect surface waters of the state. This bill addresses the concerns of landowners who felt the original bill was too unwieldy and needlessly infringed on property rights. The shoreland advisory committee, established in RSA 483-B:21, recently held its first meeting, and will continue to review and comment, for any future legislation, on policies and programs relating to this act. SB 154 is just the first important step in the process of reform required to ensure a balance between appropriate environmental protection and property rights of the citizens of New Hampshire. Passage of this bill is a win for landowners, having simplified compliance standards, reduced fees and adding a permit by notification process that allows construction to proceed after ten days on minor projects. Vote 16-0.
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM
SB 3-FN-A-L, making comprehensive changes to the state retirement system. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Kenneth Hawkins for the Majority of Special Committee on Public Employee Pensions Reform: This bill is much like HB 580 in that it is making changes to the New Hampshire Retirement System. The committee has amended it to reflect the House position on a number of retirement issues. Changes to age requirements, years worked and contribution rates are addressed in the bill. The committee feels that this bill will help strengthen the new retirement system’s ability to pay current and future retires their pension. Vote 10-3.
Rep. Stephen J Shurtleff for the Minority of Special Committee on Public Employee Pensions Reform: This bill would make substantial changes in employee contributions to the New Hampshire Retirement System (NHRS) and the methodology of how employees retirement benefits are computed. There are several areas of concern with SB 3. The bill refers to employees “who have not obtained vested status by January 1, 2012” as being subject of this legislation, as well as new employees. However, there is a legal question regarding the definition of the word “vested” as used in this bill. The bill’s drafters used the word “vested” to mean those employees who have been employed for ten or more years and eligible for pensions through the NHRS. But as has been pointed out by legal counsel, under well established case law and in accordance with legal opinions of the New Hampshire Attorney General’s Office “vested” status is attained by members of the NHRS upon attainment of permanent employment status, usually after a one year probationary period is successfully completed. Sadly, this bill also contains what is referred to as a “poison pill” provision. Under section 39 of the bill, if any employee challenges this bill in court and any part of the bill is found to be contrary to the constitution of our state or of the United States then section 36 of the bill will come in to effect. This section states that employees contribution to the NHRS will increase as employees will now also be responsible for 50% of the normal contribution as well as 50% of the accrued liability contribution. By including this provision we are saying that if one segment of our population attempts to use its God given rights to challenge the constitutionality of any legislation passed by the New Hampshire House, they will be penalized for doing so. It is not right to say to anyone or any group that if you look to our constitution for protection of your rights, then you do so at your own peril. This is not the American way or theNew Hampshire way, and should not be part of any legislation emanating from this body.
WAYS AND MEANS
CACR 5, relating to the governor's power to reduce appropriations. Providing that the governor shall have line item reduction power of items in any bill making appropriations of money. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Norman L Major for the Majority of Ways and Means: The line-item veto is a tool used by 43 states as a mechanism to reduce spending. This bill would give the governor the ability to identify specific line items in the state budget for reductions. The legislature would then have the opportunity to override these vetoes and restore this funding, if appropriate. This is a common sense tool to deliver limited government and to protect New Hampshire’s taxpayers. In an era of overspending, this is an important measure to bring fiscal discipline back to state government. If this CACR were passed it would go on the 2012 general election ballot, where it would require a 2/3rd vote of the public to become part of the state budget. Vote 14-5.
Rep. Christine C Hamm for the Minority of Ways and Means: This resolution violates a longstanding principle of New Hampshire government, as the state’s constitution was created with the deliberate intention of reducing absolute control of the governor by providing that executive powers be shared among him/her and a five-person Executive Council. This resolution, on the other hand, would remove that oversight by giving the governor sole power to make line item reductions, even removals, in any bill making major appropriations of money, thus distorting the original principle by allowing one person rather than six to make the state’s most significant financial decisions. It should be noted that this not only diminishes the authority of the Executive Council but also greatly reduces the power of the 424 elected members of the legislative branch. While it may be argued that constitutional amendments should go to the voters to be decided upon, if that principle were followed to its logical conclusion, the legislature could defer voting on any legislation and instead pass it along to the voters to decide. The fact is when New Hampshire voters elect their representatives, indeed the most representative body in all 50 states, they do so with the expectation that their elected delegates will assume the responsibility to make such decisions.
SB 58-FN-A, adding qualified community development entities to the definition of "qualified investment company" under the business profits tax and the business enterprise tax. OUGHT TO PASS WITH AMENDMENT.
Rep. Gary S Azarian for Ways and Means: This bill adds qualified community development entities to the definition of “qualified investment company” under the BPT and BET. The bill clarifies that a New Hampshire resident investor in a qualified investment company is only taxed on his or her proportionate share of interest and dividend income earned by the qualified investment company. The bill also clarifies tax treatment of capital gains earned by holders of ownership interests in qualified investment companies, mutual funds, and unit investment trust. More importantly the bill will entice greater investment into New Hampshire by offering tax credits on projects in distressed areas through federal new market tax credits, these credits keep down the cost of projects especially in distressed areas, and are implemented by the business finance authority. Vote 20-0.
HOUSE BILLS AMENDED BY THE SENATE
HB 33, relative to the care of memorials in Franconia Notch state park. (SJ 4/20/11)
HB 47, relative to inactive license status for real estate brokers and salespersons. (SJ 4/20/11)
HB 55, adding a member to the exotic aquatic weeds and species committee. (SJ 4/13/11)
HB 67, expanding the duties of the school administrative unit oversight committee. (SJ 4/13/11)
HB 70, relative to changes to town charters. (SJ 4/13/11)
HB 71, authorizing establishment of pharmaceutical drug take-back programs. (House Concurred 4/27/11)
HB 90, relative to enforcement of the requirement of boaters to have a safe boater education certificate. (SJ 4/20/11)
HB 132, adopting and implementing the United States flag code. (SJ 4/20/11)
HB 155, relative to permits to conduct raffles. (SJ 4/13/11)
HB 278, setting the natural high water mark of Ossipee Lake. (SJ 4/13/11)
HB 444-FN, relative to the commemoration of General John Stark Day. (House Concurred 4/27/11)
HB 464-FN, requiring the transfer of certain retirement system group II special account funds to the state annuity accumulation fund. (House Concurred 4/27/11)
HB 474-FN, relative to freedom of choice on whether to join a labor union and eliminating the duty of a public employee labor organization to represent employees who elect not to join or to pay dues or fees to the employee organization. (SJ 4/20/11)
HB 483-FN-L, relative to mosquito control. (SJ 4/20/11)
HB 622, relative to adjustments to the semi-annual and quarterly collection of property taxes in towns and cities. (SJ 4/13/11)
COMMITTEE MEETINGS
FRIDAY, APRIL 29
TASK FORCE ON STATE PROCUREMENT POLICIES AND PROCEDURES (RSA 21-T:1), Commissioner’s Conference Room 185, DOT, John O. Morton Building, 7 Hazen Drive, Concord
9:00 a.m. Subcommittee work session.
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62), Rooms 305-307, LOB
9:00 a.m. Regular meeting.
MONDAY, MAY 2
COMMISSION TO STUDY BUSINESS TAXES (RSA 77-F:1), Room 202, LOB
1:00 p.m. Regular meeting.
FISCAL COMMITTEE (RSA 14:30-a), Rooms 210-211, LOB
10:00 a.m. Regular business.
10:30 a.m. Audits: State of New Hampshire single audit of federal financial assistance programs for the year ended June 30, 2010.
State of New Hampshire, Department of Health and Human Services, Glencliff Home financial audit report for the fiscal year ended June 30, 2010.
State of New Hampshire, Police Standards and Training Council financial audit report for the six months ended December 31, 2010.
TASK FORCE ON WORK AND FAMILY (RSA 276-B:1), Room 206, LOB
1:15 p.m. Regular meeting.
TUESDAY, MAY 3
CHILDREN AND FAMILY LAW, Room 206, LOB
10:00 a.m. Subcommittee work session on retained HB 591, relative to the determination of parental rights based on the best interest of the child; relative to grounds for modification of an order regarding parental rights and responsibilities, and relative to grandparent and stepparent visitation rights.
COMMERCE AND CONSUMER AFFAIRS (BANKING/BUSINESS DIVISION), Room 302, LOB
10:00 a.m. SB 197, regulating guaranteed price plans and prepaid contracts for heating oil, kerosene, or liquefied petroleum gas.
10:45 a.m. SB 189, relative to the definition of mortgage loan originator.
1:15 p.m. SB 111, relative to short sales of a homeowner's residence.
2:15 p.m. SB 120, relative to alcoholic beverage advertising restrictions.
Work sessions on these bills may follow the `public hearings.
CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB
10:00 a.m. Executive session on SB 123, relative to notification if a person found incompetent to stand trial and civilly committed is released into the community, SB 180, establishing a committee to study the availability of community supervision programs for prisoners released on probation or parole.
1:00 p.m. Subcommittee work session on SB 52-FN, excluding persons convicted of violent crimes and sexually violent persons from mandatory early release on probation or parole.
EDUCATION, Rooms 205-207, LOB
1:00 p.m. Executive session on SB 45, relative to criteria for designation as a Granite State scholar, SB 90, directing the legislative oversight committee to study the consolidation of school administrative units, SB 96, relative to amending the charter of The Pinkerton Academy.
ENVIRONMENT AND AGRICULTURE, Room 303, LOB
10:00 a.m. Legislation and current use presentation.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
10:30 a.m. Educational tour of the New Hampshire Hospital.
JUDICIARY, Room 208, LOB
8:30 a.m. Subcommittee work session on SB 63, relative to the list of bail bondsmen and prohibiting law enforcement and corrections officers from indicating preferences for bail bond companies.
10:00 a.m. Executive session on SB 12-FN, relative to screening panels for medical injury claims, SB 109, establishing a committee to study the foreclosure process in New Hampshire, SB 36, relative to the permanent siting of the Hampton-Exeter District Court, SB 64, removing the oath requirement for criminal complaints filed by police officers.
LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES, Room 307, LOB
10:15 a.m. Full committee work session on SB 49, relative to tip pooling arrangements.
RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB
1:00 p.m. Executive session on SB 20, relative to shoreland protection permits, SB 21, relative to exemptions from excavating and drainage permits, SB 32, relative to water withdrawals for snow making, SB 38, relative to extensions for wetland and shoreland permits, SB 47, extending the commission to study water infrastructure sustainability funding, SB 105, exempting highway trail crossing from evaluation requirements for certain all terrain and trail bike trails, SB 107, establishing a committee to study the effectiveness of criteria for establishing ATV and trail bike trails on state lands, SB 100, relative to the size limitations on OHRVs operating in Jericho Mountain state park, and the definition of utility terrain vehicle.
TRANSPORTATION, Room 203, LOB
10:00 a.m. Executive session on SB 27, relative to speed limitations for boats, SB 98, revising the international registration plan, SB 99, relative to trailer brakes.
11:00 a.m. Full committee work session on retained HB 455-FN, authorizing optional enhanced drivers' licenses and optional enhanced nondrivers' picture identification cards.
11:15 a.m. Full committee work session on retained HB 354, relative to licensure requirements for retail vehicle dealers.
11:30 a.m. Full committee work session on Senate amendments to House Bills.
WAYS AND MEANS, Room 202, LOB
Work session on revenue estimates:
10:00 a.m. Lottery Commission.
10:30 a.m. Department of Revenue Administration.
WEDNESDAY, MAY 4
EDUCATION OF CHILDREN WITH DISABILITIES ADVISORY COMMITTEE (RSA 186-C:3-b), Department of Education, Room 15, 101 Pleasant Street, Concord
4:30 p.m. Regular meeting.
THURSDAY, MAY 5
CHILDREN AND FAMILY LAW, Room 206, LOB
10:00 a.m. Rescheduled subcommittee work session on retained HB 415, relative to access to abuse and neglect investigation records pending a child custody dispute, HB 506-FN, relative to false allegations of child abuse.
FINANCE, Rooms 210-211, LOB
10:00 a.m. SB 56-FN, authorizing the department of revenue administration to accept credit card and debit card payments of taxes.
11:00 a.m. SB 161-FN, relative to procedures for adoption of agency rules under the administrative procedures act.
Executive session may follow.
1:30 p.m. Full committee work session on SB 56-FN, authorizing the department of revenue administration to accept credit card and debit card payments of taxes.
2:00 p.m. Or immediately following the work session on SB 56, full committee work session on SB 161-FN, relative to procedures for adoption of agency rules under the administrative procedures act.
3:00 p.m. Or immediately following the work session, executive session on SB 56-FN, authorizing the department of revenue administration to accept credit card and debit card payments of taxes, SB 161-FN, relative to procedures for adoption of agency rules under the administrative procedures act.
MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB
10:00 a.m. Continued executive session on SB 2, relative to adoption of spending caps by municipalities.
1:30 p.m. SB 144, relative to extending certain permits and approvals.
Executive session may follow.
FRIDAY, MAY 6
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB
9:00 a.m. Continued regular meeting.
MONDAY, MAY 9
SPECIAL COMMITTEE ON EDUCATION FUNDING REFORM, Room 207, LOB
9:30 a.m. SB 183-FN-L, amending the calculation and distribution of adequate education grants, repealing fiscal capacity disparity aid, and providing stabilization grants to certain municipalities.
Executive session may follow.
TUESDAY, MAY 10
EDUCATION, Room 207, LOB
1:00 p.m. SB 95, establishing a commission to study youth sports concussions and other concussions received while at school.
Executive session may follow.
1:30 p.m. Executive session on SB 37, relative to the determination of residency for certain pupils, SB 117, relative to private postsecondary career schools and the student tuition guaranty fund, SB 196, relative to the renomination or reelection of teachers and prohibiting assessing teacher performance based solely on assessment scores.
LONG-RANGE CAPITAL PLANNING AND UTILIZATION (RSA 17-M), Room 201, LOB
3:00 p.m. Regular business.
PUBLIC WORKS AND HIGHWAYS, Room 201, LOB
10:00 a.m. Information session: Department of Transportation.
SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB
10:15 a.m. Rescheduled telecom market regulatory briefing from NH PUC.
1:15 p.m. Rescheduled public hearing on SB 22, relative to alternative regulation of small incumbent local exchange carriers.
Executive session may follow.
THURSDAY, MAY 12
SPECIAL COMMITTEE ON EDUCATION FUNDING REFORM, Rooms 210-211, LOB
10:00 a.m. Full committee work session on SB 183-FN-L, amending the calculation and distribution of adequate education grants, repealing fiscal capacity disparity aid, and providing stabilization grants to certain municipalities.
FRIDAY, MAY 13
NEW HAMPSHIRE COMMISSION ON DEAFNESS AND HEARING LOSS (RSA 125-Q), Room 205, LOB
1:30 p.m. Regular meeting.
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD PROGRAM (RSA 99-E), Room 101, LOB
9:30 a.m. Regular meeting.
MONDAY, MAY 16
COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2), NH Higher Education Assistance Foundation, 4 Barrell Court, Concord
10:00 a.m. Regular meeting.
COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T:1), Room 305, LOB
10:00 a.m. Regular meeting.
SPECIAL COMMITTEE ON EDUCATION FUNDING REFORM, Room 207, LOB
10:00 a.m. Executive session on SB 183-FN-L, amending the calculation and distribution of adequate education grants, repealing fiscal capacity disparity aid, and providing stabilization grants to certain municipalities.
TUESDAY, MAY 17
EDUCATION, Room 207, LOB
1:00 p.m. Executive session on SB 67, establishing a committee to study school vouchers and school choice, SB 95, establishing a commission to study youth sports concussions and other concussions received while at school, SB 192, establishing a commission to identify strategies needed for delivering a 21st century education, SB 194, transferring all real and personal property from the former department of regional community-technical colleges to the board of trustees of the community college system of New Hampshire.
THURSDAY, MAY 19
JUDICIARY, Room 208, LOB
10:00 a.m. Briefing by the Judicial Conduct Committee.
FRIDAY, MAY 20
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 205-207, LOB (Please note room change.)
9:00 a.m. Regular meeting.
ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION (RSA 282-A:128), NH Employment Security, 32 South Main Street, Concord
9:00 a.m. Regular meeting.
GUARDIANS AD LITEM BOARD (RSA 490-C:1), Room 102, LOB
12:00 p.m. Regular meeting.
MONDAY, MAY 23
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21), Room 101, LOB
3:00 p.m. Regular meeting.
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13), Room 205, LOB
1:00 p.m. Regular meeting.
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c), Room 101, LOB
9:00 a.m. Regular meeting.
TUESDAY, MAY 24
EDUCATION, Room 207, LOB
1:00 p.m. Executive session on SB 172, relative to performance-based school accountability criteria.
THURSDAY, MAY 26
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13), Room 205, LOB
1:30 p.m. Medical sharps subcommittee meeting.
FRIDAY, MAY 27
NEW HAMPSHIRE RAIL TRANSIT AUTHORITY BOARD OF DIRECTORS (RSA 238-A:2), Room 201, LOB
10:00 a.m. Regular meeting.
OFFICIAL NOTICES
COUNTY DELEGATION NOTICE
Rockingham County Executive Committee will meet for the first quarter budget review on Friday, April 29, 2011 at 9:30 a.m. in the Hilton Auditorium at the Rockingham County Nursing Home inBrentwood.
Rep. David A. Welch, Clerk
Rockingham County Executive Committee
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REVISED FISCAL NOTES
The following House and Senate Bills have a revised fiscal note: HBs 25, 26, 35, 37, 49, 72, 131, 154, 186, 205, 206, 213, 222, 224, 225, 228, 229, 231, 232, 234, 238, 242, 256, 261, 262, 264, 265, 266, 268, 270, 274, 276, 277, 284, 288, 292, 293, 299, 302, 303, 309, 310, 311, 325, 329, 330, 332, 333, 335, 337, 340, 343, 345, 353, 356, 365, 368, 369, 377, 388, 411, 418, 419, 420, 439, 440, 441, 444, 448, 451, 452, 453, 454, 456, 459, 461, 462, 463, 464, 465, 466, 467, 468, 470, 471, 472, 477, 479, 480, 481, 482, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 502, 504, 505, 506, 507, 509, 515, 517, 518, 519, 522, 523, 528, 529, 537, 539, 542, 557, 569, 571, 601, 602, 609, 619, 621, 626, 627, 628, 629, 634, 636, 637, 638, 639, 640, 641, 642. SBs 1, 3, 20, 21, 22, 53, 58, 129, 147, 152, 154, 156, 161, 162, 170.
Karen O. Wadsworth, Clerk of the House
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When the House Clerk’s Office is aware of House Members who are hospitalized or homebound by serious illness, we will publish a list of names and addresses as requested.
Rep. Ronald J. Belanger, PO Box 415, Salem, New Hampshire 03079-0415
Colleagues who so desire may send cards and greetings to the address listed above.
Karen O. Wadsworth, Clerk of the House
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MEMBERS’ NOTICES
The following notices are published in the House record as a courtesy to the member(s) requesting publication. These are not official public notices and will be limited to legislative policy or legislative social activities and political meetings or events. Publication should not be construed as support for either the events listed or the views espoused by the individual or organization sponsoring the event.
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Topics Needed for Performance Audit: The Joint Legislative Performance Audit and Oversight Committee (RSA 17-N) seeks input from House and Senate members for potential performance audit topics. LBA audit division is currently completing audits of the Division of State Police Forensic Laboratory and the self-funded State Employees Health Benefit Program. House and Senate members are encouraged to submit potential audit topics to Senator Peter Bragdon, Committee Chairman or Committee Clerk Representative John Reagan. Subjects for performance audit should be focused on the members perception of the problem they wish audited. Performance audits determine the degree with which the program fulfills the intent of the enabling legislation. For more information visithttp://www.gencourt.state.nh.us/lba.
Rep. John Reagan
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Bring the family to Discover WILD New Hampshire Day on Saturday, April 30 from 10:00 a.m. to 3:00 p.m. on the grounds of the NH Fish and Game Department at 11 Hazen Drive in Concord. Admission is free. See live animals, big fish up close, retriever dogs and trained falcons. Enjoy exhibits by dozens of environmental, conservation and outdoor organizations from around the state. New this year the “Wonder of Watersheds” exhibit from the Sylvia O. Conte National Wildlife Refuge will be on display. Perennial favorites are hands-on activities for all ages from wildlife crafts to archery and casting, plus a chance to get a close-up look at hybrid vehicles and discover other energy-saving, environmentally friendly ideas. Co-sponsored by the New Hampshire Fish and Game Department and the New Hampshire Department of Environmental Services with support from the Wildlife heritage Foundation of New Hampshire. Watch for details at http://www.wildnh.com.
Rep. Dennis Reed
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Join the American Lung Association of New England’s Annual Cycle the Seacoast on Sunday, May 1, 2011. Cycle the Seacoast is a one-day multi-route cycling event that travels along the beautiful seacoast in Portsmouth. Choose your challenge with a 25, 50 or 100 mile route option. You will experience panoramic views of the Atlantic Ocean while enjoying the quaint historic homes and villages that onlyNew England has to offer. All ages and experience levels are welcome. Fundraising minimum of $250 required ($125 for 7-17). For additional information contact Gale Auclair – gauclair@lungne.org or 207-624-0302 or to register visit biketreknewengland.org.
Rep. Raymond G. Gagnon
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A forum on medical amnesty will be held at UNH on Monday, May 2, 7:00- 9:00 p.m. in the MUB Theater 2. It is sponsored by the student senate and members of the Legislative Youth Advisory Council are participating also. Medical amnesty is a policy regarding calling for help when a student is in medical trouble due to excessive drinking or using drugs. The youth council will be gathering information in their capacity of advising the legislature on issues of concern to youth. For more information contact Rep. Carolyn Gargasz, cgargasz@cs.com, 465-7463.
Rep. Carolyn Gargasz
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All legislators and staff are invited to a free chair massage on Tuesday, May 3 from 9:30 a.m. to 2:00 p.m. in Rooms 210-211, LOB. Sponsored by the NH Chapter of the National Association of Massage Therapists.
Rep. Benjamin Baroody
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D. Quincy Whitney of Nashua, author of Hidden History of New Hampshire, will be signing copies of her book on May 3 at 11:00 a.m. in the Visitors’ Center. Copies of the book will be on sale in the center and the public is encouraged to attend.
William L. O’Brien, Speaker
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The New Hampshire House Business Coalition will meet at 4:00 p.m. on Tuesday, May 3 in Room 202, LOB. Please contact Rep. Laurie J. Sanborn at repsanborn@gmail.com.
Rep. Laurie J. Sanborn
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Breathe New Hampshire invites you to attend a Breakfast Reception on Wednesday, May 4, 2011, 7:30 a.m. to 9:00 a.m. at the State House Cafeteria. Please join Breathe New Hampshire staff, board and volunteers, as our guest, for a healthy breakfast, friendly conversation and door prizes. Please RSVP by May 2, 2011 at info@breathenh.org or by telephone to 603-669-2411.
Rep. Rich DiPentima
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The House Republican Alliance invites all Republicans to its summit on Thursday, May 5 from 9:00 a.m. to noon in Rooms 306-308, LOB, to brainstorm for legislation for next year.
Reps. Dan McGuire, Marilinda Garcia and Stephen Palmer
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The Officers and Directors of Gun Owners of New Hampshire, Inc. are pleased to invite all Representatives, Senators and their staff to the annual Legislative Firearms Orientation Day on Monday, May 9,2011. This is an all day (approximately 10:00 a.m. until 3:00 p.m.) event with an ongoing picnic lunch including dessert. GO-NH, Inc. is very active in the education, training and promotion of the shooting sports. GO-NH has sponsored a legislative shoot for many years, and each year a different club acts as a host. This year, Pemigewassett Valley Fish and Game, Inc. 295 Beede Road, in Holderness (03245) has graciously agreed to host this event and provide a picnic lunch and snacks. Hundreds of volunteer hours are spent preparing for, and participating in this worthwhile event. You will have the opportunity to actively participate (shoot!) and learn about firearms, muzzle-loading rifles, modern rifles, pistols, shotguns, and Title II or “Class III” items. Cowboy Action demonstration, Captain Morrill's Company and their cannons, and Roland Huber with his elephant gun are just a few of the many interesting special events planned. All in all, the day is intended to be a relaxing informative event centered on shooting and the shooting sports. Firearm instructors and range officers in a variety of disciplines will there to assist you, and as usual and expected, safe firearm practices and procedures will be in place. We will provide shooting and safety instruction, ammunition, targets, eye and ear protection, and loaner firearms, only your presence is requested! We hope that you will attend and share an informative and pleasant day with us, and that you will bring your family and staff members with you. We are looking forward to seeing you there!
Rep. Steven Cunningham
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The Board of Directors of the Merrimack County Farm Bureau invite all Merrimack County representatives for a day tour of some Merrimack County Farms on Friday, May 20. Transportation and lunch will be provided. There will be ample opportunity to ask any and all questions. Spouses or significant others are welcome. We will be meeting at the Legislative parking garage on Storrs Street at 9:30 a.m. and returning at 4:00 p.m. RSVP to chuck@applehillfarmnh.com.
Rep. David Palfrey
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In recognition of your support, the New Hampshire Law Enforcement Officers Memorial Committee cordially invites you to the 19th Annual New Hampshire Law Enforcement Officers Memorial Ceremony. The ceremony will be held on Friday, May 20, 2011, beginning promptly at 10:00 a.m. on the memorial site in front of the Legislative Office Building. The ceremony will proceed rain or shine. Refreshments will be served immediately following the event. Please do not hesitate to contact either Timothy J. Acerno of Fish and Game at 603-271-3128 or Chief Michael Greeley of the Deerfield Police Department at 603-463-7258 if you have any questions.
William L. O’Brien, Speaker
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The Coos County Democrats will be having their annual fund raising event, "The Truman Dinner" on Saturday, May 21st. This year's dinner will be held at the Town and Country Motor Inn and Resort located in Shelburne, NH. and will begin with cocktails at 6:00 p.m. One of the guest speakers will be the candidate for New Hampshire's 2nd Congressional District, Ann McLane Kuster. For more information and/or tickets, contact either Rep. Bill Hatch (466-9491) or Rep. Robert Theberge (723-8996). Tickets are $50.00/person. I thank you in advance for your time and consideration.
Rep. Robert L. Theberge
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All legislators are cordially invited to join the New Hampshire Association of Regional Planning Commissions for breakfast on Tuesday, May 24 from 8:00 to 10:00 a.m. in the State House cafeteria. Come and meet the staff and learn about the Regional Planning Commission in your district.
Rep. James E. Coffey
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The Main Street Republicans meet on Tuesdays at 8:30 a.m. in Room 104, LOB. All Republican House members are welcome.
Rep. Kenneth H. Gould
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All members of the Republican caucus are invited to the House Republican Alliance's weekly meeting. The HRA will meet Tuesdays at 8:00 a.m. in Rooms 306-308, LOB.
Reps. Dan McGuire, Marilinda Garcia and Stephen Palmer
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All Representatives are invited to attend morning prayer at 8:00 a.m. on Wednesdays at the Upham Walker House. Come and share coffee and prayer before session.
Rep. Susan DeLemus
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The Natural Rights Council will hold its weekly meeting at 8:00 a.m. Wednesday at Caffenio, 84 North Main Street. All House members are welcome. NRC is a bi-partisan group dedicated to upholding principles outlined in Article 2, Part I of the NH Constitution.
Reps. Mark Warden, Andrew Manuse and Seth Cohn
STATE HOUSE VISITATION SCHEDULE
As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in 2011. These listings are to ensure all members be notified in a timely manner of visitors from their district. Our schedule is tightly booked for the school year and subject to changes. Please contact the Visitor Center concerning school tour booking information. Legislators planning to meet with students should notify the Visitor Center. Thank you for your continued participation with your School Visitation Program.
Virginia J. Drew, Director
Deborah Rivers, Public Information Administrator
| DATE | TIME | GROUP | Group#/Grade |
| May 3 | 9:45 | Lancaster Elementary School | 49/4 |
| May 4 | 9:30 | Campton Elementary School | 40/4 |
| May 4 | 10:30 | Nashua Christian School | 11/4 |
| May 4 | 11:30 | Bow High School | 21/HS |
| May 5 | 9:00 | Ashland Elementary School | 40/4&6 |
| May 5 | 10:00/11:15 SH/F&G | McClelland Elementary School – Rochester | 84/4 |
| May 6 | 9:00 | Ed Fenn School – Gorham | 33/4 |
| May 6 | 10:00 | Antrim Elementary School | 22/4 |
| May 6 | 10:00 | Pierce School @ Bennington | 15/4 |
| May 6 | 11:15 | St. Joseph’s School – Keene | 11/4 |
| May 6 | 1:30 | Rep. Williams Seniors | 12/Srs |
| May 9 | 10:00/11:30 SH/HM | Mastway Elementary School – Lee | 60/4 |
| May 10 | 9:00 | Bristol Elementary School | 35/4 |
| May 10 | 10:30 | Bridgewater-Hebron School | 23/4 |
| May 11 | 9:45/11:00 SH/HM | Danville Elementary School | 60/3 |
| May 11 | 11:30 | Simonds Elementary School –Warner | 26/4 |
| May 12 | 8:45 | NHSCPA Young Professionals Leadership Class –Manchester | 20 |
| May 12 | 10:00/11:30 SH/HM | DJ Bakie School – Kingston | 90/4 |
| May 12 | 2:30 | IREM | Adults |
| May 13 | 9:00 | Salem Christian School | 11/4 |
| May 13 | 9:45 | Ray School – Hanover | 45/4 |
| May 13 | 10:30/12:00 SH/HM | Hillsboro-Deering Elementary School | 90/4 |
| May 16 | 10:00 | Gilmanton Elementary School | 42/4 |
| May 16 | 11:45 | Pittsfield Elementary School | 56/4 |
| May 17 | 8:45 | Deerfield Community School | 45/4 |
| May 17 | 10:30/12:00 SH/Manse | Peterborough Elementary School | 80/4 |
| May 18 | 9:30 | Gossler Park School – Manchester | 50/4 |
| May 18 | 10:30 | Mont Vernon Village School | 37/4 |
| May 18 | 11:00 | Jewett Street School – Manchester | 57/4 |
| May 18 | 1:30 | Immaculate Conception Apostolic School – Meredith | 20 |
| May 19 | 9:30/11:00 SH/HM | Highland Goffes Falls School | 95/4 |
| May 19 | 12:00 | Wheelock Elementary School – Keene | 23/4 |
| May 20 | 9:45 | Ray School – Hanover | 45/4 |
| May 20 | 10:30/12:00 SH/SC | Memorial School – Newton | 60/4 |
| May 23 | 10:00 | Maple Ave School – Claremont | 55/4 |
| May 23 | 11:30 | Sacred Heart School – Hampton | 28/4 |
| May 23 | 12:30 | Conway Elementary School | 35/4 |
| May 23 | 2:00 | Villa Crest Nursing Home – Manchester | 14/Srs |
| May 24 | 9:00 | Merrimack Middle School | 50/8 |
| May 24 | 10:30 | Open World Program/NHCADSV-Russians | 10 |
| May 24 | 9:00 | Florence Ride Out School | 45/4 |
| May 25 | 10:00/11:30 SH/HM | Wm. Barron School – Salem | 82/4 |
| May 25 | 12:30 | Russell Elementary School – Rumney | 25/4 |
| May 26 | 9:00 | Merrimack Middle School | 50/8 |
| May 26 | 10:00 | Newfields Elementary School | 32/4 |
| May 26 | 11:00 | Bakersville Elementary School – Manchester | 43/4 |
| May 26 | 12:00 | St. Elizabeth Seton School – Rochester | 22/4 |
| May 27 | 10:00 | Lin-Wood School - Lincoln | 32/4 |
| May 27 | 11:00 | New Hampton School | 26/4 |
| May 27 | 12:30 | Holderness Central School | 22/4 |
| May 31 | 9:00 | Hollis Brookline High School | 46/HS |
| May 31 | 9:45/11:00 SH/HM | Richards School – Newport | 80/4 |
| June 1 | 9:30 | Mountain Shadows School – Dublin | 10/6 |
| June 1 | 10:00 | Kensington Elementary School | 40/4 |
| June 1 | 11:00 | Lincoln-Akerman School – Hampton Falls | 44/4 |
| June 1 | 12:30 | Enfield Village School | 40/4 |
AMENDMENTS
WEDNESDAY, MAY 4
2011-1576h
Amendment to SB 3-FN-A-LOCAL
Proposed by the Majority of the Special Committee Public Employee Pensions Reform - R
Amend the title of the bill by replacing it with the following:
AN ACT relative to the New Hampshire retirement system, and relative to continuation of provisions of a collective bargaining agreement following the end of the term of the agreement.
Amend the bill by replacing all after the enacting clause with the following:
1 Findings and Intent.
I. It is imperative for the state to take immediate action to assure the state retirement system’s future financial health.
(a) The Pew Institute has concluded that unfunded pension and health care liabilities are a nationwide problem, estimated at over $1 trillion.
(b) The New Hampshire retirement system has an estimated unfunded pension liability of $3.7 billion and $1.5 billion of unfunded medical insurance liability. Although a plan is underway for recovery over 30 years, uncertainties in future market returns, rapid increases in medical costs, increases in life expectancy, and slower growth in public sector employment require prudent intervention to assure financial viability.
(c) The level of federal debt of almost $14 trillion and growing rapidly suggests that federal assistance to the states may be significantly reduced in the future, adding to the problem.
(d) The budget reductions planned for the state fiscal years 2012 and 2013 are large, and do not fully meet the state’s commitments to health and human services, education, transportation, and other services. Reductions in state retirement costs are a necessary part.
II. The current level of benefits for public employees is unsustainable.
(a) On average, benefits constitute an additional 52 percent increase to the cost of public salaries. This is significantly higher than the percent paid in the private sector, and taxpayers are increasing unable to continue this level of support, especially in our recessionary climate.
(b) Public employees are increasingly not cost-competitive with private alternatives to providing state and municipal services.
(c) Public employee contributions to their pensions have not been increased for many years.
III. The financial viability of the state retirement system must be preserved.
(a) Simply shifting who pays (i.e., employees or employers) will not solve the problem.
(b) It is important to adjust the system fairly among employee classes, and to introduce changes in a way to ameliorate impact on present employees, especially those closest to retirement.
(c) Pension costs must not make public employees uncompetitive with the private sector.
2 Retirement System; Definition of Earnable Compensation. Amend RSA 100-A:1, XVII to read as follows:
XVII. “Earnable compensation’’ shall mean:
(a) For all members in service on or before June 30, 2011 and who retire prior to July 1, 2016, the full base rate of compensation paid plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, additional pay for extracurricular and instructional activities or for other extra or special duty, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers’ compensation, and teacher development pay that is not part of the contracted annual salary. However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1- 1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member’s termination of employment from a retirement eligible position, with the limited exceptions of disability related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member’s termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member’s termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.
(b) For any member in service on and after July 1, 2011 and who retires after July 1, 2016, the full base rate of compensation paid plus holiday pay, vacation pay, and sick pay, and any compensation for mandatory training and any military differential pay. Earnable compensation shall not include pay for accumulated unused sick or vacation time. However, earnable compensation in the final 2 12-month periods of creditable service prior to termination of employment shall each be limited to 1-1/2 times the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 24 months. Any compensation received in the final 24 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen. Earnable compensation shall not include compensation in any form paid later than 120 days after the member’s termination of employment from a retirement eligible position.
3 Retirement System; Definitions; Average Final Compensation. Amend RSA 100-A:1, XVIII to read as follows:
XVIII. “Average final compensation” shall mean, for members who retire prior to July 1, 2016, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years. For members who retire on or after July 1, 2016, “average final compensation” shall mean the average annual earnable compensation of a member during his or her highest 5 years of creditable service, or during all of the years in his or her creditable service if less than 5 years.
4 New Section; Retirement Qualification Age and Benefit Calculation Tables. Amend RSA 100-A by inserting after section 1 the following new section:
100-A:1-a Retirement Qualification Age and Benefit Calculation Tables. Where applicable the following tables shall apply to group I and group II members for the purpose of determining the member’s retirement qualification age, years of service, and benefit calculation:
I. Group I.
Creditable service on July 1, 2011 Retirement qualification age Multiplier
Less than 10 years 65, subject to paragraph III 1/66
At least 10 but not 15 years 64 1/64
At least 15 but not 20 years 63 1/63
At least 20 but not 25 years 62 1/62
At least 25 but not 30 years 61 1/61
At least 30 years 60 1/60
II. Group II.
Creditable service Minimum years of service Minimum age attained Annuity multiplier
on July 1, 2011
0 years/ new hire 25 50, subject to paragraph III 2.0%
Less than 4 years 24 49 2.1%
At least 4 years but 23 48 2.2%
less than 6 years
At least 6 years but 22 47 2.3%
less than 8 years
At least 8 years but 21 46 2.4%
less than 10 years
10 years or more 20 45 2.5%
III. The regular retirement qualification age for group I members, and the group II minimum age attained for regular retirement as well as the minimum age to receive a group II retirement allowance under RSA 100-A:5, II(a) for such members, shall be subject to increase according to the following procedure:
(a) Beginning July 1, 2016 and on every subsequent 5-year anniversary thereafter, the executive director shall adjust the ages required according to the increase in the average life expectancy at birth for persons born in the United States as reported in that year by the United States Census Bureau. For each increase in such average life expectancy of at least one full year which occurred during the immediately preceding five-year period, the corresponding number of full years shall be added to the ages identified in this section. Any unused portion of a full-year increase in the average life expectancy shall be carried forward to the subsequent 5-year period.
(b) The board of trustees, following each such 5-year anniversary, shall certify the average life expectancy to be used by the executive director in adjusting the ages according to this section, and shall inform all employers and members of the changes to be applied.
5 New Section; Participation Standards; Classified State Employees. Amend RSA 100-A by inserting after section 28-b the following new section:
100-A:28-c Participation Standards; Classified State Employees.
I. In order to be eligible for participation in the retirement system, an employee as defined in RSA 100-A:1, V who is a classified employee of the state or of any department, commission, institution, or agency of the state government, must be employed in a full-time position with the state or a department, commission, institution, or agency of the state government, as defined by the department of administrative services, division of personnel. Employment by a classified employee in one or more part-time positions, as defined by the department of administrative services, division of personnel, shall not result in such employee’s participation in the system, regardless of the number of hours worked in one or more part-time positions, regardless of whether the part-time position or positions may in some instances qualify for vacation pay, sick pay, or other benefits, and regardless of whether positions are held within one or more departments, commissions, institutions, or agencies.
II. Employment by a full-time classified employee of any department, commission, institution, or agency of the state government in a part-time position with a different department, commission, institution, or agency of the state government shall not result in retirement contributions being made in regard to the part-time position, nor shall that position be considered for the purposes of the member’s participation in the retirement system.
III. Solely part-time state employment by a classified employee shall not entitle the person to benefits under this chapter or under RSA 21-I:30, RSA 21-I:30-a, or RSA 21-I:32.
IV. To the extent that any administrative rule of the New Hampshire retirement system is inconsistent with the provisions contained this section, the operation of that rule is hereby suspended.
6 State Employees; Group Insurance Benefits. Amend RSA 21-I:30, III to read as follows:
III. Any vested deferred state retiree may receive medical and surgical benefits under this section if the vested deferred state retiree is eligible. To be eligible, a group I vested deferred state retiree shall have at least 10 years of creditable service with the state if the employee’s service began prior to July 1, 2003 or 20 years of creditable service with the state if the employee’s service began on or after July 1, 2003 and a group II vested deferred state retiree shall have at least 20 years of creditable service with the state if the employee’s service with the state began on or after July 1, 2010. In addition, if the vested deferred state retiree is a member of group I, such retiree shall be at least [60 years of age] the retirement qualification age under RSA 100-A:1-a, I to be eligible. If the vested deferred state retiree is a member of group II, such retiree shall not be eligible until [20 years from the date of becoming a member of group II and shall be at least 45 years of age] meeting the retirement qualifications under RSA 100-A:1-a, II.
7 Service Retirement; Age Increased. Amend RSA 100-A:5 to read as follows:
100-A:5 Service Retirement Benefits.
I. Group I Members.
(a) Any group I member may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing thereof, the member desires to be retired, provided the member at the time so specified for retirement has attained [age 60] the retirement qualification age under RSA 100-A:1-a, I and notwithstanding that during such period of notification the member may have separated from service. For the purposes of this section, a teacher member of group I who remains in service throughout a school year shall be deemed to be in service during July and August at the end of such school year.
(b) Upon service retirement, an employee member or teacher member of group I shall receive a service retirement allowance which shall consist of a member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a state annuity. Prior to the member’s attainment of age 65, the state annuity, together with the member annuity, shall be equal to [1/60 of the member’s average final compensation] the benefit multiplier under RSA 100-A:1-a, I multiplied by the number of years of creditable service. After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation multiplied by the number of years of creditable service. Provided, however, that for members who were not in vested status on July 1, 2011, the number of years of his or her creditable service used to determine the retirement allowance under this subparagraph shall not exceed 33 years.
(c) Notwithstanding any other provision of law, any group I member who meets the requirements of RSA 100-A:10, I(a), and who has either completed at least 20 years of creditable service which, when combined with his age equals at least 70 years, or who has attained the age of 50, but not the [age of 60] retirement qualification age under RSA 100-A:1-a, I, may elect to retire and have benefits commence immediately as a reduced service retirement allowance upon written application to the board of trustees setting forth the time, not less than 30 days nor more than 90 days subsequent to the filing thereof, at which the member desires to have benefits commence. The service retirement allowance shall be determined in accordance with RSA 100-A:5, I(b) and shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains [60 years of age] the retirement qualification age under RSA 100-A:1-a, I, by 1/8 of one percent if the member has 35 years or more of creditable service, by 1/4 of one percent if the member has 30 years but less than 35 years of creditable service, by 1/3 of one percent if the member has at least 25 years but less than 30 years of creditable service, by 5/12 of one percent if the member has at least 20 years but less than 25 years of creditable service, and by 5/9 of one percent if the member has less than 20 years of creditable service.
(d) [Repealed.]
II. Group II Members.
(a)(1) Any group II member in service who has attained [age 45 and completed 20] the retirement qualification age and attained the minimum years of creditable service under RSA 100-A:1-a, II, or who has attained age 60 regardless of the number of years of creditable service, may retire on a service retirement allowance upon written application to the board of trustees; provided however that a group II member who is not in vested status on July 1, 2011 may retire and receive a service retirement allowance beginning upon the attainment of age 55 upon written application to the board of trustees.
(2) [setting] The written application shall set forth at what time not less than 30 days nor more than 90 days subsequent to the filing thereof the member desires to be retired, notwithstanding that during such period of notification the member may have separated from service.
(b) Upon service retirement and attainment of the required age, a group II member shall receive a service retirement allowance which shall consist of:
(1) A member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(2) A state annuity which, together with his or her member annuity, shall be equal to [2-1/2 percent of his average final compensation] the annuity multiplier under RSA 100-A:1-a, IImultiplied by the number of years of his or her creditable service [not in excess of 40 years] provided the product does not exceed 100 percent, and then multiplied by the member’s average final compensation. Provided, however, that for members who were not in vested status on July 1, 2011, the number of years of his or her creditable service used to determine the retirement allowance under this subparagraph shall not exceed 25 years.
(c)(1) Notwithstanding any provision of RSA 100-A to the contrary, any group II member who has retired on or after the effective date of this subparagraph after attaining the [age of 45 with at least 20] retirement qualification age and minimum years of creditable service under RSA 100-A:1-a, II shall receive a minimum annual service retirement allowance of $10,000. If such group II member has elected to convert the retirement allowance into an optional allowance for the surviving spouse under RSA 100-A:13, the surviving spouse shall be entitled to a proportional share of the $10,000.
(2) [Repealed.]
(3) [Repealed.]
8 Disability Retirement; Group I Age Increased. Amend RSA 100-A:6, I(b) to read as follows:
(b)(1) Upon ordinary disability retirement, the group I member who has attained [age 60] the retirement qualification age under RSA 100-A:1-a, I shall receive an ordinary disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his ordinary disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of age 65, the state annuity, together with the member annuity, shall be equal to [1/60 of the member’s average final compensation] the benefit multiplier under RSA 100-A:1-a, I at the time of his or her ordinary disability retirement multiplied by the number of years of creditable service at the time of his or her ordinary disability retirement;
(B) After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of his or her ordinary disability retirement multiplied by the number of years of creditable service at the time of his or her ordinary disability retirement;
(C) Regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member’s average final compensation at the time of his or herdisability retirement.
(2) Upon ordinary disability retirement, the group I member who has not attained [age 60] the retirement qualification age under RSA 100-A:1-a, I shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his ordinary disability retirement; and a state annuity which, together with the member annuity, shall be equal to 1.5 percent of the member’s average final compensation at the time of his ordinary disability retirement multiplied by the number of years of creditable service at that time of his ordinary disability retirement. However, regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member’s average final compensation at the time of his or her disability retirement.
9 Ordinary Disability Retirement; Group II. Amend RSA 100-A:6, II(b) to read as follows:
(b) Upon ordinary disability retirement, the group II member shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her ordinary disability retirement; and a state annuity which, together with his or her member annuity, shall be equal to [2-1/2 percent of his average final compensation] the annuity multiplier under RSA 100-A:1-a, II at the time of [his] ordinary disability retirement multiplied by the number of years of his or her creditable service [not in excess of 40 at the time of his ordinary disability retirement] provided the product does not exceed 100 percent, and then multiplied by the member’s average final compensation, provided, further, however, that such allowance shall not be less than 25 percent of the member’s final compensation at the time of his or her disability retirement. Provided, however, that for members who were not in vested status on July 1, 2011, the number of years of his or her creditable service used to determine the retirement allowance under this subparagraph shall not exceed 25 years.
10 Accidental Disability Retirement; Group I. Amend RSA 100-A:6, I(d) to read as follows:
(d)(1) Upon accidental disability retirement, the group I member who has attained [age 60] the retirement qualification age under RSA 100-A:1-a, I shall receive an accidental disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of age 65, the state annuity, together with the member annuity, shall be equal to [1/60 of the member’s average final compensation] the benefit multiplier under RSA 100-A:1-a, I at the time of his or her accidental disability retirement multiplied by the number of years of creditable service at the time of his or her accidental disability retirement;
(B) After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of his or heraccidental disability retirement multiplied by the number of years of creditable service at the time of his or her accidental disability retirement;
(C) Regardless of age at disability, for a member who is in vested status on July 1, 2011, such allowance shall not be less than 50 percent of the member’s average final compensation at the time of his or her accidental disability retirement.
(2) Upon accidental disability retirement, the group I member who has not attained [age 60] the retirement qualification age under RSA 100-A:1-a, I shall receive an accidental disability retirement allowance which shall consist of: the member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement; and a state annuity which, together with the member annuity, shall be equal to 50 percent of the member’s average final compensation at the time of his or her disability retirement.
11 Accidental Disability Retirement; Group II. Amend RSA 100-A:6, II(d) to read as follows:
(d)(1) Upon accidental disability retirement, the group II member who is in vested status before July 1, 2011, shall receive an accidental disability retirement allowance equal to 2/3 of his or her average final compensation at the time of [his] disability retirement, and the group II member who is not in vested status on July 1, 2011, shall receive an accidental disability retirement allowance equal to 1/2 of his or her average final compensation at the time of disability retirement.
(2) For any group II member who has more than 26-2/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2-1/2 percent of hisor her average final compensation multiplied by the number of years of his or her creditable service in excess of 26-2/3 but not in excess of 40 years. Provided, however, that an accidental disability retirement allowance together with a supplemental disability retirement allowance, as provided in this subparagraph, shall not exceed 100 percent of the disability retiree’s average final compensation.
12 Vested Deferred; Group II Age Increased. Amend RSA 100-A:10, II(b) to read as follows:
(b) Upon the member’s attainment of [age 45, provided the member would then have completed 20] the retirement qualification age and attained the minimum years of creditable serviceunder RSA 100-A:1-a, II, otherwise the subsequent date on which such [20] minimum years would have been completed, or at any time after age 60 a group II member who meets the requirement of subparagraph (a) may make application on a form prescribed by the board of trustees and receive a vested deferred retirement allowance which shall consist of: (1) A member annuity which shall be the actuarial equivalent of accumulated contributions on the date the member’s retirement allowance commences; and (2) A state annuity which, together with the member annuity, shall be equal to a service retirement allowance based on the member’s average final compensation and creditable service at the time the member’s service is terminated.
13 Split Benefits; Minimum Age. Amend RSA 100-A:19-b to read as follows:
100-A:19-b Minimum Age. For the purposes of this subdivision only, minimum age shall mean:
I. For a member who has completed less than [20 years] the minimum years of combined creditable service in both group I and group II as provided in RSA 100-A:1-a, II, 60 years if the member is in vested status before July 1, 2011, or otherwise 65 years.
II. For a member who has completed [20 or more] at least the minimum years of combined creditable service as provided in RSA 100-A:1-a, II, one year shall be deducted from age 60 if the member is in vested status before July 1, 2011, or otherwise age 65, for each year of creditable group II service, provided that the age shall not be less than [45 years] the retirement qualification age under RSA 100-A:1-a, II.
14 Split Benefits; Reduced Early Retirement; Minimum Age. Amend RSA 100-A:19-d to read as follows:
100-A:19-d Reduced Early Retirement. Notwithstanding any other provision of law, any retirement system member who has creditable service in both group I and group II with at least 10 years combined creditable service, and who has attained [an age which is at least 45] the retirement qualification age under RSA 100-A:1-a, II and is within 10 years of the minimum age set forth in RSA 100-A:19-b, may elect to retire and have benefits commence immediately as a reduced split-benefit service retirement allowance. Application shall be as provided in RSA 100-A:5, I(c). The allowance shall be determined as a split-benefit service retirement allowance in accordance with RSA 100-A:19-c, and the total combined split-benefit service allowance shall be reduced by the percentages shown in RSA 100-A:5, I(c), based on the total combined length of creditable service, for each month by which the date on which benefits commence precedes the month after which the member attains the minimum age set forth in RSA 100-A:19-b.
15 Financing; Contribution Rates; Group II Member Payroll Deduction. Amend RSA 100-A:16, I(a) to read as follows:
(a) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, subject to the additions to member contributions under RSA 100-A:16, II(f), dependent upon the member’s employment classification at the rate determined in accordance with the following table:
[Employees of employers other than the state 5.00
Employees of the state hired on or before June 30, 2009 5.00
Employees of the state hired after June 30, 2009 7.00
Teachers 5.00
Permanent Policemen 9.30
Permanent Firemen 9.30 ]
Group I members, 7.00
Group II permanent fireman members, 11.80
Group II permanent police members, 11.55
The board of trustees shall certify to the proper authority or officer responsible for making up the payroll of each employer, and such authority or officer shall cause to be deducted from the compensation of each member, except group II members who are in vested status before July 1, 2011 with creditable service in excess of 40 years or group II members who are not in vested status on July 1, 2011 with creditable service in excess of 25 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member. No deduction from earnable compensation under this paragraph shall apply to any group II member who is in vested status before July 1, 2011 with creditable service in excess of 40 years, or group II member who is not in vested status on July 1, 2011 with creditable service in excess of 25 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), and this provision for such members shall not affect the method of determining average final compensation as provided in RSA 100-A:1, XVIII. In determining the amount earnable by a member in a payroll period, the board may consider the rate of compensation payable to such member on the first day of a payroll period as continuing throughout the payroll period and it may omit deduction from compensation for any period less than a full payroll period if such person was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed 1/10 of one percent of the annual earnable compensation upon the basis of which such deduction is made. The amounts deducted shall be reported to the board of trustees. Each of such amounts, when deducted, shall be paid to the retirement system at such times as may be designated by the board of trustees and credited to the individual account, in the member annuity savings fund, of the member from whose compensation the deduction was made.
16 Employer Contributions; Limitation Beginning 2013. Amend RSA 100-A:16, II(f) to read as follows:
(f)(1) The total amount payable to the state annuity accumulation fund in each year on account of each member classification shall not be less than normal contribution rate multiplied by the total compensation earnable by all members in such classification for such year, plus the amount of the accrued liability contribution necessary to liquidate the unfunded accrued liability on behalf of such classification as determined by the actuary under subparagraph (e) above.
(2) Notwithstanding any provision of this paragraph to the contrary, if in any fiscal year after the fiscal year ending June 30, 2012, the total of the amount payable determined under subparagraph (1) plus the member contributions anticipated for such fiscal year, exceed the total amount payable determined under subparagraph (1) plus the member contributions as determined for fiscal year 2012, then any amount for the upcoming fiscal year which exceeds such total for fiscal year 2012 shall be assessed one-half as employer contributions and one-half as additions to the member contribution rates under RSA 100-A:16, I(a) as determined by the board.
17 Retirement System; Administration; Membership of Board. Amend RSA 100-A:14, I to read as follows:
I. The administration of this system is vested in a board of [14] 13 trustees. Each newly appointed or reappointed trustee shall have familiarity with or experience in finance or business management. The state treasurer shall be an ex officio voting member of the board. The governor and council shall appoint [2] 4 trustees, to be known as non-member trustees, who shall be qualified persons with investment and/or financial experience as provided in this paragraph and not be members of the system, and who shall serve for a term of 2 years and until their successors are appointed and qualified. The non-member trustees of the board shall have substantial experience in the field of institutional investment or finance, taking into account factors such as educational background, business experience, and professional licensure and designations. The original appointment of [one] 2 of the non-member trustees shall be for a term of one year. The remaining [11] 8 members of the board shall consist of [2 employees, 2 teachers, 2 permanent policemen, 2 permanent firemen, one member of the senate who shall be appointed annually by the senate president, one member of the house of representatives who serves on the executive departments and administration committee and who shall be appointed annually by the speaker of the house, and one person representing management in local government. Whenever a vacancy occurs, the senate president or the speaker of the house shall fill the vacancy in the same manner by appointing a senate or a house member who shall serve for the unexpired term.] 4 member representatives and 4 employer representatives. The New Hampshire state employees’ association, the New Hampshire education association, the New Hampshire police association, and the New Hampshire state permanent firemen’s association, [and the New Hampshire Local Government Center] shall each annually nominate from their members a panel of 5 persons, [all of whom except for the panel of the Local Government Center shall be active members of the retirement system, or one of the 4 predecessor systems,] no later than May 31 of each year, and the panels so named shall be filed with the secretary of state no later than June 10 of each year. From [each of] the above named panels, the governor and council shall appoint [one person annually to] the active member representatives of the board[, except for the panel of the Local Government Center, which shall have one person appointed every 2 years] as needed so as to maintain the representation on the board. The governor and council shall appoint the employer representatives of the board with the advice of employer organizations. Members appointed to the board in the manner aforesaid shall serve for a term of 2 years. Each member so appointed shall hold office until his or her successor shall be appointed and qualified. Whenever a vacancy occurs, the governor and council shall fill the vacancy by appointing a member who shall serve for the unexpired term [from the same panel from which the former member was appointed]. The governor shall designate one of the non-member trustees to serve as chairman of said board of trustees.
18 Application; Board of Trustees Membership. Members of the board of trustees for the retirement system on the effective date of this section shall serve for the remainder of their terms. In order to conform to changes to the retirement system board of trustees made by this act, upon a vacancy occurring in the membership on the board of trustees after the effective date of this section, the appointment of a trustee shall be made to reasonably conform to the trustee designations in RSA 100-A:14, I.
19 Repeal of Special Account. RSA 100-A:16, II(h)–(j), relative to the special account, are repealed.
20 Transfer of Balance of Special Account. Any funds remaining in the special account on the effective date of the repeal of the special account by this act shall be transferred to the respective components of the state annuity accumulation fund.
21 Return of Contributions. Amend RSA 100-A:11, I(c) to read as follows:
(c) Upon the death of a group I member who has elected, pursuant to RSA 100-A:10, to receive a vested deferred retirement allowance before his or her attainment of [age 60] the retirement qualification age under RSA 100-A:1-a, I, the amount of his or her accumulated contributions at the time of his or her death shall be paid to the person or persons, if any, nominated by [him] the member, if living, otherwise to the member’s estate.
22 New Paragraph; Definition Added; Part-time Employment. Amend RSA 100-A:1 by inserting after paragraph XXXIII the following new paragraph:
XXXIV. “Part-time,” for purposes of employment of a member, means employment by an employer depending on the group classification of the employment as follows:
(a) For group I, in no instance shall part-time employment of the member exceed 1,300 hours in a calendar year.
(b) For group II, in no instance shall part-time employment of the member exceed 1,300 hours in a calendar year.
23 Membership; Optional. Amend the introductory paragraph of RSA 100-A:3, I(a) to read as follows:
I.(a) Any person who becomes an employee, teacher, permanent policeman, or permanent fireman after the date of establishment, working in a position for an employer under this chapter as determined by common law standards, shall become a member of the retirement system as a condition of employment; except that membership shall be optional in the case of persons who commenced service prior to July 1, 2008 who are elected officials, officials appointed for fixed terms, [unclassified state employees,] or those employees of the general court who are eligible for membership in the retirement system. Elected officials and officials appointed for fixed terms shall, however, be eligible for membership in the retirement system only under the following conditions:
24 Restoration to Service; Limited to Part-time. RSA 100-A:7 is repealed and reenacted to read as follows:
100-A:7 Service After Retirement; Part-time. No employer shall employ a member in other than a part-time position after the member’s retirement pursuant to this chapter.
25 Repeal. 2002, 137:7, relative to the application of the repeal of former RSA 100-A:3, I(c), is repealed.
26 Study Committee Established; Voluntary Defined Contribution Plan.
I. There is established a committee to study the establishment of a federal tax qualified voluntary defined contribution plan.
II. The members of the committee shall be as follows:
(a) Three members of the senate, who shall be from the executive departments and administration committee, appointed by the president of the senate.
(b) Three members of the house of representatives, each of whom shall be from the special committee on public employee pensions reform, appointed by the speaker of the house of representatives.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. 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 house 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.
V. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2011.
27 State Employees; Retirement. Amend RSA 21-I:30, II(a) to read as follows:
(a) Has at least 10 years of creditable service for the state if the employee’s service began prior to July 1, 2003 or 20 years of creditable service if the employee’s service began on or after July 1, 2003, and who also is at least 60 years of age at the time of retirement if the employee is in vested status before July 1, 2011 or at least 65 years of age at the time of retirement if the employee is not in vested status on July 1, 2011; or
28 Definition of Terminal Funding. Amend RSA 100-A:1, XXX to read as follows:
XXX. “Terminal funding’’ shall mean providing the full present value of the total liability for benefit improvement. [Unless otherwise specified, the source of terminal funding shall be the special account established under RSA 100-A:16, II(h).]
29 Benefits Upon Death After Retirement; References to Special Account. Amend RSA 100-A:12, I-a and II to read as follows:
I-a. In addition to any other provision of this section, upon the death of a retired group II member of the New Hampshire retirement system or any predecessor system, who retired pursuant to RSA 100-A:5, II with at least 20 years of creditable service or pursuant to RSA 100-A:6, II(a) prior to April 1, 1987, there shall be paid to the member’s spouse at the time of retirement, if surviving, an allowance to continue until the spouse’s death or remarriage equal to 50 percent of the service or ordinary disability retirement allowance payable to the retired member prior to the member’s death. The total cost of terminally funding the benefits provided by this paragraph shall be funded from the [special account established under RSA 100-A:16, II(h)] state annuity accumulation fund.
II. Upon the death of a group II member who has retired on or after April 1, 1987, or upon the death of a group II member who has filed an application for retirement benefits with the board of trustees after January 1, 1991, there shall be paid to the person nominated by the member by written designation filed with the board, if living, otherwise to the retired member’s estate, in addition to the amount payable under RSA 100-A:11 a lump sum of $3,600 if the member retired before July 1, 1988, and if the member is married on the date of such member’s retirement, there shall be paid to such surviving spouse an allowance to continue until the spouse’s death or remarriage equal to 50 percent of the member’s service, ordinary disability, or accidental disability retirement allowance payments. For any person who is a group II member as of June 30, 1988, and who retires on or after July 1, 1988, the lump sum payment shall be $10,000. For any person who becomes a member of group II on or after July 1, 1988, and on or prior to July 1, 1993, the lump sum payment shall be $3,600. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be terminally funded [by reimbursement from the special account established under RSA 100-A:16, II(h)].
30 Supplemental Allowance; Reference to Special Account. Amend RSA 100-A:41-a, III to read as follows:
III.(a) The payment of any such supplemental allowance shall be contingent on terminal funding of the total actuarial cost thereof. [Such terminal funding shall be from the special account established under RSA 100-A:16, II(h).]
(b) [No supplemental allowance shall reduce the funds in the respective component of the special account to an amount less than zero.
(c)] Cost of living adjustments shall be retroactive to the member’s eligibility date pursuant to paragraph I.
31 Management of Funds; Investment Committee. Amend RSA 100-A:15, I to read as follows:
I. The members of the board of trustees shall be the trustees of the several funds created hereby and shall set the investment policy relative to those funds. The independent investment committee shall have full power to invest and reinvest such funds in accordance with the policy set by the board. The board of trustees and the members of the independent investment committee shall have the powers, privileges, and immunities of a corporation. The independent investment committee shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created hereby have been invested, as well as the proceeds of such investments in accordance with the policy set by the board. All of the assets and proceeds, and income therefrom, of the New Hampshire retirement system, and all contributions and payments made thereto, shall be held, invested, or disbursed in trust.
32 Independent Investment Committee Amend RSA 100-A:15, IX to read as follows:
IX. The non-trustee members of the independent investment committee shall be afforded the same liability insurance [and], indemnification, and statutory protections as board members.
33 New Section; Retirement System; Construction of Provisions; Member Acknowledgement. Amend RSA 100-A by inserting after section 1-a the following new section:
100-A:1-b Construction of Provisions; Member Acknowledgement.
I. The benefits provided under this chapter shall not be construed to constitute a binding contractual obligation with respect to members and may be modified or discontinued by the adoption of appropriate legislation.
II. Every employer shall keep on file for each member commencing service after June 30 2011 a statement of the employee’s, teacher’s, policeman’s, or fireman’s acknowledgement of the provisions of paragraph I of this section.
34 New Paragraph; Public Employee Labor Relations; Status Quo; Authority of Employer. Amend RSA 273-A:11 by inserting after paragraph II the following new paragraph:
III. Following the end of the term of a collective bargaining agreement and during any period of negotiation, the status quo shall be maintained as to the wages, hours, and conditions of employment of employees in good standing. Except where required by statute, the continuation, after the expiration of the agreement, of the provision of any medical, dental, and life insurance benefits, retirement or pension benefits, and any other fringe benefits, shall be subject to the exclusive authority of the public employer.
35 New Section; Department of Administrative Services; State Employee Refusal of Benefits Program. Amend RSA 21-I by inserting after section 43-a the following new section:
21-I:43-b State Employee Refusal of Benefits Program.
I. The commissioner of the department of administrative services shall establish and administer a program which shall allow a permanent full-time state employee to refuse his or her rights as a state employee to receive state medical, dental, and retirement benefits in order to instead receive an increase in his or her base salary or wage.
II. The department shall develop forms, establish procedures, and adopt rules for administering the program established by this section. The forms shall include specific notice of the details of the benefits refused by the election of a state employee under this section. Any such election shall be required to be signed and dated by the state employee.
III. A permanent full-time state employee paid through the office of the state treasurer shall be eligible to refuse state employee benefits as described in paragraph I. Upon verification by the department of the state employee’s refusal of employment benefits, the state employee shall be granted an increase of 25 percent of his or her base salary or wage, excluding pay related to overtime, unused vacation time, unused sick time, longevity pay, or other compensation not deemed by the department to be base salary or wages, to be paid on regular pay schedule for employment during good standing.
IV. The election to refuse state employment benefits for an increase in base salary or wages shall only be available to a permanent full-time state employee who first commenced service with the state on or after July 1, 2011.
V. The source of funds for the payment of the increase of 25 percent for a state employee electing to refuse state employment benefits under this section shall be the employee and retiree benefit risk management fund established in RSA 21-I:30-e.
36 Member Contribution Rates; Contingent Version. The introductory paragraph of RSA 100-A:16, I(a) and the contribution rates following the introductory paragraph are repealed and reenacted to read as follows:
(a) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, the rate percent of each member’s compensation as determined by the retirement system which shall by annual total represent 50 percent of the normal contribution and accrued liability contribution determined under paragraph II.
37 Repeal. RSA 100-A:41-d, relative to additional temporary supplemental allowances, is repealed.
38 Severability; Contingent Amendment; Effective Date.
I. The provisions of this act making various amendments concerning the New Hampshire retirement system shall be severable and if any phrase, clause, sentence, or provision of this act is declared to be contrary to the constitution of this state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this act and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
II. If as provided in paragraph I of this section, any phrase, clause, sentence, or provision is held contrary to the constitution of this state or of the United States, the remaining provisions of the act shall be in full force and effect as to all severable matters, and, except where the constitutional challenge is principally in the interest of employers in the retirement system as defined in RSA 100-A:1, IV, section 36 of this act shall take effect on the July 1 next following the date that the board of trustees certifies to the secretary of state and the director of legislative services of the occurrence of a final ruling on the declaration described in paragraph I.
39 Retirement System; Recalculation of Employer Rates; Recertification. Notwithstanding the notice requirements of RSA 100-A:16, III, the board of trustees of the retirement system shall recalculate employer contribution rates for the state fiscal years 2012 and 2013 to reflect the requirements of RSA 100-A as amended by this act. Notwithstanding the notice requirements of RSA 100-A:16, III, such employer contribution rates shall be effective for the biennium beginning July 1, 2011, and the recertification of employer contribution percentages, applicable beginning July 1, 2011, shall be provided to each employer within a reasonable period of time not to exceed 30 days from the effective date of this section. The exception to the notice requirements of RSA 100-A:16, III in this section shall be limited to the applicable employer contribution rates for the biennium beginning July 1, 2011.
40 Effective Date.
I. Section 36 of this act shall take effect as provided in section 38 of this act.
II. The remainder of this act shall take effect July 1, 2011.
AMENDED ANALYSIS
This bill makes various changes to the state retirement system including:
I. Increasing retirement ages of group I and group II members for service retirement, disability retirement, vested deferred retirement, and split benefits.
II. Changing the definitions of earnable compensation and average final compensation used in calculating retirement benefits.
III. Changing the composition of the board of trustees.
IV. Eliminating the special account.
V. Increasing contribution rates.
VI. Establishing a committee to study the establishment of a voluntary defined contribution plan.
VII. Modifying optional membership in the retirement system.
VIII. Limiting participation based on part-time employment, defining part time employment for purposes of the New Hampshire retirement system, and prohibiting members in retirement from returning to full-time employment.
This bill also establishes a program allowing a state employee to refuse his or her rights as a state employee to receive state medical, dental, and retirement benefits in order to instead receive an increase in his or her base salary or wage; and provides that after the end of a collective bargaining agreement, the public employer has exclusive authority for continuation of benefits.
2011-1593h
Floor Amendment to SB 3-FN-A-LOCAL
Proposed by Rep. Hawkins
Amend the bill by replacing section 40 with the following:
40 Applicability. Provisions of this act in sections 2, 4–16, 27, 35, and 39 containing references to or applicability on June 30, 2011 and July 1, 2011 shall be changed to August 31, 2011 and September 1, 2011, respectively.
41 Effective Date.
I. Section 36 of this act shall take effect as provided in section 38 of this act.
II. The remainder of this act shall take effect September 1, 2011.
2011-1505h
Amendment to SB 33-FN
Proposed by the Committee on Executive Departments and Administration - C
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; State Employee Contributions to Medical and Surgical Benefits. Amend RSA 21-I:30 by inserting after paragraph V the following new paragraph:
VI. The commissioner of administrative services shall invoice and collect from retired state employees under the age of 65 years receiving medical and surgical benefits provided under this section, who do not receive a retirement allowance as defined in RSA 100-A:1, XXII, the premium contribution amounts of $65 per month for each such retiree and $65 per month for each applicable spouse; provided that the charge to each household shall not exceed $130 per month. The commissioner of administrative services is also authorized to invoice and collect from such other participants contribution amounts as specified by law. Collected amounts shall be deposited in the employee and retiree benefit risk management fund. Failure to remit payment of the contribution amount in full within 30 days of billing shall be grounds for terminating benefits, effective with the beginning of the billing period. Reenrollment shall be dependent upon payment of any outstanding contribution or other amounts within 6 months of the termination date. If a participant fails to remit payment in full for participation within 30 days of billing, on the 30th day the participant shall be notified by certified mail, return receipt requested, that he or she shall remit payment to the department within 10 business days of receiving the letter or his or her benefits shall be terminated effective upon the 10th business day after receipt of the letter and that reenrollment shall be dependent upon payment of any outstanding contribution or other amount within 6 months of the termination date.
2 New Hampshire Retirement System; Medical and Surgical Benefit Administration. Amend RSA 100-A:54, III to read as follows:
III. The retirement system shall deduct from the monthly retirement allowance of retired state employees under the age of 65 years receiving medical and surgical benefits provided pursuant to RSA 21-I:30, the premium contribution amounts of $65 per month for each such retiree and $65 per month for each applicable spouse; provided that the charge to each household shall not exceed $130 per month. Deducted amounts, which shall be in addition to and notwithstanding any amounts payable by the retirement system pursuant to RSA 100-A:52, RSA 100-A:52-a, and RSA 100-A:52-b, shall be deposited in the employee and retiree benefit risk management fund. In the event the retiree’s monthly allowance is insufficient to cover the certified contribution amount, the retirement system shall so notify the department of administrative services, which shall invoice and collect from the retiree the [remaining] contribution amount. Failure to remit payment of the contribution amount in full within 30 days of billing shall be grounds for terminating benefits, effective with the beginning of the billing period. Reenrollment shall be dependent upon payment of any outstanding contribution or other amounts within 6 months of the termination date. The department of administrative services shall provide notice of the termination of benefits pursuant to RSA 21-I:30, VI.
3 Effective Date. This act shall take effect 60 days after its passage.
2011-1533h
Amendment to SB 50
Proposed by the Committee on Commerce and Consumer Affairs - C
Amend RSA 551:22, II as inserted by section 2 of the bill by replacing it with the following:
II. A no-contest provision shall be enforceable according to the express terms of the no-contest provision without regard to the presence or absence of probable cause for, or the beneficiary’s good or bad faith in, taking the action that would justify the complete or partial forfeiture of the beneficiary’s interest in the will under the terms of the no-contest provision. A no-contest provision shall be unenforceable to the extent that the will is invalid because of fraud, duress, undue influence, lack of testamentary capacity, or any other reason. In the case of an action solely to challenge the acts of the executor or other fiduciary of the will, a no-contest provision shall be unenforceable to the extent that the executor or other fiduciary has committed a breach of fiduciary duties or breach of trust.
Amend RSA 551:22, III(a)-(b) as inserted by section 2 of the bill by replacing it with the following:
(a) Any action brought by the executor or other fiduciary of a will that incorporates a no-contest provision, unless the executor or other fiduciary is a beneficiary against whom the no-contest provision is otherwise enforceable;
(b) Any agreement among the beneficiaries and any other interested persons in settlement of a dispute or resolution of any other matter relating to such will;
Amend RSA 564:1, II as inserted by section 3 of the bill by replacing it with the following:
II. Except as provided in RSA 564:19, IV, this section shall not apply with respect to any trust exempted from the accounting requirements under RSA 564:19, II.
Amend RSA 564:19 as inserted by section 5 of the bill by replacing it with the following:
564:19 Filing Account.
I. Except as otherwise provided in paragraph II, every trustee shall file in the probate court an annual account of administration, unless upon petition [he] the trustee is excused by the judge of probate; but in no event shall [he] the trustee be excused for a period longer than [three] 3 years, except that in cases where such filing may be impractical and may work financial hardship to the trust estate the judge of probate upon written approval of the attorney general may extend said period not exceeding in the aggregate [five] 5 years. Such annual account of administration provided for herein may be allowed by the judge of probate without publication unless he or she shall otherwise order. Before giving notice to settle a final account the trustee shall file it in the probate office and shall cause the fact of such filing to appear in the notice and shall at the same time file a statement of the names and residences of the beneficiaries in the trust estate.
II. The following trusts created under will shall be exempt from the accounting requirements of paragraph I:
(a) A trust created under a will admitted to probate on or after January 1, 2012, shall be exempt from the accounting requirements of paragraph I if, under the terms of the will, the testator expressly waives the requirement for annual accountings.
(b) A trust created under any will shall be exempt from the accounting requirements of paragraph I if all of the interested persons agree to waive the trustee’s filing of accounts, and the probate court finds that the waiver of filing of accounts does not violate a material purpose of the trust. The interested persons may agree to waive the trustee’s filing of accounts by means of a nonjudicial settlement agreement within the meaning of RSA 564-B:1-111. For purposes of this subparagraph, the trustee’s filing of accounts is not a material purpose of a trust created under a will unless, under the terms of the will, there is a clear and express manifestation of the testator’s intent that the trust shall be subject to full judicial supervision, including a requirement that the trustee file accounts with the court.
(c) If the court grants a petition for the acceptance of jurisdiction over a trust with respect to which a court of another state has released its jurisdiction, and the court releasing jurisdiction did not require the trustee or trustees of the trust to file accounts with that court, or required that the trustee or trustees of the trust file accounts less frequently than annually, then the court accepting jurisdiction over such trust shall not require accountings whatsoever, or shall require accountings less frequently than annually, as the case may be, on the same basis as may have been required by the court releasing jurisdiction.
III. A trust created under a will described in paragraph II, with respect to which no judicial accountings will be required, shall in all respects be subject to the beneficiary reporting and information requirements of RSA 564-B, the Uniform Trust Code, and all other pertinent provisions of such code, except to the extent that a contrary provision appears in the will under which the trust was created, provided that such contrary provision does not violate any of the mandatory rules of RSA 564-B:1-105. For these purposes, the pertinent terms of the will shall have the same meaning as “terms of a trust” and the “will creating the trust” shall have the same meaning as “trust instrument”, as defined in RSA 564-B:1-103(19) and (20), respectively.
IV. Nothing in this section shall be interpreted to modify or limit the jurisdiction or authority of the probate court to require any trustee of a trust created under a will to make a judicial accounting or to give bond, either upon a motion on interested person, or on the probate court’s own action.
V. For purposes of this section, an “interested person” means any person who has standing to petition the court to order the trustee to account, including the director of charitable trusts if, with respect to the trust, the director has the rights of a qualified beneficiary under RSA 564-B:1-110(c).
VI. Nothing in this section shall limit the authority of the attorney general or the department of health and human services otherwise provided by common law or other statute.
Amend RSA 564-B:2-201(b) as inserted by section 9 of the bill by replacing it with the following:
(b) A trust, other than a trust created by a will[, is not] subject to the provisions of RSA 564:19, shall not be subject to continuing judicial supervision unless ordered by the court.
Amend the bill by replacing all after section 10 with the following:
11 Uniform Trust Code; Limitation of Action Against Trustee. Amend RSA 564-B:10-1005 to read as follows:
564-B:10-1005 Limitation of Action Against a Trustee by a Beneficiary.
(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(c) If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 3 years after the first to occur of:
(1) The removal, resignation, or death of the trustee;
(2) The termination of the beneficiary’s interest in the trust; [or]
(3) The termination of the trust[.]; or
(4) The date on which the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust.
(d) The periods of limitation under this section shall not be tolled for any reason, except by a written agreement of the trustees and qualified beneficiaries or a court order. Without limiting the circumstances under which a court may issue an order tolling the period of limitations, a court may issue an order tolling the period of limitations under this section during the pendency of any action described in RSA 564-B:10-1014(c)(3).
(e) Nothing in this section shall limit the authority of the attorney general or the department of health and human services otherwise provided by common law or other statute.
12 New Section; Uniform Trust Code; Limitation of Action Against a Trustee by a Trustee, Trust Advisor, or Trust Protector. Amend RSA 564-B by inserting after section 10-1005 the following new section:
564-B:10-1005A Limitation of Action Against a Trustee by a Trustee, Trust Advisor, or Trust Protector.
(a) A trustee shall commence a proceeding against a cotrustee or a former trustee for breach of trust within 3 years after the earlier of the date on which the trustee was sent a report that adequately disclosed the existence of a potential claim for breach of trust or the removal, resignation, or death of the cotrustee or former trustee. A trustee, however, shall not commence a proceeding against a cotrustee or a former trustee if, under RSA 564-B:10-1005, none of the beneficiaries may commence a proceeding against the cotrustee or former trustee for such breach of trust.
(b) A trust advisor or trust protector shall commence a proceeding against a trustee for breach of trust within 3 years after earlier of the date on which the trust advisor or trust protector was sent a report that adequately disclosed the existence of a potential claim for breach of trust or the removal, resignation, or death of the trustee. A trust advisor or trust protector, however, shall not commence a proceeding against a trustee for breach of trust if, under RSA 564-B:10-1005, none of the beneficiaries may commence a proceeding against the trustee for such breach of trust.
(c) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the recipient knows of the potential claim or should have inquired into its existence.
(d) The periods of limitation under subsection (a) shall not be tolled except by either a written agreement of the trustees or, in the case of a possible claim against a former trustee, the trustees and the former trustee or a court order. The periods of limitation under subsection (b) shall not be tolled except by a written agreement of the trust advisors, trust protectors, and trustees or a court order. Without limiting the circumstances under which a court may issue an order tolling the period of limitations, a court may issue an order tolling the period of limitations under this section during the pendency of any action described in RSA 564-B:10-1014(c)(3).
13 New Section; Uniform Trust Code; Enforcement of No-Contest Provision. Amend RSA 564-B by inserting after section 10-1013 the following new section:
564-B:10-1014 Enforcement of No-Contest Provision.
(a) For the purposes of this section, a “no-contest provision” of a trust instrument means a provision that, if given effect, would reduce or eliminate the interest of any beneficiary of such trust who, directly or indirectly, initiates or otherwise pursues:
(1) Any action to contest the validity of the trust or the terms of the trust;
(2) Any action to set aside or vary the terms of the trust;
(3) Any action to challenge the acts of the trustee or other fiduciary of the trust in the performance of the trustee’s or other fiduciary’s duties as described in the terms of the trust; or
(4) Any other act or proceedings to frustrate or defeat the settlor’s intent as expressed in the terms of the trust.
(b) A no-contest provision shall be enforceable according to the express terms of the no-contest provision without regard to the presence or absence of probable cause for, or the beneficiary’s good or bad faith in, taking the action that would justify the complete or partial forfeiture of the beneficiary’s interest in the trust under the terms of the no-contest provision. A no-contest provision shall be unenforceable to the extent that the trust is invalid because of fraud, duress, undue influence, lack of testamentary capacity, or any other reason. In the case of an action solely to challenge the acts of the trustee or other fiduciary of the trust, a no-contest provision shall be unenforceable to the extent that the trustee or other fiduciary has committed a breach of fiduciary duties or breach of trust.
(c) Subsection (b) shall not apply to:
(1) Any action brought by the trustee or any other fiduciary serving under the terms of the trust, unless the trustee or other fiduciary is a beneficiary against whom the no-contest provision is otherwise enforceable;
(2) Any agreement among the beneficiaries and any other interested persons in settlement of a dispute or resolution of any other matter relating to the trust, including without limitation any nonjudicial settlement agreement;
(3) Any action to determine whether a proposed or pending motion, petition, or other proceeding constitutes a contest within the meaning of a no-contest provision;
(4) Any action brought by a beneficiary or on behalf of any such beneficiary for a construction or interpretation of the terms of the trust; or
(5) Any action brought by the attorney general for a construction or interpretation of a charitable trust or a trust containing a charitable interest if a provision exists in a trust purporting to penalize a charity or charitable interest for contesting the trust if probable cause exists for instituting proceedings.
(d) It is the intent of this section to enforce the settlor’s intent as reflected in a no-contest provision to the greatest extent possible. The provisions of this section shall be construed and applied in a manner consistent with such intent.
(e) This section shall apply to all judicial proceedings concerning the enforcement or interpretation of a no-contest provision commenced on or after its effective date.
14 New Section; Uniform Trust Code; Limitation of Action Against a Trust Advisor or Trust Protector. Amend RSA 564-B by inserting after section 12-1205 the following new section:
564-B:12-1206 Limitation of Action Against a Trust Advisor or Trust Protector.
(a) A beneficiary shall commence a proceeding against a trust advisor or trust protector for breach of trust within the earlier of:
(1) One year after the date on which the beneficiary or the beneficiary’s representative was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding; or
(2) Three years after the date on which the beneficiary or the beneficiary’s representative was sent a report that adequately disclosed the existence of a potential claim for breach of trust.
(b) A fiduciary shall commence a proceeding against a trust advisor or trust protector for breach of trust within 3 years after the date on which the fiduciary was sent a report that adequately disclosed the existence of a potential claim for breach of trust; provided, however, that a fiduciary shall not commence a proceeding against a trust advisor or trust protector for breach of trust if, under subsection (a), none of the beneficiaries may commence a proceeding against the trust advisor or trust protector for such breach of trust. For purposes of this section, a “fiduciary” means any trustee, trust advisor, or trust protector.
(c) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the recipient knows of the potential claim or should have inquired into its existence.
(d) The periods of limitation under subsection (a) shall not be tolled for any reason, except by a written agreement of the qualified beneficiaries and each of the trust advisors and trust protectors against whom a beneficiary may commence a proceeding or a court order. The periods of limitation under subsection (b) shall not be tolled for any reason, except by a written agreement of the trustees and each of the trust advisors and trust protectors against whom a fiduciary may commence a proceeding or a court order. Without limiting the circumstances under which a court may issue an order tolling the period of limitations, a court may issue an order tolling the period of limitations under this section during the pendency of any action described in RSA 564-B:10-1014(c)(3).
(e) Nothing in this section shall limit the authority of the attorney general or the department of health and human services provided by common law or other statute.
15 Uniform Principal and Income Act; Conversion to Unitrust. Amend RSA 564-C:1-106(a)-(b) to read as follows:
(a) Unless expressly prohibited by the terms of the trust, a trustee may convert a trust into a unitrust as described in this section if all of the following apply:
(1) The trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor [or testator], as defined in RSA 564-B:1-103(15), and the purposes of the trust.
(2) The trustee gives written notice of the trustee’s intention to convert the trust into a unitrust and of how the unitrust will operate, including what initial decisions the trustee will make under this section, to all the [sui juris] qualified beneficiaries, as defined in RSA 564-B:1-103(12) and including the director of charitable trusts if, with respect to the trust, the director has the right of a “qualified beneficiary” under RSA 564-B:1-110(c). [who:
(A) Are currently eligible to receive income from the trust;
(B) Would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of all the beneficiaries eligible to receive income under subparagraph (a)(2)(A) were to terminate immediately before the giving of notice; and
(C) Would receive, if no powers of appointment were exercised, a distribution of principal if the trust were to terminate immediately prior to the giving of notice.
(3) There is at least one sui juris beneficiary under subparagraph (a)(2)(A) and at least one sui juris beneficiary under subparagraph (a)(2)(B).
(4) No sui juris] (3) No qualified beneficiary objects to the conversion to a unitrust in a writing delivered to the trustee within 60 days of the mailing of the notice under subparagraph (a)(2).
(b)(1) The trustee may petition the court to approve the conversion to a unitrust if [any of the following apply:
(A) A beneficiary timely objects to the conversion to a unitrust.
(B) There are no sui juris beneficiaries under subparagraph (a)(2)(A).
(C) There are no sui juris beneficiaries under subparagraph (a)(2)(C).] a qualified beneficiary timely objects to the conversion of the unitrust.
(2) A qualified beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the court to order the conversion.
(3) The court shall approve the conversion or direct the requested conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor [or testator] and the purposes of the trust.
16 Uniform Principal and Income Act; Conversion to Unitrust. Amend RSA 564-C:1-106(j)-(l) to read as follows:
(j)(1) If subparagraph (i)(3), (i)(4), or [(i)(5)] (i)(6) applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may convert the trust, unless the exercise of the power by the remaining trustee or trustees is prohibited by the terms of the trust.
(2) If subparagraph (i)(3), (i)(4), or [(i)(5)] (i)(6) applies to all the trustees, the trustees may petition the court to direct a conversion.
(k) A trustee may permanently release the power conferred by paragraph (a) or may release the power conferred by paragraph (a) for a specified period including a period measured by the life of an individual to convert to a unitrust if any of the following apply:
(1) The trustee is uncertain about whether possessing or exercising the power will cause a result described in subparagraph (i)(3), (i)(4), or (i)(5).
(2) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in paragraph (i).
(l) [The provisions of RSA 564-B:3-304 shall apply with respect to beneficiaries other than sui juris beneficiaries] For the purposes of this section, a person may represent and bind another person in accordance with Article 3 of RSA 564-B.
17 Uniform Trust Code; Conforming Change. Amend RSA 564-B:3-304 to read as follows:
564-B:3-304 Representation by Person Having Substantially Identical Interest. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. [Nothing in this section shall expand or limit the virtual representation of sui juris beneficiaries for purposes of RSA 564-C:1-106.]
18 New Paragraph; Uniform Trust Code; Notice for Minors and Incapacitated Persons. Amend RSA 564-B:1-109 by inserting after paragraph (d) the following new paragraph:
(e) Notice to any minor or incapacitated individual shall not be effective unless such notice is sent to a person who represents and can bind such minor or incapacitated individual in accordance with the provisions of Article 3 of this chapter.
19 Qualified Dispositions in Trust Act; When Transferor May Serve as Trust Advisor. Amend RSA 564-D:5 to read as follows:
564-D:5 Transferor May Serve as Trust Advisor. Any individual, including the transferor of the qualified disposition, may serve as a trust advisor as described in RSA 564-D:4. However, if such transferor serves as the trust advisor, his or her rights and powers as a trust advisor shall be limited to [the right to disapprove distributions from the trust and the right to consent to a trustee’s action or inaction relating to the investment of trust assets.]:
I. The right to direct, consent to, or veto a fiduciary’s actual or proposed investment decisions; and
II. The rights and powers described in RSA 564-D:2, II excluding any power that would enable the transferor, acting as trust advisor, to direct, consent to, veto, or otherwise participate in a distribution by the trustee to or for the benefit of the transferor, the transferor’s creditors, the transferor’s estate, or the creditors of the transferor’s estate.
20 Effective Date. This act shall take effect 60 days after its passage.
2011-1452h
Amendment to SB 51
Proposed by the Committee on Health, Human Services and Elderly Affairs - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to the establishment of an inter-departmental team to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community.
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Inter-Departmental Team. Amend RSA 126-A:5 by inserting after paragraph XVIII the following new paragraph:
XIX.(a) The commissioners of the departments of health and human services and corrections, and the attorney general shall enter into a memorandum of understanding establishing an inter-departmental team, to address responsibilities associated with the most challenging cases of individuals 18 years of age or older with developmental disabilities or acquired brain disorders who present a substantial risk to community safety as determined by a comprehensive risk assessment appropriate to the individual. The memorandum of understanding shall include a requirement for participation by the: department of health and human services, including the bureau of developmental services, the bureau of behavioral health, the division for children, youth and families, the bureau of drug and alcohol services, the New Hampshire hospital, the department of justice, and the department of corrections. The purpose of the memorandum of understanding is to promote collaboration and cooperation across all services systems to determine and recommend system responsibility for providing and/or funding specific services and supports to effectively meet the needs of the individual and the public safety of the community in accordance with the rules of the respective departments.
(b) Nothing in this paragraph shall abrogate the rights of individuals or responsibilities of agencies under RSA 171-A, RSA 171-B, RSA 137-K, or any other applicable state or federal law.
(c) Any of the departments may refer a case to the team for consideration. In addition, a county house of corrections may refer a case to the team for consideration for individuals determined eligible under RSA 171-A.
(d) The commissioners and the attorney general shall submit an annual report beginning on November 1, 2011 to the president of the senate, the speaker of the house of representatives, and the governor relative to the outcomes and recommendations of the team.
AMENDED ANALYSIS
This bill requires the commissioners of the departments of health and human services and corrections, and the attorney general to enter into a memorandum of understanding to establish an inter-departmental team, to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community.
2011-1580h
Amendment to SB 58-FN-A
Proposed by the Committee on Ways and Means - R
Amend RSA 77-A:1, XXI(a)(4) as inserted by section 2 of the bill by replacing it with the following:
(4) A qualified community development entity as defined in section 45D of the United States Internal Revenue Code, which entity is owned, controlled, or managed, directly or indirectly, by the business finance authority of the state of New Hampshire.
Amend the bill by replacing all after section 3 with the following:
4 Taxation of Income; What Taxable. RSA 77:4, V is repealed and reenacted to read as follows:
V. Amounts reported and taxed federally as dividends or interest to a holder of an ownership interest in a qualified investment company as defined in RSA 77-A:1, XXI, a mutual fund, or a unit investment trust.
5 Taxation of Income; Dividends Earned on Certain Mutual Funds and Distributions Received on Unit Investment Trusts Not Taxable. RSA 77:4-d is repealed and reenacted to read as follows:
77:4-d Special Rule for Qualified Investment Companies, Mutual Funds, and Unit Investment Trusts. Notwithstanding any other provision of RSA 77:4, the following income items shall not be treated as dividends or interest income taxable under this chapter:
I. Amounts accruing to the holder of an ownership interest in a qualified investment company, as defined in RSA 77-A:1, XXI, or a mutual fund or investment income earned or distributions received by the holder of an ownership interest in a unit investment trust, which qualified investment company, mutual fund, or unit investment trust invests solely in New Hampshire tax-exempt tax anticipation notes, bond anticipation notes, and other instruments exempt under New Hampshire law.
II. Amounts reported and taxed federally as capital gains to the holder of an ownership interest in a qualified investment company, as defined in RSA 77-A:1, XXI, a mutual fund, or a unit investment trust.
6 Applicability. Sections 1-3 of this act shall apply to taxable periods ending on or after December 31, 2010. Sections 4 and 5 of this act shall apply to taxable periods beginning on or after January 1, 2011.
7 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill adds qualified community development entities to the definition of “qualified investment company” under the business profits tax and the business enterprise tax. The bill clarifies that a New Hampshire resident investor in a qualified investment company is only taxable on his or her proportionate share of interest and dividend income earned by the qualified investment company.
The bill also adds a special rule to clarify tax treatment of capital gains earned by holders of ownership interests in qualified investment companies, mutual funds, and unit investment trusts.
2011-1404h
Amendment to SB 72-FN
Proposed by the Committee on Health, Human Services and Elderly Affairs - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to the comprehensive cancer plan fund.
Amend the bill by replacing all after the enacting clause with the following:
1 Comprehensive Cancer Plan Fund. Amend the introductory paragraph of RSA 126-A:64 to read as follows:
There is hereby established in the office of the state treasurer the comprehensive cancer plan fund, to be administered by the department of health and human services. The department is authorized to accept public sector and private sector grants, gifts, donations, and appropriations for deposit into the fund. The fund shall be nonlapsing and continually appropriated to the department, and shall be used to implement the provisions of the New Hampshire comprehensive cancer plan as developed by the New Hampshire comprehensive cancer collaboration. The fund shall be expended annually for the following purposes, with allocations determined by the [comprehensive cancer plan oversight board] commissioner of the department of health and human services, in consultation with the comprehensive cancer collaboration:
2 Repeal Date Extended. Amend 2007, 263:176, IX to read as follows:
IX. Paragraph II of section 98 of this act shall take effect June 30, 2011.
3 Effective Date. This act shall take effect June 30, 2011.
2011-1577h
Amendment to SB 75-FN
Proposed by the Special Committee on Public Employee Pensions Reform - C
Amend the bill by replacing all after section 1 with the following:
2 New Paragraph; Definition Added; Part-time Employment. Amend RSA 100-A:1 by inserting after paragraph XXXIII the following new paragraph:
XXXIV. “Part-time,” for purposes of employment of a member, means employment by an employer depending on the group classification of the employment as follows:
(a) For group I in no instance shall part-time employment of the member exceed 1,300 hours in a calendar year.
(b) For group II in no instance shall part-time employment of the member exceed 1,300 hours in a calendar year.
3 Membership; Optional. Amend the introductory paragraph of RSA 100-A:3, I(a) to read as follows:
I.(a) Any person who becomes an employee, teacher, permanent policeman, or permanent fireman after the date of establishment, working in a position for an employer under this chapter as determined by common law standards, shall become a member of the retirement system as a condition of employment; except that membership shall be optional in the case of persons who commenced service prior to July 1, 2008 who are elected officials, officials appointed for fixed terms, [unclassified state employees,] or those employees of the general court who are eligible for membership in the retirement system. Elected officials and officials appointed for fixed terms shall, however, be eligible for membership in the retirement system only under the following conditions:
4 Restoration to Service; Limited to Part-time. RSA 100-A:7 is repealed and reenacted to read as follows:
100-A:7 Service After Retirement; Part-time. No employer shall employ a member in other than a part-time position after the member’s retirement pursuant to this chapter.
5 Effective Date.
I. Sections 2-4 of this act shall take effect July 1, 2011.
II. The remainder of this act shall take effect upon its passage
AMENDED ANALYSIS
This bill defines part time employment for purposes of the New Hampshire retirement system and prohibits members in retirement from returning to full-time employment. The bill also modifies optional membership in the retirement system.
2011-1619h
Amendment to SB 82-FN
Proposed by the Committee on Education - R
Amend the title of the bill by replacing it with the following:
AN ACT extending the state board of education’s authority to approve chartered public schools, relative to the funding of chartered public schools approved by a school district, and relative to proration of unexpended funds to chartered public schools approved by the state board of education.
Amend the bill by inserting after section 2 the following and renumbering the original sections 3-4 to read as 4-5, respectively:
3 New Subparagraph; Chartered Public Schools; Funding. Amend RSA 194-B:11, I by inserting after subparagraph (d) the following new subparagraph:
(e) If at least $50,000 of funds appropriated for the purposes of this section remain unexpended at the end of a fiscal year, the commissioner of the department of education shall prorate the remaining funds among each chartered public school approved by the state board of education pursuant to RSA 194-B:3-a. Proration of funds shall be based on the average daily membership in residence of the chartered public school. This subparagraph shall not apply to the Virtual Learning Academy chartered public school.
Amend the bill by replacing section 5 with the following:
5 Effective Date.
I. Sections 1, 2, and 4 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
AMENDED ANALYSIS
This bill:
I. Repeals the 10-year pilot program for state board of education approval of chartered public schools and gives the state board of education permanent authority to approve chartered public schools.
II. Requires that the state pay tuition for each pupil attending a chartered public school located in this state but outside of the pupil’s resident school district directly to such chartered public school.
III. Requires the commissioner of the department of education to prorate unexpended appropriations of $50,000 or more at the end of a fiscal year to chartered public schools approved by the state board of education.
2011-1479h
Amendment to SB 89
Proposed by the Committee on Commerce and Consumer Affairs - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to employee leasing companies.
Amend the bill by replacing all after the enacting clause with the following:
1 Employee Leasing Deemed Co-Employment. Amend RSA 277-B:9, I (a) to read as follows:
(a) Paying wages to leased employees. The employee leasing company may rely on initial hiring documentation of wages, ongoing pay change documentation, and reported payroll documentation regarding hours worked or other measured unit of employee compensation received from the client company. [Notification shall be made in compliance with the signed notice as required by regulations issued by the department.] An employee leasing company shall not knowingly rely on materially inaccurate information provided under this paragraph.
2 Employee Leasing Deemed Co-Employment. Amend RSA 277-B:9, II(d)-(f) to read as follows:
(d) Providing accurate personnel and payroll information, and a record of hours and wages to the employee leasing company and department of labor when requested, as a co-employer on all leased employees as required of employers under RSA 279:27. Notification shall be made in compliance with the signed notice as required by rules adopted by the department.
(e) Complying with all wage and hour laws, including recordkeeping requirements and determinations of exempt and non-exempt status.
(f) Providing a safe workplace to the employees free of all hazards in compliance with the Occupational Safety and Health Act of 1970 and regulations or any similar law. This shall include sole responsibility for compliance with the requirements of RSA 281-A:64 and similar requirements or regulations.
3 Employee Leasing Deemed Co-Employment. Amend RSA 277-B:9, III to read as follows:
III. The employee leasing company shall notify the commissioner of employment security and the commissioner of the department of labor in writing of all new and terminated client companies within [10] 20 business days of engagement or termination.
4 Employee Benefits and Other Insurance. RSA 277-B:11, I and II are repealed and reenacted to read as follows:
I. An employee leasing company and a client shall each be deemed an employer under the laws of this state for the purposes of sponsoring employee welfare and retirement plans for its leased employees. Nothing in this section shall require an employee leasing company to provide comparable benefits to employees located at different work sites.
II.(a) An employee leasing company that provides health insurance benefits to its leased employees shall only provide such benefits through a fully- insured policy issued by an insurance carrier admitted to write such coverage in this state. Any such fully-insured welfare benefit plan offered to leased employees of a single employee leasing company shall be treated for purposes of state regulation as a single employer welfare benefit plan and for purposes of RSA 420-G, an employee leasing company that has employed on average at least 51 leased employees on business days during the previous calendar quarter shall be treated as a large employer.
(b) A fully-insured welfare benefit plan under this paragraph shall be exempt from any licensing requirements pursuant to RSA 420-L or 415-E.
5 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill clarifies the procedures for employee benefits and other insurance for employee leasing companies.
2011-1573h
Amendment to SB 116
Proposed by the Committee on Commerce and Consumer Affairs - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to the manufactured housing installation standards board and relative to the definition of a modular building.
Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:
4 Modular Building Standards; Definition of Modular Building. Amend RSA 205-C:1, XI to read as follows:
XI. “Modular building” means any building of closed construction, which is made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site. This definition shall not be construed to include any structure labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, nor shall it include single-wide structures under 750 square feet, provided that they are not for residential or classroom use, nor shall it include any recreational vehicle or park trailer as defined in American National Standards Institute A119.2, Standard for Recreational Vehicles, or A119.5, Standard for Park Trailers, or any building type not subject to the requirements of nationally recognized model building codes.
AMENDED ANALYSIS
This bill:
I. Requires a licensed installer or manufacturer to attach a warranty seal to a manufactured home.
II. Removes the requirement that the manufactured housing installation standards board meet at least every 90 days and permits the board to meet at the call of the board or the chairperson.
III. Provides that a licensed installer’s employer may file the required surety bond or letter of credit on behalf of the licensee.
IV. Clarifies the definition of a modular building under RSA 205-C, relative to modular building standards.
2011-1606h
Amendment to SB 129-FN
Proposed by the Majority of the Committee on Election Law - R
Amend the bill by replacing all after the enacting clause with the following:
1 Obtaining a Ballot. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot.
I. A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name to one of the ballot clerks who shall thereupon repeat the name; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the correction. The ballot clerk shall request that the voter present a valid photo identification meeting the requirements of paragraph II. If the voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may vote by provisional ballot in accordance with RSA 659:13‑b and present a valid photo identification to the city or town clerk within 3 days of the election. If the photo identification has an address that does not match the address on the checklist, the ballot clerk shall record the address from the photo identification on the checklist in a color designated for such entries and the supervisors of the checklist shall submit the additional address information to the secretary of state. The voter, if still qualified to vote in the town or ward and having presented a valid photo identification verifying the voter’s identity, and unless challenged as provided for in RSA [659:27-33] 659:27 through 659:33, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space, the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state.
II. A valid photo identification shall satisfy all the following:
(a) The identification shows the name of the individual to whom the identification was issued, and the name substantially conforms to the name in the individual’s voter registration record.
(b) The identification shows a photograph of the individual to whom the identification was issued.
(c) The identification was issued by the United States or the state of New Hampshire, or is a valid state driver’s license.
2 New Section; Provisional Ballot. Amend RSA 659 by inserting after section 13-a the following new section:
659:13-b Provisional Ballot.
I. If a voter has not presented a valid voter identification under RSA 659:13 and is otherwise qualified to vote, the voter may cast a provisional ballot. The ballot clerk shall indicate on the checklist that the voter has voted by provisional ballot. The provisional ballot shall be the same as the ballot used at the polling place, but shall be sealed by the voter after he or she has marked the ballot in a provisional ballot envelope. The envelope shall contain an affidavit to be executed by the voter containing the same information as the affidavit of a challenged voter and shall sufficiently identify the voter to allow verification of the ballot once the voter has confirmed his or her identity.
II. The moderator shall retain possession of the provisional ballots in their sealed envelopes until the closing of the polls, at which time the moderator shall cause the provisional ballots to be delivered to the city or town clerk.
III. Within 3 days of the election, a voter who has cast a provisional ballot may appear in person before the city or town clerk and present a valid photo identification meeting the requirements of RSA 659:13, II. Upon satisfaction of the identity of the voter, the clerk shall mark the checklist and provisional ballot envelope to that effect. At the expiration of 3 days from the date of the election, the clerk shall forward all provisional ballots for which verification of identity has been provided to the moderator.
IV. The moderator, upon receipt of the verified provisional ballots, shall open the envelopes and count the votes. The moderator shall prepare an amended election return, which shall be prepared and forwarded in the same manner as any other election return. Provisional ballots shall be sealed and preserved in the same manner as other ballots.
3 Election Fund Reimbursement. Amend RSA 5:6-d, III to read as follows:
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, reimbursing the department of safety for nondriver’s picture identification cards, election law enforcement, and improvements to related information technology, including acquisition and operation of an automated election management system. The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 15 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
4 Identification Cards; Voucher. Amend RSA 260:21, V to read as follows:
V. The fee for such card shall be $10 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his driver’s license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65. A person who requires an identification card for voter identification purposes may obtain a voucher from his or her town or city clerk exempting the person from the identification card fee. Upon presentation of the voucher, the actual costs of issuing the card shall be paid by the secretary of state from the election fund established under RSA 5:6-d.
5 Voter Education.
I. The department of state shall prominently display on the department’s website information for voters relating to the photo identification requirements established by this act. The department shall also provide explanatory information relating to this act to media outlets for the purpose of educating the public regarding voter identification requirements.
II. Every town and city clerk shall prominently display a notice prepared by the secretary of state explaining the photo identification requirements for voters and directing voters to the department of state’s website for additional information. Such notice shall be displayed for at least 14 days prior to each election held after the effective date of this act during 2011 and 2012.
6 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill requires that a voter present a valid photo identification to vote in person. Voters without photo identification may vote by provisional ballot. This bill also requires that the secretary of state pay the cost for a nondriver’s picture identification card upon presentation of a voucher from the town or city clerk.
2011-1431h
Amendment to SB 148-FN
Proposed by the Majority of the Committee on Commerce and Consumer Affairs - R
Amend the title of the bill by replacing it with the following:
AN ACT relative to health insurance coverage, requiring the attorney general to join the lawsuit challenging the Patient Protection and Affordable Care Act, and requiring federal grant moneys received by the state for implementation of the Patient Protection and Affordable Care Act to be returned to the federal government.
Amend the bill by replacing all after section 1 with the following:
2 Statement of Findings. The general court finds that:
I. Several federal courts have ruled that the Patient Protection and Affordable Care Act is unconstitutional and at least one federal court has ruled the act nonseverable.
II. The New Hampshire insurance department has accepted federal moneys for implementation of a law which is likely to be ruled unconstitutional and therefore is likely to be invalidated.
III. The general court is concerned with the spending of all tax dollars, whether at the state or federal level, when the federal government is running a massive structural deficit.
3 Lawsuit Challenging the Federal Patient Protection and Affordable Care Act. The attorney general shall, no later than July 1, 2011, move to join the state of New Hampshire as a plaintiff in the lawsuit pending in federal court captioned State of Florida et al. v. United States Department of Health and Human Services et al.
4 Funds From Grants Returned to Department of Health and Human Services. The state treasurer shall return any grant funds received by the insurance department for purposes of implementing the Patient Protection and Affordable Care Act to the federal Department of Health and Human Services for the purpose of reducing the federal budget deficit.
5 Effective Date.
I. Section 1 of this act shall take effect July 1, 2011.
II. The remainder of this act shall take effect upon its passage.
AMENDED ANALYSIS
This bill:
I. Provides that a resident of New Hampshire shall not be required to obtain, or be assessed a fee or fine for failure to obtain, health insurance coverage.
II. Requires the attorney general to join the state of New Hampshire as a plaintiff in the lawsuit pending in federal court captioned State of Florida et al. v. United States Department of Health and Human Services et al.
III. Requires certain grant moneys received by the New Hampshire insurance department for the implementation of the Patient Protection and Affordable Care Act to be returned to the federal government.
2011-1420h
Amendment to SB 151-FN
Proposed by the Committee on Health, Human Services and Elderly Affairs - C
Amend the bill by replacing section 1 with the following:
1 Contract Consolidation; Department of Health and Human Services. No later than January 1, 2012, the commissioner of the department of health and human services shall develop a plan to consolidate contracts of the department including, but not limited to, contracts for the acquisition of goods and services and for the provision of services to clients of the department. The plan shall be provided for review and comment to the oversight committee on health and human services established pursuant to RSA 126-A:13. For the remainder of the biennium ending June 30, 2013, the commissioner shall provide reports on a quarterly basis to the oversight committee on implementation of the contract consolidation plan.
2011-1578h
Amendment to SB 154-FN
Proposed by the Committee on Resources, Recreation and Development - R
Amend the bill by replacing sections 13 and 14 with the following:
13 Enforcement by Commissioner; Duties; Woodland Buffer. Amend RSA 483-B:5, II to read as follows:
II. The commissioner or his or her designee may, for cause, enter upon any subject land or parcel at any reasonable time after written notification to perform oversight and enforcement duties provided for in this chapter.
14 Permit Required; Exemption. Amend RSA 483-B:5-b, I to read as follows:
I.(a) No person shall commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department to ensure compliance with this chapter. Projects which have no impact on water quality and which follow department rules shall qualify for a permit by notification. The owner may proceed with the proposed project immediately upon receipt of written notice from the department that a complete and accepted notification has been received by the department. A notification shall be complete and accepted provided it meets or exceeds all of the minimum standards under RSA 483-B:9, includes a notification form signed by the owner of property, the name and address of the property owner, the address of the site on which the work will occur, the name of the jurisdictional waterbody, the tax map and lot number on which the proposed work will occur, plans clearly and accurately depicting the work to be completed relative to the reference line of the jurisdictional waterbody, photographs of the area to be impacted, and identification of those project criteria listed below that would qualify the project for a permit by notification. Such project criteria shall include:
(1) Construction, excavation, and filing, or other activity that impacts less than 1,500 square feet and adds no more than 900 square feet of impervious area within a protected shoreland area.
(2) Construction, excavation, and filling, directly related to stormwater management improvements and erosion control projects or environmental restoration or enhancement projects.
(3) Maintenance, repairs, and improvements of public utilities, public roads, and public access facilities.
(4) Any similar activities defined as qualified for a permit by notification by rules of the department.
(b) The permit application fee shall be $100 plus $.10 per square foot of area affected by the proposed activities and shall be deposited in the wetlands and shorelands review fund established under RSA 482-A:3, III. Such fees shall be capped as follows:
(1) For projects that qualify for permit by notification under this paragraph and RSA 483-B:17, X, $100 for restoration of water quality improvement projects and $250 for all other permit by notification projects.
(2) For projects of 0-9,999 square feet, that do not qualify for a permit by notification, $750.
(3) For projects of 10,000-24,999 square feet, $1,875.
(4) For projects of 25,000 square feet or more, $3,750.
(c) If the application is denied after relying on the recommendations of the department, the application fee shall be refunded to the applicant within 30 days of such denial.
Amend RSA 483-B:5-b, V(d) as inserted by section 16 of the bill by replacing it with the following:
(d) Within 5 business days of receipt of a permit by notification filing, the department shall issue a written notice to the property owner or agent stating that the notification has either been accepted or rejected. If the department does not respond within the 5-day period, the property owner or agent may submit to the department a written request for a response. A request submitted electronically by the applicant shall constitute a written request provided that the applicant has previously agreed to accept electronic communication. If the department fails to respond to the written request within an additional 5 days the property owner or agent shall be deemed to have a permit by notification and may proceed with the project as presented in the notification filing. The authorization provided by this subparagraph shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under this chapter and RSA 485-A relative to water quality.
Amend RSA 483-B:5-b,V(e)(4) as inserted by section 16 of the bill by replacing it with the following:
(4) Upon receipt of a written request from an applicant, the department shall issue written confirmation that the applicant has a permit by default pursuant to subparagraph [(d)] (e)(3), which authorizes the applicant to proceed with the project as presented in the application and requires the work to comply with all requirements applicable to the project, including but not limited to requirements established in or under this chapter and RSA 485-A relating to water quality.
Amend the bill by replacing section 17 with the following:
17 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, II(d) to read as follows:
(d) No fertilizer, except limestone, shall be applied to vegetation or soils located within 25 feet of the reference line of any public water. Beyond 25 feet, [low phosphate, slow release nitrogen fertilizer or limestone,] slow or controlled release fertilizer, as defined by rules adopted by department, may be used [on areas beyond 25 feet from the reference line].
Amend RSA 483-B:9, V(a)(2)(C) as inserted by section 18 of the bill by replacing it with the following:
(C) No natural ground cover shall be removed except as necessary for a foot path to water and access ways as provided under RSA 483-B:9, V(a)(2)(D), (viii) and (ix), for normal maintenance, to protect the waterfront buffer, cutting those portions that have grown over 3 feet in height for the purpose of providing a view, to provide access to natural areas or shoreline, or as specifically approved by the department, pursuant to RSA 482-A or RSA 483-B.
Amend RSA 483-B:9, V(a)(2)(D)(iv) as inserted by section 18 of the bill by replacing it with the following:
(iv) If the total tree and sapling score in any 50 foot by 50 foot segment exceeds 50 points, then trees, saplings, and shrubs over 3 feet in height may be removed as long as the sum of the scores for the remaining trees and saplings in that segment does not total less than 50 points. If for any reason there is insufficient area for a full segment, or the segment contains areas incapable of supporting trees and saplings, such as areas of rock, ledge, or beaches, the point score requirement for the remaining vegetation in that partial segment shall be reduced proportionally to that required of a full segment. Vegetation shall not be removed from any segment which fails to meet the minimum point score for that segment. Owners are encouraged to take efforts to plan the maintenance of their waterfront buffer areas including the planting of additional non-invasive vegetation to increase point scores within segments, thus providing sufficient points to allow the future removal of vegetation as may become necessary while still meeting the requirements of this paragraph.
Amend the bill by replacing section 27 with the following:
27 Permit Application Fees; Effective Date. Amend 2008, 5:28, II to read as follows:
II. Section 27 of this act shall take effect July 1, [2011] 2016.
2011-1522h
Amendment to SB 162-FN
Proposed by the Committee on Commerce and Consumer Affairs - R
Amend the title of the bill by replacing it with the following:
AN ACT relative to implementation of federal health care reform.
Amend the bill by replacing all after the enacting clause with the following:
1 Federal Health Care Reform 2010; Authority of Commissioner. Amend the introductory paragraph of RSA 420-L:3 to read as follows:
The commissioner shall have the authority to enforce the consumer protections and market reforms as set forth in the Act that relate to insurance. Before establishing standards for enforcing the provisions of the Act, the commissioner shall obtain approval from the oversight committee, established in RSA 420-L:6. This provision requiring approval of the oversight committee before establishing standards for the enforcement of the provisions of the Act that relate to insurance shall apply to any state official or agency that seeks to enforce the insurance provisions of the Act. This section shall not include the medical assistance program under RSA 167. The commissioner shall have full power and authority in accordance with the time frames set forth in the Act to:
2 Health Insurance Oversight Committee; Duties. Amend RSA 420-L:6 to read as follows:
420-L:6 Health Insurance Reform Oversight Committee. There is established a health insurance reform oversight committee consisting of 2 members of the senate, appointed by the president of the senate, one of whom shall be from the senate commerce[, labor and consumer protection] committee, and 3 members of the house of representatives, appointed by the speaker of the house, 2 of whom shall be from the house commerce and consumer affairs committee. The committee shall elect from its membership a chairman. The committee shall meet at the request of the commissioner[, but no more frequently than monthly] or the chairman. The commissioner shall make such periodic reports to the oversight committee relative to the department’s federal insurance reform implementation plans and initiatives as may be required by the oversight committee. The oversight committee shall make [a summary] an annual report on federal insurance reform implementation, together with any recommendations for legislation, to the house commerce and consumer affairs committee and the senate commerce[, labor and consumer protection] committee [by the first day of the 2011 legislative session] on or before November 1, 2011 and thereafter on or before November 1 of each year.
3 Repeal. The following are repealed:
I. 2010, 243:15, relative to the repeal of RSA 420-L regarding federal health care reform.
II. 2010, 243:16, relative to the expiration of rules adopted pursuant to RSA 420-L.
4 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill removes the repeal of the law authorizing the insurance commissioner to implement the insurance reforms required under federal law. This bill also requires the insurance department to obtain approval from the health insurance reform oversight committee before implementing any of the federal changes.
2011-1544h
Amendment to SB 170
Proposed by the Committee on Executive Departments and Administration - R
Amend the bill by replacing section 1 with the following:
1 Statement of Purpose. The general court finds that the New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA) is an insurance plan funded in the first instance by premiums paid by policyholders. Since 1986, the NHMMJUA has amassed more funds through premium payments than is necessary to sustain operations. Return premiums should be issued to all policyholders who have contributed to the current surplus of funds.
Amend RSA 404-C:14, I as inserted by section 2 of the bill by replacing it with the following:
I. Notwithstanding any provision of law to the contrary, no officer or agent of the state shall take or transfer, through taxation of the New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA) or otherwise, any funds held by the NHMMJUA on the effective date of this section in a manner inconsistent with this section. Nothing in this section shall preclude the collection of applicable state taxes, if any, owed by policyholders as a result of the return of funds referenced in this section.
Amend RSA 404-C:14 as inserted by section 2 of the bill by inserting after paragraph VI the following new paragraph:
VII.(a) Independent of the mandates of paragraphs I through VI, inclusive, which are intended to resolve historical matters, there is also established a commission to study the future of the NHMMJUA.
(b) The members of the commission shall be as follows:
(1) Two members of the senate, appointed by the president of the senate.
(2) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(3) One representative of the New Hampshire Medical Society who is or has been a policyholder of the NHMMJUA, appointed by the society.
(4) One representative of the New Hampshire Association of Domestic Insurance Companies, appointed by the association.
(5) One member of the current NHMMJUA board of directors, appointed by the board.
(6) The insurance commissioner, or designee.
(c) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
(d) The commission shall study the NHMMJUA for the purpose of making recommendations for proposed legislation concerning its future, form, and function. The commission may solicit information from any person the commission deems relevant to its study.
(e) The members of the commission shall elect a chairperson from among the members at the first meeting. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. A majority of the members of the commission shall constitute a quorum.
(f) The commission shall report its findings and any recommendations for proposed legislation to the president of the senate and the speaker of the house of representatives on or before December 1, 2011.
Amend the bill by replacing all after section 2 with the following:
3 Repeal. RSA 404-C:14, VII, relative to commission to study the future of the NHMMJUA, is repealed.
4 Effective Date.
I. Section 3 of this act shall take effect December 31, 2011.
II. The remainder of this act shall take effect upon its passage.
AMENDED ANALYSIS
This bill:
I. Declares that the state shall not take or transfer, through taxation or otherwise, any funds now held by the New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA).
II. Requires the NHMMJUA, the insurance commissioner, and a representative of NHMMJUA policyholders to jointly approach the Internal Revenue Service to resolve any federal tax liability arising from excess surplus funds.
III. Establishes a commission to study the future of the NHMMJUA.
HOUSE RECORD
First Year of the 162nd General Court
Calendar and Journal of the 2011 Session
Vol. 33 Concord, N.H. Wednesday, May 4, 2011 No. 36A
Contains: Corrected Committee Report, Additional Amendments for May 4
ADDENDUM TO HOUSE CALENDAR 36
WEDNESDAY, MAY 4
REGULAR CALENDAR
ELECTION LAW
CORRECTED COMMITTEE REPORT
SB 129-FN, relative to presenting photo identification to vote in person and relative to the election fund. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Kathleen M Hoelzel for the Majority of Election Law: This bill requires a voter to present a valid photo I.D. to the ballot clerk prior to voting. There are provisions in the bill to allow a “provisional ballot” to be submitted if the individual does not have the identification with them. The individual would need to present the valid photo I.D. within three days of the election in order that the provisional ballot be counted. There are also provisions for a voter to obtain a photo I.D. card free of charge if he/she does not have a valid photo I.D. Vote 13-5.
Rep. David M Pierce for the Minority of Election Law: The amendment to this bill passed even though there were substantial questions that were not answered, or even discussed, before the majority moved to call the question so a vote could be taken. The chair did not accept the motion, but the unmistakable import of that move was that the majority of the committee was not going to investigate the issues any further. The few answers the committee did get should have compelled a vote to retain the bill. Here's what the committee did discuss and learn: The Secretary of State testified extensively about the bill. From that testimony and from his deputy’s testimony before the subcommittee the day before, it was made clear that that the bill’s provisional ballot requirement is unworkable because ofNew Hampshire’s uniquely short statutory and constitutional timeframes between the state’s primary election and general election and between the general election and the legislative summons. The secretary pointed out that it will also profoundly affect the recount process for the worse by inviting protracted battles over the counting of the provisional ballots. More frightening, though, was the secretary’s sense that the bill actually opens up the system to a new and different types of election fraud instead of combating it. The Secretary of State, the state’s chief election officer, said that if the committee wanted to pass a photo id requirement it would be prudent for it to pass something else and not this legislation. But probably the most disturbing thing that the committee learned was that the provisional ballot is not a secret ballot because it removes safeguards so that it would be easier to see how an individual voter voted. Here's what the committee did not discuss: The committee never got to a whole host of other questions about the bill. The committee did not discuss whether the bill is constitutional under Part I, Article 11 of the New Hampshire constitution. The committee never even discussed the framework that should be used to analyze its constitutionality. The committee couldn’t answer the question about whether the bill would be subject to the constitution’s rational basis test or to a strict scrutiny analysis. The list of substantial and genuine questions about the bill goes on and on. Here's what the committee should have done: The bottom line is that the committee should have retained the bill. It should have honored its constitutional duty to pass legislation only once it satisfied itself that the bill is itself constitutional and that all relevant questions were asked, answered and adequately addressed. What the committee passed on to the House falls far below the high standards that the House Election Law Committee usually sets for itself and is not yet worthy of the House’s consideration. The right to vote is the most fundamental right we have to keep government in its place. We ought to know what we’re doing before we reform it in such a profound and fundamental way.
AMENDMENTS
(LISTED IN NUMERICAL ORDER)
2011-1697h
Floor Amendment to CACR 5
Proposed by Rep. Terrio
Amend the resolution by replacing the title with the following:
RELATING TO: the governor’s power to reduce appropriations.
PROVIDING THAT: the governor, with the consent of the majority of the executive council, shall have line item reduction power of items in any bill making appropriations of money.
Amend the resolution by replacing paragraph I with the following:
I. That the second part of the constitution be amended by inserting after article 44 the following new article:
[Art.] 44-a. [Line Item Veto to Appropriations Bills.] The governor, with the consent of the majority of the executive council, shall have the power to reduce separate items of appropriation in any bill. Items not reduced shall then become law. Items reduced shall be returned to the general court for reconsideration singly in the same manner as provided for the reconsideration of bills pursuant to Article 44. If the governor’s reduction is overturned then the item with the amount originally presented to the governor shall become law, otherwise the item with the reduced amount shall become law.
Amend the resolution by replacing paragraph IV with the following:
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the second part of the constitution by inserting after article 44 the following new article to read as follows:
[Art.] 44-a. [Line Item Veto to Appropriations Bills.] The governor, with the consent of the majority of the executive council, shall have the power to reduce separate items of appropriation in any bill. Items not reduced shall then become law. Items reduced shall be returned to the general court for reconsideration singly in the same manner as provided for the reconsideration of bills pursuant to Article 44. If the governor’s reduction is overturned then the item with the amount originally presented to the governor shall become law, otherwise the item with the reduced amount shall become law.”
AMENDED ANALYSIS
This constitutional amendment-concurrent resolution affords the governor, with the consent of the majority of the executive council, line item reduction power of any items in any bill which makes appropriations of money.
2011-1710h
Floor Amendment to SB 3-FN-A-LOCAL
Proposed by Rep. Hawkins
Amend the bill by replacing section 15 with the following:
15 Financing; Contribution Rates; Group II Member Payroll Deduction. Amend RSA 100-A:16, I(a) to read as follows:
(a)(1) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, subject to the additions to member contributions under RSA 100-A:16, II(f), dependent upon the member’s employment classification at the rate determined in accordance with the following table:
[Employees of employers other than the state 5.00
Employees of the state hired on or before June 30, 2009 5.00
Employees of the state hired after June 30, 2009 7.00
Teachers 5.00
Permanent Policemen 9.30
Permanent Firemen 9.30 ]
Group I members, 7.00
Group II permanent fireman members, 11.80
Group II permanent police members, 11.55
(2) The board of trustees shall certify to the proper authority or officer responsible for making up the payroll of each employer, and such authority or officer shall cause to be deducted from the compensation of each member, except group II members who are in vested status before July 1, 2011 with creditable service in excess of 40 years or group II members who are not in vested status on July 1, 2011 with creditable service in excess of 25 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member. No deduction from earnable compensation under this paragraph shall apply to any group II member who is in vested status before July 1, 2011 with creditable service in excess of 40 years, or group II member who is not in vested status on July 1, 2011 with creditable service in excess of 25 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), and this provision for such members shall not affect the method of determining average final compensation as provided in RSA 100-A:1, XVIII. In determining the amount earnable by a member in a payroll period, the board may consider the rate of compensation payable to such member on the first day of a payroll period as continuing throughout the payroll period and it may omit deduction from compensation for any period less than a full payroll period if such person was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed 1/10 of one percent of the annual earnable compensation upon the basis of which such deduction is made. The amounts deducted shall be reported to the board of trustees. Each of such amounts, when deducted, shall be paid to the retirement system at such times as may be designated by the board of trustees and credited to the individual account, in the member annuity savings fund, of the member from whose compensation the deduction was made.
Amend the bill by replacing section 40 with the following:
40 Applicability. Provisions of this act in sections 2, 4–14, RSA 100-A:16, I(a)(2) as inserted by section 15, 27, 35, and 39 containing references to or applicability on June 30, 2011 and July 1, 2011 shall be changed to November 30, 2011 and December 1, 2011, respectively.
41 Effective Date.
I. Section 36 of this act shall take effect as provided in section 38 of this act.
II. RSA 100-A:16, I(a)(1) as inserted by section 15 of this act shall take effect July 1, 2011.
III. The remainder of this act shall take effect December 1, 2011.
2011-1674h
Floor Amendment to SB 3-FN-A-LOCAL
Proposed by Rep. Shurtleff
Amend the bill by replacing sections 2-4 with the following:
2 Retirement System; Definition of Earnable Compensation. Amend RSA 100-A:1, XVII to read as follows:
XVII. “Earnable compensation’’ shall mean:
(a) For all members who commenced service on or before August 31, 2011, the full base rate of compensation paid plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, additional pay for extracurricular and instructional activities or for other extra or special duty, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers’ compensation, and teacher development pay that is not part of the contracted annual salary. However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1- 1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member’s termination of employment from a retirement eligible position, with the limited exceptions of disability related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member’s termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member’s termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.
(b) For any member who commenced service on or after September 1, 2011, the full base rate of compensation paid plus any compensation for mandatory training and any military differential pay. However, earnable compensation in the final 2 12-month periods of creditable service prior to termination of employment shall each be limited to 1-1/2 times the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 24 months. Any compensation received in the final 24 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen. Earnable compensation shall not include compensation in any form paid later than 120 days after the member’s termination of employment from a retirement eligible position.
3 Retirement System; Definitions; Average Final Compensation. Amend RSA 100-A:1, XVIII to read as follows:
XVIII. “Average final compensation” shall mean, for members who commenced service prior to September 1, 2011, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years. For members who commenced service on or after September 1, 2011, “average final compensation” shall mean the average annual earnable compensation of a member during his or her highest 5 years of creditable service, or during all of the years in his or her creditable service if less than 5 years.
4 New Section; Retirement Qualification Age and Benefit Calculation Tables. Amend RSA 100-A by inserting after section 1 the following new section:
100-A:1-a Retirement Qualification Age and Benefit Calculation Tables. Where applicable the following tables shall apply to group I and group II members for the purpose of determining the member’s retirement qualification age, years of service, and benefit calculation:
I. For Group I members who:
Retirement qualification age Multiplier
Commenced service before September 1, 2011 60 1/60
Commenced service on or after September 1, 2011 65, subject to paragraph III 1/66
II. For Group II members who:
Minimum years of service Minimum age attained Annuity multiplier Commenced service
before September 1, 2011 20 45 2.5%
Commenced service on
or after September 1, 2011 25 50, subject to paragraph III 2.0%
III. The regular retirement qualification age for group I and group II members who commenced service on or after September, 1, 2011 shall be subject to increase according to the following procedure:
(a) Beginning July 1, 2016 and on every subsequent 5-year anniversary thereafter, the executive director shall adjust the ages required according to the increase in the average life expectancy at birth for persons born in the United States as reported in that year by the United States Census Bureau. For each increase in such average life expectancy of at least one full year which occurred during the immediately preceding five-year period, the corresponding number of full years shall be added to the ages identified in this section. Any unused portion of a full-year increase in the average life expectancy shall be carried forward to the subsequent 5-year period.
(b) The board of trustees, following each such 5-year anniversary, shall certify the average life expectancy to be used by the executive director in adjusting the ages according to this section, and shall inform all employers and members of the changes to be applied.
Amend the bill by replacing section 7 with the following:
7 Service Retirement; Age Increased. Amend RSA 100-A:5 to read as follows:
100-A:5 Service Retirement Benefits.
I. Group I Members.
(a) Any group I member may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing thereof, the member desires to be retired, provided the member at the time so specified for retirement has attained [age 60] the retirement qualification age under RSA 100-A:1-a, I and notwithstanding that during such period of notification the member may have separated from service. For the purposes of this section, a teacher member of group I who remains in service throughout a school year shall be deemed to be in service during July and August at the end of such school year.
(b) Upon service retirement, an employee member or teacher member of group I shall receive a service retirement allowance which shall consist of a member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a state annuity. Prior to the member’s attainment of age 65, the state annuity, together with the member annuity, shall be equal to [1/60 of the member’s average final compensation] the benefit multiplier under RSA 100-A:1-a, I multiplied by the number of years of creditable service. After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation multiplied by the number of years of creditable service. Provided, however, that for members who commenced service on or after September 1, 2011, the number of years of his or her creditable service used to determine the retirement allowance under this subparagraph shall not exceed 33 years.
(c) Notwithstanding any other provision of law, any group I member who meets the requirements of RSA 100-A:10, I(a), and who has either completed at least 20 years of creditable service which, when combined with his age equals at least 70 years, or who has attained the age of 50, but not the [age of 60] retirement qualification age under RSA 100-A:1-a, I, may elect to retire and have benefits commence immediately as a reduced service retirement allowance upon written application to the board of trustees setting forth the time, not less than 30 days nor more than 90 days subsequent to the filing thereof, at which the member desires to have benefits commence. The service retirement allowance shall be determined in accordance with RSA 100-A:5, I(b) and shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains [60 years of age] the retirement qualification age under RSA 100-A:1-a, I, by 1/8 of one percent if the member has 35 years or more of creditable service, by 1/4 of one percent if the member has 30 years but less than 35 years of creditable service, by 1/3 of one percent if the member has at least 25 years but less than 30 years of creditable service, by 5/12 of one percent if the member has at least 20 years but less than 25 years of creditable service, and by 5/9 of one percent if the member has less than 20 years of creditable service.
(d) [Repealed.]
II. Group II Members.
(a)(1) Any group II member in service who has attained [age 45 and completed 20] the retirement qualification age and attained the minimum years of creditable service under RSA 100-A:1-a, II, or who has attained age 60 regardless of the number of years of creditable service, may retire on a service retirement allowance upon written application to the board of trustees; provided however that a group II member who commenced service on or after September 1, 2011 may retire and receive a service retirement allowance beginning upon the attainment of age 55 upon written application to the board of trustees.
(2) [setting] The written application shall set forth at what time not less than 30 days nor more than 90 days subsequent to the filing thereof the member desires to be retired, notwithstanding that during such period of notification the member may have separated from service.
(b) Upon service retirement and attainment of the required age, a group II member shall receive a service retirement allowance which shall consist of:
(1) A member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(2) A state annuity which, together with his or her member annuity, shall be equal to [2-1/2 percent of his average final compensation] the annuity multiplier under RSA 100-A:1-a, IImultiplied by the number of years of his or her creditable service [not in excess of 40 years] provided the product does not exceed 100 percent, and then multiplied by the member’s average final compensation. Provided, however, that for members who commenced service on or after September 1, 2011, the number of years of his or her creditable service used to determine the retirement allowance under this subparagraph shall not exceed 25 years.
(c)(1) Notwithstanding any provision of RSA 100-A to the contrary, any group II member who has retired on or after the effective date of this subparagraph after attaining the [age of 45 with at least 20] retirement qualification age and minimum years of creditable service under RSA 100-A:1-a, II shall receive a minimum annual service retirement allowance of $10,000. If such group II member has elected to convert the retirement allowance into an optional allowance for the surviving spouse under RSA 100-A:13, the surviving spouse shall be entitled to a proportional share of the $10,000.
(2) [Repealed.]
(3) [Repealed.]
Amend the bill by replacing sections 9-11 with the following:
9 Ordinary Disability Retirement; Group II. Amend RSA 100-A:6, II(b) to read as follows:
(b) Upon ordinary disability retirement, the group II member shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her ordinary disability retirement; and a state annuity which, together with his or her member annuity, shall be equal to [2-1/2 percent of his average final compensation] the annuity multiplier under RSA 100-A:1-a, II at the time of [his] ordinary disability retirement multiplied by the number of years of his or her creditable service [not in excess of 40 at the time of his ordinary disability retirement] provided the product does not exceed 100 percent, and then multiplied by the member’s average final compensation, provided, further, however, that such allowance shall not be less than 25 percent of the member’s final compensation at the time of his or her disability retirement. Provided, however, that for members who commenced service on or after September 1, 2011, the number of years of his or her creditable service used to determine the retirement allowance under this subparagraph shall not exceed 25 years.
10 Accidental Disability Retirement; Group I. Amend RSA 100-A:6, I(d) to read as follows:
(d)(1) Upon accidental disability retirement, the group I member who has attained [age 60] the retirement qualification age under RSA 100-A:1-a, I shall receive an accidental disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of age 65, the state annuity, together with the member annuity, shall be equal to [1/60 of the member’s average final compensation] the benefit multiplier under RSA 100-A:1-a, I at the time of his or her accidental disability retirement multiplied by the number of years of creditable service at the time of his or her accidental disability retirement;
(B) After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of his or heraccidental disability retirement multiplied by the number of years of creditable service at the time of his or her accidental disability retirement;
(C) Regardless of age at disability, for a member who commenced service before September 1, 2011, such allowance shall not be less than 50 percent of the member’s average final compensation at the time of his or her accidental disability retirement.
(2) Upon accidental disability retirement, the group I member who has not attained [age 60] the retirement qualification age under RSA 100-A:1-a, I shall receive an accidental disability retirement allowance which shall consist of: the member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement; and a state annuity which, together with the member annuity, shall be equal to 50 percent of the member’s average final compensation at the time of his or her disability retirement.
11 Accidental Disability Retirement; Group II. Amend RSA 100-A:6, II(d) to read as follows:
(d)(1) Upon accidental disability retirement, the group II member who commenced service before September 1, 2011, shall receive an accidental disability retirement allowance equal to 2/3 of his or her average final compensation at the time of [his] disability retirement, and the group II member who commenced service on or after September 1, 2011, shall receive an accidental disability retirement allowance equal to 1/2 of his or her average final compensation at the time of disability retirement.
(2) For any group II member who has more than 26-2/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2-1/2 percent of hisor her average final compensation multiplied by the number of years of his or her creditable service in excess of 26-2/3 but not in excess of 40 years. Provided, however, that for a member who commenced service on or after September 1, 2010, an accidental disability retirement allowance together with a supplemental disability retirement allowance, as provided in this subparagraph, shall not exceed 100 percent of the disability retiree’s average final compensation.
Amend the bill by replacing section 13 with the following:
13 Split Benefits; Minimum Age. Amend RSA 100-A:19-b to read as follows:
100-A:19-b Minimum Age. For the purposes of this subdivision only, minimum age shall mean:
I. For a member who has completed less than [20 years] the minimum years of combined creditable service in both group I and group II as provided in RSA 100-A:1-a, II, 60 years if the member commenced service before September 1, 2011, or otherwise 65 years.
II. For a member who has completed [20 or more] at least the minimum years of combined creditable service as provided in RSA 100-A:1-a, II, one year shall be deducted from age 60 if the member commenced service before September 1, 2011, or otherwise age 65, for each year of creditable group II service, provided that the age shall not be less than [45 years] the retirement qualification age under RSA 100-A:1-a, II.
Amend the bill by replacing sections 15 and 16 with the following:
15 Financing; Contribution Rates; Group II Member Payroll Deduction. Amend RSA 100-A:16, I(a) to read as follows:
(a) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, dependent upon the member’s employment classification at the rate determined in accordance with the following table:
Employees of employers other than the state hired on or before August 31, 2011, 5.00
Employees of the state hired on or before June 30, 2009, 5.00
Employees of the state hired after June 30, 2009, 7.00
Teachers hired on or before August 31, 2011, 5.00
Permanent Policemen hired on or before August 31, 2011, 9.30
Permanent Firemen hired on or before August 31, 2011, 9.30
Group I members hired after August 31, 2011, 7.00, subject to RSA 100-A:16, II(f)(2)
Group II permanent fireman members hired after August 31, 2011, 11.80, subject to RSA 100-A:16, II(f)(2)
Group II permanent police members hired after August 31, 2011, 11.55, subject to RSA 100-A:16, II(f)(2)
The board of trustees shall certify to the proper authority or officer responsible for making up the payroll of each employer, and such authority or officer shall cause to be deducted from the compensation of each member, except group II members who commenced service before September 1, 2011 with creditable service in excess of 40 years or group II members who commenced service on or after September 1, 2011 with creditable service in excess of 25 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member. No deduction from earnable compensation under this paragraph shall apply to any group II member who commenced service before September 1, 2011 with creditable service in excess of 40 years, or group II member who commenced service on or after September 1, 2011 with creditable service in excess of 25 years, as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), and this provision for such members shall not affect the method of determining average final compensation as provided in RSA 100-A:1, XVIII. In determining the amount earnable by a member in a payroll period, the board may consider the rate of compensation payable to such member on the first day of a payroll period as continuing throughout the payroll period and it may omit deduction from compensation for any period less than a full payroll period if such person was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed 1/10 of one percent of the annual earnable compensation upon the basis of which such deduction is made. The amounts deducted shall be reported to the board of trustees. Each of such amounts, when deducted, shall be paid to the retirement system at such times as may be designated by the board of trustees and credited to the individual account, in the member annuity savings fund, of the member from whose compensation the deduction was made.
16 Employer Contributions; Limitation Beginning 2013. Amend RSA 100-A:16, II(f) to read as follows:
(f)(1) The total amount payable to the state annuity accumulation fund in each year on account of each member classification shall not be less than normal contribution rate multiplied by the total compensation earnable by all members in such classification for such year, plus the amount of the accrued liability contribution necessary to liquidate the unfunded accrued liability on behalf of such classification as determined by the actuary under subparagraph (e) above.
(2) Notwithstanding any provision of this paragraph to the contrary, if in any fiscal year after the fiscal year ending June 30, 2012, the total of the amount payable determined under subparagraph (1) plus the member contributions anticipated for such fiscal year, exceed the total amount payable determined under subparagraph (1) plus the member contributions as determined for fiscal year 2012, then, for members who commenced service after August 31, 2011, a proportionate share of the amount for the upcoming fiscal year which exceeds such total for fiscal year 2012 shall be assessed one-half as employer contributions and one-half as additions to the member contribution rates under RSA 100-A:16, I(a) as determined by the board.
Amend the bill by replacing section 27 with the following:
27 State Employees; Retirement. Amend RSA 21-I:30, II(a) to read as follows:
(a) Has at least 10 years of creditable service for the state if the employee’s service began prior to July 1, 2003 or 20 years of creditable service if the employee’s service began on or after July 1, 2003, and who also is at least 60 years of age at the time of retirement if the employee commenced service before September 1, 2011 or at least 65 years of age at the time of retirement if the employee commenced service on or after September 1, 2011; or
Amend the bill by replacing all after section 35 with the following:
36 Repeal. RSA 100-A:41-d, relative to additional temporary supplemental allowances, is repealed.
37 Severability. The provisions of this act making various amendments concerning the New Hampshire retirement system shall be severable and if any phrase, clause, sentence, or provision of this act is declared to be contrary to the constitution of this state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this act and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
38 Retirement System; Recalculation of Employer Rates; Recertification. Notwithstanding the notice requirements of RSA 100-A:16, III, the board of trustees of the retirement system shall recalculate employer contribution rates for the state fiscal years 2012 and 2013 to reflect the requirements of RSA 100-A as amended by this act. Notwithstanding the notice requirements of RSA 100-A:16, III, such employer contribution rates shall be effective as provided during the biennium beginning July 1, 2011, and the recertification of employer contribution percentages shall be provided to each employer within a reasonable period of time not to exceed 30 days from the effective date of this section. The exception to the notice requirements of RSA 100-A:16, III in this section shall be limited to the applicable employer contribution rates for the biennium beginning July 1, 2011.
39 Effective Date. This act shall take effect September 1, 2011.
2011-1712h
Floor Amendment to SB 129-FN
Proposed by Reps. Bates, Jasper, Hoelzel, Scala and DeLemus
Amend the bill by replacing all after the enacting clause with the following:
1 Obtaining a Ballot. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot.
I. A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name to one of the ballot clerks who shall thereupon repeat the name; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the correction. The ballot clerk shall request that the voter present a valid photo identification meeting the requirements of paragraph II. If the voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may vote by provisional ballot in accordance with RSA 659:13‑b and present a valid photo identification, official documentation of driver’s license suspension or revocation, waiver issued by the secretary of state under RSA 659:13-d, or affidavit of religious exemption to the city or town clerk by noon of the third business day after the election. If the photo identification is an out-of-state driver’s license, the ballot clerk shall record the state of issuance on the checklist in a color designated for such entries and the supervisors of the checklist shall submit the information to the secretary of state. The voter, if still qualified to vote in the town or wardand having presented a valid photo identification verifying the voter’s identity, and unless challenged as provided for in RSA [659:27-33] 659:27 through 659:33, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space, the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state.
II. A valid photo identification shall satisfy all the following:
(a) The identification shows the name of the individual to whom the identification was issued, and the name substantially conforms to the name in the individual’s voter registration record.
(b) The identification shows a photograph of the individual to whom the identification was issued.
(c) The identification was issued by the United States or the state of New Hampshire, or is a valid state driver’s license.
2 New Sections; Provisional Ballot. Amend RSA 659 by inserting after section 13-a the following new sections:
659:13-b Provisional Ballot.
I. If a voter has not presented a valid voter identification under RSA 659:13 and is otherwise qualified to vote, the voter may cast a provisional ballot. The ballot clerk shall indicate on the checklist that the voter has voted by provisional ballot. The provisional ballot shall be the same as the ballot used at the polling place, but shall be sealed in a plain envelope by the voter after he or she has marked the ballot. The voter shall insert the plain envelope into an envelope on which is printed the same information as the affidavit of a challenged voter to be executed by the voter and shall sufficiently identify the voter to allow verification of the ballot once the voter has confirmed his or her identity.
II. The moderator shall prepare a list of all voters who cast provisional ballots and shall retain possession of the provisional ballots in their sealed envelopes until the closing of the polls, at which time the moderator shall cause the provisional ballots and the list to be delivered to the city or town clerk. The clerk shall seal all provisional ballots in a separate box marked “provisional ballots.”
III. By noon of the third business day after the election, a voter who has cast a provisional ballot may appear in person before the city or town clerk and present a valid photo identification meeting the requirements of RSA 659:13, II, official documentation of driver’s license suspension or revocation, a waiver issued by the secretary of state under RSA 659:13-d, or an affidavit of religious exemption. Upon presentation of a valid photo identification, verification of driver’s license suspension or revocation, or receipt of a waiver issued by the secretary of state under RSA 659:13-d or an affidavit of religious exemption, the clerk shall mark the list prepared by the moderator to that effect. The clerk shall require each person presenting a valid photo identification, official documentation of driver’s license suspension or revocation, or a waiver issued by the secretary of state under RSA 659:13-d, or executing an affidavit of religious exemption to sign the list next to or beneath his or her name. At noon of the third business day after the election, the clerk shall forward all provisional ballots for which verification of identity has been provided to the moderator. The clerk shall post notice of the time and place of the processing of provisional ballots in accordance with RSA 91-A.
IV. The moderator, upon receipt of the provisional ballots, shall immediately verify that the signatures on the affidavit envelopes match the signatures on the list of provisional voters and shall process the ballots so verified in the same manner as absentee ballots. The clerk shall prepare an amended election return, which shall be prepared and forwarded in the same manner as any other election return. Provisional ballots shall be sealed and preserved in the same manner as other ballots. The duties of the moderator under this section may be fulfilled by another election official designated by the moderator; the official so designated may be an official from another ward in the same city or town and the same official may fulfill the moderator’s duties for multiple wards.
659:13-c Affidavit of Religious Exemption. The affidavit of religious exemption shall be in the following form:
AFFIDAVIT OF RELIGIOUS EXEMPTION
Name: ____________________
Address: ____________________
Date of birth: __________
I hereby swear and affirm that I adhere to the beliefs of ___________________ religion and therefore have a religious objection to having my photograph taken and that I do not possess a valid form of identification showing my photograph.
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am the identical person whom I represent myself to be and that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of affiant)
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
659:13-d Waiver by Secretary of State. Upon presentation of sworn evidence satisfactory to the secretary of state that a voter does not possess photo identification and also does not possess documentation necessary to obtain a nondriver’s picture identification card, the secretary of state may issue a waiver of the photo identification requirement that may be presented to the clerk under RSA 659:13-b. The waiver shall be valid only for the election specified in the waiver.
3 Election Fund Reimbursement. Amend RSA 5:6-d, III to read as follows:
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, reimbursing the department of safety for nondriver’s picture identification cards, election law enforcement, and improvements to related information technology, including acquisition and operation of an automated election management system. The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 15 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
4 Identification Cards; Voucher. Amend RSA 260:21, V to read as follows:
V. The fee for such card shall be $10 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his or her driver’s license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65. A person who requires a photo identification card for voter identification purposes may obtain a voucher from his or her town or city clerk or the secretary of state exempting the person from the identification card fee. Upon presentation of the voucher to the division, the actual costs of issuing the card shall be paid by the secretary of state from the election fund established under RSA 5:6-d. An identification card paid for by the secretary of state shall be valid for voter identification purposes only, and the card shall be marked “for voter identification only.”
5 Final Counting; Announcement. Amend RSA 659:70 to read as follows:
659:70 Final Counting; Result. The final count of all votes on all ballots cast at the central and additional polling places, if any, shall be combined and the moderator shall announce the final count for each office and the number of provisional ballots cast.
6 Voter Education.
I. The department of state shall prominently display on the department’s website information for voters relating to the photo identification requirements established by this act. The department shall also provide explanatory information relating to this act to media outlets for the purpose of educating the public regarding voter identification requirements.
II. Every town and city clerk shall prominently display a notice prepared by the secretary of state explaining the photo identification requirements for voters and directing voters to the department of state’s website for additional information. Such notice shall be displayed for at least 14 days prior to each election held after the effective date of this act during 2011 and 2012.
7 Applicability. In accordance with RSA 659:13, as amended by this act, ballot clerks shall request that the voters present a valid photo identification at all elections after the effective date of this act. However, notwithstanding such provisions, no person shall be denied the right to vote for failure to present a valid photo identification or other documentation acceptable under this act prior to November 1, 2012. The ballot clerks shall tally the number of voters that do not present a valid photo identification at each election prior to November 1, 2012, and the town or city clerk shall report the number with the election return.
8 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill requires that a voter present a valid photo identification to vote in person. Voters without photo identification may vote by provisional ballot, provided that they subsequently appear in person before the city or town clerk and present a valid photo identification, official documentation of driver’s license suspension or revocation, a waiver issued by the secretary of state, or an affidavit of religious exemption. This bill also requires that the secretary of state pay the cost for a nondriver’s picture identification card upon presentation of a voucher to the division of motor vehicles.
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