HB511: (New Title) transferring authority over the New Hampshire hospital security force to the department of safety.

HB 511 - AS AMENDED BY THE HOUSE

07Jan2004... 2402h

2003 SESSION

03-0991

09/10

HOUSE BILL 511

AN ACT transferring authority over the New Hampshire hospital security force to the department of safety.

SPONSORS: Rep. K. Gilbert, Rock 82; Rep. Welch, Rock 79

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill transfers authority over the New Hampshire hospital security force from the department of health and human services to the department of safety.

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

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004... 2402h

03-0991

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT transferring authority over the New Hampshire hospital security force to the department of safety.

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

1 Hospital Security Force. Amend RSA 135:41 to read as follows:

135:41 Hospital Security Force. The [superintendent of the New Hampshire hospital] commissioner of safety is authorized to organize a hospital security force for the purpose of patrolling the hospital's buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus. The hospital security force shall be under the immediate control of and responsible to the [superintendent of the hospital] commissioner of safety.

2 Authority. Amend the introductory paragraph of RSA 135:42 to read as follows:

135:42 Authority. All security officers of the hospital security force shall [be ex officio constables and shall] possess general police powers including the power of arrest, but such powers shall extend only to the campus of the state office park south and only to the period during which such members are on official active duty. The only 2 instances where the authority of members of the hospital security force shall extend beyond the campus of the state office park south are:

3 Qualifications and Training. RSA 135:43 is repealed and reenacted to read as follows:

135:43 Qualifications and Training. The commissioner of safety shall adopt rules, pursuant to RSA 541-A, establishing qualifications and requirements for police training for New Hampshire hospital security officers.

4 New Subparagraph; Department of Safety; Rulemaking. Amend RSA 21-P:14, II by inserting after subparagraph (dd) the following new subparagraph:

(ee) Qualifications and police training requirements for New Hampshire hospital security officers under RSA 135:43.

5 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-0991

1/16/04

HB 511 FISCAL NOTE

AN ACT transferring authority over the New Hampshire hospital security force to the department of safety.

FISCAL IMPACT:

The Department of Health and Human Services stated this bill, as amended by the House (Amendment #2003-2402h), will decrease state revenue by $198,595 in FY 2005, and $226,965 in FY 2006 and in each year thereafter. There will be no fiscal impact on state, county and local expenditures or county and local revenue.

METHODOLOGY:

The Department of Health and Human Services assumed this bill transfers 14 employees and related equipment and operating expenses from the Department of Health and Human Services to the Department of Safety. The state expenditures for the security force are included in the New Hampshire Hospital disproportionate share calculation (DSH), which enables the state to draw Medicaid funds as unrestricted revenue. In addition, the Department assumed the transfer of personnel to the Department of Safety will enable them to qualify for group II retirement, increasing costs by an insignificant amount. The Department estimated the impact on revenue as follows:

FY 2005 FY 2006 FY 2007 FY 2008

Hospital Security Budget $687,774 $687,774 $687,774 $687,774

Expenditure percentage allowed

by federal regulations 66% 66% 66% 66%

Expenditures eligible for

federal participation $453,931 $453,931 $453,931 $453,931

Time-limited federal law

allows higher percentage 175% 0% 0% 0%

$794,379 $453,931 $453,931 $453,931

(397,189)

(One-half year in FY 2005) $397,190

50% Federal share

(State Revenue) $198,595 $226,965 $226,965 $226,965

The Department of Safety assumed the personnel and associated operating budget for the security force would be transferred between departments without any net impact on state expenditures, except for a small increase in the state's contribution for the employees' retirement as Group II members.