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March 10, 2013
Mar 12, 2013

Dear Local Presidents and Legislative Contacts,

 

Please find below an in depth legislative update as the House and Senate enter into their final weeks before Crossover. As you can see, we have had a much calmer start to this year’s legislative session. We have found that bills are not changing as often in their process, and are making their way to the full body mostly in a favorable light for us. There are a few bills we will need to continue to keep a close eye on as they cross into the opposite body, but for now we feel that we are in a good position for our most important issues.

 

Also, please remember that Tuesday (the 12th) is Town Meeting Day, and that our next bi-monthly meeting is this upcoming Wednesday (the 13th) in Pelham.

 

Please let me know if you have any questions.


Best,
Casey

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ACTION Bill

SB 152 - relative to video lottery and table gaming. We support this bill. This bill passed in the Senate Ways and Means committee, and heads to the Senate floor next week. We urge you contact your Senator and tell them to support this bill.

 

Bargaining

HB 178 – relative to binding arbitration. We supported this bill, and President Lang testified in support. The bill went to subcommittee, which was chaired by Representative Chris Andrews, Concord Local #3195. Although we couldn’t get all the way there on binding arbitration, the bill adds to very important elements to the collective bargaining process. The bill, as amended, adds training and tracking section to the PELRB. The tracking information will include how many contracts are expired, at impasse, for how long, etc. This will be important information to gather so we have a more clear idea of how often and where bargaining breaks down. This bill passed in the House Labor committee, and will be on the floor next week.

 

SB 37 - relative to management rights under collective bargaining. We opposed this bill, and President Lang testified against it. This collective bargaining bill that dramatically tipped the scales towards management, has been killed in the Senate ED&A committee. It went to the Senate floor on February 14th where it was killed. This bill is now officially dead. Thank you to members who called their State Senators urging them to vote “No” on SB 37.

 

LGC 

SB 78 - relative to the New Hampshire Municipal Association. This bill, which had full support, was sponsored by Senator Soucy. The bill failed on the Senate floor, so it is now officially dead. However:

 

HB 283 - establishing a study committee to review the hearings officer's report with regard to the New Hampshire Local Government Center and to study potential changes to RSA 5-B, which was sponsored by Representative Dan Sullivan, Local #856 member, passed in the House Municipal and County Government committee unanimously, and unanimously on the floor. This bill at Crossover goes to the Senate, where it hopefully will pass and a study committee will be set up. We support this bill.

 

Right to Work

HB 323 – establishing the Franklin Partin “Right to Work” act, is officially dead. As you know, it failed in the Labor committee, and failed on the floor by a vote of 212-141. Thank you to those members who came out to oppose this bill.

 

Retirement

HB124 – relative to the determination of gainful occupation for a group II member receiving an accidental disability retirement allowance from the retirement system. We support this bill; it reinserts language that was accidentally taken out of the statute during the 2011 changes. It does not cap a group II member salary in an outside job, once they reach the retirement age and years of service.  As it stands now, their salary and retirement combined is capped at what a member in-grade makes plus $1,000 for all of their remaining years they collect their disability retirement benefit. It is coming out of the House ED&A committee with no recommendation. Please call your legislator and tell them to support the passage of HB124.

 

HB341 – relative to the cost of fiscal analysis of legislation relating to the retirement system. This bill is a simple bill that says if a legislator requests a fiscal analysis of a bill making changes the retirement system or benefit structure that the assets of the retirement system do not pay for this actuarial evaluation. In the past 5 years, the retirement system has been requested to spend over $400,000 on actuarial reviews.   This is a bill we support, however the House Finance wanted more time to work on it, so it has been retained to review and work on next session.

 

HB342- relative to part-time employment of retired members of the retirement system. This bill in its original form would limit the hours of part time work, and require employers to pa the UAAL payment on any employee whose hours exceeded these limits.  It has been amended to be a tracking bill, to require employers to provide specific information to the NHRS on retired members of the NHRS who are now working in a part-time capacity. Clearly, workers who are retiring and returning to the same or similar work has an adverse effect on the retirement system however the data to prove this specifically in NH is unavailable as this time, as NHRS does not collect such information. This bill will make certain whether or not full time positions are being transferred to part-time positions as a way for employers to get out of paying pension costs, and hopefully provide information to limit this practice of employers.  The House ED&A voted this bill ought to pass; we supported this bill in its original form, and support this bill now.

 

HB364 - relative to notice required concerning employment of a retired member of the New Hampshire retirement system of the limitations on part-time employment. This bill is another to help inform employees of the part-time hour limitations. It has been amended from its original form, but essentially does the same thing – it requires employers to inform all current and any prospective employees who happen to be retired members of the retirement system on what the limits of part-time work are. The House ED&A voted this bill ought to pass, and we support this bill in its final form.

 

HB455 - establishing a committee to study the use of a cash balance retirement plan for new state employees. This bill requires a very specific study committee to look at moving all new state employees into a cash balance plan. It was killed by the House ED&A committee, and we support this decision.

 

HB620 - relative to the adjustment of member and employer contribution rates in the retirement system. This bill sponsored by Representative Ken Weyler, would have required all increases in the Retirement System liabilities and unfunded liabilities to be share equally between employers and employees It was easily defeated by the House ED&A committee.

 

HB627 - requiring unused vacation and sick leave to be converted to service time for purposes of calculating retirement system benefits. This was a bill to end so called “spiking,” It would disallow members to use unused sick and vacation time in their final AFC. Due to changes made in 2011, this bill would only effect members with more than 10 years. It was retained by the House ED&A committee to be worked on next year, we do not support this bill.

 

SB132 – Originally sponsored by Senator Bradley, it would loosen the rules on part-time work as well as create a study committee to look at special detail for police. It was amended by the Senate ED&A committee to only be the study committee.

 

 

Other

SB 188 relative to critical incident stress management and crisis intervention services. We support this bill.  On Tuesday, the Senate Judiciary hearing heard this great bill that will be extremely helpful for our members. This bill makes confidential any information that may be disclosed during critical incident stress management and crisis intervention. This bill would cover all first responders. This bill will be up before a Senate committee vote next week. On this committee is Senator Carson, Senator Lasky, Senator Boutin, Senator Cataldo, and SenatorSoucy. Please contact these Senators and urge them to support this bill.

 

HB 123 - relative to the limitation of liability for negligence regarding public safety officers, or the “fire man’s rule.” We worked with the committee to form an amendment that everyone agreed upon. The bill, as amended, preserves the rule as originally conceived while allowing the right to sue for cause of action not directly sprung from the particular emergency. This bill was passed unanimously in committee, and passed on a voice vote on the floor. After crossover it will head to the Senate Judiciary committee.

 

SB 81 authorizing phlebotomists and emergency medical technicians to withdraw blood for alcohol concentration tests. We opposed this bill, and President Lang testified against it. This bill came before the Senate Judiciary Committee a few weeks ago, where it was met with much opposition. The original bill listed EMTs in the group of medical personnel. An amendment was added which removed EMTs from the list of who was allowed to draw blood. This bill, with the amendment, passed in Judiciary 5-0, and passed on the Senate Floor as well. It will be heard in the House after crossover. We support this bill as amended.

 


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IAFF Local 789
19 Elm St
Nashua, New Hampshire 03060
  603-888-4200

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