TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES
General Provisions
Section 21-I:1
21-I:1 Establishment; General Functions. –
I. There is hereby established the department of administrative services, an agency of the state, under the executive direction of a commissioner of administrative services. The commissioner of administrative services shall serve as the chief fiscal planning and control officer of the state of New Hampshire.
II. The department of administrative services, through its officials, shall be responsible for managing and coordinating the following administrative and financial functions, upon which the effective and efficient management of all state programs and operations relies:
(a) Budgeting.
(b) Automated accounting and financial and human resources management systems.
(c) Business process auditing.
(d) Accounting.
(e) Financial reporting.
(f) Data processing.
(g) Graphic services.
(h) Plant and property management.
(i) Procurement.
(j) Risk management.
(k) General support services.
(l) Personnel administration, including but not limited to administration of any positions within the executive branch.
(m) Developing and maintaining state owned and supported land and buildings, including public works design and construction relating to projects as defined in RSA 21-I:78 through 21-I:86.
(n) Providing central management and administration of space rented by, or the processes relating to the rental of space by, state agencies, except as otherwise provided by law.
(o) Serving as the employer for the purpose of ensuring compliance with the requirements of RSA 281-A.
Source. 1983, 416:40. 1986, 12:5. 2005, 291:5. 2008, 177:6, eff. June 11, 2008. 2014, 327:1, eff. Aug. 2, 2014. 2017, 193:3, eff. Aug. 29, 2017. 2020, 37:95, eff. July 29, 2020.
Section 21-I:1-a
21-I:1-a Definitions. –
In this chapter the following words shall have the following meanings:
I. "Commissioner" means the commissioner of administrative services.
I-a. [Repealed.]
II. "Physical facilities" means buildings of every kind and the fixtures attached thereto.
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]
Source. 1985, 399:5. 1988, 227:17. 1989, 396:14. 1990, 247:4. 2008, 359:9, III, eff. Sept. 9, 2008. 2021, 202:2, Pt. III, Sec. 13, II, eff. July 1, 2021.
Section 21-I:2
21-I:2 Commissioner; Directors. –
I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years.
II. The commissioner shall nominate for appointment by the governor, with the consent of the council, each unclassified division director, the assistant commissioner, and the deputy commissioner, each of whom shall serve a term of 4 years.
III. The commissioner shall appoint each unclassified deputy division director, a state budget officer, a chief financial officer, a deputy state comptroller, the internal auditor, the senior operational analyst, 2 superintendents of buildings and grounds, a superintendent of court facilities, an education and training officer, and the manager of employee relations, each of whom shall serve at the pleasure of the commissioner.
IV. The commissioner may appoint such other unclassified deputy division directors as he or she determines are necessary to carry out the functions of the divisions of the department. Deputy directors shall serve at the pleasure of the commissioner.
Source. 1983, 416:40. 1985, 399:6. 1989, 396:15. 1996, 235:1. 2009, 144:67, eff. July 1, 2009. 2013, 144:26, eff. Mar. 5, 2014. 2014, 327:3, eff. Aug. 2, 2014. 2019, 346:7, eff. July 1, 2019. 2021, 202:2, Pt. III, Sec. 1, eff. July 1, 2021. 2022, 138:1, eff. Aug. 6, 2022.
Section 21-I:3
21-I:3 Qualifications; Compensation. –
I. The commissioner of the department shall be qualified to hold that position by reason of education and experience.
II. The directors of all divisions of the department shall be qualified to hold their respective positions by reason of education and relevant experience.
III. The salary of the commissioner and of all unclassified employees of the department shall be as specified in RSA 94:1-a.
Source. 1983, 416:40. 1985, 399:7, eff. July 1, 1985.
Section 21-I:3-a
21-I:3-a Assistant Commissioner. –
I. The commissioner of administrative services shall nominate an assistant commissioner as provided in RSA 21-I:2, II. The assistant commissioner shall be qualified to hold that position by reason of education and experience.
II. The assistant commissioner shall oversee the state budget office and shall perform such duties as are assigned by the commissioner. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.
III. The salary of the assistant commissioner shall be as specified in RSA 94:1-a, I.
Source. 1989, 396:18, eff. June 5, 1989. 2021, 202:2, Pt. III, Sec. 4, eff. July 1, 2021.
Section 21-I:3-b
21-I:3-b Deputy Commissioner. –
I. The commissioner of administrative services shall nominate a deputy commissioner as provided in RSA 21-I:2, II. The deputy commissioner shall be qualified to hold that position by reason of education and experience. The deputy commissioner shall perform such duties as are assigned by the commissioner and such other duties as are provided by law.
II. The salary of the deputy commissioner shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
Source. 2009, 144:68, eff. July 1, 2009. 2014, 327:5, eff. Aug. 2, 2014.
Section 21-I:4
21-I:4 Office Established. –
There is hereby established an office of the commissioner consisting of the following units:
I. State budget.
II. Internal audit.
III. Operational analysis.
IV. Cost containment.
Source. 1983, 416:40. 1985, 399:8. 1989, 345:1. 2006, 70:1, 2, eff. June 24, 2006. 2019, 346:8, eff. July 1, 2019.
Section 21-I:5
21-I:5 Division of Enterprise Applications Management. –
There is hereby established within the department a division of enterprise applications management under the supervision of an unclassified director of enterprise applications management who shall be responsible for the following functions in accordance with applicable laws:
I. Sustaining, advancing, and promoting the utilization of the state's enterprise application software systems both current and future to facilitate regulatory, statewide operational processes, continuity, and integrity of such information.
II. Assisting the commissioner with the planning, management, and operation of the state's enterprise resource planning (ERP) software and operation of all internal department financial, human resources, benefits, payroll, and budgeting systems.
III. Provide guidance in the selection, development, modification, and deployment of technical software products for public sector usage.
IV. Assisting department division directors by:
(a) Developing and configuring reporting and systems for their use.
(b) Jointly monitoring state and federal fiscal legislation with the directors in order to assure timely awareness of and compliance with new legislation.
V. Assisting state employees in their use of the enterprise application system, peripheral application systems, and system developed information.
VI. Developing and maintaining views of data, including files, reports, forms, and web pages, originating in the enterprise application system and information of public interest for publishing in response to requestor specifications or regulatory requirements.
Source. 1983, 416:40. 1985, 399:9, eff. July 1, 1985. 2019, 346:9, eff. July 1, 2019. 2022, 138:2, eff. Aug. 6, 2022.
Section 21-I:6
21-I:6 Budget Office. –
There is hereby established within the office of the commissioner of administrative services a state budget office under the supervision of an unclassified budget officer who shall:
I. Conduct a continuous study of the financial operation, needs and resources of the state and compile all information necessary for the preparation of the budget so that each successive budget cycle shall have ready access to all information contained in prior budgets.
II. Establish the procedures which all state agencies shall follow in submitting budget requests to the governor and assist the governor or his designee to compile a tentative budget and budget document, as provided in RSA 9. The procedures established under this paragraph shall not be considered rules subject to RSA 541-A.
III. [Repealed.]
IV. Cooperate with the department of transportation in long range capital planning to meet the needs of the state as may be requested by the governor and council, and subject to their approval.
V. Provide information and reports to the governor or his designee, as the governor shall request, in order to effectively administer the budget.
VI. Consult with the respective executive heads of state departments, agencies, boards and commissions, relative to the establishment, supervision and maintenance of uniform and effective business records, business practices, and business management, and provide the necessary direction to insure that all manual of procedure requirements are complied with.
VII. Serve as budget analyst for such state agencies as the commissioner may assign.
VIII. Cooperate with the department of information technology management in the preparation of the statewide information technology plan, and incorporation of information technology planning into the budget process.
Source. 1983, 416:40. 1989, 396:16. 1991, 346:5. 2008, 177:16, III, eff. June 11, 2008; 335:5, eff. Sept. 5, 2008. 2021, 202:2, Pt. III, Sec. 3, eff. July 1, 2021. 2023, 79:165, eff. July 1, 2023.
Section 21-I:7
21-I:7 Internal Audit. –
There is hereby established within the office of the commissioner of administrative services an internal audit unit under the supervision of an unclassified internal auditor. The internal audit unit shall:
I. Assist the commissioner by supplying analytical reports of examinations conducted of the department's various divisions, bureaus, units, programs and functions. Examinations will be conducted and reports prepared in accordance with standards of governmental auditing and program evaluation specified by authoritative national standard setting bodies. Reports shall contain analyses, appraisals, comments and recommendations relating to the accuracy and competence of accounting, financial, and management procedures in use. Organizational and operational practices may also be reviewed by the state budget officer.
II. The internal audit unit shall not assume any managerial, supervisory or operational function, nor shall it direct action initiated as a result of its recommendations.
Source. 1983, 416:40. 1989, 396:17, eff. June 5, 1989. 2021, 202:2, Pt. III, Sec. 8, eff. July 1, 2021.
Section 21-I:7-a
21-I:7-a Operational Analysis. –
I. There is hereby established within the office of the commissioner of administrative services an operational analysis unit under the supervision of an unclassified senior operational analyst.
II. The operational analysis unit shall monitor state agency activities and evaluate agency operations based on priorities established by budget program and statute in the following areas: revenues, expenses, staffing, space utilization, fleet operations, and such other public service needs as the commissioner of administrative services shall direct.
Source. 1985, 399:10, eff. July 1, 1985.
Section 21-I:7-b
21-I:7-b Unit of Cost Containment. –
There is established within the office of the commissioner of administrative services a unit of cost containment. The unit of cost containment shall be responsible for all functions and duties authorized under RSA 604-A, regarding payment, recoupment and monitoring of indigent defense funds. It shall also be responsible for all functions authorized under RSA 461-A:18 relative to recouping guardian ad litem funds. The commissioner is authorized to employ personnel as necessary to accomplish the duties and functions of the unit of cost containment.
Source. 1989, 345:2. 1997, 173:1. 2005, 273:18, eff. Oct. 1, 2005.
Section 21-I:7-c
21-I:7-c Risk and Benefits. –
There is established within the department a division of risk and benefits, under the supervision of an unclassified director of risk and benefits, who shall be qualified to hold that position by reason of education and experience, and who shall perform such duties as the commissioner from time to time may authorize. The functions of the division of risk and benefits shall be divided across the following bureaus:
I. The bureau of health and benefits, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Overseeing and administering the state employee and retiree group insurance programs authorized by RSA 21-I:26 through RSA 21-I:36, in accordance with administrative rules adopted pursuant to RSA 21-I:14, XIII.
(b) Coordinating the employee and retiree benefit programs administered through the division of risk and benefits with the benefits and programs offered through the New Hampshire retirement system and the state's deferred compensation commission established in RSA 101-B.
(c) Overseeing and administering all additional employee or retiree benefit programs offered by the state, other than those related to the New Hampshire retirement system or the state's deferred compensation commission established in RSA 101-B.
(d) Conducting ongoing studies of alternative financing methods and benefit offerings.
(e) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual that clearly explains procedures related to the bureau's functions, including but not limited to procedures relating to employee and retiree benefits.
(f) Developing and monitoring insurance and third party administrator contracts related to the state employee and retiree group insurance program in accordance with applicable law, by:
(1) Developing bid specifications for insurance and third party administrator contracts and ensuring bid specifications are in compliance with applicable collective bargaining agreements.
(2) Negotiating final contract terms with the vendors awarded contracts through the procurement process.
(3) Formalizing contract agreements.
(4) Monitoring contracts on an ongoing basis to ensure timely procurement, renewals, amendments, updates, statutory compliance, and extensions.
(5) Ensuring that vendors comply with the requirements of contract agreements by:
(A) Implementing, monitoring, and enforcing performance guarantees.
(B) Receiving and analyzing state employee and retiree group insurance utilization data and statistics.
(C) Monitoring Medicare issues to ensure compliance with federal law and programs.
(g) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(h) Implementing, overseeing, and administering employee wellness initiatives.
(i) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, the state retiree health plan commission established in RSA 100-A:56, the joint legislative fiscal committee established in RSA 14:30-a, and other entities regarding employee and retiree benefits program.
(j) Ensuring that the bureau's programs are compliant with applicable state and federal law.
(k) Monitoring agencies' activities for compliance with benefit program requirements.
II. The bureau of property, casualty, and workers' compensation, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Overseeing and administering the state's workers' compensation program under RSA 21-I:24 and RSA 21-I:25-a or other applicable law.
(b) Identifying loss exposure for all state real and personal property and for personal injury, except as otherwise provided by law, on a continuing basis.
(c) Identifying cost-effective means for protecting against various types of losses, including self-funding, commercial insurance purchases, and risk assumption, and recommending to the director of risk and benefits actions to be taken through the budget process, or other processes, to implement such means.
(d) After consultation with, and approval by the director of risk and benefits, purchasing liability insurance under a fleet policy covering the operation of state-owned vehicles and motorboats, and such other insurance and surety bonds as any state department, agency, or official may be legally authorized to secure, or required to furnish; provided that approval shall not be granted for any such insurance or surety bonds unless the same have been marketed and procured through a resident agent of an insurance company registered and licensed to do business in this state. With the exception of any risk located outside the state, no such insurance company or resident agent, personally or by another, shall allow, give, or pay, directly or indirectly, to any nonresident agent or nonresident broker any part of the commission on the sale of such insurance or surety bonds. The insurance commissioner may suspend or revoke the license of any resident agent or insurance company violating the provisions hereof.
(e) Conducting ongoing studies of alternative financing methods and benefit offerings.
(f) Overseeing the state employee workers' compensation and commercial insurance programs, by:
(1) Preparing bid specifications for commercial insurance and third party administrator contracts related to workers' compensation and commercial insurance in accordance with applicable law, and ensuring bid specifications are in compliance with collective bargaining agreements.
(2) Negotiating final contract terms with the vendors awarded contracts through the procurement process, formalizing contract agreements, and monitoring contracts on an ongoing basis to ensure timely procurement, renewals, amendments, updates, statutory compliance, and extensions.
(3) Managing claims payments and statistical data related to workers' compensation and commercial insurance and ensuring vendors comply with the requirements of contract agreements.
(4) Coordinating and developing processes and procedures related to the workers' compensation and commercial insurance programs.
(5) Monitoring agencies' workers' compensation and commercial insurance activities for compliance with requirements.
(g) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual or manuals that clearly explains procedures related to the bureau's functions.
(h) Evaluating risks facing the state and developing and operating health, safety, loss control, and risk reduction programs, in accordance with loss prevention guidelines adopted pursuant to RSA 21-I:14, II.
(i) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(j) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, and other entities regarding the bureau's programs.
(k) Ensuring that the bureau's programs are compliant with applicable state and federal law.
III. The bureau of finance, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Managing claims payments, vendor payments, statistical data, and financial reporting related to the division's of risk and benefits responsibilities.
(b) Conducting ongoing studies of alternative financing methods and benefit offerings.
(c) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual that clearly explains procedures related to the bureau's functions.
(d) Establishing working rate tables for application to self-insured health benefit programs, including by coordinating and reviewing actuarial projections, considering rate alternatives and modeling, and developing full working rate tables.
(e) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(f) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, and other entities regarding the bureau's programs.
(g) Ensuring that the bureau's programs are compliant with applicable state and federal law.
(h) Monitoring agencies' financial activities for compliance with financial requirements of the state's health benefit program.
Source. 2006, 70:3, eff. June 24, 2006. 2013, 144:25, eff. Mar. 5, 2014. 2017, 193:4, eff. Aug. 29, 2017. 2019, 346:12, eff. July 1, 2019.
Section 21-I:7-d
21-I:7-d Repealed by 2021, 202:2, Pt. III, Sec. 13, I, eff. July 1, 2021. –
Section 21-I:8
21-I:8 Division of Accounting Services. –
There is hereby established within the department the division of accounting services under the supervision of an unclassified director of accounting services, who shall also be known as the comptroller. The comptroller shall direct the state's accounting functions, using generally accepted accounting principles and taking full advantage of all benefits of automated data processing applications, to the end that the fiscal affairs of all state agencies and departments will be adequately and uniformly serviced and that periodic financial and management reports will be available to serve the various needs of all state agencies and the executive and legislative branches in their decision making processes. The commissioner of administrative services may authorize deviations from generally accepted accounting principles if the commissioner deems it is in the best interest of the state, provided that the explanation for the deviation is provided in the annual report required by subparagraph II(a). The division shall include the following internal organizational units:
I. The bureau of accounting under the supervision of a classified administrator of accounting who shall be responsible for functions that include at least the following, in accordance with applicable laws:
(a) Reviewing all state contracts for budget control and for substantive protection of the public interest.
(b) Implementing a system established by the commissioner to specify how and when business process auditing of claims is to be performed.
(c) Business process auditing of claims in accordance with subparagraph (b) to be presented for the issuance of warrants and certifying to the governor and council that such claims are just and proper claims against the state and within appropriations provided by statute.
(d) Preparing appropriate warrants and schedules of manifests supporting the same, for consideration and execution by the governor, with the advice and consent of the council.
(e) Making appropriate departmental and agency budget adjustments for services performed by the department of transportation.
(f) When so authorized by the governor and council, making such transfers of appropriation items within any division or functional unit of state government as may be necessary or desirable to best carry out the purpose of such division or functional unit.
(g) Making use of the most advanced and economical techniques within the capabilities of the state's data processing system in carrying out his or her duties.
(h) Controlling all payment of moneys into the treasury.
II. The bureau of financial reporting, under the supervision of a classified administrator of financial reporting who shall be responsible for functions that include at least the following, in accordance with applicable laws:
(a) Not later than 90 days after the close of the fiscal year, unless the governor and council for good cause shall extend such period, completing a comprehensive annual report concerning the preceding fiscal year that details the financial condition and operation of the state during that period in a manner consistent with generally accepted accounting principles. Said report shall subsequently be audited by the legislative budget assistant who may designate a certified public accountant not employed in the state service to conduct the annual audit and may accept the findings and report of the certified public accountant as fulfilling the provisions of this section provided that in either case said audit shall be conducted in accordance with prevailing standards and practices of governmental auditing specified by authoritative national standard setting bodies. The audited report shall be completed and available to the public by December 31 of each year unless for good cause the joint legislative fiscal committee shall extend such period.
(b) [Repealed.]
(c) [Repealed.]
(d) Producing periodic reports and analysis of government revenues and expenditures.
Source. 1983, 416:40. 1985, 399:11. 1989, 396:9. 1994, 158:1. 1995, 297:2, I. 1998, 254:1. 2004, 257:34. 2006, 70:4, 10. 2008, 177:7, eff. June 11, 2008. 2014, 327:75, 76, eff. Aug. 2, 2014. 2017, 156:237, 238, eff. June 28, 2017.
Section 21-I:9
21-I:9 Repealed by 1991, 346:18, II, eff. July 1, 1991. –
Section 21-I:10
21-I:10 Repealed by 1991, 346:18, III, eff. July 1, 1991. –
Section 21-I:11
21-I:11 Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property. –
I. The procurement and support services, public works design and construction, and plant and property functions of the department shall be divided across the following divisions:
(a) The division of procurement and support services, which shall be under the supervision of an unclassified director of procurement and support services who shall be responsible for the following functions, in accordance with applicable law:
(1) Purchasing all materials, equipment, supplies, and services for all departments and agencies of the state including contracting for the purchase or rental of data processing equipment and contracting for the purchase of electric power supply and services, except as otherwise provided by law. Insofar as practicable all such purchases shall be made in such quantities and manner as shall be most economical for the state.
(2) Requiring competitive bidding before making any purchase for the state pursuant to the laws of the state applicable to the division's procurement functions, except:
(A) When the best interests of the state would be served thereby and the purchase involves a total expenditure of not more than $10,000 or is a purchase in an approved class.
(B) When after reasonable investigation, it appears that any required unit or item of supply, or brand of such unit or item, is procurable by the state from only one source.
(C) When, after reasonable investigation, it appears that any required service, unit or item of supply, or brand of such unit or item, has a fixed market price at all sources available to the state.
(D) When, in the opinion of the governor, an emergency exists of a nature which requires the immediate procurement of supplies, he or she may authorize the director of procurement and support services to make a purchase without competitive bidding; and where the rates filed with and approved by the insurance commissioner are uniform, the purchase of state insurance and public state official and employee bonds are specifically excluded from competitive bidding as to price; provided, however, that nothing contained in this subparagraph shall preclude the director of procurement and support services from inviting plans of insurance coverage from any resident licensed insurance agent.
(3) Except where competitive bidding has been employed, no purchase involving an expenditure of more than $10,000 or purchase in an approved class may be made by the director of procurement and support services without the written approval of the commissioner. In requesting such approval, the director shall first state in writing his or her reasons for not employing competitive bidding.
(4) Promptly furnishing to any agency and to the comptroller, a copy of any purchase order executed by him or her for supplies for the said agency.
(5) Maintaining a central inventory record of all state owned real property, physical plant and equipment, which record shall be made available to the comptroller to assist him or her in complying with accounting principles. In order to compile this record the director shall:
(A) Advise each state agency how to establish and maintain a perpetual inventory record system for real property whether rented or owned, physical plant, and equipment; and
(B) Require each state agency to report annually, in such form as prescribed by the director, an inventory of the real property whether rented or owned, physical plant, and equipment under its jurisdiction. The form of such report shall not be considered a rule subject to the provisions of RSA 541-A.
(6) Recommending to the commissioner fair and equitable charges to be assessed according to rules adopted pursuant to RSA 21-I:14, XI, against any recipients receiving any donated surpluses from the bureau of purchase and property's surplus distribution section which shall:
(A) Be sufficiently high to defray all administrative, warehousing, processing, distribution, and transportation costs incurred by the surplus distribution section and to allow the accumulation of a working capital reserve equal to the cost of 6 months' operation of the surplus distribution section so that the operation of said section shall result in no expense to the state; and
(B) Be maintained by the treasurer in one of 2 separate, restricted funds:
(i) The surplus distribution section administrative assessments fund, into which shall be deposited funds received by the department by virtue of the disposition of surplus property; and
(ii) The federal surplus food fund, into which shall be deposited funds received by the department by virtue of the disposition of federal surplus food.
(7) Providing the text of any rule adopted pursuant to RSA 21-I:14, XI, to each recipient of donated commodities or surpluses distributed by the bureau of purchase and property's surplus distribution section.
(8) Requiring, prior to an agency's submission of a request for purchase of computer hardware, software, related licenses, media, documentation, support and maintenance services, and other related services that either require an expenditure of more than $5,000, or involve a purchase that is not on an approved standards list established by the department of information technology which requires an expenditure of more than $500, up to $5,000, that the agency obtain approval of the proposal by the chief information officer, or designee, to ensure that the procurement is consistent with the state information technology plan.
(9) [Repealed.]
(10) Supervising the activities and functions of the bureau of purchase and property under RSA 21-I:12, I(a).
(11) Supervising the department's activities and functions under RSA 21-I:12, I(b).
(12) Supervising the activities and functions of the bureau of graphic services under RSA 21-I:12, I (c), (d) and (e).
(b) The division of public works design and construction shall be responsible for the functions set forth in RSA 21-I:12, III.
(c) The division of plant and property, which shall be under the supervision of an unclassified director of plant and property who shall be qualified to hold that position by reason of education and experience and shall perform such duties as the commissioner from time to time may authorize. The director of plant and property shall be responsible for the following functions, in accordance with applicable law:
(1) Subject to the direction and supervision of the commissioner of administrative services, acting as custodian of the state house, legislative office building, state house annex, state library, and, with the exception of interior maintenance of the acute psychiatric services building and all transitional housing buildings including the Howard recreation building, all state-owned buildings located on the campus of the New Hampshire hospital as described in RSA 4:39-a, as well as the grounds connected with each of the foregoing properties, and have charge of all matters relating to the care, maintenance, and repair of said property.
(2) Providing the American Legion Department of New Hampshire, a private nonprofit organization, office space, free of charge, in the state-owned building located at 25 Capitol Street in Concord, New Hampshire or another state-owned building located in Concord.
(3) Having custody of all state-owned or rented real property not specifically charged to some other department and all personal property not specifically charged to some other department.
(4) Supervising the planning and management functions of the department under RSA 21-I:12, II(a).
(5) Supervising the general services functions of the department under RSA 21-I:12, II(b).
(6) Supervising the functions of the department related to court facilities under RSA 21-I:12, II(c).
(7) Supervising the department's activities and functions relating to energy management.
(8) Supervising the department's support of facilities of the department of health and human services.
II. With reference to the division of procurement and support services and the rulemaking authority of the commissioner in this area, the following definitions shall apply:
(a) "Supplies" shall mean all materials, equipment, printing, furniture, furnishings, and books, of every name and nature, including computer hardware, software, related licenses, media, and documentation, and support and maintenance services, excluding any systems that collect or store data off-site.
(b) "Agency" shall mean any board, department, commission, hospital, sanitarium, home, library, school, college, prison, or other institution conducted or operated by or for the state of New Hampshire.
(c) "Purchase" shall mean all contracts for the purchase of supplies or services, as well as the act of purchasing.
(d) "Emergency" shall mean any situation requiring the immediate purchase of supplies arising from any unavoidable casualty or disaster.
(e) "Governing board" shall mean the board, commission, board of trustees, department head or other administrative body responsible for the conduct of any agency.
(f) "Services" shall mean services provided for general agency use including, but not restricted to, the following: credit card agreements, elevator maintenance, hazardous waste testing and removal, janitorial services, laboratory services, rubbish removal, recycled materials pickup, security services, snow removal, soil testing, transportation, office machine maintenance, vehicle repair, vehicle rental and leasing, and warehousing. "Services" shall not mean services provided solely to one agency.
(g) "Structural steel" shall mean a product consisting of the elements of the structural frame that are shown and sized in the structural design documents, essential to support the design loads as defined in the latest edition of the American Institute of Steel Construction (AISC) code of standard practice for steel buildings and bridges 303-16.
(h) "Domestic fabricated structural steel" shall mean an iron or steel product where all manufacturing must take place in the United States, from the initial melting stage, through fabrication, and application of coatings, except metallurgical processes involving the refinement of steel additives. The miscellaneous steel or iron components, subcomponents, and hardware necessary to encase, assemble, and construct such components, including, but not limited to, cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, faucets, and door hinges, shall not be subject to the United States manufacturing requirement of this definition.
(i) "Permanently incorporated product" shall mean a product that is required to remain in place at the end of the project contract, in a fixed location, affixed to the public work to which it was incorporated and shall not mean a product that is capable of being moved from one location to another.
(j) "Fabrication" shall mean all manufacturing of iron or steel products, from the initial melting stage, through fabrication and application of coatings, except metallurgical processes involving the refinement of steel additives.
III. (a) Notwithstanding any law to the contrary relating to procurement and to the extent permitted by federal law, any contract for construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public works with the state as a party shall contain a provision that iron or steel fabricated in the United States shall be used for the permanently incorporated iron, structural steel, and fabricated structural steel used or supplied in the performance of the contract or any subcontract. The provision shall only be required if $1,000,000 or more of state funds are used in the contract.
(b) Departments and agencies of this state affected by subparagraph (a) shall identify what steel products need Buy America certification in the contract documents.
(c) Departments and agencies of this state affected by subparagraph (a) may request a waiver from the department of administrative services, which shall provide an opportunity for public hearing and comment at least 30 days before finalizing a waiver, in the same manner as described in RSA 541-A:11. The department of administrative services may grant a waiver upon finding that:
(1) Application of the project would be inconsistent with the public interest;
(2) The product is not produced or fabricated in the United States and that it would be in the public interest to provide a waiver; or
(3) The item for which a waiver is being requested is not produced and fabricated in the United States in sufficient and reasonably available quantities and of satisfactory quality.
(d) A request for waiver under subparagraph (c) shall include facts and justification to support the granting of the waiver. The response to a request shall be in writing and made available to the public upon request. In granting a waiver, the department of administrative services shall consider all appropriate factors including, but not limited to, any cost, administrative burden, and delay that would be imposed if the provision were not waived.
(e) If a court or federal or state agency has determined that any person intentionally affixed a "Made in America" label to structural steel under this paragraph that was not made in the United States or otherwise falsely represented that structural steel under this paragraph was produced in the United States, the department of administrative services shall withhold contract payment until the structural steel can be replaced, or the noncompliance of this paragraph is otherwise remedied. Failure to comply with and/or produce a satisfactory remedy to the state may result in debarment proceedings under RSA 21-I:11-c, III.
(f) If any provision of this paragraph or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or application which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this paragraph are severable.
Source. 1983, 416:40; 469:130, 131. 1985, 4:4; 188:4; 399:16-18. 1986, 77:1-3. 1988, 227:18. 1990, 247:2. 1991, 346:6. 1995, 9:13. 1996, 57:3; 79:2. 2003, 223:19. 2005, 291:6. 2007, 263:1. 2008, 69:1, 2, eff. July 20, 2008; 85:1, eff. Jan. 1, 2009; 359:3, 9, II, eff. Sept. 9, 2008. 2012, 192:3-6, eff. July 1, 2012. 2013, 49:1, eff. Aug. 3, 2013; 227:1, eff. Sept. 13, 2013. 2014, 327:6, eff. Aug. 2, 2014. 2015, 276:32, eff. July 1, 2015. 2019, 346:4, 37, eff. July 1, 2019; 346:5, eff. June 23, 2021. 2021, 91:3, eff. July 1, 2021; 202:2, Pt. III, Secs. 7 and 10, eff. July 1, 2021. 2022, 281:86, 87, eff. Jan. 1, 2023. 2023, 222:1-3, eff. Aug. 4, 2023.
Section 21-I:11-a
21-I:11-a Fund Restrictions; Cash Reserves Prorated. –
I. Expenditures from the fund established by RSA 21-I:11, I(a)(6)(B), shall be restricted to defraying the following costs of the respective programs incurred as a result of transferring donated commodities or surpluses from the consignee point of delivery or point of origin to the ultimate point of consumption:
(a) Compensation and travel expenses of individuals directly connected with the distribution of donated commodities.
(b) Supplies, equipment, warehousing and storage costs.
(c) Labor and transportation costs.
(d) Such other related costs as may be required to effect orderly distribution of commodities.
II. If the program of distribution of donated commodities and surpluses carried out by the surplus distribution section is discontinued due to failure to receive surpluses for distribution, the cash reserves shall be prorated back to the recipients who contributed to such reserves during the previous 3 years.
Source. 1985, 188:5, eff. May 28, 1985. 2014, 327:7, eff. Aug. 2, 2014. 2019, 346:39, eff. July 1, 2019.
Section 21-I:11-b
21-I:11-b Identical Qualified Lowest Bids, Proposals, or Quotations. –
I. The purpose of this section is to promote procurement practices and procedures which the general court believes will improve the state's procurement process while at the same time establishing a vendor selection procedure which, among other things, is specifically geared toward reducing unemployment and stimulating economic growth in this state.
II. To promote business in this state, when qualified lowest bids, proposals, or quotations are received by the division of procurement and support services at the same price, the division's selection or recommendation for selection shall, if the process is not cancelled by the state, be made by drawing lots, provided, however, that if only one of the vendors offering that price has a principal place of business in New Hampshire, that vendor shall, if the process is not cancelled by the state, be selected or recommended for selection. When qualified lowest bids, proposals, or quotations are received at the same price from more than one vendor which has a principal place of business in New Hampshire, selection or recommendation for selection shall, if the process is not cancelled by the state, be made by drawing lots from among the vendors with a principal place of business in New Hampshire.
Source. 2010, 355:1, eff. Sept. 18, 2010. 2014, 327:8, eff. Aug. 2, 2014.
Section 21-I:11-c
21-I:11-c Debarment of Vendors. –
I. (a) No individual or business entity shall be awarded a bid, proposal, or quotation issued by the division of procurement and support services if that individual or entity, or any of its subsidiaries, affiliates, or principal officers:
(1) Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;
(2) Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;
(3) Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing of a bid, proposal, or quotation;
(4) Is currently debarred from performing work on any project of the federal government or the government of any state;
(5) Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;
(6) Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;
(7) Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;
(8) Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;
(9) Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment;
(10) Has been placed on the debarred parties list specified in paragraph II within the past year;
(11) Has been convicted of wage theft of its employees within the past 2 years;
(12) Has been convicted of a felony level offense involving worker safety practices within the past 2 years; or
(13) Has been found guilty, within the last 2 years, of misclassification of workers as independent contractors, in violation of department of labor standards and the definition of employee in RSA 281-A:2.
(b) All individuals or business entities submitting a bid, proposal, or quotation in response to a request for a bid, proposal, or quotation issued by the division of procurement and support services shall, as part of their response, provide a statement signed under penalty of unsworn falsification as set forth in RSA 641:3 that all conditions listed in subparagraphs (a)(1)-(10) have been met. Failure to submit such a statement, the filing of a false statement, or the signing of the statement by an unauthorized person, shall be reason for the bid, proposal, or quotation to be rejected and the resulting contract, if any, shall be deemed to be in breach. The commissioner of the department of administrative services shall adopt rules under RSA 541-A relative to the statement required under this subparagraph.
II. The division of procurement and support services shall maintain a list of individuals or entities which it believes to be precluded from submitting bids, proposals, or quotations, under paragraph I, which it shall post on its public website. Such individuals or entities shall be debarred from submitting bids, quotations, or proposals to the division. Prior to posting the name of an individual or entity on the public website, the division shall, by way of certified or registered mail to the last known address of the individual or entity, notify the vendor of its intention to post. This requirement of notification shall not apply in the case of potential vendors whose names are posted by the division because those vendors' names appear on a federal or state debarred parties list. The individual or entity to whom a notification has been forwarded may request a hearing by certified or registered mail received by the division within 30 days of the date of the letter of notification. The division may post the vendor's name on its website if no request for a hearing is received in that period.
III. The director of the division of procurement and support services may preclude an individual who has been forwarded a notification under paragraph II from bidding or submitting a response to a request for quotation or proposal to the division whenever he or she concludes that to do so is necessary to protect the public interest. If such immediate debarment is ordered, the director shall notify the individual or entity in the notification forwarded under paragraph II. Such debarment shall be effective regardless of whether or not a hearing is pending and regardless of whether or not a posting has been made under paragraph II.
IV. A notification forwarded by the division under paragraph II shall contain at least:
(a) The name of the individual or entity whose name is proposed for posting;
(b) The reason for the division's decision;
(c) A statement that after 30 days from the date of the notification, the person or entity's name will be posted on the division's website and that the individual may request a hearing in accordance with paragraph II;
(d) The actual calendar date by which any request for a hearing must be received by the division;
(e) Notification that individuals or entities appearing on the list specified in paragraph II shall be debarred from submitting bids, quotations, or proposals to the division;
(f) If the individual or entity is immediately debarred from making bids or other submissions to the division, a statement to that effect; and
(g) A general specification of the period of time that the individual or entity's name will appear on the debarred parties list.
V. Individuals or entities placed on the debarred parties list shall generally be debarred from making bids, quotations, or proposals to the division for as long as they are disqualified under paragraph I or for a period of one year after placement on the list by the division, whichever is longer. The director of the division of procurement and support services may earlier terminate the debarment if he or she determines that the reason for debarment no longer exists, or that the debarred vendor has successfully completed the terms of a sentence or penalty, including probation responsibilities, and that earlier termination will not, in the opinion of the director, adversely affect the public interest.
VI. Debarment shall in no way affect the obligation of a vendor to provide products or services already under contract. In its discretion, however, the state may deem the submission of a bid, proposal, or quotation contrary to paragraph I a breach of contract.
Source. 2010, 355:1, eff. Sept. 18, 2010. 2014, 327:9, eff. Aug. 2, 2014. 2018, 82:1, eff. July 24, 2018. 2019, 346:2, 3, eff. July 1, 2019.
Section 21-I:11-d
21-I:11-d Building Maintenance Fund. –
Each agency for which the department of administrative services is charged with providing building maintenance services shall pay to the department an annual assessment of 75 cents per square foot of such space which the agency occupies. The department of administrative services may make transfers from appropriate agency accounts to address such assessments. Collected amounts shall be deposited in the building maintenance fund, which shall be nonlapsing and continually appropriated to the department of administrative services for the purposes of covering costs associated with continuing maintenance of buildings, space, and other property which it is charged with maintaining.
2019, 346:40, eff. July 1, 2019.
Section 21-I:11-e
21-I:11-e Electronic Reverse Auctions. –
I. An electronic reverse auction may be conducted at the direction of the director of procurement and support services when it is determined by the commissioner of department of administrative services or designee that it is in the best interests of the state. Such reverse auction shall be conducted with bidders who have prequalified through a request for bids (RFB) process. Factors to be considered in determining whether the state will utilize an electronic reverse auction request for bids shall include:
(a) Whether specifications of requested commodities or services can be prepared that permit electronic posting of bids;
(b) Whether financial opportunity exists associated with cost savings, cost avoidance, or administrative offset, including the indirect or direct cost for preparing and executing the reverse auction; and
(c) Whether the commodities or services to be purchased can be purchased in a competitive marketplace.
II. The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the department of administrative services.
III. All reverse auctions shall be conducted electronically using real-time, on-line bidding procedures. These procedures shall include the following:
(a) Participation as a bidder shall be subject to a prequalification process conducted in accordance with requirements and specifications of the reverse auction request for bids. Qualifications summary responses shall be opened so as to avoid disclosure of contents to competing bidders.
(b) The solicitation shall designate both an opening date and time and a closing date and time for bids during the reverse auction. At the opening date and time, the auctioneer shall begin accepting real-time, online bids. The solicitation shall remain open until the closing date and time.
(c) At any time before the closing date and time, a bidder may offer a lower bid than the lowest bid of any bidder, including the bidder's own bid. A bidder's lowest bid shall supersede any prior higher bid offered by that bidder. Bid prices may not be increased at any time after the opening date and time.
IV. Notwithstanding RSA 91-A:4 and RSA 21-G:37, no information shall be available to the public or to the members of the general court or its staff concerning specific reverse auction RFB from the release of the reverse auction RFB until the contract is approved by the governor and executive council, or, if the contract does not require approval from the governor and executive council, until the contract has been actually awarded as determined by the issuing agency, except:
(a) In the case of an RFB that requires approval from the governor and executive council, the issuing agency shall, at least 5 business days prior to submitting the contract to the department of administrative services, post the vendors' names and respective final prices for each qualified bidder on its website.
(b) In the case of an RFB that does not require approval from the governor and executive council, the issuing agency shall, at minimum, post the vendors' names and respective final prices for each qualified bidder on its website at the time that the RFB is awarded.
V. Notwithstanding paragraph IV, the department of administrative services shall share such pricing information as is necessary to conduct the reverse auction. During the reverse auction, such pricing information shall be shared only with the bidders and other parties participating in the reverse auction as specified in subparagraph III(c). Such information shall include only prices proposed and not names of bidders.
VI. Reverse auction RFBs shall be subject to RSA 21-G:37, IV-VI.
Source. 2021, 202:2, Pt. II, Sec. 1, eff. Oct. 9, 2021.
Section 21-I:12
21-I:12 Internal Organization of the Divisions of Procurement and Support Services, Public Works Design and Construction, and Plant and Property. –
I. The division of procurement and support services shall include the following internal organizational units and functions:
(a) A bureau of purchase and property under the supervision of a classified administrator of purchase and property who shall be responsible for the following functions, in accordance with applicable laws:
(1) Procurement of supplies, commodities, and services except as otherwise assigned to other bureaus or divisions of the department.
(2) Purchasing only heating oil that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such product is unavailable or is more costly than a 100 percent petroleum product, in which case such purchase shall be made at the discretion of the director of procurement and support services. The director, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use.
(3) Purchasing biodiesel fuel blends for the department of transportation in accordance with RSA 228:24-a, II.
(4) Maintaining and operating such central storage facilities as may be practical.
(5) Charging property and equipment to the using departments, as he or she shall deem advisable, and expressly specifying the responsibilities for maintenance of the same.
(6) Transferring unused supplies and equipment from one department or agency to another where needed and determining the value thereof; where such unused supplies and equipment cannot be so transferred, providing for disposal to the public by competitive bid whenever the estimated value of any unit or total of units is $2,500 or more, unless the director of the division of procurement and support services determines an alternate disposal method will be in the best interest of the state.
(7) There shall be within the bureau of purchase and property a surplus distribution section, which shall continue to operate for such period of time as surpluses or donated commodities of any kind are made available for distribution to the state by any department, division, or agency of the United States government or by any other source. The surplus distribution section shall be under the supervision of a classified supervisor of surplus distribution, who shall be responsible for the following functions, in accordance with applicable laws:
(A) Requesting, transporting, receiving, warehousing, allocating, enforcing compliance, and delivering, where deemed expedient, any surpluses or commodities made available to the state by the federal government or by any other source.
(B) Assuring that all contracts, agreements, leases, or other documents entered into by the commissioner in order to operate the program of distribution of federal commodities and surpluses comply with the regulations and directives of the federal government.
(C) In his or her discretion, receiving, allocating, and distributing food supplies and other school food services supplies in cooperation with the New Hampshire School Food Service Association Co-operative, Inc., and such activities shall in no way constitute a restriction of trade.
(D) In his or her discretion, participating and cooperating in informational projects relating to distributions made by the agency.
(b) The department's functions relating to merchant payment cards, fleet management, reporting on state real property under RSA 4:39-e and RSA 21-I:11, I(a)(5), and facilitation of the disposition of state-owned real property, managed by such personnel, as may be assigned by the commissioner.
(c) A bureau of graphic services under the supervision of a classified administrator of graphic services who shall be responsible for the following functions:
(1) Supervising all state printing and its procurement.
(2) Ensuring that all legislative printing within the capability of the bureau of graphic services shall, at all times, have priority over other work of the bureau.
(3) Providing the capability to levy cost charges on the use of each state photocopier.
(4) Using the prison print shop to the extent it can efficiently do so to function as a vocational rehabilitation facility under the direct supervision of prison authority, provided the prison print shop shall be entitled to bid on any appropriate state printing job.
(5) Managing a service operation which shall provide graphic services to all state agencies.
(d) With reference to the bureau of graphic services and the rulemaking authority of the commissioner in this area, "graphic services" shall mean any method of producing written or pictorial representations and shall include, but not be limited to, all forms of photography, photocopy, duplicating, and printing.
(e) The following exceptions to the authority of the administrator of graphic services shall apply:
(1) He or she shall exercise no management or other authority over the forensic science laboratory established in RSA 106-B:2-a.
(2) He or she shall exercise no management or other authority over the printing, duplication, photocopying, photographic, or other graphic services equipment or personnel of the university system of New Hampshire, the department of transportation, the department of employment security, and the general court.
(f)(1) There is hereby established in the state treasury a graphic services fund, which shall be a revolving fund administered by the department of administrative services. The fund shall be nonlapsing and continually appropriated to the department of administrative services. Revenue received by the bureau of graphic services shall be deposited into this fund.
(2) The graphic services fund shall be maintained at such a level as to cover the necessary costs of the administration, management, operations, activities, positions, capital, or other needs of the bureau of graphic services. The department of administrative services may use any excess amounts in the fund to fund the administration, management, operations, positions, activities, capital, or other needs of the department or any of its divisions, bureaus, units, or subunits.
II. The division of plant and property shall:
(a) Be responsible for the following functions relative to planning and management, in accordance with applicable laws:
(1) Recommending assignment of office and office-related space, including rented space, or space under consideration for rental, to the director, who shall report such recommendations to the commissioner.
(2) Preparing and maintaining an inventory of all physical space in real property rented or leased for use by the state. This inventory shall be made available to the comptroller in order to assist the comptroller to comply with accounting principles.
(3) Planning for any additional office space needs of the state in consultation with the division of public works design and construction.
(4) Planning for any major renovation to state office buildings in consultation with the division of public works design and construction.
(5) Centrally managing all space rented by, or all proposed rentals of space by, state agencies, and providing central administration and management of the processes by which space is rented by state agencies, except as is otherwise provided by law. Unless otherwise allowed by law, agencies seeking to rent space shall do so only in consultation with the division of plant and property. The central management and administration provided by the division shall include assisting agencies in their selection of property, in the formulation of rental documents, in the preparation of notices, in agencies' solicitation of bids or proposals and selection of lessors, in space planning, in office layout, and in such other matters as are necessary for effective central planning and management relative to rented space but shall not include the power to enter into rental agreements on behalf of an agency.
(b) Include the following internal organizational units and functions:
(1) Be responsible for the following general service functions, in accordance with applicable laws:
(A) Providing support services, including but not limited to, mailing and messenger services to state government.
(B) Providing for the general maintenance of state-owned buildings and grounds, except as otherwise provided by law.
(2) Be responsible for the following court facility functions, in accordance with applicable laws:
(A) Providing suitable court facilities for the conduct of all court sessions held within each judicial district and county, subject to the availability of appropriated funds, in accordance with RSA 490-B.
(B) Providing for the general maintenance of state-owned court buildings and grounds, except as otherwise provided by law.
(3) Be responsible for the department's functions relating to energy management, managed by such personnel as may be assigned by the commissioner.
(4) Be responsible for the department's support of facilities of the department of health and human services managed by such personnel as may be assigned by the commissioner.
III. The division of public works design and construction shall be responsible for the following functions in accordance with applicable law:
(a) Supervising and overseeing the department's public works design and construction functions.
(b) Public works engineering, including planning and design for all public works projects as described in RSA 21-I:78 through RSA 21-I:86.
(c) Field supervision of all public works construction as described in RSA 21-I:78 through RSA 21-I:86.
(d) Supervision and coordination of all state-owned land and buildings not otherwise assigned, including, but not limited to, performing those functions specified in RSA 21-I:84, I.
(e) Except as otherwise provided by law, developing state-owned and supported land and buildings, and preparing a long range capital improvements plan, which shall be communicated to the commissioner of administrative services, or designee.
(f) Communicating with the commissioner of administrative services, or designee, the activities of the division relative to the capital budget overview process. The commissioner of administrative services, or designee, shall coordinate the department's activities relative to the capital budget overview process and shall communicate with the general court regarding that process as it relates to public works.
(g) Communicating with the commissioner of administrative services, or designee, long range capital planning relative to public works design and construction. The commissioner of administrative services, or his or her designee, shall coordinate the department's long range capital planning relative to public works design and construction to meet the needs of the state.
(h) The supervision and operation of all public works of the state not otherwise provided for or assigned by law.
Source. 1983, 416:40. 1985, 188:1; 399:19. 1991, 346:7. 2003, 319:83. 2004, 257:34. 2005, 291:7. 2011, 224:333, eff. July 1, 2011. 2014, 327:10, eff. Aug. 2, 2014. 2020, 37:45, eff. Sept. 27, 2020. 2021, 91:4, 5, eff. July 1, 2021; 202:2, Pt. III, Sec. 11, eff. July 1, 2021.
Section 21-I:13
21-I:13 Duties of Commissioner. –
In addition to the powers, duties and functions otherwise vested by law in the commissioner of the department of administrative services, he shall:
I. Represent the public interest in the administration of the functions of the department and be responsible to the governor, the general court and the public for such administration.
II. Develop and implement, subject to approval by the governor and the legislature, a long range 6-year financial plan for the state of New Hampshire.
III. Attend all meetings of the executive council and joint legislative fiscal committee, answer questions and give information called for by these bodies, and their members, relative to financial operations of the state and its several agencies.
IV. Furnish to any committee of either house of the legislature having jurisdiction over revenue or appropriations such aid and information regarding the financial affairs of the state as it may request.
V. Receive cooperation from all agencies in providing information which he shall request in order to carry out his statutory functions.
VI. Have authority to destroy at the end of 6 years from the time of filing any records, reports, or miscellaneous papers in the department which, in his opinion, are no longer of value to the state, provided that any such destruction shall have the prior approval of the legislative budget assistant.
VII. Assign physical facilities, including rented office space, for the use of state agencies, after consultation with the governor and the prior approval of the fiscal committee of the general court, except:
(a) In the legislative office building and the state house.
(b) In any facilities under the control of the judicial branch of government.
VIII. Have the authority to assign and reassign the personnel of the department among the divisions, bureaus, sections, units, or other organizational subdivisions or components of the department.
IX. Administer all state employee and retiree benefit programs, other than those administered by the retirement system or the deferred compensation commission established in RSA 101-B, as provided by RSA 21-I:28.
X. Supervise the operation of the program of distribution of surpluses and commodities made available to the state by the federal government or any other source, including entering into all necessary contracts and agreements.
XI. Administer the retirement benefits for certain legislative and constitutional officers as provided in RSA 14:27-c.
XII. [Repealed.]
XIII. Have the authority to contract with an outside consulting group knowledgeable in the area of employee compensation of state officers, for the purpose of the commissioner's duty under RSA 94:3-b, in an amount not to exceed $20,000 annually. The cost of such contract shall be funded from the salary adjustment fund.
XIV. Establish a general liability insurance provision for standard state contracts that requires any contractor who qualifies for nonprofit status under section 501(c)(3) of the Internal Revenue Code and whose annual gross amount of contract work with the state does not exceed $500,000 to provide insurance in amounts of not less than $1,000,000 per claim or occurrence and $2,000,000 in the aggregate.
XV. Administer, and, as necessary, revise an integrated system of governmental budgeting, financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems which accurately and systematically account for all revenues, receipts, resources, and property of the state and each of its agencies; which record information about the financial activities of the state and its agencies necessary to compare and control expenditures and commitments, within budgets and appropriations; from which it shall be possible to obtain accurate annual and interim financial statements and other reports which present fairly and with full disclosure the financial position and results of operations of the state of New Hampshire in conformance with generally accepted accounting principles; and which makes it possible to determine and demonstrate compliance with finance-related legal and contractual provisions, including federal grants, to which the state or any of its agencies are subject. The commissioner of administrative services may delegate the performance of functions associated with the above systems, including accounting functions, to appropriate units, divisions, or bureaus within the department and may authorize deviations from generally accepted accounting principles when the commissioner deems it in the best interest of the state, provided that the explanation for so deviating is provided in the annual report required by RSA 21-I:8, II(a).
XVI. Implement and manage an integrated, multi-module, information technology system that facilitates collection and integration of information related to various areas of government such as finance, accounting, human resources, inventory, procurement, and customer service. The commissioner of administrative services may delegate the performance of functions associated with the above system to appropriate units, divisions, or bureaus within the department.
XVII. Maintain a list of persons who have been prohibited from participating in public works projects under RSA 638:20. Such list shall be a public record under RSA 91-A.
XVIII. Establish within the department such divisions, units, and officers, not expressly provided for or prohibited by law, as the commissioner deems advisable for the discharge of his or her duties. The commissioner may appoint such deputy division directors and other officers as he or she believes are necessary to carry out the functions of the divisions of the department.
XIX. (a) Beginning July 1, 2023, create and make available on the department's public Internet website, a report of all federal relief funds disbursed, within 30 days of each disbursement. The report shall be in check register format, and shall include the amount, date, and person or other entity to whom the disbursement was made, the accounting unit and class code of the disbursement, the title and number of the expense account, and a brief description of each disbursement.
(b) Any resident who is aggrieved by a violation of this section may appeal to the office of the right-to-know ombudsman.
Source. 1983, 416:40. 1985, 188:6; 399:20, 21. 1986, 65:2. 1993, 231:1, 2. 2001, 158:103. 2006, 70:12. 2008, 177:8; 358:8, 16, I; 378:1. 2011, 131:3, eff. Aug. 6, 2011. 2012, 247:11, eff. Aug. 17, 2012. 2017, 193:5, eff. Aug. 29, 2017. 2021, 202:2, Pt. III, Sec. 2, eff. July 1, 2021. 2023, 102:1, eff. June 20, 2023.
Section 21-I:13-a
21-I:13-a Requests for Financial Information. –
I. Members of the general court, in the performance of their duties as such, shall not be charged for financial information under the control of the commissioner of administrative services, but requests for such information shall be made to the commissioner on forms supplied by him; provided, however, that members shall not have access to information where availability is prohibited by statute such as, but not limited to, RSA 91-A:5. Members of the general court shall have access only to that information available to the legislative budget assistant under RSA 14:31, IV-a.
II. [Repealed.]
Source. 1985, 399:28, eff. July 1, 1985. 2015, 185:4, eff. Jan. 1, 2016.
Section 21-I:14
21-I:14 Rulemaking Authority. –
The commissioner of administrative services shall adopt rules, pursuant to RSA 541-A, relative to the following matters, if such matters require statements of general applicability within the definition of "rule" set forth in RSA 541-A:1, XV:
I. A comprehensive and uniform system of state financial management described in RSA 21-I:13, XV and XVI in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary, that clearly explains procedures applicable to all state agencies, officers and employees other than the legislative branch and the state judicial branch. Notwithstanding RSA 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall:
(a) Be subject to the approval of governor and council but, pursuant to RSA 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
(b) To the extent deemed necessary by the commissioner, set forth standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements related to the financial management of the state, including but not limited to:
(1) Budget preparation requirements.
(2) Fiscal year closing requirements.
(3) State fund structure.
(4) Governor and council actions.
(5) Fiscal committee actions.
(6) Transfer of appropriated funds.
(7) Reimbursement of travel, meals, and lodging.
(8) Staff development reimbursement.
(9) Asset and inventory requirements.
(10) State-owned motor vehicles.
(11) Implementation or alteration of practices, procedures, policies, protocols, guidelines, specifications, instructions, and directives related to the statewide budgeting and uniform financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
(12) Any other matter relating to budgeting, integrated financial accounting, financial reporting, financial and human resources management systems, and related systems and subsystems.
II. Loss prevention guidelines for the purpose of risk management.
III. [Repealed.]
IV. [Repealed.]
V. Standards for the provision of graphic services which will insure efficiency and high quality work.
VI. Standards governing the purchase and continuing ownership of graphic services equipment by agencies not exempted by RSA 21-I:12, I(e).
VII. Standards governing the allocation and use of state photocopiers by the agencies not exempted by RSA 21-I:12, I(e).
VIII. Standards necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
IX. Standards for the format, content and style of agency annual or biennial reports, after consultation with the administrator of the bureau of graphic services with regard to format. These standards shall require that agency reports provide statistical information on agency activities and operations in addition to narrative discussions; and that agency reports analyze the operational efficiency of state operations and program performance in terms of explicitly stating the statutory functions each agency is to perform and how these statutory functions are being accomplished, in terms of unit-cost measurement, workload efficiency data, and program output standards established by the commissioner. These standards shall be in the form of a manual to be updated and revised as the commissioner of administrative services deems necessary. Notwithstanding RSA 21-G:9 or any other law relative to the powers or duties of commissioners or other state officials, the state agencies, officers, employees, and others to whom the provisions of the manual are directed shall abide by the requirements of the manual. The manual shall be subject to the approval of governor and council but, pursuant to RSA 541-A:1, XV, the manual and its contents shall not be a rule subject to the rulemaking requirements of RSA 541-A.
X. Qualification, continuing eligibility and disqualification of recipients to receive commodities distributed by the surplus distribution section established by RSA 21-I:12, I, and procedures for determining the same. Such rules shall:
(a) Comply with requirements, if any, established by the department, division or agency of the United States which is the source of the commodities.
(b) Be binding on all recipient agencies and shall have the force of law. No recipient agency, nor any officer or employee thereof, shall be liable for damages for any claimed injury arising from a determination made in accordance with said rules.
XI. Fair and equitable charges to be assessed against recipients receiving any donated surpluses from the surplus distribution section based on recommendations provided according to RSA 21-I:11, I(a)(6).
XII. Standards and procedures governing the purchase of all materials, supplies and equipment by the division of procurement and support services.
XII-a. Procedures for the waiver of certain provisions of RSA 21-I relative to purchasing under RSA 21-I:18, II.
XIII. Management of the state employees and retiree group insurance program authorized by RSA 21-I:26 through 21-I:36 and the programs established in RSA 21-I:44-a and RSA 21-I:44-b.
XIII-a. Implementation of the programs established in RSA 21-I:44-a and RSA 21-I:44-b.
XIV, XV. [Repealed.]
XVI. Public works services, including bidding for major projects as described in RSA 21-I:78, as authorized by RSA 21-I:80; RSA 21-I:81 and RSA 21-I:82, bidder qualifications, agency requests for public works services, charges and fees, selection of persons or entities to perform public works projects, public works construction and design, dispute resolution, and such other requirements or procedures relating to public works as are necessary for the division of public works design and construction to properly perform its duties and functions in accordance with applicable law.
XVII. The central management of space rented by state agencies, the rental of space by state agencies and the processes to be utilized by agencies in the rental of space, including those matters described in RSA 21-I:12, II(a)(5).
XVIII. Employees serving in executive branch unclassified positions relating to:
(a) Annual Leave;
(b) Sick Leave;
(c) Transfers between positions within the executive branch and across branches of state government; and
(d) Termination and payouts upon termination of employment.
Source. 1983, 416:40. 1985, 188:7; 399:22. 1986, 65:3. 1991, 346:18, IV; 355:2. 1994, 183:1. 2005, 291:8. 2006, 70:11, 13. 2008, 177:9, 10, eff. June 11, 2008. 2014, 327:11-13, eff. Aug. 2, 2014. 2017, 193:6, eff. Aug. 29, 2017. 2021, 91:358, eff. July 1, 2021.
Section 21-I:14-a
21-I:14-a Repealed by 2008, 359:9, I, eff. Sept. 9, 2008. –
Section 21-I:14-b
21-I:14-b Repealed by 2016, 148:1, II, eff. Jan. 1, 2017. –
Section 21-I:14-c
21-I:14-c Energy Consumption Reduction Goal; Reports. –
I. Each state department shall identify cost-effective measures to reduce fossil fuel consumption by 25 percent by 2025 in state buildings, on a square foot basis, compared to a 2005 baseline. Implementation of any measures shall be subject to the appropriate budgetary process and approval. Cost effectiveness for the purposes of this section shall mean a return on investment based on energy savings and reduced operational costs within the expected lifetime of the measure.
II. Beginning in calendar year 2016, each state department shall submit an annual report to the commissioner of administrative services on or before October 15 which details any cost-effective measures it is utilizing and those potential measures, subject to budgetary approval, to comply with the energy consumption reduction goal established in paragraph I and its annual progress in complying with this goal.
III. Beginning in calendar year 2016, the commissioner shall submit an annual report to be made available to the public on or before January 15 compiling the annual reports submitted under paragraph II, with findings on the departments' annual progress in complying with the energy consumption reduction goal established in paragraph I and problems which may prevent the departments from achieving this goal, to the governor, the senate president, the speaker of the house of representatives, the chair of the senate energy and natural resources committee and the chair of the house science, technology and energy committee.
Source. 2010, 328:2, eff. July 20, 2010. 2012, 281:1, eff. Jan. 1, 2013. 2015, 259:4, eff. July 1, 2015.
Section 21-I:14-d
21-I:14-d Advisory Committee on State Procurement. –
I. There is established an advisory committee on state procurement. The members of the committee shall be as follows:
(a) Four members of the house of representatives, 2 of whom shall be members of the house executive departments and administration committee, one of whom shall be a member of the house committee with jurisdiction over public works, and one of whom shall be a member of the house finance committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall work with the department of administrative services and department of justice to update state procurement procedures. The committee shall meet at least annually and on an as-needed basis to address procurement issues identified by the committee.
IV. The members of the 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. Three members of the committee shall constitute a quorum.
V. Beginning November 1, 2016, and each November 1 thereafter, the committee shall report its findings and any recommendations for proposed legislation to the commissioner of the department of administrative services, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.
Source. 2016, 55:4, eff. May 5, 2016. 2017, 50:2, eff. July 11, 2017. 2022, 323:5, eff. Sept. 6, 2022.
Purchase of Supplies
Section 21-I:15
21-I:15 Sundry Materials and Supplies. –
I. The director of procurement and support services may purchase materials and supplies in advance of requisition by state departments and institutions, and such purchases shall be a charge against each departmental or institutional appropriation upon requisition and delivery.
II. The state treasurer upon presentation by the director of procurement and support services of manifests covering said supplies is authorized to pay the same from any money in the treasury not otherwise appropriated.
III. The director of procurement and support services is authorized to assess a fair and equitable charge with respect to such materials and supplies, such charge to be made against the departmental or institutional appropriation upon requisition and delivery. Such charges shall be sufficiently high to defray all administrative, warehousing, processing, distribution and transportation costs incurred by the division of procurement and support services plus the cost of supplies necessary to the operation of the division.
IV. The funds arising from such charges shall be separately accounted for, and are hereby appropriated to and made available for expenditure by the director of procurement and support services, subject to the approval of the commissioner of administrative services, for the purposes set forth in paragraph III.
Source. 1985, 399:1, eff. July 1, 1985. 2014, 327:15, eff. Aug. 2, 2014.
Section 21-I:16
21-I:16 Furniture. –
All furniture bought shall be charged to the proper department, and shall not be a charge upon the appropriation for the care, maintenance, and repair of the state buildings.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:17
21-I:17 Additional Purchasing Authority. –
I. The director of procurement and support services may purchase supplies or services for the legislative or judicial branches whenever the governing body thereof so desires and the director deems that such purchases can be made advantageously. In addition, the director may include terms in his or her contracts that require a vendor to make supplies and services available to the legislative or judicial branches, and any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code, on terms that are the same as or similar to those offered to the executive branch of the state; however, any such procurement of supplies or services by the legislative or judicial branches, any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code shall be made independently and distinctly from the director's purchases under this chapter, and the director shall not be required to enter into any contractual or other arrangements or assume any responsibility or liability with respect to any such procurement of supplies or services by the legislative or judicial branches, any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code.
I-a. In the case of contracts entered into by the director of procurement and support services for credit card services intended to facilitate state procurement, the director may, if he or she believes that to do so would be advantageous to the state:
(a) Include terms in such contracts that require a card issuer to make such services available to the legislative or judicial branches, or to any city, town or other non-state entity which is an employer as defined by RSA 100-A:1, IV, on terms that are the same as or similar to those offered to the executive branch of the state; provided, however, that such use or continued use shall be subject to the approval of the division of procurement and support services. Any procurement of supplies or services by the legislative or judicial branches, or by any city, town, or other non-state entity using cards secured under this subparagraph shall be made independently and distinctly from the director's purchases under this chapter. Any charges, fees, or other costs associated with the use of such cards shall be the responsibility of the entity which incurred them and the state shall assume no responsibility for the use of cards by entities other than the state. The director shall not be required to enter into any contractual or other arrangement for the use of cards by the legislative or judicial branches, or any city, town, or other non-state entity which is an employer as defined by RSA 100-A:1, IV, or to assume any responsibility or liability with respect to the use of such cards or with respect to any procurements of supplies or services made by those entities using such cards.
(b) Enter into contracts which, in addition to allowing for use of credit card services by the executive branch, also allow for use by the legislative or judicial branches in order to pay for their purchases in a manner similar to executive branch agencies. If the legislative or judicial branches elect to make such direct use of contracts secured by the division of procurement and support services under this subparagraph, they shall do so according to procedures established by the department of administrative services, in RSA 21-I:17-d, II and III. The use or continued use of such contracts by the legislative or judicial branch shall be subject to the approval of the division of procurement and support services. The director shall not be required to enter into any contractual or other arrangements for the use of credit card services by the legislative or judicial branches, and may also, or in the alternative, include terms in his or her contracts which allow for participation by those branches on the terms set forth in subparagraph (a).
II. [Repealed.]
III. The state through the director of procurement and support services or any other appropriate purchasing authority may purchase pharmaceuticals and allied products and services for any receiving facility as defined in RSA 135-C or any nonprofit hospital, whenever the governing body thereof so desires and the director or other authority deems that he or she can make such purchases advantageously. Any savings realized from the state's purchase of pharmaceuticals and allied products and services for a receiving facility or nonprofit hospital shall be allocated to the receiving facility or nonprofit hospital. No liability shall accrue to the state or the state purchasing authority for any loss, damage, death, or injury resulting from the use of any pharmaceuticals or allied products or services purchased by the state for any nonprofit hospital.
Source. 1985, 399:1. 1988, 269:7. 2004, 260:1. 2010, 209:1, 4, eff. Aug. 27, 2010. 2014, 327:16, eff. Aug. 2, 2014. 2015, 253:2, eff. Sept. 11, 2015.
Section 21-I:17-a
21-I:17-a Delegation of Purchasing Authority. –
I. The director of procurement and support services may, upon written application of the governing board of any agency, authorize such governing board, or one or more individuals designated by such board, to purchase supplies for the agency directly from vendors by the use of field purchase orders, or by the use of procurement cards issued for that purpose; provided, however, that no such field purchase order or procurement card shall be used where a total expenditure of more than $1,000 is involved unless such use is otherwise allowed by law. The form and use of such field purchase orders or procurement cards shall be prescribed by rules adopted by the commissioner of administrative services pursuant to RSA 541-A in consultation with the state treasurer, or in the department's manual of procedures described in RSA 21-I:14, I. Rules or procedures adopted by the commissioner relative to procurement cards shall include processes for monitoring the use of such cards. Procurement cards shall be used only for state purposes. Unauthorized use of a procurement card may result in disciplinary action up to and including termination of employment. Any person who knowingly uses a procurement card in violation of this section shall be guilty of a misdemeanor. Agencies' use of procurement cards shall be subject to the limitations of the amounts appropriated by the legislature.
II. Upon the joint recommendation of the commissioner of administrative services and the governing board of any agency, the governor and council, in their discretion, may authorize such governing board, or one or more individuals designated by such governing board to purchase supplies for the agency directly from vendors in such quantities and for such sums as the governor and council shall prescribe; provided, however, that any such authority shall be subject to the limitations of the amounts appropriated and the purposes authorized by the legislature for the agency, and provided further that all such delegations of purchasing authority shall expire on December 31 of the even numbered years. Whenever such purchasing authority is so delegated to any agency, the requirements of RSA 21-I:11, I(a)(3) and (4) and rules adopted pursuant to RSA 21-I:14, XII, shall apply to the governing board or its authorized agent exercising such delegated authority.
Source. 1985, 399:31. 1994, 89:1. 2010, 209:2, eff. Aug. 27, 2010. 2014, 327:17, eff. Aug. 2, 2014. 2015, 253:1, eff. Sept. 11, 2015. 2016, 55:3, eff. May 5, 2016.
Section 21-I:17-b
21-I:17-b Purchase of Electricity by Competitive Bidding. –
I. When evaluating bids for electric power supply and services, the quality of service, the reliability of service, the coordination of services, and other reasonable factors shall be considered in addition to the price of electricity. The bidding process shall be open to bids which serve less than the entire needs of the state, or which provide electric power supply or services separately, in order to increase the number of potential suppliers.
II. When submitting electric power supply bids, vendors should include information, to the extent practicable, on the fuel sources and air pollutant emission profiles of significant sources of generation under the proposed bid.
III. The solicitation of competitive bids for electric power supply shall only apply to wholesale power purchased from the electric grid and does not apply to power purchase agreements under RSA 21-I:19-d, which will result in power generated on state-owned property. Nothing in this section shall be interpreted to mean that any energy contract entered into under RSA 21-I:19-d shall not be subject to competitive bidding.
Source. 1996, 79:3. 2020, 37:58, eff. Sept. 27, 2020.
Section 21-I:17-c
21-I:17-c Contracts for Use by More Than One Agency. –
Agencies shall make use of contracts which have been entered into by the department of administrative services, division of procurement and support services, for more than one agency when procuring commodities or services that are available to the agency under such contracts, unless granted a waiver from this requirement by the commissioner of administrative services. The commissioner shall grant a waiver when he or she concludes that to do would be in the best interests of the state.
Source. 2009, 162:4, eff. Sept. 6, 2009. 2014, 327:18, eff. Aug. 2, 2014.
Section 21-I:17-d
21-I:17-d Use of Procurement Cards for Purchase of Commodities or Services. –
I. In addition to the division of procurement and support services' authority to allow the use of field purchase orders or procurement cards for the purchase of supplies under RSA 21-I:17-a, the director of procurement and support services may authorize agencies, or their designees, to purchase commodities or services directly from vendors by the use of procurement cards issued for that purpose; provided, however, that no such procurement card shall be used where a total expenditure of more than $1,000 is involved unless such other use is otherwise allowed by law, or unless the commissioner of administrative services or his or her designee authorizes a higher total expenditure on a case by case basis. The commissioner or his or her designee may authorize a higher total expenditure only if he or she concludes that to do so would be in the best interests of the state.
I-a. The director of procurement and support services also may, upon written application of an agency, authorize the agency, or one or more individuals designated by the agency, to purchase commodities or services secured by or through the division using procurement cards issued for that purpose; provided, however, that no such card shall be used for an expenditure which is greater than the amount allowed by the division for purchases under the applicable contract, or the price allowed by the division for the commodity or service, and provided further that use of such cards shall be in accordance with paragraphs II and III.
II. Use of a procurement card under paragraph I or I-a shall not alter any other purchasing requirements which may apply to the agency or to the type of purchase at issue, including but not limited to any restrictions or limitations contained in contracts entered into by the division of procurement and support services and any processes, rules, or manual of procedures provisions adopted by the department of administrative services which are applicable to the purchase. Agencies' use of procurement cards shall be subject to the limitations of the amounts appropriated by the legislature.
III. The form and use of credit cards to conduct or pay for purchases under paragraph I or I-a shall be prescribed by rules adopted by the commissioner of administrative services pursuant to RSA 541-A in consultation with the state treasurer, or in the department's manual of procedures described in RSA 21-1:14, I. Rules or procedures adopted by the commissioner shall include processes for monitoring the use of cards. Cards shall be used only for state purposes. Unauthorized use of a card may result in disciplinary action up to and including termination of employment. Any person who knowingly uses a card in violation of this section shall be guilty of a misdemeanor.
Source. 2015, 253:3, eff. Sept. 11, 2015. 2020, 37:44, eff. Sept. 27, 2020.
Section 21-I:18
21-I:18 Exemptions. –
I. To the extent indicated in this section, the following agencies and purchases are exempted from the provisions of this chapter. All exempt purchases shall be made in accordance with the existing laws governing such purchases:
(a) The university system of New Hampshire shall not be required to make any purchases through the director of procurement and support services, unless it wishes to do so. If it does, the director shall be required to follow the provisions of this chapter. The university system shall make purchases under competitive bidding requirements except when waived by the chancellor of the university system or his authorized agent upon written justification.
(b) The liquor commission is exempted from the provisions of this chapter, provided that the liquor commission uses competitive bidding when acquiring supplies as defined in RSA 21-I:11, II(a), and other materials, goods, and services that are necessary for, incidental to, or related to the operation of liquor commission retail and wholesale operations.
(c) The legislature, secretary of state, and the state reporter are completely exempted from the provisions of this chapter.
(d) This chapter shall not apply to any contracts made or entered into by the director of procurement and support services or any agency under the terms of which contractors with the state purchase their own supplies directly.
(e) The purchase of materials, supplies and merchandise by the department of natural and cultural resources as provided by RSA 219:21 shall not be subject to the provisions of this chapter.
(f) All state agencies are exempted in the matter of the purchase of books and periodicals.
(g) The purchase of gaming tickets and their dispensing equipment by the lottery commission. The commission shall make such purchases under competitive bidding requirements, except when waived by the commission or its authorized agent with written justification.
(h) The purchase of client rehabilitative equipment, supplies and services for disabled persons by the bureau of vocational rehabilitation, including adaptive equipment as provided by RSA 200-C:16, shall not be subject to the provisions of this chapter.
(i) Purchases of services from nonprofit organizations by the department of education, division of learner support and the department of health and human services for severely disabled or severely emotionally disturbed children as provided by RSA 186-C:22 shall not be subject to the provisions of this chapter.
(j) The court systems are completely exempted from the provisions of this chapter.
(k) The purchases of materials, supplies, and merchandise by the fish and game department as provided by RSA 206:22-b shall not be subject to the provisions of this chapter.
(l) Purchases of services from private contractors by the department of revenue administration with respect to the administration of low and moderate income homeowners property tax relief claims.
(m) Purchases of services from private contractors by the department of revenue administration with respect to the establishment of assessing enforcement procedures.
(n) The purchase of gaming tickets and their dispensing equipment by the lottery commission under RSA 287-E. The lottery commission shall make such purchases under competitive bidding requirements, except when waived by the lottery commission or its authorized agent with written justification.
(o) The New Hampshire retirement system shall not be required to make any purchases through the director of procurement and support services, unless it wishes to do so. If it does, the executive director shall be required to follow the provisions of this chapter. The retirement system shall make purchases under competitive bidding requirements except when waived by the executive director or his or her authorized agent upon written justification.
I-a. The community college system of New Hampshire shall not be required to make purchases through the director of procurement and support services or utilize the services of the bureau of graphic services unless it so chooses. The community college system of New Hampshire shall make purchases under competitive bidding requirements except when waived by the chancellor of the community college system of New Hampshire, or a designated agent, upon written justification.
II. Notwithstanding any other provision of law, the commissioner of the department of administrative services, or his designee, may waive the provisions of RSA 21-I, relative to the purchase of materials, supplies, and merchandise, when requested by the executive head of any department or agency or his designee to prevent the loss of any federal or other funds subject to recapture. Such waiver shall be acted upon in a timely manner, and approval shall not be unreasonably withheld.
Source. 1985, 399:1. 1986, 171:4. 1987, 284:3. 1988, 269:8. 1989, 35:2. 1990, 140:2, X; 255:4. 1991, 355:3. 1992, 198:2. 1993, 137:3-5; 322:3. 1994, 246:3; 379:20, 21. 1995, 310:181. 1998, 272:1. 1999, 338:19. 2001, 158:30, 83. 2003, 319:25. 2004, 97:8; 257:5. 2005, 53:1. 2007, 361:4. 2008, 25:1; 359:4. 2009, 144:120, eff. July 1, 2009. 2013, 157:1, eff. June 28, 2013. 2014, 327:19, eff. Aug. 2, 2014. 2015, 276:127, eff. July 1, 2015. 2017, 156:14, I, eff. July 1, 2017. 2018, 315:5, eff. Aug. 24, 2018.
Section 21-I:19
21-I:19 Products and Services of Persons With Disabilities. –
Notwithstanding any other provision of law to the contrary, whenever products or services of persons with disabilities are available, the director of procurement and support services may purchase the same at their fair market value in accordance with the following:
I. The director shall determine the fair market price on all suitable products manufactured by persons with disabilities and services rendered by persons with disabilities and offered for sale to the state or any of its agencies by any charitable nonprofit agency for the disabled, which is incorporated under the laws of this state, and which manufactures merchandise and provides services within the state and which is approved for such purpose by the director of the division of procurement and support services. The director shall revise such prices from time to time, in accordance with changing market conditions, and shall adopt such rules regarding specifications, time of delivery and other relevant matters as are necessary to carry out the provisions of this section. At the request of the director of procurement and support services, the commissioner of education shall assist the director in distributing requests for goods and services of persons with disabilities among approved agencies for the disabled.
II. If products or services are available for procurement from any department or agency of the state, and procurement therefrom is required by the provisions of any other section of this chapter or any other law, procurement of such products shall be made in accordance with such other provisions of law.
Source. 1985, 399:1. 1990, 140:3, eff. June 18, 1990. 2014, 327:20, eff. Aug. 2, 2014.
State Facility Energy Cost Reduction
Section 21-I:19-a
21-I:19-a Energy Efficient Measures; State Policy. –
I. It shall be the policy of the state of New Hampshire to prioritize public health and environmental quality, while maximizing economic benefits through the use of economical energy efficiency measures including, but not limited to, energy conservation, strategic electrification, fuel switching, cogeneration, renewable energy, and energy storage in the construction, renovation, operation, and maintenance of properties owned or leased by the state. Further, it shall be the policy of the state to encourage municipalities to incorporate such measures into their properties to the greatest extent possible.
II. The department of administrative services shall consider energy measures including, but not limited to, energy conservation, energy efficiency, strategic electrification, fuel switching, cogeneration, renewable energy, energy storage, and the energy life cycle costs as significant criteria in its construction, renovation, operation, and purchasing and leasing decisions.
Source. 1993, 74:1, eff. April 23, 1993. 2020, 37:53, eff. Sept. 27, 2020.
Section 21-I:19-b
21-I:19-b Definitions. –
In this subdivision:
I. "Cogeneration" means the simultaneous production of electric energy and other forms of useful energy, such as steam or heat, which are used for industrial, commercial, heating, or cooling purposes from a single fuel input.
II. "Date of project implementation" means the expected date established in the energy performance contract that the construction, improvement, repair, alteration, or betterment is to be completed and become operational. If the energy performance contract includes more than one energy cost saving measure, the "date of project implementation" may be alternatively defined by the contracting state agency or municipality to be the date that the last of the energy cost saving measures is expected to become operational.
III. "Demand response program" means a program under which the state receives payment for voluntarily reducing electricity demand in response to grid instability as dictated by the regional independent system operator or in response to high wholesale electricity prices.
IV. "Energy cost saving measure" means any construction, improvement, repair, alteration, or betterment of any building or facility or any equipment, fixture, or furnishing to be added to or used in any building or facility that will be a cost effective energy-related project. This shall include any project that will lower energy or utility costs in connection with the operation or maintenance of such building or facility and will achieve energy cost savings sufficient to recover any project costs or incurred debt service within 20 years from the date of project implementation.
V. "Energy performance contract" means an agreement for the provision of energy services or equipment or both. This shall include, but shall not be limited to, energy conservation-enhancing projects in buildings and alternate energy technologies, in which a private sector person or company agrees to finance, design, construct, install, maintain, operate, or manage energy systems or equipment to improve the energy efficiency of, or produce energy in connection with, a state government agency or facility in exchange for a portion of the energy cost savings or specified revenues. The level of payments made would be contingent upon measured energy cost savings or energy production.
VI. "Energy storage" refers to batteries, compressed air energy systems, heat storage, or any other technology, system, or device capable of capturing energy produced at one point in time and storing it as some contained form of energy that the technology, system, or device can release at a later time. Such term shall include standalone technologies, systems, and devices, as well as those co-located with or incorporated into a renewable energy source.
VII. "Fuel switching" means replacing an end-use technology such as a heating system with one that uses a different direct or indirect energy source to reduce energy costs, improve energy factor, reduce energy consumption, or lower greenhouse gas emissions.
VIII. "Positive cash flow financing" means an agreement among an agency, a capital leasing firm, and a provider of design-build energy management services under which the leasing cost of the project, including all interest payments, is equal to or less than the energy cost the project avoids.
IX. "Power purchase agreement (PPA)" means an agreement for the design, permitting, financing, installation, operation, and maintenance of a cogeneration or renewable energy system, including electric and thermal, on a host customer's property. The host customer agrees to purchase the system's energy output at an agreed upon price for a set time period.
X. "Renewable energy," for the purposes of this section, means wind energy; energy generated from eligible biomass fuel; geothermal energy, if the geothermal energy output is in the form of useful thermal energy; energy generated from hydrogen derived from biomass fuels or methane gas; ocean thermal, wave, current, or tidal energy; energy generated from methane gas; solar thermal or electric energy; or hydroelectric energy.
XI. "Shared-savings contract" means an agreement under which a private sector person or company undertakes to design, implement, install, operate, and maintain improvements to the agency's or municipality's procedures, equipment, or facilities, and the agency or municipality agrees to pay a contractually specified amount of measured or estimated energy cost savings.
XII. "Strategic electrification" means the replacement of combustion technologies, which utilize primary fuels including but not limited to biomass, oil, or natural gas, to electric powered measures in order to reduce energy costs, improve energy factor, reduce energy consumption, or lower greenhouse gas emissions.
Source. 1993, 74:1. 1999, 225:6. 2000, 276:5. 2008, 166:2, eff. July 1, 2008. 2012, 149:3, eff. Aug. 6, 2012. 2015, 276:9, eff. July 1, 2015. 2020, 37:54, eff. Sept. 27, 2020.
Section 21-I:19-c
21-I:19-c Repealed by 2010, 368:1(5), eff. Dec. 31, 2010. –
Section 21-I:19-d
21-I:19-d Energy Performance Contracting. –
I. Any state agency or municipality may enter into an energy performance contract for the purpose of undertaking or implementing energy measures including, but not limited to, energy conservation, energy efficiency, strategic electrification, fuel-switching, cogeneration, renewable energy, or energy storage. An energy performance contract may include, but shall not be limited to, options such as joint ventures, shared-savings contracts, positive cash flow financing, energy service contracts, power purchase agreements, or any combination thereof, provided that at the conclusion of the contract the agency will receive title to the energy system being financed, if the agency so desires.
II. Notwithstanding any law to the contrary relating to the award of public contracts, any agency desiring to enter into an energy performance contract shall do so in accordance with usual contracting procedures and the following provisions:
(a) The agency shall issue a public request for proposals, advertised in the same manner as other programs, concerning the provision of energy efficiency services or the design, installation, operation, and maintenance of energy equipment, or both. The request for proposals shall contain terms and conditions relating to submission of proposals, evaluation and selection of proposals, financial terms, legal responsibilities, and other matters as may be required by law and as the agency determines appropriate. A request for qualifications or a request for proposals shall not contain terms that require membership in or accreditation from a specific regional, national, or international association of energy services companies, or the use of proprietary equipment that is not generally available to energy services companies.
(b) Upon receiving responses to the request for proposals, the agency may select the most qualified proposal or proposals on the basis of the experience and qualifications of the proposals, the technical approach, the financial arrangements, the overall benefits to the agency, and other factors determined by the agency to be relevant and appropriate.
(c) Upon the approval by the governor and council, the agency may enter into an energy performance contract with the person or company whose proposal is selected as the most qualified based on the criteria established by the agency.
(d) The term of any energy performance contract entered into pursuant to this section shall not exceed 20 years from the date of project implementation.
(e) Any contract entered into shall contain the following annual allocation dependency clause: "The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the applicable funding authority. If that authority fails to appropriate sufficient funds to provide for the continuation of the contract, the contract shall terminate on the last day of the fiscal year for which allocations were made."
(f) Any energy performance contract shall require the state to recover all implementation costs within 20 years from the date of project implementation at existing energy prices. The contract shall require that the public utility or energy services provider be repaid only to the extent of energy cost savings guaranteed by the contractor to accrue over the term of the contract.
Source. 1993, 74:1. 1999, 225:7. 2000, 276:6, 7, eff. June 16, 2000. 2012, 149:1, 2, eff. Aug. 6, 2012. 2015, 276:10, 11, eff. July 1, 2015. 2020, 37:55-57, eff. Sept. 27, 2020. 2023, 143:1, eff. Aug. 29, 2023.
Section 21-I:19-e
21-I:19-e Energy Cost Savings Revert to General Fund. –
At the end of each biennium, 50 percent of the general funds remaining in an agency's energy costs budget shall revert to the state energy investment fund established in RSA 21-I:19-f. All remaining budgeted energy funds shall revert to the general fund.
Source. 1993, 74:1, eff. April 23, 1993. 2020, 37:59, eff. Sept. 27, 2020.
Section 21-I:19-f
21-I:19-f State Energy Investment Fund. –
There is hereby established a state energy investment fund into which shall be deposited moneys received by the state for participating in demand response, utility or public utility commission programs, energy cost savings distribution as defined in RSA 21-I:19-e, or the sale of renewable energy certificates, as defined by RSA 362-F:6, for state-owned renewable thermal and electricity projects. The state treasurer may invest moneys in the fund as provided by law, with interest received on such investment credited to the fund. Moneys in the fund shall be nonlapsing and continually appropriated to the division of plant and property to be used exclusively to fund energy efficiency or renewable energy projects and energy efficiency or renewable energy contracts; to reimburse the department of administrative services, division of public works design and construction, for costs of providing construction administration services including, but not limited to, design and oversight of design and construction of energy saving or renewable energy measures; and to reimburse state agencies for program expenses or completing energy saving or renewable energy measures.
Source. 2008, 166:3, eff. July 1, 2008. 2014, 327:21, eff. Aug. 2, 2014. 2017, 135:1, eff. Aug. 15, 2017. 2020, 37:60, eff. Sept. 27, 2020.
Section 21-I:19-ff
21-I:19-ff State Heating System Savings Account. –
There is hereby established the state heating system savings account for the transfer of unexpended state heating system appropriations due to reduced heating system costs resulting from the 26 state buildings served by the Concord Steam project authorized in 2017, 2. Notwithstanding RSA 21-I:19-e, at the end of each state fiscal year, the commissioner of administrative services shall identify the unexpended appropriations in the accounts and class lines for the 26 state buildings served by the replacement of the Concord Steam facility. The commissioner shall deposit such sums into the account established by this section. Funds in the state heating system savings account shall be nonlapsing and appropriated to the department of administrative services for the biennium ending June 30, 2021, and the fiscal year ending June 30, 2022 and may be used to pay principal and interest on bonds and notes issued to fund the capital project for the heating of state facilities located at the Governor Hugh J. Gallen state office park and state-owned buildings in downtown Concord.
Source. 2017, 156:135, eff. July 1, 2017. 2021, 91:2, eff. July 1, 2021.
Section 21-I:19-g
21-I:19-g Use of State-Owned Vehicles. –
I. The department of administrative services shall determine for each 2-year budget cycle the minimum number of miles required to justify retaining a state-owned vehicle referred to as the break-even mileage. The break-even miles shall take into account operational costs, depreciation, and mileage reimbursement rates for use of personal vehicles as follows:
(a) Break-even mileage shall be calculated by summing average fixed and annual operating costs then dividing by the Internal Revenue Service reimbursement rate.
(b) Fixed costs shall include the average purchase price minus the average resale price divided by the average useful life of the vehicle. Average annual operating costs shall include: oil changes, repairs, tires, gasoline, insurance, and other miscellaneous costs, if any.
II. The department of administrative services shall make this determination by September 1 of the first year of each biennium. The break-even mileage shall only apply to vehicles in service by an agency for an entire fiscal year.
III. If state-owned passenger vehicles are assigned to a state agency and such vehicles are not used for travel at or above the break-even mileage requirement during such year, the director of procurement and support services shall declare them surplus and transfer or otherwise dispose of such vehicle or vehicles. An agency may within 90 days after the end of the fiscal year apply to the fiscal committee of the general court to retain such vehicle or vehicles. If such agency presents a clear and convincing case for the continued assignment of a vehicle or vehicles to the agency, the fiscal committee may permit the agency to retain a vehicle or vehicles. In granting an agency the authority to retain such vehicle or vehicles, favorable consideration shall be given to the most fuel efficient use of the existing fleet. The director of procurement and support services shall either sell the vehicle or vehicles declared to be surplus, transfer them to a centralized state vehicle pool, or transfer them to any state agency having employees who travel more than the break-even mileage requirement as set by the department of administrative services and who are being reimbursed for travel in privately-owned vehicles. The term "agency" as used in this section includes a department, institution, board, division, and commission. The director of procurement and support services may develop measures to determine or improve fleet efficiency in addition to those set forth in this section. Such measures may be shared with the fiscal committee for their information and consideration.
III-a. In this section:
(a) "Light duty truck" shall mean any of the following which have a gross vehicle weight rating of up to 10,000 pounds: a passenger van seating up to 8 people, a pick-up truck, a sport utility vehicle, or a cargo van.
(b) "Passenger vehicle" shall mean a passenger sedan or station wagon.
III-b. The department of administrative services shall annually report to the fiscal committee of the general court all light duty trucks whose mileage is at or below the break-even mileage requirement during such year.
IV. All permanently assigned passenger vehicles shall be approved by the governor and council by September 30, 2009 or such vehicles shall be declared surplus and the director of plant and property management shall transfer the vehicle or vehicles to a centralized state vehicle pool.
V. The provisions of paragraph IV shall not apply to law enforcement vehicles with the exception of those vehicles assigned to staff personnel or to any vehicles acquired with 100 percent federal funds.
V-a. State employees shall accurately report to their agency payroll personnel all personal use of any state-owned motor vehicle of any type, including but not limited to any commuting miles. The agency shall annually report all personal use of state-owned vehicles in that agency, as well as such other information regarding vehicles and vehicle usage, to the department of administrative services as directed by the department.
VI. The state website shall provide an Internet link allowing state employees and the general public to report abuse of a state vehicle.
Source. 2009, 134:1. 2010, 72:1-4, eff. July 18, 2010. 2014, 327:22, eff. Aug. 2, 2014.
Disposal of State-Owned Vehicles Based on Nonbusiness Use
Section 21-I:19-h
21-I:19-h Disposal of State-Owned Vehicles Based on Nonbusiness Use. –
I. Each agency, as defined in RSA 21-G:5, III, shall report quarterly to the department of administrative services the total miles and total nonbusiness miles traveled by each state-owned motor vehicle, including, but not limited to, use of vehicles for commuting between an employee's home and regular place of business. This section shall not apply to vehicles used for the purposes of law enforcement. This section shall be interpreted so as not to conflict with federal Internal Revenue statutes or regulations and shall not relieve an agency or its employees from non-wage fringe benefit reporting requirements for nonbusiness use of state-owned motor vehicles.
II. By August 1, 2011, each agency shall review the utilization of all vehicles which are assigned to the agency to determine if nonbusiness use for any vehicle exceeds 15 percent of the total miles traveled by that vehicle for the preceding fiscal year. By August 1 of each year after 2011, each agency shall conduct the same review using the percentage of nonbusiness use miles adjusted by the vehicle utilization committee.
III. Each agency shall, by August 15, 2011, report to the commissioner in writing all vehicles which are determined to have nonbusiness use exceeding 15 percent of the total miles traveled by that vehicle for the preceding fiscal year. Each agency shall, by August 15 of each year after 2011, report to the commissioner in writing all vehicles which are determined to have nonbusiness use miles exceeding the percentage adjusted by the vehicle utilization committee.
IV. The commissioner shall, by October 1, 2011 and each October 1 thereafter, submit a report to the governor and council and to the fiscal committee of the general court identifying all vehicles which he or she has been advised have nonbusiness use exceeding the applicable percentage of total miles traveled by that vehicle for the preceding fiscal year.
V. For each vehicle reported under paragraph III, the director of the division of procurement and support services of the department of administrative services either shall declare the vehicle surplus and transfer or otherwise dispose of the vehicle or shall reassign the vehicle within the agency, unless a waiver of the requirements of this paragraph is granted by the vehicle utilization committee.
VI. Requests for waivers from the vehicle utilization committee shall be submitted to the commissioner at the same time as the report required by paragraph III. The vehicle utilization committee shall grant a waiver if it concludes that to do so would be in the best interests of the state.
VII. There is hereby established a vehicle utilization committee consisting of the following officials or designees:
(a) The commissioner of the department of administrative services.
(b) The director of the division of procurement and support services of the department of administrative services.
(c) The commissioner of the department of transportation.
(d) The commissioner of the department of safety.
(e) The commissioner of the department of environmental services.
VIII. After October 1, 2011, the vehicle utilization committee may, at any time, with the prior approval of the fiscal committee of the general court, adjust the percentage of nonbusiness use miles traveled by a vehicle during the preceding fiscal year which may result in a vehicle being declared surplus and subject to transfer or other disposal by the director of the division of procurement and support services. In the absence of any adjustment, the percentage shall be 15 percent. Any adjustment of the percentage made by the vehicle utilization committee shall be communicated to agencies by the vehicle utilization committee and shall remain in effect until further adjustment, if any, is made.
Source. 2010, 241:1, eff. July 1, 2010. 2014, 327:23, eff. Aug. 2, 2014.
Fleet Efficiency and Redistribution
Section 21-I:19-i
21-I:19-i Fleet Efficiency and Redistribution. –
I. The department of administrative services shall monitor, analyze, and evaluate the utilization of the state's motor vehicles by agencies and employees; develop methods and procedures to improve the efficiency of the state's motor vehicle fleet; oversee the analysis of data provided to it by agencies; make recommendations for improvement of fleet efficiency; develop recommendations for managing fleet size and efficiency; and make recommendations for purchases of motor vehicles and redistribution of vehicles in the state's fleet as necessary to achieve fleet efficiencies, taking into account agencies' purposes, objectives, and functions.
II. In this section:
(a) "Agency" means "agency" as defined by RSA 21-G:5, III.
(b) "Motor vehicle" means:
(1) A passenger sedan or station wagon; or
(2) Any of the following which has a gross vehicle weight rating of up to 10,000 pounds: a passenger van seating up to 8 people, a pickup truck, a sport utility vehicle, or a cargo van.
III. An agency shall not purchase or lease a motor vehicle without first obtaining the recommendation of the department of administrative services as provided in this section.
IV. In regard to motor vehicle purchases or leases, the department of administrative services shall assess whether the purchase or lease is in conformity with:
(a) The efficient and cost-effective utilization of the state's motor vehicle fleet as a whole.
(b) Any applicable rules or procedures of the department of administrative services, including but not limited to those relating to the alteration of fleet size and the acquisition of like or similar vehicles.
(c) The agency's budgetary authority.
(d) The provisions of any applicable executive orders or instructions of the governor and executive council.
(e) The laws, rules, or procedures relating to the procurement or the transaction at issue.
(f) Any other matter relating to whether the purchase or lease is in the best interests of the state.
V. In the course of conducting the assessment described in paragraph IV, the department of administrative services shall consult with a representative of the agency concerning the effective and efficient achievement of the agency's purposes, objectives, and functions. The department of administrative services may also consult with the vehicle utilization committee established under RSA 21-I:19-h, VII.
VI. Following the department of administrative services' assessment of the purchase or lease, the commissioner of administrative services shall consider the factors set forth in paragraph IV and determine whether, in his or her opinion, the purchase or lease should be recommended. If the commissioner recommends against the purchase, he or she shall convey his or her recommendation to the fiscal committee of the general court. If the fiscal committee, taking into account the factors set forth in paragraph IV, concludes that the purchase or lease is appropriate, the agency may make the purchase or lease. If the committee does not so conclude, the agency may not make the purchase or lease.
VII. Based upon fleet utilization studies or other analyses of an agency's fleet, and applying the factors and processes set forth in paragraphs IV through VI, the commissioner of administrative services may, at any time, recommend to the fiscal committee of the general court that any one or more motor vehicles in an agency's fleet be declared surplus, or that it be reassigned within the agency. If the committee concurs with the commissioner's recommendation, the director of the division of procurement and support services of the department of administrative services either shall declare the vehicle or vehicles surplus and transfer or otherwise dispose of the vehicle or vehicles or shall reassign the vehicle or vehicles within the agency.
Source. 2010, 241:1, eff. July 1, 2010. 2014, 327:24, eff. Aug. 2, 2014.
Section 21-I:19-j
21-I:19-j Agreements to Lease-Purchase Vehicles Authorized. –
Any agency, as defined in RSA 21-G:5, III, may, with the prior written approval of the department of administrative services, enter into an agreement to rent, lease, or lease-purchase vehicles from any outside vendor, or to rent or lease vehicles from any other state agency or department.
Source. 2017, 156:92, eff. July 1, 2017.
Certain State Contracts
Section 21-I:20
21-I:20 State Contracts; Withholding Percentage of Money Due. –
Under any contract made or awarded by a state agency which exceeds a total of $500,000 and on which a state agency withholds a percentage of the money due the contractor until the state agency has accepted the contract, the contractor may withdraw the whole or a portion of the amount retained under the following conditions:
I. A negotiable certificate of deposit, United States treasury notes, United States treasury certificates of indebtedness, United States treasury bills, or bonds or notes of the state of New Hampshire or of any political subdivision of the state of New Hampshire in an amount equivalent to the amount to be withdrawn shall be first deposited with the treasurer of the state of New Hampshire. The initial amount deposited shall be at least $10,000. No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or the par value of such securities, whichever is lower. The minimum value of any individual security shall be $5,000.
II. With prior notification to the contracting agency of the state and the state treasurer, the contractor shall be allowed to substitute securities for those deposited under paragraph I; provided that the market value of the new securities at the time of substitution or the par value of such securities, whichever is lower, shall be equal to or exceed the amount withheld by the state agency.
III. The state treasurer shall collect all interest or income when due on the obligations so deposited and shall pay the same, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the state treasurer shall deliver each coupon as it matures to the contractor. The state treasurer shall have the power to enter into a contract or agreement with any national bank, trust company or safe deposit company located in New England for custodial care and servicing of any securities deposited with him under this section. Such services shall consist of the safekeeping of the securities and of all services required to effect the purposes of this section.
IV. Any amount deducted by a state agency, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted, first from that portion of the retained payments for which no security has been substituted, then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after such amount has been deducted.
V. Any assignment of retained payments made by the contractor shall be honored by the state treasurer as part of the procedure to accomplish the substitution of securities under this section, provided that the assignment shall not be made without prior approval by the contracting state agency and the state treasurer. The assignment shall not impair the equitable rights of the contractor's surety in the retained payments, in the securities substituted for retained payments in the event of the contractor's default in the performance of the contract, or in the payment of labor and material bills or other obligations covered by the surety's bond.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:21
21-I:21 Rulemaking of State Treasurer. –
The state treasurer may adopt rules, pursuant to RSA 541-A, relative to the substitution of securities for the amount retained on state contracts.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:22
21-I:22 Selection of Engineers, Architects, and Surveyors. –
I. As used in this section:
(a) "Agency" means any executive department, commission, board, institution, bureau, office, or other agency of state government, by whatever name called, that uses, disburses, expends, or receives any state funds, but excluding the university system of New Hampshire.
(b) "Engineering, architectural, and surveying services" includes those professional services of an engineering, architectural or surveying nature, as well as incidental services that members of these professions and those in their employ may logically and justifiably perform.
(c) "Members of these professions" means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice in this state the professions of engineering, architecture, or surveying.
II. The general court hereby declares that it shall be the policy of the state and its agencies to negotiate contracts for engineering, architectural, and surveying services on the basis of demonstrated competence and qualifications for the type of professional services required, and at fair and reasonable prices.
III. All state agencies, when seeking professional services, shall publish a request for proposals or, when a definite scope of work is not yet defined, a request for qualifications for each project for which engineering, architectural, or surveying services are to be procured.
IV. Each agency engaging these professional services shall prepare a description of its procedures for procurement of architectural, engineering or surveying services. These descriptions shall be distributed to interested professionals subject to the provisions of this section. The agency, for each proposed project, shall publish a request for qualifications (RFQ) or request for proposals (RFP) and shall review and consider the qualifications after receiving qualifications or proposals. The agency shall then establish a short list of not less than 3 firms. The agency shall, for purposes of negotiation, arrange the firms deemed to be best qualified in order of preference as determined in accordance with the prescribed procedures of the agency. An interview may be held with the short list firms or, in the case of selection based on an RFQ and where the scope of work has been further defined, detailed technical proposals may be requested.
V. The agency shall negotiate a contract with the highest qualified firm for architectural, engineering, or surveying services at compensation which the agency determines is fair and reasonable to the state. In making such determination, the agency shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered.
VI. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to the state, negotiations with that firm should be formally terminated. The agency should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency should terminate negotiations. The agency should then undertake negotiations with the third most qualified firm.
VII. Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
VIII. Once negotiations have been completed and the agency has had its contract approved by the governor and council, all proposals submitted for a project shall become available for public review.
Source. 1985, 399:1. 1992, 127:1, eff. June 30, 1992.
Purchases and Quotes
Section 21-I:22-a
21-I:22-a Request for Purchases and Request for Quotes. –
Notwithstanding the provisions of RSA 21-I:18, every request for purchases (RFP), request for quotes (RFQ) or other procurement which is greater than $35,000 that is undertaken by the state or by a state agency as defined in RSA 21-I:11, II(b), including those agencies referenced in RSA 21-I:18, shall contain within the body of the document the objective criteria by which each submission will be reviewed, if there are particular requirements that will receive more weight in the review of the submission, and the standards upon which any award will be based.
Source. 1995, 266:1, eff. Aug. 18, 1995. 2014, 327:25, eff. Aug. 2, 2014.
Section 21-I:22-b
21-I:22-b Awards. –
Notwithstanding the provisions of RSA 21-I:18, awards which are made by the state or by a state agency as defined in RSA 21-I:11, II(b), including those agencies referenced in RSA 21-I:18, under this subdivision shall not be made on criteria that are unknown to the parties submitting bids or proposals. Nothing in this subdivision shall prevent the state or a state agency as defined in RSA 21-I:11, II(b), including those agencies referenced in RSA 21-I:18, from making judgments on the capabilities of vendors to complete the work requested if this option is clearly stated in the body of the document and if used as the reason for the award, is so stated.
Source. 1995, 266:1, eff. Aug. 18, 1995. 2014, 327:26, eff. Aug. 2, 2014.
State Contracts for Consultants
Section 21-I:22-c
21-I:22-c State Contracts for Consultants and Consulting Services. –
Notwithstanding the provisions of RSA 21-I:18, every request for consulting services by the state or by a state agency as defined in RSA 21-I:11, II(b), including those agencies referenced in RSA 21-I:18, which would cost more than $35,000 shall contain the particular requirements of the project contemplated in a statement of work to be accomplished. Each statement of work to be accomplished shall be written using objective project standards and shall not contain criteria that are consultant specific. Every request for consulting services which would cost more than $35,000 shall be written to encourage participation by various suppliers. If there are particular requirements that will receive more weight in the review of the submission, these must be so stated.
Source. 1996, 118:1, eff. July 14, 1996. 2014, 327:27, eff. Aug. 2, 2014.
Section 21-I:22-d
21-I:22-d Awards. –
Notwithstanding the provisions of RSA 21-I:18, awards which are made by any branch of state government or by a state agency as defined in RSA 21-I:11, II(b), including those agencies referenced in RSA 21-I:18, under this subdivision shall be based on criteria that are published in the request for proposal and are known to all the parties responding. Nothing in this subdivision shall prevent the state or a state agency as defined in RSA 21-I:11, II(b), including those agencies referenced in RSA 21-I:18, from making judgments on the capabilities of consultants to complete the work requested if this option is clearly stated in the body of the document and, if used as the reason for the award, is so stated.
Source. 1996, 118:1, eff. July 14, 1996. 2014, 327:28, eff. Aug. 2, 2014.
Workers' Compensation Commission for State Employees
Section 21-I:23
21-I:23 Repealed by 1995, 297:2, II, eff. Aug. 20, 1995. –
Section 21-I:24
21-I:24 Authority for Payment. –
I. The commissioner of administrative services, through the department's division of risk and benefits, is hereby authorized to pay such sum or sums as may be awarded under the provisions of RSA 281-A, and the expense of insurance and third party administrator services providing managed care programs authorized by RSA 281-A:23-a and similar services directly related to the provision and monitoring of workers' compensation benefits payable to state employees.
II. If the injured claimant was employed in a department or agency which has received a legislative appropriation for this purpose, the commissioner of administrative services shall charge said sum or sums to the legislative appropriation. In the event there are not sufficient funds appropriated to the commissioner of administrative services to make payments hereunder, the governor upon request of the commissioner of administrative services is authorized to draw his warrant for such sums from any money in the treasury not otherwise appropriated; provided that payments made to employees paid from the highway fund shall be a charge upon said highway fund, that payments made to employees paid from the fish and game fund shall be a charge upon said fish and game fund, that payments made to employees paid from special funds shall be a charge upon said special funds, and that payments made to employees paid from other funds shall be a charge upon the general fund.
III. If federal regulations prohibit the direct assessment of payments made pursuant to RSA 21-I:24, I from otherwise applicable federal funds, said payments shall be a charge against the general fund in the first instance, but the commissioner of administrative services shall seek recovery of these payments in such amount and under such conditions as the federal regulations applicable to each affected agency may prescribe.
IV. If managed care program expenses, or other expenses directly related to the provision and monitoring of workers' compensation benefits payable to state employees, are procured by the payment of a group insurance premium or third party administrator services, the commissioner of administrative services shall charge state agencies the cost of such general expenses in proportion to the number of agency employees who receive the services in question in the manner provided by RSA 21-I:24, II.
Source. 1985, 399:1. 1994, 158:18, eff. May 23, 1994. 2017, 193:7, 8, eff. Aug. 29, 2017. 2019, 346:13, eff. July 1, 2019.
Section 21-I:25
21-I:25 Repealed by 1994, 158:24, I, eff. May 23, 1994. –
Section 21-I:25-a
21-I:25-a Procurement of Managed Care and Other Risk-Shifting Services. –
By following the procedures of RSA 21-I:28, the commissioner of administrative services, through the department's division of risk and benefits, and after consultation with the governor and council, may contract for or purchase insurance or third party administrator services providing managed care program services and similar services directly related to the provision and monitoring of workers' compensation benefits payable to state employees.
Source. 1994, 158:19. 1995, 297:1, eff. Aug. 20, 1995. 2017, 193:9, eff. Aug. 29, 2017. 2019, 346:14, eff. July 1, 2019.
State Employees Group Insurance
Section 21-I:26
21-I:26 Purpose and Policy. –
This subdivision is to provide permanent group life insurance and group hospitalization, hospital medical care, surgical care and other medical and surgical benefits for New Hampshire state employees and their families, and retired state employees and their spouses. This subdivision may also provide access to such benefits, except permanent group life insurance, for employees of the university system of New Hampshire and the community college system of New Hampshire. In view of the accepted value of group insurance to the well-being and efficiency of employees on the part of small and large private employers and the other 5 New England states in obtaining benefits of this type of insurance for their employees, the state of New Hampshire implements this subdivision in order that the state shall compare favorably to the standards now commonly accepted by private employers and the state employees in the other 5 New England states by making available to state employees and their families and retired state employees and their spouses permanent group life insurance and group hospitalization, hospital medical care, surgical care and other medical and surgical insurance benefits.
Source. 1985, 399:1, eff. July 1, 1985. 2018, 6:2, eff. May 20, 2018.
Section 21-I:26-a
21-I:26-a Excise Tax; Patient Protection and Affordable Care Act. –
The state shall not provide any health insurance plan to state employees subject to the excise tax on high cost employer-sponsored health coverage under the Patient Protection and Affordable Care Act of 2009, Public Law 111-148, as amended.
Source. 2015, 276:188, eff. Nov. 15, 2015.
Section 21-I:27
21-I:27 Administration. –
I. Administration of the state employees permanent group life and state employees and retirees group hospitalization, hospital medical care, surgical care and other medical and surgical insurance benefits shall be the responsibility of the commissioner of administrative services.
II. The commissioner may administer the health benefits of the employees of the State Employees' Association of New Hampshire, Inc., SEIU, Local 1984, and certain retirees of the Association who were in the plan as of July 1, 2013, as set forth in this subdivision until such time as the commissioner concludes that the inclusion of the State Employees' Association employees and certain retirees does not serve the interests of the state employees and the state of New Hampshire. The State Employees' Association shall timely pay to the department of administrative services the cost of the premium for its participating employees and retirees in the plan.
Source. 1985, 399:1. 2006, 207:1. 2007, 263:125, eff. July 1, 2007. 2014, 318:1, eff. Sept. 30, 2014. 2018, 6:1, eff. May 20, 2018.
Section 21-I:28
21-I:28 Contract. –
The commissioner of administrative services shall be authorized to enter into permanent group life insurance contracts with an insurance company or companies, or other group licensed to do business in the state of New Hampshire. The commissioner of administrative services shall be authorized to enter into group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits contracts with an insurance company or companies, third party administrators, or any organization necessary to administer and provide a health plan under the provisions of this subdivision. The commissioner of administrative services, shall administer contracts entered into to provide the health plan, and the coverage under the health plan, in order to determine which of various contracts would best serve the interests of the state employees and comply with the terms of the collective bargaining agreement.
Source. 1985, 399:1. 2001, 251:1. 2006, 207:2, eff. July 30, 2006.
Section 21-I:28-a
21-I:28-a Repealed by 2010, 368:1(6), eff. Dec. 31, 2010. –
Section 21-I:29
21-I:29 Permanent Group Life Insurance. –
The state shall provide a permanent life insurance, accidental death and dismemberment group plan for all permanent state employees. The permanent group life insurance program shall provide for a $1,000 face value death benefit with a paid up value upon retirement or leaving state service. The state shall pay the term portion of the life insurance premium and the state employees shall pay for the permanent portion of the life insurance premium on payroll deduction.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:29-a
21-I:29-a Death Benefit for Employees Killed in Line of Duty. –
I. In this section:
(a) "Adult child" means a child, whether by blood or adoption, of the police officer, firefighter, emergency medical technician, rescue squad member, or public works employee, age 18 or older at the time of death of such police officer, firefighter, emergency medical technician, rescue squad member, or public works employee, and who does not meet the definition of a dependent child.
(b) "Dependent child" means a child, whether by blood or adoption, of the police officer, firefighter, emergency medical technician, rescue squad member, or public works employee who:
(1) Is under the age of 25 and was dependent on the earnings of the police officer, firefighter, emergency medical technician, rescue squad member, or public works employee at the time of death. For the purposes of this subparagraph, a child is not considered dependent if the child provides more than half of his or her own support, is married, or is legally adopted by another; or
(2) Is any age and is physically or mentally incapacitated and was dependent on the earnings of the police officer, firefighter, emergency medical technician, rescue squad member, or public works employee at the time of death.
(c) "Family" means the surviving spouse of the police officer, firefighter, emergency medical technician, rescue squad member, or public works employee who was wholly or partially dependent, in fact, upon the earnings of the police officer, firefighter, emergency medical technician, rescue squad member, or public works employee or, if there is no surviving spouse, the surviving dependent child or dependent children, of such police officer, firefighter, emergency medical technician, rescue squad member, or public works employee or, if there is no surviving dependent child, a surviving person qualifying as a common-law spouse pursuant to RSA 457:39, or if there is no surviving common-law spouse, the surviving adult child or adult children, or if there is no surviving adult child or adult children, the surviving parent or parents of such police officer, firefighter, emergency medical technician, rescue squad member, or public works employee.
(d) "Emergency medical technician" means all levels of emergency medical technician, including emergency medical responders, emergency medical technicians, advanced emergency medical technicians, and paramedics, whether auxiliary, intermittent, special, part-time, volunteer, call, or reserve, who is employed by a city, town, village district, or precinct within the state of New Hampshire, or any emergency medical technician who is a volunteer for or employed by a nonprofit corporation in New Hampshire, or any emergency medical technician employed by a New Hampshire licensed private ambulance service while in the performance of emergency medical services pursuant to RSA 153-A:2, VI either under contract or agreement with a city, town, village, or precinct.
(e) "Firefighter" means any firefighter, including auxiliary, intermittent, special, part-time, volunteer, call, or reserve firefighters who are employed by a city, town, village district, or precinct within the state of New Hampshire, any firefighter employed by the state of New Hampshire, or any firefighter who is a volunteer for or employed by a non-profit corporation which is the primary provider of fire protection for all or part of a New Hampshire municipality.
(f) "Killed in the line of duty" means a death, including suicide, of a police officer, firefighter, emergency medical technician, rescue squad member, or public works employee while in the performance of his or her duties as a result of incident, accident, or violence causing death or injuries which are the direct or proximate cause of death. Death by suicide shall be considered a work related cause of death. "Incident" shall include any death that is determined to be occupationally related by the worker's compensation insurance carrier, a self-insured worker's compensation plan, or by the labor commissioner for workers' compensation purposes pursuant to RSA 281-A.
(g) "Police officer" means:
(1) Any law enforcement officer with the power of arrest, including auxiliary, intermittent, special, part-time, or reserve police officers, or sheriffs and their deputies who are employed by a city, town, village district, county, or precinct within the state of New Hampshire.
(2) Police officers employed by the university system of New Hampshire.
(3) Court security officers and bailiffs.
(4) Correctional officers, probation-parole officers, and correctional line personnel meeting the definition of permanent policemen under RSA 100-A:1, VII.
(5) Any state law enforcement officer employed by the state of New Hampshire who has power of arrest as determined by state law.
(h) "Public works employee" means any municipal or state public works or highway employee who has the responsibility to work in hazardous locations, or as a first responder, or in conjunction with emergency first responders in construction zones, highway traffic areas, and other locations where the public works or highway employee is exposed to risk of injury or fatality from construction hazards, highway traffic volume and speed, nighttime responses, environmental issues, weather, or other hazardous conditions.
(i) "Rescue squad member" means any member of a rescue squad formed for the purposes of responding to a state of emergency as declared by the governor or as part of a search and rescue effort under the supervision of the fish and game department to recover a lost person.
II. In addition to any other benefits provided under this chapter, the state treasurer shall pay a $100,000 death benefit to the family of a police officer, firefighter, emergency medical technician, rescue squad member, or public works employee killed in the line of duty. Payment to a dependent child under the age of 18 shall be made to the child's trustee for the benefit of the child. The governor, with the consent of the executive council, is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
III. The commissioner of safety, upon notice from the family or chief of department of any firefighter, police officer, emergency medical technician, rescue squad member, or public works employee who may be entitled to a line-of-duty death benefit or upon the commissioner's own initiative, shall obtain the available records related to the circumstances, cause, and manner of such death and the decedent's status as a firefighter, police officer, emergency medical technician, rescue squad member, or public works employee may cause further inquiry to be made, and shall make a determination of whether the death qualifies as a line-of-duty death and who is entitled to the death benefit. The determination shall be made within 180 days of the determination of the cause and manner of death by the office of the chief medical examiner, or within 180 days from the date the commissioner received notice from the family or chief of department of the firefighter, police officer, emergency medical technician, rescue squad member, or public works employee whichever is later. For deaths that are not reviewed by the office of the chief medical examiner, the determination shall be made within 180 days of a determination that the decedent qualifies for a workers' compensation death benefit by a worker's compensation carrier, self-insured worker's compensation plan, or the labor commissioner pursuant to RSA 281-A, or within 180 days from the date the commissioner received notice from the family or chief of department of the firefighter, police officer, emergency medical technician, rescue squad member, or public works employee whichever is later.
(a) Solely for the purposes of making this determination and notwithstanding any other law to the contrary, the commissioner of safety may obtain any records held by any state or municipal official regarding the circumstances, cause, or manner of the death and who is entitled to the death benefit.
(b) The commissioner of safety may consult with the office of the chief medical examiner and the labor commissioner, and may disclose to either any information or records obtained in the course of his or her inquiry.
(c) Any records held by the commissioner of safety pursuant to this section shall not be subject to the right-to-know law, RSA 91-A and shall not be subject to disclosure in any civil action. Upon request of the decedent's family any medical records or other records which otherwise are non-public may be destroyed following the vote by the governor and executive council to authorize payment of a line-of-duty death benefit or, in the case of a denial, following the expiration of the appeal period.
(d) If the commissioner of safety determines that the death is not a qualified line-of-duty death, he or she shall cause the decedent's family to be notified. The family may appeal the determination within 180 days of the date of the notification by notifying the commissioner of safety in writing. In the event of an appeal for a firefighter, the attorney general shall appoint an appeal hearing panel consisting of one medical doctor, one member appointed by the New Hampshire Association of Fire Chiefs, one member appointed by the professional association that the decedent belonged to, and 2 citizens who are not associated with the professions of police officer or firefighter, at least one of whom is a attorney admitted to practice in New Hampshire. In the event of an appeal for a law enforcement officer, the attorney general shall appoint an appeal hearing panel consisting of one medical doctor, one member appointed by the appropriate professional association for management of the decedent's branch of law enforcement, one member appointed by the appropriate professional association for the decedent's branch of law enforcement, and 2 citizens who are not associated with the professions of law enforcement or firefighter, at least one of whom is an attorney admitted to practice in New Hampshire. Where no professional association exists for the branch for which the decedent worked, the attorney general shall select the panel member from among the management or members of the branch for which the decedent worked as is necessary to fill either the professional association management or member position on the panel. The commissioner of safety shall forward to the appeal panel all the information that he or she considered in reaching the determination. Upon request of the family, the appeal hearing shall be exempt from the right-to-know law, RSA 91-A. Hearings shall be conducted in conformance with RSA 541-A and the department of justice Jus 800 administrative procedural rules. The appeal hearing panel shall review the evidence de novo, may receive additional evidence from the family or others, and shall determine by a preponderance of the evidence whether the decedent's death was a qualified line-of-duty death.
(e) If the commissioner of safety or the appeal hearing panel determines by a preponderance of the evidence that the death is a qualified line-of-duty death, the commissioner shall submit an item to the governor seeking approval of payment of the benefit.
III-a. Neither the state nor its agencies or employees shall be civilly liable for any improper payment of the line-of-duty death benefit as provided in this section.
IV. This section shall be known as "Michael's Law" in honor of Manchester Police Officer Michael Briggs who was shot while on duty.
Source. 2007, 243:2; 291:1. 2008, 382:1, eff. July 11, 2008. 2012, 195:1-3, eff. June 11, 2012. 2016, 298:1, 2, eff. June 21, 2016. 2018, 54:1, eff. July 14, 2018. 2019, 325:1, 2, eff. Oct. 15, 2019. 2021, 4:1, 2, eff. Apr. 23, 2021. 2022, 102:1, eff. July 1, 2022; 182:1, eff. Aug. 14, 2022; 320:2, eff. Sept. 6, 2022.
Section 21-I:30
21-I:30 Medical and Surgical Benefits. –
I. [Repealed.]
I-a. Nothing in this section shall prohibit the state or state employees from making contributions to post-retirement medical savings plans for such employees, if authorized by a collective bargaining agreement, but only for the term of such agreement.
II. The state shall pay a premium or partial premium for each Medicare-eligible retired employee, as defined in paragraphs VI and VII of this section, and his or her spouse for their lifetimes, toward group hospitalization, hospital medical care, surgical care and other medical benefits plan or a self-funded alternative within the limits of the funds appropriated at each legislative session and providing any change in plan is approved by the fiscal committee of the general court, after a duly noticed public hearing on any proposed changes to the plan is held before the fiscal committee, prior to its adoption. Retired employees who are eligible for Medicare may voluntarily cease participation in plan benefits at any time and may reenroll without restriction.
II-a. Retired employees who are eligible for Medicare Part A without premium due to age or disability shall provide proof of enrollment in Medicare Parts A and B within 30 days of becoming eligible for Medicare or they shall no longer be eligible to participate in the state retiree benefit plan for as long as they are not participating in Medicare Parts A and B.
III. The state shall pay a partial premium for each retired employee, as defined in paragraphs VI and VII, who is not eligible for Medicare and for his or her spouse for their lifetimes, toward group health care coverage within the limits of the funds appropriated at each legislative session and providing any change in plan is approved by the fiscal committee of the general court prior to its adoption. Pursuant to paragraph XIII, a portion of the premium shall be paid by each retiree and his or her spouse. Retired employees who are not eligible for Medicare may voluntarily cease participation in plan benefits at any time and, not less than one year from the date of withdrawal, may reenroll without restriction.
IV. Fully dependent minor children, children between the ages of 19 through 25 if full-time students, and any certifiably dependent child with a disability who is institutionalized or living in the household and being cared for by the qualified retired member, the member's spouse, or the qualified surviving spouse, and whose certificate is on file, shall be eligible for this plan on payment of a premium as long as they are eligible for the plan benefit per the foregoing requirements. The amount of the premium shall be the full cost of the plan benefits as determined by the department of administrative services. Participants may voluntarily cease participation in plan benefits at any time.
V. (a) Retirees shall be responsible for verification of eligibility by standard acceptable documentation determined by the department of administrative services. Verification documentation, if necessary, shall be submitted prior to the effective date of coverage. Failure to file subsequent changes in eligibility within 60 days of occurrence may result in the permanent cessation of plan benefits.
(b) If an unmarried retiree marries after retirement, the benefit plan shall be extended to the new spouse. Notwithstanding paragraph II, if a married retiree divorces after retirement, the divorced spouse shall no longer be eligible to participate in the benefit plan but shall be offered a federal COBRA benefit option.
(c) No retired employee or active employee may be enrolled in the retiree benefit plan under this section if otherwise enrolled in an active state employee benefit plan sponsored by the state.
VI. For the purposes of this section, "retired employee" means each group I state employee who:
(a)(1) 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 prior to July 1, 2011, and who also is at least 60 years of age at the time of retirement; or
(2) Has at least 20 years of creditable service if the employee's service began on or after July 1, 2011, and who also is at least 60 years of age at the time of retirement, provided the employee shall not be eligible to receive benefits under this section until attaining 65 years of age; or
(b) Has at least 30 years of creditable service for the state at the time of retirement if the employee's service began prior to July 1, 2011, regardless of the employee's age; or
(c) Is but for the provisions of 1989, 376:10, otherwise eligible to receive medical and surgical benefits under this section notwithstanding subparagraphs (a) and (b), and paragraph IV, on June 30, 1989, and who retires between July 1, 1989, and June 30, 1994; or
(d) Dies or retires and is eligible for accidental death or accidental disability retirement benefits, regardless of the state employee's age or number of years of creditable service; or
(e) Retires and is eligible for ordinary disability retirement benefits, regardless of the state employee's age; or
(f) Dies and is eligible for ordinary death retirement benefits, if the state employee was eligible for service retirement at the time of his or her death, if the state employee had 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.
VII. For the purposes of this section, "retired employee" also means each group II state employee who:
(a) Retires if the employee's state service began prior to July 1, 2010 or who retires with at least 20 years of creditable service for the state if the employee's state service began on or after July 1, 2010; or
(b) Dies or retires and is eligible for accidental death or accidental disability retirement benefits, regardless of the state employee's age or number of years of creditable service; or
(c) Retires and is eligible for ordinary disability retirement benefits, regardless of the state employee's age; or
(d) Dies and is eligible for ordinary death retirement benefits, if the state employee was eligible for service retirement at the time of his or her death, if the state employee had at least 20 years of creditable service for the state if the employee's state service began on or after July 1, 2010.
VIII. 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 to be eligible. If the vested deferred state retiree is a member of group II who is in vested status before January 1, 2012, 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, and any group II member who commenced service on or after July 1, 2011 shall not be eligible until 25 years from the date of becoming a member of group II and shall be at least 52.5 years of age, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in RSA 100-A:5, II(d).
IX. Each state employee who 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 prior to July 1, 2011, and who elects to take a reduced service retirement allowance shall be defined as a "retired employee" for the purposes of being eligible to receive medical and surgical benefits under this section when the state employee reaches age 60.
X. No state employee who terminates his or her state service before he or she becomes eligible for retirement benefits as a "retired employee" as defined under paragraphs VI-IX shall be eligible for medical and surgical benefits under this section.
XI. A state employee who commences service on or after July 1, 2011 and who is eligible for benefits under this section shall not receive such benefit until attaining age 52.5 if the state employee retired from group II service with the state or attaining age 65 if the state employee retired from group I service with the state.
XII. As of January 2, 2012, the commissioner of administrative services is authorized to utilize managed care and/or cost containment techniques for the state of New Hampshire retiree health care program through the underlying insurer and any additional specialized managed care or cost containment vendors as necessary. The commissioner may offer financial incentives to encourage the use of lower cost facilities, providers, and services, if the financial incentives are proportionately lower than the savings generated. In addition, the commissioner may offer financial incentives to encourage the use of alternative therapies, treatments, services, providers, and facilities that demonstrate better outcomes including, but not limited to lower complication rates, lower readmission rates, lower rejection rates, lower mortality and morbidity rates, or lower infection rates based on widely and generally accepted measures of such performance.
XIII. (a) The commissioner of administrative services shall invoice and collect from retired state employees and/or each applicable spouse who are not Medicare eligible and receiving medical and surgical benefits provided under this section, who do not receive a retirement allowance as defined in RSA 100-A:1, XXII, a premium contribution amount based on a percentage of the total monthly premium attributable to the applicable retiree and/or spouse, as determined by the commissioner of administrative services, with prior approval by the fiscal committee of the general court, provided the percentage is not lower than 20 percent.
(b) The commissioner of administrative services shall invoice and collect from retired state employees and/or spouses who are eligible for Medicare Parts A and B due to age or disability receiving medical and surgical benefits provided under this section, who do not receive a retirement allowance as defined in RSA 100-A:1, XXII, a premium contribution amount based on a percentage of the total monthly premium attributable to the applicable retiree and/or spouse, as determined by the commissioner of administrative services, with prior approval by the fiscal committee of the general court, provided the percentage is not lower than 10 percent. Such premium contribution shall only be collected from eligible state retirees and spouses with a date of birth on or after January 1, 1949.
(c) The commissioner of administrative services is also authorized to invoice and collect from such other participants contribution amounts as specified by law.
(d) 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 from the beginning of the billing period. If a participant fails to remit payment in full on or before the invoice due date, the participant shall be notified by mail that his or her benefits shall be terminated effective the first day of the billing period. The retiree and his or her dependents may reenroll in the plan with new coverage effective the first of the month following successful completion of reenrollment forms.
XIV. The department of administrative services shall provide a summary of the provisions of this section for inclusion in any pre- or post-retirement counseling, whether verbal or written.
XV. Funds appropriated for the purposes of this section shall not be transferred or used for any other purpose and shall be nonlapsing.
XVI. The New Hampshire retiree health care program shall not pay for any medications that are available for purchase without a prescription.
XVII. The cost sharing and plan design for unrepresented active state employees who participate in the health plans offered by the state shall be the same as those for individuals covered by the collective bargaining agreement between the state of New Hampshire and the State Employees' Association of New Hampshire, Inc. Changes to the above plan design cost sharing provisions consistent with RSA 21-I:30, I are permitted with the prior approval of the fiscal committee of the general court. The cost sharing and plan designs for represented active state employees who participate in the health plans offered by the state shall be in accordance with the provisions of the collective bargaining agreements between the state and the employee organizations representing those employees.
XVIII. Agencies may use funds in existing class 60 budgets to pay any penalties imposed under the employer shared responsibility for health coverage under section 4980H of the Internal Revenue Code.
Source. 1985, 399:1. 1990, 209:1. 1991, 355:4. 1993, 276:1, 2; 358:86. 2001, 251:2. 2003, 291:1. 2010, 104:1. 2011, 224:165, 345, eff. July 1, 2011; 242:1, eff. July 1, 2011 at 12:01 a.m. 2012, 175:1, eff. July 1, 2012; 215:2, eff. Aug. 12, 2012. 2015, 276:12-14, 181, eff. July 1, 2015. 2016, 123:1, eff. July 19, 2016. 2017, 77:1, eff. June 2, 2017; 156:6, 7, eff. Jan. 1, 2018; 156:11, eff. July 1, 2017. 2021, 91:9, eff. July 1, 2021. 2022, 94:1, 2, eff. July 19, 2022. 2023, 79:162, eff. July 1, 2023; 207:23, VII, eff. Oct. 3, 2023.
Section 21-I:30-a
21-I:30-a Additional Medical and Surgical Benefits. –
I. The state shall pay a premium for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits for the surviving spouse and dependent children of a deceased group I or group II state employee or retirement system member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:
(a) Any such child shall qualify as a dependent under the provisions of RSA 21-I:26-36 and be under 18 years of age, or if a full-time student, be under 26 years of age.
(b) Any such surviving spouse shall cease to be qualified for medical and surgical benefits under this section upon the remarriage of the surviving spouse.
(c) No surviving spouse or dependent children shall be qualified or continue to be qualified for medical and surgical benefits under this section while receiving medical insurance or health care benefits from any other employer-sponsored plan.
(d) The state shall pay the premium for supplemental medical and surgical benefits under this section for any such child who qualifies as a dependent under the provisions of RSA 21-I:26-36 and who is eligible for medicare benefits.
II. In the case of the surviving spouse and dependent children of a group I or group II state employee or retirement system member who are eligible for medical and surgical benefits under this section and also under the provisions of RSA 100-A:50-55, the state shall pay the difference between the amount paid under RSA 100-A:52 and the premium paid under paragraph I.
III. The additional benefits provided under this section shall be available to the surviving spouse and dependent children of a full-time employee of the state, an agency of the state, or any political subdivision of the state adopting the provisions of RSA 100-A, including full-time elected or appointed officers.
IV. The additional benefits provided under this section shall not be available to any employee, teacher, police officer, or firefighter of a political subdivision of the state if the political subdivision belongs to an organization or association that offers, through the organization or association or its affiliate, insurance coverage with the exception of insurance coverage required to be offered by the Consolidated Omnibus Budget Reconciliation Act (COBRA).
V. Funding to pay the premium for benefits under this section shall come from the benefit adjustment account.
Source. 1995, 279:2. 1998, 233:1, eff. Aug. 23, 1998. 2017, 77:2, eff. June 2, 2017.
Section 21-I:30-b
21-I:30-b Restrictions on Self-Insured Plans. –
The following restrictions apply to self-insured group health plans administered under this subdivision:
I. To the extent that the state assumes the risk with respect to the medical and surgical benefits provided under RSA 21-I:30, the state shall maintain a reserve at least equal to the sum of:
(a) Three percent of estimated annual claims and administrative costs of the health plan; and
(b) The amount determined annually by a qualified actuary to be necessary to fund the unpaid portion of ultimate expected losses, including incurred but not reported claims, and related expenses incurred in the provision of benefits for eligible participants, less any credit, as determined by a qualified actuary, for excess or stop-loss insurance. The reserve amount shall be maintained in the fund established under RSA 21-I:30-c. If the state self-insures for more than one employee group plan, a reserve meeting the requirements of this paragraph must be maintained for each plan.
II. The state may purchase excess or stop-loss insurance for any plan, with attachment levels and limits as recommended by a qualified actuary.
III. For the purposes of this section, "qualified actuary" shall mean an actuary who is a member of the American Academy of Actuaries qualified as to health reserving methodologies.
IV. The total amount required to be maintained in reserve pursuant to this section may be met within a reasonable period of time after the establishment of a reserve fund under RSA 21-I:30-c. The commissioner of administrative services shall ensure that during the time the state is working toward meeting the required reserves the state is able to pay the risk assumed in administering a self-insured group health plan.
Source. 2001, 251:3. 2003, 319:169. 2005, 177:62. 2009, 144:66, eff. July 1, 2009. 2015, 276:164, eff. July 1, 2015.
Section 21-I:30-c
21-I:30-c Reserve Fund. –
In the event that the medical and surgical benefits under RSA 21-I:30 are provided using a self-funded alternative, a reserve fund shall be established to protect the state from unexpected losses and self-insured losses and related expenses incurred in the provision of such a plan. Such reserve fund shall be administered by the commissioner of administrative services and shall be nonlapsing.
Source. 2001, 251:3, eff. Sept. 11, 2001.
Section 21-I:30-d
21-I:30-d Repealed by 2006, 207:4, eff. July 30, 2006. –
Section 21-I:30-e
21-I:30-e Employee and Retiree Benefit Risk Management Fund. –
I. There is hereby established the employee and retiree benefit risk management fund, which shall be administered by the department of administrative services. The fund shall be nonlapsing and continually appropriated to the department of administrative services.
II. All funds accumulated from any source for active state employee health benefits shall be accounted for in the fund established in paragraph I. The fund shall be used to pay for active state employee health care expenses and any administrative costs related thereto pursuant to RSA 21-I:30, RSA 21-I:30-a, and RSA 21-I:30-b and shall not be used for any other purpose.
III. All funds accumulated from any source for state retiree health benefits also shall be accounted for in the fund established in paragraph I. The fund shall be used to pay for state retiree health care expenses and any administrative costs related thereto pursuant to RSA 21-I:30, RSA 21-I:30-a, and RSA 21-I:30-b, and for expenses related to the production of the biennial actuarial valuation report, and shall not be used for any other purpose.
IV. At the end of each fiscal year, the state treasurer shall credit the fund with interest and any other income earned.
Source. 2007, 263:39, eff. July 1, 2007.
Section 21-I:30-f
21-I:30-f Administrative Cost of Certain Programs Administered by the Division of Risk and Benefits; Obligation of Employee. –
The division of risk and benefits may use moneys in the employee benefit adjustment account, established under RSA 9:17-c, for the purposes of paying the administrative fees for the dependent care assistance program established under RSA 21-I:44-a and the medical and related expenses program established under RSA 21-I:44-b. The division of risk and benefits may also use such moneys in the event money must be paid to the contracting party in advance to cover the employee's medical expenses, when the employee has not contributed all of such costs from payroll deductions, provided that the employee benefit adjustment account shall be repaid when the employee fulfills his or her obligation.
Source. 2017, 193:10, eff. Aug. 29, 2017. 2019, 346:15, eff. July 1, 2019.
Section 21-I:30-g
21-I:30-g Health Risk Appraisal. –
All information contained in a state employee's health risk appraisal as referenced in any collective bargaining agreement shall be considered protected health information and entitled to all of the nondisclosure and other restrictions set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. part 160 and subparts A and E of part 164 ("Privacy Rule").
Source. 2017, 156:2, eff. July 1, 2017.
Section 21-I:31
21-I:31 Dividends. –
Any dividends which may be received from this life insurance program and the group hospitalization, hospital medical care, surgical care and other medical and surgical benefits shall be paid to the state to be used to extend greater coverage by increasing the face value of the life insurance program.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:32
21-I:32 Eligibility. –
I. Only full time state employees shall be authorized to participate, on a voluntary basis, in the permanent group life insurance program. All full time state employees and retired state employees shall be authorized to participate, on a voluntary basis, in the group hospitalization, hospital medical care, surgical care and other medical and surgical benefits program.
II. Notwithstanding paragraph I, the university system of New Hampshire and the community college system of New Hampshire may participate in the group health insurance plan, except permanent group life insurance, in accordance with RSA 187-A:43 and RSA 188-F:68.
Source. 1985, 399:1, eff. July 1, 1985. 2018, 6:7, eff. May 20, 2018.
Section 21-I:33
21-I:33 Leave of Absence. –
Employees who are participating in the permanent group life insurance program, and who go on an approved leave of absence, may have their permanent group life insurance program continued by the payment to the state of the term portion of the life insurance premium during such leave of absence up to a maximum period of one year.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:34
21-I:34 Age Limit. –
There shall be no age limit to participate in either the permanent group life insurance or in the group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits program.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:35
21-I:35 Examinations. –
There shall be no physical examination or health statement required for coverage under either the permanent group life insurance or group hospitalization, hospital medical care, surgical care and other medical and surgical benefit programs; provided, however, that, if a state employee otherwise eligible fails to apply for any such insurance coverage within the time required by the insurance contract, the insurer may require that the employee submit satisfactory evidence of insurability as a condition for becoming insured.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:36
21-I:36 Hearings. –
The commissioner of administrative services shall have the power to hold hearings and make inquiries as he deems necessary to carry out his functions and exercise his powers under the provisions of this chapter. For the purpose of such hearings and inquiries, the commissioner of administrative services shall have the power to administer oaths and affirmations, to examine witnesses and documents, to take testimony and receive evidence, and to compel the attendance of witnesses and the production of documents by the issuance of subpoenas.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:36-a
21-I:36-a Repealed by 1996, 18:1, eff. June 14, 1996. –
Section 21-I:36-b
21-I:36-b Repealed by 2013, 144:34, eff. Nov. 15, 2013. –
Data Processing
Section 21-I:37
21-I:37 Federal Exceptions. –
If any department or agency of the state is advised by the federal government that its data processing equipment or its forms, methods or techniques in utilizing said equipment do not comply with any federal rule, regulation or law, then the governor and council may authorize the department or agency to alter its data processing equipment or its forms, methods or techniques to comply with any such rule, regulation or law. Automated data processing facilities and equipment of any department or agency of the state paid for completely by federal funds shall be utilized to the fullest extent permitted by federal rule, regulation or law for the general benefit of the state for applications not in conflict with other provisions of this chapter; and all data in said equipment which by federal rule, regulation or law must not be kept confidential shall be made available by any such department or agency to all state agencies including the department of administrative services to the maximum extent permitted by federal rule, regulation or law in a form approved by the department of administrative services; except that in the case of the department of employment security, such form shall be approved jointly by the department of administrative services and the department of employment security. Any dispute arising between any such department or agency and any other state agency as to the utilization requested by the department of administrative services of said facilities, equipment and data shall be resolved by the governor.
Source. 1985, 399:1, eff. July 1, 1985.
Section 21-I:38
21-I:38 Work Order Required. –
I. Notwithstanding any other provision of law to the contrary, any provider department, excluding the legislative branch, prior to performing systems development or computer operation services for any user agency, shall obtain a written work order which:
(a) Defines the services being requested by the user agency and the product to be delivered by the provider department.
(b) Describes the effort which the provider department must expend in order to accomplish the services requested and, if 5 man-days or more are required to complete the work, includes a cost estimate.
(c) Is agreed to by both the provider department and the user agency, as evidenced by the signatures of representatives of both parties on the work order.
II. Any change or modification to the services requested by the user agency shall likewise be agreed to in writing by a supplement to the pertinent work order approved by both parties.
III. The work order form shall be furnished to the user agency by the provider department.
IV. As used in this section, "user agency" means any department, board, commission, institution or other agency or office of the state utilizing data processing services provided by any other department, excluding the legislative branch.
Source. 1985, 399:1. 1991, 346:9, eff. July 1, 1991.
Section 21-I:39
21-I:39 Repealed by 1991, 346:18, V, eff. July 1, 1991. –
Section 21-I:40
21-I:40 Repealed by 1991, 346:18, VI, eff. July 1, 1991. –
Penalties
Section 21-I:41
21-I:41 Penalty. –
If any person shall injure, deface, or misuse any of the property listed in RSA 21-I:11, I(c)(1) or shall violate any rules relating thereto, he or she shall be guilty of a violation.
Source. 1985, 399:1, eff. July 1, 1985. 2014, 327:29, eff. Aug. 2, 2014.
Personnel
Section 21-I:42
21-I:42 Division of Personnel. –
There is hereby established within the department of administrative services the division of personnel, under the supervision of an unclassified director of personnel appointed under RSA 21-I:2, who shall be the only individual in the executive branch to refer to themselves as the director of personnel and hold such a title, whether in whole or in part, and who shall report to the commissioner and be responsible for the following functions in accordance with applicable laws:
I. Managing a centralized human resources processing operations unit which shall provide for the recruitment, appointment, compensation, promotion, transfer, layoff, removal and discipline of state employees.
II. Preparing, maintaining and periodically revising a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same classification. Any new position classification plan shall be based upon the recommendations of a stakeholders group overseen by the director of personnel and shall not be considered a rule subject to RSA 541-A. The plan shall be prepared with due consideration for:
(a) The availability of personnel capable of filling the requirements of any position; and
(b) Any requirement for an employee to live on the premises of the place of employment as a condition of employment.
III. Assigning the position of every employee in the classified service to one of the classifications in the classification plan.
IV. Conducting periodic investigations of the administration of personnel in the state service. These reviews shall be conducted with the approval of the commissioner of administrative services and with the cooperation of the head of the department in question. These investigations shall include analysis of:
(a) Turnover rates within agencies and among specific groups or classes of employees.
(b) Supervisory ratios within agencies.
(c) The use of sick and annual leave by state employees.
(d) Agency implementation of the performance evaluation system required by paragraph XIII of this section.
(e) Agency practices regarding discipline of state employees.
(f) Other agency policies and procedures relative to the management of classified personnel.
V. Reviewing and making recommendations to the commissioner of administrative services regarding the operation of and proposed changes in the compensation plan provided for in RSA 99.
[Paragraph VI repealed by 2022, 147:2 effective July 1, 2024.]
VI. Developing a program for the recruitment, selection, placement, and retention of qualified applicants in the state service.
VII. Preparing an annual report detailing the work of the division. This report, which shall include a narrative summary of the findings of division investigations conducted under RSA 21-I:42, IV, shall be submitted to the governor and council by the director of personnel and the commissioner of administrative services.
VIII. [Repealed.]
IX. Providing all necessary and reasonable clerical support requested by the personnel appeals board established by RSA 21-I:45. At a minimum the director shall:
(a) Provide all necessary clerical and support personnel and services in order to:
(1) Prepare notices and other documents required under RSA 541-A as directed by the appeals board and distribute such notices and documents upon the approval of the appeals board;
(2) Schedule the conduct of all appeals board proceedings, with the approval of the appeals board, so as to insure timely and efficient conduct of such proceedings; and
(3) Prepare and maintain the record, required by RSA 541-A, of all adjudicative proceedings conducted by the appeals board.
(b) Provide comfortable and adequate space for the use of the appeals board in performing its official duties.
(c) Prepare, maintain as a public record, and continuously update a document which shall summarize the findings and decisions of the appeals board.
X. Advising the commissioner, and, upon request, the governor and the executive council regarding personnel administration.
XI. Administering those provisions of RSA Title VI affecting classified state employees which require administrative action by a central personnel organization.
XII. Providing technical assistance to the administrators of state departments on matters related to personnel administration and the adoption and use of modern and effective personnel management techniques throughout state government. This shall include training of and assistance to agency managers in:
(a) Recruitment and selection of personnel.
(b) The development and implementation of training programs.
(c) The development of nonmonetary incentive or award systems.
(d) Evaluation of employee performance.
(e) Supervision and discipline of employees.
XIII. Developing and implementing, in accordance with the recommendations of a stakeholders group overseen by the director of personnel, a performance evaluation system for all classified employees. The evaluation system shall include the following elements:
(a) All full-time classified employees shall be evaluated on a regular basis.
(b) Evaluations shall be in writing and shall be conducted at least annually.
(c) Evaluations shall be conducted by an employee's immediate supervisor.
(d) Evaluations shall be based upon specific written performance expectations or criteria developed for the position in question and employees shall be made aware of these performance expectations in advance of any evaluation.
(e) The evaluation format shall include a narrative summary on the employee's performance.
(f) Employees shall be permitted to participate in the evaluation process, shall be given a copy of their evaluation, and shall have an opportunity to comment, in writing, on their evaluation, and such comments will be included in the employee's permanent record.
(g) Employees shall have a right to nonconcur, in writing, with their evaluation.
(h) Employees shall certify, in writing, that they have reviewed their evaluation.
(i) Evaluation reports shall be reviewed by the supervisor of the official completing the evaluation who shall concur or nonconcur in writing with each evaluation report.
The division may authorize agencies to develop supplemental evaluation systems for specific groups of employees.
XIV. Providing training programs to state agencies under this paragraph and paragraph XVII and developing and implementing a training information management system to collect and record data on agency training efforts.
(a) All state agencies shall utilize training programs offered or sponsored by the division of personnel, if appropriate training programs are available. Fees for such training programs shall be paid out of the agency's budget for training.
(b) All state agencies shall notify the division of personnel of training needs and of planned training programs for classified employees. The division may develop training programs based on such notification of training needs and make this information available to all state agencies on a regular basis to encourage efficient use of training programs.
XV. After consultation with the commissioner, issuing standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements to executive branch departments, agencies, or subdivisions thereof regarding personnel matters within the executive branch, and publishing and distributing to state agencies one or more technical assistance manuals containing information describing the responsibilities of the division of personnel and state agencies in matters relating to personnel administration. These items shall not be considered rules subject to the provisions of RSA 541-A and shall be binding upon the state agencies or subdivisions to whom they are directed.
XVI. Developing and implementing an equal employment opportunity program that will ensure the employment of all qualified people regardless of age, sex, gender identity, race, color, sexual orientation, ethnic background, marital status, or physical or mental disability. This program shall include a review and revision of the job classification process and testing process to ensure that they are free from either conscious or inadvertent bias.
XVII. Provide training for and publish and distribute training and education materials to state and municipal employees.
(a) A nonlapsing revolving fund, which shall not exceed $100,000 on June 30 of each year, shall be established in the division of personnel, department of administrative services. Any amounts in excess of $100,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. The moneys in this fund shall be used for the purpose of:
(1) Providing training to state and municipal employees. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, advertising, and other associated costs. Such training shall be conducted in geographically dispersed locations.
(2) Printing training materials for distribution. A reasonable charge shall be established for each copy of a training document. This charge shall be only in the amount necessary to pay the cost of producing such document. The division of personnel shall first make a request to state-owned printing facilities to perform the printing functions required under this subdivision. If state-owned printing facilities are unable to perform this request, the division of personnel may then seek privately owned printing facilities to fulfill this request.
(3) Implementing a certified public manager program. The department of administrative services, division of personnel, shall implement a certified public manager program that adopts the "use of modern and effective personnel management techniques throughout state government" as required by RSA 21-I:42, XII. The registration fee for such course shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, training for state instructors, advertising, and other associated costs.
(b) No appropriation or other capitalization of the revolving fund shall be required. The division of personnel, department of administrative services, is authorized to expend budgeted funds for the purpose of initial printing of publications or the provision of training programs, with the moneys assessed for such publications or the provision of training to be deposited in the revolving fund.
Source. 1986, 12:1. 1990, 140:2, XI. 1993, 227:2. 1997, 108:3. 2007, 263:75, eff. July 1, 2007. 2017, 193:11, 12, 17, I, eff. Aug. 29, 2017. 2019, 332:3, eff. Oct. 15, 2019. 2020, 37:96, eff. July 29, 2020. 2022, 138:5 to 7, eff. Aug. 6, 2022; 2022, 147:1, eff. Aug. 6, 2022. 2023, 207:1, 2 and 5, eff. Oct. 3, 2023.
Section 21-I:43
21-I:43 Rulemaking. –
I. The provisions of RSA 21-G:9, II(b) shall not apply to the rules adopted pursuant to this section. It is the intent of the general court that the director of personnel shall have the sole authority to adopt and interpret, subject to the appeals process established under this chapter, the rules provided for in this section. The commissioner shall review all proposed rules of the director and may comment on them in writing. In the case of a vacancy in the office of the director of personnel, the commissioner of administrative services may exercise the rulemaking authority granted to the director of personnel.
II. The director of personnel shall adopt rules, pursuant to RSA 541-A, which shall apply to employees in the classified service of the state, relative to:
(a) Classification, except for the classification plan.
(b) Compensation and rates for employee maintenance reimbursement.
(c) Recruitment.
(d) Examination.
(e) Selection.
(f) Appointment.
(g) Promotion.
(h) Demotion.
(i) Transfer.
(j) Discipline.
(k) Removal.
(l) Layoff.
(m) Attendance and leave.
(n) Holidays.
(o) Training.
(p) Merit rating.
(q) The information which shall be required to be listed on the employee roster.
(r) Availability of division records for public inspection, including identification of those records or portions of records for which exemption under RSA 91-A:5 is claimed.
(s) Evaluation.
(t) Designation of the employee's work place.
(u) What constitutes a completed request for reclassification.
III. The director shall consult with a designee of each labor organization certified to represent classified state employees regarding all proposals to adopt, amend, or repeal rules prior to filing a notice of proposed rule under RSA 541-A:6.
Source. 1986, 12:1. 1994, 412:5, eff. Aug. 9, 1994. 2017, 193:13, eff. Aug. 29, 2017.
Section 21-I:43-a
21-I:43-a Compensation for State Employees Injured in Line of Duty. –
Any injury received by any state employee who is injured in the line of duty by a hostile act, or by an act caused by another during the performance of duties which are considered dangerous in nature, that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. In this event, no employee shall be terminated from state service until he or she has applied for disability retirement and a final decision on the application is made by the board of trustees of the New Hampshire retirement system and appeals of such decision, if any, are finalized; provided, that the employee shall make such application within 18 months of the injury contemplated by this section. The executive head of the employee's agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. The employee's name and details of the injury shall be exempt from public disclosure pursuant to RSA 91-A:5, IV. During the time in which the injured employee remains on active payroll at full base salary pursuant to this section, his or her state compensation shall not be offset by state workers' compensation payments and he or she shall not receive state workers' compensation payments to supplement his or her full base salary. Nothing in this section shall prohibit medical payments or final settlements.
Source. 2001, 291:1. 2008, 343:1, eff. Jan. 1, 2009. 2018, 138:1, eff. May 30, 2018.
Section 21-I:44
21-I:44 Internal Organization. –
I. Except as set forth in paragraph II, the commissioner of administrative services, after consultation with the director of the division of personnel, shall be responsible for establishing the internal organizational units of the division. The commissioner and the director shall adhere to the provisions of RSA 21-G:6 in structuring the internal units of the division.
II. There is established within the division a bureau of employee relations, under the direction of an unclassified manager of employee relations. The bureau of employee relations shall be responsible for the following functions, in accordance with applicable laws:
(a) Administering all collective bargaining agreements with classified employees.
(b) Representing the state in collective bargaining negotiations.
(c) Providing professional support and assistance to the governor in the conduct of negotiations with representatives of classified employees.
(d) Representing the state, in cooperation with the attorney general, in all grievance actions related to collective bargaining agreements before the public employee labor relations board.
(e) Coordinating the compilation of data necessary to the collective bargaining process and the implementation of agreements.
(f) Providing technical advice and interpretations to all state agencies for implementation and administration of collective bargaining agreements to ensure consistent policies, practices, and contract compliance.
(g) Investigating, preparing for, and representing the state in grievance mediation and settlement negotiations.
(h) Performing such other duties as may be assigned by the commissioner.
III. In order to provide for the development and implementation of programs for the training and education of state employees, there shall be an unclassified education and training officer within the division of personnel. The education and training officer shall develop and coordinate the implementation of a training program plan for executive departments. Any training program conducted under this plan in any department shall not be limited to employees of that department. In addition, the education and training officer shall perform such duties as are assigned by the director.
IV. The commissioner, after consultation with the director of personnel, shall appoint the manager of employee relations and the education and training officer. The manager of employee relations and the education and training officer shall be qualified by reason of education and experience. The salary of the manager of employee relations and the education and training officer shall be as specified in RSA 94:1-a.
Source. 1986, 12:1, eff. Mar. 27, 1986. 2017, 193:14, eff. Aug. 29, 2017. 2021, 202:2, Pt. III, Secs. 5 and 6, eff. July 1, 2021.
Flexible Spending Programs
Section 21-I:44-a
21-I:44-a Dependent Care Assistance Program Established. –
There is established a dependent care assistance program to be administered by the division of risk and benefits of the department of administrative services with the assistance of the division of accounting services of the department of administrative services and the treasury department. Under this program, an employee may have a certain amount of his or her salary withheld, before taxes, for the purpose of day care expenses.
Source. 1990, 3:32, eff. Feb. 20, 1990. 2017, 193:15, eff. Aug. 29, 2017. 2019, 346:16, eff. July 1, 2019.
Section 21-I:44-b
21-I:44-b Medical and Related Expenses Program Established. –
There is established a medical related expenses program to be administered by the division of risk and benefits of the department of administrative services with the assistance of the division of accounting services of the department of administrative services and the treasury department. Under this program, an employee may have a certain amount of his or her salary withheld, before taxes, for the purpose of medical expenses.
Source. 1990, 3:32, eff. Feb. 20, 1990. 2017, 193:15, eff. Aug. 29, 2017. 2019, 346:17, eff. July 1, 2019.
Section 21-I:44-c
21-I:44-c Repealed by 2017, 193:17, II, eff. Aug. 29, 2017. –
Section 21-I:44-d
21-I:44-d Repealed by 2017, 193:17, III, eff. Aug. 29, 2017. –
Equipment Depository
Section 21-I:44-e
21-I:44-e Repealed by 2001, 212:3, I, eff. June 30, 2006. –
Section 21-I:44-f
21-I:44-f Repealed by 2001, 212:3, II, eff. June 30, 2006. –
Personnel Appeals Board
Section 21-I:45
21-I:45 Composition of Board; Compensation; Removal. –
There is hereby established a personnel appeals board as follows:
I. The board shall consist of up to 5 members, not more than 3 of whom shall be from the same political party. At least 2 members of the board shall have been employed as labor relations or personnel professionals for at least 5 years. One member shall have been employed within a public personnel field of employment for at least 3 years. At least 2 members shall be attorneys licensed to practice in the state of New Hampshire and experienced in the conduct of adjudicative hearings and decision writing. Each member shall be appointed by the governor with the consent of the council for a term of 3 years and a person appointed to fill a vacancy shall be appointed for the unexpired term. Each member of the board shall hold office until a successor is appointed and qualified. The governor shall designate one member as chairperson of the board. The board shall elect one member to serve as vice-chairperson. Both the chairperson and the vice-chairperson shall be attorneys and members in good standing of the New Hampshire Bar Association. No member of the board shall be employed full time in any agency of state government. Three members shall constitute a quorum to conduct hearings, deliberative sessions, and business meetings.
II. Members of the board shall convene in person to conduct appeal hearings and pre-hearing conferences with the parties, to deliberate on concluded cases and pending motions, and to conduct periodic business meetings associated with their duties and they shall designate one or more members to participate in legislative and regulatory matters that pertain to the board. They shall read appeal records, motions, court decisions, and other evidentiary materials outside of scheduled hearings and meetings and in preparation for them. The members shall therefore be paid a stipend of $200 in each biweekly state payroll cycle for the work performed outside of scheduled sessions. Members of the board shall also be paid $400 for each day devoted to the work of the board and shall be reimbursed for travel, professional development, and other business-related expenses.
III. Members of the board shall be removed only as provided in RSA 4:1.
Source. 1986, 12:1. 1988, 269:1, eff. June 29, 1988. 2018, 156:1, eff. July 1, 2019.
Section 21-I:46
21-I:46 Powers and Duties of Board. –
I. The personnel appeals board shall hear and decide appeals as provided by RSA 21-I:57 and 21-I:58 and appeals of decisions arising out of application of the rules adopted by the director of personnel except those related to:
(a) Performance evaluations of classified employees; provided, however, that an employee who is disciplined or has other adverse action taken against him as the result of an evaluation may appeal that action.
(b) The refusal of an appointing authority to grant a leave of absence without pay.
(c) Classification decisions of the director of personnel when the reasons for appeal are based on any of the following:
(1) The personal qualifications of an employee exceed the minimum requirements for the position in question.
(2) The employee has held the position for a long period of time.
(3) Any positions previously held by the employee or any examinations passed by the employee which are not required for the position in question.
(4) The employee has reached the maximum of the assigned salary grade.
(5) The cost of living or related economic factors.
II. The board shall meet as often as necessary to conduct its business, provided that no more than 30 days shall elapse between meetings or hearings whenever there is any appeal pending before the board. Three members of the board shall constitute a quorum.
III. In the event that a member of the board is unable, for any reason, to attend a meeting of the board, the chairman shall designate an alternate member to serve in his place. In the absence of the chairman, the vice chairman shall designate the alternate member to serve.
IV. The board shall have the power to subpoena witnesses, and administer oaths in any proceeding before it, and to compel the production of any books, papers or other memoranda or documents by subpoena duces tecum.
V. The board may advise the director with regard to all existing rules of the division. The director shall submit all proposals to adopt rules to the board for their advice prior to filing a notice of proposed rule under RSA 541-A:6.
VI. The board shall by September 1 of each year submit an annual report to the governor, commissioner of administrative services, and director of personnel. This report shall include a narrative summary of the work of the board during the previous fiscal year. The report shall also include a description of problems related to the personnel system and the board's recommendations for dealing with those problems.
VII. The board shall adopt rules under RSA 541-A regarding procedures for the conduct of its business.
VIII. The board may, with the approval of the governor and council, contract for legal services in any action in which the attorney general determines that he cannot provide such services to the board. The governor shall draw his warrant on funds not otherwise appropriated to cover the costs of such legal services.
VIII-a. The board shall be limited to existing job titles within the classification plan when rendering decisions regarding appeals of denial of reclassification. The board is explicitly prohibited from creating new job classifications or job titles.
IX. The board shall issue final decisions on all appeals within 45 days of the date of hearing or upon the receipt of relevant evidence requested by the board as a result of such hearing, whichever is later. If the board determines that it requires additional time for the proper investigation or determination of the facts or issues involved, it shall notify the employee or employees making the appeal in writing of the reasons for the delay and provide an estimate to such employee or employees of the additional time required.
Source. 1986, 12:1. 1988, 269:2. 1994, 412:6, eff. Aug. 9, 1994. 2018, 156:2, eff. July 1, 2019.
Section 21-I:47
21-I:47 Executive Secretary to Board. –
I. The director of personnel shall assign, with the approval of the board, an employee of the division of personnel to serve as executive secretary to the board. Neither the director of personnel nor any bureau administrator within the division of personnel shall be appointed to this position.
II. The executive secretary shall perform such duties for the board as the board may assign.
Source. 1986, 12:1, eff. Mar. 27, 1986.
Classified Employees
Section 21-I:48
21-I:48 Approval of Governor or Council Not Required. –
Neither the governor nor council shall be required to approve the employment, or salary, of any employee within the state classified service except as such approval may be specifically required by law.
Source. 1986, 12:1, eff. Mar. 27, 1986.
Section 21-I:49
21-I:49 Classified Service and Exemptions. –
The classified service to which the personnel provisions of this chapter shall apply shall comprise all positions in the state service now existing or hereafter established, except:
I. Those elected by popular vote or by the legislature.
II. Those appointed and commissioned by the governor or the governor and council.
III. The chief executive officer of each department and institution and independent agency.
IV. The deputy of any department head provided for by special statute.
V. Those officers whose salary is specified or provided by special statute.
VI. Personnel of the university system of New Hampshire.
VII. Personnel of the Pease development authority.
VIII. Personnel of the New Hampshire retirement system.
IX. [Repealed.]
X. Personnel of the community college system of New Hampshire.
XI. Those appointed to unclassified or non-classified positions by a chief executive officer of each department and institution and independent agency.
Source. 1986, 12:1. 1990, 161:8. 2003, 132:2. 2009, 150:11. 2010, 199:8, eff. Aug. 20, 2010. 2018, 291:3, eff. Aug. 24, 2018. 2023, 207:3, eff. Oct. 3, 2023.
Section 21-I:50
21-I:50 Exception; Department of Employment Security. –
In the case of any employee of the department of employment security where the federal government has determined that the state classification system does not meet federal standards, as required by RSA 282-A:115, the provisions of the federal standards applicable to a merit system of personnel administration in state employment security agencies shall be controlling and the state classification system shall not be applicable in any such case insofar as inconsistent with the federal standards.
Source. 1986, 12:1, eff. Mar. 27, 1986.
Section 21-I:51
21-I:51 Applicant's Criminal Record. –
No applicant for state employment shall be required by the state to answer any question concerning whether the applicant has ever been arrested or indicted for a crime. This section shall not prohibit asking an applicant whether he has ever been convicted of a crime.
Source. 1986, 12:1, eff. Mar. 27, 1986.
Section 21-I:52
21-I:52 Prohibitions; Penalty. –
I. No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of the person's political opinions, religion, religious beliefs or affiliations, age, sex, gender identity, sexual orientation, national origin, or race. Additionally, except as provided in paragraph I-a, there shall be no preferential treatment or discrimination in recruiting, hiring, or promotion based on race, sex, gender identity, sexual orientation, national origin, religion, or religious beliefs. Nothing in this section shall require the appointment or prevent the dismissal of any person who advocates the overthrow of the government by unconstitutional and violent means. No person shall use, or promise to use directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. No employee in the state classified service shall hold any remunerative elective public office, or have other employment, either of which creates an actual, direct and substantial conflict of interest with the employee's employment, which conflict cannot be alleviated by said employee abstaining from actions directly affecting such classified employment. Determination of such conflict shall be made by the personnel appeals board after the parties are afforded rights to a hearing pursuant to RSA 21-I:58. The burden of proof in establishing such a conflict shall be upon the party alleging it. No action affecting said employee shall be taken by the appointing authority because of such public office or other employment until after a full hearing before and approval of such action by the personnel appeals board. If an actual, direct and substantial conflict of interest, which cannot be alleviated by abstention by the employee, is found by the personnel appeals board, the board must approve any action proposed by the appointing authority; and the employee shall be given a reasonable amount of time to leave the employee's public office or other employment or otherwise end the conflict before the appointing authority initiates that action.
I-a. Notwithstanding the prohibition on preferential treatment or discrimination in paragraph I:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
II. If any person in state service shall willfully violate this section, his position of service with the state shall be declared vacant by the governor and council.
Source. 1986, 12:1. 1990, 261:3. 1997, 108:4. 2011, 227:1, eff. Jan. 1, 2012. 2019, 332:4, eff. Oct. 15, 2019.
Section 21-I:52-a
21-I:52-a Employee Assistance Program; Confidential Communications. –
The confidential relations and confidential communications between an employee of the state of New Hampshire and a representative or representatives of an employee assistance program shall be placed on the same basis as those provided by law between attorney and client. Except as otherwise provided by law, no representative of an employee assistance program shall be required to disclose either the nature of the program's relationship with the state employee or any privileged and confidential communications, either oral or written, made between the state employee and the representative or representatives of the program in the context of that relationship.
Source. 1995, 310:61, eff. Nov. 1, 1995.
Section 21-I:53
21-I:53 Cooperation of State Officers and Employees. –
All officers and employees of the state shall comply with and aid in carrying out the provisions of this chapter relative to the classified personnel system. Any employee in any department may be excused, with the approval of the department head, from his regular duties for the time required to assist in the preparation and rating of tests when designated by the director of personnel.
Source. 1986, 12:1, eff. Mar. 27, 1986.
Section 21-I:54
21-I:54 New Positions and Reclassification of Positions. –
I. Notwithstanding any provision of law to the contrary, no new position in the classified service for employment of over one calendar year shall be established except upon approval of the governor and council. A request from a department head for additional personnel beyond those considered as line items in the budget as enacted as a budgetary amount, if said employment is for a period in excess of one calendar year, shall be considered a new position requiring the approval as specified in this section. In addition, a request made either to the division of personnel or the governor and council for the reclassification of positions to a different occupational group shall be considered as a request for a new position and shall require the approval of the governor and council, except as provided in RSA 21-I:56, IV.
II. The division of personnel shall submit to the general court on or before January 15 of each legislative year a report containing a list of all new positions created subsequent to the report made to the preceding session of the general court giving the reason for the action taken in each case and stating clearly the effect of such action upon the amounts for personnel services appropriated by the preceding general court. The report shall also include a list of all reclassifications of positions allowed during the previous year by either the director or the personnel appeals board. The report shall state how many employees were affected by each reclassification and the cost of each reclassification.
III. The director shall make a decision on any request for reclassification from department heads or position incumbents within 45 days of receipt of a completed request for reclassification or reallocation as defined by rules adopted under RSA 21-I:43, II(u). Except as otherwise provided by law, rule, or bargaining agreement negotiated under the provisions of RSA 273-A, no changes in compensation shall be allowed for any request until a final decision is made by the director, or if the director's decision is appealed, by the personnel appeals board. Changes in compensation due to reclassification shall become effective at the beginning of the next pay period following the final decision of the director.
Source.Source. 1986, 12:1. 1989, 408:106. 1995, 310:58. 2007, 263:161, eff. July 1, 2007. 2023, 207:6, eff. Oct. 3, 2023.
Section 21-I:55
21-I:55 Repealed by 2023, 207:23, I, eff. Oct. 3, 2023. –
Section 21-I:56
21-I:56 Reclassification of Positions or Increases. –
I. Any request for reclassification of a position to a different class series as provided in RSA 21-I:54 shall require the approval of governor and council.
II. Any request to increase the salary of a classified position beyond grade 34 as provided in RSA 99:8 shall require the approval of the fiscal committee of the general court before it is submitted to the governor and council for its approval.
III. Notwithstanding the provisions of RSA 9:17 and 9:17-a, whenever the director of personnel in consultation with the affected department shall determine that the personal services-permanent line item in any accounting unit and the salary adjustment fund cannot cover the cost of funding a reclassification and a transfer of funds from other line items is required, the director of personnel shall notify the governor and council and the fiscal committee as soon as possible. No such transfer shall be permitted without approval first of the fiscal committee and then of governor and council.
IV. Notwithstanding any other provision of law, the commissioner of the department of health and human services shall have the authority to reallocate or reclassify any position within the department of health and human services, in consultation with the director of personnel, to implement the 1995 Department of Health and Human Services Reorganization Act. This authority shall terminate on December 31, 1998.
V. Notwithstanding any other provision of law, any commissioner of a state agency may appeal a reclassification decision to the joint committee on employee classification, established in RSA 14:14-c, which shall have final authority over such decision.
Source. 1986, 12:1. 1987, 416:5. 1992, 289:3. 1995, 310:59. 2006, 290:16. 2008, 177:14, eff. June 11, 2008. 2012, 247:3, eff. Aug. 17, 2012.
Section 21-I:57
21-I:57 Classification Review. –
The employee or the department head, or both, affected by the classification of a position in a classification plan shall have an opportunity to request a review of that classification in accordance with rules adopted by the director under RSA 541-A, provided such request is made within 15 days of the classification. If a review is requested by an employee, the director shall contact the employee's department head to determine how the employee's responsibilities and duties relate to the responsibilities and duties of similar positions throughout the state. The employee or department head, or both, shall have the right to appeal the director's decision to the personnel appeals board in accordance with rules adopted by the board under RSA 541-A. If the board determines that an individual is not properly classified in accordance with the classification plan or the director's rules, it shall issue an order requiring the director to make a correction.
Source. 1986, 12:1. 1988, 269:3, eff. June 29, 1988. 2023, 207:7, eff. Oct. 3, 2023.
Section 21-I:58
21-I:58 Appeals. –
I. Any full-time employee having completed the applicable probationary period who is affected by any application of the personnel rules, except for those rules enumerated in RSA 21-I:46, I and the application of rules in classification decisions appealable under RSA 21-I:57, may appeal to the personnel appeals board within 15 calendar days of the action giving rise to the appeal. The appeal shall be heard in accordance with the procedures provided for adjudicative proceedings in RSA 541-A. If the personnel appeals board finds that the action complained of was taken by the appointing authority for any reason related to politics, religion, age, sex, gender identity, race, color, ethnic background, marital status, or disabling condition, or on account of the person's sexual orientation, or was taken in violation of a statute or of rules adopted by the director, the employee shall be reinstated to the employee's former position or a position of like seniority, status, and pay. The employee shall be reinstated without loss of pay, provided that the sum shall be equal to the salary loss suffered during the period of denied compensation less any amount of compensation earned or benefits received from any other source during the period. "Any other source" shall not include compensation earned from continued casual employment during the period if the employee held the position of casual employment prior to the period, except to the extent that the number of hours worked in such casual employment increases during the period. In all cases, the personnel appeals board may reinstate an employee or otherwise change or modify any order of the appointing authority, or make such other order as it may deem just.
II. Any action or decision taken or made under this section shall be subject to rehearing and appeal as provided in RSA 541.
III. In the event of an appeal from a decision of the personnel appeals board in accordance with the provisions of RSA 541, the fee for the copy of the record and such testimony and exhibits as shall be transferred, and the fee for manifold copies shall be established by the governor and council and collected by the director of personnel from the party making the appeal. Any fees collected by the director of personnel under the provisions of this section shall be credited to the appropriation for the division of personnel. The appeals board shall not be required to certify the record upon any such appeal, nor shall the appeal be considered until the fees for the copies have been paid.
Source. 1986, 12:1. 1988, 269:4. 1990, 140:2, XII. 1997, 108:5, eff. Jan. 1, 1998. 2019, 332:5, eff. Oct. 15, 2019. 2023, 207:4, eff. Oct. 3, 2023.
Waste Reduction and Recycling Program
Section 21-I:59 to 21-I:65
21-I:59 to 21-I:65 Repealed by 2008, 359:9, IV, eff. Sept. 9, 2008. –
Division of Information Technology Management
Section 21-I:66 to 21-I:68
21-I:66 to 21-I:68 Repealed by 2003, 223:17, I, eff. Oct. 14, 2005. –
Section 21-I:69 to 21-I:72
21-I:69 to 21-I:72 Repealed by 2003, 223:17, II, eff. July 1, 2003. –
Indirect Cost Recovery Program
Section 21-I:73
21-I:73 Definitions. –
In this subdivision:
I. "Agency" means any agency under RSA 21-G:5, III that receives or provides central support services.
II. "Agency indirect costs" mean all support costs within any agency that cannot be directly charged to any agency program.
III. "Statewide indirect costs" mean all allocated general fund central services costs incurred by any state agency for central support services to any other state agency.
Source. 2005, 177:63, eff. July 1, 2005.
Section 21-I:74
21-I:74 Allocation of Statewide Central Services Costs; Allocation of Statewide Indirect Costs. –
The commissioner shall allocate statewide indirect costs in a manner consistent with the federally-approved statewide central services cost allocation plan and shall recover such costs from those agencies that benefit from central service support. Agencies shall allocate general fund central services costs incurred by the agency to the appropriate agency funding source for reimbursement to the general fund. Agencies for which internal support costs are appropriated from the general fund shall recover such costs.
Source. 2005, 177:63, eff. July 1, 2005.
Section 21-I:75
21-I:75 Agency Indirect Cost Recovery Plan. –
I. An agency that receives outside funding from any source shall prepare and submit to the commissioner for review and approval an indirect cost recovery plan. The plan shall include proposals to recover agency indirect costs, the portion of statewide central service costs (statewide indirect costs) allocated to the agency under the statewide central services cost allocation plan, and any computation of indirect costs under RSA 124:11. By October 1 of each year, and prior to submission to the approving federal agency, if any, the agency shall submit the completed indirect cost rate proposal and supporting documentation to the commissioner for review and approval.
II. Notwithstanding paragraph I, the commissioner may waive the requirement that the agency file an indirect cost recovery plan if the commissioner determines that the cost of preparing and submitting the plan exceeds the benefit to the state of receiving such a plan.
Source. 2005, 177:63, eff. July 1, 2005.
Section 21-I:76
21-I:76 General Fund Reimbursement. –
Agencies shall reimburse the general fund no later than 30 days after each quarter for all statewide central services costs and that portion of agency indirect costs attributable to recoveries of general fund expenditures. Agencies shall provide such indirect cost information and documentation as may be required by the commissioner to implement this section.
Source. 2005, 177:63, eff. July 1, 2005.
Section 21-I:77
21-I:77 Exemption. –
The commissioner may waive any requirement under this subdivision if the commissioner determines that it is in conflict with, or contrary to, state objectives.
Source. 2005, 177:63, eff. July 1, 2005.
Public Works Design and Construction
Section 21-I:78
21-I:78 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of administrative services.
II. "Construction management" means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.
III. "Contract construction" means all construction performed in whole or in part by an independent contractor.
IV. "Cost-plus contract" means a contract under which the payment for the work is the actual cost, plus either a fixed fee or a percentage of the cost as profit.
V. "Department" means the department of administrative services.
VI. "Design build" means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.
VII. "Force account basis" means use of a work force directly on the state payroll, rather than an independent contractor.
VIII. "Registered architect or professional engineer" means a person licensed in the state as an architect or engineer.
IX. "Project" means any construction, reconstruction, alteration, or maintenance in any building, plant, fixture, or facility.
(a) The term shall include those projects relating to buildings, plants, fixture, or facilities formerly administered through the department of transportation, division of public works.
(b) The term shall include projects relating to state trails, roads, bridges, and related maintenance and use of facilities under fish and game provisions in title XVIII, public recreation provisions in title XIX, and forestry provisions in title XIX-A. The commissioner may waive requirements for approval by governor and council for short term rentals of equipment contracted for or acquired for the purposes of projects under this subparagraph, provided such projects are reported quarterly to the fiscal committee of the general court.
(c) The term shall not include construction, reconstruction, alteration, or maintenance of highways, bridges, or other items directly related to transportation, which matters shall be managed by the department of transportation.
X. "Using agency or institution" means any executive department, commission, independent establishment, public corporation which is an instrumentality of a state board, bureau, division, institution, service, office, officer, authority, administration, or other establishment in the executive branch of the government, which will have the control of the property after the work is completed.
Source. 2005, 291:9, eff. July 25, 2005. 2023, 79:348, eff. July 1, 2023.
Section 21-I:79
21-I:79 Projects Under $25,000. –
State projects, as defined in RSA 21-I:78, IX, for which the estimated cost is equal to or does not exceed $25,000 may be done on a force account basis as defined in RSA 21-I:78, V, or by contracts awarded through competitive bidding administered by the using agency with the approval of governor and council.
Source. 2005, 291:9, eff. July 25, 2005.
Section 21-I:80
21-I:80 Major Projects. –
I. Each state project whose estimated cost is more than $25,000 shall be built under contracts awarded to the lowest qualified bidder who meets all project specifications through competitive bidding. The following are excluded from this competitive bidding requirement:
(a) Projects executed under RSA 481 with approval of the governor and council.
(b) Projects for the department of fish and game, the adjutant general's department, and the department of natural and cultural resources, whose estimated total cost is not more than $500,000. The commissioner may grant other agencies an exclusion for specific projects whose estimated cost is not more than $500,000 if he or she concludes to do so is in the best interests of the state. Such projects may be done on a force account basis, by contracts awarded through competitive bidding, by short term rental of construction equipment, or by any combination of these methods. These departments are authorized to rent construction equipment for periods not exceeding 6 months at rates the departments deem competitive through the use of quotes or bids.
(c) In an emergency, projects may be done on a force account basis upon the recommendation of the commissioner, with the approval of the governor and council.
(d) Notwithstanding any other provision of law, the commissioner is authorized to use the design build and construction management methods of contracting for any project. The capital project overview committee shall approve preliminary plans prior to construction, reconstruction, alteration, or maintenance if the project is part of a capital project and:
(1) The construction management method of contracting is used; or
(2) The design build method of contracting is used and the estimated cost is more than $500,000. If the design-build method of contracting is used and the estimated cost is $500,000 or less, preapproval of the capital project overview committee shall not be required, but the department shall notify the committee of all such projects and shall provide quarterly reports on project status.
II. Any state project whose estimated cost is more than $500,000 shall be designed by a registered architect or professional engineer unless, upon recommendation of the commissioner, the governor and council shall find that it is in the best interests of the state to provide for in-house design. He or she shall prepare plans and specifications which meet the requirements of all applicable codes and shall provide on-site observation and inspection services. Each registered architect or professional engineer shall carry professional liability insurance in an amount satisfactory to the commissioner consistent with industry standards.
III. After written application to the capital project overview committee, the requirements of paragraph II may be waived upon approval of the capital project overview committee and the governor and council.
IV. State capital budget projects shall not be awarded through cost-plus contracts.
V. Any repair project authorized in the capital budget which requires consultant services shall be put into effect within 90 days after the adoption of the capital budget.
VI. (a) Prior to any work being done by an individual contractor on any major project under this section, such contractor, including all subcontractors and independent contractors, excluding deliveries to and removals from a project administered by the department, shall provide to the commissioner of administrative services:
(1) A certificate of insurance of his or her current workers' compensation coverage in New Hampshire for the classification of work to be completed on the project;
(2) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;
(3) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;
(4) A copy of the contractor's compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281-A:64, III, if applicable; and
(5) The department may develop procedures to obtain the requirements in this section on an annual basis or by a prequalification procedure rather than on a project-by-project basis.
(b) If any construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.
(c) The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
(d) All funds collected under this paragraph shall be deposited into the general fund.
(e) The commissioner of labor shall appoint as many individuals as necessary to carry out the department's responsibilities under this paragraph.
(f) On a quarterly basis, the commissioners of administrative services and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.
Source. 2005, 291:9. 2007, 323:3, 8. 2008, 270:2, 3, 5. 2010, 209:3, eff. Aug. 27, 2010. 2012, 247:12, eff. Aug. 17, 2012. 2013, 86:1, eff. Aug. 18, 2013. 2017, 156:14, I, eff. July 1, 2017. 2019, 292:1, eff. Sept. 27, 2019. 2023, 192:4, eff. Aug. 4, 2023.
Section 21-I:81
21-I:81 Competitive Bidding. –
No project subject to the competitive bidding requirements of RSA 21-I:80 shall be awarded to any independent contractor except:
I. If the commissioner decides that the bid of the lowest bidder should be accepted, he or she shall prepare a contract of acceptance of the lowest bid within 60 days from the opening of bids. He or she shall execute the contract in the name of the state. After the contract is executed by the lowest bidder, the form of it approved by the attorney general, and the availability of funds approved by the commissioner of administrative services, he or she shall transmit the contract to the governor and council. Upon approval by the governor and council, it shall become a valid contract of the state.
II. The state reserves the right to reject any and all bids or to negotiate with the lowest qualified bidder who meets all project specifications.
III. If the commissioner decides that for just cause shown the lowest bid submitted should be rejected, he or she shall promptly transmit to the governor and council the recommendation for rejection including reasons. The governor and council shall review the recommendation and any other facts available to them, and make such determination as in their judgment shall be for the best interest of the state. They shall require a public hearing upon request of any bidder or on their own motion to fully establish such facts. Their determination shall be entered upon the records of the secretary of state.
IV. If not more than one bid is received on any state project advertised for contract construction, the commissioner may negotiate a contract for such construction upon terms which he or she may deem most advantageous to the state, subject to the approval of the governor and council. For projects built with federal aid, if any provision of this section is inconsistent with the requirements of applicable federal law and regulations, the latter shall control.
Source. 2005, 291:9, eff. July 25, 2005.
Section 21-I:81-a
21-I:81-a Requirement for Listing Subcontractor Bids for State Construction Contracts. –
The following requirements apply to the construction, reconstruction, installation, demolition, maintenance, or repair of any building by a state agency, including the community college system and university system of New Hampshire, that is required to be awarded through competitive bidding.
I. A general contractor shall provide to the awarding state agency, community college, or university system a list of the names, addresses, CEO, CFO, other LLC principals, and each subcontractor to be used in the performance of the contract as soon as is practicable after the contract award, but in any event prior to the date on which the subcontractor begins work on the project. This provision applies to all subcontractors engaged to work on the project, regardless of the date of their engagement.
II. This section provides minimum disclosure standards regarding subcontractors and shall not preclude an awarding state agency or the community college or university system from setting more rigorous standards for construction work under their jurisdiction.
Source. 2009, 246:1, eff. Sept. 14, 2009.
Section 21-I:81-b
21-I:81-b Worksite Accountability. –
At the onset of work on any state construction project, including any construction project undertaken by the community college system and the university system of New Hampshire, the general contractor or designated project construction manager, if any, shall provide to the awarding state agency a current list of all subcontractors and independent contractors that the general contractor has agreed to use on the job site, with a record of the entity to whom that subcontractor or independent contractor is directly contracted and by whom that contractor or subcontractor is insured for worker's compensation purposes. This list shall be posted on the jobsite and updated as needed to reflect any new subcontractors or independent contractors and also posted on the state agency website, to be updated every 30 days. If it is determined that a subcontractor or independent contractor is present on a state construction site without the contractor's name and direct contracting relationship being posted in a visible location at the worksite, the general contractor or designated project manager shall require the subcontractor or independent contractor to provide the information within 36 hours and to post the information in a visible location at the worksite. If the information is not provided within 36 hours of its request, the general contractor shall suspend the contractor until the information is provided and posted.
Source. 2009, 246:1, eff. Sept. 14, 2009.
Section 21-I:82
21-I:82 Client Relationship. –
Without limiting the provisions of RSA 21-I:80 and RSA 21-I:81, and to enable the department to maintain a client relationship with the using agencies or institutions in the construction of capital budget items, the department is authorized to:
I. Determine requirements, prepare estimates, advertise, receive bids and award contracts subject to the approval of the governor and council. The department is also authorized to execute all contracts for projects in the name of the state and for the using agency or institution, with the advice and assistance of the attorney general; and after the concurrence of the governor and council, the commissioner of administrative services and the using agency or institution, subject to other statutory limitations.
II. Cause to be undertaken and completed, all construction exceeding $25,000 for any individual project, except as otherwise authorized by the governor and council.
III. Exercise general supervision, control and direction over all matters pertaining to design, construction, maintenance standards, and preservation of all state buildings, and related facilities.
IV. Except as otherwise authorized by the governor and council, cooperate with the department of environmental services by letting for contract, and supervising, all projects on state-owned dams and reservoirs, and performing inspections requested by the department of environmental services. However, operation of facilities under the control of the department of environmental services shall not be delegated to the department of administrative services.
Source. 2005, 291:9, eff. July 25, 2005.
Section 21-I:83
21-I:83 Compliance With Contracts. –
I. (a) The performance of contracts for all state projects costing over $25,000 shall be inspected to assure compliance with the plans and specifications. The department shall require inspection service by one of the following methods:
(1) By a registered architect or professional engineer or representative;
(2) By qualified personnel of the state agency, institution or department concerned; or
(3) By personnel of the division of public works design and construction, or the division's designated agent or agents.
(b) Prior to the execution of a contract for a state project, the department shall notify the state agency, institution, or department concerned which method of inspection shall be followed.
II. The department or its agent shall periodically give to the using agency or institution signed statements that the contract is being executed according to specifications, including a final statement that the project has been completed in accordance with the specifications.
III. Manifests for such payments shall be made and signed by the using agency, department, or institution. Manifests for final payment shall certify that inspections have been carried out, that the project has been completed in accordance with the specifications and the contract, and that it has been accepted. Such manifest shall be certified by the department that the progress reports furnished by the department are correct and that inspections have been made and the provisions of the plans and specifications have been carried out.
Source. 2005, 291:9, eff. July 25, 2005. 2014, 327:30, eff. Aug. 2, 2014.
Section 21-I:84
21-I:84 General Powers and Duties. –
The department of administrative services is further authorized to:
I. Exercise such general supervision over standards of operation and maintenance of state-owned buildings, except state armories and military reservations, and fixed plant equipment as was formerly the function of the executive officers of the using agencies or institutions or the department of transportation, division of public works, and except as otherwise provided by law.
II. Coordinate long range capital planning to meet the needs of the state, as may be requested by the governor and council and subject to their approval.
III. Operate all public works, not otherwise assigned.
IV. Assist any using agency or institution of the state in the acquisition of lands for a public use, when requested.
V. Employ such technical consultants and other assistants as may be necessary, wherever required in the best interests of the state and consistent with the policy declared in section RSA 21-I:80.
VI. Engage in projects as defined in RSA 21-I:78, IX.
Source. 2005, 291:9, eff. July 25, 2005.
Section 21-I:85
21-I:85 Planning and Design Costs. –
The department of administrative services shall bill state agencies for any design, planning, project management, and/or inspection work for all capital construction projects administered through the department, and for any operating projects that are funded in full or in part with federal funds, agency income, or funding sources other than general funds.
Source. 2005, 291:9, eff. July 25, 2005. 2014, 327:31, eff. Aug. 2, 2014. 2023, 79:166, eff. July 1, 2023.
Section 21-I:86
21-I:86 Public Works Appeals. –
I. Any person aggrieved by a decision of the manager of the division of public works design and construction relative to public works design and construction shall petition for informal review by the deputy commissioner of administrative services, or the deputy's designee, within 15 days of the decision. Such petition for informal review shall be a prerequisite to an appeal to the commissioner under paragraph II.
II. Any person aggrieved by the determination of the deputy commissioner of administrative services, or the deputy's designee, under paragraph I shall appeal to the commissioner, or the commissioner's designee, within 30 days of the deputy's determination.
Source. 2005, 291:9, eff. July 25, 2005. 2013, 227:2, eff. Sept. 13, 2013. 2014, 327:32, eff. Aug. 2, 2014.
Commission Exploring Monetizing Certain State Assets, Enterprises, and Resources
Section 21-I:87 to 21-I:91
21-I:87 to 21-I:91 Repealed by 2010, Sp. Sess., 1:97, eff. July 1, 2011. –
Citizens Task Force to Study State Revenues and Expenditures
Section 21-I:92 to 21-I:94
21-I:92 to 21-I:94 Repealed by 2020, 37:4, IV, eff. July 29, 2020. –
State Credit Card Affinity Program
Section 21-I:95
21-I:95 State Credit Card Affinity Program; Administration. –
I. Upon a determination by the commissioner of administrative services of the feasibility of a state credit card affinity program which meets the requirements of this subdivision and the minimum enrollment required of financial services companies administering a credit card affinity program, the commissioner shall have the authority to enter into an agreement with a credit card issuer for the issuance of a co-branded or affinity credit card. The credit card issuer and terms of the co-branded card most favorable to the purpose described in paragraph II shall be selected following a request for proposals and awarded through competitive bidding.
II. All fees and other revenue attributable to payments made to the state by the credit card issuer through a co-branding or affinity agreement shall not be general funds of the state but, after deducting the necessary costs of administration by the department of administrative services, shall be paid to the board of trustees of the New Hampshire retirement system and dedicated to an annual reduction in the retirement system's unfunded liability determined under RSA 100-A:16, II.
Source. 2014, 142:2, eff. June 16, 2014.
Hampshire Prescription Drug Competitive Marketplace
Section 21-I:96
21-I:96 Purpose and Intent. –
The purpose and intent of this subdivision is to authorize the commissioner of the department of administrative services, with the approval of the governor and the executive council, to establish the New Hampshire prescription drug competitive marketplace in accordance with this subdivision. The objective of this subdivision is to optimize prescription drug savings by the state of New Hampshire through the following:
I. Adoption of a dynamically competitive reverse auction process for the state health plan selection of pharmacy benefit managers (PBM).
II. Ongoing, real-time electronic review and validation of PBM claims invoices as the foundation for reconciling pharmacy bills.
III. Conduct of market checks using technology driven evaluation of the incumbent PBM's prescription drug pricing based on benchmark comparators.
Source. 2020, 13:16, eff. July 16, 2020.
Section 21-I:97
21-I:97 Definitions. –
In this subdivision:
I. "Department" means the department of administrative services.
II. "Pharmacy benefits manager" or "PBM" means a person, business, or other entity, including a wholly or partially owned or controlled subsidiary of a pharmacy benefits manager, that, pursuant to a contract with the health carrier or self-funded health benefit plan, manages the prescription drug coverage provided by the health carrier or self-funded health benefit plan, including, but not limited to, providing claims processing services for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudication of grievances or appeals related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.
III. "PBM reverse auction" means an automated, transparent, and dynamically competitive bidding process conducted online that starts with an opening round of bids and allows qualified PBM bidders to counter-offer a lower price for as many rounds of bidding as determined by the department of administrative services or its authorized representative conducting the reverse auction for a multiple health plan prescription drug purchasing group.
IV. "Price" means the projected cost of a PBM proposal or "bid" for providing prescription drug benefits pursuant to this part, to enable "apples-to-apples" comparison of the costs of competing PBM proposals over the duration of the PBM services contract.
V. "Real-time" means within no more than 12 hours.
VI. "PBA" means a participant bidding agreement entered into by all participants in the PBM reverse auction prior to participation therein.
Source. 2020, 13:16, eff. July 16, 2020.
Section 21-I:98
21-I:98 New Hampshire Prescription Drug Competitive Marketplace. –
I. Notwithstanding any provision of law to the contrary, a contract for the services of a PBM for the administration of benefits under this subdivision may be procured by the department, at its sole discretion, in a transparent, online competitive process, or "PBM reverse auction" as set forth in this subdivision. If the department, acting in its discretion, opts to conduct such a process, it shall procure, through the solicitation of proposals from qualified professional services vendors, the following products and services based upon price, capabilities, and other factors as determined by the department:
(a) Technical assistance from a technology operator with respect to all of the following:
(1) Evaluating the qualifications of PBM bidders.
(2) Conducting online-automated reverse auction services to support the department or its authorized representatives in comparing the pricing for the PBM procurement.
(3) Providing related professional services.
(b) Technology platform with the required capabilities for conducting a PBM reverse auction, along with the related services of a technology operator, as described in subparagraph (a). The technology platform shall, at a minimum, possess the capacity to do the following:
(1) Conduct an automated, online, reverse auction of PBM services.
(2) Automate repricing of diverse and complex PBM prescription drug pricing proposals to enable "apples-to-apples" comparisons of the price of PBM bids utilizing 100 percent of annual prescription drug claims data available for state-funded health plans or a multiple health plan prescription drug purchasing group and using code-based classification of drugs from nationally accepted drug sources.
(3) Produce an automated report and analysis of PBM bids, including the ranking of PBM bids based on the comparative costs and qualitative aspects thereof within a 48-hour time period following the close of each round of reverse auction bidding.
(4) Perform real-time, electronic, line-by-line, claim-by-claim review of 100 percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract resulting from the reverse auction process.
(c) The contract for procurement of the technology platform and technology operator services shall not be awarded to any of the following:
(1) A vendor that is a PBM.
(2) A vendor that is a subsidiary or affiliate of a PBM.
(3) A vendor that is managed by a PBM or receives remuneration from a PBM for aggregating clients into a contractual relationship with a PBM.
(d) The vendor shall not outsource any part of the PBM reverse auction or the automated, real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM prescription drug claims.
(e) With technical assistance and support provided by the technology operator, the department or its authorized representative shall specify the terms of the PBA. The terms of the PBA shall not be modified except by specific consent of the department of administrative services or its authorized representatives.
II. When and if procured, the technology platform used to conduct the reverse auction shall be repurposed over the duration of the PBM services contract as an automated pharmacy claims adjudication engine to perform real-time, electronic, line-by-line, claim-by-claim review of 100 percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of PBM services contracts.
III. An entity may request in writing and subject to the approval of the commissioner to participate in a joint purchasing group with the state employee and retiree group insurance program for procuring for PBM services through a PBM reverse auction or otherwise. All entities participating in a joint purchasing group shall share proportionally in the cost of procurement including all support services.
IV. If the department opts, at its discretion, to conduct a transparent, online competitive PBM selection process, as set forth in this subdivision, the processes and procedures set forth in this section shall apply to prescription drug coverage in connection with the state employee health plan for benefits under this part including for state employees, retirees, spouses, and eligible dependents in accordance with the provisions of RSA 21-I:30 and any applicable collective bargaining agreements. Any other state-funded health plan or self-funded municipal employee or other local government employee health plan, public school employee health plans, operating individually or collectively, and the health plans of the university system of New Hampshire and the community college system of New Hampshire may utilize the processes and procedures set forth in this section individually or collectively or as a joint purchasing group with the state employee health plan.
V. After completion of a first PBM reverse auction by the department for the administration of benefits under the state employee health plan, and at the discretion of the department, self-funded private sector employer or multi-employer health plans with substantial participation by New Hampshire employees and their dependents may be permitted to participate in a joint purchasing pool with state employees for conduct of subsequent PBM reverse auctions provided that such participation shall comply with and shall be consistent with all applicable state and federal law and requirements of ERISA.
VI. The state employee health plan and any self-funded public or private sector health plans that may be permitted to participate with the state in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common drug formulary or common prescription pharmacy benefit design. Any such entity or purchasing group shall agree, before participating in the PBM reverse auction, to accept the prescription drug pricing plan that is selected through the PBM reverse auction process.
VII. Any PBM providing services to the department or a self-funded health plan as described in paragraphs IV and V, shall provide the department and the plan the complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.
VIII. The department may adopt rules, pursuant to RSA 541-A, to implement the provisions of this subdivision.
Source. 2020, 13:16, eff. July 16, 2020.
Granite State Paid Family Leave Plan
Section 21-I:99
21-I:99 Granite State Paid Family Leave Plan. –
There is hereby established the granite state paid family leave plan, which shall be implemented under this subdivision and as provided in RSA 282-B and RSA 77-E.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:100
21-I:100 Purpose and Policy. –
The purpose of this subdivision is to leverage the purchasing power and economies of scale available to the state when it is acting as purchaser on behalf of state employees and to align this purchasing initiative with a business tax incentive in order to make available to all other public and private employers in the state, on a voluntary basis, advantageously priced family and medical leave insurance (FMLI) wage replacement benefits. By purchasing FMLI coverage for state employees through the medium of commercial insurance, by linking that contract with a contract to make the same coverage available statewide, by acting as premium aggregator for individuals whose employers do not sponsor such coverage, and by introducing a new business tax incentive, the state will position itself to create a market for advantageously priced FMLI benefits. It is the intent of this subdivision to significantly increase the number of employees in the state who receive FMLI wage replacement benefits. The social benefits of increasing the rate of FMLI coverage include attracting and retaining workers, including younger workers, to the state, enabling parents to bond with biological, adopted, or foster children, helping to meet the needs of an aging population, promoting workplace stability, and enhancing worker retention and productivity. While many larger employers provide paid FMLI benefits through self-insurance, this is not feasible for most mid-sized and smaller businesses. The general court therefore finds that it is in the public interest for the state to strategically use its purchasing power and tax expenditure authority to establish a marketplace in the state for advantageously priced FMLI wage replacement benefits.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:101
21-I:101 Definitions. –
In this subdivision:
I. "Child" has the same meaning as "son or daughter" in 29 U.S.C. section 2611(12).
II. "Commissioner" means the commissioner of the department of administrative services.
III. "Department" means the department of administrative services.
IV. "Family and medical leave" means leave from work:
(a) Because of the birth of a child of the employee, within the past 12 months;
(b) Because of the placement of a child with the employee for adoption or fostering within the past 12 months;
(c) Because of a serious health condition of a family member; or
(d) Because of any qualifying exigency arising from foreign deployment with the armed forces, or to care for a service member with a serious injury or illness as permitted under the federal Family and Medical Leave Act, 29 U.S.C. section 2612(a)(1)(E) and 29 C.F.R. section 825.126(a)(1)-(8), as they existed on October 19, 2017, for family members as defined in paragraph VI.
V. "Family and Medical Leave Act" means the federal Family and Medical Leave Act of 1993, Pub.L. 103-3, 29 U.S.C. section 2601 et seq.
VI. "Family member" means a "child" as defined in paragraph I, a biological, adoptive, or foster parent, stepparent, or legal guardian of the child or the child's spouse or domestic partner, a biological, adoptive, or foster grandparent or step grandparent, or a spouse or domestic partner.
VII. "FMLI" means family and medical leave insurance providing wage replacement benefits under specified conditions.
VIII. "Serious health condition" means any illness of a family member covered by the Family and Medical Leave Act including treatment for addiction as prescribed by a treating clinician, consistent with American Society of Addiction Medicine criteria, as well as treatment for a mental health condition, consistent with American Psychiatric Association criteria.
IX. "State rate" means the per employee premium amount that is charged by the successful bidder for the state contract for FMLI coverage for state government employees as provided in this subdivision. The state rate shall be expressed as a percentage of wages.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:102
21-I:102 Contracting and Administrative Authority. –
I. The commissioner may solicit information about, seek proposals for, negotiate, enter into, and administer group insurance contracts with duly authorized accident and life insurance carriers as necessary and appropriate to provide to qualifying state employees, at state expense and at no cost to such employees, an FMLI plan of wage replacement as described in this subdivision. The provision of this coverage shall be considered a matter of legislatively established public policy that is designed to benefit all employers and employees in the state and that is "confined exclusively to the public employer by statute" as provided in RSA 273-A:1, XI and shall not be subject to collective bargaining. Nothing in this subdivision shall be construed to invalidate any portion of a collective bargaining agreement entered into by the state.
II. The state shall provide to all permanent state employees wage replacement coverage for qualified leave, which shall be available for the same types of leave as protected under the Family and Medical Leave Act except leave for a health condition of the employee. This shall include leave for:
(a) The birth of a child and the care of the newborn child within one year of birth;
(b) The placement with the employee of a child for adoption or foster care and the care of the newly placed child within one year of placement;
(c) Caring for the employee's spouse, child, or parent who has a serious health condition; or
(d) Any qualifying exigency arising out of the fact that the employee's spouse, child, or parent is a covered military member on covered active duty, or caring for a covered service-member with a serious injury or illness if the eligible employee is the service-member's spouse, child, parent, or next of kin.
III. Subject to any changes authorized under RSA 21-I:106, the wage replacement benefits under this FMLI plan shall be structured as follows:
(a) Eligible employees shall receive 60 percent of their average weekly wage.
(b) The maximum duration of wage replacement shall be 6 weeks per year, with no minimum duration required.
(c) Wages used to determine the 60 percent FMLI coverage shall be capped at the amount of the Social Security taxable wage maximum as amended from time to time.
IV. Except as provided in RSA 21-I:103, III regarding individual pool coverage, the commissioner shall establish, through his or her discretionary authority in administering the request for information and the request for proposals process, the following additional elements of the benefit structure consistent with the purposes and policy of this subdivision:
(a) The base period by which the average weekly wage shall be determined.
(b) The tenure requirement, expressed in terms of months of work, before an employee is eligible to be covered provided, however, that no tenure requirement shall apply to an employee who has already met the requirement and then changes jobs.
(c) A waiting period or elimination period provided, however, that a waiting or elimination period shall not be a required element of the benefit structure, and the commissioner shall have authority to implement a plan with no such requirement.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:103
21-I:103 State Employee Coverage Linked to Coverage Offerings for Other Employers and for Individual Employees. –
The commissioner shall include in the request for proposals for FMLI benefits for state employees a requirement that the winning bidder shall, as a condition of the state contract, also offer the same FMLI coverage to other public employers, private employers with more than 50 employees, and individual employees on the following terms:
I. Private and public non-state employers shall receive a rate that is derived from the state rate through the application of rating factors that are actuarially justified and specified in the bid response.
II. Employers with more than 50 employees who choose to sponsor coverage for their employees shall contract directly with the winning bidder.
III. Individuals who work for employers who choose not to offer FMLI coverage under this subdivision or who fail to meet minimum participation requirements and who do not offer an FMLI benefit that is at least equivalent to the granite state paid family leave plan shall have the opportunity to contract indirectly with the winning bidder through the purchasing pool for family and medical leave insurance authorized under RSA 282-B and administered by the department of employment security. The pool may be experience rated. Coverage through the pool shall include a 7-month waiting period, a one-week elimination period, and a 60-day annual open enrollment period as established by the commissioner in the procurement process. Premiums for individual pool coverage shall not exceed $5 per subscriber per week.
IV. The commissioner shall establish, through his or her discretionary authority in administering the request for information and the request for proposals process, the following additional elements of the benefit structure and plan administration specifically for employees of sponsoring non-state employers consistent with the purposes and policy of this subdivision:
(a) The minimum participation requirement.
(b) The parameters for open enrollment periods.
(c) Procedures for contributory plans, partially contributory plans, and non-contributory plans.
(d) Procedures for payroll deduction and premium remittance for employers with more than 50 employees.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:104
21-I:104 Conditions of Non-State Employer Participation. –
Participation in the plan by non-state employers shall be voluntary. In addition, non-state employers may choose to provide FMLI at no cost to their employees or on a contributory or partially contributory basis.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:105
21-I:105 Procurement Process. –
The commissioner may issue a request for information or a request for proposals to secure FMLI coverage for all eligible employees of the state of New Hampshire and to make advantageously priced coverage available to all other private employers with more than 50 employees and public employers in the state as provided in this subdivision. The department, the department of employment security, and the department of insurance shall jointly evaluate the proposals received in response to the request for proposals. The department shall contract with an insurance carrier or carriers to provide FMLI coverage. The contract with the winning bidder shall be subject to governor and council approval. The selected insurance carrier shall be licensed by the state of New Hampshire and in good standing. The selected insurance carrier shall be subject to all applicable insurance laws and regulations of the state of New Hampshire, and the rates and forms for the FMLI contracts shall be filed for approval with the insurance commissioner.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:106
21-I:106 Commissioner Discretion to Adjust Initial FMLI Benefit Structure. –
In exercising authority under this subdivision to contract for FMLI coverage for state employees and also for the availability of advantageously priced FMLI coverage for employees of all non-state employers, the commissioner shall have discretionary authority in initiating this program to make changes to the benefit structure of the FMLI plan under RSA 21-I:102, III and may retain a consulting actuary or other benefit advisors in support of this discretionary determination. This discretionary authority shall be exercised in consideration of the stated purposes and policy goals of this subdivision and of the counsels of the FMLI advisory board established in RSA 21-I:107. Any such changes made under this paragraph shall be subject to approval by the governor and council and the legislative fiscal committee prior to implementation and shall be offered by the legislative fiscal committee as an amendment to this subdivision in the next regular session of the general court.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:107
21-I:107 Family and Medical Leave Insurance Advisory Board. –
There is hereby established the family and medical leave insurance advisory board, which shall be administratively attached to the department, and which shall hereinafter be called the FMLI advisory board. The FMLI advisory board shall consist of 9 members to be appointed, with the exception of the legislative members, by the governor. Three of the appointees shall be persons who, because of their vocations, employment, or affiliations, shall represent employers; 3 shall be persons who, because of the vocations, employment, or affiliations, shall represent employees; one shall be a senator appointed by the senate president; one shall be a representative appointed by the speaker of the house of representatives; the remaining appointee, who shall be appointed as chairman, shall be a person whose training and experience qualify her or him to successfully resolve the problems of FMLI procurement, eligibility, benefit design, and program administration. The advisory board shall meet no later than 45 days after each calendar quarter and aid the commissioner in formulating policies and discussing problems related to the implementation and administration of this subdivision and RSA 282-B and in assuring impartiality and freedom from political influence in the solution of such problems. Advisory board meetings shall provide opportunity for public comment.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:108
21-I:108 Report and Outreach. –
I. Working in coordination with the commissioner of administrative services as provided in RSA 282-B:6, I, the department shall produce, on an annual basis, a summary report on the granite state paid family leave plan. This report shall be made public and delivered to the governor, the senate president, and the speaker of the house of representatives. It shall include, but not be limited to, a description of progress in carrying out the processes contemplated under this subdivision, progress in improving the rate of FMLI coverage of employees in the state, and recommendations for more fully achieving the purposes and policy goals of this subdivision.
II. Working in coordination with the department of employment security as provided in RSA 282-B:6, II, the department shall develop and implement an outreach program to ensure that employers who might benefit from sponsoring FMLI coverage for their employees and individuals who may be eligible to receive FMLI coverage under this subdivision are made aware of this program. Outreach information shall explain in an easy to understand format, eligibility requirements, benefit structures, and the process for accessing coverage, enrolling individuals, and qualifying for the business tax credit provided for in RSA 77-E:3-d.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:109
21-I:109 Rulemaking. –
The commissioner may adopt rules, pursuant to RSA 541-A, as deemed necessary for the implementation of this chapter.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:110
21-I:110 Appropriation and Funding Transfer. –
The state treasurer shall transfer funds from the general fund to the department of administrative services for payment of the administrative and implementation costs associated with this chapter.
Source. 2021, 91:464, eff. July 1, 2021.
Section 21-I:111
21-I:111 Program Start-up. –
The request for proposals for FMLI coverage as described in this subdivision shall be issued no later than March 31, 2022. The FMLI coverage shall be in place for state government employees and available for purchase by other public and private employers with more than 50 employees and individuals by January 1, 2023.
Source. 2021, 91:464, eff. July 1, 2021.