Bill Text: NH SB533 | 2016 | Regular Session | Chaptered
Bill Title: Relative to the governor's commission on alcohol and drug abuse prevention, treatment, and recovery and making supplemental appropriations to the commission, the New Hampshire housing finance authority, and the department of health and human services, bureau of drug and alcohol services.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2016-06-28 - II. Remainder Effective 06/24/2016 [SB533 Detail]
Download: New_Hampshire-2016-SB533-Chaptered.html
CHAPTER 330
SB 533-FN-A-LOCAL - FINAL VERSION
03/10/2016 0965s
03/24/2016 1055s
03/24/2016 1157s
20Apr2016... 1356h
11May2016... 1872h
06/01/2016 2097CofC
06/01/2016 2139EBA
2016 SESSION
16-2929
09/01
SENATE BILL 533-FN-A-LOCAL
AN ACT relative to the governor's commission on alcohol and drug abuse prevention, treatment, and recovery and making supplemental appropriations to the commission, the New Hampshire housing finance authority, and the department of health and human services, bureau of drug and alcohol services.
SPONSORS: Sen. Woodburn, Dist 1; Sen. Soucy, Dist 18; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Fuller Clark, Dist 21; Sen. Lasky, Dist 13; Sen. Watters, Dist 4; Sen. Pierce, Dist 5; Sen. Feltes, Dist 15; Rep. Shurtleff, Merr. 11; Rep. Wallner, Merr. 10; Rep. Rosenwald, Hills. 30; Rep. Sherman, Rock. 24
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill makes changes in the membership, organization, duties, meetings, and reports of the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, and establishes that the commission serves in an advisory capacity to both the governor and the general court.
The bill makes supplemental appropriations to the commission, the New Hampshire housing finance authority, and the department of health and human services. The bill authorizes the department of justice to accept gifts, grants, and donations for the purpose of funding an assistant attorney general dedicated to prosecuting drug cases.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/2016 0965s 16-2929
03/24/2016 1055s 09/01
03/24/2016 1157s
20Apr2016... 1356h
11May2016... 1872h
06/01/2016 2097CofC
06/01/2016 2139EBA
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the governor's commission on alcohol and drug abuse prevention, treatment, and recovery and making supplemental appropriations to the commission, the New Hampshire housing finance authority, and the department of health and human services, bureau of drug and alcohol services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
330:1 Commission Established. Amend the introductory paragraph of RSA 12-J:1 to read as follows:
12-J:1 Commission Established; Membership; Terms. There is hereby established a commission which shall serve in an advisory capacity to the governor and the general court regarding the delivery of effective and coordinated alcohol and drug abuse prevention, treatment, and recovery services throughout the state. The commission shall consist of the following members:
330:2 Commission Membership. RSA 12-J:1, I is repealed and reenacted to read as follows:
I. Seven public members, 2 of whom shall be professionals knowledgeable about alcohol and drug abuse prevention, one of whom shall be appointed by the governor and one of whom shall be appointed by the senate president; 2 of whom shall be professionals knowledgeable about alcohol and drug abuse treatment, one of whom shall be appointed by the governor and one of whom shall be appointed by the speaker of the house of representatives; 2 of whom shall be public members who are not professionals within the alcohol and drug addiction prevention and treatment system, one of whom shall be appointed by the senate president and one of whom shall be appointed by the speaker of the house of representatives; and one member in long-term recovery, appointed by the governor.
330:3 Organization of Commission. Amend RSA 12-J:2, I to read as follows:
I. The [governor and council] commission shall [designate a member of the commission] elect one of its members to serve as chairperson. The executive director of the commission shall be the director of the appropriate division responsible for alcohol and drug abuse prevention and recovery, who shall serve without additional compensation. Twelve members of the commission shall constitute a quorum.
330:4 Organization of Commission. Amend RSA 12-J:2, II-a to read as follows:
II-a. The chairperson shall create a budget task force comprised of the individuals listed in RSA 12-J:1, III(a) to report biannually on financial expenditures for substance abuse related work throughout state government as detailed in RSA 12-J:4, III and recommend budget policy priorities to the commission regarding the allocation of funding alcohol and drug prevention, treatment, and recovery services across state agencies and throughout the state.
330:5 Commission; Duties. Amend RSA 12-J:3 to read as follows:
12-J:3 Duties. The duties of the commission shall be to:
I. Develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and drug abuse, particularly among youth, and a comprehensive system of treatment and recovery services for individuals and families affected by alcohol and drug abuse. The statewide plan shall:
(a) Identify the causes, the nature and scope, and the impact of alcohol and drug abuse in New Hampshire.
(b) Identify and prioritize unmet needs for prevention, treatment, and recovery services.
(c) Recommend initiatives and policy considerations to the general court to reduce the incidence of alcohol and drug abuse in New Hampshire.
(d) Identify and quantify public and private resources available to support alcohol and drug abuse prevention, treatment, and recovery.
(e) Specify additional resources necessary to address unmet needs for prevention, treatment, and recovery.
(f) Specify evaluation and monitoring methodology.
II. Advise the governor and general court on and promote [collaboration between and among state agencies and communities to foster] the development of effective community-based alcohol and drug abuse prevention [programs] strategies.
III. Advise the governor and the general court on and promote the development of treatment services to meet the needs of citizens addicted to alcohol or other drugs.
III-a. Advise the governor and the general court on and promote the development of recovery services to meet the needs of citizens in recovery from alcohol and other drug misuse.
IV. Identify unmet needs and the resources required to reduce the incidence of alcohol and drug abuse in New Hampshire and to make recommendations to the governor and general court regarding legislation and funding to address such needs.
V. Authorize the disbursement of moneys from the alcohol abuse prevention and treatment fund, pursuant to RSA 176-A:1, III.
VI. Make presentations at least once each legislative session to the house and senate finance committees, the senate health and human services committee, the house health, human services and elderly affairs committee, and the fiscal committee of the general court.
330:6 Meetings and Reports. Amend RSA 12-J:4, II to read as follows:
II. The commission shall submit an annual report to the governor, speaker of the house of representatives, [and] president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, the chairperson of the senate health and human services committee, and the chairperson of the fiscal committee of the general court by [December] October 1 of each year regarding the activities of the commission. [The first annual report shall be due November 1, 2008.] The annual report shall:
(a) Identify alcohol and drug abuse prevention, treatment, and recovery services and programs provided by state departments and agencies or funded in whole or in part by state or federal funds;
(b) Indicate the progress made during the prior year toward the implementation of the statewide plan developed by the commission pursuant to RSA 12-J:3, I;
(c) Recommend any revisions to the statewide plan developed pursuant to RSA 12-J:3, I;
(d) Identify and prioritize unmet needs for prevention, treatment, and recovery;
(e) Indicate the progress, or lack thereof, in addressing the unmet needs;
(f) Recommend initiatives and/or policy considerations to the governor and the general court to address the unmet needs;
(g) Specify the resources and any legislation necessary to support existing programs for prevention, treatment, and recovery and to develop, implement, support, and evaluate the initiatives recommended by the commission; [and]
(h) In even-numbered years the report may include specific recommendations for funds to be included in the next state biennial budget to support alcohol and drug abuse prevention, treatment, and recovery services and programs[.]; and
(i) Incorporate the findings and recommendations of the report required under paragraph II-a and make specific findings and recommendations regarding public awareness, education, and legislation to address the dangers of synthetic drugs.
330:7 Meetings and Reports. RSA 12-J:4, III is repealed and reenacted to read as follows:
III.(a) To assist the commission in the timely completion of its annual report, each commission member representing an executive branch department or entity shall provide the information specified in paragraph II for its department or entity to the commission on or before August 1 of each year.
(b) The commission shall submit a mid-year report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court by March 1 of each year regarding the current state of drug abuse, prevention, treatment, and recovery. The commission shall include a dashboard of the following, both in the interim and the annual report as required in RSA 12-J:4, II, that includes but is not limited to:
(1) The number of known drug overdoses, broken out by drug involved.
(2) The number of deaths attributable to overdoses, as reported by the chief medical examiner, broken out by drug involved.
(3) The number of people known to be in treatment or recovery programs supported by commission funding.
(4) The accessibility and availability of treatment programs, including waitlists.
(5) The number of individuals in drug court programs, as reported by the judicial branch.
(6) The number of individuals in diversion programs, as reported by the judicial branch.
(7) The number of convictions for drug related offenses, as reported by the judicial branch.
(8) The number of persons incarcerated for drug related offenses as reported by the department of corrections.
(9) Funds expended and balances remaining, programs and strategies created or sustained by the funds, and an estimate of the number of individuals served by these funds.
(10) Barriers to data access and availability, with proposed strategies to develop or enhance data capacity.
(11) Performance outcomes pursuant to National Outcomes Measurement Standards (NOMS) as required with federal funding sources.
(12) Any other information requested by the governor or general court.
(c) All data required in subparagraph (b) shall be presented in the aggregate to protect the privacy of the individual. The commission shall delete any data required in those paragraphs that enables the personal identification of an individual.
IV. In the reports submitted by the commission to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court, the report shall include outcome data and/or research citations about the efficacy of funded programs based upon evidence of program results.
330:8 Reference Change; Commission on Post-Traumatic Stress Disorder and Traumatic Brain Injury; Membership. Amend RSA 115-D:2, I(g) to read as follows:
(g) The chairperson of the governor's commission on alcohol and drug abuse prevention, [intervention, and] treatment, and recovery, or designee.
330:9 Contingency. RSA 12-J:1, I, as inserted by section 2 of this act, shall take effect upon the expiration of the terms of the commission members who are serving on the effective date of this act.
330:10 Supplemental Appropriation for Governor's Commission on Alcohol and Drug Abuse Prevention, Treatment, and Recovery; Supplemental Appropriation for Supportive Housing Projects for Persons with Substance Abuse Disorders.
I. In addition to any other sums appropriated for fiscal year 2017, $2,500,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the governor's commission on alcohol and drug abuse prevention, treatment and recovery for the purpose of contracts for program services, within the department of health and human services. Additionally, $2,000,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the New Hampshire housing finance authority for the purposes set forth in RSA 204-C:56 through RSA 204-C:62, relative to the affordable housing fund, provided the appropriated funds are used for the purpose of funding supportive housing projects for persons with substance abuse disorders. The New Hampshire housing finance authority shall prepare a report on the status of projects funded, in whole or in part, by this appropriation to be delivered to the house health and human services and elderly affairs committee by December 31, 2017 and annually thereafter until the appropriated funds have been fully allocated.
II. For the purposes of funding the appropriations made in paragraph I, the governor shall identify excess appropriations from sums appropriated pursuant to 2015, 275 and 276, and shall transfer said sums to the appropriate class lines. Any transfers made pursuant to this section shall not require the prior approval of the fiscal committee of the general court and the governor and council and shall not be subject to the provisions of RSA 9:16-a, 9:17-a, and RSA 9:17-c.
III. Prior to making such transfers, the governor shall certify to the fiscal committee of the general court that any excess appropriations identified pursuant to this section are in addition to the projected lapses assumed during the adoption of the state operating budget for the biennium ending June 30, 2017.
330:11 Health and Human Services; Prevention Services Appropriations. Amend 2015, 275:1, accounting unit 05-95-49-491510-2988 by inserting a class note immediately following such accounting unit as follows:
CLASS NOTE
102 F. This appropriation shall not lapse until June 30, 2017.
330:12 Health and Human Services; Clinical Services Appropriations. Amend 2015, 275:1, accounting unit 05-95-49-491510-2990 by inserting a class note immediately following such accounting unit as follows:
CLASS NOTE
102 F. This appropriation shall not lapse until June 30, 2017.
330:13 Department of Health and Human Services; Supplemental Appropriation; Bureau of Drug and Alcohol Services.
I. In addition to any other sums appropriated for fiscal year 2017, the sum of $500,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the department of health and human services, bureau of drug and alcohol services to support direct grants for the creation, initiation, expansion, and/or operational costs for peer recovery support services. The sum appropriated shall be awarded within 150 days after the effective date of this section. For the purposes of funding said appropriations, the governor shall identify excess appropriations from sums appropriated pursuant to 2015, 275 and 276, and shall transfer said sums to the appropriate class lines. Any transfers made pursuant to this section shall not require the prior approval of the fiscal committee of the general court and the governor and council and shall not be subject to the provisions of RSA 9:16-a, 9:17-a, and RSA 9:17-c. Prior to making such transfers, the governor shall certify to the fiscal committee of the general court that any excess appropriations identified pursuant to this section are in addition to the projected lapses assumed during the adoption of the state operating budget for the biennium ending June 30, 2017.
II.(a) Existing and proposed peer recovery support services organizations shall be eligible to receive a grant, if the organization:
(1) Is registered with the association of recovery community organizations under the Faces and Voices of Recovery;
(2) Is accredited by, or will initiate the process of being accredited by the Council on Accreditation of Peer Recovery Support Services within 30 days of the governor and council approving the grant;
(3) Has an established relationship with a certified public accountant;
(4) Has a board of directors and has established bylaws; and
(5) Does not receive a grant through a facilitating organization.
(b) No more than one grant shall be awarded per regional public health network catchment area basis. The bureau shall forward information on selected grant recipients to the governor and council. No grant shall be awarded without the approval of the governor and council.
III. Organizations that receive a grant under this section or through a facilitating organization shall file semi-annual data submissions with the department of health and human services, to prove the effectiveness of recovery services based upon addiction wellness and recovery capital index scores, or a data system that demonstrates individual addiction wellness across a continuum of care, including measurements upon the 8 dimensions of wellness criteria, or any other comparable data system recognized by the department. The department shall to the extent practical determine the cost effectiveness of recovery services and shall report its findings to the president of the senate and the speaker of the house of representatives on an annual basis beginning in fiscal year 2018.
IV. No later than December 31, 2017, the bureau of drug and alcohol services shall report to the fiscal committee of the general court the number of grants awarded, which organizations received a grant, and the total number of individuals served as a result of said grants.
330:14 Department of Justice; Attorney Position. For the biennium ending June 30, 2017, the department of justice is authorized, subject to the approval of the fiscal committee of the general court and the governor and council, to accept gifts, grants, and donations for the purpose of funding an assistant attorney general dedicated to prosecuting drug cases. No general fund moneys shall be expended to fund this position.
I. RSA 12-J:1, I, as inserted by section 2 of this act, shall take effect as provided in section 9 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: June 24, 2016
Effective Date: I. RSA 12-J:1, I, as inserted by section 2, shall take effect as provided in section 9
II. Remainder shall take effect June 24, 2016
