Committee Summary for Fiscal Committee (10/17/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:08:40.880 - 10:04:21 AM	General Working Session	Unclear

Unclear: Chair (Senator) Information Only00:08:40.880 - 10:04:21 AM; The chair called the fiscal committee meeting to order on Friday, October 17th, accepted the minutes of September 5th with a motion by Senator Gray, seconded by Senator Bertzil, adopted with one abstention, and moved to the consent calendar. Noted three bills removed from the consent calendar under tabs four and five (items 25-252, 251, 253, and additionally 248). Entertained a motion to accept the remaining items on the consent calendar, seconded and adopted.
Unclear: Senator Gray Information Only00:09:48.800 - 10:05:29 AM; Senator Gray moved to accept the minutes of September 5th and later moved to adopt the remaining consent calendar items.
Unclear: Senator Bertzil Information Only00:09:48.800 - 10:05:29 AM; Senator Bertzil seconded the motion to accept the minutes and later seconded the motion to adopt the consent calendar.
Unclear: Committee Members Information Only00:10:38.480 - 10:06:19 AM; The committee discussed removals from the consent calendar, including items under tab four (25-252 GNCR) and tab five (251, 253, 248 from Department of Safety, Administrative Services, Health and Human Services). A motion was made to approve the remaining items, seconded by Senator Burnsell, and adopted.
Unclear: Bill Gagas, LBCF Grants Coordinator, Department of Natural and Cultural Resources Information Only00:11:44.320 - 10:07:25 AM; Bill Gagas introduced himself and was present for questions on item 25-252. He deferred to Adele Ciccilia for detailed responses.
Unclear: Senator (Unnamed) Information Only00:11:44.320 - 10:07:25 AM; Asked about the status of the arts council fundraising under the tax credit program passed in the budget.
Unclear: Adele Ciccilia, Director, Division of Arts, Department of Natural and Cultural Resources Information Only00:12:42.880 - 10:08:23 AM; Provided an update on the tax credit program: authorized in recent weeks, forms finalized from Department of Revenue Administration. Used a federal grant to rehire three of six laid-off staff. Program now ready to engage participants. No detailed fundraising plan yet, but initial outreach made. Confirmed privatized dollars from tax credits cannot be used as federal grant match; federal guidelines require state dollars. Agreed to keep senators updated and to explore using tax credit funds to replace state appropriations for federal matching purposes. Provided contact for volunteers (herself).
Unclear: Senator Lang Information Only00:13:45.839 - 10:09:26 AM; Requested updates on the tax credit fundraising plan and methods, and clarification on using funds for federal grant matches.
Unclear: Senator Gray Information Only00:15:54.480 - 10:11:35 AM; Mentioned an email from Cassandra Beals seeking volunteer contact and requested it be forwarded.
Unclear: Senator Waters Information Only00:15:54.480 - 10:11:35 AM; Moved to adopt item 25-252.
Unclear: Senator Birdell Information Only00:15:54.480 - 10:11:35 AM; Seconded the motion to adopt item 25-252, which was approved.
Unclear: Amy Newbury, Director of Administration, Department of Safety Information Only00:16:59.199 - 10:12:40 AM; Introduced herself for item 25-248. Explained the item was a technical correction moving funds from equipment to hardware and software after bidding, suggested by Department of Administrative Services for transparency. Deferred on details about Buy American preference waivers, promising to follow up.
Unclear: Representative Leechman Information Only00:17:56.960 - 10:13:37 AM; Asked about the frequency of waivers for Buy American preference on pages 14 and 15 of the item.
Unclear: Senator Birdell Information Only00:19:02.160 - 10:14:43 AM; Moved to approve item 25-248.
Unclear: Senator Gray Information Only00:19:02.160 - 10:14:43 AM; Seconded the motion to approve item 25-248, which was adopted.
Unclear: Charlie Arlinghouse, Commissioner, Department of Administrative Services Information Only00:20:19.840 - 10:16:00 AM; Introduced himself and Joyce Pitman. Acknowledged ongoing issues with Anthem's retiree health plan mail-order pharmacy, noted difficult implementation, emphasized treating vendors as partners and ongoing improvements led by Joyce's team. Stressed that challenges have lessened but not resolved, and offered follow-up on specifics.
Unclear: Joyce Pitman, Director of Risk and Benefits, Department of Administrative Services Information Only00:21:32.000 - 10:17:13 AM; Detailed challenges with the Carolin RX (Anthem) system: prescriptions not always visible, auto-renew issues, assumptions about usage leading to removals from dashboard for safety. Explained differences from prior Express Scripts system. Noted complaints peak during renewals; team assists retirees. Highlighted upcoming contract expiration and potential carrier change affecting 11,000+ retirees, causing further disruptions. Confirmed Carolin handles electronic outreach to prescribers.
Unclear: Senator Rosenald Information Only00:20:19.840 - 10:16:00 AM; Questioned when the Anthem retiree health program's mail-order pharmacy issues would be resolved, given two years of problems. Expressed concern over onus on Carolin for renewals not working properly. Referenced meeting with Anthem claiming improvements but suspected complaint fatigue. Moved to accept item 25-251 (noted as 25253 in transcript).
Unclear: Senator Rosenald Information Only00:27:58.720 - 10:23:39 AM; Corrected motion for item 25-253.
Unclear: Senator Birdell Information Only00:27:58.720 - 10:23:39 AM; Seconded motions for items 25-251 and 25-253, both adopted.
Unclear: Nathan White, Chief Financial Officer, Department of Health and Human Services Information Only00:29:14.640 - 10:24:55 AM; Introduced himself for item 25-253.
Unclear: Ian Watt, Director, Division of Public Health, Department of Health and Human Services Information Only00:30:19.600 - 10:26:00 AM; Responded to questions on the September 5, 2025 health alert (HAN) on respiratory virus immunizations. Clarified it uses peer-reviewed data, aligns largely with CDC and AAP, but CDC lacked some recommendations at release time (now aligned, e.g., for pregnant women). Emphasized evidence-based process involving medical staff and partners. Addressed past CDC divergences (e.g., masking, COVID vaccine, alternatives): noted state masking ended sooner than CDC; promoted shared clinical decision-making for patient-provider choices. Welcomed offline clarification on specific examples.
Unclear: Unnamed Representative Information Only00:29:14.640 - 10:24:55 AM; Questioned the department's change in stance from strictly following CDC recommendations to considering contrary evidence, citing past 5 years on masking, COVID vaccine, and alternative therapeutics.
Unclear: President Carson Information Only00:33:49.039 - 10:29:30 AM; Moved to adopt item 25-253.
Unclear: Senator Rosenol Information Only00:33:49.039 - 10:29:30 AM; Made and seconded motion for item 25-253, adopted.
Unclear: John Formela, Attorney General, Department of Justice Information Only00:34:46.560 - 10:30:27 AM; Presented item 25-237, the annual litigation fund request of $4.3 million (plus initial $350,000 budget), 40% less than last year and 25% below 5-year average. Detailed breakdowns: $2.6M civil (1.5M YDC, 0.5M DHHS class actions, 0.6M other); $1M criminal (YDC trials ongoing, at least 6 more scheduled); $1M other office areas. Noted efforts to reduce costs amid high YDC litigation volume and budget climate; budgeted to individual case level.
Unclear: Kathy Carr, Director of Administration, Department of Justice Information Only00:34:46.560 - 10:30:27 AM; Present with the Attorney General but did not speak.
Unclear: Senator Gray Information Only00:38:02.240 - 10:33:43 AM; Appreciated cost reduction efforts. Commented critically on budgeting: chastised low initial $350K allocation vs. millions needed historically; noted this and tab 10 items will exceed $10M unbudgeted; urged future budgets reflect 90% of historical averages.
Unclear: Senator Rosenald Information Only00:39:16.960 - 10:34:57 AM; Thanked for presentation; began questions on non-YDC civil cases and assault fund.
Unclear: Senator (unnamed) Information Only00:40:02.079 - 10:35:43 AM; The senator questions the witness about settlements agreed upon by former Justice Broadick that were not paid out before he left, and whether the department lowered some amounts afterward. They ask for details on how many cases were lowered, the average amount lowered, and the total reduction.
Unclear: Department Witness (likely from HHS or settlement fund) Information Only00:40:52.640 - 10:36:33 AM; The witness explains they cannot disclose specifics due to confidentiality but notes that some information is public. They did not accept 20% of the 32 awards issued by the administrator in Nixon Peabody cases, accepted well over 50% overall, and negotiated lower amounts in others, resolving the majority. The new statute provides diligence and checks on decisions, with efforts to negotiate respectfully. Regarding Shaheen and Gordon, 75% of settlements were reportedly lowered, but fewer claims were involved, and some resolutions were reached. Lowering occurs due to formulaic calculations and a credibility component evaluating evidence; in some cases, insufficient scrutiny was applied to supporting evidence despite the multipliers. The department attends all proceedings, hearing the full story. They have not entirely dismissed cases but have ongoing negotiations; one claim remains unresolved. No claims were outright dismissed without discussion.
Unclear: Senator (unnamed) Information Only00:43:16.720 - 10:38:57 AM; The senator references the 75% lowering of Shaheen and Gordon settlements and asks for the department's reasoning, given statutory processes and algorithms for seriousness. They inquire if cases were dismissed entirely and how many.
Unclear: Senator Waters Information Only00:47:53.200 - 10:43:34 AM; Senator Waters asks if the witness can assure that no one credibly accused remains employed by the state. They follow up on complications in handling many claims and raise a related question about pensions for retired accused individuals who receive settlements.
Unclear: Department Witness Information Only00:49:02.319 - 10:44:43 AM; The witness cannot guarantee 100% but states that credible allegations lead to investigations and appropriate employment actions by HHS. Processes take time with over a thousand claims. They clarify that settling a claim does not always mean the allegation is credible enough for employment action; low-dollar settlements may occur without such determinations.
Unclear: Committee Chair Information Only00:50:03.599 - 10:45:44 AM; The chair notes an upcoming audit on the subject and calls on Senator Waters.
Unclear: Committee Information Only00:51:00.079 - 10:46:41 AM; The committee adopts item 25237 on the litigation fund after discussion.
Unclear: Shelley Winters, Deputy Commissioner, Department of Transportation Information Only00:51:51.440 - 10:47:32 AM; Shelley Winters introduces herself and Nicole Bryan, explaining the request for a two-year appropriation from the Special Railroad Fund, a non-lapsing account funded by leases, permits, and other state-owned railroad property revenues. Funds are split between tenant railroads and the department for maintenance, repairs, track work, bridges, and drainage to ensure safe movement of goods and people. They partner with four freight and two tourist railroads for quick responses to damage or preventative maintenance.
Unclear: Senator (unnamed) Information Only00:52:28.720 - 10:48:09 AM; The senator asks if all funds brought in are paid out.
Unclear: Shelley Winters Information Only00:53:28.720 - 10:49:09 AM; Statute requires paying 20% of revenues from tenant railroads to municipalities proportionally. They retain some for stability against revenue dips (e.g., COVID impacts), maintaining about $700,000 annually for repairs.
Unclear: Committee Information Only00:54:39.680 - 10:50:20 AM; The committee adopts item 25249 on the Special Railroad Fund.
Unclear: Jay Bucky, Executive Director, Judicial Council Information Only00:55:12.480 - 10:50:53 AM; Jay Bucky presents the routine request for funding, noting it's less than some years. The council budgets without prior knowledge of needs.
Unclear: Senator Rosenwald Information Only00:55:12.480 - 10:50:53 AM; Senator Rosenwald notes historical under-budgeting and that fewer public defenders were hired than recommended, leading to 100-200 additional expensive assigned counsel cases monthly. They confirm long-term costs of $2.5-5 million due to not hiring 10 extra defenders.
Unclear: Unnamed Speaker (likely fiscal staff) Information Only00:56:43.280 - 10:52:24 AM; The speaker confirms that some cases will go to contract counsel, impacting the budget line, and addresses questions about the closure of public defender offices in Manchester and Nashua. Manchester has reopened recently after a brief closure, while Nashua is currently closed to non-incarcerated individuals, focusing on incarcerated clients who are more difficult and expensive to staff.
Unclear: Senator Gray Information Only00:57:45.680 - 10:53:26 AM; Senator Gray inquires about the approved budget number to which the 5.5 million is being added, receiving a response of roughly $2 million, with the exact figure to be double-checked.
Unclear: Unnamed Speaker (likely fiscal staff) Information Only00:58:00.000 - 10:53:41 AM; The speaker responds to Senator Gray's question, noting the budget is roughly $2 million, and later moves to adopt item 25239, which is seconded and adopted by the committee. Discussion follows on funding sources, likely from the rainy day fund due to no surplus, with hopes for better revenues.
Unclear: Senator Rosenwald Information Only00:59:10.079 - 10:54:51 AM; Senator Rosenwald expresses hope that revenues improve and the committee remains watchful of spending to minimize draws from the rainy day fund.
Unclear: Senator Rosenwald Information Only01:00:01.760 - 10:55:42 AM; Senator Rosenwald questions the HHS dashboard regarding community mental health center caseloads, noting that accurate reporting was expected by September 1, 2024, but issues persist. The chief financial officer, Nathan White, responds that conversations are ongoing with data folks, and a note exists in table 8, but no permanent resolution yet.
Unclear: Nathan White, Chief Financial Officer, HHS Information Only01:00:57.119 - 10:56:38 AM; Nathan White provides an update on the mental health caseload reporting issues, indicating ongoing discussions and that a permanent resolution is pending.
Unclear: Senator Waters Information Only01:01:52.400 - 10:57:33 AM; Senator Waters invites Colonel Jordan to discuss the quarterly report, particularly the adequacy of funding for search and rescue as winter approaches.
Unclear: Colonel Jordan, NH Fish and Game Information Only01:01:52.400 - 10:57:33 AM; Colonel Jordan reports that search and rescue funding is in better shape than in many years, thanks to the Hike Safe card. They are purchasing equipment with dedicated funds, though more is needed. Rescues are increasing due to more visitors, possibly from social media promotion. He discusses promoting Hike Safe more efficiently, as it's voluntary. Improvements in IT and partnerships with groups like the Nature Conservancy will aid marketing and sales, which have increased exponentially since 2015. On hunting tags, he explains biologists monitor deer populations, balancing opportunities and damage complaints, with annual adjustments. Allowing two doe tags aids herd control; fawns born in spring become self-reliant by fall. Snowmobile registration is online but currently has a five-day wait; a compromise for instant issuance is forthcoming with SIO community input. Equipment purchases include cruisers and technology like phone tracking, which has proven effective. The Northwoods TV series is back on YouTube, aiding recruitment and promotion.
Unclear: Senator Rosenwald Information Only01:04:46.000 - 11:00:27 AM; Senator Rosenwald shares a constituent's concern about allowing five deer tags (three bucks, two does), noting overhunting in some areas. Colonel Jordan responds that biologists adjust annually based on data and complaints. On doe tags, he explains it's for herd management, and fawns survive well by fall. She also questions the status of online snowmobile registration, required by September 1; Colonel Jordan confirms it's operational with a wait, but instant issuance is being implemented.
Unclear: Senator Carr Information Only01:10:02.880 - 11:05:43 AM; Senator Carr expresses delight at the Hike Safe card's success since inception, notes the price unchanged for 10 years, and asks about potential increases. Colonel Jordan confirms discussion of a modest increase internally, without pricing out users. She inquires about equipment purchases; he mentions replacing cruisers and investing in technology like phone tracking. She asks about the Northwoods TV series; it's back on YouTube, aiding promotion, license sales, and recruitment.
Unclear: Senator Gray Information Only01:14:00.000 - 11:09:41 AM; Senator Gray pleads for the committee to go paperless for one meeting, demonstrating how to access materials online via the website, printing only the agenda for notes, to reduce reliance on big books.
Unclear: Christine Young, Director of Audits, LBA Information Only01:14:49.760 - 11:10:30 AM; Christine Young introduces the financial audit report of the Department of Justice for FY 2024, turning the presentation over to Colin Quinn.
Unclear: Colin Quinn, Audit Manager, LBA Information Only01:16:05.120 - 11:11:46 AM; Colin Quinn presents the audit report, covering internal controls, compliance, and five observations: formal policies for YDC settlement fund installments, risk assessment process, disaster recovery and business continuity plans, and state compliance on rules and reports. The department concurred with most. Prior findings status: nine resolved, three in process, one unresolved. Auditor's opinion modified due to incomplete statements. No significant issues in accounting practices, unusual transactions, or disagreements.
Unclear: Attorney General John Formella Information Only01:21:48.480 - 11:17:29 AM; AG Formella addresses compliance items, committing to update rules and reports. Protocols for rape kits and domestic violence exist but aren't formalized due to need for flexibility; may seek legislative change. Biennial report filed retroactively; attorney general report due December 1, possibly duplicative. Cold case and litigation reports will be timely, with potential statutory tweaks. On YDC policies, drafts are ready for October payments. Agrees to risk assessment by June 2025 and updating continuity plans. Responds to questions on disagreements, committing to a corrective action plan memo.
Unclear: Senator Gray Information Only01:29:42.880 - 11:25:23 AM; Senator Gray emphasizes need for action plans and milestones within three months for audits, questions handling disagreements, and unresolved items from prior audits.
Unclear: Senator Rosenwald Information Only01:36:08.639 - 11:31:49 AM; Senator Rosenwald seeks confirmation that YDC installment policies cover both claimants and attorneys.
Unclear: Senator Waters Information Only01:37:23.520 - 11:33:04 AM; Senator Waters questions observation 4 on expired arbitration form for new motor vehicles under Justice 1000, inquiring about current practices and issues; AG Formella unaware of problems but will check.
Unclear: Representative Leman Information Only01:38:24.719 - 11:34:05 AM; Representative Leman questions observation 1 regarding administrator decisions on YDC claims not supported by AG's office, asking if it's bad faith. AG Formella explains it's due to statutory changes allowing rejection, not applicable to unaccepted awards.