New Hampshire SB 441: relative to the financial responsibility for local assistance and enabling municipalities to request a hearing regarding the residency of an assisted person.

Bill Text

SB 441-FN - AS AMENDED BY THE SENATE

03/26/2026 1245s

2026 SESSION

 26-2022

 05/08

SENATE BILL 441-FN

AN ACT requiring a municipality that intends to transport a person needing substance use disorder treatment and other support services to have a memorandum of understanding with the receiving municipality prior to transport.

SPONSORS: Sen. Sullivan, Dist 18; Sen. Murphy, Dist 16; Sen. Avard, Dist 12; Rep. McLean, Hills. 15; Rep. Paquette, Hills. 25; Rep. Warden, Hills. 39; Rep. Kesselring, Hills. 18; Rep. Rice, Hills. 38

COMMITTEE: Health and Human Services

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ANALYSIS

 This bill requires a municipality that intends to transport a homeless individual to another municipality for shelter and substance use disorder treatment to enter into a memorandum of understanding (MOU) with the receiving municipality prior to transport. The bill also requires the department of health and human services to adopt rules regarding application and enforcement of such MOUs.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/26/2026 1245s 26-2022

 05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT requiring a municipality that intends to transport a person needing substance use disorder treatment and other support services to have a memorandum of understanding with the receiving municipality prior to transport.

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

 1 New Section; Aid to Assisted Persons; MOU Between Municipalities Required Prior to Transport for Substance Use Disorder Treatment. Amend RSA 165 by inserting after section 2-c the following new section: 

 165:2-d MOU Between Municipalities Required Prior to Transport for Substance Use Disorder Treatment.

 I. A municipality, or any representative of a municipality, that intends to transport or arrange for the transport of a homeless individual or other person showing symptoms of addiction or incapacitation from substance use unrelated to such person's request or application for general assistance under this chapter to another municipality for the purpose of receiving housing, shelter, addiction treatment, or related services, or to place that person within the jurisdiction of such municipality, shall first have in place a memorandum of understanding (MOU) with the receiving municipality. 

 II. The MOU shall specify the types of services to be provided by the receiving municipality, any financial contributions to be made by the sending municipality, which may include payment for some or all treatment or service costs, and any other conditions mutually agreed upon by the municipalities, including limits on the number of individuals to be transferred, coordination protocols, and reporting requirements. 

 III. This section shall not apply to emergency medical transfers, transfers by law enforcement when complying with a court order, or voluntary relocation by an individual without the assistance, arrangement, or sponsorship of a municipality or their representative.

 IV. Each municipality may develop criteria for treatment or recovery organizations that operate under the opioid abatement trust fund, established in RSA 126-A:86, or syringe service programs, established under RSA 318-B:43, on what messaging and harm reduction materials may be distributed, as well as the time and location of their distribution.

 V. Organizations working under RSA 126-A:86 or RSA 318-B:43 within a municipality may be required to offer a pathway to recovery and include literature against the use of drugs and promoting respite and recovery programs.

 VI. A municipality may disallow any organization under RSA 126-A:86 or RSA 318-B:43 from operating within its jurisdiction.

 VII. A municipality found in violation of this section shall be subject to a $5000 fine, payable to the department of health and human services, for the purpose of reimbursing the receiving municipality.

 2 Opioid Abatement Trust Fund; Rulemaking. Amend RSA 126-A:84, V to read as follows:

 V. The department of health and human services shall adopt rules under RSA 541-A necessary to implement this subdivision. Such rules shall include funding qualifications, application procedures, time-lines for receiving, reviewing and acting upon application requests, and reporting requirements. The department also shall adopt rules under RSA 541-A regarding transportation of individuals under RSA 165:2-d for substance use disorder treatment. The rules shall include provisions for the enforcement of memoranda of understanding between municipalities regardin