HB 102, allowing bankruptcy judges to perform marriages after obtaining a special license.

HB 109, establishing a committee to study the consumer protection effort in New Hampshire.

HB 113, relative to the Nute high school and library trustees.

Senator Wheeler moved adoption.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 195-196 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

First and Second Reading and Referral

SB 195-FN, permitting the department of regional community-technical colleges to lease building space from the Pease development authority in exchange for a reduction in Pease development authority’s debt owed to the state. (Sen. Johnson, Dist 3; Sen. D’Allesandro, Dist 20; Rep. Weyler, Rock 18: Education)

SB 196, relative to the review of wireless communications facility proposals of state agencies and of proposals received by local land use boards. (Sen. Below, Dist 5; Sen. Cohen, Dist 24; Rep. J. Bradley, Carr 8; Rep. R. Cooney; Rock 26; Rep. Norelli, Rock 31; Rep. N. Kaen, Straf 7: Public Affairs)

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 131, relative to the retention and disposal of certain financial disclosure forms.

HB 226, relative to instructions to voters for straight-ticket voting.

HB 255, establishing a committee to study the practice of "body works."

HB 302-FN, relative to an optional retirement allowance for certain spouses upon a retiree’s remarriage.

HB 370, relative to the regulation of the trapping by the fish and game department.

HB 376, allowing county commissioners serving 4-year terms to vote at state party conventions.

HB 444, relative to mental health services and records.

HB 446, relative to spousal and child support enforcement.

HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases.

HB 471-FN, relative to fish and game licenses issued to resident and nonresident minors and relative to complimentary fishing licenses for legally blind persons.

HB 493, exempting certain short term condominium unit owners' association rentals from the New Hampshire real estate practice act.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 131- 493 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 131, relative to the retention and disposal of certain financial disclosure forms. Public Affairs

HB 226, relative to instructions to voters for straight-ticket voting. Public Affairs

HB 255, establishing a committee to study the practice of "body works." Public Institutions, Health and Human Services

HB 302-FN, relative to an optional retirement allowance for certain spouses upon a retiree’s remarriage. Executive Departments and Administration

HB 370, relative to the regulation of the trapping by the fish and game department. Wildlife and Recreation

HB 376, allowing county commissioners serving 4-year terms to vote at state party conventions. Public Affairs

HB 444, relative to mental health services and records. Judiciary

HB 446, relative to spousal and child support enforcement. Judiciary

HB 466, relative to the selection of replacement justices for supreme court justices who are disqualified to hear cases. Judiciary

HB 471-FN, relative to fish and game licenses issued to resident and nonresident minors and relative to complimentary fishing licenses for legally blind persons. Wildlife and Recreation

HB 493, exempting certain short term condominium unit owners' association rentals from the New Hampshire real estate practice act. Executive Departments and Administration

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 337-FN, relative to the administration of the public utilities commission and establishing the position of executive director of the public utilities commission.

HB 482, relative to airport zoning.

HB 620, relative to arrangements between birth parents and adoptive parents.

HB 697, extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation.

HB 719, relative to the removal of public officials for cause.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 337-719 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 337-FN, relative to the administration of the public utilities commission and establishing the position of executive director of the public utilities commission. Executive Departments and Administration

HB 482, relative to airport zoning. Public Affairs

HB 620, relative to arrangements between birth parents and adoptive parents. Judiciary

HB 719, relative to the removal of public officials for cause. Executive Departments and Administration

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until Thursday, April 19, 2001.

The Senate met at 10:15 a.m.

A quorum was present.

The prayer was offered by the Reverend, David P. Jones, Senate Chaplain.

Senator Fernald led the Pledge of Allegiance.

HB 489, relative to the regulation of rural electric cooperatives by the public utilities commission and relative to transition and default service. Energy and Economic Development Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

Senator Below offered a floor amendment.

Sen. Burns, Dist. 1

Sen. Gordon, Dist. 2

Sen. Johnson, Dist. 3

Sen. Boyce, Dist. 4

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Flanders, Dist. 7

Sen. Disnard, Dist. 8

Sen. Roberge, Dist. 9

Sen. Eaton, Dist. 10

Sen. Fernald, Dist. 11

Sen. O’Hearn, Dist. 12

Sen. Francoeur, Dist. 14

Sen. Larsen, Dist. 15

Sen. Gatsas, Dist. 16

Sen. Barnes, Dist. 17

Sen. O’Neil, Dist. 18

Sen. Prescott, Dist. 19

Sen. D’Allesandro, Dist. 20

Sen. Wheeler, Dist. 21

Sen. Klemm, Dist. 22

Sen. Hollingworth, Dist. 23

Sen. Cohen, Dist. 24

2001-0966s

03/10

Floor Amendment to HB 489

Amend the title of the bill by replacing it with the following:

Amend section 4 of the bill by inserting after paragraph II the following new paragraphs:

III. A critically important measure that should be undertaken to protect customers from price volatility and a noncompetitive market is for the public utilities commission to delay the divestiture of Public Service Company of New Hampshire’s ("PSNH") fossil and hydro generation assets until the commission determines such sale is in the public interest. Delay in the divestiture of PSNH’s fossil and hydro generation assets would allow for the use of those assets to serve transition service. While this delay in divestiture dates is in the public interest today, the general court finds that competitive electricity markets should provide benefits for customers over the long term. When the sale of PSNH’s fossil and hydro generation assets is in the public interest, the public utilities commission should proceed with the sale of those assets in order to establish competitive electricity markets.

IV. The planned sale of PSNH’s generation assets will be done in a manner consistent with RSA 374:30.

V. Changes to RSA 369-B and RSA 374-F which are designed to protect PSNH customers from current price volatility must be accomplished in a manner that shall not affect the validity, effectiveness, or finality of Order No. 23,550 issued by the public utilities commission, and does not diminish the value of the settlement agreement to either PSNH or PSNH’s customers.

Amend the bill by replacing section 5 with the following:

5 Electric Utility Restructuring Policy Principles; Transition and Default Service. Amend RSA 374-F:3, V(b)-(c) to read as follows:

(b) As competitive markets emerge, customers should have the option of stable and predictable ceiling electricity prices through a reasonable transition period, consistent with the near term rate relief principle of RSA 374-F:3, XI. Upon the implementation of retail choice, transition service should be available for at least one but not more than [4] 5 years after [the start of] competition has been certified to exist in at least 70 percent of the state pursuant to RSA 38:36, for customers who have not yet chosen a competitive electricity supplier. Transition service should be procured through competitive means and may be administered by independent third parties. The price of transition service should increase over time to encourage customers to choose a competitive electricity supplier during the transition period. Such transition service should be separate and distinct from default service.

(c) Default service should be designed to provide a [temporary] safety net and to assure universal access and system integrity. Default service should be procured through the competitive market [and based on short-term market prices,] and may be administered by independent third parties. The [cost] allocation of the costs of administering default service should be borne by the customers of default service in a manner approved by the commission. If the commission determines it to be in the public interest, the commission may implement measures to discourage misuse, or long-term use, of default service. Revenues, if any, generated from such measures should be used to defray stranded costs.

Amend the bill by inserting after section 7 the following and renumbering the original section 8 to read as 18:

8 Limited Electrical Energy Producers; Retention of Savings by Electric Utility. Amend RSA 362-A:4-d to read as follows:

362-A:4-d Retention of Savings by Electric Utility. An electric utility that is party to an approved renegotiation of a commission order under RSA 362-A:4-c shall be entitled to retain [up to] 20 percent of the savings resulting from such renegotiation[, subject to order of the commission].

9 Electric Rate Reduction Financing and Commission Action; Definitions; Initial Transition Service End Day. Amend RSA 369-B:2, VII to read as follows:

VII. "Initial transition service end day" means [9] 33 months after competition day.

10 Authority to Issue Finance Orders; Transition Service. Amend RSA 369-B:3, IV(b)(1)(A)-(D) to read as follows:

(A) From competition day until [initial transition service end day] the completion of the sale of PSNH’s ownership interests in fossil and entitlement interests in nuclear generation assets located in New Hampshire, PSNH shall supply all transition service and default service offered in its retail electric service territory from its generation assets and, if necessary, through supplemental power purchases in a manner approved by the commission. [After initial transition service end day] Once PSNH is no longer supplying transition service, to the extent applicable, any provider or providers of transition service shall have been chosen through a competitive bid process, administered by the commission, to provide such service or as determined under RSA 374-F:3, V(e). The commission may, if it finds it to be in the public interest, divide the competitive bid process into multiple categories or multiple competitive bids;

(B)(i) Transition service for residential customers, street lighting customers, and general delivery service rate G customers shall be available until at least 24 months after initial transition service end day or as extended by the commission under RSA 374-F:3, V. From competition day until [initial transition service end day] 21 months after competition day, the price of transition service for these customers shall be $0.044 per kilowatt-hour. [From initial transition service end day to 12 months after initial transition service end day, the price of transition service for these customers shall be $0.044 per kilowatt-hour, or the competitively bid price for transition service, whichever is less. From 12 months after initial transition service end day to 24 months after] From 21 months after competition day until initial transition service end day, the price of transition service for these customers shall be $0.046 per kilowatt-hour[, or the competitively bid price for transition service for these customers, whichever is less. If the competitively bid price exceeds these fixed prices, the differences shall be reconciled for these customers in the manner prescribed in the original proposed settlement];

(ii) From initial transition service and day to the day that PSNH ceases to provide transition service, the price of transition service shall be PSNH’s actual, prudent, and reasonable costs of providing such power, as approved by the commission. Thereafter, the price of transition service, if offered, shall be the competitively bid price for transition service, or as determined under RSA 374-F:3, V(e);

(iii) At the end of the transition service period, up to 25 percent of the residential customers, street lighting customers, and general delivery service rate G customers who have not chosen a competitive supplier may be assigned randomly to registered competitive suppliers other than the transition service supplier or suppliers, if the commission finds such random assignment to be in the public interest. The commission shall develop procedures and regulations for this assignment process. Any random assignment must be affirmatively approved by an individual customer;

(C) Transition service for all other customers shall be available until at least 12 months after initial transition service end day or as extended by the commission under RSA 374-F:3, V. From competition day to [initial transition service end day] 21 months after competition day, the price of transition service for these customers shall be $0.044 per kilowatt-hour. From [initial transition service end day to 12 months after initial transition service end day] 21 months after competition day to the day that PSNH ceases to provide transition service, the price of transition service [for these customers] shall be PSNH’s actual, prudent, and reasonable costs of providing such power as approved by the commission. Thereafter, the price of transition service, if offered, shall be the competitively bid price for transition service or as determined under RSA 374-F:3, V(e);

(D) Any difference between the price of transition service from competition day to [initial transition service end day] the day that PSNH ceases to provide transition service and PSNH's actual, prudent, and reasonable costs of providing such power as determined by the commission shall first be separated between the 2 groups of customers described in subparagraphs (b)(1)(B) and (b)(1)(C), used first to offset any differences described in subparagraph (b)(1)(B), and the net then reconciled for each group of customers either by changing the recovery end date, or by decreasing the stranded cost recovery charge, as the commission finds to be in the public interest;

11 Authority to Issue Finance Orders; System Benefits Charge. Amend RSA 369-B:3, IV(b)(6) to read as follows:

(6) The total system benefits charge shall be [fixed at $0.002] no greater than $0.003 per kilowatt-hour for 33 months from competition day divided between low-income assistance and energy efficiency/conservation programs. In the event that the commission finds that a significant amount of unencumbered dollars have accumulated in either program, and are not needed for program purposes, the commission shall refund such unencumbered dollars to ratepayers in a timely manner;

12 Electric Utility Restructuring; Implementation; System Benefits Charge; Energy Efficiency Programs. Amend RSA 374-F:4, VIII(b) to read as follows:

(b) [The system benefits charge referred to in RSA 374-F:3, VI shall be limited as follows:

(1) During the first year after competition is certified to exist pursuant to RSA 38:36, the portion of the system benefits charge due to energy efficiency programs, new renewable programs, and programs for low-income customers shall not exceed 2.5 mills per kilowatt hour for any utility whose rates are at or above regional average as determined by the commission.

(2)] During the first and second year after competition is certified to exist pursuant to RSA 38:36, the portion of the system benefits charge referred to in RSA 374-F:3, VI due to energy efficiency programs, new renewable programs, and programs for low-income customers shall not exceed 3 mills per kilowatt hour for any utility [whose rates are at or above regional average as determined by the commission].

13 Sale of PSNH Generation Assets; Date. Amend 2000, 249:7, II to read as follows:

II. The sale of PSNH fossil and hydro generation assets shall take place no [later] sooner than [July 1, 2001, unless the commission finds due to circumstances beyond its control that further delay is in the public interest] 33 months after competition day as defined in RSA 369-B:2, III.

14 Energy Efficiency Program. The public utilities commission shall phase-in, as quickly as can be effectively administered by Public Service Company of New Hampshire, an energy efficiency program for Public Service Company of New Hampshire that is funded at a rate of $0.0018 per kilowatt-hour to be allocated from the system benefits charge. The public utilities commission shall not decrease the amount of the system benefits charge allocated to low-income customers due to passage of this act.

15 Liquidation of Generation Assets. As part of the public utilities commission's administration of the liquidation of Public Service Company of New Hampshire's generation assets, the commission shall:

I. Allow and consider bids for the generation assets that may include proposals for providing transition service at a ceiling price for any customer class. Should such a bid be accepted by the commission, the commission shall consider such transition service commitment as part of any supplemental power purchase or competitive bid process under RSA 369-B:3, IV(b)(1)(A) and RSA 374-F:3, V. If such transition service is used, then it shall be considered the "competitively bid price" for purposes of RSA 369-B:3, IV(b)(1)(B) and (C), as applicable.

II. Expeditiously initiate and complete, in a manner consistent with RSA 374:30, the sale of nuclear generation assets located in New Hampshire required by the settlement in a manner that benefits all New Hampshire customers with stranded cost recovery obligations associated with such assets.

16 Effect on Finance Order. The provisions of this act shall amend the specific provisions of public utilities commission Order No. 23, 550, approving the issuance of rate reduction bonds, issued by the public utilities commission in Docket No. DE 99-099. All provisions of RSA 369-B, including the amendments made by this act, and all provisions of commission Order No. 23,550, as amended by this act, shall remain in full force and effect and are hereby ratified and confirmed in all respects. The provisions of this act shall not affect the validity, effectiveness, or finality of commission Order No. 23,550, or the validity of any rate reduction bonds issued thereto. The general court finds that commission Order No. 23,550, as amended by this act, satisfies all of the conditions and requirements of RSA 369-B, as amended, including without limitation, RSA 369-B:3, IV, and is deemed to be authorized and issued pursuant to RSA 369-B, as amended, and that the implementation of such order, as amended, is in the public interest.

17 Proceedings on Municipal Petitions. The public utilities commission may stay or suspend any proceedings on petitions filed under 2000, 249:5 consistent with the provisions of this act relative to the divestiture of Public Service Company of New Hampshire assets.

2001-0966s

AMENDED ANALYSIS

This bill:

I. Makes certain provisions relating to transition service and competitive electricity supplier requirements applicable, to the same extent as for municipal utilities, to rural electric cooperatives for which a certificate of deregulation is on file with the public utilities commission.

II. Limits the charges that may be assessed by certain rural electric cooperatives against members who do not purchase generation services by or through the cooperative.

III. Grants the public utilities commission greater discretion regarding transition and default electricity services.

IV. Extends the period of transition service which Public Service Company of New Hampshire is required to provide and postpones the date of the sale of certain Public Service Company of New Hampshire generation assets.

V. Entitles an electric utility to retain 20 percent of the savings from an approved renegotiations of a public utilities commission order.

Senator Eaton moved that the Rules of the Senate be so far suspended to allow HB 489 to be read a third time and passed at the present time.

HB 489, relative to the regulation of rural electric cooperatives by the public utilities commission and relative to transition and default service.

SB 135-FN-L, relative to kindergarten funding. Education Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0883s

04/01

Amend the bill by replacing all after the enacting clause with the following:

1 New Section; Adequacy Funds for New Kindergarten Programs. Amend RSA 198 by inserting after section 42 the following new section:

198:42-a Adequacy Funds for New Kindergarten Programs. A school district that implements a new public kindergarten program on July 1, 1999 or thereafter, shall receive annually, beginning in fiscal year 2002, a kindergarten adequacy payment from the education trust fund established in RSA 198:39 to be calculated as follows:

I. Payments for each eligible kindergarten pupil shall be made at the rate of ½ the average base cost per pupil of an adequate education at the elementary level as determined under RSA 198:40.

II. The number of eligible pupils shall be the number of kindergarten pupils who reside in the district and who, on October 1 of each school year, are enrolled in an approved public kindergarten operated by the district, or are enrolled under a tuition agreement in an approved public kindergarten operated by another district, or are enrolled in an approved alternative kindergarten program operated under RSA 198:48-a.

III. The annual new kindergarten adequacy payment shall be calculated by multiplying the amount established in paragraph I by the number of pupils determined in accordance with paragraph II.

IV. The annual new kindergarten adequacy payment calculated under paragraph III shall be distributed to eligible districts on or before January 1 of each school year.

V. Notwithstanding RSA 198:39, for the fiscal year beginning July 1, 2001, and every fiscal year thereafter, a sum sufficient to distribute annual new kindergarten adequacy payments in accordance with this section shall be appropriated from the education trust fund to the department of education. For each fiscal year, the governor is authorized to draw a warrant for said sum from any moneys available in the education trust fund.

VI. When enrollments in a new public kindergarten program are included in the school district’s average daily membership in residence for the purpose of determining adequate education costs and distributing adequate education grants under RSA 198:40 through 198:42, the school district shall not be eligible to receive a new kindergarten adequacy payment calculated under this section.

2 Repeal. The following are repealed:

I. RSA 198:48-a, VII, relative to certain pupils enrolled in an approved alternative kindergarten program.

II. 1999, 65:9, I, as amended by 2000, 289:2, relative to per pupil reimbursements for new public kindergarten programs.

3 Effective Date. This act shall take effect July 1, 2001.

2001-0883s

AMENDED ANALYSIS

This bill sets forth a formula for distributing new kindergarten adequacy payments to pupils enrolled in new public kindergarten programs or an approved alternative kindergarten program. The bill also provides that kindergarten adequacy payments shall cease once kindergarten enrollment is included in the school district’s average daily membership in residence.

SB 153-FN-L, relative to adjustments to educational adequacy grants. Education Committee. Vote 3-0. Re-referred to committee, Senator O'Hearn for the committee.

SB 155-L, limiting the liability of teachers and other educational employees. Education Committee. Vote 4-1. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-0881s

06/01

Amend the bill by replacing all after the enacting clause with the following:

1 New Chapter; Teacher Liability Protection. Amend RSA by inserting after chapter 507-F the following new chapter:

CHAPTER 507-G

TEACHER LIABILITY PROTECTION

507-G:1 Title. This chapter may be cited as the "Teacher Liability Protection Act."

507-G:2 Definitions. As used in this chapter:

I. "Educational entity" means the state board of education or any other body, board, or agency that governs one or more public primary or secondary schools.

II. "Employee" means any individual elected or appointed to an educational entity, any individual who is an employee of such an entity, and any employee of a company under contract with a school or school district who is directly engaged in student-related services.

507-G:3 Liability.

I. An educational entity and its employees shall not be liable for harm caused by an act or omission of the employee on behalf of the school if:

(a) The employee was acting within the scope of his or her employment or responsibilities;

(b) The actions of the employee were carried out in conformity with local, state, and federal laws, rules, and regulations in furtherance of efforts to control, discipline, expel, or maintain order or control on school grounds or while engaged in a school sponsored activity; and

(c) The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the employee.

II. An educational entity and its employees participating in good faith in the making of a report consistent with state and federal law to the appropriate law enforcement authority or school officials shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed if that report involves a student on school grounds or engaged in a school sponsored activity that:

(a) Is under the influence of alcoholic beverages or a controlled substance not lawfully prescribed to that student.

(b) Is in possession of a firearm, alcoholic beverage, or a controlled substance not lawfully prescribed to that student.

(c) Is involved in the illegal sale or distribution of firearms, alcoholic beverages, or a controlled substance.

(d) Has committed a crime or violation of the law, or has committed a delinquent act that would be a crime or violation of the law if committed by an adult.

III. Nothing in this chapter shall be construed to alter the authority of educational entities established under RSA 31:105 and RSA 31:106 to indemnify and save harmless for loss or damage any person employed by it and any member or officer of its governing board, administrative staff, or agencies.

2 New Section; Liability for Reporting. Amend RSA 193-F by inserting after section 4 the following new section:

193-F:5 An employee of an educational entity, as defined in RSA 507-G:2, I, who in good faith has made a report under RSA 193-D or RSA 193-F shall not be subject to liability for making the report.

3 Effective Date. This act shall take effect January 1, 2002.

2001-0881s

AMENDED ANALYSIS

This bill provides liability protection for public educational entities and their employees.

SB 45, relative to the legislative oversight committee on electric utility restructuring. Energy and Economic Development Committee. Vote 5-0. Ought to Pass, Senator Johnson for the committee.

SB 83, relative to the New Hampshire film and television commission. Energy and Economic Development Committee. Vote 5-0. Ought to pass with amendment, Senator Johnson for the committee.

2001-0956s

05/01

Amend the bill by replacing all after the enacting clause with the following:

1 New Hampshire Film and Television Commission; Removing the Commission Repeal Date. Amend 1998, 179:4 to read as follows:

179:4 Repeal. RSA [12-A:41 and] 12-A:42, relative to the rulemaking requirements for the New Hampshire film and television commission, [are] is repealed.

2 Effective Date. This act shall take effect upon its passage.

2001-0956s

AMENDED ANALYSIS

This bill eliminates the repeal date for the New Hampshire film and television commission.

HB 480, relative to the divisions within the department of resources and economic development. Energy and Economic Development Committee. Vote 5-0. Ought to Pass, Senator Cohen for the committee.

HB 585, relative to the membership and duties of the council on resources and development. Energy and Economic Development Committee. Vote 5-0. Ought to pass with amendment, Senator Cohen for the committee.

2001-0957s

05/09

Amend the bill by replacing section 3 with the following:

3 New Paragraphs; Expansion of the Responsibilities of the Council on Resources and Development. Amend RSA 162-C:2 by inserting after paragraph IX the following new paragraphs:

X. Review and coordinate the distribution of funds by state agencies to local and regional entities to encourage consistency with and provide support for New Hampshire’s smart growth policies under RSA 9-B:4.

XI. Review the following actions by state agencies and ensure, in consultation with the long range capital planning and utilization committee established by RSA 17-M:1-3, that these actions are integrated into a long range capital improvement program that is updated every 2 years in conjunction with the capital budget process, and provide recommendations to the governor regarding whether the actions are consistent with New Hampshire’s smart growth policies under RSA 9-B:5:

(a) Capital budget requests;

(b) Building operation and maintenance plans; and

(c) Facility location and planning.

XII. Facilitate coordination of state agencies to support local, regional, and state planning efforts consistent with RSA 9-A:1-4.

HB 189-FN, increasing the facility funding limits under the oil discharge and disposal cleanup fund. Environment Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

HJR 3, encouraging the preservation of the system of locks on the Merrimack River. Environment Committee. Vote 2-0. Ought to Pass, Senator Cohen for the committee.

HB 232, relative to compensability of work-related stress injuries under the workers' compensation act. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2001-0907s

01/09

Amend the title of the bill by replacing it with the following:

AN ACT relative to compensability of work-related stress injuries under the workers’ compensation act and relative to election of remedies for wrongful termination or constructive discharge.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3, respectively:

2 New Paragraph; Wrongful Termination or Constructive Discharge. Amend RSA 281-A:8 by inserting after paragraph II the following new paragraph:

III. Nothing in this chapter shall derogate from any rights a former employee may have under common law or other statute to recover damages for wrongful termination of, or constructive discharge from, employment. However, if a former employee makes a claim under this chapter for compensation for injuries allegedly caused by such wrongful termination or constructive discharge, the employee shall be deemed to have elected the remedies of this chapter, and to have waived rights to recover damages for such wrongful termination or constructive discharge under common law or other statute. Similarly, if a former employee brings an action under common law or other statute to recover damages for such wrongful termination or constructive discharge, the employee shall be deemed to have waived claims under this chapter for compensation allegedly caused by such termination or discharge.

2001-0907s

AMENDED ANALYSIS

This bill provides that a mental injury is not compensable under the workers’ compensation act if such mental injury results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action, taken in good faith by the employer.

This bill also clarifies certain issues regarding remedies for wrongful termination or constructive discharge.

HB 101, requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Boyce for the committee.

Senator Larsen moved to have HB 101, requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts, laid on the table.

HB 101, requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts.

HB 242, extending the reporting deadlines for certain study committees and commissions. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

SB 129, establishing a minimum age for issuing a license to carry a concealed pistol or revolver. Judiciary Committee. Vote 3-2. Inexpedient to Legislate, Senator Prescott for the committee.

Senator Cohen moved to substitute ought to pass for inexpedient to legislate.

SB 148, relative to certain penalties for violations of the youth tobacco laws. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-0915s

05/10

Amend the bill by replacing all after the enacting clause with the following:

1 Sale and Distribution of Tobacco Products to Minors Prohibited; License Revocation. Amend RSA 126-K:4, II to read as follows:

II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $ 750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license at the location where the infraction occurred for the business or business entity or any principal thereof for a period of one year from the date of revocation. During the one year period of license revocation, no license shall be issued for the location where the infraction occurred to any entity related to a licensee whose license has been revoked.

2 Distribution of Free Samples of Tobacco Products to Minors; License Revocation. Amend RSA 126-K:5, III to read as follows:

III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the sampler’s license shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license at the location where the infraction occurred for the business or business entity or any principal thereof for a period of one year from the date of revocation. During the one year period of license revocation, no license shall be issued for the location where the infraction occurred to any entity related to a licensee whose license has been revoked.

3 Vending Machines; License Revocation. Amend RSA 78:12-d, VII to read as follows:

VII. Violations of this section shall be civil infractions punishable by administrative action by the commissioner against the licensee. Fines for violations of paragraphs I-V shall be no more than $100 for a first offense and no more than $200 for a second offense. For the third offense, the commissioner shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commissioner shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commissioner shall revoke any license at the location where the infraction occurred for the business or business entity or any principal thereof for a period of one year from the date of revocation. During the one year period of license revocation, no license shall be issued for the location where the infraction occurred to any entity related to a licensee whose license has been revoked.

4 Effective Date. This act shall take effect January 1, 2002.

Senator Wheeler offered a floor amendment.

2001-0973s

04/01

Floor Amendment to SB 148

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:

4 Youth Access to Tobacco Products; Special Provisions; Penalty Provisions Amended. Amend RSA 126-K:8, IV to read as follows:

IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $ 750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license at the location where the infraction occurred for the business or business entity or any principal thereof for a period of one year from the date of revocation. During the one year period of license revocation, no license shall be issued for the location where the infraction occurred to any entity related to a licensee whose license has been revoked.

HB 121, establishing a committee to study methods of reducing the cost of obtaining justice for low-income citizens. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Pignatelli for the committee.

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-0953s

08/01

Amend the title of the bill by replacing it with the following:

AN ACT relative to amending certain warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

Amend the bill by replacing section 1 with the following:

1 Official Ballot Referendum Form of Meeting; Amended Warrant Articles. RSA 40:13, IV(b) is repealed and reenacted to read as follows:

(b) For warrant articles that are amended, except bond articles, the following shall be placed on the official ballot:

(1) The original wording prior to amendment;

(2) The wording with amendment;

(3) The clear notation: "Neither of the above"; and

(4) The clear notation: "Vote for one choice only."

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as section 5:

4 Approval of Warrant Articles. Amend RSA 40:13, XIII to read as follows:

XIII. Approval of all warrant articles shall be by simple majority vote on unamended articles and by plurality vote on amended articles, except for questions which require a 2/3 vote by law, contract, or written agreement.

2001-0953s

AMENDED ANALYSIS

This bill requires that in political subdivisions that have adopted the official ballot referendum form of meeting, certain warrant articles amended at the first session shall appear with the following on the official ballot: the original wording prior to amendment, the wording with amendment, the clear notation: "neither of the above," and the clear notation: "vote for one choice only."

Senator Barnes moved to have SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting, laid on the table.

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees. Public Affairs Committee. Vote 4-1. Inexpedient to Legislate, Senator Roberge for the committee.

Senator Below moved to substitute ought to pass for inexpedient to legislate.

Senator Roberge moved to have SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees, laid on the table.

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees.

SB 185, relative to push-polling. Public Affairs Committee. Vote 4-0. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Fernald moved to have SB 185, relative to push-polling, laid on the table.

SB 185, relative to push-polling.

HB 395, relative to the time for the first meeting for county conventions following election. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

SB 134-FN-A, establishing a 2-year pilot program to allow businesses to use their logos on business directional signs for an added fee, and creating a committee to evaluate the program and recommend legislation. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0913s

06/01

Amend the title of the bill by replacing it with the following:

AN ACT establishing a committee to study allowing the use of business logo signing on the mainline of limited access and divided highways.

Amend the bill by replacing all after the enacting clause with the following:

1 Committee Established. There is established a study committee to study the use of business logo signing on the mainline of the interstate and turnpike systems.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties.

I. The committee shall study the possible benefits or repercussions or both, of business logo signs on the mainline of limited access and divided highways, including types of motorist services, business eligibility, bumping criteria, aesthetics, and safety, as well as costs of installation, maintenance, and annual permitting. The committee shall also study all other issues it deems necessary to its purpose and report its findings and any recommendations for proposed rules revisions and for legislation.

II. The committee shall seek input from individuals in the following industries or from representative organizations:

(a) Hospitality industry.

(b) Regional attraction industry.

(c) Tourism industry.

(d) Department of transportation.

(e) Department of safety.

(f) Department of resources and economic development.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

5 Report. The committee shall report its findings and any recommendations for proposed legislation and rules revisions to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2001.

6 Effective Date. This act shall take effect upon passage.

2001-0913s

AMENDED ANALYSIS

This bill establishes a study committee to study allowing the use of business logo signing on certain types of highways. The committee shall make its report on or before November 1, 2001.

SB 152-FN, relative to the regulation of business practices between motor vehicle manufacturers, distributors, and dealers. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0938s

05/09

Amend the bill by replacing section 6 with the following:

6 New Paragraph; Enforcement; New Hampshire Motor Vehicle Industry Board; Attorneys Fees. Amend RSA 357-C:12 by inserting after paragraph IX the following new paragraph:

X. In cases where the board finds that a violation of this chapter has occurred or there has been a failure to show good cause under RSA 357-C:7 and RSA 357-C:9, the superior court, upon petition, shall determine reasonable attorneys fees and costs and award them to the prevailing party.

2001-0938s

AMENDED ANALYSIS

This bill:

I. Defines "assemble" for purposes of the chapter regulating business practices between motor vehicle manufacturers, distributors, and dealers.

II. Specifically includes distributors in the regulation of terminations and relocations.

III. Prohibits the failure to renew a franchise or selling agreement without good cause.

IV. Permits the New Hampshire motor vehicle industry board to establish initial start-up fees.

V. Permits the department of safety to charge additional fees as necessary to assist in the operation of the board.

VI. Requires franchisers and franchisees to register with the New Hampshire motor vehicle industry board.

HB 146, requiring any driver to have headlights on when continuously operating windshield wipers during inclement weather. Transportation Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.

HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws. Transportation Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

Senator Flanders moved to have HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws, laid on the table.

HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

HB 263, naming a sidewalk in Wolfeboro the Kenneth J. MacDonald Memorial Sidewalk. Transportation Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

SB 91, prohibiting persons involved in the administration or enforcement of bingo and lucky 7 laws from participating, playing, or otherwise being involved with bingo and lucky 7 games beyond the scope of their official duties, and relative to the total value of prizes that may be awarded for bingo. Ways and Means Committee. Vote 5-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

SB 131-FN-A, authorizing the sweepstakes commission to allow and regulate multi-hall linked bingo games. Ways and Means Committee. Vote 5-0. Ought to pass with amendment, Senator Barnes for the committee.

2001-0931s

08/10

Amend the title of the bill by replacing it with the following:

AN ACT establishing a study committee relative to charitable bingo operations.

Amend the bill by replacing all after the enacting clause with the following:

1 Committee Established. There is established a committee to study the charitable bingo operations.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Two members of the senate, appointed by the president of the senate.

(b) Two members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study the operations of charitable bingo in the state. This study shall include, but not be limited to:

I. Laws related to charitable bingo operations;

II. Laws related to the use of volunteers in charitable bingo operations;

III. A comparison to commercial bingo operations;

IV. Prize limits; and

V. Ways to enhance revenue for charities, including forms of electronic bingo.

4 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the senate clerk, speaker of the house of representatives, the house clerk, the governor, and the state library on or before November 1, 2001.

6 Effective Date. This act shall take effect upon its passage.

2001-0931s

AMENDED ANALYSIS

This bill creates a committee to study charitable bingo operations.

Senator Gordon is in opposition to SB 131-FN-A.

SB 142-FN, relative to the collection of debts owed to the state. Ways and Means Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-0927s

05/03

Amend the bill by replacing all after the enacting clause with the following:

1 New Subdivision; The State and its Government; Treasurer and Accounts; Collection of Debts Due the State. Amend RSA 6 by inserting after section 43 the following new subdivision:

Collection of Debts Due the State

6:44 Collection of Public Debts by Collection Agencies or Law Firms.

I.(a) Agencies, departments, taxing districts, political subdivisions of the state, counties, and cities may retain, by written contract, private collection agencies or law firms for the purpose of collecting debts owed by any person, including any restitution that is being collected on behalf of a crime victim.

(b) The amount of the collection fee as negotiated between the governmental entity and the private collection agency or law firm shall be added to the bill of costs to be paid by the debtor and shall not exceed 35 percent of the amount collected.

II. No debt may be assigned to a collection agency or law firm unless:

(a) There have been at least 3 documented attempts to notify the debtor of the existence of the debt and of the fact that the debt may be assigned to a collection agency or law firm for collection if it is not paid; and

(b) At least 30 days have elapsed from the last notice attempt.

III. Collection agencies or law firms assigned debts under this section shall have only those remedies and powers which would be available to them as assignees of private creditors. The collection agencies or law firms are likewise bound by the provisions of RSA 358-C, governing unfair collection practices.

IV. For purposes of this section, a private collection agency or law firm shall cease its efforts designed to collect the debt and so inform the governmental entity upon the occurrence of any of the following:

(a) The private collection agency or law firm considers the debt noncollectible.

(b) A period of 180 days has elapsed since referral of the debt to the private collection agency or law firm and there has been no response by the debtor or collection of moneys.

(c) Upon demand of a judge having jurisdiction over the debtor in a criminal or civil matter.

V. For purposes of this section, the term "debt" shall include fines and other debts, including the fee required under subparagraph I(b) of this section.

2 Effective Date. This act shall take effect January 1, 2002.

2001-0927s

AMENDED ANALYSIS

This bill permits various branches of state government to retain private collection agencies or law firms to collect debts owed to the state.

SB 170-FN-L, making certain changes to the excavation tax and excavation activity tax. Ways and Means Committee. Vote 5-0. Ought to Pass, Senator Barnes for the committee.

SB 183-FN-A-L, relative to distribution of certain meals and rooms tax revenue to municipalities with affordable housing. Ways and Means Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-0934s

09/03

Amend the bill by replacing all after the enacting clause with the following:

1 Distribution of Meals and Rooms Tax Revenue to Cities and Towns Based on Affordable Housing. Amend RSA 78-A:26, II to read as follows:

II. For fiscal year 1995, instead of the 40 percent distribution in subparagraph I(b), 75 percent of each city’s or town’s 1976 distribution under RSA 78-A:23 shall be distributed under the provisions of subparagraph I(b), plus an amount equal to 75 percent of any increase in the revenue received from the meals and rooms tax for the fiscal year ending on the preceding June 30, not to exceed $2,000,000. For fiscal year 1996, the amount to be distributed shall be equal to the prior year’s distribution, plus an amount equal to 75 percent of any increase in the revenue received from the meals and rooms tax for the fiscal year ending on the preceding June 30, not to exceed $3,000,000. For fiscal year 1997 and each year thereafter, the amount to be distributed shall be equal to the prior year’s distribution plus an amount equal to 75 percent of any increase in the income received from the meals and rooms tax for the fiscal year ending on the preceding June 30, not to exceed $5,000,000, until such time as the total amount distributed annually is equal to the amount indicated in subparagraph I(b). For fiscal year 2003 and each year thereafter, the amount which is equal to 75 percent of the increase over the prior fiscal year’s meals and rooms tax revenue, not to exceed $5,000,000, shall be distributed based on the schedule for distribution established by the housing finance authority under RSA 204-C:88.

2 New Paragraph; Notice to Municipalities. Amend RSA 78-A:26 by inserting after paragraph III the following new paragraph:

IV. Within 90 days of the effective date of this paragraph, the state treasurer shall send written notice to the governing body of each municipality in the state containing the following information:

(a) That beginning with fiscal year 2003, increases in the share of the meals and rooms tax revenues that is distributed to cities and towns shall, pursuant to RSA 204-C:88, be distributed to municipalities based on the addition of new housing units which are state or federally assisted housing or manufactured housing, based on the most recent available data from the office of state planning and the New Hampshire housing finance authority.

(b) That any municipal official may contact the housing finance authority to determine:

(1) Whether the municipality will be eligible for a share of the increased rooms and meals tax revenues; and

(2) The number of additional manufactured housing units or units of state or federally assisted housing for which the municipality is projected to be eligible to receive an incentive payment in the next fiscal year.

(c) That unexpired building permits issued by the municipality for state or federally assisted housing or manufactured housing may be submitted to the housing finance authority for recalculation of eligibility pursuant to RSA 204-C:88.

3 New Subdivision; Housing Finance Authority; Distribution of Meals and Rooms Tax Revenue. Amend RSA 204-C by inserting after section 86 the following new subdivision:

Distribution of Meals and Rooms Tax Revenue

204-C:87 Definitions. In this subdivision:

I. "State or federally assisted housing" means rental housing developed for occupancy by low and moderate income families or individuals for which the owner has received a grant, loan, tax credit, or other financial subsidy from an agency or instrumentality of the state or federal government. The authority shall by August 1 of each year publish a list of housing developments qualifying under this definition and shall rely on this list in making the calculation required under RSA 204-C:88, II. Rental units in which the sole form of assistance is a portable tenant based rent subsidy, including but not limited to the federal Section 8 housing choice voucher program, shall not constitute state or federally assisted housing as used in this subdivision.

II. "Manufactured housing" means manufactured housing as defined in RSA 674:31.

III. "Eligible units" means the total of state or federally assisted housing and manufactured housing.

204-C:88 Distribution Schedule for Meals and Rooms Tax Revenue. On or before October 1 of each year, the authority shall establish a schedule for distribution of the amount which is equal to 75 percent of the increase over the prior fiscal year’s meals and rooms tax revenue to towns and cities under RSA 78-A:26, II, but not exceeding $5,000,000, and shall report this schedule to the state treasurer with certification as to its correctness. The authority shall establish this schedule in the following manner:

I. Towns and cities qualifying for a share of the distribution shall be each town or city in which eligible units were created as determined by the authority or in which building permits were issued for manufactured housing units during the previous fiscal year.

II. The authority shall allocate the funds available under RSA 78-A:26, II by dividing the total funds available by the total number of eligible units and allocating such amount or $2,500; whichever is less, for each eligible unit. The total amount distributed to all eligible cities and towns in any one year shall not exceed $5,000,000. If the total amount allocated does not equal $5,000,000, any unexpended amount shall be held by the treasurer to fund future allocations.

III. The number of housing units used by the authority in establishing this distribution schedule shall be based on the latest statistics furnished by the office of state planning.

IV. Any building permits which a town has issued for state or federally assisted housing or manufactured housing, which have not expired, shall be counted as a housing unit for the purpose of making the calculation required by paragraphs I and II of this section, upon the provision of satisfactory proof of the issuance of such permits and the type of unit permitted, to the authority.

V. The authority shall, by July 1 of each year, publish a list which specifies the number of eligible units for which each town and city is projected to be eligible for an incentive fee payment. The list shall include at least one eligible unit for each town or city. The number of eligible units shall be derived by calculating the percent of the state’s total housing units in each town or city and applying that percentage to the total eligible units which may receive an incentive payment based on the total funds available for a fiscal year divided by $2,500.

4 Repeal. RSA 204-C:87-88, relative to distribution of meals and rooms tax revenue, is repealed.

5 Effective Date

I. Section 2 of this act shall take effect upon its passage.

II. Section 4 of this act shall take effect July 1, 2008.

III. The remainder of this act shall take effect July 1, 2002.

SB 193-FN-A-L, relative to changes in the property tax system and making an appropriation therefor. Ways and Means Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-0924s

09/10

Amend the bill by replacing all after the enacting with the following:

1 Administratively Attached Boards. RSA 21-J:1-a is repealed and reenacted to read as follows:

21-J:1-a Boards Administratively Attached. The following boards shall be administratively attached to the department of revenue administration, under RSA 21-G:10:

I. The current use board, established under RSA 79-A:3.

II. The assessing standards board, established under RSA 21-J:14-a.

III. The equalization standards board, established under RSA 21-J:14-b.

2 New Subdivisions; Assessing Standards Board; Equalization Standards Board; Certification of Assessors and Auditing Authority; Cooperative Assessment Districts. Amend RSA 21-J by inserting after section 14 the following new subdivisions:

Assessing Standards Board

21-J:14-a Assessing Standards Board; Members; Appointments; Terms.

I. There is hereby established an assessing standards board which shall be administratively attached to the department of revenue administration, as provided in RSA 21-J:1-a.

II. The board shall be comprised of the following members:

(a) Five members nominated by the New Hampshire Association of Assessing Officials and appointed by the governor with the consent of the council, one of whom shall be an assessing official for a town with a population of less than 5,000; one of whom shall be an assessing official for a town with a population of more than 5,000; and one of whom shall be an assessing official for a city. Each member shall hold office for the term of such member’s position for 2 years and until a successor shall have been appointed and qualified. Any vacancy shall be filled for the unexpired term by the governor with the consent of the council.

(b) Two members of the senate appointed by the president of the senate. The term of each member shall be coterminous with the member’s term as senator. A vacancy for an unexpired term shall be filled by the president of the senate.

(c) Two members of the house of representatives appointed by the speaker of the house. The term of each member shall be coterminous with the member’s term as representative. A vacancy for an unexpired term shall be filled by the speaker of the house.

(d) The commissioner of the department of revenue administration, or the commissioner’s designee.

(e) Three members of the public appointed by the governor with the consent of the council, at least one of whom shall be a selectman in a town with a population of 5,000 or less.

III. Members of the assessing standards board who are not state employees or legislators shall each be paid $25 a day for such time as the members are actually engaged in the work of the board. All members shall be paid their actual expenses incurred as the result of such work. Non-legislative members shall be paid mileage at the same rate as state employees, but legislative members shall receive mileage at the legislative rate.

IV. The board shall annually elect a chairperson from among its members. The first meeting of the board shall be called by the first-named house member and shall be held within 30 days after the effective date of this section. A chairperson shall be elected from the board’s membership at the first meeting and annually thereafter.

21-J:14-b Powers and Duties of the Board.

I. The assessing standards board shall adopt rules, pursuant to RSA 541-A, and recommend appropriate legislation relative to:

(a) The annual update and publication of an assessing procedures manual for selectmen and boards of assessors. Such manual shall include the department of revenue administration’s appraisal manual, a calendar of tasks to be completed on a periodic basis including those tasks required by state statute, and such other information as the board deems necessary. The board shall examine the report of the expert hired by the department of revenue administration.

(b) Standards to be followed by assessors, selectmen, and the board of assessors throughout the state, relating to the administration of the property tax and assessment of real property used in any state property tax system.

(c) The establishment of certification, continuing education, and revocation and suspension standards for assessing officials. The commissioner of the department of revenue administration shall be responsible for enforcement of those standards.

(d) The establishment of standards for monitoring of local assessment practices by the department of revenue administration, standards for the adequacy of tax maps and other records, and standards for audit by the department of revenue administration of municipalities.

(e) The identification of practices which constitute sales-chasing and penalties to be adopted by the legislature regarding such practices.

(f) Forms and procedures necessary to fulfill the duties of the board consistent with board recommendations and to assure a fair opportunity for public comment.

(g) Any study conducted for the purpose of determining the status of assessing practices or the improvement of assessing in the state.

II. All standards and practices developed or identified by the board, pursuant to this section, shall be reviewed and updated annually. The board shall hold a series of at least 3 public forums annually throughout the state to receive general comment through verbal and written testimony on assessing standards and practices. After the public forums are concluded and the board has made its recommended changes, in accordance with paragraph III, the chairperson shall proceed to adopt any proposed rules.

III. The board, on or before December 1 of each year, shall report its findings and recommendations for proposed legislation to the governor, president of the senate, speaker of the house of representatives, the senate clerk, the house clerk, and the state library.

Equalization Standards Board

21-J:14-c Equalization Standards Board; Members; Appointments; Terms.

I. There is hereby established an equalization standards board which shall be administratively attached to the department of revenue administration, as provided in RSA 21-J:1-a.

II. The board shall be comprised of the following members:

(a)(1)(A) One member nominated by the New Hampshire Association of Counties and appointed by the governor with the consent of the council.

(B) One member nominated by the New Hampshire Association of School Boards and appointed by the governor with the consent of the council.

(C) One member nominated by the New Hampshire Municipal Association and appointed by the governor with the consent of the council.

(D) Two members nominated by the New Hampshire Association of Assessing Officials and appointed by the governor with the consent of the council, one of whom shall be an assessing official for a town with a population of less than 5,000, the other of whom shall be an assessing official for a town or city with a population of more than 5,000.

(2) Each member appointed under subparagraph (a)(1) shall hold office for 2 years, and until such member’s successor shall have been appointed and qualified. Any vacancy shall be filled for the unexpired term by the governor with the consent of the council.

(b) Three members of the public, one of whom shall have experience with equalization processes and one with experience in statistics, appointed by the governor with the consent of the council. Each member shall serve for a term of 3 years and until such member’s successor shall have been appointed and qualified. Any vacancy shall be filled for the unexpired term by the governor with the consent of the council.

(c) Two members of the senate, appointed by the president of the senate. The term of each member shall be coterminous with the member’s term as senator. A vacancy for an unexpired term shall be filled by the president of the senate.

(d) Two members of the house of representatives, appointed by the speaker of the house. The term of each member shall be coterminous with the member’s term as representative. A vacancy for an unexpired term shall be filled by the speaker of the house.

(e) The commissioner of the department of revenue administration, or the commissioner’s designee.

III. Members of the equalization standards board who are not state employees or legislators shall each be paid $25 a day for such time as the members are actually engaged in the work of the board. All members shall be paid their actual expenses incurred as a result of such work. Non-legislative members shall be paid mileage at the same rate as state employees, but legislative members shall receive mileage at the legislative rate.

IV. The first meeting of the board shall be called by the first-named senate member and shall be held within 30 days after the effective date of this section. A chairperson shall be elected from among the board’s membership at the first meeting and annually thereafter.

21-J:14-d Powers and Duties of the Board. The equalization standards board shall have the following powers and duties:

I. The board shall meet, at least annually, to review the procedures of the prior year’s ratio studies conducted by the department of revenue administration for the purposes of equalization and the evaluation of assessment performance and to establish procedures for improving the ratio studies for the forthcoming property tax year.

II. The board shall develop standards for equalization and shall review, revise, and approve the equalization manual published by the department of revenue administration. In developing its standards, the board shall review the standards of the International Association of Assessing Officials and any other standards that are consistent with the work of the board.

III. The board shall annually determine, vote upon, and recommend to the chairperson of the board, the ratio study procedures for use in the forthcoming tax year. The board shall hold a series of at least 3 public forums annually throughout the state to receive general comment through verbal and written testimony on the ratio study procedures. After the public forums are concluded and the board has made its recommended changes, in accordance with paragraph IV, the chairperson shall proceed to adopt any proposed rules.

IV. The board, on or before December 1 of each year, shall report its findings and recommendations for proposed legislation to the governor, president of the senate, speaker of the house of representatives, the senate clerk, the house clerk, and the state library.

V. The board shall adopt rules, on or before December 31, 2001, pursuant to RSA 541-A and with specific attention to RSA 541-A:25, relative to unfunded state mandates, relative to:

(a) Standards and procedures for the calculation of equalization ratios and confidence intervals as recommended by the board.

(b) The equalization manual.

(c) Other forms and procedures necessary to fulfill the duties of the board consistent with board recommendations and to assure a fair opportunity for public comment.

Certification of Assessors and Auditing Authority

21-J:14-e Auditing Authority. Every person, firm, or corporation making appraisals on behalf of a municipality for tax assessment purposes shall maintain records of its appraisal activities and shall make all such records available for inspection by the commissioner or authorized agents, upon request, at reasonable times during regular business hours. Any willful violation of the provisions of this section shall be subject to the penalties included in RSA 21-J:39.

21-J:14-f Certification Required.

I. Every person, whether working individually, for a firm or corporation, or as a municipal or department of revenue administration employee, making appraisals on behalf of a municipality for tax assessment purposes, except elected officials making appraisals pursuant to RSA 75:1, shall be certified by the department. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to qualifications for certification, standards for continuing education, and standards for revocation or suspension of certification. Rules adopted by the commissioner under this paragraph shall remain effective until the assessing standards board adopts rules under RSA 21-J:14-d, V.

II. No person, except boards of assessors and selectmen making appraisals pursuant to RSA 75:1, shall make appraisals on behalf of a municipality for tax assessment purposes without first obtaining the certification required by this section. Certification is non-assignable and cannot be transferred. Any person who willfully fails to obtain certification as provided in this section shall be subject to the penalties imposed under RSA 21-J:39.

21-J:14-g Suspension and Revocation of Certification.

I. The commissioner, after notice and hearing, may suspend or revoke the certification of any person or may refuse to issue or renew any certification for failure to comply with the provisions of RSA 21-J:14-e and RSA 21-J:14-f or with rules adopted by the commissioner under RSA 21-J:14-e and RSA 21-J:14-f.

II. Any person aggrieved by a suspension, revocation, or refusal of the commissioner may appeal from the ruling either by application to the board of tax and land appeals or by petition to the superior court in the county in which such person resides or maintains his or her business within 30 days after receiving written notice of the commissioner’s ruling. The board of tax and land appeals or the court, as the case may be, shall hear the appeal forthwith.

Cooperative Assessment Districts

21-J:14-h Purpose. The general court finds that the encouragement and support of the establishment of multi-jurisdictional assessing districts is in the state’s interest in order to ensure the accuracy and fairness of valuations of real property for the purposes of administration of the statewide property tax, county property taxes, school district property taxes, municipal property taxes, the distribution of various forms of state aid, and the equalization of property values among jurisdictions. The general court further recognizes that many municipalities do not have sufficient numbers of real estate parcels, sufficient varieties of real property, or sufficient levels of new development to make it practical or economical to engage full-time, trained, and certified assessing professionals. The general court further finds that the state has a vested interest in encouraging and supporting the establishment of cooperative assessing districts which can efficiently and economically provide full-time, trained, and certified assessing professionals to serve the municipalities which elect to create and join said districts.

21-J:14-i Cooperative Assessing Districts Authorized.

I. Any 2 or more municipalities may form a cooperative assessing district under this chapter by utilizing the process set forth in RSA 53-A, relative to agreements between government units.

II. A cooperative assessing district agreement may include a county as an administrative party to the agreement.

III. A cooperative assessing district may have municipalities from more than one county as members.

21-J:14-j Minimum Requirements for a District Inter-local Agreement.

I. The intergovernmental agreement used to form a cooperative assessing district shall substantially conform to the provisions outlined in RSA 53-A:3 and shall include the following:

(a) A district cost allocation formula based in whole or in part on the number of parcels of real property in each member municipality.

(b) A governing board on which each municipality in the district is represented by at least one member who has at least one vote.

(c) A term of initial membership of at least 10 years.

(d) A requirement of at least 24 months written notice and a vote of the municipality’s legislative body before a member may withdraw from the district.

(e) Provisions for holding a withdrawing municipality responsible for payment of its proportionate share of future district expenses to which the district may be committed because of the withdrawing municipality’s membership such as capital costs and retirement costs.

(f) Provisions that require a municipality which joins a district to provide its annual pro rata share of the district’s budget without regard to whether or not said share is approved and supported by the governing body, the budget committee, or the legislative body of the municipality.

(g) Provisions for administratively attaching the district staff to a political subdivision for the purposes of accounting, payroll, retirement, insurance and fringe benefits, and for compensating that political subdivision for these administrative services.

(h) A formula for staffing the district with full-time, trained, and certified professional appraisers which may be based on the number of parcels and types of properties found in the district and other necessary staff.

II. All appraisers employed by a district shall meet current standards pursuant to RSA 21-J:14-f.

3 Duties of Commissioner; Hearings. Amend RSA 21-J:3, XVIII to read as follows:

XVIII. Hear appeals on disputed taxes, penalties, and interest and on certification suspension, revocation, or rejection under RSA 21-J:14-g.

4 New Paragraph; Rulemaking. Amend RSA 21-J:13 by inserting after paragraph XI the following new paragraph:

XII. Certification, enforcement, and hearing requirements under RSA 21-J:14-f and 21-J:14-g.

5 New Paragraph; Penalties. Amend RSA 21-J:39 by inserting after paragraph III the following new paragraph:

IV.(a) No person, except elected officials making appraisals pursuant to RSA 75:1, shall willfully engage in making appraisals on behalf of a municipality for tax assessment purposes, unless such person is certified as provided in RSA 21-J:14-f.

(b) No person engaged in making appraisals on behalf of a municipality for tax assessment purposes shall willfully fail to maintain and provide the department access to the records required to be kept under RSA 21-J:14-e.

(c) Any person who violates subparagraph (a) or (b) shall be guilty of violation.

6 New Section; Option to Assign Appraisal Responsibility. Amend RSA 31 by inserting after section 95-f the following new section:

31:95-g Option to Assign Appraisal Responsibility. The legislative body of any municipality may vote to authorize the elected officials to delegate the assessing functions imposed on them under RSA 75:1, 75:11, and 79-A:5 to a person certified by the department of revenue administration under RSA 21-J:14-f.

7 Appraisals; Oaths of Selectmen and Assessors. Amend RSA 75:7 to read as follows:

75:7 Oath. The selectmen and assessors shall take and subscribe upon the copies or original inventories and assessments of both resident and nonresident taxes, furnished by them to the town clerks in their respective towns, to be recorded in the clerk’s records, the following oath, which may be subscribed before any justice of the peace or notary public: We, the selectmen and assessors of __________, [do solemnly swear] certify under the penalty of perjury that in making the inventory for the purpose of assessing the foregoing taxes [we appraised] all taxable property was appraised to the best of our knowledge and belief at its full value, [and as we would appraise the same in payment of a just debt due from a solvent debtor. So help us God] in accordance with state appraisal standards.

8 Expert Report. The commissioner of the department of revenue administration shall make available to the assessing standards board, established under RSA 21-J:14-a, and the equalization standards board, established under RSA 21-J:14-c, the findings and reports of any expert hired by the department to analyze the state’s equalization and assessing practices. Both boards shall consider the expert’s findings in carrying out their statutory duties.

9 Committee Established. There is hereby established a committee to study the role of selectmen in the assessing function and to study the feasibility of establishing a professional assessors’ licensing board to improve the practice of assessing in the state of New Hampshire.

10 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

11 Duties. The committee shall study:

I. The role of selectmen in the assessing process.

II. The feasibility of establishing a professional assessors licensing board. The committee shall focus on whether such a board would improve the practice of assessing the state of New Hampshire and on the related part I, article 28-a cost issues.

III. Other matters pertaining to improving the administration and equity of the state’s property tax system.

12 Chairperson; Quorum. The members of the study committee shall elect a chairperson form 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. Four members of the committee shall constitute a quorum.

13 Report. The committee shall report its findings and any recommendations for proposed legislation to the governor, the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, and the state library on or before December 1, 2001.

14 Equalized Valuation. Amend RSA 21-J:3, XIII to read as follows:

XIII. Equalize annually by May 1 the valuation of the property as assessed in the several towns, cities, and unincorporated places in the state including the value of property exempt pursuant to RSA 72:37, 72:37-b, 72:39-a, 72:62, 72:66, and 72:70 by adding to or deducting from the aggregate valuation of the property in towns, cities, and unincorporated places such sums as will bring such valuations to the true and market value of the property, [including the equalized value of property formerly taxed pursuant to the provisions of RSA 72:7; 72:15, I, V, VII, VIII, IX, X, and XI; 72:16; 72:17; 73:26; 73:27; and 73:11 through 16 inclusive, which were relieved from taxation by the laws of 1970, 5:3; 5:8; 57:12; and 57:15, the equalized valuation of which is to be determined by the amount of revenue returned in such year in accordance with RSA 31-A,] and by making such adjustments in the value of other property from which the towns, cities, and unincorporated places receive taxes or payments in lieu of taxes as may be equitable and just, so that any public taxes that may be apportioned among them shall be equal and just. In carrying out the duty to equalize the valuation of property, the commissioner shall follow the procedures set forth in RSA 21-J:9-a.

15 Appropriation. Notwithstanding the provisions of RSA 198:39, the sum of $1 is hereby appropriated for the biennium ending June 30, 2003 from the education trust fund established in RSA 198:39 to the department of revenue administration, for the purpose of administering this act.

16 Effective Date.

I. Section 15 of this act shall take effect July 1, 2001.

II. Sections 9-13 of this act shall take effect upon its passage.

III. The remainder of this act shall take effect 60 days after its passage.

2001-0924s

AMENDED ANALYSIS

I. Establishes an assessing standards board and an equalization standards board, both of which are administratively attached to the department of revenue administration.

II. Requires appraisers, except for boards of assessors and selectmen, to be certified by the department of revenue administration. The bill grants the department the authority to audit such appraisers.

III. Permits 2 or more municipalities to form a cooperative assessing district.

IV. Makes a change in the formula for annual equalization of valuation of property by the department of revenue administration.

V. Establishes a committee to study the role of selectmen in the assessing function and the feasibility of establishing a professional assessors’ licensing board.

VI. Makes an appropriation for purposes of the bill.

Senator Barnes moved that the Rules of the Senate be so far suspended as to allow a committee hearing not in the calendar.

SB 193-FN-A-L, relative to changes in the property tax system and making an appropriation therefor.

HB 236, relative to the registration of deer. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator Eaton for the committee.

HB 367-L, relative to the establishment of a town forest in the town of Randolph. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

Senator Eaton offered a floor amendment.

2001-0972s

08/09

Floor Amendment to HB 367-LOCAL

Amend the title of the bill by replacing it with the following:

Amend the bill by inserting after section 3 the following and renumbering the original section 3 to read as section 4:

3 Property not Taken Over by District. Amend RSA 195:9-a to read as follows:

195:9-a Whenever a cooperative district is formed and assumes all of the functions of a preexisting school district but does not take over all of the property in a preexisting district, the school board of such preexisting district shall call a special school district meeting prior to the time of establishment of the cooperative district to see what action shall be taken relative to the remaining property. Where such special meeting neglects to dispose of remaining real property, the successor in interest to a preexisting school district that is coextensive with a city or town is the city or town.

2001-0972s

AMENDED ANALYSIS

This bill enables the town of Randolph to assign the management of any town forest in Randolph to any management body as the town may designate or establish.

This bill enables the town of Randolph to establish a town forest management revolving fund, with all proceeds or income from the forest placed into the fund, and allows the town to place additional amounts from any source into the fund. The management body designated by the town shall have authority to make expenditures from the fund for purposes of town forest management, and shall make an annual report to the town showing information regarding fund receipts and expenditures.

This bill also determines the successor of school real property when the school district preexists the town.

Senator Cohen moved to have SB 10, relative to the transcription of hearings before standing committees of the senate, taken off the table.

SB 10, relative to the transcription of hearings before standing committees of the senate.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 118, authorizing physicians who practice medicine in certain states other than the state of New Hampshire to complete certifications exempting children residing in the state of New Hampshire from immunization.

HB 125, naming New Hampshire route 12-A from West Lebanon to the Cornish-Windsor Bridge the Maxfield Parrish Highway.

HB 228, relative to dealing in and possessing prescription drugs by podiatrists.

HB 254, naming a certain bridge in the town of Charlestown.

HJR 1, urging Congress to expand eligibility for membership in the American Legion.

Senator Pignatelli moved adoption.

Senator Francoeur moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, House messages, enrolled bills and amendments and that when we adjourn we adjourn to May 1, 2001.

SB 45, relative to the legislative oversight committee on electric utility restructuring.

SB 83, relative to the New Hampshire film and television commission.

HB 121, establishing a committee to study methods of reducing the cost of obtaining justice for low-income citizens.

SB 148, relative to certain penalties for violations of the youth tobacco laws.

SB 155-L, limiting the liability of teachers and other educational employees.

SB 193-FN-A-L, relative to changes in the property tax system and making an appropriation therefor.

HB 232, relative to compensability of work-related stress injuries under the workers' compensation act.

HB 236, relative to the registration of deer.

HB 242, extending the reporting deadlines for certain study committees and commissions.

HB 263, naming a sidewalk in Wolfeboro the Kenneth J. MacDonald Memorial Sidewalk.

HB 367-L, relative to the establishment of a town forest in the town of Randolph.

HB 395, relative to the time for the first meeting for county conventions following election.

HB 480, relative to the divisions within the department of resources and economic development.

HB 585, relative to the membership and duties of the council on resources and development.

HJR 3, encouraging the preservation of the system of locks on the Merrimack River.