Out of Recess.

The House of Representatives has passed a Bill with the following title, in the passage of which it asks the concurrence of the Senate:

HB 303-FN, relative to funding of training and certification of fire fighters and emergency medical service providers program in the department of safety, extending certain motor vehicle license expiration dates, and increasing certain motor vehicle license fees.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bill numbered 303 shall be by this resolution read a first and second time by the therein listed title, and referred to the therein designated committee.

First and Second Reading and Referral

HB 303-FN, relative to funding of training and certification of fire fighters and emergency medical service providers programs in the department of safety, extending certain motor vehicle license expiration dates, and increasing certain motor vehicle license fees.

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until Tuesday, May 1, 2001 at 10:15 a.m.

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 O’Hearn led the Pledge of Allegiance.

Senators Flanders and Larsen are excused for the day.

SB 34, relative to the process for nonrenewal of teacher contracts. Education Committee. Vote 4-0. Re-referred, Senator O'Hearn for the committee.

SB 140-FN-L, relative to the formula for free and reduced-price lunches. Education Committee. Vote 4-0. Re-referred, Senator Gordon for the committee.

SB 104, relative to regional approaches to instream flow preservation. Environment Committee. Vote 5-0. Re-referred, Senator Johnson for the committee.

SB 105, relative to instream flow plan requirements. Environment Committee. Vote 5-0. Re-referred, Senator Eaton for the committee.

HB 141-L, relative to regulation of junk yards. Environment Committee. Vote 5-0. Ought to Pass, Senator Eaton for the committee.

Senator Prescott moved to have HB 141-L, relative to regulation of junk yards, laid on the table.

HB 141-L, relative to regulation of junk yards.

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities. Environment Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

SB 22, requiring certified radiologic technologists for the operation of equipment licensed under the radiological health program. Executive Departments & Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-0983s

10/01

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

AN ACT requiring the use of certified radiologic technologists for hospitals operating equipment licensed under the radiological health program.

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

1 New Paragraph; Powers and Duties of Department; Rulemaking Added. Amend RSA 125-F:5 by inserting after paragraph V the following new paragraph:

V-a. Adopt rules, pursuant to RSA 541-A concerning the reporting of certification of hospital personnel operating medical diagnostic imaging equipment as provided in RSA 125-F:7-a.

2 New Paragraph; Licensing and Registration of Sources of Radiation; Operator Certification. Amend RSA 125-F:7 by inserting after paragraph I the following new paragraph:

I-a. The department, through its program, shall require hospital personnel operating licensed medical diagnostic imaging equipment, to be persons certified as provided in RSA 125-F:7-a unless exempted under RSA 125-F:7-a, III.

3 New Section; Operators of Licensed Equipment. Amend RSA 125-F by inserting after section 7 the following new section:

125-F:7-a Hospitals Operating Licensed Equipment; Certification; Exemptions.

I. For purposes of this section, "hospital" means an institution licensed under RSA 151 which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of such persons.

II. Radiation equipment licensed by the department under this chapter which is used as medical diagnostic imaging equipment by hospital personnel shall only be operated by persons certified by the American Registry of Radiologic Technologists (ARRT) or persons exempted under paragraph III.

III. The requirements for certification of operators under paragraph II shall not apply to persons who provide medical diagnostic imaging services using medical diagnostic imaging equipment which is not located in a hospital.

IV. Hospital personnel using medical diagnostic imaging equipment licensed by the department under this chapter shall be required to provide relevant records to the department pursuant to the provisions of RSA 125-F:13.

V. The commissioner shall adopt rules pursuant to RSA 125-F:5, V-a for the information and procedures required for licensees under the program to comply with this section. Such rules shall not require any additional fees for certified operators or licensees.

4 Application of Certification Requirement. Any hospital personnel employed to operate a source of radiation licensed by the radiological health program as of the effective date of this act shall not be required to comply with the certification required in RSA 125-F:7-a as inserted by section 3 of this act until 2 years from the effective date of this act. Any person first employed or newly employed for such purpose after the effective date of this act shall comply with the provisions of RSA 125-F:7-a.

5 Effective Date. This act shall take effect 60 days after its passage.

2001-0983s

AMENDED ANALYSIS

This bill requires the use of certified radiologic technologists in hospitals for the operation of medical diagnostic imaging equipment licensed by the department of health and human services under the radiological health program.

SB 162-FN, relative to privatization contracts for public service. Executive Departments & Administration Committee. Vote 5-0. Re-referred, Senator Francoeur for the committee.

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety. Executive Departments & Administration Committee. Vote 5-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-0974s

10/01

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

AN ACT relative to the retirement system classification for the director of the division of safety services, department of safety and relative to retirement allowances for certain state employees.

Amend the bill by replacing all after section 1 with the following:

2 New Subparagraph; Unclassified and Non-classified State Employees Restored to Service. Amend RSA 100-A:3, I by inserting after subparagraph (b) the following new subparagraph:

(c) Notwithstanding the provisions of RSA 100-A:7, any member who is an unclassified or non-classified state employee eligible for retirement, may elect to withdraw from membership and apply to receive an allowance under RSA 100-A:5. Upon such election, the member shall be deemed to have terminated employment and withdrawn from membership with a retirement allowance and shall not be subject to service provisions of RSA 100-A:7.

3 Effective Date. This act shall take effect 60 days after its passage.

2001-0974s

AMENDED ANALYSIS

This bill allows the director of safety services, if certified as a police officer, to maintain group II membership in the New Hampshire retirement system.

This bill allows an unclassified or non-classified employee, who retires and subsequently returns to service, to elect to receive a retirement allowance, rather than become a member of the retirement system.

HB 181-FN, relative to group II retirement system membership for police and corrections officers who become police trainers. Executive Departments & Administration Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

SB 88-FN-A, establishing a travel and tourism development fund in the department of resources and economic development and making an appropriation therefor. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

SB 101-FN, relative to mooring permits and fees. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Below for the committee.

2001-1045s

08/09

Amend the bill by replacing section 2 with the following:

2 Mooring of Boats on Public Waters; Annual Mooring Fee. RSA 270:62, V is repealed and reenacted to read as follows:

V. An annual mooring fee of $50 shall be charged for each decal issued pursuant to this subdivision. Fees collected under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

2001-1045s

AMENDED ANALYSIS

This bill allows groups of 25 or more residents or property owners of a town or towns in which a particular body of water is located to petition the commissioner of safety to require mooring permits on the body of water, after which the commissioner shall hold a public hearing on the petition. The bill also gives the commissioner of safety authority to adopt rules establishing procedures for the public hearing process and increases the annual mooring fee. Massabesic Lake is exempted from the provisions in this bill.

SB 131-FN-A, establishing a study committee relative to charitable bingo operations. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

SB 134-FN-A, establishing a committee to study allowing the use of business logo signing on the mainline of limited access and divided highways. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

SB 165-FN, relative to the sale, registration, and use of 3-wheeled all-terrain vehicles for off-highway recreational use. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

SB 53, relative to attorneys' fees in certain circumstances under the workers' compensation law. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2001-0935s

09/01

Amend the bill by replacing section 1 with the following:

1 Attorneys’ Fees Authorized. Amend RSA 281-A:44, II to read as follows:

II. No attorney representing a claimant shall contract for, charge for, or collect a fee for legal service rendered to the claimant at the department level unless the fee has been approved by the commissioner. In determining the amount of the allowable fee, the commissioner shall consider, among other things, the nature, length and complexity of the service performed, the usual and customary charge for work of the like kind and the benefit accruing to the claimant as a result of the legal service performed; provided, however, that when an insurance carrier, self insurer, or payor acting on behalf of such carrier or self insurer disputes the causal relationship of a medical bill to the claimant’s injury, or whether a medical bill was required by the nature of the injury, and denies payment of such bill, is after a hearing, ordered to pay or reimburse the bill by the commissioner, the employee shall be entitled to reimbursement of reasonable counsel fees and costs as approved by the commissioner.

SB 65, allowing licensed alcohol and drug counselors to obtain third party payment and establishing a committee to study levels of licensure of alcohol and drug counselors. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 637-FN, requiring annual training for members of the workers' compensation appeals board. Insurance Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

CACR 16, relating to procedure for nomination and review of judges. Providing that judges shall be nominated and selected by an independent commission and reviewed every 8 years thereafter. Judiciary Committee. Vote3-1. Ought to pass with amendment, Senator Fernald for the committee.

2001-1043s

04/10

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

RELATING TO: procedure for nomination and review of judges.

PROVIDING THAT: judges shall be nominated and selected by an independent commission and reviewed every 10 years thereafter.

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

I. That article 46 of the second part of the constitution be repealed and readopted to read as follows:

[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by the judicial commission. The commission shall consist of the following: one member from each executive council district appointed by the governor, 2 of whom shall be attorneys licensed to practice law in the state of New Hampshire; 2 members appointed by the president of the senate, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; 2 members appointed by the speaker of the house, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; and 2 members to be appointed by the chief justice of the New Hampshire supreme court, one of whom shall be an active or retired judge of a state court. No member shall be an elected official or an active or retired judge of any state court other than the active or retired judge appointed by the chief justice of the supreme court. No more than 6 members of the judicial commission shall be members of any one political party. Members shall serve terms of 3 years and no member shall serve more than 2 full terms. No member shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter. The governor shall select the chair of the commission who shall have the power, together with a majority of the commission members, to establish any rules and procedures to aid in the commission’s selection of the most qualified persons for recommendation to the governor for nomination to judicial office. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation, or political affiliation. When a vacancy occurs in a judicial office, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor’s nomination of a person to fill a vacancy occurring in a judicial office shall be made from the list of names submitted by the commission. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates. The commission shall, every 10 years, review those judicial officers appointed under this article. In reviewing judicial officers, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, diligence, adherence to the code of judicial conduct, and administrative and communicative skills. Upon completion of review, the commission may remove a judge from office upon a majority vote of the commission. Any person holding a judicial appointment at the time this article is adopted shall not be subject to review.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of repealing and readopting article 46 of the constitution to read as follows:

[Art.] 46. [Nomination and Appointment of Officers; Judicial Commission.] The attorney general and all general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. Beginning January 1, 2003, all judicial officers shall be nominated and appointed by the governor and council from individuals recommended to the governor by the judicial commission. The commission shall consist of the following: one member from each executive council district appointed by the governor, 2 of whom shall be attorneys licensed to practice law in the state of New Hampshire; 2 members appointed by the president of the senate, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; 2 members appointed by the speaker of the house, one of whom shall be an attorney licensed to practice law in the state of New Hampshire; and 2 members to be appointed by the chief justice of the New Hampshire supreme court, one of whom shall be an active or retired judge of a state court. No member shall be an elected official or an active or retired judge of any state court other than the active or retired judge appointed by the chief justice of the supreme court. No more than 6 members of the judicial commission shall be members of any one political party. Members shall serve terms of 3 years and no member shall serve more than 2 full terms. No member shall be eligible for appointment to a state judicial office so long as he or she is a commission member and for one year thereafter. The governor shall select the chair of the commission who shall have the power, together with a majority of the commission members, to establish any rules and procedures to aid in the commission’s selection of the most qualified persons for recommendation to the governor for nomination to judicial office. In evaluating candidates for judicial office, the commission shall consider such factors as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, experience, diligence, administrative and communicative skills, and public service. Candidates for judicial office shall be considered without regard to race, religion, gender, national origin, sexual orientation, or political affiliation. When a vacancy occurs in a judicial office, the governor shall forthwith notify the chair of the commission of the vacancy. The commission shall proceed with diligence to recommend to the governor the names of the most qualified persons for each vacancy. The governor’s nomination of a person to fill a vacancy occurring in a judicial office shall be made from the list of names submitted by the commission. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in strict confidence by the commission but shall be available to the governor. The names of persons considered by the commission shall remain confidential except to the extent necessary for the commission to carry out its responsibility to evaluate candidates. The commission shall, every 10 years, review those judicial officers appointed under this article. In reviewing judicial officers, the commission shall consider factors such as integrity, legal knowledge and ability, judicial temperament, impartiality, commitment to justice, diligence, adherence to the code of judicial conduct, and administrative and communicative skills. Upon completion of review, the commission may remove a judge from office upon a majority vote of the commission. Any person holding a judicial appointment at the time this article is adopted shall not be subject to review."

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2001 General Court" shall be printed in bold type at the top of the ballot.

VI. That any proposed amendment approved by 2/3 of those voting on the amendment, shall become effective when the governor proclaims its adoption.

2001-1043s

AMENDED ANALYSIS

This constitutional amendment-concurrent resolution provides that beginning January 1, 2003, the judicial selection process shall be conducted through a judicial commission which shall recommend to the governor and council qualified candidates for judicial office. The judicial commission shall, every 10 years, conduct a judicial review process and may reappoint or remove a judge by a majority vote.

Senator Hollingworth moved to have CACR 16, relating to procedure for nomination and review of judges. Providing that judges shall be nominated and selected by an independent commission and reviewed every 8 years thereafter, laid on the table.

CACR 16, relating to procedure for nomination and review of judges. Providing that judges shall be nominated and selected by an independent commission and reviewed every 8 years thereafter.

SB 24, establishing a judicial nominating commission. Judiciary Committee. Vote 4-0. Re-referred, Senator Fernald for the committee.

SB 67-FN, relative to costs of locating and apprehending persons improperly at large for driving-related offenses. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-0914s

03/01

Amend the bill by replacing sections 1-2 with the following:

1 Motor Vehicles; Drivers’ Licenses; License Suspension and Revocation; Suspension for Forfeitures of Recognizances; Funding for Location and Apprehension. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner may also draw upon such fund to establish one full-time position, the duties of which shall be to locate and apprehend persons improperly at large for driving-related offenses. The person employed in such position shall be a peace officer, certified under RSA 188-F:26, and shall be a classified employee, classified at least at labor grade 17. On or before July 1 of each year, the commissioner shall submit a report to the joint legislative fiscal committee detailing the number of people apprehended pursuant to this section, any offenses charged, and the amount of money received as a result of the apprehensions. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

2 Proceedings in Criminal Cases; Bail and Recognizances; Forfeitures of Recognizances and Actions Thereon; Collection of Forfeitures, Motor Vehicles; Costs of Motor Vehicle Inspectors. Amend RSA 597:38-b, II to read as follows:

II. Payments of the forfeited recognizance under paragraph I shall be sent to the department of safety and deposited into a special fund, known as the default bench warrant fund, established in RSA 263:56-d to pay the costs of state, county, and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses, to pay the costs of a person employed pursuant to RSA 263:56-d incurred in locating and apprehending persons improperly at large for driving-related offenses, and to pay the cost of breath analyzer machines.

2001-0914s

AMENDED ANALYSIS

This bill permits the commissioner of safety to draw on the default bench warrant fund to fund a position dedicated to locating and apprehending persons improperly at large for driving-related offenses.

SB 86-FN, establishing a process for reviewing judges. Judiciary Committee. Vote 4-0. Re-referred, Senator Fernald for the committee.

SB 114, establishing a commission to study the nomination and appointment of judges. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-0930s

04/10

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

AN ACT establishing a committee to study issues relating to judicial reform, and making an appropriation therefor.

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

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. Legislative 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:

I. The merits of an independent professional conduct committee.

II. The desirability of an integrated Bar association.

III. Whether all judges should be full-time.

IV. Whether the various courts can be administered by one authority.

V. The extent to which judges are participating in activities outside of their judicial responsibilities.

VI. Whether judges can be appointed to serve in more than one court.

VII. Whether the courts are using technology in the most effective manner possible.

VIII. Any other related issues deemed relevant to the committee’s purpose.

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.

5 Report. The committee shall report its findings and any recommendations for proposed legislation 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 Appropriation. The sum of $50,000 for the fiscal year ending June 30, 2001 is hereby appropriated to the committee established by this act for the purpose of assuring that the committee’s staffing and research needs are satisfied, and to provide payment for expert testimony from individuals in other states as may be requested by the committee. The governor shall draw a warrant for said sum out of money in the treasury not otherwise appropriated.

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

2001-0930s

AMENDED ANALYSIS

This bill establishes a committee to study judicial reform issues and makes an appropriation of $50,000 for the fiscal year ending June 30, 2001 for staffing, research, and expert testimony as required by the committee.

HB 377, permitting the state of New Hampshire to file petitions with the probate court seeking review of actions by a power of attorney. Judiciary Committee. Vote 5-0

Ought to Pass, Senator Fernald for the committee.

HB 124, establishing a committee to study on-line and electronic voting. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator O'Neil for the committee.

HB 130, relative to the maintenance of boundaries and fences. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

Senator Francoeur moved to have HB 130, relative to the maintenance of boundaries and fences, laid on the table.

HB 130, relative to the maintenance of boundaries and fences.

HB 397, establishing a committee to study the status of veterans in New Hampshire. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Barnes for the committee.

HB 479, relative to dead bodies. Public Affairs Committee. Vote 4-0. Inexpedient to Legislate, Senator Roberge for the committee.

SB 132, directing the department of health and human services to coordinate a comprehensive review of demographic trends in the New Hampshire population and the impact of such trends. Public Institutions Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator McCarley for the committee.

2001-1018s

01/09

Amend RSA 126-A:4, V(c) as inserted by section 2 of the bill by replacing it with the following:

(c) The department shall report on or before November 1, 2001 and thereafter on or before November 1 in odd-numbered years to the governor, the president of the senate, and the speaker of the house relative to the progress of its efforts under this paragraph and such report shall include recommendations for legislation. The final report shall be submitted on or before November 1, 2007.

SB 161-FN-A, relative to treatment for individuals with disabilities and making an appropriation therefor. Public Institutions Health and Human Services Committee. Vote 3-1. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1015s

01/09

Amend paragraph I of section 6 of the bill by replacing it with the following:

I. The commission shall receive recommendations from the department of health and human services of proposed program sites. The commission shall review the programs, services, and security provisions for each prospective program site, shall consult with representatives of the community in which a proposed program site is located, and shall give due consideration to local concerns. The commission shall conduct a public hearing in those communities where such a proposed site would be located. The department of health and human services shall make a presentation at each public hearing regarding the proposed program, including the number of individuals to be served and the staffing and security provisions incorporated into the proposed program.

Amend the bill by replacing all after section 8 with the following:

9 New Chapter; Specialized Treatment Program. Amend RSA by inserting after chapter 135-D the following new chapter:

CHAPTER 135-E

Specialized Treatment Program

135-E:1 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

135-E:2 Specialized Treatment Program.

I. The department shall establish, subject to available appropriations, a specialized therapeutic program including secure residential care and community-based after-care treatment which is designed to meet the needs of individuals with significant cognitive limitations as well as affective or thought disorders, severe emotional disturbances, and significant functional limitations who engage in behavior that potentially endangers their community. Such programs shall be utilized when less restrictive alternatives do not provide adequate safety and security to the community.

II. One component of the program shall be designed specifically to meet the needs of young adults with serious emotional disturbance or significant learning disabilities who have been in placement through the department under RSA 169-B or RSA 169-C and who continue to need intensive treatment in order to receive the support and supervision they require until they achieve the full benefit of the treatment that has been initiated during their minority. A young adult who meets admission criteria for the program shall be admitted on a voluntary basis, or by consent of his or her guardian.

III. The department may, if necessary, request the appointment of a guardian as provided in RSA 464-A for an individual who may be legally incapacitated and who is determined to need a specialized treatment program established pursuant to this chapter.

IV. Individuals receiving treatment from a specialized treatment program established pursuant to this chapter shall have all the rights guaranteed by RSA 171-A to persons with developmental disabilities, except to the extent necessary for safety or security.

V. A comprehensive clinical assessment shall occur prior to any admission, discharge, or transfer from the program.

135-E:3 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Admission and discharge criteria for the program.

II. Program requirements.

III. The rights of individuals receiving treatment.

IV. Periodic review of each individual’s treatment to determine if the individual is served in the least restrictive setting consistent with the safety and security of the community.

V. Quality assurance processes and criteria for the program.

VI. Any other matter necessary to the administration of this chapter.

10 Rights Guaranteed. Amend RSA 171-A:29 to read as follows:

171-A:29 Rights Guaranteed. All rights guaranteed by RSA 171-A to persons with developmental disabilities shall be retained by persons involuntarily admitted under RSA 171-B except [where safety or security mandates restriction of such rights] to the extent necessary for safety or security. Any restriction of rights under this section may be appealed to the commissioner pursuant to rules adopted by the commissioner under RSA 171-A:3.

11 Order of the Court. Amend RSA 171-B:12 to read as follows:

171-B:12 Order of Court. If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to the least restrictive alternative of the following alternative consistent with the security and protection to the public:

I. Treatment and services in a receiving facility within the state developmental services delivery system or the residential settings specified in RSA 135-E:2;

II. Treatment and services within the state developmental services delivery system pursuant to RSA 171-A:4 other than in-patient treatment; or

III. Treatment and services in the secure psychiatric unit if the court determines that the programs and placements enumerated in paragraph I or II do not provide sufficient security and protection to the public.

12 Appropriation. The sum of $228,042 for operations and administration and the sum of $300,000 for capital expenditures for the fiscal year ending June 30, 2002 and the sum of $1,248,059 for operations and administration and the sum of $300,000 for capital expenditures for the fiscal year ending June 30, 2003 are hereby appropriated to the department of health and human services for the purposes of this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

13 Effective Date.

I. Section 8 of this act shall take effect July 1, 2004.

II. The remainder of this act shall take effect July 1, 2001.

SB 166-FN, relative to processing applications for the children's health insurance program (CHIP). Public Institutions Health and Human Services Committee. Vote 5-0

Inexpedient to Legislate, Senator Prescott for the committee.

Senator Prescott moved to have SB 166-FN, relative to processing applications for the children's health insurance program (CHIP), laid on the table.

SB 166-FN, relative to processing applications for the children's health insurance program (CHIP).

SB 176-FN-A, establishing an equipment depository and disabled person's employment fund in the department of administrative services. Public Institutions Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator McCarley for the committee.

2001-1028s

05/03

Amend the bill by replacing all after section 1 with the following:

2 Disabled Persons’ Employment Fund; Lapse to General Fund. Upon the effective date of section 3 of this act, any moneys remaining in the disabled persons’ employment fund shall lapse to the general fund.

3 Repeal. The following are repealed:

I. RSA 21-I:44-e, relative to the equipment depository.

II. RSA 21-I:44-f, relative to the disabled persons’ employment fund.

4 Effective Date.

I. Section 3 of this act shall take effect June 30, 2006.

II. The remainder of this act shall take effect July 1, 2001.

2001-1028s

AMENDED ANALYSIS

This bill establishes an equipment depository and disabled person’s employment fund in the department of administrative services, for purposes of purchasing adaptive equipment for disabled persons. Both the equipment depository and the fund shall be repealed on June 30, 2006.

The bill is a request of the developmental disabilities council, health and human services.

SB 191-FN-L, extending the Eric L settlement agreement. Public Institutions Health and Human Services Committee. Vote 4-0. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 326-FN-A, relative to the continuation of the New Hampshire task force on deafness and hearing loss and making an appropriation therefor. Public Institutions Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

SB 149-FN, permitting limited access to motor vehicle records for certain research purposes. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1010s

05/03

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

AN ACT permitting persons involved in motor vehicle accidents and certain medical researchers access to motor vehicle records.

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

1 New Subparagraphs; Administration of Motor Vehicle Laws; Access to Motor Vehicle Records by Certain Medical Researchers and by Persons Involved in Motor Vehicle Accidents. Amend RSA 260:14, IV(a) by inserting after subparagraph (2) the following new subparagraphs:

(3) Any person injured or involved in a motor vehicle accident or the owner of a motor vehicle or other property damaged in a motor vehicle accident. For purposes of this subparagraph, "person" shall include the personal representative of any person injured or killed in the motor vehicle accident, including the person's guardian, conservator, executor, administrator, or next of kin as defined in RSA 259:66-a.

(4) Medical researchers who initiated a specific medical research project prior to August 20, 2000 and who require access to motor vehicle records in order to complete the project. The researchers shall be entitled to the records for the life of the project, under the same terms and conditions that the department provided motor vehicle records to medical researchers prior to August 20, 2000.

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

2001-1010s

AMENDED ANALYSIS

This bill permits persons involved in motor vehicle accidents access to motor vehicle records.

The bill also permits access to motor vehicle records for medical research projects initiated prior to August 20, 2000.

SB 163-FN, relative to salaries for New Hampshire state police. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1039s

09/01

Amend RSA 99:14-a as inserted by section 1 of the bill by replacing it with the following:

99:14-a Pay Parity for State Police. Prior to July 1 of each biennium, the base salary scale for New Hampshire state police shall be reviewed. The base salary scales of the municipal police departments of the 10 most populated municipalities in New Hampshire shall be averaged. If the state base salary scale of the New Hampshire state police is less than the municipal average, then the base salary scale for the New Hampshire state police shall be adjusted to the average.

2001-1039s

AMENDED ANALYSIS

This bill requires the biennial adjustment of the base salary scale for New Hampshire state police to establish parity between such base salary scale and the average of the base salary scales of the municipal police departments of the 10 most populated municipalities in New Hampshire.

HB 116, establishing a policy for naming state highways, bridges, and buildings. Transportation Committee. Vote 3-0. Inexpedient to Legislate, Senator Eaton for the committee.

HB 369, relative to driving in highway construction and maintenance areas. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator O'Neil for the committee.

2001-1020s

03/01

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

AN ACT relative to driving in highway construction and maintenance areas and utility work areas.

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

1 New Section; Obedience to and Effect of Traffic Laws; Obedience to Flagpersons. Amend RSA 265 by inserting after section 3-a the following new section:

265:3-b Obedience to Flagpersons.

I. The driver of any vehicle shall obey the instructions of any flagperson in the act of directing, controlling, or regulating traffic within any construction, maintenance, or utility work area indicated by official traffic control devices. If the flagperson is displaying a signal to stop, the driver of a vehicle upon a way shall stop the vehicle at least 25 feet before reaching such flagperson. The driver shall not proceed until the flagperson indicates that traffic may proceed and until the driver may do so safely.

II. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not more than $100 for the first offense and not more than $250 for any subsequent offense committed during any calendar year.

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

2001-1020s

AMENDED ANALYSIS

This bill requires drivers to obey flag persons in highway construction or maintenance areas and utility work areas.

HB 459-FN, relative to inspection requirements for antique vehicles. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1019s

03/01

Amend RSA 266:1, III as inserted by section 1 of the bill by replacing it with the following:

III. If the owner of the vehicle is a company or corporation or other than a natural person, the annual inspection shall be made during the month designated by the director as the registration month for such legal entity, and motorcycles [and antique cars] shall be inspected once a year. Vehicles registered as antique motor vehicles and antique motorcycles and which are 40 years old and over shall be inspected biennially. Antique motor vehicles shall be inspected [annually] in the month of April. Motorcycles shall be inspected [annually] by July 1.

HCR 11, to evaluate regional transportation infrastructure links. Transportation Committee. Vote 3-0. Ought to Pass, Senator Gordon for the committee.

HB 273, relative to the purpose of state jurisdiction of fish and game regulation. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

HB 504, establishing a committee to study the feasibility of requesting the fish and game department to develop shooting ranges in each of the wildlife management units. Wildlife and Recreation Committee. Vote 3-1. Inexpedient to Legislate, Senator Disnard for the committee.

SB 128, relative to stress injuries under the workers' compensation law. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

2001-0971s

01/09

Amend the bill by replacing all after section 1 with the following:

2 Disability Retirement Benefits; Group I. Amend RSA 100-A:6, I(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

3 Disability Retirement Benefits; Group II. Amend RSA 100-A:6, II(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

4 Effective Date. This act shall take effect 60 days after its passage.

2001-0971s

AMENDED ANALYSIS

This bill provides that a mental injury is not compensable under the workers’ compensation act if such mental injury is substantially caused by a lawful and nondiscriminatory disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action, taken in good faith by the employer. The bill also allows public employees the opportunity to prove causation to the New Hampshire retirement system relative to mental injuries.

Senator Hollingworth offered a floor amendment.

May 1, 2001

2001-1068s

01/09

Floor Amendment to SB 128

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

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

1 Definition of "Injury"; Certain Mental Injuries not Compensable. Amend RSA 281-A:2, XI to read as follows:

XI. "Injury" or "personal injury" as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. "Injury" or "personal injury" shall not include diseases or death resulting from stress without physical manifestation. "Injury" or "personal injury" shall not include a mental injury if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action, taken in good faith by an employer. No compensation shall be allowed to an employee for injury proximately caused by the employee’s willful intention to injure himself or injure another. Conditions of the aging process, including but not limited to heart and cardiovascular conditions, shall be compensable only if contributed to or aggravated or accelerated by the injury. Notwithstanding any law to the contrary, "injury" or "personal injury" shall not mean accidental injury, disease, or death resulting from participation in athletic/recreational activities, on or off premises, unless the employee reasonably expected, based on the employer’s instruction or policy, that such participation was a condition of employment or was required for promotion, increased compensation, or continued employment.

2 Disability Retirement Benefits; Group I. Amend RSA 100-A:6, I(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

3 Disability Retirement Benefits; Group II. Amend RSA 100-A:6, II(c)(2)(C) to read as follows:

(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employee's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43, except that for any mental injury not found compensable because of the good faith exclusion in RSA 281-A:2, XI, the member shall have the opportunity to prove causation to the New Hampshire retirement system.

4 Effective Date. This act shall take effect 60 days after its passage.

2001-1068s

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. The bill also allows public employees the opportunity to prove causation to the New Hampshire retirement system relative to mental injuries.

April 27, 2001

2001-1057-EBA

04/09

Enrolled Bill Amendment to HB 242

The Committee on Enrolled Bills to which was referred HB 242

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment corrects a reference in the amending language of section 3 of the bill.

Amend section 3 of the bill by replacing line 2 with the following:

Amend 1999, 334:5 to read as follows:

Senator Pignatelli moved adoption.

April 27, 2001

2001-1055-EBA

06/09

Enrolled Bill Amendment to HJR 3

The Committee on Enrolled Bills to which was referred HJR 3

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to HJR 3

This enrolled bill amendment makes certain grammatical corrections.

Amend the resolution by replacing line 1 with the following:

Whereas, the system of locks on the Merrimack river built during the nineteenth century was a

Amend the resolution by replacing line 5 with the following:

Whereas, this system of locks represents a link to New Hampshire’s historical past; and

Senator Pignatelli moved adoption.

Senator Gordon moved to have SB 166-FN, relative to processing applications for the children's health insurance program (CHIP), taken off the table.

SB 166-FN, relative to processing applications for the children's health insurance program (CHIP).

Senator Gordon moved to substitute rereferred for inexpedient to legislate.

Senator Gordon, having voted on the prevailing side, moved reconsideration on HB 146, requiring any driver to have headlights on when continuously operating windshield wipers during inclement weather, whereby we ordered it inexpedient to legislate.

Senator Gordon moved to substitute rereferred for inexpedient to legislate.

The House of Representatives concurs with the Senate in its amendment to the following entitled Bill sent down from the Senate:

HB 489, relative to the regulation of rural electric cooperatives by the public utilities commission and relative to transition and default service and the sale of generation assets by Public Service Company of New Hampshire.

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

HB 339, prohibiting the taking of deer by baiting.

HB 501, relative to licensure of foster homes and the duties of the department of health and human services advisory board.

HB 554, establishing a division of information technology within the department of safety.

HB 569, establishing a committee to study the information, training, and support needs of family caregivers in New Hampshire.

HB 573, relative to the role of certain advanced registered nurse practitioners in the state mental health services system.

HB 576, establishing a committee to study laws, protocols, rules, and regulations pertaining to the various state agencies that have responsibilities relative to all aspects of the utilization of drug prescriptions in New Hampshire.

HB 639, relative to the preparation of town ballots.

HB 667, relative to certain reporting requirements and relative to meetings of the board of medicine.

HB 684, relative to the occupational therapy practice act.

HB 707, establishing a committee to study the usage of 211 as a uniform community service information and referral number.

HB 743, transfers the department of youth development services to the department of health and human services.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 317- 743 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 317-FN, revising the New Hampshire Aeronautics Act. Transportation

HB 339, prohibiting the taking of deer by baiting. Wildlife and Recreation

HB 501, relative to licensure of foster homes and the duties of the department of health and human services advisory board. Public Institutions, Health and Human Services

HB 554, establishing a division of information technology within the department of safety. Internal Affairs

HB 569, establishing a committee to study the information, training, and support needs of family caregivers in New Hampshire. Public Institutions, Health and Human Services

HB 573, relative to the role of certain advanced registered nurse practitioners in the state mental health services system. Public Institutions, Health and Human Services

HB 576, establishing a committee to study laws, protocols, rules, and regulations pertaining to the various state agencies that have responsibilities relative to all aspects of the utilization of drug prescriptions in New Hampshire. Public Institutions, Health and Human Services

HB 639, relative to the preparation of town ballots. Public Affairs

HB 667, relative to certain reporting requirements and relative to meetings of the board of medicine. Executive Departments and Administration

HB 684, relative to the occupational therapy practice act. Executive Departments and Administration

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

HB 707, establishing a committee to study the usage of 211 as a uniform community service information and referral number. Internal Affairs

HB 743, transfers the department of youth development services to the department of health and human services. Public Institutions, Health and Human Services

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

HB 154, relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket.

HB 186-FN, establishing a pesticides training program.

HB 219, relative to the rules of the road involving school buses.

HB 288-FN, relative to the licensure of interpreters for the deaf and hard of hearing.

HB 289-FN, implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child.

HB 305-FN, establishing a dedicated fund for certain fish and game funds to be expended for the purpose of operation game thief.

HB 373, relative to surety bonds for detective agencies and security services.

HB 394, relative to short-term health insurance policies for certain persons.

HB 402, relative to the establishment of a state universal service fund.

HB 412, relative to requiring the public higher education study committee to study the feasibility of granting of state franchise rights to providers of on-line education courses.

HB 413, relative to ownership of rail properties.

HB 429, relative to dispute resolution within the context of public employee labor relations.

HB 435, relative to assessment of service charges by municipalities and counties that accept credit cards for payment of local taxes, utility charges, or other fees.

HB 477-FN, relative to supplemental allowances for certain retired group I members of the New Hampshire retirement system.

HB 481, relative to access to certain communications common carrier records.

HB 509, establishing a statute of limitations on spousal support orders.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 154 - 509 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

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

HB 154, relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket. Public Affairs

HB 186-FN, establishing a pesticides training program. Environment

HB 219, relative to the rules of the road involving school buses. Transportation

HB 288-FN, relative to the licensure of interpreters for the deaf and hard of hearing. Executive Departments and Administration

HB 289-FN, implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child. Public Institutions, Health and Human Services

HB 305-FN, establishing a dedicated fund for certain fish and game funds to be expended for the purpose of operation game thief. Wildlife and Recreation

HB 373, relative to surety bonds for detective agencies and security services. Executive Departments and Administration

HB 394, relative to short-term health insurance policies for certain persons. Insurance

HB 402, relative to the establishment of a state universal service fund. Executive Departments and Administration

HB 412, relative to requiring the public higher education study committee to study the feasibility of granting of state franchise rights to providers of on-line education courses. Education

HB 413, relative to ownership of rail properties. Transportation

HB 429, relative to dispute resolution within the context of public employee labor relations. Executive Departments and Administration

HB 435, relative to assessment of service charges by municipalities and counties that accept credit cards for payment of local taxes, utility charges, or other fees. Public Affairs

HB 477-FN, relative to supplemental allowances for certain retired group I members of the New Hampshire retirement system. Executive Departments and Administration

HB 481, relative to access to certain communications common carrier records. Executive Departments and Administration

HB 509, establishing a statute of limitations on spousal support orders. Judiciary

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

HB 2-FN, relative to state fees, funds, revenues, and expenditures.

HB 25-FN, making appropriations for capital improvements.

HB 170-FN, repealing the legacies and succession tax.

HB 451, establishing a commission to study the impact of pay and health care benefits for child care workers on the quality of care and education for children by considering and exploring funding methods for accomplishing any recommendations.

HB 488, establishing a task force to study certain issues regarding privacy.

HB 595, relative to single producer licensing.

HB 748-FN, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 2 - 748 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

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

HB 2-FN, relative to state fees, funds, revenues, and expenditures. Finance

HB 25-FN, making appropriations for capital improvements. Capital Budgets

HB 170-FN, repealing the legacies and succession tax. Ways and Means

HB 451, establishing a commission to study the impact of pay and health care benefits for child care workers on the quality of care and education for children by considering and exploring funding methods for accomplishing any recommendations. Public Institutions, Health and Human Services

HB 488, establishing a task force to study certain issues regarding privacy. Insurance

HB 595, relative to single producer licensing. Insurance

HB 748-FN, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education. Education

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

HB 663, relative to lights on school buses.

HB 680, relative to foreign reinsurers.

HB 699, relative to the rights of non-offending parents in the context of abuse and neglect cases.

HB 702, relative to the duties of the committee to study the consumer protection effort in New Hampshire.

HB 703, relative to durable powers of attorney.

HB 731, relative to securities laws.

HB 738, establishing a commission to assess the operating efficiency of state government.

HB 753, relative to exemptions from issuer-dealer licenses for the sale of securities.

HB 764, relative to interference with custody.

HJR 5, encouraging the use of renewable energy systems in new or rehabilitated state buildings.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 663 - HJR 5 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 663, relative to lights on school buses. Transportation

HB 680, relative to foreign reinsurers. Judiciary

HB 699, relative to the rights of non-offending parents in the context of abuse and neglect cases. Judiciary

HB 702, relative to the duties of the committee to study the consumer protection effort in New Hampshire. Executive Departments and Administration

HB 703, relative to durable powers of attorney. Judiciary

HB 731, relative to securities laws. Executive Departments and Administration

HB 738, establishing a commission to assess the operating efficiency of state government. Internal Affairs

HB 753, relative to exemptions from issuer-dealer licenses for the sale of securities. Insurance

HB 764, relative to interference with custody. Judiciary

HJR 5, encouraging the use of renewable energy systems in new or rehabilitated state buildings. Energy and Economic Development

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

HB 206-FN, establishing an equipment depository and disabled persons employment fund in the Department of Administrative Services.

HB 224, relative to persons who may sign nomination papers.

HB 275, relative to the expenditure of funds received pursuant to the Workforce Investment Act.

HB 310-FN, setting the rate for the Medicaid enhancement tax for the biennium ending June 30, 2003.

HB 387, relative to the regulation of dentistry by the board of dental examiners.

HB 612, relative to expenditures from the dam maintenance fund by the department of environmental services.

HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee.

HB 615, relative to the duties of motor vehicle inspectors.

HB 622, relative to the time period for the executive council to confirm nominees to the supreme court.

HB 727, making certain changes concerning the authority and operation of the port authority.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 206 - 727 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 206-FN, establishing an equipment depository and disabled persons employment fund in the Department of Administrative Services. Executive Departments and Administration

HB 224, relative to persons who may sign nomination papers. Public Affairs

HB 275, relative to the expenditure of funds received pursuant to the Workforce Investment Act. Executive Departments and Administration

HB 310-FN, setting the rate for the Medicaid enhancement tax for the biennium ending June 30, 2003. Ways and Means

HB 387, relative to the regulation of dentistry by the board of dental examiners. Executive Departments and Administration

HB 612, relative to expenditures from the dam maintenance fund by the department of environmental services. Environment

HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee. Public Affairs

HB 615, relative to the duties of motor vehicle inspectors. Transportation

HB 622, relative to the time period for the executive council to confirm nominees to the supreme court. Judiciary

HB 727, making certain changes concerning the authority and operation of the port authority. Internal Affairs

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 Wednesday, May 9 at 1:00 p.m.

SB 22, requiring the use of certified radiologic technologists for hospitals operating equipment licensed under the radiological health program.

SB 53, relative to attorneys' fees in certain circumstances under the workers' compensation law.

SB 88-FN-A, establishing a travel and tourism development fund in the department of resources and economic development and making an appropriation therefor.

SB 101-FN, relative to mooring permits and fees.

HB 124, establishing a committee to study on-line and electronic voting.

SB 128, relative to stress injuries under the workers’ compensation law and relative to disability retirement benefits and mental injury.

SB 131-FN-A, establishing a study committee relative to charitable bingo operations.

SB 132, directing the department of health and human services to coordinate a comprehensive review of demographic trends in the New Hampshire population and the impact of such trends.

SB 134-FN-A, establishing a committee to study allowing the use of business logo signing on the mainline of limited access and divided highways.

SB 165-FN, relative to the sale, registration, and use of 3-wheeled all-terrain vehicles for off-highway recreational use.

HB 273, relative to the purpose of state jurisdiction of fish and game regulation.

HB 369, relative to driving in highway construction and maintenance areas.

HB 377, permitting the state of New Hampshire to file petitions with the probate court seeking review of actions by a power of attorney.

HB 397, establishing a committee to study the status of veterans in New Hampshire.

HCR 11, to evaluate regional transportation infrastructure links.