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

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

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

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

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

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

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

HB 511, relative to continuing medical education requirements for physicians.

HB 512, relative to off-site improvements imposed on applicants to a planning board.

HB 525, relative to property and casualty insurance.

HB 534, relative to "salvage" motor vehicles.

HB 547-FN, authorizing participation in a regional electronic roll collection system.

HB 578, relative to requirement for nonpublic utility providers of telephone services and competitive telecommunications providers, and relative to the information technology management advisory board.

HB 580, requiring health insurance carriers to provide loss information to large employers at least once every 6 months.

HB 584-FN, relative to the registration and licensure of OHRV dealers and rental agents.

HB 588, relative to examination of persons called as jurors.

HB 591, relative to certain prescription discount cards.

HB 616, clarifying sessions to be held at the satellite district court in Durham.

HB 630, establishing a committee to study the need for the regulation of professions which are alternative or complementary to existing regulated health professions.

HB 653-FN, relative to certain signs within highway rights-of-ways.

HB 659-FN, relative to penalties for attempting to purchase firearms illegally.

HB 669, requiring certain safety devices on freight locomotives.

HB 745, revising Article 9 of the Uniform Commercial Code and related statutes.

CACR 5, the rulemaking authority of the supreme court.

HB 105-FN, establishing an agricultural nutrient management program and making an appropriation therefor.

HB 152-FN, relative to expanding the legal methods of taking deer.

HB 177-FN, relative to the purchase of a wheelchair van for the veterans' home in Tilton and making an appropriation therefor.

HB 201, relative to voters presenting identification to obtain a ballot.

HB 252, relative to rules promulgated by the supreme court.

HB 270-FN, increasing the mileage reimbursement rate for members of the legislature.

HB 276-FN, relative to reimbursement of legal fees of supreme court employees who were subpoenaed and incurred legal fees during the impeachment proceedings regarding chief justice David A. Brock and making an appropriation therefor.

HB 354-FN, extending the kindergarten construction program.

HB 393-FN, relative to plant nurseries and nursery stock.

HB 399, relative to proof of qualifications for voter registration.

HB 450, relative to certain work product under the right-to-know law.

HB 463-FN, relative to protective services to adults.

HB 520, relative to clarifying qualifications of candidates.

HB 543-FN, establishing the division of ports and harbors within the Pease development authority and transferring all functions, powers, and duties of the New Hampshire state port authority.

HB 610, allowing the sale of raw milk cheese and unpasteurized apple cider in New Hampshire.

HB 676, establishing a committee to study the creation of a regional program for collection and marketing certain components of the municipal solid waste stream.

HB 677, relative to certification and filing of nomination papers.

HB 694, establishing a separate high school civics graduation requirement.

HB 698, relative to verification of checklists.

HB 720, relative to permitting the use of certain firearms for hunting deer.

HB 760-FN, relative to the use of silencing devices for taking game.

HB 158, relative to the use of an artificial light to locate moose.

HB 218, relative to the motor vehicle road toll law and motor vehicle registration fees.

HB 304, relative to insurance coverage for prostate cancer testing.

HB 320, relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads.

HB 443, relative to a state energy plan.

HB 495, relative to judicially appointed officials.

HB 590, permitting life insurance companies access to certain motor vehicle records.

HB 596, relative to the acquisition of land by a town.

HB 604, relative to increasing certain fees and making other changes to fish and game licenses.

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12.

HB 690, relative to disclosure of nonpublic personal health information.

HB 717, establishing a committee to make recommendations on policy concerning state-operated trails for all terrain vehicles and trail bikes and relative to increasing the nonresident OHRV registration fees for snow traveling vehicles.

HB 740, relative to decommissioning of nuclear electric generating facilities.

HB 758, relative to the sale of gasoline containing ethers.

HB 769, relative to fees paid by municipalities for excavating and dredging permit applications.

HCR 12, requesting that the federal government authorize greater state regulation of gas pipelines and pipelines carrying other hazardous substances.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 105 - CACR 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 511, relative to continuing medical education requirements for physicians. (Executive Departments and Administration)

HB 512, relative to off-site improvements imposed on applicants to a planning board. (Public Affairs)

HB 525, relative to property and casualty insurance. (Insurance)

HB 534, relative to "salvage" motor vehicles. (Transportation)

HB 547-FN, authorizing participation in a regional electronic roll collection system. (Transportation)

HB 578, relative to requirement for nonpublic utility providers of telephone services and competitive telecommunications providers, and relative to the information technology management advisory board. (Executive Departments and Administration)

HB 580, requiring health insurance carriers to provide loss information to large employers at least once every 6 months. (Insurance)

HB 584-FN, relative to the registration and licensure of OHRV dealers and rental agents. (Transportation)

HB 588, relative to examination of persons called as jurors. (Judiciary)

HB 591, relative to certain prescription discount cards. (Public Institutions, Health and Human Services)

HB 616, clarifying sessions to be held at the satellite district court in Durham. (Judiciary)

HB 630, establishing a committee to study the need for the regulation of professions which are alternative or complementary to existing regulated health professions. (Public Institutions, Health and Human Services)

HB 652, relative to the penalties for reckless or negligent operation of a motor vehicle. (Transportation)

HB 653-FN, relative to the penalties for reckless or negligent operation of a motor vehicle. (Transportation)

HB 659-FN, relative to penalties for attempting to purchase firearms illegally. (Judiciary)

HB 669, requiring certain safety devices on freight locomotives. (Transportation)

HB 745, revising Article 9 of the Uniform Commercial Code and related statutes. (Executive Departments and Administration)

CACR 5, the rulemaking authority of the supreme court. (Judiciary)

HB 105-FN, establishing an agricultural nutrient management program and making an appropriation therefor. (Environment)

HB 152-FN, relative to expanding the legal methods of taking deer. (Wildlife and Recreation)

HB 177-FN, relative to the purchase of a wheelchair van for the veterans' home in Tilton and making an appropriation therefor. (Public Institutions, Health and Human Services)

HB 201, relative to voters presenting identification to obtain a ballot. (Public Affairs)

HB 252, relative to rules promulgated by the supreme court. (Judiciary)

HB 270-FN, increasing the mileage reimbursement rate for members of the legislature. (Internal Affairs)

HB 276-FN, relative to reimbursement of legal fees of supreme court employees who were subpoenaed and incurred legal fees during the impeachment proceedings regarding chief justice David A. Brock and making an appropriation therefor. (Judiciary)

HB 354-FN, extending the kindergarten construction program. (Education)

HB 393-FN, relative to plant nurseries and nursery stock. (Wildlife and Recreation)

HB 399, relative to proof of qualifications for voter registration. (Public Affairs)

HB 450, relative to certain work product under the right-to-know law. (Executive Departments and Administration)

HB 463-FN, relative to protective services to adults. (Judiciary)

HB 520, relative to clarifying qualifications of candidates. (Public Affairs)

HB 543-FN, establishing the division of ports and harbors with the Pease development authority and transferring all functions, powers, and duties of the New Hampshire state port authority. (Energy and Economic Development)

HB 610, allowing the sale of raw milk cheese and unpasteurized apple cider in New Hampshire. (Environment)

HB 676, establishing a committee to study the creation of a regional program for collection and marketing certain components of the municipal solid waste stream. (Environment)

HB 677, relative to certification and filing of nomination papers. (Public Affairs)

HB 694, establishing a separate high school civics graduation requirement. (Education)

HB 698, relative to verification of checklists. (Public Affairs)

HB 720, relative to permitting the use of certain firearms for hunting. (Wildlife and Recreation)

HB 760-FN, relative to the use of silencing devices for taking game. (Wildlife and Recreation)

HB 158, relative to the use of an artificial light to locate moose. (Wildlife and Recreation)

HB 218, relative to the motor vehicle rod toll law and motor vehicle registration fees. (Transportation)

HB 304, relative to insurance coverage for prostate cancer testing. (Insurance)

HB 320, relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads. (Transportation)

HB 443, relative to a state energy plan. (Energy and Economic Development)

HB 495, relative to judicially appointed officials. (Judiciary)

HB 590, permitting life insurance companies access to certain motor vehicle records. (Insurance)

HB 596, relative to the acquisition of land by a town. (Public Affairs)

HB 604, relative to increasing certain fees and making other changes to fish and game licenses. (Wildlife and Recreation)

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12. (Education)

HB 690, relative to disclosure of nonpublic personal health information. (Insurance)

HB 717, establishing a committee to make recommendations on policy concerning state-operated trails for all terrain vehicles and trail bikes and relative to increasing the nonresident OHRV registration fees for snow traveling vehicles. (Transportation)

HB 740, relative to decommissioning of nuclear electric generating facilities. (Energy and Economic Development)

HB 758, relative to the sale of gasoline containing ethers. (Environment)

HB 769, relative to fees paid by municipalities for excavating and dredging permit applications. (Environment)

HCR 12, requesting that the federal government authorize greater state regulation of gas pipelines and pipelines carrying other hazardous substances. (Environment)

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bill numbered 199 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 committee.

First and Second Reading and Referral

SB 199, relative to the voting procedures for authorizing certain capital projects in interstate school districts. (Sen. Below, Dist 5; Rep. Nordgren, Graf 10; Rep. Benn, Graf 10: Education)

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until Thursday, May 17, 2001 at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator Francoeur led the Pledge of Allegiance.

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

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.

Senator Wheeler moved adoption.

Senator Francoeur has served notice of reconsideration on SB 194-FN, relative to retirement allowances for certain surviving spouses of group II retirement system members.

Senator D’Allesandro has served notice of reconsideration on SB 48, relative to the rental of shared living facilities.

Senator D’Allesandro has served notice of reconsideration on SB 186-FN, relative to the powers of and classification for criminal justice and consumer protection investigators of the department of justice.

Senator Cohen has served notice of reconsideration on SB 172-FN, exempting rentals of motor vehicles by governmental entities and certain nonprofit organizations from the meals and rooms tax.

Senator Gordon has served notice of reconsideration on SB 30, establishing a committee to study the DNA database of sexual offenders.

Senator Burns moved that the Rules of the Senate be so far suspended as to allow the introduction of a new Senate Bill after the deadlines have passed.

SB 201, creating a dedicated fund for the job training program for economic growth and making certain changes to the program. (Sen. Burns, Dist. 1; Sen. Wheeler, Dist. 21; Rep. Clegg, Hills. 23: Insurance)

HB 166, establishing a committee to study gas and hazardous substance pipeline safety. Environment Committee. Vote 4-0. Ought to pass with amendment, Senator Johnson for the committee.

2001-1090s

06/01

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

AN ACT requiring the gas utility restructuring oversight committee to study gas and hazardous substance pipeline safety.

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

1 New Subparagraph; Gas Utility Restructuring Oversight Committee; Duties; Pipeline Safety. Amend RSA 374:60, IV by inserting after subparagraph (b) the following new subparagraph:

(c) Study gas and hazardous substance pipeline safety.

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

2001-1090s

AMENDED ANALYSIS

This bill requires the gas utility restructuring oversight committee to study gas and hazardous substance pipeline safety.

HB 274-FN, banning the residential open burning of trash and relative to a dioxin emissions reduction and control program. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1091s

08/01

Amend RSA 125-N:3, II as inserted by section 1 of the bill by replacing it with the following:

II. The department shall not implement or impose dioxin emission limits for emissions resulting from stationary source combustion of virgin petroleum fuels, coal and untreated wood and wood products without further legislative authorization unless such limits are required to be implemented or imposed under federal authority enacted or promulgated after the date of this act.

Amend the bill by replacing section 2 with the following:

2 Effective Date.

I. RSA 125-N:5, II as inserted by section 1 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect upon its passage.

Senator Eaton moved to have HB 274-FN, banning the residential open burning of trash and relative to a dioxin emissions reduction and control program, laid on the table.

HB 274-FN, banning the residential open burning of trash and relative to a dioxin emissions reduction and control program.

HB 189-FN, increasing the facility funding limits under the oil discharge and disposal cleanup fund. Finance Committee. Vote 5-0. Ought to Pass, Senator Gatsas for the committee.

HB 203, allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-1095s

09/03

Amend the bill by replacing section 3 with the following:

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

HB 303-FN-A-L, 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. Ways and Means Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 186-FN-A, establishing a pesticides training program. Environment Committee. Vote 3-0. Ought to Pass, Senator Cohen for the committee.

Senator McCarley served notice of reconsideration on SB 196, relative to the review of wireless communications facility proposals of state agencies and of proposals received by local land use boards.

HB 612, relative to expenditures from the dam maintenance fund by the department of environmental services. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1156s

03/04

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

AN ACT relative to expenditures from the dam maintenance fund by the department of environmental services and extending a study committee report date.

Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:

6 Committee to Study the Impact of Water Withdrawals on Instream Flows and the Impact of Instream Flow Rules on Entities that Withdraw Water or are Affected by Instream Flows, Including the Relationship Between Water Withdrawals and Instream Flows on Rivers Designated for Protection Under RSA 483 and the Potential Need for the Incorporation of Criteria for the Maintenance of Instream Flow into Water Quality Standards Under RSA 485-A:8; Report Dated Extended. Amend 2000, 242:5 to read as follows:

242:5 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 December [31, 2001] 1, 2002.

2001-1156s

AMENDED ANALYSIS

This bill permits money credited to the dam maintenance fund to be used for repair and reconstruction projects on property associated with and contiguous to state-owned dam sites, as well as on noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam.

This bill also extends the report date for the committee to study the impact of water withdrawals on instream flows and the impact of instream flow rules on entities that withdraw water or are affected by instream flows, including the relationship between water withdrawals and instream flows on rivers designated for protection under RSA 483 and the potential need for the incorporation of criteria for the maintenance of instream flow into water quality standards under RSA 485-A:8.

HB 727, making certain changes concerning the authority and operation of the port authority. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

HB 120, relative to the membership of the department of youth development advisory board. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Fernald for the committee.

HB 376, allowing county commissioners serving 4-year terms to vote at state party conventions. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

HB 482, relative to airport zoning. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Barnes for the committee.

HCR 10, supporting the electoral college. Public Affairs Committee. Vote 4-1. Ought to Pass, Senator Francoeur for the committee.

HB 255, establishing a committee to study the practice of "body works." Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

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 Committee. Vote 3-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1188s

01/09

Amend subparagraph I(b) as inserted by section 3 of the bill by replacing it with the following:

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

HB 630, establishing a committee to study the need for the regulation of professions which are alternative or complimentary to existing regulated health professions. Public Institutions, Health and Human Services Committee. Vote 4-0. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 196-L, relative to the penalty for failure to license a dog or renew a dog license. Wildlife and Recreation Committee. Vote 4-0. Ought to pass with amendment, Senator Gatsas for the committee.

2001-1139s

08/01

Amend the bill by replacing section 1 with the following:

1 Licensing of Dogs; Penalties. Amend RSA 466:13 to read as follows:

466:13 Forfeiture. Whoever is the owner or keeper of a dog and who fails to license or renew the dog license pursuant to RSA 466:1 shall[, after notice provided pursuant to RSA 466:14,] forfeit $25 to the town or city clerk of the municipality in which the dog is kept. If the forfeiture is not made to the town or city clerk within 15 calendar days of the notice of forfeiture, the case shall be disposed of in a district court or municipal court as a violation with a fine not to exceed $50, notwithstanding the provisions of RSA 651:2, IV. [This] A forfeiture shall not relieve the owner or keeper of the requirement of proper licensing of the dog as required by RSA 466:1. This section shall also apply to cats, if the municipality licenses cats. Any forfeitures collected under this section may be retained by the city or town for the administration and enforcement of this chapter.

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

2 Warrants; Proceedings. Amend RSA 466:14 to read as follows:

466:14 Warrants; Proceedings. The town or city clerk shall annually, between June 1 and June 20, present to the local governing body a list of those owners of dogs that have failed to license or not renewed their dog licenses pursuant to RSA 466:1. The local governing body shall, within 20 days from June 20, issue a warrant to a local official authorized to issue a civil forfeiture for each unlicensed dog. The warrant may also authorize a local law enforcement officer to seize any unlicensed dog. The civil forfeiture may be sent by certified mail, or delivered in hand, or left at the abode of the dog owner. The cost of service shall not exceed $5 and may be recovered by the city or town in addition to the amount of the civil forfeiture. If the [licensed] unlicensed dog is seized, it shall be held in a town or city holding facility for a period of 7 days, after which time full title to the dog shall pass to the facility, unless the owner of the dog has, before the expiration of the period, caused the dog to be licensed. The owner shall pay the facility a necessary and reasonable sum per day, as agreed upon by the governing body of the town or city and the facility, for each day the dog has been kept and maintained by the facility, plus any necessary veterinary fees incurred by the facility for the benefit of the dog. Before a local law enforcement officer seizes any unlicensed dog, a written warning shall be given to the dog owner.

2001-1139s

AMENDED ANALYSIS

This bill provides that the owner or keeper of a dog who fails to license a dog or renew a dog license shall be guilty of a violation and subject to a fine of not more than $50, if the owner or keeper fails to pay the $25 civil forfeiture penalty.

Senator Francoeur moved to have HB 196-L, relative to the penalty for failure to license a dog or renew a dog license, laid on the table.

HB 196-L, relative to the penalty for failure to license a dog or renew a dog license.

HB 305-FN-A, establishing a dedicated fund for certain fish and game funds to be expended for the purpose of operation game thief. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

2001-1174-EBA

04/10

Enrolled Bill Amendment to HB 377

The Committee on Enrolled Bills to which was referred HB 377

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 changes the effective date from January 1, 2001 to January 1, 2002.

Amend the bill by replacing section 4 with the following:

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

Senator Pignatelli moved adoption.

Senator Gordon, having voted with the prevailing side, moved reconsideration on SB 30, establishing a committee to study the DNA database of sexual offenders, whereby we re-referred it to the Judiciary Committee.

SB 30, establishing a committee to study the DNA database of sexual offenders.

Senator Francoeur withdrew his notice of reconsideration on SB 194.

Senator D’Allesandro, having voted on the prevailing side, moved reconsideration on SB 48, relative to the rental of shared living facilities, whereby we ordered it to third reading.

Senator Cohen, having voted on the prevailing side, moved reconsideration on SB 172-FN, exempting rentals of motor vehicles by governmental entities and certain nonprofit organizations from the meals and rooms tax, whereby we voted inexpedient to legislate.

Senator D’Allesandro, having voted on the prevailing side, moved reconsideration on SB 186-FN, relative to the powers of and classification for criminal justice and consumer protection investigators of the department of justice, whereby we re-referred it to the Finance Committee.

Senator McCarley, having voted on the prevailing side, moved reconsideration on SB 196, relative to the review of wireless communications facility proposals of state agencies and of proposals received by local land use boards, whereby we made it inexpedient to legislate.

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 the Call of the Chair.

SB 30, relative to DNA testing of criminal offenders.

HB 120, relative to the membership of the department of youth development advisory board.

HB 166, establishing a committee to study gas and hazardous substance pipeline safety.

HB 189-FN, increasing the facility funding limits under the oil discharge and disposal cleanup fund.

HB 203, allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists.

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

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

HB 482, relative to airport zoning.

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

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

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

HCR 10, supporting the electoral college.