The Senate met at 10:15 a.m.

A quorum was present.

The prayer was offered by the Reverend, Richard L. Rush, Senate Guest Chaplain.

Senator Larsen led the Pledge of Allegiance.

HB 237, relative to filling a vacancy in an alumni trustee position on the board of trustees of the university system. Education Committee. Vote 4-0. Re-referred, Senator Disnard for the committee.

HB 594, establishing a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors. Education Committee. Vote 4-0. Ought to Pass, Senator O'Hearn for the committee.

HCR 13, calling on the President and the Congress to fully fund the federal government's share of special education services in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act. Education Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1200s

04/10

Amend the resolution by replacing the fourth and fifth paragraphs after the title with the following:

Whereas, when the federal government enacted the Individuals with Disabilities Education Act, it promised to fund up to 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States; and

Whereas, the federal government currently funds, on average, less than 14 percent of the average per pupil expenditure in public elementary and secondary schools in the United States; and

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

That the New Hampshire general court urges the President and the Congress, prior to spending any surplus in the federal budget, to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States as promised under the Individuals with Disabilities Education Act to ensure that all children, regardless of disability, receive a quality education and are treated with the dignity and respect they deserve; and

That copies of this resolution be forwarded by the house clerk to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the New Hampshire congressional delegation.

HB 105-FN-A, establishing an agricultural nutrient management program and making an appropriation therefor. Environment Committee. Vote 3-0. Ought to Pass, Senator Prescott for the committee.

HB 610, allowing the sale of raw milk cheese and unpasteurized apple cider in New Hampshire. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Johnson for the committee.

2001-1272s

08/09

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

1 Sale of Dairy Products; Sale of Raw Milk Cheese Allowed. Amend RSA 184:30-a to read as follows:

184:30-a Pasteurization Required. No milk or milk products as defined in RSA 184:79 shall be sold, offered for sale or served unless pasteurized. This shall not serve to prohibit the direct sale of raw milk or cream from the producer, store or milk pasteurization plant to the final consumer, or milk or cream from a producer to stores, nor the serving of raw milk at bona fide boarding houses where the milk is produced on the premises, provided that in the dining room of such boarding houses a sign is prominently displayed stating that such raw milk is served therein, nor the sale, within the state, of cheese made from raw milk when such cheese has been aged a minimum of 60 days at a temperature above 35 degrees fahrenheit, and is clearly labeled as unpasteurized.

2 New Paragraph; Manufacture and Sale of Unpasteurized Cider. Amend RSA 434:40-b by inserting after paragraph IV the following new paragraph:

V. That unpasteurized cider may be sold within the state if such cider is clearly labeled as unpasteurized.

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

2001-1272s

AMENDED ANALYSIS

This bill allows the sale of cheese made from raw milk if such cheese is aged for 60 days and the sale of unpasteurized apple cider within the state. Such products shall be clearly labeled as unpasteurized.

HB 676-L-A, establishing a committee to study the creation of a regional program for collection and marketing certain components of the municipal solid waste stream. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1271s

08/09

Amend the bill by replacing section 3 with the following:

3 Duties. The committee shall study the creation of enabling legislation for the formation of regional districts for collection and marketing of certain components in the solid waste stream including, but not limited to, aluminum, steel, various metals, newsprint, plastics, and glass, and the collection of other post-consumer wastes. The purpose of such districts shall be to reduce toxicity in the solid waste stream, reduce the amount of solid waste destined for disposal, and allow increased public sector management of waste materials. A component of proposed legislation may be state reimbursement of costs to municipalities that are members of such regional districts.

HB 769-FN-L, relative to fees paid by municipalities for excavating and dredging permit applications. Environment Committee. Vote 3-0. Ought to Pass, Senator Johnson for the committee.

HCR 5, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation. Environment Committee. Vote 3-0. Ought to pass with amendment, Senator Johnson for the committee.

2001-1269s

08/01

Amend the resolution by replacing all after the title with the following:

Whereas, the state of New Hampshire is both an importer and exporter of municipal solid waste; and

Whereas, New Hampshire has successfully reduced solid waste imports from approximately 740,000 tons in 1998 to approximately 300,000 tons in 2000; and

Whereas, the long-term demand for New Hampshire’s solid waste disposal capacity has been approximately in balance with new solid waste capacity being permitted and developed; and

Whereas, actions in other states may directly increase or decrease the burden on New Hampshire to develop new capacity of municipal solid waste disposal; and

Whereas, the legislature, the department of environmental services, the governor’s office of recycling, the non-profit Northeast Resource Recovery Association, and municipal governments are increasing diversion of waste from landfills and incinerators through increased reuse and recycling; and

Whereas, New Hampshire seeks to manage its waste disposal in the public interest by assuring adequacy of disposal capacity while protecting the environment and public health; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That New Hampshire’s congressional delegation and the federal government are strongly urged to analyze the effectiveness of legislation on smaller states, such as New Hampshire, when dealing with interstate waste legislation; and

That New Hampshire’s congressional delegation and the federal government are urged to support the movement of waste in interstate commerce; and

That New Hampshire’s congressional delegation and the federal government are strongly urged to support policies which create incentives for each state to plan for the processing and disposal of its municipal solid waste within its own borders; and

That copies of this resolution be forwarded by the house clerk to the New Hampshire congressional delegation.

2001-1269s

AMENDED ANALYSIS

This house concurrent resolution urges the federal government and New Hampshire’s congressional delegation to:

I. Analyze the effectiveness on smaller states when dealing with interstate waste legislation.

II. Support the movement of waste in interstate commerce.

III. Support policies which create incentives for each state to plan for processing and disposal of its municipal solid waste within its own borders.

HB 129, relative to amending condominium instruments governing assignment of limited common areas. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Larsen for the committee.

HB 164, relative to exceptions to the confidentiality of certain department of employment security records. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

HB 175, relative to the amount of the homestead right. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 183-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Prescott for the committee.

HB 245, relative to the duties and staff of the state geologist. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

HB 261-FN, including the judiciary as a public employer under the public employee labor relations act. Executive Departments and Administration Committee. Vote 3-2. Ought to Pass, Senator Larsen for the committee.

Senator Francoeur moved to have HB 261-FN, including the judiciary as a public employer under the public employee labor relations act, laid on the table.

HB 261-FN, including the judiciary as a public employer under the public employee labor relations act.

HB 302-FN, relative to an optional retirement allowance for certain spouses upon a retiree's remarriage. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

HB 337-FN, relative to the administration of the public utilities commission and establishing the position of executive director of the public utilities commission. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 347-FN, relative to terminal pay for certain state officials or employees. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 362-FN, relative to the practice of veterinary medicine. Executive Departments and Administration Committee. Vote 3-2. Ought to Pass, Senator Prescott for the committee.

HB 371, relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

Senator D’Allesandro offered a floor amendment.

2001-1080s

05/10

Amendment to HB 371

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

Amend the bill by inserting after section 2 the following and renumber the original section 3 to read as section 5:

3 Administrative Procedure Act; Review by the Joint Legislative Committee on Administrative Rules; Deadline for Sponsorship of Joint Resolution Extended. Amend RSA 541-A:13, VII(b) to read as follows:

(b) If an agency responds to a preliminary or revised objection but the basis for objection has not been removed or the response creates a new basis for objection, the committee may, within [45] 50 days from the date on which the objection response was due and by majority vote of the entire committee, recommend legislative action through sponsorship of a joint resolution to implement its recommendation. Such vote shall prevent the rule from being adopted and filed by the agency for the period of time specified in subparagraph VII(c).

4 Administrative Procedure Act; Final Adoption; Time Period for Committee Review of Preliminary Objection Response Extended. Amend RSA 541-A:14, I(d) to read as follows:

(d) Passage of the [45-day] 50-day period for committee review of the preliminary objection response, or revised objection response, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to RSA 541-A:13, VII; or

2001-1080s

AMENDED ANALYSIS

This bill requires the legislative budget assistant to prepare an amended fiscal impact statement for proposed administrative rules only when a change to a proposed rule is made following a hearing that changes the original fiscal impact statement.

The bill also extends the time period in which the joint legislative committee on administrative rules may review an agency’s objection response to proposed administrative rules and vote to sponsor a joint resolution to implement the committee’s recommendation.

HB 385, changing the name, membership and duties of the office of volunteerism. Executive Departments and Administration Committee. Vote 3-2. Ought to Pass, Senator Larsen for the committee.

Senator Francoeur moved to have HB 385, changing the name, membership and duties of the office of volunteerism, laid on the table.

HB 385, changing the name, membership and duties of the office of volunteerism.

HB 403, relative to the effective date of special contracts for telephone utilities. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Larsen for the committee.

HB 408-FN, relative to the regulation of nursing by the board of nursing. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-1254s

08/01

Amend RSA 326-B:2, VIII-a as inserted by section 5 of the bill by replacing it with the following:

VIII-a. "Delegation" means the authorization for the performance of a selected task from a licensed nurse authorized to perform the task to a licensed or unlicensed individual at the discretion of the licensed nurse.

Amend the bill by replacing section 28 with the following:

28 New Section; Limitations on and Liability for Delegation. Amend RSA 326-B by inserting after section 32 the following new section:

326-B:33 Limitations on and Liability for Delegation.

I. A nurse licensed under this chapter who delegates a specific nursing activity or task in compliance with the rules adopted pursuant to RSA 326-B:4-a, XVII shall not be subject to disciplinary action by the board of nursing for the performance of a person to whom the nursing activity or task is delegated.

II. Caregivers who properly follow delegation orders that are made in compliance with the rules adopted pursuant to RSA 326-B:4-a, XVII shall not be subject to disciplinary action by the board of nursing for the performance of their delegated duties.

III. No person may coerce a licensed nurse into compromising patient safety by requiring the licensed nurse to delegate if the licensed nurse determines that it is inappropriate to do so. Licensed nurses shall not be subject to disciplinary action by the board of nursing for refusing to delegate nursing activities or tasks or refusing to provide the required training for delegation if the nurse determines that delegation may compromise patient safety.

IV. Licensed nursing assistants shall not have authority to delegate tasks.

V. The administration of medications shall only be delegated by persons authorized in rules adopted by the board under RSA 541-A.

HB 416, relative to fire safety inspections for foster family homes. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Flanders for the committee.

HB 448, relative to procedures for crews and provision of counseling services following a railway accident. Executive Departments and Administration Committee. Vote 4-1. Re-referred, Senator Flanders for the committee.

HB 477, relative to supplemental allowances for certain retired group I members of the New Hampshire retirement system. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-1255s

08/01

Amend RSA 100-A:41-c, I as inserted by section 1 of the bill by replacing it with the following:

I. An eligible retired group I member of the New Hampshire retirement system whose annual retirement allowance is less than $8500 shall receive a one-time supplemental allowance sufficient to provide an annual allowance of $8500. An eligible retired group I member shall be a member, or beneficiary of such member, who retired prior to July 1, 1991 with at least 20 years of creditable service under RSA 100-A:5, I, or member, or beneficiary of such member, who retired under RSA 100-A:6, I.

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

2 Group I Retirement for Teachers and Political Subdivision Employees. Amend RSA 100-A:52-a, VIII to read as follows:

VIII. Any person who is eligible to receive group insurance or other medical benefits under the provisions of this section, but who does not need and who declines such benefits because they would be duplicative of coverage under any employer-sponsored plan, shall nevertheless continue to be eligible and, upon ceasing to be eligible for the other coverage, shall be permitted to join the plan of the employer from which the member retired and to receive the benefits allowable under this section without any waiting period.

2001-1255s

AMENDED ANALYSIS

This bill provides for a supplemental allowance for group I retired members who retired prior to July 1, 1991 so that they receive a certain minimum benefit amount.

HB 606-FN, relative to the Christa McAuliffe planetarium. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Larsen for the committee.

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. Finance Committee. Vote 7-0. Ought to Pass, Senator Eaton for the committee.

SB 201-FN, creating a dedicated fund for the job training program for economic growth and making certain changes to the program. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Burns for the committee.

2001-1279s

06/09

Amend the bill by replacing section 2 with the following:

2 New Section; Training Fund Established. Amend RSA 282-A by inserting after section 138 the following new section:

282-A:138-a Training Fund.

I. There is hereby created in the state treasury a special fund to be known as the training fund. Commencing January 1, 2002, the moneys in this fund may be used, solely as determined by the commissioner of the department of employment security in accordance with rules and guidelines adopted by the commissioner, for funding training under the job training program for economic growth, established under RSA 188-F:49-56. Rulemaking authority relative to administration of the grant award process shall remain with the commissioner of regional community-technical colleges pursuant to RSA 188-F:52, II(a).

II. The commissioner of employment security shall act as the fiscal agent for moneys deposited in the training fund. All costs incurred by the commissioner acting as fiscal agent of the training fund shall be paid from such fund.

III. Any interest earned on the moneys in this fund shall be deposited in the fund established by RSA 282-A:140 and shall be expended only as provided by that section, and not for any other purpose.

IV. Any moneys paid into the training fund during a calendar year, which are either not obligated by June 30 of the following year or spent by June 30 of the year thereafter, shall lapse and be deposited into the fund established by RSA 282-A:140 and shall be expended only as provided by that section and not for any other purpose.

Amend the bill by replacing section 8 with the following:

8 New Subparagraph; Training Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys collected pursuant to RSA 282-A:87, IV(a)(2), which shall be deposited in the training fund established by RSA 282-A:138-a.

2001-1279s

AMENDED ANALYSIS

This bill repeals the prospective repeal of RSA 282-A:87, IV relative to designating a portion of employer contributions for unemployment compensation to the commissioner’s contingent fund. It establishes a new dedicated fund to be used to fund the job training program for economic growth using a portion of the employers’ administrative contribution to the unemployment compensation trust fund. Any moneys in the training fund which are not expended within 2 years from the end of the fiscal year in which they accrue will lapse into the contingent fund of the commissioner of employment security.

This bill also changes the membership of the grant review committee of the job training program for economic growth, adds new eligibility requirements for training grants, raises the amount available for administering the program, and changes the grant performance reporting procedure.

Senator Wheeler offered a floor amendment.

2001-1304s

06/09

Floor Amendment to SB 201-FN

Amend the bill by replacing section 8 with the following:

8 New Subparagraph; Training Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys deposited in the training fund established by RSA 282-A:138-a.

HB 304-FN, relative to insurance coverage for prostate cancer testing. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Flanders for the committee.

HB 394, relative to short-term health insurance policies for certain persons. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Flanders for the committee.

2001-1195s

01/10

Amend the bill by replacing section 1 with the following:

1 Short-Term Health Policies. Amend RSA 415:5, III to read as follows:

III. Nonrenewable, individual health insurance policies which provide medical, hospital, or major medical expense benefits for a specified term may be delivered or issued for delivery to any person in this state; however, no such policy shall provide coverage for a specified term in excess of 6 months, nor shall any such policy be issued in this state to a person who was previously covered by more than [one such policy] 2 such policies within the preceding 12-month period.

HB 488, establishing a task force to study certain issues regarding privacy. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

2001-1196s

01/10

Amend subparagraphs I(a) and (b) as inserted by section 2 of the bill by replacing them with the following:

(a) Five members of the house of representatives, appointed by the speaker of the house.

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

HB 570-FN, relative to the unemployment compensation law. Insurance Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HB 595, relative to single producer licensing. Insurance Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

Senator Fernald 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, taken off 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.

Senator Fernald offered a floor amendment.

2001-1233s

04/01

Floor Amendment to CACR 16

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

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. 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 recommend removal of a judge from office upon a majority vote of the commission. The chairperson of the commission shall deliver to the president of the senate, the speaker of the house, and the governor, the report of the commission recommending removal. 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. 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 recommend removal of a judge from office upon a majority vote of the commission. The chairperson of the commission shall deliver to the president of the senate, the speaker of the house, and the governor, the report of the commission recommending removal. 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.

2001-1233s

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 recommend removal of a judge by a majority vote.

HB 697, extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation. Insurance Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

Senator Francoeur moved to have HB 697, extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation, laid on the table.

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

HB 753, relative to exemptions from issuer dealer licenses for the sale of securities. Insurance Committee. Vote 5-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2001-1197s

08/09

Amend RSA 421-B:6, I-a and I-b as inserted by section 1 of the bill by replacing it with the following:

I-a. In connection with an offering of securities made pursuant to section 18(b)(4)(D) of the Securities Act of 1993 that requires only a notice filing in this state pursuant to RSA 421-B:11, I-a(e), a completed application for licensure as an issuer-dealer, an agent of an issuer-dealer and for an agent of the issuer, or authorization without licensure for an officer or director pursuant to RSA 421-B:2, II(e), shall be filed with the secretary of state no later than 15 days after the first sale of securities in this state, and the license or authorization will become effective without further action or review by the secretary of state. Provided that the application is complete and accompanied by the appropriate fees, the effective date of the license or authorization shall for all purposes be the date of first sale.

I-b. The issuer-dealer applications referred to in paragraph I-a shall set forth and be limited to the name of the issuer, the state of the issuer’s formation, a description of the securities sold, the date of first sale of such securities in this state, the name or names of the representative or representatives of the issuer who are engaged in the sale of the securities, and confirmation that no agent has been convicted of a felony. The applications need only be signed by that person or those persons who are authorized to do so by the issuer’s board of directors or other governing body. At the same time, the issuer shall submit a consent to service of process pursuant to RSA 421-B:30, VII, and shall pay the fees required by RSA 421-B:31. Each application shall be on a form prescribed by the secretary of state, consistent with the provisions of this section.

Amend RSA 421-B:17, II(a) as inserted by section 3 of the bill by replacing it with the following:

(a) Any isolated sales, whether or not effected through a broker-dealer, provided that no person shall make more than 5 sales, in total, of securities of the same issuer, in all jurisdictions combined, other than those designated in RSA 421-B:17, I(h), II(g), II(l) and II(p)(1), during any period of 12 consecutive months; provided further that in the case of sales by an issuer, except sales of securities registered under the Securities Act of 1933 or exempted by section 3(b) of that act, the seller reasonably believes that all buyers are purchasing for investment. The secretary of state, on a case by case basis, may by rule or order increase the number of persons to whom sales may be made under this exemption.

HB 270-FN, increasing the mileage reimbursement rate for members of the legislature. Internal Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Flanders for the committee.

Senator Below moved to substitute re-refer for inexpedient to legislate.

HB 452, establishing a committee to study the reimbursement for expenses of legislators. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

HB 574, establishing a committee to study the recodification of laws relating to the joint committee on legislative facilities and the application of the right-to-know law. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

HB 620, relative to arrangements between birth parents and adoptive parents. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

HB 680, relative to foreign reinsurers. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Fernald for the committee.

HB 194, relative to municipal budget hearings, recommendations, and reports. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HB 224, relative to persons who may sign nomination papers. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator O'Neil for the committee.

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 Committee. Vote 3-0. Ought to Pass, Senator O'Neil for the committee.

HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator McCarley moved to have HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee, laid on the table.

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

HB 639, relative to the preparation of town ballots. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.

HB 723, relative to vacancies in county offices. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-1208s

03/10

Amend the bill by replacing section 2 with the following:

2 Vacancies Among County Officers; Election by Members of County Convention. Amend RSA 661:9, I-II to read as follows:

I. If a vacancy occurs in the office of county sheriff, county attorney, register of deeds, or county treasurer, the [superior court] members of the county convention shall fill the vacancy for the unexpired term by majority vote. The person elected to fill the vacancy shall be a member of the same party as the person vacating the office.

II.(a) If a vacancy occurs in the office of a county commissioner, the [superior court] members of the county convention shall fill the vacancy by majority vote until the next biennial election of county officers. The person elected by the members to fill the vacancy shall be a member of the same party as the person vacating the office. If the term filled is less than the unexpired term, then notwithstanding any provisions of RSA 653:1, VI, the commissioner district filled pursuant to this paragraph shall be added to the next biennial election ballot to be chosen by the inhabitants of the county for a 2-year term.

(b) The provisions of subparagraph (a) shall apply only where the vacancy occurred no later than 30 days preceding the printing of the ballots for the primary election.

(c) The provisions of RSA 655:32 and RSA 655:37 relating to nominations by appropriate party committees for vacancies in an office on a primary or general election ballot, respectively, shall apply to vacancies to be filled under this paragraph.

HB 260, establishing a commission to examine child care resources for parents who work hours other than first shift. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1274s

05/03

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

AN ACT relative to the examination of child care resources for parents who work hours other than first shift by the advisory council on child care.

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

1 Examination of Child Care Resources for Parents Who Work Hours Other Than First Shift by the Advisory Council on Child Care. The advisory council on child care, established under RSA 126-A:17, shall examine the child care resources for parents who work hours other than first shift.

I. The assessment shall include:

(a) The extent to which the child care needs of parents who work hours other than first shift are being met; and any additional accommodations that could be made for these parents.

(b) The number of licensed child care facilities available to second- and third-shift employees.

(c) The number of New Hampshire businesses that operate on a multi-shift basis.

II. In conducting the study, the council shall solicit information and testimony from at a minimum:

(a) A current provider of child care services.

(b) A representative of an industry operating on a multi-shift basis.

(c) A representative of an industry that has experience with in-house child care services.

(d) At least 2 parents who work hours other than first shift, one from an urban area and one from a rural area.

(e) The department of health and human services and the department of labor.

III. The advisory council shall report its findings and any recommendations to all members of the advisory council on child care, the governor, and the state library by November 1, 2001.

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

2001-1274s

AMENDED ANALYSIS

This bill requires the advisory council on child care to study child care resources for parents who work hours other than first shift.

HB 350-FN, relative to persons with disabilities participating in the work incentive program. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator O'Hearn for the committee.

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

2001-1280s

05/03

Amend the bill by replacing all after section 3 with the following:

4 Delinquent Children; Release Prior to Arraignment; Reference to Specific Licensure Removed. Amend RSA 169-B:11, II to read as follows:

II. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or place the minor in a foster home, as defined in RSA 169-C:3, XIII, [which is specifically licensed to accept delinquent children,] a crisis home, a shelter care facility, a group home with expenses charged according to RSA 169-B:40, or an alcohol crisis center certified to accept juveniles; or

5 Delinquent Children; Release or Detention Pending Adjudicatory Hearing; Reference to Specific Licensure Removed. Amend RSA 169-B:14, I(c) to read as follows:

(c) Released in the supervision and care of a foster home, as defined in RSA 169-C:3, XIII, [which is specifically licensed to accept delinquent children] with expenses charged according to RSA 169-B:40; or

6 Children in Need of Services; Release Prior to Initial Appearance; Reference to Specific Licensure Removed. Amend RSA 169-D:10, II(c) to read as follows:

(c) A foster home, as defined in RSA 169-C:3, XIII, [which is specifically licensed to accept children in need of services] with expenses chargeable as provided in RSA 169-D:29;

7 Children in Need of Services; Release Pending Adjudicatory Hearing; Reference to Specific Licensure Removed. Amend RSA 169-D:13, I(c) to read as follows:

(c) Placed in a foster home, as defined in RSA 169-C:3, XIII, [which is specifically licensed to accept children in need of services] with expenses chargeable as provided in RSA 169-D:29; or

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

HB 219, relative to the rules of the road involving school buses. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator O'Neil for the committee.

2001-1243s

03/01

Amend the bill by replacing section 3 with the following:

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

HB 258, establishing a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line. Transportation Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

Senator Wheeler moved to have HB 258, establishing a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line, laid on the table.

HB 258, establishing a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.

HB 317-FN, revising the New Hampshire Aeronautics Act. Transportation Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

HB 615, relative to the duties of motor vehicle inspectors. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1245s

03/09

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

AN ACT relative to the duties of motor vehicle inspectors and fees payable to the department of safety.

Amend the bill by replacing all after section 2 with the following:

3 New Paragraph; Certificates of Title; Fees; Surviving Spouse. Amend RSA 261:20 by inserting after paragraph III the following new paragraph:

III-a. No fee shall be charged for a first certificate of title to a motor vehicle that has passed to a surviving spouse by rights of survivorship, provided that the application for the first certificate of title is in the surviving spouse’s name alone and the application is made within 13 months of the decedent’s date of death.

4 Repeal. RSA 263:56-c, II-III, relative to fee for proof of satisfaction of default, is repealed.

5 Effective Date.

I. Sections 1 and 2 of this act shall take effect 60 days after its passage.

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

2001-1245s

AMENDED ANALYSIS

This bill expands the enforcement authority of motor vehicle inspectors to include the transport of hazardous materials and waste and other enforcement duties determined by the commissioner of safety. This bill establishes an exemption from the certificate of title fee for a surviving spouse taking title by rights of survivorship. This bill also repeals the fee that must be paid to the department of safety when submitting proof of satisfaction of a default in another jurisdiction.

HB 663, relative to lights on school buses. Transportation Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HB 158, relative to the use of an artificial light to locate moose. Wildlife and Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator Gatsas for the committee.

2001-1246s

08/01

Amend the bill by replacing section 2 with the following:

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

HB 370, relative to the regulation of the trapping by the fish and game department. Wildlife and Recreation Committee. Vote 4-1. Ought to Pass, Senator Gatsas for the committee.

HB 393-FN, relative to plant nurseries and nursery stock. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.

HB 471-FN, relative to fish and game licenses issued to resident and nonresident minors and relative to complimentary fishing licenses for legally blind persons. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator Eaton for the committee.

Senator O’Hearn moved that the Rules of the Senate be so far suspended as to allow a committee report not in the Calendar.

SB 199, relative to the voting procedures for authorizing certain capital projects in interstate school districts. Education Committee. Ought to pass with amendment. Senator O’Hearn for the committee.

2001-1282s

04/10

Amendment to SB 199

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

1 Interstate School Compact; Borrowing; Authorization Proceedings Amended. Amend Article VII, Paragraph D of RSA 200-B:1 to read as follows:

D. AUTHORIZATION PROCEEDINGS. An interstate district shall authorize the incurring of debts to finance capital projects by a majority vote of the district passed at an annual or special district meeting. Such vote shall be taken by secret ballot after full opportunity for debate, and any such vote shall be subject to reconsideration and further action by the district at the same meeting or at an adjourned session thereof. As an alternative, an interstate district may provide in its articles of agreement that such a vote be conducted by Australian or official balloting under procedures set forth in the articles of agreement, and that such vote be subject to any method of reconsideration, if any, which the interstate district sets forth in the articles of agreement.

2 Interstate School Compact; Borrowing; Authorization Proceedings Amended. Amend Article VII, Paragraph D of RSA 200-B:1 to read as follows:

D. AUTHORIZATION PROCEEDINGS. An interstate district shall authorize the incurring of debts to finance capital projects by a majority vote of the district passed at an annual or special district meeting. As an alternative, an interstate district may provide in its articles of agreement that such a vote be passed by a specified percentage greater than a simple majority but not to exceed 60 percent. Such vote shall be taken by secret ballot after full opportunity for debate, and any such vote shall be subject to reconsideration and further action by the district at the same meeting or at an adjourned session thereof. As an alternative, an interstate district may provide in its articles of agreement that such a vote be conducted by Australian or official balloting under procedures set forth in the articles of agreement, and that such vote be subject to any method of reconsideration, if any, which the interstate district sets forth in the articles of agreement.

3 Contingency. Section 1 of this act shall take effect when a bill of the Vermont general assembly incorporating substantially the same language inserted by section 1 of this act becomes a law in Vermont and when it is approved by the United States Congress. Section 2 of this act shall take effect when a bill of the Vermont general assembly incorporating substantially the same language inserted by section 2 of this act becomes a law in Vermont and when it is approved by the United States Congress. The secretary of state of the state of New Hampshire shall certify that contingency provisions set forth in this section have been satisfied.

4 Effective Date.

I. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

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

Senator O’Hearn moved to have HB 196, relative to the penalty for failure to license a dog or renew a dog license, taken off the table.

Senator O’Hearn withdrew her motion to remove HB 196 off the table.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 14, relative to the definition of "school" for the purpose of the universal service fund for schools and libraries.

SB 14, relative to the definition of "school" for the purpose of the universal service fund for schools and libraries.

Senator O’Hearn moved concurrence.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 42, relative to charges for access to medical records.

SB 42, relative to charges for access to medical records.

Senator Wheeler moved concurrence.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 169, relative to the procedure for appeal of a timber yield tax assessment and relative to the notice of intent to cut.

SB 169, relative to the procedure for appeal of a timber yield tax assessment and relative to the notice of intent to cut.

Senator Roberge moved concurrence.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 61, establishing a procedure for summary administration of estates.

SB 61, establishing a procedure for summary administration of estates.

Senator Gordon moved concurrence.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

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

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

Senator Below moved concurrence.

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 10 years thereafter.

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.

HB 129, relative to amending condominium instruments governing assignment of limited common areas.

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

HB 164, relative to exceptions to the confidentiality of certain department of employment security records.

HB 175, relative to the amount of the homestead right.

HB 194, relative to municipal budget hearings, recommendations, and reports.

SB 199, relative to the voting procedures for authorizing certain capital projects in interstate school districts.

SB 201-FN, creating a dedicated fund for the job training program for economic growth and making certain changes to the program.

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

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

HB 245, relative to the duties and staff of the state geologist.

HB 260, establishing a commission to examine child care resources for parents who work hours other than first shift.

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.

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

HB 371, relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant.

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

HB 403, relative to the effective date of special contracts for telephone utilities.

HB 416, relative to fire safety inspections for foster family homes.

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 452, establishing a committee to study the reimbursement for expenses of legislators.

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

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

HB 574, establishing a committee to study the recodification of laws relating to the joint committee on legislative facilities and the application of the right-to-know law.

HB 594, establishing a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors.

HB 595, relative to single producer licensing.

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

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

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

HB 639, relative to the preparation of town ballots.

HB 663, relative to lights on school buses.

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

HB 680, relative to foreign reinsurers.

HB 723, relative to vacancies in county offices.

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

HCR 5, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation.

HCR 13, calling on the President and the Congress to fully fund the federal government's share of special education services in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act.