Out of Recess.

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

HB 469-FN, relative to the applicable minimum wage for hourly employees.

HB 550-FN, relative to destruction of information.

HB 162-FN, ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett School Districts.

HB 498, relative to standards for records filed with a registry of deeds.

HB 587-FN, establishing a commission on the status of men.

HB 658-FN, relative to the homeless prevention fund.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 162-658 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 469-FN, relative to the applicable minimum wage for hourly employees. Executive Departments and Administration

HB 550-FN, relative to destruction of information. Judiciary

HB 162-FN, ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett School Districts. Public Affairs

HB 498, relative to standards for records filed with a registry of deeds. Public Affairs

HB 587-FN, establishing a commission on the status of men. Internal Affairs

HB 658-FN, relative to the homeless prevention fund. Executive Departments and Administration

May 24, 2001

2001-1300-EBA

08/01

Enrolled Bill Amendment to HB 107

The Committee on Enrolled Bills to which was referred HB 107

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 makes a technical correction to section 3 of the bill.

Amend section 3 of the bill by replacing line 4 with the following:

under sections 1 or 2 of this act shall be approved by the department of transportation.

Senator Pignatelli moved adoption.

2001-1226-EBA

05/10

Enrolled Bill Amendment to HB 255

The Committee on Enrolled Bills to which was referred HB 255

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 makes a technical reference correction.

Amend section 1 of the bill by replacing line 3 with the following:

Therefore, the general court recommends the formation of a committee to study the practice of

Senator Pignatelli moved adoption.

The House of Representatives concurs with the Senate in the passage of the following entitled Bills sent down from the Senate:

SB 11, extending the reporting date of the committee to study and identify or establish the duties of the fish and game commission.

SB 12, relative to applications for the cooperative fencing program and the depredation permit program in the fish and game department.

SB 15, extending the reporting date for the commission on the status of community-technical education.

SB 23, relative to the amount of interest on late paid property taxes which may be waived by the tax collector.

SB 25, relative to preliminary breath tests.

SB 27, allowing the state to apply for review of a state prison sentence by the superior court’s review division.

SB 33, relative to the definition of "campsite."

SB 35, relative to a term for the chief justice of the supreme court.

SB 37, extending the reporting date for the committee studying prescription drug access.

SB 40, changing the method by which the insurance department assesses insurers to fund its administration fund.

SB 44, relative to false academic documentation.

SB 49, establishing a committee to study the creation of a landlord-tenant mediation project.

SB 50, relative to the abatement of taxes in unincorporated towns or unorganized places.

SB 63, relative to administration of estates and filing of wills by executors.

SB 85, relative to collateralization of municipal trust funds.

SB 89, establishing a committee to study methods of strengthening and clarifying the comprehensive shoreland protection act and its application.

SB 92, relative to the distribution of special education funds.

SB 150, relative to community services for persons with developmental disabilities.

The House of Representatives refuses to concur with the Senate in the passage of the following entitled Bill sent down from the Senate:

SB 73, relative to benefits awarded a surviving spouse of a police officer or firefighter killed in the line of duty.

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

HB 107, naming a certain bridge in the town of Milford.

HB 142, establishing a committee to study encryption of confidential information.

HB 143, establishing a committee to address the problem created by the shortage of health care personnel and support staff in New Hampshire.

HB 230, relative to scheduled permanent impairment awards under the workers' compensation law.

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

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

HB 433, clarifying the duties of the oversight committee on health and human services.

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

HB 166, requiring the gas utility restructuring oversight committee to study gas and hazardous substance pipeline safety.

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 532, establishing a committee to study the adequacy of funding for the continued universal distribution of children's vaccines.

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

The House of Representatives concurs with the Senate in the passage of the following entitled Bills sent down from the Senate:

SB 13, relative to the duties of a school nurse and relative to school food and nutrition programs.

SB 55, creating a commission to study the need for and location of architecturally secure facilities and community shelter care facilities to service juveniles.

SB 59, relative to the inclusion of a signature declaration and verification statement on teacher certification applications.

SB 71, establishing a study committee relative to the regulation and compensation of persons licensed under the real estate practice act.

SB 93, establishing a committee to study the public health and environmental benefit of requiring stationary and mobile sources that burn virgin petroleum products or coal to comply with the requirements of the air toxic control act.

SB 123, establishing a committee to study how information regarding private individuals is obtained, maintained, and employed by the division of children, youth and families.

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

SB 136, establishing a committee to study the use of multi-disciplinary team investigations of child abuse and neglect allegations.

SB 156, relative to the suspension of drivers licenses of persons under 20 years of age.

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until Thursday, May 31, 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 Gatsas led the Pledge of Allegiance.

Senators Gordon and Larsen are excused for the day.

Senator Francoeur served notice of reconsideration on HB 488, establishing a task force to study certain issues regarding privacy.

HB 443, relative to a state energy plan. Energy and Economic Development Committee. Vote 5-0. Ought to pass with amendment, Senator Below for the committee.

2001-1346s

03/04

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

AN ACT relative to a state energy plan and relative to road toll fees for vehicles powered by alternate energy sources.

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

4 Road Toll Fees for Vehicles Powered by Alternate Energy Sources; Refunds. Any person who has prepaid a road toll fee for a vehicle powered by alternate energy sources pursuant to RSA 260:52, XVIII shall be entitled to a prorated refund, consistent with the provisions of RSA 260, of the fee paid for the portion of the year following the effective date of this section.

5 Repeal. The following are repealed:

I. RSA 259:3-c, relative to definition of alternative energy sources.

II. RSA 260:52, XVIII, relative to road toll fees for vehicles powered by alternate energy sources.

6 Effective Date.

I. Sections 4 and 5 of this act shall take effect July 1, 2001.

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

2001-1346s

AMENDED ANALYSIS

This bill requires the governor’s office of energy and community services, in consultation with the public utilities commission and other state agencies, to prepare a state energy plan covering a 10-year period. This bill authorizes the governor’s office of energy and community services to expend up to $100,000 to be provided by jurisdictional electric distribution utilities, to complete the plan. This bill also repeals the definition of alternative energy sources and the provision requiring prepayment of road toll fees for vehicles powered by alternate energy sources.

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. Energy and Economic Development Committee. Vote 3-2. Ought to Pass, Senator Johnson for the committee.

Senator Johnson moved to have 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, laid on the table.

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 740, relative to decommissioning of nuclear electric generating facilities. Energy and Economic Development Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

HJR 5, encouraging the use of renewable energy systems in new or rehabilitated state buildings. Energy and Economic Development Committee. Vote 5-0. Ought to pass with amendment, Senator Below for the committee.

2001-1348s

08/09

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

Whereas, the cost and performance benefits of incorporating renewable energy technologies such as daylighting, photovoltaics, active solar water heating, or wind, biomass and hydroelectric energy systems in state construction projects have been evaluated and recommended in other states; and

Whereas, over the life of a building, the energy cost savings due to the use of renewable energy systems may outweigh increased construction costs; and

Whereas, policies that require or encourage the consideration of renewable energy options in the construction or rehabilitation of state buildings are a potentially important mechanism for promoting the increased use of renewable energy in other areas of the state; and

Whereas, current regulatory codes affecting construction do not adequately facilitate the use of renewable energy technologies in the construction or rehabilitation of buildings; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the general court hereby encourages the evaluation and use of renewable energy options in the construction and rehabilitation of all state buildings where feasible; and

That the general court encourages the revision of regulatory codes affecting construction to better accommodate the use of renewable energy technologies in the construction or rehabilitation of buildings.

HCR 12, requesting that the federal government authorize greater state regulation of gas pipelines and pipelines carrying other hazardous substances. Environment Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies. Insurance Committee. Vote 3-0. Re-referred, Senator Flanders for the committee.

Senator Flanders moved to have HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies, laid on the table.

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies.

HB 229, relative to third person liability under the workers' compensation law. Insurance Committee.

SPLIT REPORT: Inexpedient to Legislate, Senator Flanders for the committee. Vote 2-2

SPLIT REPORT: Ought to Pass, Senator Francoeur for the committee. Vote 2-2

Senator Francoeur moved to have HB 229, relative to third person liability under the workers' compensation law, laid on the table.

HB 295-FN, relative to medicaid recoveries from third party settlements. Insurance Committee. Vote 4-0. Re-referred, Senator Wheeler for the committee.

HB 304-FN, relative to insurance coverage for prostate cancer testing. Insurance Committee. Vote 4-0. Inexpedient to Legislate, Senator Burns for the committee.

Senator Francoeur moved to have HB 304-FN, relative to insurance coverage for prostate cancer testing, laid on the table.

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

HB 218-FN, relative to the motor vehicle road toll law and motor vehicle registration fees. Transportation Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.

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

HB 310, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2003. Ways and Means Committee. Ought to pass. Senator D'Allesandro for the committee.

Senator D’Allesandro offered a floor amendment.

Sen. D’Allesandro, Dist. 20

Sen. Eaton, Dist. 10

May 31, 2001

2001-1401s

09/10

Floor Amendment to HB 310-FN-A

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

1 Rate of Tax for the Biennium Ending June 30, 2003. Notwithstanding the provisions of RSA 84-A:2 requiring the legislature to set the rate of the tax on or before May 30, the rate of the medicaid enhancement tax for the period beginning July 1, 2001 and ending June 30, 2003, imposed under RSA 84-A:2, is 6 percent upon the gross patient services revenue of every hospital.

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

2001-1401s

AMENDED ANALYSIS

This bill sets the biennial rate for the medicaid enhancement tax, as required by RSA 84-A:2, at 6 percent upon the gross patient services revenue of every hospital.

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

HB 375, relative to sources of funding an adequate education. Ways and Means Committee. Ought to pass with amendment. Senator Barnes for the committee.

2001-1400s

09/10

Amendment to HB 375

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 New Subdivision; Low and Moderate Income Homeowners Property Tax Relief. Amend RSA 198 by inserting after section 55 the following new subdivision:

Low and Moderate Income Homeowners Property Tax Relief

198:56 Definitions. In this subdivision:

I. "Commissioner" means the commissioner of the department of revenue administration.

II. "Homestead" means the dwelling owned by a claimant or, in the case of a multi-unit dwelling, the portion of the dwelling which is owned and used as the claimant’s principal place of residence and the claimant’s domicile for purposed of RSA 654:1. "Homestead" shall not include land and buildings taxed under RSA 79-A or land and buildings or the portion of land and buildings rented or used for commercial or industrial purposes. In this paragraph, the term "owned" includes:

(a) A vendee in possession under a land contract;

(b) One or more joint tenants or tenants in common; or

(c) A person who has equitable title, or the beneficial interest for life in the homestead.

III. "Household income" means the sum of the adjusted gross income for federal income tax purposes of the claimant and any member of the claimant’s household who resides in the homestead for which a claim is made. "Household income" shall also include all income of any trust through which the claimant holds equitable title, or the beneficial interest for life, in the homestead.

IV. "Tax relief" means the low and moderate income homeowners property tax relief provided in this subdivision.

V. "New Hampshire household" means any person filing a federal income tax return as head of household or 2 or more adults who jointly share the benefit of the homestead. "New Hampshire household" shall not include those adults who share the homestead under a landlord-tenant relationship.

VI. "Dependent" means a person residing in a homestead who is claimed as a dependent for federal income tax purposes.

198:57 Low and Moderate Income Homeowners Property Tax Relief

I. Pursuant to the provisions of this subdivision, eligible claimants shall be granted tax relief following the effective date of this act.

II. Residents shall apply to the department of revenue administration for such tax relief.

III. An eligible tax relief claimant is a person who:

(a) Owns a homestead or interest in a homestead subject to the education property tax;

(b) Resided in such homestead on April 1 of the year for which the claim is made, except such persons as are on active duty in the United States armed forces or are temporarily away from such homestead but maintain the homestead as a primary domicile; and

(c) Realizes total household income of:

(1) $20,000 or less if a single person;

(2) $40,000 or less if a head of a New Hampshire household with a dependent or dependents, or if a married person.

IV. All or a portion of an eligible tax relief claimant’s education property taxes, RSA 76:3, shall be rebated as follows:

(a) Multiply the total local assessed value of the claimant’s property by the percentage of such property that qualifies as the claimant’s homestead;

(b) Multiply the product determined in subparagraph (a) by the current education property tax rate;

(c) Multiply $150,000 by the current education property tax rate;

(d) Multiply either the product of the calculation in subparagraph (b) or (c), whichever is less, by the following percentage as applicable to determine the amount of tax relief available to the claimant:

(1) If a single person and total household income is:

(A) less than $12,500, 100 percent;

(B) $12,500 but less than $15,000, 85 percent;

(C) $15,000 but less than $17,500, 65 percent; or

(D) $17,500 but less than or equal to $20,000, 50 percent.

(2) If a head of a New Hampshire household or a married person and total household income is:

(A) less than $25,000, 100 percent;

(B) $25,000 but less than $30,000, 85 percent;

(C) $30,000 but less than $35,000, 65 percent; or

(D) $35,000 but less than or equal to $40,000, 50 percent.

(e) The amount determined by subparagraph (d) is the allowable tax relief in any year.

V. If a homestead is owned by 2 or more persons as joint tenants or tenants in common, and one or more of such joint owners do not principally reside at such homestead, tax relief applies to the proportionate share of the homestead value that reflects the ownership percentage of the claimant. Only one claim may be filed for a single homestead.

VI. Claims for tax relief shall be filed with the department of revenue administration between May 1 and June 30 following the due date of the education property taxes.

VII. Each claim shall be accompanied by a copy of the claimant’s federal income tax return filed by the claimant for the corresponding tax period. Claimants who were not required to file a federal tax return for the immediately prior tax period may submit an affidavit to such effect in lieu of a tax return which document shall include the claimant’s social security number. A claimant who asserts ownership in a homestead because he or she holds equitable title, or the beneficial interest for life, in the homestead shall also submit a copy of the document creating such interest and a copy of the federal tax return, if any, for the immediately prior tax period, of the trust holding legal title to the homestead. Any documents submitted shall be considered confidential, and protected under RSA 21-J:14.

VIII. The provisions of RSA 359-C shall not apply to the documents required to be submitted under this section.

198:58 Rulemaking; Forms; Notice.

I. The commissioner shall adopt rules, under RSA 541-A, relative to the administration of excess tax payments and the tax relief provisions of this subdivision.

II. The commissioner shall approve and provide forms relative to the administration of this subdivision.

III. Claim forms shall include the following:

(a) Instructions on completing and filing the form;

(b) Sections for information concerning the claimant, the claimant’s household, the property for which tax relief is sought, and such other information as is reasonably necessary to determine the accuracy of the claim;

(c) Instructions on appeal procedure and time limits relative to such appeals; and

(d) A place for the claimant’s signature with a certification by the claimant that the claim is made in good faith and that the facts contained in the claim are true.

IV. The commissioner shall publicize notice of the tax relief provisions in a suitable manner.

198:59 Penalties; Assessment of Erroneous Claims.

I. Any person who files a claim for tax relief under this subdivision with fraudulent intent and any person who assisted in the preparation or filing of the claim or supplied information upon which the claim was prepared shall be guilty of a misdemeanor.

II. The commissioner may assess and collect the amount of any sums granted for property tax relief relative to a fraudulent or erroneously paid claim for tax relief including interest provided under RSA 21-J:28 and an additional penalty of 25 percent for the erroneous amount of such claim or an additional penalty of the greater of 25 percent or $1,000 for a fraudulent claim.

198:60 Appeals.

I. Whenever the commissioner refuses to grant a claimant a tax relief claim, the claimant may appeal in writing within 30 days of notice of such refusal to the board of tax and land appeals.

II. When a taxpayer appeals the commissioner’s refusal of a claim to the board of tax and land appeals, the board may reverse or affirm, wholly or partly, or may modify the decision brought up for review when there is an error of law or when the board finds the commissioner’s action to be arbitrary or unreasonable.

198:61 Refund of Tax Claims. The department of revenue administration shall review a claim for tax relief filed with it and, if such claim is determined to be valid, shall certify such amount to the state treasurer within 120 days. The state treasurer shall pay the claim to the claimant from funds in the education trust fund. The department shall notify a claimant whose claim is rejected in whole or in part of such determination within 90 days of the department’s receipt of the claim and all required documentation.

2 Rate of Tax for Biennium Ending June 30, 2003; Intrastate and Interstate Communications Services Tax. Notwithstanding RSA 82-A:3 and RSA 82-A:4, for the period beginning July 1, 2001 and ending June 30, 2003, the rate of tax is 5.5 percent on the gross charge for communications services purchased at retail from a retailer.

3 Prospective Repeal Date Extended for Exemption of Wooden Poles Under RSA 72:8-b. Amend 1998, 304:6, I as amended by 1999, 163:7 to read as follows:

I. Section 5 of this act shall take effect July 1, [2001] 2003.

4 Effective Date.

I. Sections 2 and 3 of this act shall take effect July 1, 2001.

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

2001-1400s

AMENDED ANALYSIS

This bill:

I. Establishes a low and moderate income homeowners property tax relief program.

II. Extends the temporary rate of the communications services tax.

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

HB 310, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2003. Finance Committee. Ought to pass. Senator Barnes for the committee.

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

HB 218-FN, relative to the motor vehicle road toll law and motor vehicle registration fees. Finance Committee. Ought to pass. Senator D'Allesandro for the committee.

Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow HB 310 and HB 218 to be on third reading and final passage at the present time.

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

HB 310, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2003.

HB 525, relative to property and casualty insurance. Insurance Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1379s

01/10

Amend the bill by inserting after section 10 the following and renumbering the original sections 11 and 12 to read as 12 and 13, respectively:

11 Reference to Special Fund Deleted. Amend the introductory paragraph of RSA 402-B:8 to read as follows:

The commissioner of insurance shall collect the following fees[, which shall be paid into a special fund, hereby created,] for use by the commissioner in administrating this title:

HB 580, requiring health insurance carriers to provide loss information to large employers at least once every 6 months. Insurance Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1380s

01/10

Amend RSA 420-G:12-a as inserted by section 2 of the bill by replacing it with the following:

420-G:12-a Loss Information Provided to Large Employers.

I. Upon written request, every health carrier shall provide loss information concerning a large employer policy or contract at least once every 6 months from the date the policy becomes effective.

II. If a policyholder requests loss information from an insurance agent or other authorized representative, the representative or agent shall transmit the request for loss information to the health carrier within 4 working days.

HB 590, permitting life insurance companies access to certain motor vehicle records. Insurance Committee. Vote 4-0. Ought to Pass, Senator Burns for the committee.

HB 603-FN-A, providing the commissioner of administrative services an option to self-fund the state employee health plan and requiring a reserve fund therefor. Insurance Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HB 690, relative to disclosure of nonpublic personal health information. Insurance Committee. Vote 4-0. Re-referred, Senator Flanders for the committee.

HB 520, relative to clarifying qualifications of candidates. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Francoeur for the committee.

HB 579, relative to nominating a political organization by nomination papers. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HB 677, relative to certification and filing of nomination papers. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator Wheeler, having voted on the prevailing side, moved reconsideration on HB 229, relative to third person liability under the workers' compensation law, whereby we ordered it inexpedient to legislate.

HB 112, establishing a study committee on issues relating to hospital business practices and managed care organizations' networks. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

Senator Wheeler offered a floor amendment.

2001-1388s

01/09

Floor Amendment to HB 112

Amend subparagraph I(b) as inserted by section 2 of the bill by replacing it with the following:

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

HB 177-FN-A, 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 Committee. Vote 4-1. Ought to Pass, Senator O'Hearn for the committee.

Senator McCarley offered a floor amendment.

2001-1398s

09/10

Floor Amendment to HB 177-FN-A

Amend the bill by replacing section 1 with the following:

1 Appropriation; Department of Administrative Services; Wheelchair Van for Veterans’ Home. The sum of up to $50,000 is hereby appropriated for the fiscal year ending June 30, 2001 to the department of administrative services, for the purpose of matching private donations on a dollar per dollar basis for the purchase of a wheelchair van for the veterans’ home in the town of Tilton. This appropriation shall not lapse until June 30, 2002. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

HB 332-FN-L, relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1369s

08/04

Amend the introductory paragraph of RSA 611:17 as inserted by section 2 of the bill by replacing it with the following:

611:17 Autopsy Expense. Autopsy expenses shall be morgue costs, microscopic processes, toxicology, transport, and x-ray costs. All claims for autopsy expenses shall be submitted to the office of the chief medical examiner, which shall authorize such claims and submit them for payment as follows:

HB 388, clarifying the rights of patients of nursing facilities in the event of a proposed transfer or discharge from the facility. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1371s

08/04

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

2 New Paragraph; Definition Added; Transfer. Amend RSA 151:19 by inserting after paragraph VI the following new paragraph:

VII. "Transfer" means movement of a patient from one facility to another facility when the legal responsibility for the care of the patient changes from the transferring to the receiving facility. Transfer shall not include the temporary movement of a patient from a facility to a hospital or other location for emergency medical treatment, as long as the facility is in compliance with RSA 151:25. In the event a facility refuses to readmit a patient in accordance with RSA 151:25 following a therapeutic leave, a transfer shall be deemed to have occurred when the decision not to readmit is made.

3 Temporary Absence. Amend RSA 151:25, II to read as follows:

II. When a patient's absence is longer than 10 days, or the facility has not received payment for the period of absence, the patient shall have the option to return to the facility for the next available bed.

4 Transfer or Discharge of Patients. RSA 151:26 is repealed and reenacted to read as follows:

151:26 Transfer or Discharge of Patients.

I. A facility shall not transfer or discharge a patient except for those reasons listed under RSA 151:21, V.

II.(a) Transfer or discharge of a patient shall in all instances be preceded by written notice which shall contain the following:

(1) The reason for the proposed transfer or discharge;

(2) The effective date of the proposed transfer or discharge;

(3) The location to which the patient is transferred or discharged;

(4) The name, address and telephone number of the long-term care ombudsman, established under RSA 161-F:10, and the name, address, and telephone number of the designated agency responsible for the protection and advocacy system for a developmentally disabled or mentally ill individual;

(5) A statement which shall read: "You have a right to appeal the facility’s decision to transfer or discharge you. If you think you should not have to leave this facility, you may file an appeal in superior or probate court." If the patient is in a skilled nursing facility or nursing facility certified under Title XVIII or Title XIX of the Social Security Act, the statement shall inform the patient of his or her right to request an administrative hearing before the department of health and human services.

Except as specified in paragraph II(b) of this section, written notice of transfer or discharge shall be given at least 30 days before the resident is transferred or discharged. A copy of the notice shall be placed in the patient’s clinical record and a copy shall be transmitted to the patient, the patient’s next of kin, the patient’s personal representative, legal guardian, the long-term ombudsman in the office of the ombudsman established under RSA 161-F:10, the designated agency responsible for the protection and advocacy system for a developmentally disabled or mentally ill individual, and the person or agency responsible for the patient’s placement, maintenance, and care in the facility.

(b) Written notice as specified in subparagraph II(a) shall be given as soon as practicable before transfer or discharge in the following circumstances:

(1) If an emergency transfer or discharge is mandated by the patient’s health care needs and is in accord with the written orders and medical justification of the patient’s physician or advanced registered nurse practitioner (ARNP);

(2) If the transfer or discharge is mandated by the health or safety of other individuals in the facility, as documented in the patient’s clinical record upon consultation with the patient’s physician or advanced registered nurse practitioner (ARNP);

(3) If the patient’s health has improved sufficiently so the patient no longer needs the services provided by the facility, as documented in the patient’s clinical record by the patient’s physician or advanced registered nurse practitioner (ARNP); or

(4) If the patient has resided in the facility for less than 30 days.

(c) The basis for the transfer or discharge shall be documented in the patient’s clinical record. The facility shall consult with the patient’s physician or advanced registered nurse practitioner prior to transferring or discharging the patient for medical reasons or for the patient’s welfare or that of other patients. The documentation of the basis for the transfer or discharge shall be made by:

(1) The patient’s physician or advanced registered nurse practitioner (ARNP) if the transfer or discharge is necessary because the patient’s needs cannot be met in the facility;

(2) The patient’s physician or advanced registered nurse practitioner (ARNP) if the transfer or discharge is appropriate because the patient’s health has improved sufficiently so the patient no longer needs the services provided by the facility;

(3) A physician or advanced registered nurse practitioner (ARNP) if the health of individuals in the facility would be endangered.

III. Transfer or discharge of a patient of a skilled nursing facility or nursing facility certified under Title XVIII or Title XIX of the Social Security Act shall take into account any additional rights and safeguards prescribed by the commissioner of the department of health and human services and the secretary of the United States Department of Health and Human Services.

IV. Upon notice, a patient may petition the superior or probate court to enjoin the facility’s decision to transfer or discharge. This petition shall stay any transfer or discharge pending a decision.

5 Repeal. RSA 151:19, III, relative to involuntary transfer, is repealed.

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

HB 396, relative to the practice of physicians and surgeons. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-1370s

08/04

Amend RSA 329:29-a, I(b) as inserted by section 2 of the bill by replacing it with the following:

(b) "Quality assurance program" means a comprehensive, ongoing, and organization-wide system of mechanisms established by a physician practice in accordance with rules adopted by the department of health and human services, for monitoring and evaluating the quality and appropriateness of the care provided to patients, so that important problems and trends in the delivery of care are identified and steps are taken to correct problems and to take advantage of opportunities to improve care. For the purpose of participating in a quality assurance program, physician practices consisting of fewer than 3 physicians shall, while maintaining patient confidentiality, associate with other physician practices so that a quality assurance program shall in all cases involve at least 3 physicians.

Senator Francoeur is in opposition to HB 396.

HB 485, relative to physicians employed by hospitals. Public Institutions, Health and Human Services Committee. Vote 4-0. Re-referred, Senator Prescott for the committee.

Senator Francoeur is in opposition to HB 485.

HB 553-FN-L, requiring background checks for nursing home employees. Public Institutions, Health and Human Services Committee. Vote 4-0. Re-referred, Senator Wheeler for the committee.

HB 553-FN-L is re-referred to 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 Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

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 Committee. Vote 4-0. Inexpedient to Legislate, Senator McCarley for the committee.

HB 591, relative to certain prescription discount cards. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1357s

01/09

Amend RSA 358-R:1 as inserted by section 1 of the bill by replacing it with the following:

358-R:1 Prescription Discount Cards. Any entity which proposes to offer a prescription discount card, which is not an insurance card, and which is defined as a card or other mechanism that advertises discounts or access to discounts on prescription drug purchases, shall register with the consumer protection and antitrust bureau of the department of justice. Registration shall consist of providing the consumer protection and antitrust bureau with a certified statement that the company intends to offer or advertise offering a prescription discount card to citizens of the state of New Hampshire. The certified statement shall also contain the name, address, location, and phone number of the company offering the prescription discount card; shall verify that any promotional advertising for the card expressly states in at least 10-point bold type that the discount is available only at participating pharmacies; shall verify that the card and any promotional advertising for the card expressly states in at least 8 point bold type on the front of the card that the plan is not insurance; and shall verify that the discount offered by the card or other purchasing mechanism does not contain misleading or deceptive statements or claims.

HB 635, relative to family mutual support services. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

Senator Boyce moved to have HB 635, relative to family mutual support services, laid on the table.

Senator Boyce withdrew his motion.

HB 643-FN, extending the moratorium on new nursing home beds. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1372s

08/04

Amend RSA 151-C:4, III(a) as inserted by section 1 of the bill by replacing it with the following:

III.(a) No certificate of need shall be granted by the board for any nursing home, skilled nursing facility, intermediate care facility or rehabilitation facility from the effective date of chapter 310, laws of 1995, department of health and human services reorganization act, through the period ending [December 31, 2001] June 30, 2003, except that a certificate of need [may] shall be issued for replacement or renovation of existing beds as necessary to meet life safety code requirements or to remedy deficiencies noted in a licensing inspection pursuant to RSA 151 or state survey and certification process pursuant to titles XVIII and XIX of the Social Security Act and subject to the requirements of RSA 151-C.

HB 648-FN, authorizing licensing of homeless youth programs. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-1368s

05/10

Amend RSA 170-E:27-a, I(b) as inserted by section 2 of the bill by replacing it with the following:

(b) Upon completion of the assessment, but in no case later than 72 hours from the child's initial request for services, attempt to notify the child's parent or legal guardian that such child is present at the agency's facility. If compelling circumstances become evident during assessment which justify not notifying the parent or legal guardian, the program shall instead notify the department according to RSA 169-C:29. In this paragraph, the term "compelling circumstances" means circumstances which indicate that notifying the parent or legal guardian would subject the child to risk of abuse or neglect as defined in RSA 169-C:3.

HB 413, relative to ownership of rail properties. Transportation Committee. Vote 4-0. Ought to Pass, Senator McCarley for the committee.

HB 534, relative to "salvage" motor vehicles. Transportation Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HB 584-FN-A, relative to the registration and licensure of OHRV dealers and rental agents. Transportation Committee. Vote 4-0. Ought to Pass, Senator O'Neil for the committee.

HB 604-FN, relative to increasing certain fees and making other changes to fish and game licenses. Wildlife and Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator Disnard for the committee.

2001-1342s

10/04

Amend the bill by replacing all after section 28 with the following:

29 Nonresident Small Game 3-day License; 2002 Fee Increase. Amend RSA 214:9, VII-b to read as follows:

VII-b. If the applicant is a nonresident and wishes to take small game as defined in RSA 207:1, XXVI, for 3 consecutive days, [$16.50] $22, and the agent shall thereupon issue a 3-day nonresident small game license which shall entitle the licensee to hunt, shoot, or take small game; provided, however, this license shall not authorize the taking of fur-bearing animals as defined in RSA 207:1, VIII.

30 Nonresident Small Game 3-day License; 2003 Fee Increase. Amend RSA 214:9, VII-b to read as follows:

VII-b. If the applicant is a nonresident and wishes to take small game as defined in RSA 207:1, XXVI, for 3 consecutive days, [$22] $24, and the agent shall thereupon issue a 3-day nonresident small game license which shall entitle the licensee to hunt, shoot, or take small game; provided, however, this license shall not authorize the taking of fur-bearing animals as defined in RSA 207:1, VIII.

31 New Subparagraph; Nonresident One-day Fishing License. Amend RSA 214:9, VIII by inserting after subparagraph (d) the following new subparagraph:

(e) If the applicant wishes to take said fish for one day, $13, and the agent shall thereupon issue a one-day nonresident fishing license for said time only under the restrictions of this title.

32 Repeal. The following are repealed:

I. RSA 214:9, VIII(a), relative to the nonresident 15-day fishing license.

II. RSA 214:9, VIII-b, relative to the one-day family fishing license.

33 Effective Date.

I. Sections 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect January 1, 2002.

HB 760-FN, relative to the use of silencing devices for taking game. Wildlife and Recreation Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.

HB 152-FN, relative to expanding the legal methods of taking deer. Wildlife and Recreation Committee. Vote 2-1. Ought to Pass, Senator Disnard for the committee.

HB 720, relative to permitting the use of certain firearms for hunting deer. Wildlife and Recreation Committee. Vote 3-0. Ought to pass with amendment, Senator D'Allesandro for the committee.

2001-1347s

10/03

Amend RSA 208:3-d as inserted by section 3 of the bill by replacing it with the following:

208:3-d Pistols Permitted. Pistols permitted under RSA 208:3, 3-a, 3-b, and 3-c shall include a .357 Magnum, 10mm Automatic, .41 Remington, .44 Magnum, .45 Long Colt, and .480 Ruger, provided that a pistol used for taking deer under this section shall be loaded with no more than 5 rounds of ammunition at any time.

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

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

Senator Francoeur offered a floor amendment.

2001-1386s

08/04

Floor Amendment to HB 274-FN

Amend RSA 125-N:2, IV as inserted by section 1 of the bill by replacing it with the following:

IV. "Combustible domestic waste" means combustible waste such as, but not limited to, household trash, packaging materials, plastics, coated or laminated papers, rubber, painted or treated wood, coated or treated cardboard, oily rags, and animal, vegetable, and kitchen waste. The term does not include untreated wood, leaves, brush, or paper products generated at a residence.

Senator Francoeur moved reconsideration whereby the Senate introduced and referred to committee the following House Bills:

HB 550-FN, relative to destruction of information.

HB 162-FN, ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett School Districts.

HB 498, relative to standards for records filed with a registry of deeds.

HB 587-FN, establishing a commission on the status of men.

HB 658-FN, relative to the homeless prevention fund.

May 24, 2001

2001-1305-EBA

06/10

Enrolled Bill Amendment to SB 49

The Committee on Enrolled Bills to which was referred SB 49

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 makes typographical corrections to the bill.

Amend section 5 of the bill by replacing lines 1 and 2 with the following:

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

Senator Pignatelli moved adoption.

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

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

HB 142, establishing a committee to study encryption of confidential information.

HB 143, establishing a committee to address the problem created by the shortage of health care personnel and support staff in New Hampshire.

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

HB 230, relative to scheduled permanent impairment awards under the workers' compensation law.

HB 232, relative to compensability of work-related stress injuries under the workers' compensation act and relative to election of remedies for wrongful termination or constructive discharge.

HB 367, relative to the establishment of a town forest in the town of Randolph and relative to property of preexisting school districts.

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

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

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 433, clarifying the duties of the oversight committee on health and human services.

HB 482, relative to airport zoning.

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

SB 11, extending the reporting date of the committee to study and identify or establish the duties of the fish and game commission.

SB 12, relative to applications for the cooperative fencing program and the depredation permit program in the fish and game department.

SB 15, extending the reporting date for the commission on the status of community-technical education.

SB 25, relative to preliminary breath tests.

SB 27, allowing the state to apply for review of a state prison sentence by the superior court's review division.

SB 33, relative to the definition of "campsite".

SB 35, relative to a term for the chief justice of the supreme court.

SB 37, extending the reporting date for the committee studying prescription drug access.

SB 40, changing the method by which the insurance department assesses insurers to fund its administration fund.

SB 44, relative to false academic documentation.

SB 50, relative to the abatement of taxes in unincorporated towns or unorganized places.

SB 85, relative to collateralization of municipal trust funds.

SB 89, establishing a committee to study methods of strengthening and clarifying the comprehensive shoreland protection act and its application.

SB 92, relative to the distribution of special education funds.

Senator Pignatelli moved adoption.

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

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

HB 112, establishing a study committee on issues relating to hospital business practices and managed care organizations' networks.

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

HB 332-FN-L, relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses.

HB 388, clarifying the rights of patients of nursing facilities in the event of a proposed transfer or discharge from the facility.

HB 396, relative to the practice of physicians and surgeons.

HB 413, relative to ownership of rail properties.

HB 443, relative to a state energy plan.

HB 520, relative to clarifying qualifications of candidates.

HB 525, relative to property and casualty insurance.

HB 534, relative to "salvage" motor vehicles.

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

HB 579, relative to nominating a political organization by nomination papers.

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

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

HB 591, relative to certain prescription discount cards.

HB 635, relative to family mutual support services.

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

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

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

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

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