The Senate met at 10:15 a.m.

A quorum was present.

The prayer was offered by Senator Katherine Wheeler.

Senator Barnes led the Pledge of Allegiance.

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

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

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

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

HB 371, relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant and relative to certain time periods for review by the joint legislative committee on administrative rules.

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

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

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

HB 612, relative to expenditures from the dam maintenance fund by the department of environmental services and extending a study committee report date.

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.

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

SB 58, revising the requirements for a license as a bingo supplies or lucky 7 tickets distributor.

SB 82, relative to service of process in marital matters.

SB 100, establishing a committee to study the feasibility of creating a mental health court division.

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

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

SB 144-FN, increasing bail commissioner's' fees.

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

SB 114, establishing a committee to study issues relating to judicial reform, and making an appropriation therefor.

SB 143, establishing a study committee relative to registering and regulating home improvement contractors.

SCR 1, urging the supreme court to expand the membership of the advisory committee on rules to include legislative members.

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 18, relative to termination of small trusts.

SB 18, relative to termination of small trusts.

Senator Gordon moved to nonconcur and requests a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

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 57, relative to the economic development matching grants program.

SB 57, relative to the economic development matching grants program.

Senator Below moved to concur.

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 68, relative to school district placements of children living in foster homes.

SB 68, relative to school district placements of children living in foster homes.

Senator O’Hearn moved to nonconcur and requests a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

The House of Representatives refuses to concur with the Senate in the adoption of the amendment(s) to the following entitled Bill sent down from the Senate:

HB 238, relative to interstate banking.

And requests a Committee of Conference.

The Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

HB 238, relative to interstate banking.

Senator Larsen moved to accede to the request for a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

The House of Representatives refuses to concur with the Senate in the adoption of the amendment(s) to the following entitled Bill sent down from the Senate:

HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for developmental disabilities.

And requests a Committee of Conference.

The Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for developmental disabilities.

Senator Wheeler moved to accede to the request for a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

2001-1361-EBA

08/10

Enrolled Bill Amendment to SB 123

The Committee on Enrolled Bills to which was referred SB 123

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 grammatical correction.

Amend section 5 of the bill by replacing line 1 with the following:

5 Report. The committee shall report its findings and any recommendations for proposed

Senator Pignatelli moved adoption.

2001-1430-EBA

04/09

Enrolled Bill Amendment to HB 532

The Committee on Enrolled Bills to which was referred HB 532

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 grammatical correction to a section of the bill.

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

manufacturers, health maintenance organizations, insurance carriers, and health care providers.

Senator Pignatelli moved adoption.

HB 105-FN-A, establishing an agricultural nutrient management program and making an appropriation therefor. Finance Committee. Vote 5-1. Ought to Pass, Senator Hollingworth for the committee.

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1405s

10/04

Amend the bill by replacing section 3 with the following:

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

HB 181-FN, relative to group II retirement system membership for police and corrections officers who become police trainers. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 183-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

HB 186-FN-A, establishing a pesticides training program. Finance Committee. Vote 6-0. Ought to Pass, Senator Gatsas for the committee.

HB 302-FN, relative to an optional retirement allowance for certain spouses upon a retiree's remarriage. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 305-FN-A, establishing a dedicated fund for certain fish and game funds to be expended for the purpose of operation game thief. Finance Committee. Vote 6-0. Ought to Pass, Senator Gatsas for the committee.

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 326-FN-A, relative to the continuation of the New Hampshire task force on deafness and hearing loss and making an appropriation therefor. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1413s

05/10

Amend the bill by replacing section 5 with the following:

5 Appropriation. To foster the stability and effectiveness of the newly established Northeast Deaf and Hard of Hearing Services, Inc., or other qualified deaf and hard of hearing consumer governed organizations, an appropriation in the amount of $10 is made for each year of the biennium to the governor’s commission on disability for the purpose of supporting the designated non-profit organization’s development and to assist it in securing contracts, private and public grants, and other funding sources for the organization’s continued operation. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

HB 347-FN, relative to terminal pay for certain state officials or employees. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Barnes for the committee.

2001-1416s

04/01

Amend the bill by replacing section 3 with the following:

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

HB 350-FN, relative to persons with disabilities participating in the work incentive program. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 393-FN, relative to plant nurseries and nursery stock. Finance Committee. Vote 4-2

Ought to Pass, Senator Gatsas for the committee.

Senator Gatsas moved to substitute re-referred for ought to pass.

HB 459-FN, relative to inspection requirements for antique vehicles. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce 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. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 477-FN, relative to supplemental allowances for certain retired group I members of the New Hampshire retirement system. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 570-FN, relative to the unemployment compensation law. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Barnes for the committee.

2001-1419s

08/03

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

AN ACT relative to the unemployment compensation law and creating a dedicated fund for the job training program for economic growth and making certain changes to the program.

Amend the bill by replacing all after section 6 with the following:

7 Administrative Contribution to the Training Fund. Amend RSA 282-A:87, IV(a) to read as follows:

IV.(a)(1) Each employer subject to payment of contributions pursuant to RSA 282-A:69, I shall have its rate reduced by 1/10 of one percent beginning in the second quarter of 1996. An administrative contribution equal to the amount of this reduction shall be paid by all such employers.

(2) Commencing July 1, 2001, after deduction of all costs incurred in the collection of the administrative contribution, 1/3 of the quarterly administrative contribution collected, not to exceed $1,000,000 annually, shall be deposited each quarter in the fund established by RSA 282-A:138-a and shall be expended only as provided by and for the purposes provided in that section. The remaining quarterly administrative contribution collected shall be [and] deposited in the fund established by RSA 282-A:140 and shall be expended only as provided by and for the purposes provided in that section, and not for any other purpose.

(3) In the event the unemployment compensation trust fund fails to equal or exceed $275,000,000 throughout the preceding calendar quarter, the funds referred to in subparagraph IV(a)(2) shall not be deposited as provided in that section but 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.

8 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.

9 Grant Review Committee. RSA 188-F:52, II (b) is repealed and reenacted to read as follows:

(b) Seat a grant review committee consisting of the following:

(1) The commissioner of the department of regional community-technical colleges, or designee.

(2) The commissioner of the department of employment security, or designee.

(3) The commissioner of the department of resources and economic development, or designee.

(4) One member representing labor, nominated by the commissioner of regional community-technical colleges and approved by the board of trustees.

(5) Three members representing business and industry. The governor, senate president, and speaker of the house of representatives shall each appoint one such member. No individual shall concurrently serve as a representative of business and industry while a member of the workforce opportunity council or an employee of any business represented thereon, or while a member or employee of any other entity represented on the grant review committee.

(6) One senator appointed by the senate president.

(7) One representative appointed by the speaker of the house of representatives.

(8) The president of the Workforce Opportunity Council, Inc.

10 New Paragraphs; Additional Eligibility for Training Grants. Amend RSA 188-F:53 by inserting after paragraph VI the following new paragraphs:

VII. Intent by a business to locate within the state shall be established to the satisfaction of the grant review committee. A minimum requirement for intent to be established shall be:

(a) Proof of substantial investment or a binding contractual obligation consistent with such intent;

(b) The lease or purchase of real estate or equipment within the state necessary for the planned move; or

(c) Such other requirement as may be established under rules adopted by the commissioner of regional community-technical colleges.

VIII. Submission of documents to substantiate proof of intent by a business to locate within the state shall be in accordance with rules adopted by the commissioner of regional community-technical colleges.

IX. No grant shall be made to the state including the state university system.

X. No grant shall be made to any county, city, town, or other political subdivision which has not currently elected to pay contributions pursuant to RSA 282-A:71, II.

XI. No grant shall be made to any organization or group of organizations, described in section 501(c)(3) and exempt under section 501(a) of the Internal Revenue Code which has not currently elected to pay contributions pursuant to RSA 282-A:69, II.

11 Cap on Administrative Costs. RSA 188-F:54, IV is repealed and reenacted to read as follows:

IV. The department shall be authorized to use no more than 10 percent, or $100,000, of any moneys received from the training fund established at RSA 282-A:138-a, whichever is less, to administer this program.

12 Performance Criteria and Reporting. RSA 188-F:56, I is repealed and reenacted to read as follows:

I. No later than April 1, 2002, the grant review committee shall establish performance criteria. The committee shall submit annually at the end of each fiscal year, to the commissioner of the department of regional community-technical colleges, the commissioner of the department of employment security, the governor, the senate president, the speaker of the house of representatives and the fiscal committee of the general court a report indicating the level of performance achieved through the program. Performance indicators shall include, at a minimum, the number of existing jobs retained, the number of existing employees retained, and the number of new jobs created, as a result of this program.

13 Repeal. The following are repealed:

I. RSA 282-A:87, IV (e), relative to advisory council role if employment security programs devolve to the state.

II. 1996, 49:6, II, relative to designating a portion of employer contributions for unemployment compensation to the contingent fund.

III. 1996, 49:7, III, relative to effective date of paragraph II of section 6.

14 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.

15 Effective Date.

I. Section 2 of this act shall take effect June 30, 2002.

II. Section 6 of this act shall take effect upon its passage.

III. Paragraphs I and III of section 13 of this act shall take effect 60 days after its passage.

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

2001-1419s

AMENDED ANALYSIS

This bill makes adjustments to the maximum benefit amounts payable under the unemployment compensation law effective July 1, 2001 and June 30, 2002; increases certain late filing fees; eliminates certain required annual audits of funds administered under RSA 282-A; and changes certain timing requirements under the unemployment compensation law.

This bill also 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.

HB 606-FN, relative to the Christa McAuliffe planetarium. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

HB 637-FN, requiring annual training for members of the workers' compensation appeals board. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 769-FN-L, relative to fees paid by municipalities for excavating and dredging permit applications. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 499, making state-appointed advisory committees subject to the right-to-know law. Internal Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-1418s

01/10

Amend RSA 91-A:1-a, I(b) as inserted by section 1 of the bill by replacing it with the following:

[II.](b) The governor's council and the governor with the governor's council; including any advisory committee established by the governor by executive order or by the governor’s council;

HB 554-FN, establishing a division of information technology within the department of safety. Internal Affairs Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

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

SPLIT REPORT: Inexpedient to Legislate, Senator O'Neil for the committee. Vote 2-2

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

Senator Hollingworth moved to have HB 738, establishing a commission to assess the operating efficiency of state government, laid on the table.

Senator Francoeur moved that the following bills be made a Special Order for Thursday, June 7, 2001 at 10:16 a.m.

HB 412, relative to requiring the public higher education study committee to study the feasibility of granting of state franchise rights to providers of on-line education courses. Education Committee. Vote 4-0. Ought to Pass, Senator O'Hearn for the committee.

HB 679, establishing a commission to examine models of out-of-school care for children in kindergarten through grade 12. Education Committee. Vote 3-0. Re-referred, Senator McCarley for the committee.

HB 726-L, relative to change of school assignment and transfers of public school pupils.

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

HB 405, establishing a committee to study the creation of an at-home infant child care program in New Hampshire.

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

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 Thursday, June 7, 2001 at 10:15 a.m.

Third Reading and Final Passage

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

HB 123-FN, relative to the retirement system classification for the director of the division of safety services, department of safety.

HB 181-FN, relative to group II retirement system membership for police and corrections officers who become police trainers.

HB 183-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system.

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

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

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

HB 311-FN-A, increasing the fees under the laws relative to sewage disposal systems to support a position at the department of environmental services to advocate for and implement long-term septage disposal solutions in partnership with New Hampshire municipalities.

HB 326-FN-A, relative to the continuation of the New Hampshire task force on deafness and hearing loss and making an appropriation therefor.

HB 347-FN, relative to terminal pay for certain state officials or employees.

HB 350-FN, relative to persons with disabilities participating in the work incentive program.

HB 459-FN, relative to inspection requirements for antique vehicles.

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

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

HB 499, making state-appointed advisory committees subject to the right-to-know law.

HB 570-FN, relative to the unemployment compensation law.

HB 606-FN, relative to the Christa McAuliffe planetarium.

HB 637-FN, requiring annual training for members of the workers' compensation appeals board.

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