03/01

Enrolled Bill Amendment to HB 164

The Committee on Enrolled Bills to which was referred HB 164

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a reference in the bill and makes certain punctuation changes to conform to the existing provisions of the statute amended by the bill.

Amend the bill by replacing section 1 with the following:

1 Employment Security; Unemployment Compensation; Confidentiality of Reports or Statements. Amend RSA 282-A:118, II-III to read as follows:

II. That a claimant may inspect records and reports of an individual or employing unit which are directly connected with any claim for benefits which he may have made, including any which he has submitted in support of his claim for benefits; but he shall not be entitled to inspect the separate account or records directly connected therewith of any employing unit; [and]

III. That public employees in the performance of their public duties may inspect records and reports of an individual, an employing unit, or a claimant where such information will aid in the performance of their public duties;

IV. That authorized federal employees granted access as provided in paragraph III shall be granted access on a case-by-case basis. In no event shall access to or copies of any database, whether written, electronic, or other, be provided to any agency, employee, or agent of the federal government except as required by federal or state law and duly authorized by the commissioner; and

V. That for the purpose of assessing governmental performance and accountability, the commissioner may provide information to the Wage Record Interchange System developed by the U.S. Department of Labor as administered by the National Association of State Workforce Agencies (NASWA) and utilized by each state’s Performance Accountability and Customer Information Agency (PACIA). The use of the information shall be limited to the purposes contained in the federal Workforce Investment Act or the Wagner-Peyser Act. Information under this paragraph shall only be provided upon a finding by the commissioner that sufficient guarantees of continued confidentiality are in place.

Senator Pignatelli moved adoption.

2001-1451-EBA

05/09

Enrolled Bill Amendment to HB 595

The Committee on Enrolled Bills to which was referred HB 595

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 RSA 402-J:14, II as inserted by section 1 of the bill by replacing line 5 with the following:

insurer’s holding company system or group by the filing of [an] a single appointment request.

Senator Pignatelli moved adoption.

2001-1436-EBA

04/09

Enrolled Bill Amendment to HB 303-FN-A-LOCAL

The Committee on Enrolled Bills to which was referred HB 303-FN-A-LOCAL

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 certain grammatical and technical corrections.

Amend section 1 of the bill by replacing line 4 with the following:

and EMS responders play in the maintenance of the health and safety of the citizens of and visitors to

Amend section 1 of the bill by replacing lines 15-16 with the following:

responsibility of the divisions of fire standards and training and emergency medical services to provide these professions with their services at a regional level. It is recognized that these funds will be used for the delivery of

Amend section 4 of the bill by replacing line 14 with the following:

standards and training and emergency medical services, the development of technological

Amend section 5 of the bill by replacing lines 7-8 with the following:

(a) Fees for tuition, services, and licenses under RSA 21-P:12-a and RSA 21 P:12-b.

(b) Tuition reimbursement under RSA 21-P:12-a and RSA 21-P:12-b.

Amend section 12 of the bill by replacing line 8 with the following:

the original or youth operator’s license. Under certain conditions the commissioner may waive

Senator Pignatelli moved adoption.

2001-1407-EBA

05/01

Enrolled Bill Amendment to HB 370

The Committee on Enrolled Bills to which was referred HB 370

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 bill makes a grammatical correction to the title of the bill.

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

AN ACT relative to the regulation of trapping by the fish and game department.

Senator Pignatelli moved adoption.

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

HB 107, naming a certain bridge in the town of Milford and naming the LaMott Wing at the Glencliff Home for the Elderly.

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

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

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

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.

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

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

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

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

Senator Pignatelli moved adoption.

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until Thursday, June 7, 2001 at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator O'Neil led the Pledge of Allegiance.

2001-1439-EBA

03/10

Enrolled Bill Amendment to SB 150

The Committee on Enrolled Bills to which was referred SB 150

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a typographical error in a bill section heading.

Amend section 17 of the bill by replacing line 2 with the following:

paragraph of RSA 171-A:19 to read as follows:

Senator Pignatelli moved adoption.

2001-1412-EBA

05/01

Enrolled Bill Amendment to SB 45

The Committee on Enrolled Bills to which was referred SB 45

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 bill makes a technical correction to the RSA section number.

Amend section 5 of the bill by replacing lines 2-3 with the following:

inserting after section 62 the following new section:

301:63 Special Contracts. The commission shall not order changes in the total rates or impose

Senator Pignatelli moved adoption.

2001-1432-EBA

06/09

Enrolled Bill Amendment to SB 55

The Committee on Enrolled Bills to which was referred SB 55

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 technical and grammatical corrections.

Amend the bill by renumbering the sections following section 2 to read as sections 3-7, respectively.

Amend paragraph III of section 3 of the bill by replacing lines 3-4 with the following:

members of the public who were placed at the youth development center or whose children were placed at the youth development center.

Amend paragraph I of section 4 of the bill by replacing line 1 with the following:

I. Review the last 5 years of caseload/population and length of stay data for juveniles within

Senator Pignatelli moved adoption.

2001-1452-EBA

03/10

Enrolled Bill Amendment to SB 61

The Committee on Enrolled Bills to which was referred SB 61

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

This enrolled bill amendment inserts a subdivision heading for the RSA section inserted by this act. This enrolled bill amendment also modifies a section and inserts a contingency to avoid a conflict with SB 63 of the 2001 legislative session.

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

1 New Subdivision; Summary Administration. Amend RSA 553 by inserting after section 31 the following new subdivision:

Summary Administration

553:32 Summary Administration.

Amend the bill by replacing section 3 with the following:

3 New Subdivision; Summary Administration. Amend RSA 553 by inserting after section 32 the following new subdivision:

Summary Administration

553:33 Summary Administration.

I. This section shall apply to all estates, testate and intestate, other than those estates governed by RSA 553:31 and RSA 553:32.

II. Summary administration is available to expedite the closing of an estate when further court supervision of the administration of the estate is no longer necessary. The approval of a motion for summary administration by the court will eliminate the requirement of filing a final account and receipts for the balance of the estate. All other documents required by statute shall be filed. In those estates in which there is federal estate tax liability, the court shall not require the administrator to file a closing letter from the Internal Revenue Service. An administrator may file a motion for summary administration to close an estate not less than 6 months after the date of appointment of the administrator.

III.(a) A motion for summary administration shall contain a statement of the administrator under oath that:

(1) The estate of the decedent has been open for at least 6 months.

(2) To the best of the knowledge and belief of the administrator there are no outstanding debts, obligations, or unpaid or unresolved claims attributable to the deceased’s estate.

(3) No New Hampshire estate or inheritance taxes are due, or all applicable New Hampshire estate and inheritance taxes have been paid, and a certificate from the department of revenue administration under RSA 86:32 has been filed with the court.

(4) No federal estate tax is due, or the federal estate tax return has been filed and all taxes reported thereon have been paid.

(5) Court supervision of the administration of the estate is no longer necessary.

(6) The administration of the estate will be completed without further court supervision in accordance with the decedent’s will and applicable law.

(b) The administrator shall attach to the motion either receipts or assents from all specific legatees, and assents from all other persons beneficially interested, as defined in RSA 550:12. The assents shall state that the beneficially interested person:

(1) Agrees that further court supervision of the administration of the estate is no longer necessary;

(2) Does not request a final accounting; and

(3) Requests that the motion for summary administration be granted.

IV. The court may grant a motion for summary administration if all provisions of paragraphs II and III have been met. Upon the granting of a motion for summary administration, the court shall close the estate and release the bond. The administrator shall then be obligated to complete the administration of the estate without further court supervision in accordance with the decedent’s will and applicable law.

4 Contingency. If SB 63 of the 2001 regular session becomes law, section 3 of this act shall take effect 30 days after its passage and section 1 of this act shall not take effect. If SB 63 of the 2001 regular session does not become law, section 1 of this act shall take effect 30 days after its passage and section 3 of this act shall not take effect.

5 Effective Date.

I. Sections 1 and 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect 30 days after its passage.

Senator Pignatelli moved adoption.

2001-1431-EBA

05/01

Enrolled Bill Amendment to SB 131-FN-A

The Committee on Enrolled Bills to which was referred SB 131-FN-A

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.

Amend section 5 of the bill by replacing line 2 with the following:

legislation to the senate president, the speaker of the house of representatives, the senate clerk, the

Senator Pignatelli moved adoption.

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 62, relative to guardianships.

SB 62, relative to guardianships.

Senator Gordon 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 69-FN, relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor.

SB 69-FN, relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor.

Senator Roberge moved to nonconcur.

Senator Francoeur moved to have SB 69-FN, relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor, laid on the table.

SB 69-FN, relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor.

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

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

Senator Eaton 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 167-FN, relative to the medicaid payment for long-term care services.

SB 167-FN, relative to the medicaid payment for long-term care services.

Senator Wheeler 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 74, relative to providing services under the Child Protection Act.

SB 74, relative to providing services under the Child Protection Act.

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 accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 74, relative to providing services under the Child Protection Act.

And the Speaker, on the part of the House, 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 130-FN, extending the period in which an expired electrician's license may be renewed.

SB 130-FN, extending the period in which an expired electrician's license may be renewed.

Senator Prescott 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 accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 130, extending the period in which an expired electrician’s license may be renewed.

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

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

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

And the Speaker, on the part of the House, 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 260, establishing a commission to examine child care resources for parents who work hours other than first shift.

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

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:

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

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

Senator Johnson 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:

SENATORS: Johnson, Eaton, Cohen

The House of Representatives accedes to the request of the Senate for a Committee of Conference on the following entitled Bill:

SB 18, relative to termination of small trusts.

And the Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference.

HB 351-FN-A-L, requiring the state to fully fund school building aid payments for fiscal year 2001 and making an appropriation therefor. Finance Committee. Vote 4-3. Ought to pass with amendment, Senator Barnes for the committee.

2001-1441s

04/09

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

AN ACT requiring the state to fully fund school building aid payments for fiscal year 2001 and making an appropriation therefor and relative to instructional and operational costs of providing an adequate education.

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

3 Purpose; Intent. The general court finds that the duty of the state is to provide an opportunity for every child to receive an adequate elementary and secondary education. Educational competence is accomplished through capable and thoughtful instruction. It shall be the responsibility of the state to provide educational instruction. This responsibility includes instructional costs related to providing an adequate education including, but not limited to, classroom teachers, classroom materials, professional development, building aid, and special education costs.

4 Education Property Tax; Rate Reduced. Amend RSA 76:3 to read as follows:

76:3 Education Property Tax. An annual education property tax at the uniform rate of [$6.60] $4.60 on each $1000 of the value of taxable property is hereby imposed on all persons and property taxable pursuant to RSA 72 and RSA 73, except property subject to tax under RSA 82 and RSA 83-F.

5 State Board of Education Rulemaking Authority Amended. Amend RSA 21-N:9, II (l) to read as follows:

(1) Special education programs affecting all educationally disabled individuals, as authorized by RSA 186-C:5[,] and 186-C:16 [and 186-C:18, V].

6 Special Education; Educationally Disabled Children in State Institutions. Amend RSA 186-C:19, II to read as follows:

II. For an educationally disabled child in a state institution, the responsible school district shall be liable for all expenses incurred in administering the law in relation to educationally disabled children except as follows: For the 1982 and 1983 fiscal years, the responsible school district’s annual financial liability for a child who was enrolled at the Laconia state school and training center as of July 1, 1981, shall not exceed the applicable state average per pupil cost as determined by the state board of education, and the state shall be liable for the balance of such costs[, which shall in no case be taken from the $ 10,000,000 appropriated for state aid under RSA 186-C:18]. If more than one school district is liable for such a child during a single fiscal year, the total annual financial liability to the school districts shall not exceed the applicable state average per pupil cost, said liability to be prorated on a per diem basis. For such a child who is enrolled at Laconia developmental services for less than a full year, the liability for such costs shall be prorated on a per diem basis by Laconia developmental services.

7 Pupils; Compulsory Attendance Amended. Amend RSA 193:1, I (c) to read as follows:

(c) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of the parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student’s educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating [state aid under RSA 186-C:18 and] adequate education grants under RSA 198:41.

8 Statewide Education Improvement and Assessment Program; Duties of the Legislative Oversight Committee Amended. Amend RSA 193-C:8 to read as follows:

193-C:8 Duties of the Legislative Oversight Committee. The oversight committee shall:

I. Review the development and implementation of the program to ensure that they are in accordance with legislative policy. Implementation of the program shall be in conjunction with the committee’s review.

II. Review the provisions of RSA 198:40, in the second year of each biennial session, and recommend any legislation necessary to modify such provisions.

9 School Money; Reimbursement Anticipation Notes Amended. Amend RSA 198:20-d to read as follows:

198:20-d Reimbursement Anticipation Notes. Notwithstanding any other provision of law to the contrary, a school district or a city with a dependent school district may incur debt in anticipation of reimbursement [under RSA 186-C:18 and] under RSA 198:42. The governing body, after notice and public hearing, may elect to borrow such funds and to recognize the proceeds of the borrowing as revenue for property tax rate setting purposes by providing written notification to the commissioner of the department of revenue administration stating the specific amount of borrowing to be recognized as revenue. Any borrowing under this section shall be exempt from the provisions of RSA 33, relative to debt limits.

10 School Money; State Aid for Educational Adequacy; Definition Amended. Amend RSA 198:38, X to read as follows:

X. "Average daily membership in residence" and "resident pupils" mean the average daily membership in residence as defined in RSA 189:1-d, IV except that no kindergarten pupil shall count as more than 1/2 day attendance per calendar day.

11 New Paragraph; School Money; State Aid for Educational Adequacy; Definitions Amended. Amend RSA 198:38 by inserting after paragraph XI the following new paragraph:

XI-a. "Adjusted average daily membership in residence" for a municipality shall be determined by dividing the total statewide average daily membership in residence, as calculated by adding the average daily membership in residence of each municipality in the state, by the total number of weighted pupils statewide, as calculated in paragraph VII of this section. The result shall be multiplied by the number of weighted pupils in a municipality.

12 School Money; Instructional Costs of Providing an Adequate Education. RSA 198:40 is repealed and reenacted to read as follows:

198:40 Instructional Costs of Providing an Adequate Education; State Aid.

I. For the fiscal year beginning July 1, 2002, and every fiscal year thereafter, the essential elements of an adequate education shall be:

(a) High quality classroom teachers.

(b) A commitment to ongoing professional development.

(c) Sufficient classroom materials to facilitate quality instruction.

(d) Instructional technology to facilitate quality instruction.

(e) Special education services sufficient to provide a free and appropriate education to special needs pupils.

(f) Supplemental assistance to needy communities.

(g) Adequate classroom space for instruction; and including school building and educational administration building construction and renovation.

II. For the fiscal year beginning July 1, 2002, and every fiscal year thereafter, the cost of the essential elements of an adequate education as set forth in paragraph I shall be calculated as follows:

(a) The state shall be responsible for the cost of instructional services necessary to provide an adequate education to all public elementary and secondary school pupils. Each school district in the state shall receive an amount equal to $42,500 multiplied by the most recent available adjusted average daily membership in residence for the school district, the product of which shall be divided by 20.

(b) The state shall be responsible for the cost of professional development of instructional staff. Each school district in the state shall receive an amount equal to not less than $50 per pupil multiplied by the most recent available adjusted average daily membership in residence for the school district.

(c) The state shall be responsible for the cost of sufficient classroom materials, textbooks, and other instructional supplies. Each school district in the state shall receive an amount equal to $100 per pupil multiplied by the most recent available adjusted average daily membership in residence for the school district.

(d) The state shall be responsible for the cost of instructional technology to facilitate quality instructional technology to facilitate quality instruction in all public elementary and secondary schools. Each school district shall receive an amount equal to not less than $50 per pupil multiplied by the most recent available adjusted average daily membership for the school district.

(e)(1) The state shall be responsible for the cost of programs and services for educationally disabled children in public elementary and secondary schools of the state. The department of education shall determine the cost of programs and services for educationally disabled children using information from the most recent available DOE-25 report. Ninety percent of the cost determined in this subparagraph shall be distributed to school districts on a per pupil basis as calculated by the most recent available average daily membership in residence in each school district.

(A) School districts shall submit their extraordinary special education costs to the state board of education by June 30 of each fiscal year. The state board of education shall then verify the cost and distribute the appropriate amounts for the previous fiscal year on or before January 1 of each fiscal year.

(B) School districts shall submit their limited-English–proficient programs and services costs to the state board of education by June 30 of each fiscal year. The state board of education shall then verify the cost and distribute the appropriate amounts for the previous fiscal year on or before January 1 of each fiscal year.

(C) Upon approval of the state board of education, the department of education may use up to $200,000 in any fiscal year from the extraordinary special education fund for administration of the extraordinary special education fund and for management and coordination of special education programs or services that are statewide in their scope. Upon approval of the state board of education, the department of education may use up to $800,000 in any fiscal year from the extraordinary special education fund for grants to school districts for special education programs or services that are statewide in their scope.

(3) Not more than $2,000,000 from the extraordinary special education fund in each fiscal year shall be used to provide early literacy and reading improvement assistance to school districts to help students in kindergarten through grade 3 to read and write at grade level by the end of grade 3; to provide, develop, and evaluate outcome-proven programs and courses; and to provide technical assistance and professional development activities through grants, contracts with consultants, and employment of individuals to fill authorized, program-related positions. The administration of the early literacy and reading improvement program shall involve the following:

(A) Establishing forms and procedures for districts to use for the development and submission of early literacy and reading improvement grant requests, including:

(i) A detailed plan and budget, with the opportunity to request up to 3 years of financial assistance primary school professional development; and the further opportunity to apply for additional assistance based on demonstrated need.

(ii) An assurance that grant funds will be used only to supplement and not supplant on-going local efforts.

(iii) A description, if applicable, of how grant activities were planned in consultation with, and will be implemented in coordination with the goals of the initiative.

(iv) A delineation of the geographic area to be served by the project.

(B) Providing assistance to districts in the development of grant requests.

(C) Establishing an equitable grant review process that:

(i) Includes an evaluation of each proposal’s adequacy, educational appropriateness, and cost effectiveness, and the extent to which additional revenues are required to implement the proposed plan and activities.

(ii) Gives priority to districts with lower-performing schools in reading and which are proposing reasonable efforts to address early literacy needs and/or improve reading performance.

(D) Reviewing grant requests with recommendations for approval, including level of funding and, to the extent possible, balanced geographic distribution.

(E) Distributing grant payments to school districts in accordance with an established payment schedule specified in the district’s grant approval notification.

(F) Monitoring the implementation of funded plans and activities.

(G) Evaluating the educational impact of the early literacy and reading improvement program on reading skill and comprehension in students in kindergarten through grade 3.

(H) The state board shall, pursuant to RSA 541-A, and not later than July 1, 2002, adopt rules relative to the administration of the early literacy and reading improvement program established in this paragraph.

(4) A school district that receives state funding for special education under this paragraph shall apply for all available federal assistance for educationally disabled pupils, including any funds available through the Medicaid program. The state board of education shall adopt rules, pursuant to RSA 541-A, to implement this requirement.

(5) Moneys from the extraordinary special education fund shall be used to reimburse school districts for the cost of transportation of vocational education pupils who reside in the district, in accordance with the distribution schedule in subparagraph (e)(2).

(f) The state shall be responsible for providing supplemental assistance to needy school districts. The department shall determine the amount of supplemental assistance to be distributed pursuant to the following formula:

(1) Divide each municipality’s total equalized valuation by its average daily membership in residence. The result shall be the municipal valuation per pupil.

(2) From the list of municipal valuations per pupil calculated in subparagraph (1) where the municipal valuation per pupil is greater than zero, determine the median. This result shall be the state median municipal valuation per pupil.

(3) For each of the municipalities where the municipal valuation per pupil is less than the state median municipal valuation per pupil, subtract the municipal valuation per pupil from the state median municipal valuation per pupil and divide the result by the state median valuation per pupil. Multiply this result by the municipality’s average daily membership in residence. This shall be the municipal valuation differential.

(4) Determine the sum of all municipal valuation differentials.

(5) For each of the municipalities where the municipal valuation per pupil is less than the state median valuation per pupil, divide the municipal valuation differential by the sum of all municipal valuation differentials determined in subparagraph (4) and multiply the result by 75,000,000. The product shall be the amount of supplemental assistance distributed to each school district.

(g) The state shall be responsible for making grants available under the school building aid program set forth in RSA 198:15-a through 198:15-h.

(h) The state shall be responsible for other salaries, materials, programs, or services which are deemed in legislation to be instructional in nature and necessary for the provision of an adequate education.

III. State aid for instructional costs of providing an adequate education shall be paid to school districts legally responsible for the education of pupils who attend approved schools within the district or in other districts. Payment of such state aid for instructional costs shall be made during the fiscal year in which such aid is due.

IV. State aid for instructional costs of providing an adequate education shall be disbursed to school districts in the form of block grants.

V. Beginning July 1, 2003, and every July 1 thereafter, state aid for instructional costs of providing an adequate education as defined in paragraph II of this section shall be increased by 3 percent unless the general court decides otherwise.

VI. Nothing in this section shall be construed to affect, alter, or modify the provisions of RSA 198:43 relative to additional education expenditures, and RSA 198:48, relative to maintenance of local control.

13 New Section; Operational Costs for Providing an Adequate Education. Amend RSA 198 by inserting after section 40 the following new section:

198:40-a Operational Costs of Providing an Adequate Education.

I. In addition to the provisions set forth in RSA 194, the school districts of this state shall be responsible for the operational costs of providing an education to all elementary and secondary school pupils. Such operational costs shall include, but are not limited to the following:

(a) Building maintenance.

(b) Transportation of pupils.

(c) School district administration, including the costs of maintaining a school administrative unit pursuant to RSA 194-C.

(d) Extracurricular activities.

(e) Lunch programs and other food service programs provided at the local level.

II. A school district shall be responsible for any other programs which the school district determines are necessary to meet local educational goals and objectives.

14 School Money; Determination of Adequate Education Grants Amended. Amend RSA 198:41, I to read as follows:

I. Except for municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the department of education shall determine the amount of the adequate education grant for the municipality as follows:

(a) [Multiply the average base cost per pupil of an elementary pupil by the weighted average daily membership in residence for the municipality;

(b) Add to the product of subparagraph (a), 70 percent of the municipality’s apportioned transportation cost;] Add the sums resulting from the calculations set forth in RSA 198:40, II. Reimbursements made under RSA 198:40, II(d)(2) shall be counted in the school year in which such reimbursements are made.

[(c)] (b) Subtract from the sum of subparagraph [(b)] (a) the amount of the education property tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:9 for the next tax year.

15 Repeal. The following are repealed:

I. RSA 186-C:18, relative to state aid for special education.

II. RSA 198:38, XI relative to transportation costs.

III. RSA 198:38, V-VI, relative to the definitions of "base expenditure per pupil," and "average base cost per pupil of an elementary school pupil."

IV. 1999, 338:21, relative to the repeal of the education property tax and the determination of per pupil adequate education costs.

V. 1999, 338:22, relative to the repeal of education property tax hardship relief.

VI. 1999, 338:25, I-II, relative to the effective dates of the repeals of the education property tax, the determination of per pupil adequate education costs, and the education property tax hardship relief.

16 Effective Date.

I. Sections 1 and 2 of this act shall take effect upon its passage.

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

2001-1441s

AMENDED ANALYSIS

This bill:

I. Provides for a division between the instructional and operational costs of providing an adequate public education and requires that the state shall be responsible for the costs of instructional services provided for an adequate education.

II. Provides that local school districts shall be responsible for the operational costs of providing an adequate education which shall include pupil transportation, building maintenance, school district administration, extracurricular activities, and school lunch programs.

III. Decreases the rate of the education property tax from $6.60 on each $1,000 of the value of taxable property to $4.60 on each $1,000 of the value of taxable property.

IV. Repeals the existing prospective repeal of the education property tax.

V. Provides that the state shall fully fund school building aid payments owed to school districts for fiscal year 2001 and makes an appropriation from general fund revenues for this purpose.

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 6, 2001

2001-1518s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, II(a) as inserted by section 12 of the bill by replacing it with the following:

(a) The state shall be responsible for the cost of instructional services necessary to provide an adequate education to all public elementary and secondary school pupils. Each school district in the state shall receive an amount equal to the most recently calculated state average salary and benefits for a teacher with a master’s degree and 7 years of experience multiplied by the most recent available adjusted average daily membership in residence for the school district, the product of which shall be divided by 20.

Amend RSA 198:40, V as inserted by section 12 of the bill by replacing it with the following:

V. Beginning July 1, 2003, and every July 1 thereafter, state aid for instructional costs of providing an adequate education as defined in subparagraphs (b), (c), and (d) of paragraph II of this section shall be increased by 3 percent unless the general court decides otherwise.

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 6, 2001

2001-1517s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, II(a) as inserted by section 12 of the bill by replacing it with the following:

(a) The state shall be responsible for the cost of instructional services necessary to provide an adequate education to all public elementary and secondary school pupils. Each school district in the state shall receive an amount equal to $42,500 multiplied by the most recent available adjusted average daily membership in residence for the school district, the product of which shall be divided by 18.

Senator McCarley offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 7, 2001

2001-1515s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, I as inserted by section 12 of the bill by inserting after subparagraph (d) the following new subparagraph and renumbering subparagraphs (e)-(g) to read as (f)-(h):

(e) School administration and business services.

Amend RSA 198:40, II as inserted by section 12 of the bill by inserting after subparagraph (d) the following new subparagraph and renumbering subparagraphs (e)-(h) to read as (f)-(i):

(e) The state shall be responsible for the cost of school administration and business services to facilitate educational accountability and improvement and fiscal and personnel management. Each school district in the state shall receive an amount equal to not less than $500 per pupil multiplied by the most recent available adjusted average daily membership in residence for the school district.

Senator D’Allesandro offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 7, 2001

2001-1511s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, I as inserted by section 12 of the bill by inserting after subparagraph (d) the following new subparagraph and renumbering subparagraphs (e)-(g) to read as (f)-(h):

(e) Pupil services including guidance and attendance services.

Amend RSA 198:40, II as inserted by section 12 of the bill by inserting after subparagraph (d) the following new subparagraph and renumbering subparagraphs (e)-(h) to read as (f)-(i):

(e) The state shall be responsible for the cost of pupil services to facilitate student success. Each school district in the state shall receive an amount equal to not less than $200 per pupil multiplied by the most recent available adjusted average daily membership in residence for the school district.

Senator Wheeler offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 6, 2001

2001-1513s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, I(d) as inserted by section 12 of the bill by replacing it with the following:

(d) Instructional technology, school libraries, and media services to facilitate quality instruction.

Amend RSA 198:40, II(d) as inserted by section 12 of the bill by replacing it with the following:

(d) The state shall be responsible for the cost of instructional technology, school libraries, and media services to facilitate quality instruction in all public elementary and secondary schools. Each school district shall receive an amount equal to not less than $150 per pupil multiplied by the most recent available adjusted average daily membership for the school district.

Senator McCarley offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 6, 2001

2001-1514s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, I(g) as inserted by section 12 of the bill by replacing it with the following:

(g) Adequate classroom space for instruction; provided through approximately ½ of the cost of school building construction, renovation, operation, and maintenance.

Amend RSA 198:40, II(g) as inserted by section 12 of the bill by replacing it with the following:

(g) The state shall be responsible for approximately ½ of the cost of school building construction, renovation, operation, and maintenance. Each school district shall receive grants available under the school building aid program set forth in RSA 198:15-a through 198:15-h and an amount equal to not less than $360 per pupil multiplied by the most recent available adjusted average daily membership for the school district.

Amend RSA 198:40-a, I(a) as inserted by section 13 of the bill by replacing it with the following:

(a) Non-academic share of building maintenance.

2001-1514s

AMENDED ANALYSIS

This bill:

I. Provides for a division between the instructional and operational costs of providing an adequate public education and requires that the state shall be responsible for the costs of instructional services provided for an adequate education.

II. Provides that local school districts shall be responsible for the operational costs of providing an adequate education which shall include pupil transportation, non-academic share of building maintenance, school district administration, extracurricular activities, and school lunch programs.

III. Decreases the rate of the education property tax from $6.60 on each $1,000 of the value of taxable property to $4.60 on each $1,000 of the value of taxable property.

IV. Repeals the existing prospective repeal of the education property tax.

V. Provides that the state shall fully fund school building aid payments owed to school districts for fiscal year 2001 and makes an appropriation from general fund revenues for this purpose.

Senator Cohen offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Hollingworth, Dist. 23

June 7, 2001

2001-1516s

03/09

Floor Amendment to HB 351-FN-A-LOCAL

Amend RSA 198:40, I as inserted by section 12 of the bill by inserting after subparagraph (g) the following new subparagraph:

(h) Transportation of pupils.

Amend RSA 198:40, II as inserted by section 12 of the bill by inserting after subparagraph (h) the following new subparagraph :

(i) The state shall be responsible for 70 percent of the total statewide transportation costs.

Amend RSA 198:40-a, I(b) as inserted by section 13 of the bill by replacing it with the following:

(b) Thirty percent of the costs of transporting pupils.

2001-1516s

AMENDED ANALYSIS

This bill:

I. Provides for a division between the instructional and operational costs of providing an adequate public education and requires that the state shall be responsible for the costs of instructional services provided for an adequate education.

II. Provides that local school districts shall be responsible for the operational costs of providing an adequate education which shall include 30 percent of pupil transportation, building maintenance, school district administration, extracurricular activities, and school lunch programs.

III. Decreases the rate of the education property tax from $6.60 on each $1,000 of the value of taxable property to $4.60 on each $1,000 of the value of taxable property.

IV. Repeals the existing prospective repeal of the education property tax.

V. Provides that the state shall fully fund school building aid payments owed to school districts for fiscal year 2001 and makes an appropriation from general fund revenues for this purpose.

Senator Hollingworth offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Below, Dist. 5

June 7, 2001

2001-1512s

09/03

Floor Amendment to HB 351-FN-A-LOCAL

Amend section 15 of the bill by deleting paragraphs IV-VI.

2001-1512s

AMENDED ANALYSIS

This bill:

I. Provides for a division between the instructional and operational costs of providing an adequate public education and requires that the state shall be responsible for the costs of instructional services provided for an adequate education.

II. Provides that local school districts shall be responsible for the operational costs of providing an adequate education which shall include pupil transportation, building maintenance, school district administration, extracurricular activities, and school lunch programs.

III. Decreases the rate of the education property tax from $6.60 on each $1,000 of the value of taxable property to $4.60 on each $1,000 of the value of taxable property.

IV. Provides that the state shall fully fund school building aid payments owed to school districts for fiscal year 2001 and makes an appropriation from general fund revenues for this purpose.

Senator Larsen offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Below, Dist. 5

June 7, 2001

2001-1510s

09/03

Floor Amendment to HB 351-FN-A-LOCAL

Amend paragraph I of section 15 of the bill by replacing it with the following:

I. RSA 186-C:18, I-III, V(a)-(e), VI(a), and VII-X, relative to state aid for special education.

Senator Larsen offered a floor amendment.

Sen. Hollingworth, Dist. 23

Sen. McCarley, Dist. 6

Sen. Larsen, Dist. 15

Sen. Below, Dist. 5

June 7, 2001

2001-1509s

09/03

Floor Amendment to HB 351-FN-A-LOCAL

Amend the bill by replacing all after section 15 with the following:

16 Adequate Education and Education Financing Commission; Duties. Amend RSA 198:49, IV(a) to read as follows:

(a) Evaluate all of the elements of public education in New Hampshire to determine which elements are essential to the provision of an adequate education and what the cost of each essential element is. Recommend the costs of an adequate education for all students in New Hampshire by calculating adjustments for individual school districts based on yearly inflation, cost of living variances, diseconomies of scale, transportation variability, demographics, including for school districts with a disproportionate number of students who are economically disadvantaged or have educational disabilities, and such other factors as deemed relevant.

17 Adequate Education and Education Financing Commission; Report. Amend RSA 198:49, V to read as follows:

V. The commission shall report its findings and recommendations no later than December 1, 2000 and no later than December 1, 2001. The [report] reports shall include, for each recommendation, proposed implementation schedules with timelines, specific steps, agencies and persons responsible, and resources needed. Where feasible, all plans, measures and initiatives shall be proposed as legislation or regulation so that they will have the force of law. All recommendations and plans shall be designed to be fully implemented no later than September 1, 2004.

18 Effective Date.

I. Sections 1, 2, 16, and 17 of this act shall take effect upon its passage.

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

2001-1509s

AMENDED ANALYSIS

This bill:

I. Provides for a division between the instructional and operational costs of providing an adequate public education and requires that the state shall be responsible for the costs of instructional services provided for an adequate education.

II. Provides that local school districts shall be responsible for the operational costs of providing an adequate education which shall include pupil transportation, building maintenance, school district administration, extracurricular activities, and school lunch programs.

III. Decreases the rate of the education property tax from $6.60 on each $1,000 of the value of taxable property to $4.60 on each $1,000 of the value of taxable property.

IV. Repeals the existing prospective repeal of the education property tax.

V. Provides that the state shall fully fund school building aid payments owed to school districts for fiscal year 2001 and makes an appropriation from general fund revenues for this purpose.

VI. Provides for a duty for and a report by the adequate education and education financing commission.

Senator Francoeur moved that the Rules of the Senate be so far suspended as to allow HB 351 to be read a second time, and that its title be the same as adopted, and that it be ordered to third reading and final passage at the present time.

HB 351-FN-A-L, requiring the state to fully fund school building aid payments for fiscal year 2001 and making an appropriation therefor.

Senator McCarley offered a floor amendment.

2001-1437s

04/09

Floor Amendment to HB 412

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

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

3 Fiscal Year 2001 School Building Aid Payments. Notwithstanding RSA 198:15-e, the state shall provide the sum of $2,000,000 which shall be used to fund 100 percent of school building aid payments to be disbursed to the school districts of the state in fiscal year 2001.

4 Appropriation. The sum of $2,000,000 for the fiscal year ending June 30, 2001 is hereby appropriated to the department of education for the purpose of providing 100 percent funding of school building aid payments for fiscal year 2001. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

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

2001-1437s

AMENDED ANALYSIS

This bill requires the public higher education study committee to study the feasibility of granting state franchise rights to the providers of on-line education courses and requires that the committee include, in its next regularly scheduled report to the general court, its findings and recommendations on this matter and provides that the state shall fully fund school building aid payments owed to school districts for fiscal year 2001 and makes an appropriation from general fund revenues for this purpose.

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.

Senator McCarley offered a floor amendment.

2001-1492s

04/09

Floor Amendment to HB 679

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

Amend the bill by replacing all after section 7 with the following:

8 New Chapter; Early Literacy and Reading Improvement. Amend RSA by inserting after chapter 193-F the following new chapter:

CHAPTER 193-G

Early Literacy and Reading Improvement

193-G:1 Purpose. The general court finds that in order to implement New Hampshire's policy of providing all pupils with the opportunity to acquire an adequate public elementary and secondary education, it is essential that by the end of grade 3 every child is reading independently at grade level. To this end, the general court enacts a program of professional development and support for 2 groups of adults who impact the child’s reading skill: primary school teachers, and the parents and early child care providers who care for and educate preschool children.

193-G:2 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of education.

II. "Department" means the department of education.

III. "Early child care providers" means individuals who are paid to provide care and education to children from birth through age 5 that are not enrolled in a primary school.

IV. "Early childhood specialist" means an experienced teacher who, by virtue of specialized training, appropriate experience, and demonstrated success has the knowledge and skills necessary to provide early learning and reading assistance to other individuals.

V. "Fund" means the early literacy and reading improvement fund established in
RSA 193-G:4.

VI. "Pre-school children" means children from birth through age 5 that are not enrolled in a primary school.

VII. "Primary caregivers" means parents, guardians, and others with primary responsibility for the child.

VIII. "Primary school" means a school that includes grades K-3 or any grouping thereof.

IX. "State board" means the state board of education.

193-G:3 Comprehensive Early Literacy and Reading Improvement Initiative. The department of education shall provide evidence-based, outcome-proven support and education to the primary caregivers, early child care providers, and primary school teachers and administrators that shape the language and literacy development of children through the end of grade 3.

I. Through the early literacy and reading improvement initiative, the department shall:

(a) Provide primary school teachers and administrators with structured, outcome-proven, school-wide professional development in reading instruction, through the use of intensive summer institutes, regional meetings, and reading specialists who will provide follow-up activities and continuous technical assistance during the school year.

(b) Provide early childhood providers with access to early childhood specialists who will provide outcome-proven instruction and support in the development of early literacy in pre-school children, and scholarships to participate in college credit courses in the development of early literacy in pre-school children.

(c) Provide primary caregivers with an outcome-proven program that utilizes school-linked parent educators to provide information and examples, and demonstrate to primary caregivers the key elements in developing the young child's early literacy knowledge.

II. The department shall:

(a) Involve institutions of higher education in partnerships to better prepare new teachers to deliver outcome-proven, early literacy knowledge and skills and reading instruction.

(b) Coordinate opportunities for local school districts, the department of education, the department of health and human services, institutions of higher education, early child care providers, and parents to work together to deliver high-quality, outcome-proven reading instruction to primary school children and age-appropriate early literacy in pre-school children.

III. The department shall be responsible for evaluating the educational impact of the programs set forth in this section.

193-G:4 Early Literacy and Reading Improvement Fund.

I. There is established an early literacy and reading improvement fund in the department of education. This fund shall be used for the purpose of providing developmentally appropriate literacy instruction and support to primary care givers, and early child care providers. The content of this early literacy instruction shall be aligned with professional development in reading instruction in public primary schools. This fund shall be nonlapsing and shall be administered by the department. For each of the fiscal years beginning July 1, 2001, and July 1, 2002, 1/3 of one percent of the statewide cost of providing an adequate education for that fiscal year, as calculated in accordance with RSA 198:40, III, shall be transferred from the education trust fund to the early literacy and reading improvement fund with approximately equal parts supporting primary school professional development and preschool early literacy and support. Beginning July 1, 2003, and each July 1 thereafter, 2/3 of one percent of the statewide cost of providing an adequate education for that fiscal year, as calculated in accordance with RSA 198:40, III, shall be transferred from the education trust fund to the early literacy and reading improvement fund. Moneys transferred to this fund shall be in addition to the funds required to distribute adequate education grants to school districts pursuant to RSA 198:42. The governor is authorized to draw a warrant from the education trust fund to satisfy the provisions of this paragraph.

II. To carry out the purposes for which this fund is established, the department is authorized to use the amounts transferred to the fund to provide early literacy and reading improvement assistance, including grants, to local school districts as well as to administer the fund, to develop and provide research-based programs and courses, and to provide technical assistance and professional development activities through grants, contracts with consultants, and the employment of individuals to fill authorized, permanent positions. The funds shall be used for no other purposes.

III. For the fiscal year beginning July 1, 2001, and each fiscal year thereafter, grants to local school districts shall be used to address the areas specified in RSA 193-G:4, as well as other demonstrated needs related directly to early literacy and the improvement of reading. In administering the early literacy and reading improvement grant program, the department shall be responsible for the following:

(a) Establishing forms and procedures for districts to use for the development and submission of early literacy and reading improvement grant requests, including:

(1) A detailed plan and budget, with the opportunity to request up to 3 years of financial assistance for both primary school professional development and preschool/caregiver components; and the further opportunity to apply for additional assistance based on demonstrated need.

(2) An assurance that grant funds will be used only to supplement and not supplant on-going local efforts.

(3) A description, if applicable, of how grant activities were planned in consultation with and will be implemented in coordination with the department of education, the department of health and human services, institutions of higher education, early child care providers, and primary care givers.

(4) A delineation of the geographic area to be served by the project.

(b) Providing assistance to districts in the development of grant requests.

(c) Establishing an equitable grant review process that:

(1) Includes an evaluation of each proposal's adequacy, educational appropriateness, and cost effectiveness, and the extent to which additional revenues are required to implement the proposed plan and activities.

(2) Gives priority to districts with lower-performing schools in reading that have satisfactorily addressed the review criteria in subparagraph (1) and are proposing reasonable efforts to address early literacy needs or improve reading performance.

(d) Reviewing grant requests and forwarding them to the commissioner and the state board with recommendations for approval, including level of funding and geographic distribution.

(e) Distributing grant payments to school districts in accordance with the payment schedule specified by the commissioner in the district's grant approval notification.

(f) Monitoring the implementation of funded plans and activities.

9 School Money; State Aid for Educational Adequacy; Education Trust Fund Amended. Amend the introductory paragraph of RSA 198:39, I to read as follows:

I. The state treasurer shall establish an education trust fund in the treasury. Moneys in such fund shall not be used for any purpose other than to distribute adequate education grants to municipalities' school districts pursuant to RSA 198:42, [and] to provide education property tax hardship relief under RSA 198:55 and to fund the early literacy and reading improvement fund established in RSA 193-G:4. The state treasurer shall deposit into this fund immediately upon receipt:

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

2001-1492s

AMENDED ANALYSIS

This bill establishes a commission to examine existing and proposed models of out-of-school care for children in kindergarten through grade 12.

The bill also implements an early literacy and reading improvement initiative.

HB 726-L, relative to change of school assignment and transfers of public school pupils. Education Committee. Vote 3-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-1286s

04/09

Amend the introductory paragraph of RSA 193:3, III(a) as inserted by section 2 of the bill by replacing it with the following:

III.(a) Each school board shall establish a change of school assignment policy, based on the best interest of the pupil, authorizing the superintendent to re-assign a pupil from the public school to which he or she is currently assigned to another public school, or to approve a request from another superintendent to accept a transfer of a pupil from a school district that is not part of the school administrative unit, without further approval from the school board, provided that the following conditions are met:

Senator Below offered a floor amendment.

2001-1440s

03/04

Floor Amendment to HB 726-LOCAL

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

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

3 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.

4 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.

5 Contingency. Section 3 of this act shall take effect when a bill of the Vermont general assembly incorporating substantially the same language inserted by section 3 of this act becomes a law in Vermont and when it is approved by the United States Congress. Section 4 of this act shall take effect when a bill of the Vermont general assembly incorporating substantially the same language inserted by section 4 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.

6 Effective Date.

I. Sections 1 and 2 of this act shall take effect January 1, 2002.

II. Sections 3 and 4 of this act shall take effect as provided in section 5 of this act.

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

2001-1440s

AMENDED ANALYSIS

This bill:

I. Authorizes superintendents of school districts, under certain circumstances, to approve requests for changes in school assignment where such changes are in the best interest of the pupil.

II. Authorizes superintendents to negotiate the apportionment of tuition costs associated with a change in school assignment to another school district.

III. Provides that pupils reassigned to another school district shall be counted in the average daily membership in residence in the pupil’s resident district and that any tuition payment due to the receiving district shall be paid by the pupil’s resident district.

IV. Amends the New Hampshire-Vermont interstate school compact by providing that, as an alternative to existing provisions in the compact governing a vote to incur debt to finance a capital project, an interstate district, in its articles of agreement, may:

(a) Provide for the adoption of Australian or official ballot voting.

(b) Provide that the margin for such a vote be a percentage greater than a simple majority but not to exceed 60 percent.

HB 758, relative to the sale of gasoline containing ethers. Environment Committee. Vote 5-0. Ought to Pass, Senator Prescott for the committee.

Senator Boyce moved to have HB 758, relative to the sale of gasoline containing ethers, laid on the table.

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. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1275s

05/03

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

AN ACT relative to the advisory council on child care’s study of the creation of an at-home infant child care program in New Hampshire.

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

1 Study of the Creation of an At-Home Infant Child Care Program by the Advisory Council on Child Care. The advisory council on child care, established under RSA 126-A:17, shall study the creation of an at-home infant child care program in New Hampshire.

I. The council shall:

(a) Study the Minnesota at-home infant child care program, Minn. Stat. section 3400.0235, and solicit such information from program administrators as may be helpful to the council in assessing the structure and success of the Minnesota program.

(b) Consider the means by which an at-home infant child care program could be established in New Hampshire, including program structure, department administration, and funding sources.

(c) To the extent feasible and appropriate, develop draft legislation for an at-home infant child care program in New Hampshire.

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

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

2001-1275s

AMENDED ANALYSIS

This bill directs the advisory council on child care 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. Public Institutions, Health and Human Services Committee. Vote 3-2. Ought to pass with amendment, Senator McCarley for the committee.

2001-1415s

05/09

Amend the bill by inserting after section 20 the following and renumbering the original sections 21-23 to read as 22-24, respectively:

21 Effect of Transfer on Administrative Rules. The existing rules of the department of youth development services shall remain in effect until they are amended, repealed, or expired.

Question is on the motion of ought to pass.

Senator Prescott moved to have HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists, taken off the table.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists.

Senator Prescott offered a floor amendment.

2001-1443s

10/04

Floor Amendment to HB 126-FN

Amend the bill by inserting after section 4 the following and renumbering the original sections 5-8 to read as 7-10, respectively:

5 Rulemaking; Punctuation Corrected. Amend RSA 318:5-a, VIII and IX to read as follows:

VIII. Procedures for the conduct of hearings consistent with the requirements of due process; [and]

IX. Procedures for the inspection of licensees[.];

6 Rulemaking; Pharmacy Technicians. RSA 318:5-a, X and XI are repealed and reenacted to read as follows:

X. Registration of pharmacy technicians, including:

(a) Requirements for registration;

(b) The duties, functions, and standards of conduct of registered pharmacy technicians;

(c) Requirements for the supervision of pharmacy technicians by licensed pharmacists;

(d) Standards for denial and revocation of registration;

(e) Establishment of the effective period of registration; and

(f) Requirements for renewal of registration; and

XI. The establishment of fees for registration of pharmacy technicians, including a fee for renewal of registration.

2001-1443s

AMENDED ANALYSIS

This bill clarifies certain definitions, allows graduates of Canadian colleges of pharmacy to directly apply for examination and licensure, and increases the per diem compensation paid to members of the board of pharmacy. This bill also adds rulemaking provisions for pharmacy technicians.

This bill is a request of the board of pharmacy.

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

Senator Francoeur offered a floor amendment.

2001-1530s

06/09

Floor Amendment to HB 261-FN

Amend RSA 490:26-b, II as inserted by section 4 of the bill to read as follows:

II. If court employees exercise their rights under RSA 273-A, their wages, benefits, and other conditions of employment shall be negotiated through their bargaining agent. Once a petition for certification covering court employees has been filed, the terms and conditions of their employment shall remain in force and preserve the status quo until either an election has been conducted or an initial contract has been negotiated, whichever is the last to occur. If they choose not to organize under RSA 273-A or are unsuccessful, their wages, benefits, and terms and conditions of employment shall be determined by the provisions of RSA 490:28.

HB 354-FN-A-L, extending the kindergarten construction program. Education Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-1390s

04/09

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

1 School Money; Kindergarten Construction Program Extended. Amend RSA 198:15-r, I to read as follows:

I. There is established in the department of education a kindergarten construction program. For the [5-year] 7-year period starting July 1, 1997, and ending June 30, [2002] 2004, the commissioner of education shall make grants available to eligible districts that currently do not operate a public kindergarten program to cover 75 percent of the actual cost of construction of kindergarten facilities, exclusive of site acquisition and core facilities. The commissioner shall also make grants available to eligible districts that currently operate a public kindergarten program for 75 percent of the cost of construction, exclusive of site acquisition, needed to provide the kindergarten program with classrooms that meet the appropriate standards for school building construction established by the state board of education, pursuant to RSA 541-A and under the authority of RSA 21-N:9, II(c). Grants shall also cover the cost of initial equipment needed to operate a kindergarten program.

2 Kindergarten Construction Program; Appropriation Amended. Amend 1997, 348:6 to read as follows:

348:6 Appropriation; Kindergarten Construction. A sum not to exceed [$22,500,000] $37,500,000 is hereby appropriated to the department of education for the purposes of constructing kindergarten classrooms. This appropriation shall be nonlapsing and in addition to any other appropriation to the department of education; provided, however, that the department of education shall not approve grant requests for such purposes for more than:

I. $6,000,000 in the biennium ending June 30, 1999.

II. $5,000,000 in the fiscal year ending June 30, 2000.

III. $5,000,000 in the fiscal year ending June 30, 2001.

IV. $6,500,000 in the fiscal year ending June 30, 2002.

V. $7,500,000 in the fiscal year ending June 30, 2003.

3 Kindergarten Construction Program; Bonding Amount Amended. Amend 1997, 348:7, I as amended by 1997, 351:56 to read as follows:

I. To provide funds for the appropriation made in section 6 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of [$22,500,000] $37,500,000 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A; provided that bonds or notes shall not be issued in excess of:

(a) $6,000,000 in the biennium ending June 30, 1999.

(b) $5,000,000 in the fiscal year ending June 30, 2000.

(c) $5,000,000 in the fiscal year ending June 30, 2001.

(d) $6,500,000 in the fiscal year ending June 30, 2002.

(e) $7,500,000 in the fiscal year ending June 30, 2003.

(f) $7,500,000 in the fiscal year ending June 30, 2004.

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

2001-1390s

AMENDED ANALYSIS

This bill extends the kindergarten construction program through the fiscal year ending June 30, 2004 and increases by $15,000,000 the amount of the bonded appropriation for the kindergarten construction program.

HB 748-FN-A-L, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education. Education Committee. Vote 4-0. Re-referred, Senator O'Hearn for the committee.

Senator O’Hearn moved to have HB 748-FN-A-L, revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education, laid on the table.

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

HB 279-FN-A-L, relative to the payment of certain unfunded accrued liability of the retirement system and making an appropriation therefor. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

HB 362-FN, relative to the practice of veterinary medicine. Executive Departments and Administration Committee. Vote 3-1. Inexpedient to Legislate, 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, Senator D'Allesandro for the committee.

HB 649-FN, relative to compensation for time lost by state employees injured in the line of duty. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Flanders for the committee.

2001-1457s

06/01

Amend the bill by replacing section 2 with the following:

2 Line of Duty Injury; State Police Employees. Amend RSA 106-B:18 to read as follows:

106-B:18 Line of Duty Injury. Any injury, which is due to a hostile or overt act, received by any state police employee [because of his] while on assignment, patrol or duty that requires that [he] the employee be hospitalized or to the extent that [he] the employee is unable to perform [his] normal or routine duties shall not be charged against [his] earned sick leave or annual leave, and during such time [his name] the employee shall remain on the payroll. The commissioner of safety shall make the final determination as to whether the injury received is in line of duty and due to a hostile or overt act, and [his] the commissioner’s decision is final, subject to approval of governor and council.

HB 276-FN-A, relative to reimbursement of legal fees of supreme court employees who were subpoenaed and incurred legal fees during the impeachment proceedings regarding chief justice David A. Brock and making an appropriation therefor. Judiciary Committee. Vote 3-1. Ought to Pass, Senator Pignatelli for the committee.

HB 308-FN, relative to administrative fees added to restitution payments. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Fernald for the committee.

HB 289-FN, implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child. Public Institutions, Health and Human Services Committee. Vote 5-0. Re-referred, Senator McCarley for the committee.

HB 177-FN, relative to the purchase of a wheelchair van for the veterans' home in Tilton and making an appropriation therefor. Finance Committee. Vote 7-0. Ought to Pass, Senator Barnes for the committee.

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

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

HB 123, relative to the retirement system classification for the director of the division of safety services, department of safety and relative to retirement allowances for certain state employees.

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

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 459, relative to inspection requirements for antique vehicles.

HB 477, 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 525, relative to property and casualty insurance.

HB 570, 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.

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

HB 591, relative to certain prescription discount cards.

HB 615, relative to the duties of motor vehicle inspectors and fees payable to the department of safety.

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

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

HB 547-FN, authorizing participation in a regional electronic toll collection system. Transportation Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

HB 717, establishing a committee to make recommendations on policy concerning state-operated trails for all terrain vehicles and trail bikes and relative to increasing the nonresident OHRV registration fees for snow traveling vehicles. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1404s

10/04

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

AN ACT establishing a committee to make recommendations on policy concerning state-operated trails and private lands used by all terrain vehicles and trail bikes and relative to increasing the resident and nonresident OHRV registration fees for snow traveling vehicles.

Amend the bill by replacing section 1 with the following:

1 Committee Established. There is established a committee to make recommendations on policy concerning state-operated trails and private lands used by all terrain vehicles (ATVs) and trail bikes, as defined in RSA 215-A.

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

(d) State enforcement procedures for ATV and trail bike trails, whether on state lands or on private lands, including rescue capabilities and enforcement concerns in surrounding communities.

Amend the bill by replacing section 7 with the following:

7 OHRV Resident Registration; Increase for Snow Traveling Vehicles. Amend RSA 215-A:23, I to read as follows:

I. Individual resident registration-$26 for each 2-wheeled trail bike registration, $45 for each snow traveling vehicle registration, or $35 for each other OHRV registration upon presentation of resident tax receipt, or a valid New Hampshire driver's license issued to a person 18 years of age or older.

(a) The first $7 of each 2-wheeled trail bike registration, $25 for each snow traveling vehicle registration, or $16 of each other OHRV registration shall be appropriated to the department of resources and economic development for administration of the bureau's grant-in-aid program pursuant to paragraph VI.

(b) From the balance, $10.30 from each snow traveling vehicle registration or $9.30 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and $9.70 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

8 Effective Date.

I. Sections 6 and 7 of this act shall take effect July 1, 2001.

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

2001-1404s

AMENDED ANALYSIS

This bill establishes a committee to make recommendations on policy concerning state-operated trails and private lands used by all terrain vehicles and trail bikes.

This bill also increases the resident and nonresident OHRV registration fees for snow traveling vehicles.

HB 731-FN, relative to securities laws. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1526s

10/04

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

Amend RSA 421-B:7, VII(d)(1) as inserted by section 8 of the bill by replacing it with the following:

(1) Certified Financial Planner (CFP) awarded by the Certified Financial Planner Board of Standards, Inc.;

Amend the bill by replacing all after section 16 with the following:

17 Administration. Amend RSA 421-B:21, I to read as follows:

I. This chapter shall be administered by the secretary of state who may appoint a deputy, a designee, or a director who shall be a classified employee whose salary shall be comparable to that of a deputy, to administer the provisions of this chapter. The secretary of state shall, to the greatest extent practical, physically and substantively consolidate the activities and functions related to corporations, limited partnerships, and other business organizations and entities administered by the department of state with the activities and functions related to the registration of securities.

18 Article 9; Uniform Commercial Code; Contingent Amendment; HB 745-FN. Amend RSA 382-A:9-334(e)(3) and (4) to read as follows

(3) the conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article[; or

(4) the security interest is:

(A) created in a manufactured home in a manufactured-home transaction; and

(B) perfected pursuant to a statute described in Section 9-311(a)(2)].

19 Contingency. If HB 745-FN of the 2001 legislative session becomes law then section 18 of this act shall take effect July 1, 2001, at 12:01 am. If HB 745-FN of the 2001 legislative session does not become law then section 18 of this act shall not take effect.

20 Repeal. The following are repealed:

I. RSA 421-B:9, VII, relative to examination charges for broker-dealers.

II. RSA 421-B:13, I-a, relative to registration by coordination.

III. RSA 421-B:21, II-b, relative to expenses of administration of securities laws.

21 Effective Date.

I. Section 18 of this act shall take effect as provided in section 19 of this act.

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

2001-1526s

AMENDED ANALYSIS

This bill makes a variety of changes to the securities laws administered by the secretary of state.

This bill also makes a change to Article 9 of the Uniform Commercial Code in HB 745-FN of the 2001 legislative session.

HB 745-FN, revising Article 9 of the Uniform Commercial Code and related statutes. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

HB 317-FN, revising the New Hampshire Aeronautics Act. Vote 3-0. Re-referred, Senator Eaton for the committee.

HB 320-FN, relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1523s

06/04

1 Administration of Transportation Laws; Railroads and Other Common Carriers; Leasing Certain Portions of Railroad Properties; Eligibility and Cost.

Amend RSA 228:57-a, I as inserted by section 1 of the bill to read as follows:

I. Notwithstanding RSA 228:57, portions of real estate owned by the state and managed by the bureau of rail and transit in the department of transportation that are on the shores of public waters, as defined by RSA 271:20, may not be leased for private, noncommercial use by owners of adjacent properties separated from the shore only by the railroad land[, as long as such use does not interfere with railroad operations. Any property owner meeting the requirements of this section may request in writing to be allowed to lease such property from the state. However, when the adjacent property is owned by more than one individual, such as a condominium association, the association, only as a single entity, may request the lease. In no case shall more than one access point to the leased property be allowed].

Amend the bill by replacing section 2 with the following:

2 Definition; Amusement Railroad. Amend RSA 82:1 to read as follows:

82:1 Definitions. In this chapter:

I. The word "company" as used in RSA 82:2 shall apply to all persons, co-partnerships or associations.

II. The term "express corporation or company" shall be construed to mean any corporation or company engaged in the business of transporting property as express over the lines of railroads.

Amend the bill by replacing section 4 with the following:

4 Effective Date.

I. Section 1 of this act shall take effect July 1, 2002.

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

2001-1523s

AMENDED ANALYSIS

This bill prohibits certain leases of state-owned railroad properties, and increases the cost of such leases from $5 to $10 per running foot per year. This bill also defines amusement railroads and provides for their taxation.

HB 653-FN, relative to certain signs within highway rights-of-way. Vote 3-1

Ought to Pass, Senator Flanders for the committee.

Senator Flanders moved to have HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws, taken off the table.

HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

Senator Eaton offered a floor amendment.

Sen. Eaton, Dist. 10

Sen. Flanders, Dist. 7

Sen. Gordon, Dist. 2

June 7, 2001

2001-1527s

03/09

Floor Amendment to HB 211-FN

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

Amend the bill by replacing section 1 with the following:

1 Pilot Program; Department of Safety; Restricted Probationary Permit to Drive.

I. Notwithstanding the provisions of RSA 265:91-c and RSA 265:92, any licensee whose license or privilege to drive has been revoked under RSA 265:82-b and who has served all other periods of suspension or revocation, but whose license or privilege to drive remains suspended under the provisions of RSA 265:92 only, may apply for a review by the director of the division of motor vehicles of the department of safety to determine if a restricted probationary permit to drive may be issued for the remaining period of the suspension.

II. Upon proper application and proof that the licensee can safely drive a motor vehicle during the time of suspension under RSA 265:92, and following a hearing on such application, the director may issue a restricted probationary permit to drive. The director may impose such restrictions applicable to the licensee as the director determines to be appropriate to assure the safe driving of a motor vehicle by the licensee. The restrictions may include the operation of a motor vehicle during certain hours only. If the director issues an order granting a restriction as to the hours of operation, the licensee may only drive a motor vehicle during such hours.

III. Upon receiving satisfactory evidence of any violation of the restrictions imposed in a restricted probationary permit, the director may revoke the permit and the licensee shall remain under suspension pursuant to RSA 265:92, provided, however, that if the director revokes the permit the department shall grant an application for a hearing.

IV. Any subsequent license suspension or revocation shall immediately nullify the restricted probationary permit.

V. A person is guilty of an offense if the person drives a motor vehicle in any manner in violation of the restrictions imposed in a restricted probationary permit. Any operation of a motor vehicle outside the time period for the restricted privileges or after the revocation of a restricted probationary permit shall constitute a violation of RSA 263:64, and the person shall be guilty of a misdemeanor.

VI. The department shall notify every person issued a restricted probationary permit under this section that operating a motor vehicle outside the time period for the restricted privileges or after the revocation of a restricted probationary permit shall constitute a violation of RSA 263:64, and the person shall be guilty of a misdemeanor.

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

3 Restricted Probationary Permit to Drive Pilot Program; Report by Department of Safety. Not later than March 31, 2003, the department of safety shall report to the speaker of the house of representatives and the senate president as to the number of operators who have been granted restricted probationary permits to drive under section 1 of this act, the types of restrictions placed on such operators, the circumstances under which such permits have been granted, and the overall effectiveness of the pilot program in reducing the likelihood of repeat driving under the influence of alcohol or drug offenses.

4 Applicability; Repeal of Restricted Probationary Permit to Drive Pilot Program. The repeal in section 5 of this act of the restricted probationary permit to drive pilot program established in section 1 of this act shall not affect the validity of any restricted probationary permit to drive validly issued prior to the repeal. Such permits in effect on the effective date of the repeal shall expire at the end of the applicable period of suspension in accordance with paragraph I of section 1.

5 Repeal. Section 1 of this act, relative to the restricted probationary permit to drive pilot program, is repealed.

6 Effective Date.

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

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

2001-1527s

AMENDED ANALYSIS

This bill establishes a 2-year pilot program authorizing the issuance of a restricted probationary permit to drive, which may be issued to a licensee during the time of suspension for refusing to consent to testing to determine alcohol concentration. The licensee may only apply for the permit after serving all other periods of suspension and revocation, and may only operate a motor vehicle consistently with the restrictions in the permit.

This bill also makes technical corrections to the alcohol ignition interlock laws.

Senator Eaton moved to have HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws, laid on the table.

HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

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

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

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

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

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

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

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

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

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 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 680, relative to foreign reinsurers.

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

SB 14, relative to the definition of "school" for the purpose of the universal service fund for schools and libraries and ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett school districts.

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

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

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

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

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 19, establishing a committee to study prevention of voter fraud.

SB 46, relative to payments of scheduled awards under the workers’ compensation law.

SB 47, relative to ownership of certified public accounting firms.

SB 76-FN, requiring attendance in an education and training program by those who obtain a liquor license and relative to applications for one-day liquor licenses.

SB 83, relative to the New Hampshire film and television commission.

SB 98, relative to notice requirements prior to the sale of manufactured housing parks.

SB 106, relative to consumers’ cooperative associations.

SB 121, relative to the advisory committee on international trade.

SB 152-FN, relative to the regulation of business practices between motor vehicle manufacturers, distributors, and dealers.

SB 174-FN, including Martin Luther King, Jr. Civil Rights Day as a holiday for which certain state employees are entitled to holiday pay and relative to employees of the department of youth development services.

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 20, relative to possessory actions instituted on the basis of nonpayment of rent.

Senator Prescott 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 84, relative to funeral processions.

Senator Eaton 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 107-FN, relative to violations of motor vehicle laws by foreign diplomatic and consular officers.

Senator Eaton 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 147, relative to the calculation of stumpage value in determining the timber tax assessment.

Senator D'Allesandro 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 190, dedicating the I-93 causeway at Moore Dam and the Cottage Street Bridge in Littleton.

Senator Eaton 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 118, relative to individual health insurance coverage.

SB 118, relative to individual health insurance coverage.

Senator Burns 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 119, relative to small group health insurance coverage.

SB 119, relative to small group health insurance coverage.

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

And requests a Committee of Conference.

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

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

Senator Johnson 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 332, relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses.

And requests a Committee of Conference.

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

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

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:

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 585, relative to the membership and duties of the council on resources and development.

And requests a Committee of Conference.

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

HB 585, relative to the membership and duties of the council on resources and development.

Senator Below 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 723, relative to vacancies in county offices.

And requests a Committee of Conference.

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

HB 723, relative to vacancies in county offices.

Senator Roberge 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:

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

MINORITY REPORT: Ought to Pass, Senator McCarley for the minority. Vote 1-3

MAJORITY REPORT: Inexpedient to Legislate, Senator O'Hearn for the majority. Vote 3-1

HB 206-FN-A, establishing an equipment depository and disabled person's employment fund in the department of administrative services. Executive Departments and Administration Committee. Vote 4-0. Re-referred, Senator D'Allesandro for the committee.

HB 288-FN, relative to the licensure of interpreters for the deaf and hard of hearing. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

HB 387, relative to the regulation of dentistry by the board of dental examiners. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 402, relative to the establishment of a state universal service fund. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

HB 450, relative to certain work product under the right-to-know law. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2001-1458s

01/09

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

AN ACT relative to certain work product and relative to attorneys’ fees under the right-to-know law.

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

3 New Paragraph; Attorneys’ Fees. Amend RSA 91-A:8 by inserting after paragraph I the following new paragraph:

I-a. The court may award attorneys’ fees to a board, agency or employee or member thereof, for having to defend against a person’s request under the provisions of this chapter, when that person’s request for access to public proceedings or records is in bad faith, obstinate, unjust, vexatious, wanton, or oppressive.

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

2001-1458s

AMENDED ANALYSIS

This bill clarifies that certain work papers are not subject to the right-to-know law.

This bill also allows the court to award attorneys’ fees under RSA 91-A in certain circumstances.

Senator Prescott offered a floor amendment.

2001-1529s

01/09

Floor Amendment to HB 450

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

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

4 Exemption Added; Work Product. Amend RSA 91-A:5 to read as follows:

91-A:5 Exemptions. The following records [of the following bodies] are exempted from the provisions of this chapter:

I. Records of grand and petit juries.

II. Records of parole and pardon boards.

III. Personal school records of pupils.

IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.

V. Teacher certification records, both hard copies and computer files, in the department of education, provided that the department shall make available teacher certification status information.

VI. Preliminary drafts, notes, and memoranda and other documents not in their final form.

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

2001-1529s

AMENDED ANALYSIS

This bill clarifies that work papers are not subject to the right-to-know law.

This bill also allows the court to award attorneys’ fees under RSA 91-A in certain circumstances.

HB 453, establishing a 4-year term for the commissioner of the department of corrections. Executive Departments and Administration Committee. Vote 3-1. Ought to Pass, Senator D'Allesandro for the committee.

HB 469-FN-L, relative to the applicable minimum wage for hourly employees. Executive Departments and Administration Committee.

MINORITY REPORT: Ought to Pass, Senator D'Allesandro for the minority. Vote 2-3

MAJORITY REPORT: Inexpedient to Legislate, Senator Prescott for the majority. Vote 3-2

HB 511, relative to continuing medical education requirements for physicians. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Prescott for the committee.

HB 684, relative to the occupational therapy practice act. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

HB 152-FN, relative to expanding the legal methods of taking deer. Finance Committee. Vote 7-0. Ought to Pass, Senator Eaton for the committee.

HB 554-FN, establishing a division of information technology within the department of safety. Finance Committee. Vote 7-0. Ought to Pass, Senator Eaton for the committee.

Senator Eaton offered a floor amendment.

2001-1632s

05/01

Floor Amendment to HB 554-FN

Amend the bill by replacing section 1 with the following:

1 Purpose. The New Hampshire department of safety is a large agency operating under the direction of a commissioner, assistant commissioner, and directors of the various divisions. The various divisions provide emergency service and training of emergency personnel and administrative functions in the division of motor vehicles to the residents and visitors to New Hampshire. The information needs of the department are complex and vary greatly between the divisions. All divisions need their information in a timely fashion, and in some instances they need to communicate with each other and with other agencies. They also need to provide certain technologically dependent services to the general public, such as motor vehicle on-line registration and relicensure or payment of motor vehicle violations. Some department information is confidential; some information is provided on a need-to-know basis; and some information is public. The purpose of the office of information technology established in this act is to advise the commissioner and assistant commissioner on how to meet the needs of the agency and the public in a coherent and unified manner. The general court also intends that, where appropriate, information within the department of safety, including information derived from motor vehicle records on a case-by-case basis, should be accessible to other departments.

HB 584-FN-A, relative to the registration and licensure of OHRV dealers and rental agents. Finance Committee. Vote 7-0. Ought to Pass, Senator Boyce 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. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator Boyce for the committee.

2001-1481s

10/03

Amend RSA 21-I:28 as inserted by section 1 of the bill by replacing it with the following:

21-I:28 Contract. The commissioner of administrative services shall be authorized to enter into permanent group life insurance [and group hospitalization, hospital medical care, surgical care and other medical and surgical benefits] contracts with an insurance company or companies, or other group licensed to do business in the state of New Hampshire. The commissioner of administrative services shall be authorized to enter into group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits contracts with an insurance company or companies, third party administrators, or any organization necessary to administer and provide a health plan under the provisions of this subdivision. The commissioner of administrative services, in consultation with the fiscal committee of the general court, shall from time to time assess the medical insurance coverage given by its present insurer and by others in order to determine which of various contracts would best serve the interests of the state employees.

HB 604-FN, relative to increasing certain fees and making other changes to fish and game licenses. Finance Committee. Vote 7-0. Ought to Pass, Senator Eaton for the committee.

HB 643-FN, extending the moratorium on new nursing home beds. Finance Committee. Vote 7-0. Ought to Pass, Senator Hollingworth for the committee.

HB 648-FN, authorizing licensing of homeless youth programs. Finance Committee. Vote 7-0. Ought to Pass, Senator Larsen for the committee.

HB 760-FN, relative to the use of silencing devices for taking game. Finance Committee. Vote 7-0. Ought to Pass, Senator Boyce for the committee.

HB 103, relative to the possession of deadly weapons by convicted felons or during the commission or attempted commission of a violent crime. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

HB 132-FN, relative to the damage or destruction of an emergency vehicle or emergency services equipment. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1495s

04/01

Amend RSA 634:2, II as inserted by section 1 of the bill by replacing it with the following:

II Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:

(a) Pecuniary loss in excess of $1,000; or

(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas or power or other public service; or

(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or

(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.

(e) Criminal mischief is a class B felony if the actor recklessly causes or attempts to cause damage to any emergency vehicle, emergency, apparatus, or private vehicle containing emergency equipment which causes the vehicle, equipment, or apparatus to be taken out of service.

HB 134, permitting challenges to judges. Judiciary Committee. Vote 4-0. Re-referred, Senator Roberge for the committee.

HB 135, creating a commission to study the state's increasing appellate caseload and solutions to the increasing appellate caseload. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

HB 140, relative to interest on judgments. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-1498s

06/04

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

2 Index for Interest Rate on Judgments. Amend RSA 336:1, II to read as follows:

II. The annual simple rate of interest on judgments, including prejudgment interest, shall be a rate determined by the state treasurer as the prevailing discount rate of interest on [52] 26-week United States Treasury bills at the last auction thereof preceding the last day of September in each year, plus 2 percentage points, rounded to the nearest tenth of a percentage point. On or before the first day of December in each year, the state treasurer shall determine the rate and transmit it to the director of the administrative office of the courts. As established, the rate shall be in effect beginning the first day of the following January through the last day of December in each year.

3 Effective Date.

I. Section 2 of this act shall take effect September 1, 2001.

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

2001-1498s

AMENDED ANALYSIS

This bill establishes that simple interest on judgments shall be imposed from the date of the writ or the filing of the petition to the date of judgment and provides that the interest rate shall be determined by the state treasurer using 26-week United States Treasury bills.

HB 156, relative to the detention of juveniles in delinquency proceedings. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

HB 157, clarifying the immunity from liability of persons providing emergency care. Judiciary Committee. Vote 4-0. Re-referred, Senator Gordon for the committee.

HB 160, establishing a committee to study the issue of one-day/one-trial jurors. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-1504s

04/09

Amend RSA 631:8, I and II as inserted by section 1 of the bill by replacing it with the following:

I. In this section:

(a) "Adult" means any person who is 18 years of age or older.

(b) "Caregiver" means any person who has been entrusted with, or has assumed the responsibility voluntarily, by contract, or by order of the court, for frequent and regular care of or services to an elderly, disabled, or impaired adult, including subsistence, medical, custodial, personal or other care, on a temporary or permanent basis.

(c) "Disabled adult" means an adult who has a diagnosed physical or mental impairment.

(d) "Elderly adult" means an individual who is 60 years of age or older.

(e) "Impaired adult" means any adult who suffers from an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, memory loss, or other cause, that causes an adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the adult’s person or property or to be substantially impaired in the adult’s ability to provide adequately for his or her own care and custody.

(f) "Neglect" means the failure or omission on the part of the caregiver to provide the care, supervision, and services which he or she has voluntarily, by contract, or by order of the court agreed to provide and which are necessary to maintain the health of an elderly, disabled, or impaired adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider necessary for the well-being of an elderly, disabled, or impaired adult. The term "neglect" also means the failure of a caregiver to make a reasonable effort to protect a disabled adult or an elderly person from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident which produces or could reasonably be expected to result in serious bodily injury.

(g) "Person" means any natural person, corporation, trust, partnership, unincorporated association, or any other legal entity.

(h) "Serious bodily injury" means serious bodily injury as defined in RSA 625:11, VI.

II. Any caregiver who purposely causes serious bodily injury to an elderly, disabled, or impaired adult shall be guilty of a class A felony.

Senator Fernald moved to re-refer.

HB 197, extending the reporting date of the commission to study methods for reducing violent incidents involving children and guns. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

HB 210-FN, relative to the penalties for persons convicted of subsequent DWI offenses. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1500s

03/10

Amend the bill by replacing section 4 with the following:

4 Motor Vehicles; Habitual Offenders; Penalty. Amend RSA 262:23, III to read as follows:

III. Notwithstanding paragraph I, any person who qualifies under RSA 259:39[, who does not have a conviction under RSA 265:82 or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI,] shall not be subject to the minimum mandatory provisions of paragraph I if, and only if, that person’s certification was not based on any conviction under RSA 265:82 or any misdemeanor or felony motor vehicle conviction pursuant to RSA title XXI, and that person has not been convicted of any such offense, or any reasonably similar offense in any jurisdiction within the United States and Canada, since the date of the certification; provided, however, that any such person shall be guilty of a class A misdemeanor and may be sentenced to one year or less. Any person incarcerated upon the effective date of this paragraph, pursuant to certification as an habitual offender under RSA 259:39, who does not have a conviction under RSA 265:82 or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, may apply immediately to the superior court for sentence review and reduction.

Senator Eaton offered a floor amendment.

Sen. Eaton, Dist. 10

Sen. Gordon, Dist. 2

June 11, 2001

2001-1598s

03/01

Floor Amendment to HB 210-FN

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

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

6 Technical Correction; Renumbering of Alcohol Ignition Interlock Laws. The director of legislative services is hereby authorized to renumber the provisions of the Alcohol Ignition Interlock Program subdivision, enacted as RSA 265:82-e - 82-g, to read as RSA 265:93-a - 93-c, in order to correct the placement of the subdivision within RSA 265. The director of legislative services is authorized to make technical corrections to any RSA sections amended or inserted by 2000, 287 or any other act as necessary to accommodate the renumbering herein. The authority granted to the director of legislative services under this section shall not include the power to make any substantive changes.

2001-1598s

AMENDED ANALYSIS

This bill changes the penalty for fourth or subsequent violations of the intoxication or under the influence of drug laws from a misdemeanor to a felony. This bill extends the period of time which may be considered in determining prior offenses from 7 years to 10 years, and clarifies the applicability of habitual offender penalties.

This bill also makes technical corrections to the alcohol ignition interlock laws.

This bill is a request of the committee established by 1999, 334.

HB 265, prohibiting the sale of rolling papers to minors. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

HB 296-FN, relative to receiving stolen property. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Pignatelli for the committee.

HB 325-FN, relative to certain acts of sexual assault. Judiciary Committee. Vote 5-0. Re-referred, Senator Prescott for the committee.

HB 328-FN-L, relative to fees of sheriffs and deputy sheriffs. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1501s

04/10

Amend the introductory paragraph of RSA 104:31 as inserted by section 1 of the bill by replacing it with the following:

104:31 Fees of Sheriffs and Deputy Sheriffs. At the time of the initial request for any of the following services, the required fees and mileage may be paid. The fees of sheriffs and deputy sheriffs shall be as follows:

2001-1501s

AMENDED ANALYSIS

This bill increases certain fees charged by sheriffs and deputy sheriffs.

HB 361, establishing a committee to study certain policies and procedures in the department of corrections. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-1496s

04/03

Amend the bill by replacing paragraph I of section 2 with the following:

I. The committee shall consist of 7 members of the house of representatives, appointed by the speaker of the house.

Amend the bill by replacing section 4 with the following:

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

HB 442, establishing a study committee to examine the effects of protective custody on county correctional facilities. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-1497s

04/01

Amend the bill by replacing paragraph I of section 2 with the following:

I. The committee shall consist of 7 members of the house of representatives, appointed by the speaker of the house.

Senator Eaton offered a floor amendment.

2001-1533s

04/10

Floor Amendment to HB 442

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

Amend the bill by replacing all after section 5 with the following:

6 New Paragraph; Payment of Expenses; Counties. Amend RSA 126-A:3 by inserting after paragraph II the following new paragraph:

II-a. Notwithstanding any provision of law to the contrary, the department shall not require payment and counties shall have no obligation to pay and no cause of action for payment shall be maintained against the counties, for payment for any product or service sold, furnished, or leased to the department or any other person on behalf of the department, unless an invoice for such product or service has been submitted to the counties for payment within 18 months of the date of delivery or provision of the product or service.

7 Reimbursement of Funds for Persons Eligible to Receive Nursing Home Services; Monthly Payments. Amend RSA 167:18-b, I to read as follows:

I. All expenditures in carrying out the purposes of this chapter or RSA 161 relative to old age assistance or aid to the permanently and totally disabled recipients who are in nursing homes shall be made in the first instance from the public assistance fund hereby created, but each county shall make monthly payments to the state for the amounts due under this section within [30] 45 days from notice thereof and shall reimburse said fund for all assistance granted to persons for which such county is liable, to the extent of 50 percent of the non-federal share, except that no charges shall be made for the non-federal share for recipients in state institutions and intermediate care facilities for the mentally retarded (ICF-MR) serving developmentally impaired persons approved by the department of health and human services.

8 County Reimbursements. Amend RSA 170-G:5-a to read as follows:

170-G:5-a County Reimbursement. County payments due under RSA 169-B:40, 169-C:27 and 169-D:29 shall be paid to the department of health and human services on a monthly basis within [30] 45 days’ notice of the amount due to the state. Delinquent payments due under these chapters, with interest at the rate of 12 percent per annum, may be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other moneys payable to such subdivision by any department or agency of the state.

9 Memorandum of Understanding. County governments need timely and accurate information to enable effective budget planning for their portion of the costs of placements of juveniles at the youth development center (YDC), youth detention services unit (YDSU), and, when applicable, the Tobey School. County governments should also have the opportunity to address and help resolve those factors that influence the costs of operation of these juvenile facilities. Therefore, after the state receives payment of arrearages owed by the counties to the state for their portion of costs of placements of juveniles at the YDC, YDSU, and the Tobey School for fiscal years 1999, 2000, and 2001, the state agency having administrative direction and control of these juvenile facilities shall enter into a memorandum of understanding with the designated representatives of the New Hampshire Association of Counties to provide for the flow of the necessary financial information to the counties relating to the costs of operation of the facilities. The memorandum of understanding shall be entered into and made effective no later than 60 days after the effective date of this section and shall include, at a minimum, the following:

(a) The form and schedule for the provision to the counties of information on daily census and the established and proposed per diem rates for the facilities, including information on fixed and variable costs incurred in the operation of the facilities upon which the per diem rates are based and the methodology used to calculate the rates.

(b) A process for allowing the counties, on a regular basis, to address and help resolve issues relating to the costs of operation and, accordingly, the per diem rates for the facilities.

10 New Paragraph; Delinquent Children; Limitation on Liability for Expenses. Amend RSA 169-B:40 by inserting after paragraph VIII the following new paragraph:

IX. Notwithstanding any provision of law to the contrary, no county government shall be charged per diem rates for its portion of costs of placement of juveniles at the youth development center, the youth detention services unit, and, when applicable, the Tobey School, which are based upon an annual average daily census at each unit which is less than 80 percent of the unit’s capacity.

11 New Paragraph; Child Protection Act; Limitation on Liability for Expenses. Amend RSA 169-C:27 by inserting after paragraph VIII the following new paragraph:

IX. Notwithstanding any provision of law to the contrary, no county government shall be charged per diem rates for its portion of costs of placement of juveniles at the youth development center, the youth detention services unit, and, when applicable, the Tobey School, which are based upon an annual average daily census at each unit which is less than 80 percent of the unit’s capacity.

12 New Paragraph; Children in Need of Services; Limitation on Liability for Expenses. Amend RSA 169-D:29 by inserting after paragraph VIII the following new paragraph:

IX. Notwithstanding any provision of law to the contrary, no county government shall be charged per diem rates for its portion of costs of placement of juveniles at the youth development center, the youth detention services unit, and, when applicable, the Tobey School, which are based upon an annual average daily census at each unit which is less than 80 percent of the unit’s capacity.

13 Contingency. Sections 9-12 of this act shall be effective upon receipt by the state of all arrearages, excluding arrearages attributable to fiscal year 1998 and excluding all interest, for fiscal years 1999, 2000, and 2001 owed by the counties to the state for their portion of costs of placements of juveniles at the YDC, YDSU, and the Tobey School, as certified by the commissioner of administrative services to the secretary of state and the director of legislative services.

14 Effective Date.

I. Sections 9-12 of this act shall take effect as provided in section 13 of this act.

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

2001-1533s

AMENDED ANALYSIS

This bill:

I. Establishes a study committee to examine the effects of protective custody on county correctional facilities.

II. Declares that the department of health and human services shall not bill a county for expenses unless the department submits an invoice to such county within 18 months of the date of incurring such expense.

III. Changes the date monthly payments are due from the counties to the state for certain services from 30 days to 45 days of notice such payments are due.

IV. Requires a memorandum of understanding to be negotiated among the department of youth development services, the juvenile justice unit of the department of health and human services, and the counties relative to costs associated with certain juvenile placements.

HB 463-FN, relative to protective services to adults. Judiciary Committee. Vote 5-0. Re-referred, Senator Gordon for the committee.

HB 659-FN, relative to penalties for attempting to purchase firearms illegally. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-1503s

04/10

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:

3 Protection of Persons From Domestic Violence; Orders Enforceable. Amend RSA 173-B:13, IV to read as follows:

IV. A person entitled to protection under a foreign protective order, as defined in paragraph II, may file such order in any district or superior court by filing with the court a certified copy of the order. Such person shall swear under oath in an affidavit to the best of such person's knowledge that the order is presently in effect as written. Such filing shall be without fee or cost. The clerk of the district or superior court shall forward such order to the [state police who] administrative office of the courts which shall enter such order in the state database. Such filing shall not be a precondition to arrest or enforcement of a foreign order.

HB 764-FN, relative to interference with custody. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-1499s

04/03

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

AN ACT relative to the criminal offense of kidnapping.

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

1 New Paragraph; Interference With Freedom; Kidnapping Amended. Amend RSA 633:1 by inserting after paragraph i the following new paragraph:

I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This subparagraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.

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

2001-1499s

AMENDED ANALYSIS

This bill provides that a person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. The bill also provides an exception for law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.

HB 131, relative to the retention and disposal of certain financial disclosure forms. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Disnard for the committee.

2001-1474s

04/09

Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as section 8:

5 New Section; Legislative Ethics Committee; Retention of Financial Forms. Amend RSA 14-B by inserting after section 5 the following new section:

14-B:6 Retention of Financial Disclosure Forms. The legislator’s financial disclosure form and the report of expense reimbursement form shall be placed on file in the secretary of state’s office, pursuant to ethics guidelines adopted by the legislative ethics committee, and shall be held in original form for 6 years from the date of filing, after which time they may be destroyed.

6 New Section; Political Expenditures and Contributions; Reports. Amend RSA 664 by inserting after section 7 the following new section:

664:7-a Statement Retention. Statements or reports required to be filed under RSA 664:6 and 664:7 shall be held in original form for 6 years from the election for which they are filed, after which time they may be destroyed.

7 Nominations by Primary; Declarations of Candidacy Amended. Amend RSA 655:18 to read as follows:

655:18 Forwarding Declarations of Candidacy. Each city or town clerk shall forward each declaration of candidacy filed with him to the secretary of state on the day of filing of the same, provided the requisite fee shall have been deposited, or the requisite number of primary petitions shall have been filed therewith. [The secretary of state shall retain them together with all declarations of candidacy filed with him until January 1 following the holding of the primary at which time they may be destroyed.]

HB 154, relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-1479s

03/09

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

AN ACT relative to nomination of candidates, vacancies for office on a party ticket, and special elections in cities.

Amend the bill by inserting after section 6 the following and renumbering the original section 7 to read as 10:

7 Preparation of Voting Materials; Listing Candidates on Ballot. RSA 656:5 is repealed and reenacted to read as follows:

656:5 Listing Candidates on Ballot. The names of all candidates nominated in accordance with the election laws shall be arranged by office in accordance with the provisions of RSA 656:7. The names of candidates for any one office shall not be split into more than one column. All candidates for the same office shall be placed on separate lines within a separate box. The name of each candidate shall be grouped according to the party which nominates the candidate, and the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first. The names of the candidates shall be printed with the given name first, and the candidates shall be listed alphabetically according to their surnames within each party grouping. The name of the party which nominates the candidate shall be printed near the candidate's name, but no candidate may appear on the ballot more than once as a candidate for the same office.

8 Election Procedure; Candidate of One Party; Nominee of Different Party. RSA 659:91-a, I is repealed and reenacted to read as follows:

I. Any person who runs as a candidate on any party's state primary election ballot and who is not chosen as the candidate for that party for the elective office for which the person was a candidate shall not under any circumstances run as the nominee of a different party in the state general election.

9 Vacancies Among Public Officers Elected at State Elections; Special Election Provisions for City State Representative Districts. Amend RSA 661:8 to read as follows:

661:8 Executive Councilor; State Senator; State Representative.

I. If a vacancy occurs in the office of executive councilor or state senator, it shall be filled as provided in Part II, Articles 34 and 62 of the state constitution.

II. If a vacancy occurs in the office of state representative from a single town or ward district, the vacancy may be filled following the provisions of RSA 655:81 and 82 in the same manner as a state general election is held. In a multi-town or multi-ward district, a vacancy in the office of state representative shall be filled following the provisions of RSA 655:81 and 82 by a special election if the selectmen of any town or ward in said district so request of the governor or council.

III. Notwithstanding the provisions of paragraph II, if a vacancy occurs in the office of state representative in a district comprised of a city ward or wards, a request to hold the primary and special elections on the same dates as the city’s biennial primary and regular elections may be submitted to the governor and council by the governing body of the city. If so requested, the governor and council shall declare the vacancy not less than 80 days prior to the date of the city’s primary election. The filing period shall be held not more than 71 days nor less than 64 days prior to the primary election. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.

IV. Within 21 days after proof of a vacancy or a request that a vacancy be filled, the governor, in the case of an executive council vacancy, or the governor and council, in the case of any other vacancy, shall declare that there shall be a special election which shall be held as provided in RSA 655:81 and 82 or as provided in RSA 661:8, III.

V. No request for a special election shall be considered after March 15 of the second year of the biennium.

2001-1479s

AMENDED ANALYSIS

This bill:

I. Requires that a political party nominated by nomination papers submit its list of candidates for the general election to the secretary of state no later than 5:00 p.m. on the day of the primary.

II. Repeals the provision permitting parties to fill vacancies existing on a party ticket following the state primary election.

III. Permits a candidate who receives the nomination of his or her party to also receive the nomination of a different party.

IV. Permits cities to hold special elections to fill vacancies in the office of state representative on the same dates as the city’s biennial primary and regular elections.

Senator Roberge moved to re-refer.

HB 201, relative to voters presenting identification to obtain a ballot. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HB 226, relative to instructions to voters for straight-ticket voting. Public Affairs Committee. Vote 3-0. Re-referred, Senator O'Neil for the committee.

HB 259, relative to holding sessions for correction of checklists. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator O'Neil for the committee.

2001-1464s

03/04

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

1 Voters and Checklists; Checklists: All State Elections; Sessions for Correction; Time. Amend RSA 654:27 to read as follows:

654:27 Session for Correction. In cities and towns, the supervisors of the checklist shall be in session for the correction of the checklist at some suitable place in the city or town. Sessions shall be held in cities at the times determined by the governing body. Sessions shall be held in towns on the Saturday 10 days prior to the election and upon which all hearings shall be finally closed; provided that if the Saturday falls on a holiday weekend, that session shall be held on Tuesday, 7 days prior to the election, between 7:00 p.m. and [9:00] 8:00 p.m. and at the discretion of the supervisors for additional hours. Notice of the day, hour, and place of each session of the board of supervisors shall be given upon the checklists first posted and shall be published in a newspaper of general circulation in the city or town at least 7 days prior to each such session. The reconvening of any session which has been adjourned shall not require the publication of notice.

2 Voters and Checklists; Checklists: All State Elections; Procedure; Time. Amend RSA 654:28 to read as follows:

654:28 Procedure. The supervisors of the checklist shall hear all applications for a correction of the checklist and the evidence submitted thereon and shall correct it according to their best knowledge so that it contains only the names of those persons qualified to vote at said election. The names of all persons not qualified to vote at the time of any session, but who shall clearly be qualified to vote on election day, may be added to the checklist at that session. The session which is held on the Saturday 10 days prior to election day shall be held as a minimum requirement between 11:00 a.m. and 12:00 p.m. and at the discretion of the supervisors for additional hours. No additions or corrections shall be made after the Saturday session, except as provided in RSA 659:12 or RSA 654:27, provided, however, that if the Saturday falls on a holiday weekend, that session shall be held on Tuesday, 7 days prior to the election, between 7:00 p.m. and [9:00] 8:00 p.m. and at the discretion of the supervisors for additional hours. Minimum requirements for sessions shall be determined by the governing body. The additions and corrections resulting from such session shall be made to the previously posted checklist on or before midnight on the succeeding Friday either by additions or corrections to said checklist or by posting a new corrected checklist. Notice of such additions or corrections to the checklist shall also be given to the town or city clerk.

2001-1464s

AMENDED ANALYSIS

This bill permits the governing body of a city to determine the hours for sessions for correction for the checklist and changes the hours for evening sessions for correction of checklists in towns from between 7:00 p.m. and 9:00 p.m. to between 7:00 p.m. and 8:00 p.m. and at the discretion of the supervisors for additional hours.

HB 399, relative to proof of qualifications for voter registration. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator O'Neil for the committee.

Senator Wheeler moved to substitute re-refer for ought to pass.

HB 503, relative to incompatible offices. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator Francoeur voted yes on HB 503.

HB 512, relative to off-site improvements imposed on applicants to a planning board. Public Affairs Committee. Vote 2-1. Ought to pass with amendment, Senator Roberge for the committee.

2001-1470s

08/04

Amend the bill by replacing section 1 with the following:

1 Local Land Use Planning; Authority for Impact Fee Ordinances. Amend RSA 674:21, V(i) to read as follows:

(i) Neither the adoption of an impact fee ordinance, nor the failure to adopt such an ordinance, shall be deemed to affect existing authority of a planning board over subdivision or site plan review, except to the extent expressly stated in such an ordinance. The planning board shall, in the course of site plan or subdivision review, have the authority to impose a requirement that a developer, as a condition of approval of such subdivision or site plan proposal, be responsible for the payment of the cost of such developer’s proportional share of any off-site improvements that the board determines are necessitated by the development proposal. Such authority shall not be affected by the adoption of or failure to adopt an impact fee ordinance as provided herein. For purposes of this subparagraph "off-site improvements" means an exaction imposed to meet capital needs occasioned by a particular application outside the development site.

Amend the bill by replacing section 3 with the following:

3 Local Land Use Planning; Authority for Site Plan Review Regulations. Amend the introductory paragraph of RSA 674:44, IV to read as follows:

IV. The site plan review regulations of the planning board may stipulate, as a condition precedent to the approval of the plat, the extent to which and the manner in which streets shall be graded and improved and to which water, sewer, and other utility mains, piping, connections, or other facilities shall be installed. The planning board, in exercising this authority, may consider both on-site and off-site improvements. It is expressly provided that a planning board may adopt regulations which provide that in the course of review of a site plan review application, the board may require that a developer or an applicant, as a condition of approval of such site plan proposal, be responsible for the payment of the cost of any on-site improvements as well as the developer’s or applicant’s proportional share of any off-site improvements that the board determines are necessitated by the development proposal. Such authority shall not be affected by the adoption of or failure to adopt an impact fee ordinance as provided in RSA 674:21. For purposes of this subparagraph "off-site improvements" means an exaction imposed to meet capital needs occasioned by a particular application outside the development site. The regulations or practice of the planning board:

Senator Roberge moved to re-refer.

HB 596, relative to the acquisition of land by a town. Public Affairs Committee. Vote 2-0. Ought to Pass, Senator Roberge for the committee.

HB 698, relative to verification of checklists. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HB 389, establishing a committee to study the nursing home industry in New Hampshire. Public Institutions, Health and Human Services Committee. Vote 5-0. Inexpedient to Legislate, Senator Prescott for the committee.

HB 451, establishing a commission to study the impact of pay and health care benefits for child care workers on the quality of care and education for children by considering and exploring funding methods for accomplishing any recommendations. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-1482s

04/09

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

AN ACT relative to the duties of the advisory council on child care.

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

1 New Subparagraphs; Health and Human Services; Advisory Council on Child Care; Duties. Amend RSA 126-A:17, V by inserting after subparagraph (g) the following new subparagraphs:

(h) Investigating creative ways in which to make affordable health insurance available to all persons providing child care services to children and families in New Hampshire.

(i) Investigating the experiences in other states with programs designed to improve pay and benefits of child care providers to ascertain whether these programs have led to an improvement in the quality and availability of child care in those states.

(j) Monitoring any private or other initiatives undertaken in New Hampshire which address pay and benefits to ascertain the impact on the quality of care for children, paying particular attention to issues of turnover and continuity of care experienced by children.

(k) Considering new and innovative funding methods for accomplishing any recommendations of the commission.

2 New Section; Health and Human Services; Advisory Council on Child Care; Report Required. Amend RSA 126-A by inserting after section 17 the following new section:

126-A:17-a Report. Beginning December 1, 2002, and no later than December 1 in every year thereafter, the advisory council on child care shall submit a report of its findings and any recommendations for legislation relative to the duties set forth in RSA 126-A:17, V (h)-(k), to the speaker of the house of representatives, the president of the senate, the chairperson of the house committee on children and family law, and the chairperson of the senate committee on public institutions, health and human services.

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

2001-1482s

AMENDED ANALYSIS

This bill extends the duties of the advisory council on child care to include the study of issues regarding the pay and benefits of child care providers, including creative ways in which to make affordable health insurance available to persons providing child care services to children and families in New Hampshire, and requires the advisory council to submit a report of its findings in these matters.

HB 339, prohibiting the taking of deer by baiting. Wildlife and Recreation Committee. Vote 3-2. Ought to pass with amendment, Senator Roberge for the committee.

2001-1484s

10/04

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

1 New Paragraph; Fish and Game; Baiting. Amend RSA 207:3-d by inserting after paragraph I the following new paragraph:

I-a. Notwithstanding paragraph I, no person shall engage in the act of baiting for deer or shall knowingly take deer from a baited area unless permitted under RSA 208:7, IV(a) or (b).

2 New Paragraph; Manner of Taking Deer. Amend RSA 208:7 by inserting after paragraph III the following new paragraph:

IV. No person shall place bait for the taking of deer, or shall knowingly take deer from a baited area, except for the following:

(a) A person granted a special permit for scientific purposes, animal damage control, or for any other purpose, allowing such baiting, at the discretion of the executive director.

(b) A person who otherwise complies with the requirements of this title, and who:

(1) Has a walking disability as that term is defined in RSA 261:88, I(c);

(2) Is issued a crossbow permit under RSA 207:10-c; or

(3) Is a landowner wishing to take deer on that person’s own land.

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

2001-1484s

AMENDED ANALYSIS

This bill prohibits the baiting of deer and the taking of deer from a baited area except by certain persons.

Senator Roberge moved to re-refer.

Senator Disnard moved to have HB 339, prohibiting the taking of deer by baiting, laid on the table.

HB 339, prohibiting the taking of deer by baiting.

HB 426, relative to the voluntary scrapie flock certification program. Wildlife and Recreation Committee. Vote 5-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-1494s

08/09

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

1 New Sections; Voluntary Scrapie Flock Certification Program. Amend RSA 436 by inserting after section 115 the following new sections:

436:116 Voluntary Scrapie Flock Certification Program.

I. The department of agriculture, markets, and food shall implement the United States Department of Agriculture, Animal and Plant Health Inspection Service, Voluntary Scrapie Flock Certification Program standards as provided in 9 CRF Parts 54 and 79, and any subsequent amendments.

II. The provisions of paragraph III shall apply in any instance when a sheep or goat producer has entered the program and has voluntarily requested technical help from the board or is inspected by a state animal health official on behalf of the board as established under 9 CFR Parts 54 and 79, and is not at the time the subject of an active enforcement action.

III. With the exception of the state and federal veterinarians, acting in their official capacity, state board members and agents of the board shall not make available to any other regulatory or enforcement agency not involved in the program, or to the public, information obtained in the course of such help or inspection unless:

(a) The person receiving such inspection agrees that such information may be released;

(b) The information reveals an imminent threat to human life of the environment;

(c) The information reveals evidence of a knowing criminal violation;

(d) The information is presented in aggregate form with no identification of individual entities; or

(e) The board first notifies any person requesting technical help of the provisions of this section.

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

2001-1494s

AMENDED ANALYSIS

This bill enables a state scrapie certification board as provided by 9CFR parts 54 and 79, the state entity in charge of the state component of the joint state and federal voluntary scrapie flock certification program. The bill establishes flock participation requirements and confidentiality provisions.

HB 208-FN, changing the license requirement for operators collecting the meals and rooms tax. Ways and Means Committee. Vote 3-0. Ought to Pass, Senator D'Allesandro for the committee.

Senator Larsen offered a floor amendment.

2001-1540s

09/01

Floor Amendment to HB 208-FN

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

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

3 Woman’s Club of Concord; Property Tax Exemption. Amend section 1 of 1919, 273 to read as follows:

Section 1. The lot of land above described, with improvements thereon, shall be exempt from taxation so long as and to the extent that is used for the purposes of said association. [Provided, however, that said exemption shall apply only to local taxation.]

4 Effective Date.

I. Section 3 of this act shall take effect upon its passage.

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

2001-1540s

AMENDED ANALYSIS

This bill changes the license requirement for operators collecting the meals and rooms tax.

The bill also expands an exemption from local property taxation for the Woman’s Club of Concord to exempt the club from any property taxation.

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. Eaton, Dist. 10

June 12, 2001

2001-1653s

09/01

Floor Amendment to HB 208-FN

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

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

3 Betterment Assessments; Liens Created. Amend RSA 231:30 to read as follows:

231:30 Liens For Assessments. All assessments made under the provisions of RSA 231:29 shall create a lien upon the lands on account of which they are made, which shall continue following the assessment until fully discharged in accordance with the terms set by each governing board or in compliance with any court judgment. Such assessments shall be subject to interest and such other charges as are applicable to the collection of delinquent taxes.[ The landowner shall have the same right of appeal and follow the same procedures as are applicable to the assessment of taxes.]

4 Betterment Assessments; Abatement and Appeal. RSA 231:32 is repealed and reenacted to read as follows:

231:32 Abatement and Appeal of Betterment Assessments.

I. Any person aggrieved by a betterment assessment made pursuant to RSA 231:29 may, within 2 months of the notice of tax date and not afterwards, apply in writing to the selectmen or assessors for an abatement of the betterment assessment.

II. Upon receipt of an application under paragraph I, the selectmen or assessors shall review the application and shall grant or deny the application in writing within 6 months after the notice of tax date.

III.(a) If the selectmen or assessors neglect or refuse to abate the betterment assessment, any person aggrieved may either:

(1) Appeal in writing to the board of tax and land appeals, upon payment of a $65 filing fee; or

(2) Petition the superior court in the county where the property is located.

(b) The appeal to either the board of tax and land appeals or superior court shall be filed within 8 months of the notice of tax date and not afterwards.

IV. For purposes of this section, "notice of tax date" means the date the taxing jurisdiction mails the betterment assessment tax bill.

V. Each betterment assessment tax bill shall require a separate abatement request and appeal.

5 New Paragraphs; Board of Tax and Land Appeals; Authority; Duties. Amend RSA 71-B:5 by inserting after paragraph III the following new paragraphs:

IV. To hear and determine all matters relating to orders for reassessment properly brought pursuant to RSA 71-B:16.

V. To hear and determine petitions filed by the commissioner of revenue administration pursuant to RSA 21-J:11-a, II(b). The board shall give such petitions priority for scheduling hearings and for final rulings. In addition to the standards utilized by the commissioner of revenue administration in the certification of assessments pursuant to RSA 21-J:11-a, the board shall consider the criteria in a RSA 71-B:16-a. The board’s decision on such petitions shall be final, subject to appeal to the supreme court. Any appeal shall be filed with the clerk of the supreme court within 20 days after the date the decision is issued. The supreme court shall give any appeal it hears under this section priority in the court calendar.

6 Appraisal of Taxable Property; How Appraised. RSA 75:1 is repealed and reenacted to read as follows:

75:1 How Appraised. The selectmen shall appraise open space land pursuant to RSA 79-A:5, open space land with conservation restrictions pursuant to RSA 79-B:3, land with discretionary easements pursuant to RSA 79-C:7, residences on commercial or industrial zoned land pursuant to RSA 75:11, earth and excavations pursuant to RSA 72-B, and all other taxable property at its market value. Market value means the property’s full and true value as the same would be appraised in payment of a just debt due from a solvent debtor. The selectmen shall receive and consider all evidence that may be submitted to them relative to the value of property, the value of which cannot be determined by personal examination.

7 Appraisal of Taxable Property; Oath. Amend RSA 75:7 to read as follows:

75:7 Oath. The selectmen and assessors shall take and subscribe upon the copies or original inventories and assessments of both resident and nonresident taxes, furnished by them to the town clerks in their respective towns, to be recorded in the clerk's records, the following oath, which may be subscribed before any justice of the peace or notary public: We, the selectmen and assessors of __________, [do solemnly swear that in making the inventory for the purpose of assessing the foregoing taxes we appraised all taxable property at its full value, and as we would appraise the same in payment of a just debt due from a solvent debtor. So help us God] certify under the penalty of perjury that in making the inventory for the purpose of assessing the foregoing taxes, all taxable property was valued in accordance with RSA 75:8, to the best of our knowledge and belief.

8 Annual Revised Inventory. RSA 75:8 is repealed and reenacted to read as follows:

75:8 Revised Inventory.

I. Annually, and in accordance with state assessing standards, the assessors and selectmen shall adjust assessments to reflect changes so that all assessments are reasonably proportional within that municipality. All adjusted assessments shall be included in the inventory of that municipality and shall be sworn to in accordance with RSA 75:7.

II. Assessors and selectmen shall consider adjusting assessments for any properties that:

(a) They know or believe have had a material physical change;

(b) Changed in ownership;

(c) Have undergone zoning changes;

(d) Have undergone changes to exemptions, credits or abatements;

(e) Have undergone subdivision, boundary line adjustments, or mergers; or

(f) Have undergone other changes affecting value.

9 New Section; Appraisal of Taxable Property; Five-Year Valuation. Amend RSA 75 by inserting after section 8 the following new section:

75:8-a Five-Year Valuation. At least as often as every fifth year, beginning with the first year the commissioner of the department of revenue administration certifies a municipality’s assessments pursuant to RSA 21-J:3, XXVI, the assessors and/or selectmen shall value all real estate within the municipality so that the assessments are valued in accordance with RSA 75:1.

10 New Paragraph; Department of Revenue Administration; Duties of Commissioner. Amend RSA 21-J:3 by inserting after section XXV the following new paragraph:

XXVI. Review each municipality’s assessments once within every 5 years and certify the assessments of the municipality if such assessments are valued in accordance with RSA 75:1. In carrying out the duty to certify the assessments of property, the commissioner shall follow the procedures set forth in RSA 21-J:11-a.

11 New Sections; Department of Revenue Administration. Amend RSA 21-J by inserting after section 11 the following new sections:

21-J:11-a Certification of Assessments.

I. The commissioner shall certify that the assessments of a municipality comply with the provisions of RSA 75:1 when the commissioner determines that:

(a) Level of assessments and uniformity of assessments are within acceptable ranges as prescribed by state assessing standards by considering, where appropriate, an assessment-to-sales-ratio study conducted by the department for the municipality;

(b) Assessment practices substantially comply with applicable statutes and rules;

(c) Exemption, credit, and abatement procedures substantially comply with applicable statutes and rules;

(d) Assessments are based on reasonably accurate data; and

(e) Assessments of various types of properties are reasonably proportional to other types of properties within the municipality.

II. If the commissioner does not certify that the assessments of a municipality comply with RSA 75:1, the commissioner shall order in writing those corrective actions, including the time for completion, deemed necessary to assess the municipality’s property in accordance with RSA 75:1; and:

(a) If the governing body of the municipality agrees with the commissioner’s determination, the municipality shall complete the corrective actions within the time prescribed by the commissioner.

(b) If the governing body of the municipality does not agree with the commissioner’s determination not to certify its assessments, with the corrective actions ordered, or the time allowed for completion, the commissioner shall petition the board of tax and land appeals to order that the municipality’s property is not assessed in accordance with RSA 75:1 and to order such corrective action necessary to ensure that the municipality’s assessment are in accordance with RSA 75:1.

III. The commissioner shall adopt rules under RSA 541-A relative to acceptable ranges of level of assessments and uniformity of assessments, procedures for review of assessment practices, and procedures and forms for the commissioner’s certification of assessments. Rules adopted by the commissioner under this paragraph shall remain effective until the assessing standards board adopts rules under RSA 21-J:14-b, II.

IV. Within 60 days of the certification of a municipality’s assessments, the commissioner shall reimburse the municipality on a per parcel basis to defray assessing expenses associated with certification according to the following formula: $10 per parcel for the first 1,000 parcels, $8 per parcel for the next 5,000 parcels, and $5 per parcel for all remaining parcels.

21-J:11-b Implementation of Certification.

I. The commissioner of revenue administration shall adopt a schedule so that each city, town, and unincorporated place has its assessments reviewed within 5 years of April 1, 2002, and shall notify each city, town, and unincorporated place, within 60 days of passage of this act, of the property tax year for which their initial certification review shall occur.

II. The department shall offer training and technical assistance to municipal officials to assist in complying with the provisions of RSA 75:8, RSA 75:8-a, and RSA 21-J:11-a.

III. The commissioner of revenue administration shall report in its annual report, the number of communities assisted and the types of assistance and training provided pursuant to RSA 21-J:10, RSA 21-J:11, and RSA 21-J:11-b, II.

12 Setting of Tax Rates by Commissioner. Amend RSA 21-J:35, I to read as follows:

I. The commissioner of revenue administration shall compute and establish the tax rate of each town, city, or unincorporated place. Any decision by the commissioner not to certify the assessments of a municipality pursuant to RSA 21-J:11-a shall not delay or otherwise affect the setting of the tax rate for that municipality.

13 Real Estate. Amend RSA 73:10 to read as follows:

73:10 Real Estate. Real and personal property shall be taxed to the person claiming the same, or to the person who is in the possession and actual occupancy thereof, if such person will consent to be taxed for the same; but such real estate shall be taxed in the town in which it is situate. Any decision by the commissioner not to certify the assessments of a municipality pursuant to RSA 21-J:11-a shall not affect the obligation of the taxpayer to pay property taxes otherwise lawfully assessed.

14 Powers of Collector. Amend RSA 80:4 to read as follows:

80:4 Powers of Collector. Every collector, in the collection of taxes committed to him and in the service of his warrant, shall have the powers vested in constables in the service of civil process, which shall continue until all the taxes in his list are collected. Any decision by the commissioner not to certify the assessments of a municipality pursuant to RSA 21-J:11-a shall not affect the authority of the tax collector to issue tax bills and to exercise all powers contained in this chapter for the collection of taxes.

15 Petition for Order of Reassessment; SB 193 Provision Amended. Amend RSA 21-J:9-b to read as follows:

21-J:9-b Petition for Order of Reassessment. The commissioner, in petitioning for an order of reassessment pursuant to RSA 21-J:3, XXV, may consider any information that indicates that property in a city, town, or unincorporated place is valued disproportionately to other property within that municipality in determining whether to petition the board of tax and land appeals to issue an order for reassessment. Additionally, the commissioner shall petition the board of tax and land appeals to issue an order for reassessment of property if the following criteria are met:

I. The commissioner’s most recent annual sales-assessment ratio study indicates that the coefficient of dispersion exceeds 20 employing a 95-percent level of confidence, provided however that if the sample size for a sales-assessment ratio study is less than 30, the commissioner may use a level of confidence as low as 70 percent;

II. The municipality has not [conducted a full revaluation within 6 years] complied with the provisions of RSA 75:8-a; and

[III. A municipality has not contracted for a full revaluation of the property within such municipality to be effective no later than the tax year following such determination.]

16 Certification Required; SB 193 Provision Amended. Amend RSA 21-J:14-f, I to read as follows:

I. Every person, whether working individually, for a firm or corporation, or as a municipal [or department of revenue administration] employee, making appraisals of a municipality for tax assessment purposes, except elected officials making appraisals pursuant to RSA 75:1, shall be certified by the department. Department of revenue employees shall be certified at the level appropriate to their duties. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to qualifications for certification, standards for continuing education, and standards for revocation or suspension of certification. Rules adopted by the commissioner under this paragraph shall remain effective until the assessing standards board adopts rules under RSA 21-J:14-b, I(c).

17 Property Taxes; What Taxes Assessed; Expenses of Reassessment; SB 193 Provision Amended. Amend RSA 76:5 to read as follows:

76:5 What Taxes Assessed. The selectmen shall seasonably assess all state and county taxes for which they have the warrants of the commissioner of revenue administration and county treasurers respectively; all taxes duly voted in their towns; and all school and village district taxes authorized by law or by vote of any school or village district duly certified to them; and all sums required to be assessed by RSA 33 and RSA 21-J:9-c. Any decision by the commissioner not to certify the assessments of a municipality pursuant to RSA 21-J:11-a shall not affect the authority of the selectmen to assess taxes.

18 Initial Assessment Review Schedule. The commissioner of revenue administration shall adopt a schedule so that each city, town, and unincorporated place has its assessments reviewed within 5 years and shall notify each municipality, within 60 days of passage of this act, of the property tax year for which their initial certification review shall occur. The department shall offer training and technical assistance to municipal officials to assist in complying with the provisions of RSA 21-J:11-a, as inserted by this act.

19 Contingency. If SB 193 of the 2001 legislative session becomes law, then section 15 of this act shall take effect at 12:01 a.m. on the effective date of section 17 of SB 193. If SB 193 of the 2001 legislative session becomes law, then section 16 of this act shall take effect at 12:01 on the effective date of section 12 of SB 193. If SB 193 of the 2001 legislative session becomes law, then section 17 of this act shall take effect at 12:01 a.m. on the effective date of section 18 of SB 193. If SB 193 does not become law, then sections 15-17 of this act shall not take effect.

20 Effective Date.

I. Sections 15-17 of this act shall take effect as provided in section 17 of this act.

II. Sections 3, 4 and 19 of this act shall take effect upon its passage.

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

IV. The remainder of this act shall take effect 60 days after its passage.

2001-1653s

AMENDED ANALYSIS

This bill:

I. Changes the license requirement for operators collecting the meals and rooms tax.

II. Provides specific time lines and abatement and appeal procedures for betterment assessments.

III. Requires valuations of taxable property every 5 years, and certification of municipal assessments by the commissioner of revenue administration of compliance with state assessing standards.

IV. Makes changes to certain provisions of SB 193 of the 2001 legislative session.

Senator Francoeur having voted with the prevailing side, moved reconsideration on HB 488, establishing a task force to study certain issues regarding privacy, whereby we ordered it to third reading and final passage.

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

Senator Francoeur offered a floor amendment.

2001-1532s

01/09

Floor Amendment to HB 488

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

AN ACT establishing a committee to study certain issues regarding privacy.

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

1 Study Committee Established. There is established a study committee to study privacy issues as they pertain to federal law including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Gramm-Leach-Bliley Act of 1999 (GLBA) and existing state laws relative to privacy issues.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(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.

II. The committee shall solicit information from any resource the committee deems relevant to its study.

III. The members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study privacy issues as they pertain to federal law including, but not limited to, the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Gramm-Leach-Bliley Act of 1999 (GLBA). The committee shall also include in its study a review of existing state laws relative to privacy issues.

4 Chairperson; Quorum. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Six members of the committee shall constitute a quorum.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002, provided that the committee shall make an interim report on or before November 1, 2001.

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

2001-1532s

AMENDED ANALYSIS

This bill establishes a committee to study privacy issues as they pertain to federal law and existing state laws relative to privacy issues.

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 all bills ordered to third reading be by this resolution, read a third time and that all titles be the same as adopted, and that they be passed at the present time.

Senator Francoeur moved that the Senate now adjourn and that we adjourn to Tuesday, June 12, 2001 at 10:00 a.m.

HB 103, relative to the possession of deadly weapons by convicted felons or during the commission or attempted commission of a violent crime.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists.

HB 131, relative to the retention and disposal of certain financial disclosure forms.

HB 132-FN, relative to the damage or destruction of an emergency vehicle or emergency services equipment.

HB 135, creating a commission to study the state's increasing appellate caseload and solutions to the increasing appellate caseload.

HB 140, relative to interest on judgments.

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

HB 156, relative to the detention of juveniles in delinquency proceedings.

HB 160, establishing a committee to study the issue of one-day/one-trial jurors.

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

HB 197, extending the reporting date of the commission to study methods for reducing violent incidents involving children and guns.

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

HB 208-FN, changing the license requirement for operators collecting the meals and rooms tax.

HB 210-FN, relative to the penalties for persons convicted of subsequent DWI offenses.

HB 259, relative to holding sessions for correction of checklists.

HB 265, prohibiting the sale of rolling papers to minors.

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

HB 296-FN, relative to receiving stolen property.

HB 328-FN-L, relative to fees of sheriffs and deputy sheriffs.

HB 361, establishing a committee to study certain policies and procedures in the department of corrections.

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

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

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

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

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

HB 426, relative to the voluntary scrapie flock certification program.

HB 442, establishing a study committee to examine the effects of protective custody on county correctional facilities.

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

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

HB 453, establishing a 4-year term for the commissioner of the department of corrections.

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

HB 503, relative to incompatible offices.

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

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

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

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

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.

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

HB 643-FN, extending the moratorium on new nursing home beds.

HB 648-FN, authorizing licensing of homeless youth programs.

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

HB 684, relative to the occupational therapy practice act.

HB 698, relative to verification of checklists.

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

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

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

HB 764-FN, relative to interference with custody.