2001-1549-EBA

06/10

Enrolled Bill Amendment to SB 100

The Committee on Enrolled Bills to which was referred SB 100

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 bill.

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

divert such persons, when necessary, from the criminal justice system to appropriate treatment

Senator D’Allesandro moved adoption.

2001-1603-EBA

06/10

Enrolled Bill Amendment to SB 165-FN

The Committee on Enrolled Bills to which was referred SB 165-FN

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 punctuation change in a bill section heading.

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

1 New Section; Three-Wheeled ATVs; Limitation on Government Sale. Amend RSA 215-A

Senator D’Allesandro moved adoption.

June 11, 2001

2001-1610-EBA

05/01

Enrolled Bill Amendment to SB 167-FN

The Committee on Enrolled Bills to which was referred SB 167-FN

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 typographical correction to the bill.

Amend RSA 151-E:6-c as inserted by section 2 of the bill by replacing line 2 with the following:

of care shall be as follows:

Senator D’Allesandro moved adoption.

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 738, establishing a commission to assess the operating efficiency of state government.

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 738, establishing a commission to assess the operating efficiency of state government.

Senator Flanders 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 its amendments to the following entitled Bills sent down from the Senate:

HB 375, relative to sources of funding an adequate education.

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

SB 53, relative to attorneys’ fees in certain circumstances under the workers’ compensation law.

And the Speaker, on the part of the House of Representatives, 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 95, relative to campaign contribution limits.

And the Speaker, on the part of the House of Representatives, 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 111, extending the term for the payment of group health insurance premiums for certain retired members of the retirement system.

And the Speaker, on the part of the House of Representatives, 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 192, relative to the issuance of high/medium voltage licenses by the electricians’ board.

And the Speaker, on the part of the House of Representatives, 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 54, relative to the transfer of funds in the community-technical college system.

SB 54, relative to the transfer of funds in the community-technical college system.

Senator O’Hearn moved to concur.

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 215, relative to publication of status of cases before the supreme court.

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 215, relative to publication of status of cases before the supreme court.

Senator Gordon 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 256, limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.

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 256, limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.

Senator Gordon 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 277, clarifying the penalties for violations of statutes or ordinances where no penalty is specified.

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 277, clarifying the penalties for violations of statutes or ordinances where no penalty is specified.

Senator Gordon 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 315, relative to the registration of criminal offenders.

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 315, relative to the registration of criminal offenders.

Senator Gordon 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 357, relative to periodic payments of judgements.

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 357, relative to periodic payments of judgements.

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

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

Senator Prescott 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 444, relative to mental health services and records.

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 444, relative to mental health services and records.

Senator Gordon 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 475, establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

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 475, establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

Senator Gordon 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 509, establishing a statue of limitations on spousal support orders.

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 509, establishing a statue of limitations on spousal support orders.

Senator Gordon 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 543, establishing the division of ports and harbors within the Pease Development Authority and transferring all functions, powers, and duties of the New Hampshire state port authority.

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 543, establishing the division of ports and harbors within the Pease Development Authority and transferring all functions, powers, and duties of the New Hampshire state port authority.

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

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

Senator Prescott 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 588, relative to examination of persons called as jurors.

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 588, relative to examination of persons called as jurors.

Senator Gordon 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 703, relative to durable powers of attorney.

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 703, relative to durable powers of attorney.

Senator Gordon 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 707, establishing a committee to study the usage of 211 as a uniform community service information and referral number.

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 707, establishing a committee to study the usage of 211 as a uniform community service information and referral number.

Senator Flanders 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 758, relative to the sale of gasoline containing ethers.

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 758, relative to the sale of gasoline containing ethers.

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

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

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

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

2001-1714-EBA

06/09

Enrolled Bill Amendment to HB 745-FN

The Committee on Enrolled Bills to which was referred HB 745-FN

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 technical corrections to the bill.

Amend line 1 of RSA 382-A:309 as inserted by section 25 of the bill to read as follows:

382-A:9-309 Security Interest Perfected Upon Attachment. The following security interests are

Amend line 1 of RSA 382-A:317 as inserted by section 25 of the bill to read as follows:

382-A:9-317 Interests That Take Priority Over or Take Free of Security Interest or Agricultural

Amend line 1 of RSA 382-A:318 as inserted by section 25 of the bill to read as follows:

382-A:9-318 No Interest Retained in Right to Payment That is Sold; Rights and Title of Seller of

Amend line 1 of RSA 382-A:319 as inserted by section 25 of the bill to read as follows:

382-A:9-319 Rights and Title of Consignee with Respect to Creditors and Purchasers.

Amend line 1 of RSA 382-A:320 as inserted by section 25 of the bill to read as follows:

382-A:9-320 Buyer of Goods.

Amend line 1 of RSA 382-A:340 as inserted by section 25 of the bill to read as follows:

382-A:9-340 Effectiveness of Right of Recoupment or Set-Off Against Deposit Account.

Amend line 1 of RSA 382-A:9-529 as inserted by section 25 of the bill to read as follows:

382-A:9-529 Fraudulent Filing.

Senator Pignatelli moved adoption.

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

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

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 442, establishing a study committee to examine the effects of protective custody on county correctional facilities and relative to the billing of counties for certain expenses by the department of health and human services and relative to costs of certain juvenile placements.

HB 443, relative to a state energy plan and relative to road toll fees for vehicles powered by alternate energy sources.

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 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.

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

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

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

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

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

SB 107, relative to violations of motor vehicle laws by foreign diplomatic and consular officers.

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

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

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

SB 174, 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.

SB 190, dedicating the I-93 causeway at Moore Dam, the Cottage Street Bridge in Littleton, and the Smith Bridge in Plymouth.

Senator Wheeler moved adoption.

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

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

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

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

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

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

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

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

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

HB 413, relative to ownership of rail properties.

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

HB 520, relative to clarifying qualifications of candidates.

HB 534, relative to "salvage" motor vehicles.

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

HB 606, relative to the Christa McAuliffe Planetarium.

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

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

HB 635, relative to family mutual support services.

HB 637, requiring annual training for members of the workers’ compensation appeals board.

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

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

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

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

SB 62, relative to guardianships.

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

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

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

SB 144, increasing bail commissioners’ fees.

Senator Wheeler moved adoption.

2001-1683-EBA

05/01

Enrolled Bill Amendment to SB 106

The Committee on Enrolled Bills to which was referred SB 106

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 punctuation correction.

Amend RSA 301-A:28, IV(d) as inserted by section 2 of the bill by replacing line 9 with the following:

in said paid-in capital or accumulated savings returns as such;

Senator Pignatelli moved adoption.

2001-1681-EBA

08/09

Enrolled Bill Amendment to SB 84

The Committee on Enrolled Bills to which was referred SB 84

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 inserts a contingency which combines a provision of HB 663 and this bill, if HB 663 becomes law.

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

3 Emergency Lights; Funeral Lead Vehicle Added. Amend RSA 266:74, I to read as follows:

I. It shall be unlawful for any motor vehicle equipped with an emergency light to be driven on the ways of the state. This provision shall not apply to vehicles of any law enforcement agencies or officers, forestry departments, fire departments, volunteer ambulance drivers, volunteer members of fire departments, state, city, or town highway or public works departments, public utilities, wreckers, public or private ambulances, private snow removal vehicles, emergency highway service vehicles, postal service vehicles, school buses, funeral escort and lead vehicles, and such other vehicles as determined by the director. Emergency lights shall not be in operation except during an emergency, and in the case of private snow removal vehicles, while such vehicle is actively in use in snow removal, and, in the case of postal service vehicles, while such vehicle is actively engaged in delivering mail, and, in the case of school buses, while such school bus is actively engaged in the transportation of students.

4 Contingency. If HB 663 of the 2001 legislative session becomes law, then section 3 of this act shall take effect on January 1, 2002, and section 2 of this act shall not take effect. If HB 663 does not become law, then section 2 of this act shall take effect on January 1, 2002, and section 3 of this act shall not take effect.

5 Effective Date.

I. Section 4 of this act shall take effect upon its passage.

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

Senator Pignatelli moved adoption.

2001-1673-EBA

08/10

Enrolled Bill Amendment to SB 76-FN

The Committee on Enrolled Bills to which was referred SB 76-FN

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 in a bill section heading.

Amend section 2 of the bill by replacing line 3 with the following:

Changed. Amend RSA 178:20, V(l)(1) and (2) to read as follows:

Senator Pignatelli moved adoption.

2001-1685-EBA

04/10

Enrolled Bill Amendment to HB 25-FN-A

The Committee on Enrolled Bills to which was referred HB 25-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 technical and grammatical changes to sections 14, 22, and 27 of the bill.

Amend section 14 of the bill by replacing lines 2-4 with the following:

for the biennium ending June 30, 2003, is hereby appropriated to the department of transportation, division of public works for the purpose of preparing the reports required by section 13 of this act. This appropriation shall be in addition to any other sums appropriated to

Amend section 22 of the bill by replacing line 3 with the following:

10. Equipment upgrade[-DASD] * 200,000

Amend section 27 of the bill by replacing line 2 with the following:

trustees of the university system of New Hampshire shall commence a study of the feasibility and

Senator Pignatelli moved adoption.

2001-1830-EBA

03/01

Enrolled Bill Amendment to HB 103

The Committee on Enrolled Bills to which was referred HB 103

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 modifies a bill section heading to conform to the contents of the bill.

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

2 Pistols and Revolvers; Possession of Deadly Weapon While Committing a Violent Crime. Amend RSA 159:15, I to read as follows:

Senator Pignatelli moved adoption.

2001-1706-EBA

08/10

Enrolled Bill Amendment to HB 288-FN

The Committee on Enrolled Bills to which was referred HB 288-FN

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 and a technical correction to an RSA reference.

Amend RSA 326-I:5, I as inserted by section 1 of the bill by replacing line 4 with the following:

examinations and examiners used by the Registry of Interpreters for the Deaf or the National

Amend RSA 326-I:6, IV (d) as inserted by section 1 of the bill by replacing line 1 with the following:

(d) Students exempted under RSA 326-I:8.

Senator Pignatelli moved adoption.

2001-1741-EBA

05/10

Enrolled Bill Amendment to HB 402

The Committee on Enrolled Bills to which was referred HB 402

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 in the insertion of an RSA section by section 3 of the bill.

Amend section 3 of the bill by replacing lines 1-2 with the following:

3 New Subdivision; Affordable Telephone Service. Amend RSA 374 by inserting after section 22-o the following new subdivision:

Intrastate Telephone Service

Senator Pignatelli moved adoption.

2001-1686-EBA

05/10

Enrolled Bill Amendment to HB 412

The Committee on Enrolled Bills to which was referred HB 412

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

FOR THE COMMITTEE

This enrolled bill amendment makes a grammatical correction to the title of the bill.

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

Senator Pignatelli moved adoption.

2001-1833-EBA

03/10

Enrolled Bill Amendment to HB 554-FN

The Committee on Enrolled Bills to which was referred HB 554-FN

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 inserts a contingent renumbering provision to avoid conflict with an act previously passed by the general court.

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:

4 Contingency. If HB 303-FN-A-LOCAL of the 2001 regular session becomes law, then RSA 21-P:12-d as inserted by section 2 of this act shall be renumbered as RSA 21-P:12-f.

Senator Pignatelli moved adoption.

2001-1790-EBA

03/09

Enrolled Bill Amendment to HB 667

The Committee on Enrolled Bills to which was referred HB 667

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 clarifies matter added to and deleted from current law, inserts an omitted RSA section heading, and makes punctuation corrections.

Amend RSA 329:2, I as inserted by section 2 of the bill by replacing line 2 with the following:

selected from among physicians and surgeons, one member selected to represent [paramedical personnel] physician assistants

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

RSA 329:4 is repealed and reenacted to read as follows:

329:4 Appointment; Term; Removal.

I. The commissioner or the medical director of the department of health and human services

Amend RSA 329:16-e as inserted by section 8 of the bill by replacing line 3 with the following:

required to pay double the renewal fee. Any failure, neglect, or refusal on the part of any person

Amend RSA 329:17, IV as inserted by section 9 of the bill by replacing line 2 with the following:

ambulatory surgical center, or other health care facility within the state shall report to the board

Senator Pignatelli moved adoption.

2001-1788-EBA

08/01

Enrolled Bill Amendment to HB 764

The Committee on Enrolled Bills to which was referred HB 764

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 1 of the bill by replacing line 7 with the following:

paragraph shall not apply to law enforcement personnel or department of health and human

Senator Pignatelli moved.

2001-1774-EBA

06/10

Enrolled Bill Amendment to HB 584-FN-A

The Committee on Enrolled Bills to which was referred HB 584-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 amendment makes a typographical correction in section 1 and makes a technical correction in section 5 of the bill.

Enrolled Bill Amendment to HB 584-FN-A

Amend RSA 215-A:1, III-a, as inserted by section 1 of the bill by replacing line 2 with the following:

or demonstrates for sale vehicles on consignment to the general public. There shall be a rebuttable

Amend RSA 215-A:26, II as inserted by section 5 of the bill by replacing line 6 with the following:

used [by him] for rental. When renting OHRVs, any person shall be required to use rental [plates] decals, if

Senator Pignatelli moved adoption.

2001-1813-EBA

08/01

Enrolled Bill Amendment to HB 361

The Committee on Enrolled Bills to which was referred HB 361

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 grammatical corrections.

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

I. Investigate and make recommendations concerning staffing levels on each shift within

the department’s facilities.

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

IV. Study any other issue which the committee deems relevant to its purpose.

Senator Pignatelli moved adoption.

Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Tuesday, June,26, 2001, at 10:15 a.m.

Senator Hollingworth moved that the Senate now adjourn until Tuesday, June 26, 2001 at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator D'Allesandro led the Pledge of Allegiance.

Senator Disnard (Rule #44).

Senator Pignatelli (Rule #44).

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

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 judgements.

HB 152, 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, relative to the purchase of a wheelchair van for the veterans’ home in Tilton and making an appropriation therefor.

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

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

HB 186, establishing a pesticides training program.

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, changing the license requirement for operators collecting the meals and rooms tax and relative to a property tax exemption for the Woman’s Club of Concord.

HB 210, relative to the penalties for persons convicted of subsequent DWI offenses and correcting the ignition interlock program laws.

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

HB 265, prohibiting the sale of rolling papers to minors.

HB 275, relative to the expenditure of funds received pursuant to the Workforce Investment Act.

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

HB 296, relative to receiving stolen property.

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

HB 308, relative to administrative fees added to restitution payments.

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

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 453, establishing a 4-year term for the commissioner of the department of corrections.

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

HB 481, relative to access to certain communications common carrier records.

HB 493, exempting certain short term condominium unit owners’ association rentals from the New Hampshire real estate practice act.

HB 503, relative to incompatible offices.

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

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

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

HB 583, making certain changes to the underground utility damage prevention system.

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

HB 648, authorizing licensing of homeless youth programs.

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

HB 659, 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 719, relative to the removal of public officials for cause.

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

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

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

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

SB 84, relative to funeral processions.

SB 106, relative to consumers’ cooperative associations.

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

Senator Pignatelli moved adoption.

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

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

Senator Pignatelli moved adoption.

2001-1769-CofC

04/10

Committee of Conference Report on HB 354-FN-A-LOCAL, an act extending the kindergarten construction program.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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] 6-year period starting July 1, 1997, and ending June 30, [2002] 2003, 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; Availability of Funds Amended. Amend RSA 198:15-r, II to read as follows:

II. Nothing in this subdivision shall prohibit the inclusion of the site and related facilities that are not eligible for funding by the state under this subdivision as part of kindergarten construction costs from being included in a regular building aid funding request as provided in RSA 198:15-b. However, no school district which receives funding for a kindergarten construction project under this subdivision shall be eligible to receive school building aid under RSA 198:15-b for the same project.

3 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] $24,500,000 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. $2,000,000 in the fiscal year ending June 30, 2003.

4 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] $24,500,000 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) $2,000,000 in the fiscal year ending June 30, 2003.

5 Kindergarten Construction Program; Penalty Provision. If, within 20 years of the completion of kindergarten facilities constructed under the kindergarten construction program as set forth in RSA 198:15-r through 198:15-t, a school district or city maintaining a school department discontinues the kindergarten program or uses these classrooms for other than kindergarten, it shall be required to pay back to the state 100 percent of the kindergarten construction grant payments received under such program. Upon a showing of good cause by the school district, the commissioner of education may waive this penalty in whole or part on a case by case basis.

6 Repeal. The following are repealed:

I. RSA 198:15-s, II, relative to kindergarten construction grant eligibility for existing public kindergarten programs.

II. RSA 198:15-r through RSA 198:15-t, relative to the kindergarten construction program.

7 Effective Date.

I. Paragraph II of section 6 of this act shall take effect July 1, 2003.

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

The signatures below attest to the authenticity of this Report on HB 354-FN-A-LOCAL, an act extending the kindergarten construction program.

Sen. Gordon, Dist. 2 Rep. Weyler, Rock. 18

Sen. Disnard, Dist. 8 Rep. Mercer, Hills. 27

Sen. Boyce, Dist. 4 Rep. Thulander, Hills. 6

Rep. Foster, Hills. 10

2001-1769-CofC

AMENDED ANALYSIS

This bill extends the kindergarten construction program through the fiscal year ending June 30, 2003 and increases by $2,000,000 the amount of the bonded appropriation for the kindergarten construction program. The bill also removes eligibility for existing kindergarten programs, and repeals the kindergarten construction program in its entirety effective July 1, 2003.

Senator Gordon moved to nonconcur and discharge the Committee of Conference, and that we name a new 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 new Committee of Conference on the following entitled Bill:

HB 354, extending the kindergarten construction program.

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

2001-1847-CofC

05/09

Committee of Conference Report on HB 170-FN-A, an act repealing the legacies and succession tax.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Rate of Tax for Biennium Ending June 30, 2003; Intrastate and Interstate Communications Services Tax. Notwithstanding RSA 82-A:3 and RSA 82-A:4, for the period beginning July 1, 2001 and ending June 30, 2003, the rate of tax shall be 7 percent on the gross charge for communications services purchased at retail from a retailer.

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

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

3 New Section; Department of Resources and Economic Development; Travel and Tourism Development; Travel and Tourism Development Fund. Amend RSA 12-A by inserting after section 43 the following new section:

12-A:43-a Travel and Tourism Development Fund.

I. There is hereby established in the office of the state treasurer a fund to be known as the travel and tourism development fund. Any appropriations received shall be deposited in the fund. Moneys in the fund and any interest earned on the fund shall be used for the purpose of promoting and developing appropriate travel and tourism initiatives through the division of travel and tourism development and shall not be used for any other purpose. The director of travel and tourism development shall oversee expenditures from the fund. The moneys in the fund shall be non-lapsing and shall be continually appropriated to the department of resources and economic development.

II. The commissioner of resources and economic development shall prepare an annual report to be presented no later than December 1 of each year to the president of the senate, the speaker of the house of representatives, and the governor and council, and filed with the state library. The report shall detail the specific activities supported by, and expenditures from, the fund during the past year.

4 New Subparagraph; Travel and Tourism Development Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys received for deposit in the travel and tourism development fund established by RSA 12-A:43-a, I.

5 Retirement System; Definition of Employee. Amend RSA 100-A:1, V to read as follows:

V. "Employee" shall mean any regular classified or unclassified officer or employee of the state or any department, commission, institution or agency of the state government by which an employee is paid through the office of the state treasurer, or employees of the general court who work on a full-time basis and are eligible for other state benefits, but whose salary is calculated on a per diem basis or any employee of the retirement system or of any of the groups authorized to participate [in the retirement system] under this chapter but excluding any person who is a teacher, permanent policeman, or permanent fireman as defined in this section, or who is a member or attache of the general court or member of the executive council.

6 Retirement System; Administrative Cost Assessment. RSA 100-A:14, XIII is repealed and reenacted to read as follows:

XIII. Administrative Cost Assessment. Other provisions of law notwithstanding, the cost of administration of the retirement system as provided in this section shall be a charge upon the funds of the retirement system. The amount of administrative expense recorded monthly by the department of administrative service, division of accounting services, shall be paid to the state treasurer by the board of trustees. The board shall biennially review the administrative expenses for the previous biennium and shall submit in a budget for legislative appropriation, those amounts that the board, in its reasonable discretion, may deem necessary for the efficient operation of the system. Administrative balances accrued prior to June 30, 2001 shall be retained by the retirement system and expended for ongoing operations.

7 Retirement System; Management of Funds. Amend RSA 100-A:15, IV to read as follows:

IV. The board of trustees is authorized to engage the services of legal counsel for special investment, federal, and tax matters and[, with the approval of the attorney general,] to engage outside counsel for other matters. The payment for services provided in this paragraph shall be a charge upon the funds of the New Hampshire retirement system.

8 New Hampshire Retirement System; Payment by Retirement System-Group I; Amend RSA 100-A:52-a to read as follows:

100-A:52-a Payment by Retirement System; Group I [Teachers and Political Subdivision Employees].

I. The New Hampshire retirement system shall pay the cost for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits, in the employer-sponsored plan provided for active employees of a retiree’s former employer, subject to the provisions of this section, for the following persons:

(a) Any person, who has at least 20 years of creditable service as a group I member if age 60 or older, or at least 30 years of creditable service as a group I member if age 55-59, retired on or before July 1, 2004 as a group I [teacher member or political subdivision employee] member of the New Hampshire retirement system on service or ordinary disability retirement, provided that such person shall be entitled to retirement on the basis of group I creditable service, or any person retired on or before July 1, 2004, as a group I member whose service retirement benefit is based upon the provisions of RSA 100-A:19-c and who has a minimum of 20 years of creditable service as a group I member.

(b) Any person who has completed no less than 20 years of group I creditable service, but who for reasons other than retirement or death ceased to be a group I [teacher member or political subdivision employee] member prior to attaining the age of 60, and who, as of July 1, 2004, receives a vested deferred retirement allowance and who subsequently attains the age of 60.

(c) Any person who has completed no less than 20 years of group I creditable service and who retired as a group I [teacher member or political subdivision employee] member prior to age 60, and who subsequently attains the age of 60, or any person who has completed no less than 30 years of group I creditable service and who retired as a group I [teacher member or political subdivision employee] member prior to age 55, and who subsequently attains the age of 55.

(d) The surviving spouse of a deceased retired group I [teacher member or political subdivision employee] member who met the qualifications of subparagraphs (a), (b) or (c), or of a deceased member who died while in service as a group I [teacher member or political subdivision employee] member, provided that such surviving spouse was covered as the member’s spouse in the employer-sponsored plan before the member’s death and is entitled to a monthly allowance under RSA 100-A:8, 100-A:9, or 100-A:13.

(e) Any certifiably dependent child with a disability living in the household and being cared for by the qualified retired member, the member’s spouse, or the qualified surviving spouse.

(f) The surviving spouse and children of a deceased [teacher or] group I [political subdivision employee] member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:

(1) Any such child shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and

(2) Such surviving spouse shall cease to be qualified upon the remarriage of the surviving spouse; and

(3) No surviving spouse or child shall be qualified or continue to be qualified under this subparagraph while receiving or eligible to receive medical insurance or health care benefits from any employer’s sponsored plan.

(g) Any group I [teacher member or political subdivision employee] member retired on or before July 1, 2004 on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty.

(h) The spouse of a qualified retiree.

I-a. Notwithstanding the provision of RSA 100-A:4, III-b, for the purpose of calculating creditable service for eligibility for medical benefits payment under paragraph I, each full year of job-sharing service of a teacher in a job-sharing position shall be calculated at 1/2[;] of one year of such service credit.

II. However, for the fiscal year beginning July 1, 2000, the maximum amount payable by the retirement system under this subdivision on account of each person qualified under paragraph I who is not entitled to medicare benefits, and on account of each person qualified under paragraph I who is entitled to medicare benefits, shall be the same as the amount provided in RSA 100-A:52, II for group II retirees. As of July 1, 2000 and on each July 1 thereafter, the maximum amount payable by the retirement system as provided in this paragraph shall be increased by 8 percent, compounded on previous increases.

III. In the case of group I members retired from employment by political subdivisions of the state, the amount payable by the retirement system on account of qualified persons shall be paid over to the employer, insurer, or health care administrator and used to pay for all or part of the medical benefits provided through the former employer for qualified persons. If the cost of the premium for any eligible person under paragraph I shall exceed the maximum under paragraph II, and the employer does not elect to pay the excess cost, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The employer may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

IV. There shall be no age limit to participate in the employer sponsored medical and health plan provided in paragraph I, and there shall be no physical examination or health statement required for such coverage, provided, however, that if an eligible retired group I [teacher member or political subdivision employee] member of the retirement system fails to apply for such coverage within the time required by the insurance contract, the insurer may require satisfactory evidence of insurability as a condition for becoming insured.

V. Any group I teacher member retired before January 1, 2000, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member’s date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member’s former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2002. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer’s plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer’s group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.

VI. Any group I political subdivision employee member retired before January 1, 2001, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member’s date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member’s former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2003. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer’s plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer’s group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.

VII. The retirement system shall notify all group I teacher and political subdivision employee retirees and surviving spouse beneficiaries, who are currently drawing monthly allowances from the retirement system, of their possible right to re-join and active-employee medical insurance or health plan and to receive benefits under this section.

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

9 New Section; New Hampshire Retirement System; Method of Financing; Group I State Employees. Amend RSA 100-A by inserting after section 53-c the following new section:

100-A:53-d Method of Financing; Group I State Employees.

I. The benefits provided under RSA 100-A:52-a shall be provided by a 401(h) subtrust of the New Hampshire retirement system. The 401(h) subtrust shall be funded by allocating 25 percent of future group I state employer contributions made for group I state employees in accordance with RSA 100-A:16 to the subtrust until such time as the benefits are fully funded. Thereafter, the subtrust shall receive only that portion of each year’s contribution as is necessary to keep the benefits fully funded.

II. All contributions made to the retirement system to provide medical benefits under RSA 100-A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-a may be invested pursuant to the provisions of RSA 100-A:15.

10 New Paragraph; New Hampshire Retirement System; Medical Benefits; Application. Amend RSA 100-A:55 by inserting after paragraph I-b the following new paragraph:

I-c. It is the intent of the legislature that future group I state employee members eligible after July 1, 2004 shall be included under the provisions of RSA 100-A:52-a only if the total cost of such inclusion can be terminally funded from the special account established in RSA 100-A:16, II (h).

11 Defense and Indemnification. Amend RSA 99-D:2 to read as follows:

99-D:2 Defense and Indemnification. If any claim is made or any civil action is commenced against a present or former officer, trustee, official, or employee of the state or any agency thereof, including members of the New Hampshire national guard and any justice of the district, municipal, probate, superior, or supreme court, or the clerks or bail commissioners thereof, or any harbor master appointed by the New Hampshire port authority, or officials and employees of the New Hampshire housing finance authority, or directors, officers, and employees of the Pease development authority, or directors, officers, and employees of the land and community heritage investment authority seeking equitable relief or claiming damages for the negligent or wrongful acts and the officer, trustee, official, or employee requests the state to provide representation for him or her, and the attorney general, or, in the case of a claim or civil action commenced against the attorney general, the governor and council, determines that the acts complained of were committed by the officer, trustee, official, or employee while acting within the scope of official duty for the state and that such acts were not wanton or reckless, the attorney general shall represent and defend such person with respect to such claim or throughout such action, or shall retain outside counsel to represent or defend such person, and the state shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the state shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from the claim or suit. The attorney general or governor and council shall not be required to consider the request of such person that representation be provided for him or her unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading [he] the person shall deliver the original or a copy thereof to the attorney general or, in the case of an action against the attorney general, to the governor and council. As a condition to the continued representation by the attorney general and to the obligation of the state to indemnify and hold harmless, such officer, trustee, official, or employee shall cooperate with the attorney general in the defense of such claim or civil action. No property either real or personal of the state of New Hampshire shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the state created under this chapter. Upon the entry of final judgment in any action brought under this chapter, the governor shall draw [his] a warrant for said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated. The attorney general shall have the authority to settle any claim brought under this chapter by compromise and the amount of any such settlement shall be paid as if the amount were awarded as a judgment under this chapter. Indemnification by the state under this section shall be for the actual amount of costs, damages, awards, judgments, or settlements personally incurred by any such officer, trustee, official, or employee, and the state shall not pay any amounts for which payment is the obligation of any insurance carrier or company under a policy or policies of insurance or any other third party under a similar obligation.

12 New Subparagraphs; Additional Powers and Duties. Amend RSA 227-M:5, VIII by inserting after subparagraph (c) the following new subparagraphs:

(d) Employ or retain as independent contractors architects, engineers, attorneys, accountants, and other advisors and employees, consultants, and agents as may be necessary in its judgment without regard to any personnel or civil service law of the state to prescribe their duties and qualifications and to fix and pay their compensation if any.

(e) Appoint qualified individuals to serve as unpaid volunteers under such terms and conditions as it deems necessary. Said volunteers or advisors may be paid a stipend and/or reimbursed for any incidental expenses determined by the authority to be necessary and incurred while performing the business of the authority.

13 New Section; Administrative Fund Established. Amend RSA 227-M by inserting after section 7 the following new section:

227-M:7-a Administrative Fund.

I. There is established in the office of the state treasurer a fund to be known as the land and community heritage investment program administrative fund into which the state treasurer shall credit any revenue generated pursuant to RSA 261:97-b, I-a. For the biennium ending June 30, 2003 there shall also be deposited, on a monthly basis, interest income generated on appropriations made to the land and community heritage investment program trust fund pursuant to RSA 227-M:7. The total revenues generated to the administrative fund from these 2 sources for each year of said biennium shall not exceed $335,000.

II. All sums so credited shall be appropriated to the authority for the following purposes:

(a) To pay the costs of administering and operating the authority, including, but not limited to, all wages, salaries, benefits, and other expenses authorized by the board or the executive director. The authority may enter into a contract or agreement for provision of services to withhold on a monthly basis all payroll and benefit costs for employees.

(b) In general for the payment of all expenses incident to the management and operation of the authority as are consistent with its statutory purpose and as the board or the executive director thereof may from time to time determine.

III. This fund shall constitute a continuing appropriation for the benefit of the authority. Any amount remaining to the credit of the authority at the close of any fiscal year, and any interest accrued, shall be nonlapsing and shall be carried over and credited to the fund for the succeeding year.

14 New Section; Land and Community Heritage Investment Program; Authority Employees. Amend RSA 227-M by inserting after section 6 the following new section:

227-M:6-a Status of Employees.

I. The authority may hire, fix and pay compensation, prescribe duties and qualifications, and establish personnel policies without regard to any personnel or civil service law or personnel or civil service rule of the state. The employees of the authority shall not be classified employees of the state within the meaning of RSA 21-I:49. Any individual employed by the authority shall be deemed an employee at will and shall serve at the pleasure of the authority.

II. Notwithstanding the provisions of paragraph I, any individual employed by the authority whose employment calls for 30 hours or more work in a normal calendar week, and whose position is anticipated to have a duration of 6 months or more, shall be entitled to elect to receive such health, dental, life insurance, deferred compensation, and retirement benefits as are afforded to classified employees of the state provided, however, that the election is made in writing within 30 days of the start of employment. Upon election by such individual, the authority shall pay from its revenues the state’s share of such benefits. Any remaining costs of health, dental, life insurance, deferred compensation, and retirement benefits which an individual elects to receive pursuant to this section, shall be withheld from such individual’s salary as a payroll deduction. Written notice of the availability of these benefit options shall be provided to each individual upon employment by the authority.

15 New Paragraph; Department of Resources and Economic Development; Telecommunications Planning and Development Initiative; Initial Funding; Appropriation Nonlapsing. Amend 2000, 298:5 by inserting after paragraph IV the following new paragraph:

V. The initial funding mechanism and the appropriation made pursuant to this section shall not lapse until June 30, 2003.

16 Authority to Fill Unfunded Positions; Department of Health and Human Services. Notwithstanding any other provision of law, the commissioner of the department of health and human services may fill any authorized unfunded positions during the biennium ending June 30, 2003, provided that the total expenditures shall not exceed the amount appropriated for personal services, permanent and personal services, unclassified.

17 Certain Tobacco Use Prevention Fund Moneys; General Fund. Notwithstanding any provision of law to the contrary, $1,500,000 from the tobacco use prevention fund, established in RSA 126-K:15, shall lapse to the general fund on July 1, 2001.

18 Education Property Tax; Rate Amended. 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] $5.80 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.

19 Business Profits Tax; Rate of Tax Amended. Amend RSA 77-A:2 to read as follows:

77-A:2 Imposition of Tax. A tax is imposed at the rate of [8] 8.5 percent upon the taxable business profits of every business organization.

20 Business Profits Tax; Distribution of Funds Amended. Amend RSA 77-A:20-a, I to read as follows:

I. The commissioner shall determine the additional amounts of revenue produced by an increase of [one] 1.5 percent in the rate of tax imposed by RSA 77-A:2 for each fiscal year and shall certify such amounts to the state treasurer by October 1 of that year for deposit in the education trust fund established by RSA 198:39.

21 Business Enterprise Tax; Rate Increase. Amend RSA 77-E:2 to read as follows:

77-E:2 Imposition of Tax. A tax is imposed at the rate of [1/2] 3/4 of one percent upon the taxable enterprise value tax base of every business enterprise. [A 2/3 majority of those present and voting of each house of the general court shall be necessary to increase the tax rate under this section.]

22 Business Enterprise Tax; Returns; Filing Thresholds Amended. Amend RSA 77-E:5, I to read as follows:

I. Every business enterprise having gross business receipts in excess of [$100,000] $150,000 as defined by RSA 77-E:1, X, during the taxable period or the enterprise value tax base of which is greater than [$50,000] $75,000, shall, on or before the fifteenth day of the third month in the case of enterprises required to file a United States corporation tax return, and the fifteenth day of the fourth month in the case of all other business enterprises, following expiration of its taxable period, make a return to the commissioner. All returns shall be signed by the business enterprise or by its authorized representative, subject to the pains and penalties of perjury and the penalties provided in RSA 21-J:39.

23 Business Enterprise Tax; Distribution of Funds Amended. Amend RSA 77-E:14, I to read as follows:

I. The commissioner shall determine the additional amounts of revenue produced by an increase of [.25] .50 percent in the rate of tax imposed by RSA 77-E:2 for each fiscal year and shall certify such amounts to the state treasurer by October 1 of that year for deposit in the education trust fund established by RSA 198:39.

24 Tax on Transfer of Real Property; Declaration of Consideration Amended. Amend RSA 78-B:10, III (a) to read as follows:

(a) Transfers exempted by RSA 78-B:2, except transfers exempted by RSA 78-B:2, IX[, XIV, and XVII].

25 Imposition of Tax; Intrastate Communications Services; Rate Changed. Amend RSA 82-A:3 to read as follows:

82-A:3 Imposition of Tax; Intrastate Communications Services. A tax is imposed upon intrastate communications services furnished to a person in this state and purchased at retail from a retailer by such person, at the rate of [3] 4.5 percent of the gross charge therefor. However, such tax is not imposed on any communications services to the extent a tax on such services may not, under the Constitution and statutes of the United States, be made the subject of taxation by the state.

26 Imposition of Tax; Interstate Communications Services; Rate Changed. Amend RSA 82-A:4 to read as follows:

82-A:4 Imposition of Tax; Interstate Communications Services. A tax is imposed upon interstate communications services furnished to a person in this state and purchased at retail from a retailer by such person, at the rate of [3] 4.5 percent of the gross charge when such service is originated in this state and terminated outside this state or originated outside this state and terminated in this state. To prevent actual multi-state taxation of communications services that are subject to taxation under this section, any taxpayer, upon proof that that taxpayer has paid a tax in another state on such services, shall be allowed a credit against the tax imposed in this section to the extent of the amount of such tax properly due and paid in such other state. However, such tax is not imposed on communications services to the extent such services may not, under the Constitution and statutes of the United States, be made the subject of taxation by the state.

27 Repeal. The following are repealed:

I. RSA 78-B:2, XIV, relative to the exception from the tax on transfer of real property for transfers of title pursuant to a merger, consolidation or other reorganization qualifying as a tax-free reorganization.

II. RSA 78-B:2, XVII, relative to the exception from the tax on transfer of real property for transfers of title from certain entities.

28 Applicability. Sections 19 and 21 of this act shall apply to returns and taxes due on account of taxable periods ending on or after July 1, 2001. In the case of any business organization or enterprise which has elected a 52-53 week taxable period under section 441(f) of the United States Internal Revenue Code and the fiscal year of which ends on the last day of the week nearest to June 30, 2001, the taxable period shall be deemed to have ended on June 30, 2001, for the purposes of this act.

29 Tax Amnesty. Notwithstanding the provisions of any other law, with respect to taxes administered by the department of revenue administration, an amnesty from the assessment or payment of all penalties and interest greater than 7 percent per annum shall apply with respect to unpaid taxes reported and paid in full during the period from December 1, 2001, through and including February 15, 2002, regardless of whether previously assessed. This amnesty shall only apply to taxes due but unpaid on or before February 15, 2002.

30 New Subparagraph; Purchase of Supplies; Exemptions; Assessing Enforcement Contractors. Amend RSA 21-I:18, I by inserting after subparagraph (l) the following new subparagraph:

(m) Purchases of services from private contractors by the department of revenue administration with respect to the establishment of assessing enforcement procedures.

31 New Section; Department of Revenue Administration; Division of Community Services Established. Amend RSA 21-J by inserting after section 10 the following new section:

21-J:10-a Division of Community Services. There is established within the department the division of community services, under the supervision of an unclassified director of community services who shall be responsible for providing technical support and assistance to municipalities.

32 Compensation of State Officers; Salaries Established; Director of Community Services. Amend RSA 94:1-a, I by inserting in group M the following:

Director, community services

33 Authority to Establish Positions; Department of Revenue Administration. Notwithstanding any other provision of law, the commissioner of the department of revenue administration is authorized to establish positions necessary to implement assessing enforcement procedures.

34 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.]

35 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.

36 Alternative Kindergarten Programs. Amend RSA 198:48-a, VII(a) to read as follows:

VII. (a) Upon the effective date of this paragraph, and for each fiscal year through June 30, 2003, an adequate education grant of [$750] $1200 per pupil shall be distributed to school districts, from the education trust fund created in RSA 198:39, for the education of its resident kindergarten pupils enrolled in an approved alternative kindergarten program established under this section.

37 Public Kindergarten Programs; Per Pupil Reimbursement. Amend 1999, 65:9, I(a) as amended by 2000, 289:2 to read as follows:

I.(a) If a school district implements a public kindergarten program during school year [1998-1999] 1999-2000 through school year 2002-2003 inclusive, the school district maintaining such a kindergarten program shall receive reimbursement at the rate of [$750] $1200 per pupil from the education trust fund created in RSA 198:39 for each fiscal year through June 30, 2003.

38 Lapse Date Extended to June 30, 2003. The appropriation made to the department of administrative services, division of plant and property management, bureau of general services in 1999, 226:1, II, A, 8 for executive/legislative budget system is hereby extended to June 30, 2003.

39 Committee to Study the Development of a New Budget System.

I. There is established a committee to study the development of a new budget system.

II.(a) The members of the committee shall be as follows:

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

(2) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The committee shall study the development of a new budget system. The committee shall coordinate its activities with the department of administrative services and the legislative budget assistant.

IV. 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 senate 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.

V. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.

40 Budget System Appropriation; Availability. The department of administrative services shall make the appropriation made to the department of administrative services, division of plant and property management, bureau of general services in 1999, 226:1, II, A, 8 for executive/legislative budget available to the committee to study the development of a new budget system established by this act.

41 Revenue Stabilization Reserve Account; Distribution Amended. Amend RSA 9:13-e, II to read as follows:

II. There is hereby established within the general fund general ledger a revenue stabilization reserve account. At the close of the fiscal biennium ending June 30, 2001, and at the close of each fiscal biennium thereafter, any surplus, as determined by the official audit performed pursuant to RSA 21-I:8, I(h) shall be transferred by the comptroller [in the following manner: 50 percent] to a special nonlapsing revenue stabilization reserve account [and 50 percent to the health care fund established pursuant to RSA 167:70]; provided, however, that in any single fiscal year the total of such [transfers] transfer shall not exceed 1/2 of the total potential maximum [balances] balance allowable under paragraph V [and RSA 167:74, III]. The comptroller is hereby directed to establish the revenue stabilization reserve account in which to deposit any money received from a general fund operating budget surplus. The state treasurer shall invest funds in this account as authorized by RSA 6:8. The interest so earned shall be deposited as unrestricted general fund revenue.

42 Education Trust Fund Budget Deficit; Transfer of Funds. In the event of an education trust fund budget deficit at the close of the fiscal biennium ending June 30, 2001 as determined by the official audit performed pursuant to RSA 21-I:8, I(h), the comptroller shall notify the fiscal committee and the governor of such deficit and request that sufficient funds, to the extent available, be transferred from the general fund operating surplus to eliminate such deficit.

43 Additional Revenues; Department of Health and Human Services. Notwithstanding any provision of the law to the contrary, the legislative fiscal committee and the governor and council may authorize the commissioner of the department of health and human services to accept and expend additional revenues, in excess of or in addition to the budgeted amounts, from any source, which become available to the department. Such additional revenues shall be available to the department of health and human services to supplement funds in the following programs and services: provider payments, provider rate increases, and any other program or service that requires deficit reduction or for which revenue has been specifically obtained to improve program operations, provided that such improvements do not increase legislatively-approved eligibility levels. The legislature recognizes the importance of emergency medical transportation of Medicaid patients. In establishing priorities for the expenditure of these supplemental funds, the legislature expects the department to give important provider payment consideration to the municipal and private emergency medical services providers.

44 Repeal. 1999, 225:45, relative to reports of productivity gains from investments in information technology, is repealed.

45 Postsecondary Education Commission; Granite State Scholars; Appropriations for Fiscal Years 2002 and 2003.

I. Notwithstanding any provision of RSA 188-D to the contrary, the postsecondary education commission shall expend funds appropriated for fiscal years 2002 and 2003 to PAU 06, 01, 01, 95 either for scholarships to students qualifying for granite state scholar designation or to match gifts and contributions to participating institutions for purposes of the granite state scholars program.

II. To the extent the postsecondary education commission elects to expend the appropriations for scholarships, the commission shall award scholarships directly to students qualifying for granite state scholar designation under RSA 188-D:39, I. The commission shall adopt rules under RSA 188-D:8-a, III for awarding the scholarships.

III. To the extent the postsecondary education commission elects to expend the appropriations to match gifts and contributions to participating institutions for purposes of the granite state scholars program, the commission shall, notwithstanding RSA 188-D:41, provide a match of up to 100 percent of each gift and contribution. In addition, a participating institution shall, in the year following the receipt of the state match, disburse as scholarships to granite state scholars an amount equal to ½ of the state match received by the institution.

46 Maintenance of Funds Collected Pursuant to Electric Utility Restructuring Orders; Plans for Administration. Amend RSA 6:12-b to read as follows:

6:12-b Maintenance of Funds Collected Pursuant to Electric Utility Restructuring Orders. On request of the public utilities commission, the state treasurer shall maintain custody over funds collected by order of the public utilities commission consisting of only that portion of the system benefits charge directly attributable to programs for low income customers as described in RSA 374-F:4, VIII(c). All funds received by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with terms and conditions established by the public utilities commission. Plans for the administration of such funds shall be approved by the fiscal committee of the general court and the governor and council prior to submission to the public utilities commission. Appropriations and expenditures of such funds in fiscal years 2002 and 2003 shall be approved by the fiscal committee of the general court and the governor and council prior to submission to the public utilities commission. For each biennium thereafter, appropriations and expenditures of such funds shall be made through the biennial operating budget.

47 Rehiring; Laid-Off State Employees. The provisions of 1990, 261:1, as amended by 1991, 4:10 and 355:103, relative to rehiring of laid-off state employees, shall apply to any person laid-off between July 1, 2001, and June 30, 2003, as a result of any state law, regardless of the funding source for the person's position. The head of each department or agency shall submit the names and classification of individuals laid-off from July 1, 2001, to June 30, 2003, to the director of the division of personnel within 10 days of the layoff.

48 Longevity Payment Authorized; Department of Health and Human Services. Notwithstanding any provision of law to the contrary, payment is hereby authorized in the amount of $3,000 for longevity to position 9U201, deputy commissioner, department of health and human services for the years 1994 through 1999. Funding for the longevity payment shall be from appropriations made to the department of health and human services in the 2000-2001 operating budget for positions which are not filled.

49 Commissioner of Health and Human Services; Authority to Establish Positions. For the biennium ending June 30, 2003, the commissioner of health and human services may exercise the authority granted by RSA 126-A:9, II(a) as necessary to support and carry out the purposes of any laws enacted to transfer the youth development center and the youth services center to the department of health and human services and to establish a juvenile justice services unit within the department. The commissioner may establish up to 3 positions pursuant to the authority granted by this section; the establishment of any additional position by the commissioner pursuant to the authority granted by this section shall require the approval of the fiscal committee of the general court.

50 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.

51 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.

52 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.

53 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.

54 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.

55 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.

56 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. The assessing standards board shall study and recommend to the legislature whether municipalities should be reimbursed for expenses incurred as a result of changes in assessment practices resulting from legislation enacted in response to the judicial interpretation of part 2, article 6 of the New Hampshire constitution in Evelyn Sirrell et al v State of New Hampshire et al and, if reimbursement is appropriate, shall recommend a formula for implementation of a reimbursement program.

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.

57 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.

58 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.

59 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.

60 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.]

61 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).

62 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.

63 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 section, 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.

64 Contingency. If SB 193 of the 2001 legislative session becomes law, then section 60 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 61 of this act shall take effect at 12:01 on the effective date of section 2 of SB 193. If SB 193 of the 2001 legislative session becomes law, then section 62 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 60-62 of this act shall not take effect.

66 Applicability. Section 65 of this act shall apply only to estates established as the result of deaths occurring on or after January 1, 2003.

67 Lease Agreement Required; Pease Development Authority; Department of Regional Community-Technical Colleges. The department of regional community-technical colleges and Pease development authority shall enter into a lease agreement in which the department shall occupy the first floor, consisting of 71,243 square feet, of 320 Corporate Drive in Portsmouth. In exchange, the state shall reduce by $1,068,644 per year, starting with the commencement of the lease on July 1, 2001, Pease development authority’s debt owed to the state relative to start-up funding costs under RSA 12-G:27-b through 12-G:27-d; 1991, 355:110, as amended by 1992, 260:11; 1992, 260:12, as amended by 1993, 358:3; 1994, 415:1; and 1995, 307:10. The lease term shall be 2 years or until such time as the debt owed to the state relative to the authority’s start-up funding costs has been exhausted. The lease may be extended subject to the approval of the capital budget overview committee and the governor and council.

68 Department of Resources and Economic Development. Amend section 1 of HB 25-FN-A of the 2001 legislative session by replacing paragraph XI, D and the total state appropriation paragraph XI with the following:

D. Cannon Mt. Aerial Tram-Upgrade Drive & Control Sys. 995,000

Less Park Fund -995,000

Net state appropriation subparagraph D 0

Total state appropriation paragraph XI $982,200

The project for which sums are appropriated in subparagraph XI, D for Cannon Mountain aerial tram, upgrade drive and control system, may be done on a force account basis by the department of resources and economic development as provided in RSA 228:4, I(c), notwithstanding the dollar limit for such projects provided in RSA 228:4, I(c).

69 Investor Education Fund. Amend RSA 421-B:21, II-c to read as follows:

II-c. The state treasurer shall pay the expenses of investor education conducted pursuant to RSA 421-B:26, IV out of the investor education fund consisting of the funds collected pursuant to RSA 421-B:26, I, II, and III. The investor education fund shall be nonlapsing and continually appropriated for the purpose of paying the expenses of investor education, except that, as provided in RSA 421-B:26, IV, the fund shall at no time exceed [$800,000] $725,000.

70 Administrative Penalty; Investor Education Funds. Amend RSA 421-B:26, IV to read as follows:

IV. All moneys collected as an administrative penalty under this chapter and all moneys collected pursuant to RSA 421-B:31, I(h) shall be credited to an investor education fund to be maintained by the state treasurer. Funds in excess of [$800,000] $725,000 at the end of each fiscal year shall be credited to the general fund. The secretary of state, after deducting administrative costs, shall use moneys credited to that fund to provide information to residents of this state about investments in securities, to help investors and potential investors evaluate their investment decisions, protect themselves from unfair, inequitable, or fraudulent offerings, choose their broker-dealers, agents, or investment advisers more carefully, be alert for false or misleading advertising or other harmful practices, and know their rights as investors.

71 Penalties for Failure to Pay. Amend RSA 21-J:33, I to read as follows:

I. If the failure to pay is not due to [willful neglect or intentional disregard of laws or rules, but without intent to defraud] fraud, the penalty shall be equal to 10 percent of the amount of the nonpayment or underpayment. This penalty shall not be applied in any case in which the failure to pay was due to reasonable cause and not willful neglect of the taxpayer.

72 New Subparagraph; Business Profits Tax; Definition of United States Internal Revenue Code. Amend RSA 77-A:1, XX by inserting after subparagraph (k) the following new subparagraph:

(l) For all tax years beginning after January 1, 2000, the United States Internal Revenue Code of 1986 in effect on December 31, 2000.

73 Appropriation; Community-Technical College System; Computer System Upgrades – Claremont. Amend 2001, HB 25-FN-A by inserting in paragraph IV of section 1 the following:

I. Construction of Networking Windows NT/2000 Lab* 350,000

74 Total Adjusted. 2001, HB 25-FN-A, 1, IV, total state appropriation paragraph IV, is repealed and reenacted to read as follows:

Total state appropriation paragraph IV $ 3,794,850

75 Total Adjusted. 2001, HB 25-FN-A, 1, total state appropriation section 1, is repealed and reenacted to read as follows:

Total state appropriation section 1 $54,571,200

76 Bond Authorized; Total Adjusted. 2001, HB 25-FN-A, 8, I, is repealed and reenacted to read as follows:

I. To provide funds for the total of the appropriations of state funds made in sections 1, 3, and 4 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $72,651,700 and for said purposes may issue bonds and notes in the names and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.

77 Retirement System; Administration. Amend RSA 100-A:14, V to read as follows:

V. The board of trustees [may] shall have the full power to employ and compensate such classified employees on such terms as may be necessary as charges upon the funds of the retirement system. It may also engage such actuarial, medical, and like services as may be required to transact the business of the system. The compensation for such special services, and all other expenses of the board necessary, hereto, shall be paid at such rates and in such amounts as the board shall approve.

78 Retirement System; Executive Director. Amend RSA 100-A:44 to read as follows:

100-A:44 Appointment; Removal. The board of trustees of the retirement system shall have the full power to appoint and compensate an executive director [who shall hold office during good behavior. The board may remove the executive director for cause] to perform such duties on such terms as it may require.

79 Executive Director Salary; Director of Finance. Amend RSA 100-A:47 and 47-a to read as follows:

100-A:47 Salary. The annual salary of the executive director shall be [that prescribed by RSA 94:1-4] set at such rates as the board of trustees may deem necessary to attract and retain a suitably qualified individual.

100-A:47-a Appointment; Duties; and Compensation. The executive director of the retirement system shall nominate a director of finance for appointment by the board of trustees. The director of finance shall assist the board of trustees in the management of retirement system funds. The director of finance shall report directly to the board of trustees or to a person or persons designated by the board and shall serve at their pleasure. The director of finance shall be qualified to hold the position by reason of education and experience. The annual salary for the director of finance shall be [that prescribed by RSA 94:1-a, I, Group M] set at such rates as the board of trustees may deem necessary in order to attract and retain a suitably qualified individual.

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

Low and Moderate Income Homeowners Property Tax Relief

198:56 Definitions. In this subdivision:

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

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

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

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

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

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

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

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

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

198:57 Low and Moderate Income Homeowners Property Tax Relief.

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

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

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

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

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

(c) Realizes total household income of:

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

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

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

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

(b) Multiply $100,000 by the most current local equalization ratio as determined by the department of revenue administration;

(c) Multiply the lesser of the amount determined in subparagraph (a) or (b) by the current state education property tax rate as shown on the tax bill under RSA 76:11-a;

(d) Multiply the product of the calculation in subparagraph (c) by the following percentage as applicable to determine the amount of tax relief available to the claimant:

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

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

(B) $12,500 but less than $15,000, 60 percent;

(C) $15,000 but less than $17,500, 40 percent; or

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

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

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

(B) $25,000 but less than $30,000, 60 percent;

(C) $30,000 but less than $35,000, 40 percent; or

(D) $35,000 but less than or equal to $40,000, 20 percent.

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

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

VI. Complete applications for state tax relief shall be filed with the department of revenue administration between May 1 and June 30 following the due date of the final tax bill as defined in RSA 76:1-a for state education property taxes. If an otherwise qualified claimant shall satisfy the commissioner that such claimant was prevented by accident, mistake, or misfortune from filing a complete application on or before June 30, the commissioner may receive the complete application at a later date and grant the relief for that tax year.

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

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

198:58 Rulemaking; Forms; Notice.

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

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

III. Claim forms shall include the following:

(a) Instructions on completing and filing the form;

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

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

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

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

198:59 Penalties; Assessment of Erroneous Claims.

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

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

198:60 Appeals.

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

II. The board of tax and land appeals may reverse or affirm, in whole or in part, or modify the decision appealed from when there is an error of law or when the board finds the commissioner’s action to be arbitrary or unreasonable.

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

81 Education Property Tax Hardship Relief; Repeal Date Changed. Amend 1999, 338:25, II to read as follows:

II. Section 22 of this act shall take effect July 1, [2003] 2002.

82 Repeal. RSA 198:50-55, relative to education property tax hardship relief, is repealed.

83 Department of Administrative Services; Purchase of Supplies; Exemptions. Amend RSA 21-I:18, I(l) to read as follows:

(l) Purchases of services from private contractors by the department of revenue administration with respect to the administration of [education property tax hardship relief] low and moderate income homeowners property tax relief claims [under RSA 198:50-55].

84 Repeal of Prospective Repeals of Education Property Tax and Adequate Education Grant Determination Provisions. The following are repealed:

I. 1999, 338:21, relative to the repeal of RSA 76:3, RSA 198:40, and RSA 198:41.

II. 1999, 338:25, I, relative to the effective date of 1999, 338:21.

85 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.

86 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.

87 Classified Salaries; December 28, 2001. RSA 99:1-a is repealed and reenacted to read as follows:

99:1-a Salaries Established. The salary ranges for all classified state employees commencing December 28, 2001, shall be established as follows:

Step 01 Step 02 Step 03 Step 04 Step 05 Step 06 Step 07 Step 08

1 14,839.50 15,268.50 15,717.00 16,185.00 16,692.00 17,218.50 17,706.00 18,213.00

2 15,268.50 15,717.00 16,185.00 16,692.00 17,218.50 17,706.00 18,213.00 18,759.00

3 15,717.00 16,185.00 16,692.00 17,218.50 17,706.00 18,213.00 18,759.00 19,344.00

4 16,185.00 16,692.00 17,218.50 17,706.00 18,213.00 18,759.00 19,344.00 20,728.50

5 16,692.00 17,218.50 17,706.00 18,213.00 18,759.00 19,344.00 20,728.50 21,528.00

6 17,218.50 17,706.00 18,213.00 18,759.00 19,344.00 20,728.50 21,528.00 22,366.50

7 17,706.00 18,369.00 19,149.00 19,929.00 20,728.50 21,528.00 22,366.50 23,322.00

8 18,369.00 19,149.00 19,929.00 20,728.50 21,528.00 22,366.50 23,322.00 24,238.50

9 19,149.00 19,929.00 20,728.50 21,528.00 22,366.50 23,322.00 24,238.50 25,213.50

10 19,929.00 20,728.50 21,528.00 22,366.50 23,322.00 24,238.50 25,213.50 26,227.50

11 20,728.50 21,528.00 22,366.50 23,322.00 24,238.50 25,213.50 26,227.50 27,319.50

12 21,528.00 22,366.50 23,322.00 24,238.50 25,213.50 26,227.50 27,319.50 28,587.00

13 22,366.50 23,322.00 24,238.50 25,213.50 26,227.50 27,319.50 28,587.00 29,776.50

14 23,322.00 24,238.50 25,213.50 26,227.50 27,319.50 28,587.00 29,776.50 31,102.50

15 24,238.50 25,291.50 26,344.50 27,456.00 28,587.00 29,776.50 31,102.50 32,409.00

16 25,291.50 26,344.50 27,456.00 28,587.00 29,776.50 31,102.50 32,409.00 33,832.50

17 26,344.50 27,456.00 28,587.00 29,776.50 31,102.50 32,409.00 33,832.50 35,256.00

18 27,456.00 28,587.00 29,776.50 31,102.50 32,409.00 33,832.50 35,256.00 36,777.00

19 28,587.00 29,776.50 31,102.50 32,409.00 33,832.50 35,256.00 36,777.00 38,356.50

20 29,776.50 31,102.50 32,409.00 33,832.50 35,256.00 36,777.00 38,356.50 40,365.00

21 31,102.50 32,409.00 33,832.50 35,256.00 36,777.00 38,356.50 40,365.00 42,159.00

22 32,409.00 33,832.50 35,256.00 36,777.00 38,356.50 40,365.00 42,159.00 44,050.50

23 33,832.50 35,334.00 36,933.00 38,610.00 40,365.00 42,159.00 44,050.50 46,059.00

24 35,334.00 36,933.00 38,610.00 40,365.00 42,159.00 44,050.50 46,059.00 48,126.00

25 36,933.00 38,610.00 40,365.00 42,159.00 44,050.50 46,059.00 48,126.00 50,290.50

26 38,610.00 40,365.00 42,159.00 44,050.50 46,059.00 48,126.00 50,290.50 52,533.00

27 40,365.00 42,159.00 44,050.50 46,059.00 48,126.00 50,290.50 52,533.00 54,931.50

28 42,159.00 44,050.50 46,059.00 48,126.00 50,290.50 52,533.00 54,931.50 57,934.50

29 44,050.50 46,059.00 48,126.00 50,290.50 52,533.00 54,931.50 57,934.50 60,703.50

30 46,059.00 48,126.00 50,290.50 52,533.00 54,931.50 57,934.50 60,703.50 63,550.50

31 48,126.00 50,407.50 52,845.00 55,263.00 57,934.50 60,703.50 63,550.50 66,592.50

32 50,407.50 52,845.00 55,263.00 57,934.50 60,703.50 63,550.50 66,592.50 69,634.50

33 52,845.00 55,263.00 57,934.50 60,703.50 63,550.50 66,592.50 69,634.50 72,676.50

34 55,263.00 57,934.50 60,703.50 63,550.50 66,592.50 69,634.50 72,676.50 75,718.50

35 57,934.50 60,703.50 63,550.50 66,592.50 69,634.50 72,676.50 75,718.50 78,760.50

The salary ranges provided herein for academic positions shall apply to those state employees in academic positions who work for an academic year which does not exceed 180 working days. Those academic employees working more than an academic year shall receive a pro rata increase in their salary based upon the number of additional working days per year. The intent of this section is to adjust the salaries of employees in academic positions. It is not intended to cause changes in academic work schedules.

88 Classified Salaries; December 27, 2002. RSA 99:1-a is repealed and reenacted to read as follows:

99:1-a Salaries Established. The salary ranges for all classified employees commencing December 27, 2002 shall be established as follows:

Step 01 Step 02 Step 03 Step 04 Step 05 Step 06 Step 07 Step 08

1 15,132.00 15,580.50 16,029.00 16,516.50 17,023.50 17,569.50 18,057.00 18,583.50

2 15,580.50 16,029.00 16,516.50 17,023.50 17,569.50 18,057.00 18,583.50 19,129.50

3 16,029.00 16,516.50 17,023.50 17,569.50 18,057.00 18,583.50 19,129.50 19,734.00

4 16,516.50 17,023.50 17,569.50 18,057.00 18,583.50 19,129.50 19,734.00 21,138.00

5 17,023.50 17,569.50 18,057.00 18,583.50 19,129.50 19,734.00 21,138.00 21,957.00

6 17,569.50 18,057.00 18,583.50 19,129.50 19,734.00 21,138.00 21,957.00 22,815.00

7 18,057.00 18,739.50 19,539.00 20,319.00 21,138.00 21,957.00 22,815.00 23,790.00

8 18,739.50 19,539.00 20,319.00 21,138.00 21,957.00 22,815.00 23,790.00 24,726.00

9 19,539.00 20,319.00 21,138.00 21,957.00 22,815.00 23,790.00 24,726.00 25,720.50

10 20,319.00 21,138.00 21,957.00 22,815.00 23,790.00 24,726.00 25,720.50 26,754.00

11 21,138.00 21,957.00 22,815.00 23,790.00 24,726.00 25,720.50 26,754.00 27,865.50

12 21,957.00 22,815.00 23,790.00 24,726.00 25,720.50 26,754.00 27,865.50 29,152.50

13 22,815.00 23,790.00 24,726.00 25,720.50 26,754.00 27,865.50 29,152.50 30,381.00

14 23,790.00 24,726.00 25,720.50 26,754.00 27,865.50 29,152.50 30,381.00 31,726.50

15 24,726.00 25,798.50 26,871.00 28,002.00 29,152.50 30,381.00 31,726.50 33,052.50

16 25,798.50 26,871.00 28,002.00 29,152.50 30,381.00 31,726.50 33,052.50 34,515.00

17 26,871.00 28,002.00 29,152.50 30,381.00 31,726.50 33,052.50 34,515.00 35,958.00

18 28,002.00 29,152.50 30,381.00 31,726.50 33,052.50 34,515.00 35,958.00 37,518.00

19 29,152.50 30,381.00 31,726.50 33,052.50 34,515.00 35,958.00 37,518.00 39,117.00

20 30,381.00 31,726.50 33,052.50 34,515.00 35,958.00 37,518.00 39,117.00 41,164.50

21 31,726.50 33,052.50 34,515.00 35,958.00 37,518.00 39,117.00 41,164.50 42,997.50

22 33,052.50 34,515.00 35,958.00 37,518.00 39,117.00 41,164.50 42,997.50 44,928.00

23 34,515.00 36,036.00 37,674.00 39,390.00 41,164.50 42,997.50 44,928.00 46,975.50

24 36,036.00 37,674.00 39,390.00 41,164.50 42,997.50 44,928.00 46,975.50 49,081.50

25 37,674.00 39,390.00 41,164.50 42,997.50 44,928.00 46,975.50 49,081.50 51,304.50

26 39,390.00 41,164.50 42,997.50 44,928.00 46,975.50 49,081.50 51,304.50 53,586.00

27 41,164.50 42,997.50 44,928.00 46,975.50 49,081.50 51,304.50 53,586.00 56,023.50

28 42,997.50 44,928.00 46,975.50 49,081.50 51,304.50 53,586.00 56,023.50 59,085.00

29 44,928.00 46,975.50 49,081.50 51,304.50 53,586.00 56,023.50 59,085.00 61,912.50

30 46,975.50 49,081.50 51,304.50 53,586.00 56,023.50 59,085.00 61,912.50 64,818.00

31 49,081.50 51,421.50 53,898.00 56,374.50 59,085.00 61,912.50 64,818.00 67,918.50

32 51,421.50 53,898.00 56,374.50 59,085.00 61,912.50 64,818.00 67,918.50 71,019.00

33 53,898.00 56,374.50 59,085.00 61,912.50 64,818.00 67,918.50 71,019.00 74,119.50

34 56,374.50 59,085.00 61,912.50 64,818.00 67,918.50 71,019.00 74,119.50 77,220.00

35 59,085.00 61,912.50 64,818.00 67,918.50 71,019.00 74,119.50 77,220.00 80,320.50

The salary ranges provided herein for academic positions shall apply to those state employees in academic positions who work for an academic year which does not exceed 180 working days. Those academic employees working more than an academic year shall receive a pro rata increase in their salary based upon the number of additional working days per year. The intent of this section is to adjust the salaries of employees in academic positions. It is not intended to cause changes in academic work schedules.

89 Salary Wages for Councilors and Commissioners; December 28, 2001. RSA 94:1-a, II is repealed and reenacted to read as follows:

II. The salary wages for the positions set forth below shall be as follows commencing

December 28, 2001: Minimum Maximum

Governor's councilors $11,916

Pari-mutuel commissioners $ 9,035

Sweepstakes commission, chairman $13,558

Sweepstakes commission, members $ 7,231

90 Salary Wages for Councilors and Commissioners; December 27, 2002. RSA 94:1-a, II is repealed and reenacted to read as follows:

II. The salary wages for the positions set forth below shall be as follows commencing

December 27, 2002: Minimum Maximum

Governor's councilors $12,154

Pari-mutuel commissioners $ 9,216

Sweepstakes commission, chairman $13,829

Sweepstakes commission, members $ 7,375

91 Classified Increases; December 28, 2001. RSA 99:3 is repealed and reenacted to read as follows:

99:3 Increase in Salary. Notwithstanding the provisions of RSA 273-A or any other provision of law to the contrary, classified employees of the state as of December 28, 2001, shall be placed in the corresponding steps in the new salary ranges as their length of service justifies and their salaries shall be in accordance with the salary scales set forth in RSA 99:1-a, provided that any employee in classified service on December 28, 2001 shall be placed in a labor grade that is one number higher than the labor grade in which such person had been placed as of December 27, 2001. Notwithstanding any other provision of law, any legislative enactment in effect on December 28, 2001 designating a person or position at a specific labor grade shall hereby be deemed amended as designating such person or position at a labor grade that is one number higher than the labor grade in which such person had been designated by such enactment as of December 27, 2001. The provisions hereof shall not be construed as affecting so-called longevity payments which shall be in addition to the regular salary scale.

92 Classified Increases; December 27, 2002. RSA 99:3 is repealed and reenacted to read as follows:

99:3 Increase in Salary. Notwithstanding the provisions of RSA 273-A or any other provision of law to the contrary, classified employees of the state as of December 27, 2002, shall be placed in the corresponding steps in the new salary ranges as their length of service justifies and their salaries shall be in accordance with the salary scales set forth in RSA 99:1-a. Notwithstanding any other provision of law, any legislative enactment in effect on December 28, 2001 designating a person or position at a specific labor grade shall hereby be deemed amended as designating such person or position at a labor grade that is one number higher than the labor grade in which such person had been designated by such enactment as of December 27, 2001. The provisions hereof shall not be construed as affecting so-called longevity payments which shall be in addition to the regular salary scale.

93 Judicial Salaries; December 28, 2001. RSA 491-A:1 is repealed and reenacted to read as follows:

491-A:1 Salaries Established. The salaries for the positions set forth below shall be as follows:

Chief justice, supreme court $114,517

Associate justices, supreme court $111,045

Chief justice, superior court $111,045

Associate justices, superior court $104,105

District court justices prohibited

from practice pursuant to

RSA 502-A:21 $104,105

Probate judges prohibited from

practice pursuant to RSA 547:2-a $104,105

94 Judicial Salaries; December 27, 2002. RSA 491-A:1 is repealed and reenacted to read as follows:

491-A:1 Salaries Established. The salaries for the positions set forth below shall be as follows:

Chief justice, supreme court $116,807

Associate justices, supreme court $113,266

Chief justice, superior court $113,266

Associate justices, superior court $106,187

District court justices prohibited

from practice pursuant to

RSA 502-A:21 $106,187

Probate judges prohibited from

practice pursuant to RSA 547:2-a $106,187

95 Judicial Employees; December 28, 2001. All judicial employees shall receive 4.25 percent salary increases on December 28, 2001.

96 Judicial Employees; December 27, 2002. All judicial employees shall receive 2 percent salary increases on December 27, 2002.

97 Legislative Employees; December 28, 2001. Legislative employees shall receive 4.25 percent salary increases effective December 28, 2001, if such increases are approved by the appointing authority.

98 Legislative Employees; December 27, 2002. Legislative employees shall receive 2 percent salary increases effective December 27, 2002, if such increases are approved by the appointing authority.

99 Manager of Safety, Training, and Injury Prevention; Labor Grade Changed. Amend RSA 281-A:64-b to read as follows:

281-A:64-b Manager of Safety, Training, and Injury Prevention. There is created within the department of labor the classified full-time position of manager of safety, training, and injury prevention who shall be under the direction of the labor commissioner. The position shall be at labor grade [24] 25. The manager shall be responsible for mandatory workplace safety programs and for the development of effective multi-media workplace safety programs which shall be available to all employers.

100 Allied Health Professionals; Supervisory Position; Labor Grade Changed. Amend RSA 328-F:3, II to read as follows:

II. The governing boards' chairpersons or their appointees shall make up the board of directors of the office of licensed allied health professionals. The board of directors shall, subject to the rules of the division of personnel, have authority to establish and fill a supervisory position at labor grade [20] 21 and technical and clerical positions to run the office's business in an efficient manner.

101 Compensation for Certain State Officers; Unclassified State Employees; December 28, 2001. RSA 94:1-a, I is repealed and reenacted to read as follows:

I.(a) The following salary ranges shall apply to the following grades:

BB $41,950 $44,740 $47,540 $50,340 $53,130 $55,930

CC $43,940 $46,870 $49,800 $52,730 $55,660 $58,590

EE $49,100 $52,380 $55,650 $58, 920 $62,200 $65,470

FF $52,560 $56,060 $59,570 $63,070 $66,580 $70,080

GG $56,810 $60,590 $64,380 $68,170 $71,950 $75,740

HH $61,940 $66,060 $70,190 $74,320 $78,450 $82,580

II $65,540 $69,900 $74,270 $78,640 $83,010 $87,380

JJ $69,140 $73,740 $78,350 $82,960 $87,570 $92,180

KK $70,930 $75,660 $80,380 $85,110 $89,840 $94,570

MM $100,690

NN $104,590

OO $109,150

PP $114,600

QQ $121,160

(b) The salary ranges in subparagraph (a) shall be for the positions set forth in the following grades:

AA Department of health and executive assistant

human services

AA Executive council executive assistant

BB Department of justice criminal justice investigator

BB Department of health health planning analyst

and human services

BB Department of health service specialist

and human services, office of the

commissioner and division for

children, youth and families

BB Department of health public information officer

and human services

BB Department of justice consumer protection investigator

BB Department of justice criminal justice investigator

CC Department of revenue multi-state tax auditor

administration

CC Real estate commission executive director

CC Department of health service specialist

and human services, office of

administration

CC Department of health and long term care policy analyst

human services, division of

elderly and adult services

CC Department of health and service specialist

human services, division for

children, youth and families

CC Veterans council director

DD Department of health program specialist

and human services

DD Department of health senior financial analyst

and human services

DD Department of health senior health policy analyst

and human services

DD Department of health system specialist

and human services, office of

health management

DD Department of health unit administrator

and human services

DD Department of cultural director

resources

DD Department of health and development services

human services, division of behavioral specialist

developmental services

DD New Hampshire hospital infection control practitioner

DD New Hampshire hospital unit administrator

DD Department of resources director of marketing

and economic development

DD Department of state assistant secretary of state

DD State treasurer assistant treasurer

DD Department of health and manager, facilities and security

human services

DD Department of resources mountain manager

and economic development

DD Department of health and date base administrator

human services

DD Department of agriculture, director

markets and food

DD Department of health and human manager licensing and regulatory

services services

DD Department of justice chief counsel justice investigator

DD Department of revenue field audit leader

administration

DD Department of revenue manager

administration

DD Department of health and administrator, strategic planning

human services

DD Department of health and managing analyst

human services

DD Insurance department health care statistician

DD Department of administrative Education and training officer

services

DD Board of tax and land appeals board member

DD Board of tax and land appeals chairman

DD Department of health and service specialist

human services, division of

children, youth and families

EE Department of safety director of emergency medical services

EE Department of health and administrator of childrens mental

human services, division of health services

behavioral health

EE Department of health and director of program operations

human services, division of

elderly and adult services

EE Department of revenue chief of field audits

administration

EE Department of health and administrator of financial support

human services services

EE Department of health and assistant director

human services

EE Department of health and MVS systems programmer

human services

EE Department of health and network specialist

human services

EE Department of health and senior financial manager

human services

EE Department of health and system specialist

human services, division of elderly

and adult services

EE Highway safety coordinator

EE Insurance department assistant commissioner

EE Insurance department counsel

EE New Hampshire hospital community integration administrator

EE Postsecondary education commission executive director

EE Department of revenue audit team leaders

administration

EE Department of state state archivist

EE Department of health and human head start coordinator

services, division of children,

youth and families

EE Department of health and administrator, facilities and security

human services operations

EE Department of health and director

human services

EE Department of health and managing analyst

human services

EE Department of health and technical specialist

human services

EE Department of health and program specialist

human services, office of

health management

EE Department of health and manager of administrative hearings

human services

EE Department of health and administrator, bureau of community

human services, division of elderly services

and adult services

EE Governor’s commission on disability executive director

FF Department of corrections warden, New Hampshire state

prison-women

FF New Hampshire port authority director

FF Department of regional community planetarium director

technical colleges

FF Department of corrections senior dentist

FF New Hampshire hospital senior dentist

FF Department of executive director, bureau of

administrative services emergency communications

FF Department of health and administrator, bureau of child

human services, division of development

children, youth and families

FF Department of health and juvenile justice administrator

human services, division of

children, youth and families

FF Department of safety deputy director of motor vehicles

FF Department of transportation director of aeronautics

FF Department of health and director of transitional assistance

human services, division of

behavioral health

FF Department of justice director, office of victim/witness

advocate

FF New Hampshire hospital assistant superintendent

FF Department of revenue assistant director, audit division

administration

FF Department of revenue director of returns processing

administration

FF State treasurer chief deputy treasurer

FF Department of health director, operations analysis

and human services

FF Department of health division director

and human services

FF Department of administrative manager of employee relations

services

FF Department of agriculture, markets state veterinarian

and food

FF Department of health director of applications and

and human services development

FF Department of health director of administration

and human services

FF Department of health director of MMIS management

and human services

FF Department of health director, special projects

and human services

FF Department of health legislative director

and human services

FF Department of employment security counsel

FF Insurance department health care policy analyst

FF New Hampshire hospital director of finance and support

operations

FF Department of health and human forensic toxicologist

services, office of health management

FF Department of health and human molecular biologist

services, office of health management

FF Public utilities commission consumer advocate

FF Department of revenue revenue counsel

administration

FF Glencliff home for the elderly superintendent

FF Department of health and human ombudsman

services

FF Department of health and human transitional assistance, business and

services industry coordinator

FF Department of corrections warden, lakes region facility

GG Liquor commission commissioner

GG New Hampshire veterans home commandant

GG Adjutant general deputy adjutant general

GG Department of education director, career technology and adult

learning

GG Department of education director, standards and certification

GG Department of education director of instruction

GG Department of health and human director, alcohol and drug abuse

services

GG Department of health and human director of child support services

services

GG Department of health and human director of developmental services

services, division of developmental

services

GG Department of health and human assistant director, community

services, division of behavioral health supports and long-term care

GG Department of justice director

GG New Hampshire hospital superintendent

GG Department of health and human senior physician and director of

services, office of health management medicaid

GG Department of resources and director, division of parks

economic development

GG Sweepstakes commission executive director

GG Department of health and office of program support

human services

GG Department of administrative director of plant and property

services management

GG Department of corrections director, division of administration

GG Department of corrections psychiatrist

GG Department of corrections senior physician

GG Department of health and chief legal counsel

human services

GG Department of health and medicaid director

human services

GG Department of employment security general counsel

GG Department of cultural resources state librarian

GG New Hampshire hospital senior physician/psychiatrist

GG Department of health and human state senior physician

services, office of health management

GG Department of resources and director of economic development

economic development

GG State treasurer deputy treasurer

GG Banking department deputy bank commissioner

GG Department of corrections director, division of field services

GG Department of safety director, division of fire standards

and training

GG Department of safety state fire marshal

GG New Hampshire hospital assistant superintendent

professional SE

GG Department of regional community director

technical colleges, police standards

and training council

GG Department of resources and director of travel and tourism

economic development

GG Department of resources and director, forests and lands

economic development

GG Department of health and human assistant director

services, division of children,

youth and families

GG Department of health and director of special projects

human services, office of the

commissioner

GG Department of transportation director of administration

GG Insurance department director

GG Department of health and human

services, office of health management director of program support

GG Department of state deputy secretary of state

HH Department of corrections warden

HH Department of safety director of motor vehicles

HH Department of transportation director of operations

HH Department of transportation director of public works

HH Fish and game department executive director

HH Labor department deputy commissioner

HH Liquor commission chairman

HH Department of regional community president, Manchester and Stratham

technical colleges

HH Department of regional community president, Concord

technical colleges

HH Department of agriculture, markets commissioner

and food

HH Department of health and chief information officer

human services

HH Department of environmental director

services

HH Department of cultural resources commissioner

HH Department of health and human director of elderly services

services division of elderly and

adult services

HH New Hampshire retirement system director of finance

HH Department of revenue assistant commissioner

administration

HH Department of revenue director of audit division

administration

HH Department of youth development commissioner

services

HH Department of administrative director (comptroller)

services

HH Department of administrative director of information technology

services management

HH Department of administrative director, division of personnel

services

HH Department of administrative financial data manager

services

HH Department of corrections unit director non-medical

HH Department health and human division director

services

HH Department of environmental assistant commissioner

services

HH Department of health and human physician in charge

services, division of behavioral health

HH Insurance department actuary

HH Department of health and physician in charge

human services, office of

health management

HH Department of regional community deputy commissioner

technical colleges

HH Public utilities commission counsel

HH Department of health and human transitional assistance, section

services administrator

HH Department of health and human state epidemiologist, administrator

services, office of health management health data unit

HH Insurance department deputy commissioner

II New Hampshire retirement system executive director

II Department of health and human director, community supports and

services, division of behavioral health long term care

II State treasurer treasurer

II Adjutant general adjutant general

II Department of corrections director adult services-warden

II Department of safety director of state police

II Department of employment security commissioner

II Department of regional community president, Laconia and Berlin

technical colleges

II Department of regional community president, Nashua and Claremont

technical colleges

II Banking department commissioner

II Department of health and human director

services, division of children, youth

and families

II Department of education deputy commissioner

II Department of transportation director of project development

II Labor department commissioner

II Insurance department insurance commissioner

II Department of justice chief medical examiner

II Department of health and human director

services, office of health management

II Department of state secretary of state

II Department of administrative assistant commissioner

services

II Department of health and human controller

services

JJ Department of health and human senior division director

services

JJ Public utilities commission chairman

JJ Public utilities commission commissioner

JJ Department of safety assistant commissioner

JJ Department of justice deputy attorney general

KK Department of education commissioner

KK Department of health and human deputy commissioner

services

KK Department of transportation assistant commissioner

KK Department of regional community commissioner

technical colleges

KK Department of resources and commissioner

economic development

KK Department of environmental commissioner

services

LL Department of safety commissioner

LL Department of transportation commissioner

LL Department of justice attorney general

LL Department of administrative services commissioner

LL Department of corrections commissioner

LL Department of revenue commissioner

administration

MM Department of health and human commissioner

services

(c)(1) For attorney positions in the department of justice, except for the attorney general and deputy attorney general, the following shall apply commencing on December 28, 2001:

Minimum Market anchor Maximum

$38,000 $92,000

Attorney $46,000

Assistant attorney general $63,000

Senior assistant attorney general $78,000

Associate attorney general $86,000

(2) The attorney general shall have the authority to place all attorneys of the department of justice in the appropriate position within the overall range, above, at, or below the market anchor salary. A market anchor designation for a position is the reference point within the overall range to aid in salary management and recruitment when done at a level other than entry level. The attorney general shall consider the following criteria in considering compensation for department attorneys:

(A) Tenure and progressive experience.

(B) The nature of the work performed.

(C) Increased independence of work performed and judgment exercised.

(D) Achievement of pre-determined performance standards.

(E) The acquisition and application of further education and training.

(F) Demonstration of an increased frequency of undertaking the type and complexity of work normally associated with the next position level.

(G) Fulfilling a leadership or management role.

(3) Designation of position, salary levels, and salary increases for attorneys in the department of justice shall be determined by the attorney general, subject to approval of the governor and council, within appropriations made to the department of justice. The provisions of RSA 94:3 shall not apply to attorney positions governed by this subparagraph.

102 Compensation of State Officers; Unclassified State Employees; December 27, 2002; Two Percent Increase. RSA 94:1-a, I(a) is repealed and reenacted to read as follows:

I.(a) The following salary ranges shall apply to the following grades:

BB $42,789 $45,635 $48,491 $51,347 $54,193 $57,049

CC $44,819 $47,807 $50,796 $53,785 $56,773 $59,762

EE $50,082 $53,428 $56,763 $60,098 $63,444 $66,779

FF $53,611 $57,181 $60,761 $64,331 $67,912 $71,482

GG $57,946 $61,802 $65,668 $69,533 $73,389 $77,255

HH $63,179 $67,381 $71,594 $75,806 $80,019 $84,232

II $66,851 $71,298 $75,755 $80,213 $84,670 $89,128

JJ $70,523 $75,215 $79,917 $84,619 $89,321 $94,024

KK $72,349 $77,173 $81,988 $86,812 $91,637 $96,461

MM $102,704

NN $106,682

OO $111,333

PP $116,892

QQ $123,583

103 New Paragraph; Consulting Contract. Amend RSA 21-I:13 by inserting after paragraph XII the following new paragraph:

XIII. Have the authority to contract with an outside consulting group knowledgeable in the area of employee compensation of state officers, for the purpose of the commissioner’s duty under RSA 94:3-b, in an amount not to exceed $20,000 annually. The cost of such contract shall be funded from the salary adjustment fund.

104 Department of Justice; Appointment of Positions. Amend RSA 21-M:3, IV and V to read as follows:

IV. The attorney general may designate [no more than 10 assistant attorneys general to serve as] senior assistant attorneys general. Senior assistant attorneys general [shall] may serve as bureau chiefs and in such other positions as the attorney general may determine. Senior assistants shall serve in that capacity at the pleasure of the attorney general. Notwithstanding any other provision of law, the positions in this section shall be funded within appropriations made to the department of justice for each biennium and through the salary adjustment fund, as needed.

V. The attorney general [shall] may designate [2 assistant attorneys general to serve as] associate attorneys general. Associate attorneys general [shall] may serve as directors of the divisions of public protection and legal counsel and shall serve in that capacity at the pleasure of the attorney general.

105 State Officers; Salary Adjustment. Amend RSA 94:3-b to read as follows:

94:3-b Salary Adjustment for Recruitment or Retention. Notwithstanding any other provisions of law to the contrary, upon the request of an appointing authority [approved] submitted to the commissioner of administrative services for review and evaluation and upon approval by the fiscal committee of the general court, the governor and council is hereby authorized and empowered upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel to increase the salary ranges of unclassified positions.

106 Increases in Salary; Other Non-Classified or Unclassified Employees. All other nonclassified or unclassified employees not covered by the provisions for salary increases in this act shall be granted a salary increase of 4.25 percent effective December 28, 2001 and an additional salary increase of 2 percent effective December 27, 2002.

107 Authority for New or Omitted Positions or Technical Corrections. The commissioner of the department of administrative services shall have the authority to submit any unclassified positions created in any act which becomes law during the 2001 legislative session or any existing unclassified position omitted from RSA 94:1-a as amended by this act, or technical corrections to agree with the final report of the consultant, after consultation with the consultant on employee compensation for state officers, to the fiscal committee for approval of the proper placement of the unclassified position in the salary structure for state officers.

108 Appropriation. The following sums are appropriated from the following sources for the purposes of sections 87-107 of this act for the fiscal years ending June 30, 2002 and June 30, 2003:

FY 2002

All General Federal Highway Turnpike Fish & Game Other

$10,245,440 $ 5,579,565 $1,050,852 $2,451,581 $206,417 $112,591 $ 844,434

FY 2003

All General Federal Highway Turnpike Fish & Game Other

$24,710,507 $13,660,314 $2,661,310 $5,442,433 $522,757 $285,140 $2,138,553

The governor is authorized to draw a warrant for said sums out of the appropriate funds.

109 Repeal. The following are repealed:

I. RSA 12-A:4-c, relative to the assistant to the commissioner of resources and economic development.

II. RSA 126-A:9, II(a), relative to establishment of unclassified positions by the commissioner of health and human services.

III. RSA 162-A:5-a, II, relative to the salary of the executive director of the business finance authority.

IV. RSA 260:7, relative to the road toll administrator, financial responsibility administrator, and assistant to the director of motor vehicles.

110 Effective Date.

I. Sections 8, 9, 46, 50-59, 63, 71, 72, and 84 of this act shall take effect 60 days after its passage.

II. Sections 34, 35, 38-42, 48, 64, 85 and 86 of this act shall take effect upon its passage.

III. Section 15 of this act shall take effect June 30, 2001.

IV. Section 10 of this act shall take effect January 1, 2002.

V. Section 18 of this act shall take effect April 1, 2002.

VI. Sections 65 and 66 of this act shall take effect January 1, 2003.

VII. Sections 60-62 of this act shall take effect as provided in section 64.

VIII. Sections 87, 89, 91, 93, 95, 97, 99, 100, 101, and 103-109 of this act shall take effect December 28, 2001.

IX. Sections 88, 90, 92, 94, 96, 98, and 102 of this act shall take effect December 27, 2002.

X. Sections 80-83 of this act shall take effect July 1, 2002.

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

2001-1847-CofC

AMENDED ANALYSIS

This bill:

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

II. Establishes a travel and tourism development fund.

III. Provides for the costs of administration of the retirement system to be a charge upon retirement system funds.

IV. Provides for the method of funding payments for certain group I members of the New Hampshire retirement system.

V. Establishes an administrative fund for the land and community heritage investment authority and adds certain powers and duties of the authority.

VI. Provides that the initial funding mechanism and appropriation for the telecommunications planning and development initiative shall not lapse until June 30, 2003.

VII. Permits the commissioner of the department of health and human services to fill authorized unfunded positions.

VIII. Requires that $1,500,000 from the tobacco use prevention fund lapse to the general fund.

IX. Increases the rate of the business enterprise tax and the business profits tax and decreases the rate of the education property tax.

X. Increases the rate of the intrastate communications services tax and repeals the tax exemption for certain real estate transfers.

XI. Provides for an amnesty period on payment of penalties and interest on unpaid taxes owed to the state.

XII. Repeals the legacies and succession tax.

XIII. Establishes the division of community services within the department of revenue administration and enables certain purchases and positions relating to assessing enforcement.

XIV. Provides specific time lines and abatement and appeal procedures for property assessments.

XV. Increases kindergarten adequacy payments to pupils enrolled in new public kindergarten programs or an approved alternative kindergarten program.

XVI. Establishes a committee to study the development of a new budget system; extends the lapse date of an appropriation to the department of administrative services; and makes the appropriation available to the study committee.

XVII. Amends the provisions of law relating to the revenue stabilization account for the biennium ending June 30, 2001.

XVIII. Enables additional revenues to be made available for certain health and human services programs.

XIX. Makes an appropriation to the postsecondary education commission for administration of the granite state scholars program.

XX. Requires approval by the fiscal committee of the general court and the governor and council prior to submission to the public utilities commission of plans for the administration of system benefits charge funds which are in the custody of the treasurer pursuant to a request of the public utilities commission.

XXI. Grants laid-off state employees certain rights with regard to rehiring.

XXII. Authorizes a longevity payment for the deputy commissioner of the department of health and human services.

XXIII. Authorizes the commissioner of the department of health and human services to establish certain unclassified positions as necessary for the biennium ending June 30, 2003.

XXIV. 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.

XXV. Requires the department of regional community-technical colleges and Pease development authority to enter into a lease agreement and provides for reductions in Pease development authority’s debt to the state as payment for the premises.

XXVI. Reduces the cap on the investor education fund.

XXVII. Makes certain technical corrections in the tax laws to conform with the Internal Revenue Code.

XXVIII. Makes a capital appropriation to the community-technical college system for computer system upgrades at Claremont.

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

XXX. Repeals the prospective repeals of the education property tax and certain related laws.

XXXI. 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.

XXXII. Grants pay raises to state employees, judicial employees, and legislative employees.

2001-1848-CofC

05/09

Committee of Conference Report on HB 1-A, an act making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2002, and June 30, 2003.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

1.08 Budget Footnotes; General.

A. Data Processing Services. The department of administrative services and the department of health and human services shall, prior to performing data processing services for any department, board, commission, institution, or other agency, enter into a written agreement specifying in detail the services to be performed and the cost to the agency. Said agreement shall be binding on both agencies. Any change or modification in the services to be performed shall likewise be agreed to in writing and shall specify the change and the adjustment to the cost. Any dispute relative to such agreements shall be resolved by the department of justice. The provisions of this paragraph shall not permit any state department, board, commission, institution, or other agency to contract for data processing services without the approval of the department of administrative services.

B. Revenue shall be deposited with the state treasurer as unrestricted revenue.

C. Revenue in excess of the estimate may be expended with prior approval of the fiscal committee and the approval of the governor and council.

D. The funds in this appropriation shall not be transferred or expended for any other purpose.

E. The funds in this appropriation are for general overhead state charges and such sums shall be transferred by the agency to the general fund of the state consistent with federal requirements.

F. This appropriation shall not lapse until June 30, 2003.

G. The funds in this appropriation shall not be transferred or expended for any other purpose and shall not lapse until June 30, 2003.

H. The funds in this appropriation shall not be transferred or used for any other purpose and shall not lapse until June 30, 2003. No additions or deletions may be made from those projects authorized for funding from the original maintenance survey except in an emergency situation and then only after consultation with the commissioner of the department of transportation and approval by the commissioner of the department of administrative services.

I. In the event that estimated revenue is less than budgeted, the total appropriation shall be reduced by the amount of the shortfall in either actual or projected budgeted revenue. The agency head shall notify the bureau of accounting forthwith, in writing, as to precisely which line item appropriation and in what specific amounts reductions are to be made in order to fully compensate for the total revenue deficits. The provisions of this footnote do not apply to federal funds covered by RSA 124:14.

J. This appropriation, to be administered by the commissioner, is for the necessary equipment needs of the department and shall be expended at the commissioner’s discretion.

K. The funds in this appropriation are for the lease of state-owned equipment from the department of transportation operations division, mechanical services bureau, and shall not be transferred or used for any other purpose. Transfers may be made between funds appropriated in class 025 in other PAU’s with prior approval of the capital budget overview committee and thereafter the fiscal committee and governor and council.

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

GENERAL SECTIONS

2 General Fund and Total Appropriation Limits. The amount included in PAU 06-06 (higher education fund) under estimated source of funds from general fund shall be the total appropriation from general funds for such PAU that may be expended for the purpose of section 1 of this act. Any funds received by said agency from other than general funds are hereby appropriated for the use of the agency and may be expended by said agency whether or not this will result in an appropriation and expenditure by the agency in excess of the total appropriation therefor.

3 Assignment of Office Space. If, during the biennium ending June 30, 2003, because of program reductions, consolidations, or any other reason, office space becomes available in the health and human services complex, the Hayes building, or any other state building, except office space under the control of the legislature pursuant to RSA 14:14-b, the commissioner of administrative services may require that any agency renting private space be required to occupy such available space in said building or buildings forthwith. Such funds as have been allocated or committed by any agency affected by this section for outside rental shall be transferred by the director of the division of accounting services to the bureau of general services, PAU 01-04-04-05-01, for maintenance of state buildings.

4 Sweepstakes Commission; Authority Granted. For the biennium ending June 30, 2003, in order to provide sufficient funding to the sweepstakes commission to carry out sweepstakes programs that will provide funds for distribution in accordance with RSA 284:21-j, the commission shall apply to the fiscal committee of the general court for approval of any new sweepstakes programs or for the purchase of any tickets for new or continuing games. Additionally, no expenditures for consultants shall be made without prior approval by the fiscal committee. If approved, the commission may then apply to the governor and council to transfer funds from the sweepstakes revenue special account. The total of such transfers shall not exceed $4,500,000 for the biennium ending June 30, 2003.

5 Department of Justice; Special Provision. For the biennium ending June 30, 2003, filing fees received by the department of justice pursuant to RSA 7:28-a shall be deposited with the state treasurer as restricted revenue; and any excess of such revenue over the amounts appropriated for the division of charitable trusts shall lapse to the unappropriated surplus of the general fund. Expenditures from this fund shall not be made except by appropriation by the general court.

6 Appropriation of Unrestricted Motor Vehicle Revenue. All sums received by the division of motor vehicles or the division of state police, department of safety, from any source, which are not derived from registration fees, drivers licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuel, including revenue received from fines and forfeitures assessed against any violator of any law of the state, other than RSA 266:18 through RSA 266:26, or of any political subdivision thereof relative to the use and operation of motor vehicles, whether the violator is apprehended or prosecuted by an employee of the state or any political subdivision thereof, shall be paid to the state treasurer and shall, for the biennium ending June 30, 2003, be available for expenditure as unrestricted general fund revenues of the state. Fines and forfeitures assessed against any violator of RSA 266:18 through RSA 266:26 shall be available as unrestricted highway fund revenue.

7 Positions Abolished. The following positions are hereby abolished forthwith effective at the close of business on June 30, 2001, or later, as specifically indicated:

Agriculture

02-03-04 10295

Corrections

02-16-05-01-00 9U188, 9U297

02-16-08-00-00 41458, 41459, 41460, 9U494

Employment Security

02-17-01-00-00 11013, 11046, 11060, 11075, 11098, 11099,

11146, 11162, 11175, 11184, 11185, 11246,

30114, 40593, 40985, 40995, 41220

Resources and Economic Development

03-03-03-03-04 19712

03-03-05-00-00 19431

Environmental Services

03-04-02-06-04 16800, 19125

03-04-02-07-03 19514

03-04-02-09-00 40505

03-04-03-02-03 40706

03-04-08-03-00 11368

Education

06-03-05-01-02 19174

Liquor Commission

02-13-04-01 13975

8 Information Technology Equipment and Software. Any funds appropriated for information technology equipment provided for by this act, or information technology equipment for any other agency in any budget bill enacted during the 2001 legislative session, shall not be spent, obligated, or encumbered until such time as the agency’s information technology plans are reviewed by the division of information technology management pursuant to RSA 21-I:67 and approved by the capital budget overview committee. The division of information technology management shall review any such agency technology plans within 90 days. An agency may request an extension of time from the capital budget overview committee.

9 Transfers. Notwithstanding any other provision of law, within the PAUs listed below, the commissioner or department head may transfer among all accounts as the commissioner or department head shall deem necessary and appropriate for the efficient management of the department in order to accomplish the measurable goals and objectives as approved by the legislative fiscal committee and the governor and council. Such transfers shall have no net effect on the source of funding mix of the approved budget of the department. A report of all such transfers and of any progress in meeting the measurable goals and objectives shall be filed quarterly with the legislative fiscal committee and with the governor and council.

04-01-08 Department of Transportation, Bureau of

Turnpikes

03-04-02-03-01 Department of Environmental Services,

Water Division, Safe Drinking Water Act

03-04-02-05-00 Department of Environmental Services,

Water Division, Subsurface Systems

03-04-02-06-02 Department of Environmental Services,

Water Division, Section 319 Planning

03-04-04-04-02 Department of Environmental Services,

Waste Management Division, Underground

Storage Tank Program

10 General Fund Appropriation Reduction; Judicial Branch.

I. The judicial branch is hereby directed to reduce all state general fund appropriations by $4,293,101 for the fiscal year ending June 30, 2002 and $4,749,004 for the fiscal year ending June 30, 2003. The chief justice of the supreme court, or designee, shall by July 1, 2001, notify the department of administrative services as to the specific amounts to be reduced in specified line item appropriations in functional units, in order to comply fully with this section. The chief justice of the supreme court, or designee, shall by July 1, 2002, notify the department of administrative services as to the specific amounts to be reduced in specified line item appropriations in functional units, in order to comply fully with this section.

II. If SB 197-FN of the 2001 legislative session becomes law and contains a general fund appropriation, the reduction contained in paragraph I of this section shall be increased by the amount of such general fund appropriation.

11 Division of Alcohol and Drug Abuse Prevention and Recovery. Prior to expending or encumbering more than 50 percent of its biennial appropriation in any line within PAU 05-01-12 the director shall obtain approval from the joint legislative fiscal committee of proposed outcome measures of the division’s performance. These measures shall identify desired results in terms of behavioral outcomes and shall relate to a specific time period using benchmarks and goals. The results of these measures shall be incorporated into a report to the speaker of the house of representatives, the senate president, and the governor no later than September 30, 2003.

12 Transfer of Funds by Division for Children, Youth, and Families, Department of Health and Human Services. Notwithstanding any other provision of law, the division for children, youth, and families, department of health and human services, may, with approval of the fiscal committee and the governor and council, transfer in each of the fiscal years 2002 and 2003 up to $200,000 in funds which would otherwise lapse to the salary adjustment fund from class 10, personal services permanent in components 05, 01, 08, 02, 01 and 05, 01, 08, 03, 01 to class 91 training in component 05, 01, 08, 06, 00, to provide training for social workers and juvenile probation and parole officers.

13 Supplemental Appropriation; Department of Administrative Services.

I. In addition to any other sums appropriated to the department of administrative services, the following sums are appropriated from the following sources for the purpose of funding the increased cost of state employee medical benefits for the fiscal years ending June 30, 2002 and June 30, 2003:

FY 2002

All General Federal Highway Turnpike Fish & Game Other

$8,000,000 $4,448,000 $896,000 $1,664,000 $176,000 $96,000 $720,000

FY 2003

All General Federal Highway Turnpike Fish & Game Other

$8,000,000 $4,448,000 $896,000 $1,664,000 $176,000 $96,000 $720,000

II. The department of administrative services shall allocate the appropriated amounts to departments, agencies, and branches. The governor is authorized to draw a warrant for said sums out of the appropriate funds.

14 Capital Appropriation. The sums hereinafter detailed are hereby appropriated for information technology projects specified to the departments, agencies, and branches named:

I. Department of Administrative Services $1,750,000

II. Department of Education $ 350,000

III. Department of Environmental Services $ 832,000

IV. Department of Health and Human Services $1,700,000

V. Department of Justice $ 270,800

VI. Community-Technical College System $ 659,380

VII. Judicial Branch $2,400,000

VIII. Cultural Resources $ 150,000

IX. Department of Revenue Administration $ 530,000

TOTAL $8,642,180

15 Bonds. To provide funds for the appropriation made in section 14 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $8,642,180 and for said purposes may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. The bonds issued under this section shall be 5-year bonds.

16 Estimates of Unrestricted Revenue:

GENERAL FUND FY 2002 FY 2003

Beer Tax $ 12,112,000 $ 12,212,000

Board and Care Revenue 10,400,000 10,800,000

Business Profits Tax 239,000,000 231,000,000

Business Enterprise Tax 54,500,000 56,500,000

Estate and Legacy Tax 58,000,000 54,800,000

Insurance Tax 62,000,000 63,000,000

Securities Revenue 27,500,000 28,500,000

Interest and Dividends 77,000,000 79,000,000

Liquor Sales & Distribution 93,000,000 96,500,000

Meals and Rooms Tax 168,000,000 185,000,000

Dog Racing 1,200,000 1,200,000

Horse Racing 2,600,000 2,700,000

Real Estate Transfer Tax 66,670,000 68,670,000

Communications Tax 67,700,000 70,900,000

Tobacco Tax 61,190,000 60,480,000

Utility Tax 5,400,000 5,500,000

Other 46,000,000 46,000,000

Court Fines and Fees 23,700,000 24,400,000

Tobacco Settlement Funds 4,000,000 4,400,000

Subtotal 1,079,972,000 1,101,562,000

Medicaid Enhancement Revenues 95,000,000 94,000,000

Net Appropriation for Uncompensated

Care Pool 13,400,000 13,400,000

Total $ 1,188,372,000 $ 1,208,962,000

HIGHWAY FUND FY 2002 __ FY 2003

Gasoline Road Toll $ 124,000,000 $ 128,000,000

Motor Vehicle Fees 84,357,000 86,626,000

Miscellaneous 8,400,000 8,900,000

TOTAL $ 216,757,000 $ 223,526,000

FISH AND GAME FUND FY 2002 _ FY 2003

Fish and Game Licenses $ 7,681,000 $ 9,094,000

Fines and Penalties 119,000 119,000

Miscellaneous Sales 630,000 615,000

Indirect Costs 815,000 857,000

TOTAL $ 9,245,000 $10,685,000

EDUCATION TRUST FUND FY 2002 _ FY 2003

Business Profits Tax $ 36,900,000 $ 36,600,000

Business Enterprise Tax 113,500,000 105,500,000

Meals and Rooms Tax 8,000,000 8,400,000

Tobacco Tax 24,810,000 24,520,000

Real Estate Transfer Tax 32,830,000 33,830,000

Tobacco Settlement Funds 40,000,000 40,000,000

Utility Property Tax 18,800,000 20,500,000

Sweepstakes Net Income 64,000,000 66,000,000

State Property Tax-Retained Locally 454,000,000 453,045,000

State Property Tax-Not Retained Locally 29,100,000 32,680,000

TOTAL $ 821,940,000 $ 821,075,000

17 Estimate of General Fund Undesignated Surplus.

GENERAL FUND

(Dollars in Thousands)

FY 2002 FY 2003

Balance, July 1 $0 $21,624

Additions:

Unrestricted Revenue

Unrestricted Revenue-Net of Medicaid 1,079,972 1,101,562

Medicaid Enhancement Revenues 95,000 94,000

Uncompensated Care 13,400 13,400

Total Unrestricted Revenue 1,188,372 1,208,962

Appropriations:

Gross Appropriations (Section 1) 1,192,842 1,247,430

Legislative Specials 12,615 18,138

Footnote Reductions/Adjustments (3,000) (1,500)

Reduction in Judicial Appropriation (4,293) (4,749)

Total Appropriations 1,198,164 1,259,319

Less Lapses (34,416) (36,111)

Lapse Percent 2.87% 2.87%

Net Appropriations 1,163,748 1,223,208

GAAP Adjustment (3,000) (3,000)

Current Year Balance 21,624 (17,246)

Balance, June 30 21,624 4,378

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

2001-1718-CofC

05/01

Committee of Conference Report on HB 131, an act relative to the retention and disposal of certain financial disclosure forms.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

8 Elections; Nomination by Nomination Papers; Filing Names of Candidates; Deadline Changed. Amend RSA 655:40-b to read as follows:

655:40-b Filing Names of Candidates. The names of the candidates to be listed on the state general election ballot under the political [party] organization nominated pursuant to RSA 655:40-a shall be submitted to the secretary of state no later than 5:00 p.m. on the [Monday immediately following] day of the primary. When the list of candidates is filed, it shall be accompanied by a declaration of candidacy signed by each of the candidates. The declaration of candidacy shall be in the form provided by RSA 655:17 with the understanding that, where the form says primary election, it shall be construed to mean general election.

9 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.

10 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.

11 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 50 days prior to the date of the city’s primary election. The filing period shall be held not more than 41 days nor less than 34 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.

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

The signatures below attest to the authenticity of this Report on HB 131, an act relative to the retention and disposal of certain financial disclosure forms.

Sen. Roberge, Dist. 9 Rep. Teschner, Graf. 5

Sen. Barnes, Dist. 17 Rep. Clegg, Hills. 23

Sen. O’Neil, Dist. 18 Rep. Bragdon, Hills. 13

Rep. Rollo, Straf. 10

Senator Roberge moved adoption.

2001-1722-CofC

04/01

Committee of Conference Report on HB 132-FN, an act relative to the damage or destruction of an emergency vehicle or emergency services equipment.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 1 with the following:

1 New Paragraph; Criminal Mischief; Emergency Vehicles or Emergency Services Equipment. Amend RSA 634:2 by inserting after paragraph VII the following new paragraph:

VIII. Any person who is found guilty of criminal mischief under this section because the person has purposely or recklessly damaged an emergency vehicle, emergency apparatus, or private vehicle containing emergency equipment, shall be liable for full restitution to the injured party.

The signatures below attest to the authenticity of this Report on HB 132-FN, an act

Sen. Gordon, Dist. 2 Rep. Knowles, Straf. 11

Sen. Roberge, Dist. 9 Rep. Tholl, Coos 5

Sen. Fernald, Dist. 11 Rep. K. Gilbert, Rock. 19

Rep. Sargent, Hills. 3

2001-1722-CofC

AMENDED ANALYSIS

This bill provides that any person who is found guilty of criminal mischief because the person has purposely or recklessly damaged an emergency vehicle, emergency apparatus, or private vehicle containing emergency equipment, shall be liable for full restitution to the injured party.

Senator Gordon moved adoption.

2001-1729-CofC

06/09

Committee of Conference Report on HB 215, an act relative to publication of status of cases before the supreme court.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Roberge, Dist. 9 Rep. Dudley, Graf. 14

Sen. Pignatelli, Dist. 13 Rep. L. Jean, Hills. 17

Rep. Wall, Straf. 9

Senator Gordon moved adoption.

2001-1696-CofC

06/01

Committee of Conference Report on HB 238, an act relative to interstate banking.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

I. Unless otherwise provided in this paragraph, a New Hampshire bank [or], a national bank, or a federal savings bank having its principal place of business in New Hampshire may merge with any out-of-state bank in accordance with applicable laws and regulations of New Hampshire and any other applicable state and federal authority. [If the resulting bank is an out-of-state bank,] A merger pursuant to this section shall be permitted only if the New Hampshire bank may merge with a state or national bank or federal savings bank [or national bank] having its principal place of business in [New Hampshire shall be required to be in existence for at least 5 years in order to be eligible to merge. The 5-year aging requirement of this paragraph shall not apply to a New Hampshire bank which was incorporated pursuant to RSA 386-A or RSA 392 prior to September 29, 1995.] the state in which the principal place of business of the out-of-state bank is located, under conditions no more restrictive than those imposed by the laws of this state as determined by the bank commissioner. No merger shall be permitted which will result in a violation of the deposit limitation contained in RSA 384-B.

The signatures below attest to the authenticity of this Report on, an act

Sen. Larsen, Dist. 15 Rep. Hunt, Ches. 10

Sen. Johnson, Dist. 3 Rep. Leo Fraser, Merr. 9

Sen. Fernald, Dist. 11 Rep. Marshall, Graf. 2

Rep. Tara Reardon, Merr. 23

Senator Larsen moved adoption.

2001-1708-CofC

01/09

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

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Wheeler, Dist. 21 Rep. Batula, Hills. 18

Sen. Prescott, Dist. 19 Rep. Burnham, Ches. 8

Sen. McCarley, Dist. 6 Rep. Manning, Ches. 9

Rep. Seldin, Merr. 17

Senator Wheeler moved adoption.

2001-1725-CofC

06/04

Committee of Conference Report on HB 256, an act limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Francoeur, Dist. 14 Rep. Mock, Carr. 3

Sen. Prescott, Dist. 19 Rep. Dudley, Graf. 14

Sen. Fernald, Dist. 11 Rep. L. Jean, Hills. 17

Rep. Wall, Straf. 9

Senator Francoeur moved adoption.

2001-1777-CofC

06/01

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

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Eaton, Dist. 10 Rep. G. Katsakiores, Rock. 13

Sen. Flanders, Dist. 7 Rep. J. Flanders, Rock. 18

Sen. O’ Neil, Dist. 18 Rep. Letourneau, Rock. 13

Rep. P. Cote, Hills. 32

Senator Eaton moved adoption.

2001-1713-CofC

03/01

Committee of Conference Report on HB 259, an act relative to holding sessions for correction of checklists.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing all after the enacting clause 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 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 extended 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 extended hours. 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.

3 Town Elections; General Provisions; Voters and Checklists; Time for Sessions for Correction. Amend RSA 669:5 to read as follows:

669:5 Voters and Checklists. An updated checklist shall be used at all town meetings and elections for the same purposes a checklist is used at a state election and to insure that only qualified voters participate in town meeting discussions and votes, by voice or otherwise. The supervisors shall prepare, post, and revise the checklist for a town meeting or election in the same manner as for a state election as provided in RSA 654:25 - 654:31, provided, however, that the session for correction shall be held on Saturday 6 to 13 days prior to the election. The supervisors shall also hold one session for correction of the checklist on the day immediately prior to the first day of the filing period for candidates for town office, as provided in RSA 669:19 or 669:42, as applicable, from 7 p.m. to [9] 8 p.m. and at the discretion of the supervisors for extended hours.

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

The signatures below attest to the authenticity of this Report on HB 259, an act relative to holding sessions for correction of checklists.

Sen. Roberge, Dist. 9 Rep. Stritch, Rock. 5

Sen. Disnard, Dist. 8 Rep. Reeves, Hills. 37

Sen. Barnes, Dist. 17 Rep. Flanagan, Rock. 14

Rep. Buckley, Hills. 44

2001-1713-CofC

AMENDED ANALYSIS

This bill changes the hours for evening sessions for correction of checklists 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 extended hours.

Senator Roberge moved adoption.

2001-1732-CofC

05/01

Committee of Conference Report on HB 260, an act establishing a commission to examine child care resource for parents who work hours other than first shift.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Wheeler, Dist. 21 Rep. Dowling, Rock. 13

Sen. O’Hearn, Dist. 12 Rep. Moran, Hills. 15

Sen. McCarley, Dist. 6 Rep. Pantelakos, Rock. 30

Rep. Lyman, Carr. 5

Senator Wheeler moved adoption.

2001-1654-CofC

08/01

Committee of Conference Report on HB 274-FN, an act banning the residential open burning of trash and relative to a dioxin emissions reduction and control program.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 125-N:5, II as inserted by section 1 of the bill by replacing it with the following:

II. The commissioner shall have the authority to enforce the provisions of this chapter. Any person who violates the provisions of this chapter shall be guilty of a violation and may be assessed an administrative fine for a first offense not to exceed $100 and for subsequent offenses not to exceed $250.

The signatures below attest to the authenticity of this Report on, an act

Sen. Johnson, Dist. 3 Rep. J. Bradley, Carr. 8

Sen. Francoeur, Dist. 14 Rep. Norelli, Rock. 31

Sen. Below, Dist. 5 Rep. Sloan, Rock. 12

Rep. Gabler, Graf. 8

Senator Johnson moved adoption.

June 20, 2001

2001-1757-CofC

08/10

Committee of Conference Report on HB 277-LOCAL, an act clarifying the penalties for violations of statutes or ordinances where no penalty is specified.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

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

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

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

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

8 Effective Date.

I. Sections 6 and 7 of this act shall take effect upon its passage.

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

The signatures below attest to the authenticity of this Report on HB 277-LOCAL, an act

Sen. Gordon, Dist. 2 Rep. Patten, Carr. 9

Sen. Roberge, Dist. 9 Rep. Fairbanks, Ches. 18

Sen. Fernald, Dist. 11 Rep. Scovner, Graf. 13

Rep. Goodwin, Straf. 12

2001-1757-CofC

AMENDED ANALYSIS

This bill establishes that a person who violates any requirement created by statute or municipal regulation enacted pursuant to an enabling statute, where the statute neither specifies the penalty or offense classification, shall be deemed to be guilty of a violation.

This bill also provides that the owner or keeper of a dog who fails to license a dog or renew a dog license may be guilty of a violation and subject to a fine of not more than $100, if the owner or keeper fails to pay the $25 civil forfeiture penalty.

Senator Gordon moved adoption.

2001-1747-CofC

10/04

Committee of Conference Report on HB 279-FN-A-LOCAL, an act relative to the payment of certain unfunded accrued liability of the retirement system and making an appropriation therefor.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing all after section 4 with the following:

5 Group II; Medical Benefits; Application. Amend RSA 100-A:55, I to read as follows:

I. The additional benefits provided under RSA 100-A:52 shall apply to persons who are active or retired members of group II as of June 30, [1997] 2000; to persons who prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, are eligible for vested deferred retirement benefits; and to persons who are group II permanent policemen or permanent firemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II [after June 30, 1988, but] before July 1, [2000] 2002 or permanent firemen members of group II [after June 30, 1988, but] before July 1, [2000] 2002. Such additional benefits shall not apply to other persons who become members of group II after June 30, [2000] 2002, without future legislation to include them. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be funded by reimbursement from the special account established under RSA 100-A:16, II(h).

6 Retirement System; Definition; Earnable Compensation. Amend RSA 100-A:1, XVII to read as follows:

XVII. "Earnable compensation" shall mean for all members the full base rate of compensation paid plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, additional pay for extracurricular and instructional activities or for other extra or special duty, and other compensation paid to the member by the employer, plus the fair market value of non-cash compensation such as meals or living quarters if subject to federal income tax. However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1-1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a) (17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include [any] compensation in any form paid later than 120 days after the member’s termination of employment from a retirement eligible position, with the limited exceptions of disability related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member’s termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member’s termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.

7 Optional Allowances; Disability Retirement; 120-day Period for Election. Amend RSA 100-A:13, I to read as follows:

I. Any member who has reached service retirement age as provided in RSA 100-A:5, I(a), or II(a), or RSA 100-A:19-b, [or] any retiree within 120 days after the effective date of retirement, or any retiree within 120 days after a decision by the board of trustees granting the retiree disability retirement benefits pursuant to RSA 100-A:6, may elect to receive, instead of the retirement allowance otherwise payable, a retirement allowance of equivalent actuarial value under one of the options named in paragraph III, or to redesignate any such option previously elected. When the member or retiree elects to receive an optional retirement allowance under paragraph III, the beneficiary or beneficiaries whom the member or retiree nominates may include the member’s spouse and/or children. The notice of non-election, election, or change of retirement option shall be on a form designated by the board, which, if the member or retiree is married, shall include a spousal acknowledgment. The optional allowance shall be effective upon retirement if the election is made before the effective date of retirement, and on the first day of the month following receipt by the board of the notice of election or change of option if made during [the] a 120-day grace period. When an election or change of option is made during [the] a 120-day grace period, no retroactive adjustments will be made in payments already received by the retiree. When an election or change of option is made within 120 days after a decision by the board of trustees granting the retiree disability retirement benefits, the optional allowance shall be calculated using retiree and beneficiary age factors applicable as of the first day of the month following receipt by the board of the notice of election or change in option. After expiration of the 120-day grace period no change in option selection shall be permitted except as provided in paragraph II. If a retiree dies after filing notice of election or change of option during the 120-day grace period but before the effective date, the election or change shall be effective as of the date of death. If a member dies after filing an election for a survivorship retirement option and before the effective date of retirement, whether or not the member has filed for retirement, the beneficiary who was nominated by the member in the election of the option may elect to receive either the optional survivor benefit which the member had elected or the ordinary death benefit provided under RSA 100-A:9, whichever is more advantageous to the beneficiary; provided that, in the case of the member’s death before retirement, if the beneficiary named in the survivorship option election is not the same person as the beneficiary under RSA 100-A:9, then the death benefit under RSA 100-A:9, II, and not the survivorship option shall apply.

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

The signatures below attest to the authenticity of this Report on HB 279-FN-A-LOCAL, an act

Sen. Francoeur, Dist. 14 Rep. Zolla, Rock. 13

Sen. Wheeler, Dist. 21 Rep. Dyer, Hills. 8

Sen. Prescott, Dist. 19 Rep. Andosca, Hills. 30

Rep. Wheeler, Hills. 7

2001-1747-CofC

AMENDED ANALYSIS

This bill:

I. Makes a bonded appropriation for payment of certain unfunded accrued liability of the New Hampshire retirement system.

II. Extends the years of eligibility of active and retired group II members for the payment of medical benefits costs by the retirement system

III. Allows for payment of compensation after 120 days from termination of employment to be considered as earnable compensation.

IV. Allows retirement system members granted a disability retirement by the board of trustees to have 120 days from the decision by the board to elect an optional allowance.

Senator Francoeur moved adoption.

2001-1724-CofC

04/01

Committee of Conference Report on HB 315-FN, an act relative to the registration of criminal offenders.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 315-FN, an act relative to the registration of criminal offenders.

Sen. Roberge, Dist. 9 Rep. K. Gilbert, Rock. 19

Sen. Prescott, Dist. 19 Rep. Knowles, Straf. 11

Sen. Pignatelli, Dist. 13 Rep. Tholl, Coos 5

Rep. Sargent, Hills. 3

Senator Roberge moved adoption.

2001-1709-CofC

06/10

Committee of Conference Report on HB 320-FN, an act relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Leasing Certain Portions of Railroad Properties; Cost. Amend RSA 228:57-a, IV to read as follows:

IV. The cost of the lease shall be [$5] $25 per running foot per year, paid annually.

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.

3 New Section; Amusement Railroads. Amend RSA 82 by inserting after section 25 the following new section:

82:25-a Amusement Railroads. The property of amusement railroads shall be appraised and taxed pursuant to the provisions of RSA 72, and shall not be subject to the provisions of this chapter.

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

The signatures below attest to the authenticity of this Report on HB 320-FN, an act relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads.

Sen. Eaton, Dist. 10 Rep. Packard, Rock. 29

Sen. Boyce, Dist. 4 Rep. J. Flanders, Rock. 18

Sen. O’Neil, Dist. 18 Rep. Dickinson, Carr. 2

Rep. B. Ferland, Sull. 6

2001-1709-CofC

AMENDED ANALYSIS

This bill increases the cost of leases of certain railroad property from $5 to $25 per running foot per year. This bill also defines amusement railroads and provides for their taxation.

Senator Eaton moved adoption.

2001-1749-CofC

09/10

Committee of Conference Report on HB 328-FN-LOCAL, an act relative to fees of sheriffs and deputy sheriffs.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 328-FN-LOCAL, an act relative to fees of sheriffs and deputy sheriffs.

Sen. Fernald, Dist. 11 Rep. Reid, Straf. 12

Sen. Roberge, Dist. 9 Rep. Elliot, Hills. 2

Sen. Prescott, Dist. 19 Rep. Thulander, Hills. 6

Rep. Dudley, Graf. 14

Senator Fernald moved adoption.

2001-1736-CofC

09/01

Committee of Conference Report on HB 332-FN-LOCAL, an act relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by deleting sections 2 and 3 and renumbering section 4 to read as 2.

The signatures below attest to the authenticity of this Report on HB 332-FN-LOCAL, an act relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses.

Sen. Boyce, Dist. 4 Rep. Batula, Hills. 18

Sen. Prescott, Dist. 19 Rep. Pilliod, Belk. 3

Sen. Wheeler, Dist. 21 Rep. French, Merr. 3

Rep. Rogers Johnson, Rock. 25

2001-1736-CofC

AMENDED ANALYSIS

This bill requires the emergency medical services medical control board to adopt statewide adult and pediatric resuscitation protocols for licensed emergency medical care providers.

Senator Boyce moved adoption.

2001-1703-CofC

03/01

Committee of Conference Report on HB 337-FN, an act relative to the administration of public utilities commission and establishing the position of executive director of the public utilities commission.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 337-FN, an act

Sen. Prescott, Dist. 19 Rep. J. Bradley, Carr. 8

Sen. Flanders, Dist. 7 Rep. N. Kaen, Straf. 7

Sen. D’Allesandro, Dist. 20 Rep. Dyer, Hills. 8

Rep. Anderson, Merr. 7

Senator Prescott moved adoption.

2001-1730-CofC

08/04

Committee of Conference Report on HB 357, an act relative to periodic payment of judgments.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 357, an act relative to periodic payment of judgments.

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Fernald, Dist. 11 Rep. J. Pratt, Ches. 2

Sen. Prescott, Dist. 19 Rep. L. Jean, Hills. 17

Rep. Woods, Straf. 11

Senator Gordon moved adoption.

2001-1752-CofC

08/04

Committee of Conference Report on HB 373, an act relative to surety bonds for detective agencies and security services.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 Surety Bond. Amend RSA 106-F:9 to read as follows:

106-F:9 Surety Bond. The surety bond required by this section shall be so conditioned that the person bonded shall conduct his or her business in a lawful and honest manner without committing, compounding, aiding or abetting the commission of any criminal offense. Said bond shall be filed with and kept by the secretary of state and shall be subject to being sued upon by the attorney general of the state in the name of the state or sued upon by any person injured by a breach of any condition of such bond designed to protect such person. The principal sum of the bond shall be [$10,000] $50,000, which shall be increased by [$10,000] $50,000 for each additional type of license held by any person licensed under this chapter.

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Prescott, Dist. 19 Rep. Dodge, Rock. 4

Sen. D’Allesandro, Dist. 20 Rep. C. Hall, Hills. 18

Sen. Flanders, Dist. 7 Rep. Robertson, Rock. 20

Rep. Landers, Coos 2

2001-1752-CofC

AMENDED ANALYSIS

This bill revises the law governing professional bondsmen to provide greater oversight and administration by the secretary of state, and increases the surety bond for detective agencies and security services from $10,000 to $50,000.

Senator Prescott moved adoption.

2001-1748-CofC

05/10

Committee of Conference Report on HB 385, an act changing the name, membership and duties of the office of volunteerism.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 385, an act changing the name, membership and duties of the office of volunteerism.

Sen. Eaton, Dist. 10 Rep. Hamel, Rock. 10

Sen. Francoeur, Dist. 14 Rep. Peterson, Hills. 8

Sen. Wheeler, Dist. 21 Rep. Dyer, Hills. 8

Rep. Drabinowicz, Hills. 36

Senator Eaton moved adoption.

2001-1705-CofC

05/10

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

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as passed by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Boyce, Dist. 4 Rep. Arnold, Hills. 20

Sen. Prescott, Dist. 19 Rep. Greenberg, Hills. 46

Sen. McCarley, Dist. 6 Rep. K. Hutchinson, Merr. 15

Rep. Ginsburg, Hills. 26

Senator Boyce moved adoption.

2001-1712-CofC

08/10

Committee of Conference Report on HB 426, an act relative to the voluntary scrapie flock certification program.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

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

Voluntary Scrapie Flock Certification Program

436:116 Program Goals; Applicable Federal Regulations. The voluntary scrapie flock certification program is a cooperative effort between APHIS (Animal and Plant Health Inspection Service, United States Department of Agriculture), participating state governments, and sheep and goat producing industries, established and maintained to reduce scrapie’s occurrence and spread, identify flocks that have been free of evidence of scrapie over specified time periods, and contribute to the eventual eradication of scrapie. Applicable federal regulations regarding the program and its requirements are contained in 9 CFR parts 54 and 79. Compliance with requirements outlined by this subdivision does not excuse program participants from compliance with the complete program requirements provided by 9 CFR parts 54 and 79.

436:117 Scrapie Certification Board; Membership; Meetings.

I. There is hereby established the state scrapie certification board which shall administer the voluntary scrapie flock certification program, review program enrollment applications and status advancement, review situations that may result in a reduction of certification status or dismissal from the program, educate producers regarding scrapie, and review and define policies regarding the administration of the program within the state.

II. The board shall consist of 9 members, including:

(a) The Area Veterinarian-in-Charge (federal Veterinarian), or designee;

(b) The state veterinarian, or designee;

(c) One practicing accredited veterinarian;

(d) One member of the university of New Hampshire cooperative extension; and

(e) Five goat or sheep producers, with no more than 3 members from either industry.

III. Members specified under subparagraphs II(c)-(e) shall be recommended by breed associations and registries, and the state veterinarian or the Area Veterinarian-in-Charge or AVIC designee, and appointed by the governor with the consent of the council.

IV. The board shall choose one of its members who is an enrolled producer to serve as its chairperson, and may choose such other officers as it deems expedient. All board members shall be voting members. Five members shall constitute a quorum.

V. Members specified under subparagraphs II(c)-(e) shall serve 3-year terms, except that the terms of no more than 3 such members may expire in any one calendar year. Original appointments for terms of less than 3 years may be made in order to comply with this limitation. Upon expiration of a member’s term, the member shall serve until a successor is qualified and appointed. There shall be no limit to the number of terms such members may serve. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Board members specified under subparagraphs II(c)-(e) may be removed for cause by the governor and council under RSA 4:1. The Area Veterinarian-in-Charge Designee and the state veterinarian shall be ex officio members.

VI. The board shall meet at least annually and quarterly if necessary, on or about the 15^th of the month, and at such other times as it may deem necessary. Prior to any meeting of the board, there shall be published an agenda for the meeting. Minutes of each meeting shall be taken and logged as board records.

VII. Complete board records shall be kept at the department of agriculture, markets, and food.

VIII. An updated list of participating state flocks and their classification with regard to flock category shall be included in the records of the board.

IX. The board shall submit a report to the house environmental and agriculture committee or its successor by February 15 of each year.

436:118 Application for Entry into the Program.

I. An applicant to the program shall submit a completed program application to the Area Veterinarian-in-Charge designee. Once the program application has been received, an authorized state veterinarian or the AVIC or AVIC designee shall inspect the flock for evidence of scrapie. The application shall be signed by a board subcommittee consisting of the state veterinarian, AVIC designee, and board chairperson. The board shall review the application package at the next regularly scheduled board meeting. The status date for initial flock enrollment shall be the date that the last signature is applied to the application for entry into the program. The complete application package shall include:

(a) A completed program application;

(b) An inventory of animals in the flock submitted by the flock owner and verified and signed by a state veterinarian or AVIC or AVIC designee, including at least official identification numbers, breed, and sex information as specified by the certification category for which applied;

(c) A written statement by an accredited veterinarian, if available, or a state veterinarian or AVIC or AVIC designee declaring that the flock is free of scrapie to the best of his or her knowledge; and

(d) An inspection report by an authorized state veterinarian or AVIC or AVIC designee, including verification of the information provided on the application by the flock owner and verification of the official identification of each animal listed in the application.

II. The state veterinarian or AVIC or AVIC designee shall provide each enrolling program participant and his or her accredited veterinarian with an educational scrapie review. Once approved to enter the program, a flock shall be issued an enrollment date. This date shall serve as the status date until the flock fails to meet any of the program standards.

436:119 Advancement in the Program.

I. When a flock has obtained a status that has met all of the program standards, the flock owner may apply to advance the flock to certified status. The board shall review advancement applications for movement from enrolled status to certified status at the next regularly scheduled board meeting.

II. The advancement application package shall include:

(a) A completed program advancement application form.

(b) An inspection report prepared by a state veterinarian or AVIC or AVIC designee.

(c) An inventory report submitted by the flock owner and verified and signed by a state veterinarian or AVIC or AVIC designee.

436:120 Maintenance of Status.

I. A flock’s status date shall be maintained if, during an annual inspection:

(a) Scrapie has not been diagnosed in the flock and the flock has not been deemed a source flock since its enrollment;

(b) The minimal requirements for the status currently held by a flock have been fulfilled; and

(c) The flock has only had acquisitions or commingling of animals approved for the current status.

II. If, during the year at the current status, a flock has not met the minimum requirements for the status currently held, the flock’s status date shall convert to the date when the flock was brought back into program compliance.

436:121 Downgrading of Status. The board shall recommend downgrading a participating flock’s status or removing it from the program if its owner or manager has not complied with the program standards, unless a compelling argument based upon sound scientific principles can be presented. A flock may reenter the program after fulfilling board-determined and program requirements.

436:122 Appeal. Owner-reported changes in flock status or status date due to flock additions or commingling shall be made as soon as possible following notification of the board or AVIC without review by the board unless the owner requests that the board perform a formal review at the time the acquisition or commingling is reported. The board shall give the owner of the flock an opportunity to present his or her views to the board before it makes its final recommendation regarding reduction or removal. The status of the flock, notification regarding a change in flock status, and any appeal of flock status shall be decided in accordance with 9 CFR parts 54 and 79.

436:123 Confidentiality.

I. The provisions of paragraph II 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.

II. 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 Disease of Domestic Animals; Investigations. Amend RSA 436:31 to read as follows:

436:31 Investigations. The commissioner shall cause systematic investigation, insofar as available funds will permit, to be made as to the existence of pleuropneumonia, foot and mouth disease, glanders, hog cholera, anthrax, black leg, hemorrhagic septicemia, rabies, scrapie, fowl cholera, European fowl pest, or any other infectious or contagious disease among cattle, horses, asses, mules, sheep, swine and all other domestic animals, and [he or his] the commissioner or the commissioner’s duly authorized agent may enter any premises, including stockyards within any part of the state in or at which [he] the commissioner has reason to believe that there exists or may exist any such disease and make search, investigation and inquiry in regard to the existence thereof.

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

The signatures below attest to the authenticity of this Report on, an act

Sen. D’Allesandro, Dist. 20 Rep. Melcher, Hills. 11

Sen. Gatsas, Dist. 16 Rep. O’Connell, Hills. 13

Sen. Roberge, Dist. 9 Rep. Babson, Carr. 5

Rep. B. Williams, Graf. 8

Senator D'Allesandro moved adoption.

2001-1720-CofC

01/04

Committee of Conference Report on HB 444, an act relative to mental health services and records.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act relative to mental health services and records.

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Pignatelli, Dist. 13 Rep. J. Pratt, Ches. 2

Sen. Fernald, Dist. 11 Rep. L. Jean, Hills. 17

Rep. Woods, Straf. 11

Senator Gordon moved adoption.

2001-1750-CofC

01/09

Committee of Conference Report on HB 450, an act relative to certain work product under the right-to-know-law.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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 lawsuit under the provisions of this chapter, when the court makes an affirmative finding that the lawsuit is in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Reid, Straf. 12

Sen. Prescott, Dist. 19 Rep. Soltani, Merr. 10

Sen. Fernald, Dist. 11 Rep. J. Pratt, Ches. 2

Rep. Herman, Hills. 13

Senator Gordon moved adoption.

2001-1733-CofC

05/01

Committee of Conference Report on HB 451, an act 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.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on, an act

Sen. Boyce, Dist. 4 Rep. Bickford, Straf. 1

Sen. Prescott, Dist. 19 Rep. Moran, Hills. 15

Sen. Wheeler, Dist. 21 Rep. Richardson, Ches. 12

Rep. Gile, Merr. 16

Senator Boyce moved adoption.

2001-1728-CofC

04/01

Committee of Conference Report on HB 475, an act establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 475, an act establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

Sen. Roberge, Dist. 9 Rep. K. Gilbert, Rock. 19

Sen. Prescott, Dist. 19 Rep. Knowles, Straf. 11

Sen. Pignatelli, Dist. 13 Rep. Tholl, Coos 5

Rep. Sargent, Hills. 3

Senator Roberge moved adoption.

2001-1731-CofC

05/01

Committee of Conference Report on HB 509, an act establishing a statute of limitations on spousal support orders.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 458:19, VII as inserted by section 3 of the bill by replacing it with the following:

VII. In cases where the court issues an order for permanent alimony for a definite period of time, such order may be renewed, upon the petition of either party, provided that such petition is made within 5 years of the termination date of the permanent alimony order. Nothing in this paragraph shall be construed to change or alter in any way the terms of the original alimony order.

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Dowling, Rock. 13

Sen. Roberge, Dist. 9 Rep. McHugh, Hills. 26

Sen. Pignatelli, Dist. 13 Rep. L. Johnson, Hills. 40

Rep. Allison, Sull. 10

Senator Gordon moved adoption.

2001-1702-CofC

03/09

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

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 543-FN, an act

Sen. Barnes, Dist. 17 Rep. E. Smith, Ches. 6

Sen. Johnson, Dist. 3 Rep. Rausch, Rock. 13

Sen. Hollingworth, Dist. 23 Rep. Morse, Rock. 28

Rep. C. Bouchard, Merr. 22

Senator Barnes moved adoption.

2001-1791-CofC

03/04

Committee of Conference Report on HB 578, an act relative to requirements for nonpublic utility providers of telephone services and competitive telecommunications providers, and relative to the information technology management advisory board.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend RSA 378:17-c, III as inserted by section 1 of the bill by deleting subparagraph (d).

Amend RSA 378:17-c, IV as inserted by section 1 of the bill by replacing it with the following:

IV. Nonpublic utility providers of telephone services using a PBX switch or similar equipment shall be considered telephone utilities for purposes of RSA 106-H:8. Nonpublic utility providers of telephone services shall comply with the telephone utility requirements of RSA 106-H:8 no later than January 1, 2007.

The signatures below attest to the authenticity of this Report on, an act

Sen. Roberge, Dist. 9 Rep. Thomas, Belk. 3

Sen. Boyce, Dist. 4 Rep. Sloan, Rock. 12

Sen. Below, Dist. 5 Rep. Leach, Hills. 9

Rep. Meader, Ches. 16

Senator Roberge moved adoption.

2001-1740-CofC

05/01

Committee of Conference Report on HB 585, an act relative to the membership and duties of the council on resources and development.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 162-C:1, VIII as inserted by section 2 of the bill by replacing it with the following:

VIII. The commissioner of the department of health and human services or a member of the senior management team.

Amend the introductory paragraph of RSA 162-C:2, XI as inserted by section 3 of the bill by replacing it with the following:

XI. Review the following actions by state agencies and ensure, in consultation with the long range capital planning and utilization committee established by RSA 17-M:1-3, that these actions are taken into consideration in the long range capital improvement program that is updated every 2 years in conjunction with the capital budget process, and provide recommendations to the governor

regarding whether the actions are consistent with New Hampshire’s smart growth policies under RSA 9-B:5:

The signatures below attest to the authenticity of this Report on, an act

Sen. Below, Dist. 5 Rep. Dyer, Hills. 8

Sen. Johnson, Dist. 3 Rep. Zolla, Rock. 13

Sen. Gatsas, Dist. 16 Rep. Schulze, Hills. 33

Rep. C. Hall, Hills. 18

Senator Below moved adoption.

2001-1734-CofC

08/04

Committee of Conference Report on HB 588, an act relative to examination of persons called as jurors.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Rockingham County Superior Court Jury Selection Pilot Program. There is established a pilot program regarding the examination of prospective jurors by judges and counsel. In addition to the provisions of RSA 500-A:12, the following provisions shall be incorporated into jury selection in Rockingham county superior court:

I. The court shall instruct the panel of prospective jurors prior to jury selection as to:

(a) The nature and purpose of the selection process.

(b) The nature of the case to be presented.

(c) The specific issues for resolution.

(d) A summary of the law to be used in their consideration of the evidence.

(e) Any controversial aspects of the trial likely to invoke bias.

II. Counsel for each party shall be allowed a reasonable amount of time to address the panel of prospective jurors for the purpose of explaining such party’s claims, defenses, and concerns in sufficient detail to prompt jury reflection, probing, and subsequent disclosure of information, opinion, bias, or prejudices which might prevent a juror from attaining the requisite degree of neutrality required.

III. The trial judge shall examine the prospective jurors. Upon completion of the judge’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. During any examination conducted by counsel for the parties, the trial judge shall permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the judge’s examination shall not preclude additional non-repetitive or non-duplicative questioning in the same area by counsel.

IV. The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the trial judge’s sound discretion. In exercising his or her sound discretion as to the form and subject matter of voir dire questions, the trial judge shall consider, among other criteria, any unique or complex elements, legal or factual, in the case and the individual responses or conduct of jurors which may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. Specific unreasonable or arbitrary time limits shall not be imposed. The trial judge shall permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. For purposes of this section, an "improper question" is any question which, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. A court shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel.

V. Each party shall have 5 peremptory challenges with which to remove prospective jurors.

VI. There shall be a voir dire review committee comprised of 2 members of the house of representatives, appointed by the speaker of the house, and 2 members of the senate, appointed by the president of the senate. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

VII. No later than December 1, 2003, the review committee shall report its findings on this program to the president of the senate, the speaker of the house, the governor, and the state library. The report shall include a recommendation to terminate, continue, or expand the program.

2 Repeal. Section 1, establishing the Rockingham county superior court jury selection pilot program, is repealed.

3 Effective Date.

I. Section 2 of this act shall take effect December 31, 2004.

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Larsen, Dist. 15 Rep. J. Pratt, Ches. 2

Sen. Roberge, Dist. 9 Rep. L. Jean, Hills. 17

Rep. Woods, Straf. 11

2001-1734-CofC

AMENDED ANALYSIS

This bill establishes a pilot program in Rockingham county superior court to change the procedure for the examination of prospective jurors.

Senator Gordon moved to nonconcur and discharge the Committee of Conference, and that we name a new Committee of Conference.

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

2001-1753-CofC

05/09

Committee of Conference Report on HB 603-FN-A, an act providing the commissioner of administrative services an option to self-fund the state employee health plan and requiring a reserve fund therefor.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 603-FN-A, an act providing the commissioner of administrative services an option to self-fund the state employee health plan and requiring a reserve fund therefor.

Sen. Burns, Dist. 11 Rep. Peterson, Hills. 8

Sen. Hollingworth, Dist. 23 Rep. Poulin, Merr. 14

Sen. Francoeur, Dist. 14 Rep. Schulze, Hills. 33

Rep. Wheeler, Hills. 7

Senator Burns moved adoption.

2001-1726-CofC

01/09

Committee of Conference Report on HB 643-FN, an act extending the moratorium on new nursing home beds.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and

That the Senate recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on HB 643-FN, an act

Sen. Boyce, Dist. 4 Rep. Batula, Hills. 18

Sen. Prescott, Dist. 19 Rep. Herman, Hills. 13

Sen. Wheeler, Dist. 21 Rep. Wendelboe, Belk. 2

Rep. S. Harris, Sull. 9

Senator Boyce moved adoption.

2001-1758-CofC

06/01

Committee of Conference Report on HB 649-FN, an act relative to compensation for time lost by state employees injured in the line of duty.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 New Section; Compensation for State Employees Injured in Line of Duty. Amend RSA 21-I by inserting after section 43 the following new section:

21-I:43-a Compensation for State Employees Injured in Line of Duty. Any injury received by any state employee who is injured in the line of duty by a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. The executive head of the employee’s agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. The compensation provided for in this section shall be in addition to any other compensation or remedy available to the employee.

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 or an act caused by another during the performance of duties which are considered dangerous in nature, 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 or an act caused by another during the performance of duties which are considered dangerous in nature, and [his] the commissioner’s decision is final, subject to approval of governor and council.

3 New Section; Compensation for Injuries in Line of Duty. Amend RSA 206 by inserting after section 26-b the following new section:

206:26-c Compensation for Injuries in Line of Duty. Any injury, which is due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, received by the executive director, any conservation officer, or any deputy conservation officer while on assignment, patrol, or official active duty which requires that the officer or executive director be hospitalized, or to the extent that the officer or executive director is unable to perform normal or routine duties, shall not be charged annual leave or sick leave for the time lost due to the injury. During such time the officer or executive director shall remain on the active payroll. The fish and game commission shall make any determination as to whether an injury is in the line of duty and due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by governor and council, the determination shall be final.

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

The signatures below attest to the authenticity of this Report on HB 649-FN, an act relative to compensation for time lost by state employees injured in the line of duty.

Sen. Prescott, Dist. 19 Rep. Langer, Merr. 11

Sen. Eaton, Dist. 10 Rep. Dyer, Hills. 8

Sen. Larsen, Dist. 15 Rep. Zolla, Rock. 13

Rep. Lent, Straf. 8

2001-1758-CofC

AMENDED ANALYSIS

This bill allows fish and game conservation officers and state police officers, and other state employees who are injured in the line of duty due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, to be compensated for time lost.

Senator Prescott moved adoption.

2001-1715-CofC

08/10

Committee of Conference Report on HB 676-LOCAL, an act establishing a committee to study the creation of a regional program for collection and marketing certain components of the municipal solid waste stream.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on HB 676-LOCAL, an act establishing a committee to study the creation of a regional program for collection and marketing certain components of the municipal solid waste stream.

Sen. Johnson, Dist. 3 Rep. O’Connell, Hills. 13

Sen. Eaton, Dist. 10 Rep. Phinizy, Sull. 7

Sen. Cohen, Dist. 24 Rep. Babson, Carr. 5

Rep. Cobb, Graf. 5

Senator Johnson moved adoption.

2001-1765-CofC

05/01

Committee of Conference Report on HB 702, an act relative to the duties of the committee to study the consumer protection effort in New Hampshire.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

7 Task Force Established. There is established a privacy task force to study privacy issues as they pertain to federal law including, but not limited to, the Health Insurance Portability and Accountability Act of 1966 (HIPAA) and the Gramm-Leach-Bliley Act of 1999 (GLBA) and existing state laws relative to privacy issues.

8 Membership and Compensation.

I. The members of the task force shall be as follows:

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

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

(c) The insurance commissioner, or designee.

(d) The secretary of state, or designee.

(e) The bank commissioner, or designee.

(f) The commissioner of the department of safety, or designee.

(g) The commissioner of the department of health and human services, or designee.

(h) The commissioner of the department of administrative services, or designee.

(i) The commissioner of the department of revenue administration, or designee.

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

(k) One representative of each of the following industries, appointed by the governor:

(1) Banking.

(2) Insurance.

(3) Securities.

(4) Real estate.

(5) Financial service providers.

(6) Hospitals.

(7) Physicians.

(8) Retail pharmacists.

(9) Other health care providers.

(l) Five members of the general public, appointed by the governor.

II. Legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

9 Duties. The task force 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 1966 (HIPAA) and the Gramm-Leach-Bliley Act of 1999 (GLBA). The task force shall also include in its study a review of existing state laws relative to privacy issues.

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

11 Report. The task force 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.

12 Effective Date.

I. Sections 1 and 7-11 of this act shall take effect upon its passage.

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

The signatures below attest to the authenticity of this Report on HB 702, an act relative to the duties of the committee to study the consumer protection effort in New Hampshire.

Sen. Prescott, Dist. 19 Rep. Hunt, Ches. 10

Sen. Wheeler, Dist. 21 Rep. Kurk, Hills. 5

Sen. Boyce, Dist. 4 Rep. L. Fraser, Merr. 9

Rep. Batchelder, Ches. 2

2001-1765-CofC

AMENDED ANALYSIS

This bill expands the duties of the committee established in 2001, 12 to include a review of exemptions to the state consumer protection act.

The bill also removes 3 members from the long-term care board and permits the remaining 13 members to choose up to 7 additional members to the board.

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

Senator Prescott moved adoption.

2001-1787-CofC

06/09

Committee of Conference Report on HB 703, an act relative to durable powers of attorney.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing section 1 with the following:

1 New Paragraphs; Prevention of Frauds and Perjuries; Powers of Attorney, Disability or Incompetence of Principal; Gifts; Durable Power of Attorney Document; Notification. Amend RSA 506:6 by inserting after paragraph IV the following new paragraphs:

V. An attorney in fact is not authorized to make gifts to the attorney in fact or to others unless the durable power of attorney explicitly authorizes such gifts.

VI. The following disclosure statement, signed by the principal, may accompany a durable power of attorney:

Notice to the Principal: As the ‘Principal,’ you are using this Durable Power of Attorney to grant power to another person (called the ‘Agent’ or ‘Attorney in Fact’) to make decisions, including, but not limited to, decisions concerning your money, property, or both, and to use your money, property, or both on your behalf. If this written Durable Power of Attorney does not limit the powers that you give to your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property, and to spend your money without advance notice to you or approval by you. Under this document, your agent will continue to have these powers after you become incapacitated, and unless otherwise indicated your Agent will have these powers before you become incapacitated. You have the right to retain this Power and not to release this Power until you instruct your attorney or any other person who may hold this Power of Attorney to so release it to your Agent pursuant to written instructions. You have the right to revoke or take back this Durable Power of Attorney at any time, so long as you are of sound mind. If there is anything about this Durable Power of Attorney that you do not understand, you should seek professional advice.

____________________________________________________

Principal

The language required by this paragraph shall not confer any powers to the agent that are not otherwise contained in the durable power of attorney.

VII. An agent, prior to acting in the capacity of agent, may execute and affix to the power of attorney an acknowledgment in substantially the following form:

I, _______________________________________, have read the attached power of attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that when I act as Agent or "attorney in fact," I am given power under this Durable Power of Attorney to make decisions about money, property, or both belonging to the Principal, and to spend the Principal’s money, property, or both on the Principal’s behalf, in accordance with the terms of this Durable Power of Attorney. This Durable Power of Attorney is valid only if the Principal is of sound mind when the Principal signs it. When acting in the capacity of Agent, I am under a duty (called a ‘fiduciary duty’) to observe the standards observed by a prudent person, which means the use of those powers that is reasonable in view of the interests of the Principal and in view of the way in which a person of ordinary judgment would act in carrying out that person's own affairs. If the exercise of my acts is called into question, the burden will be upon me to prove that I acted under the standards of a fiduciary. As the Agent, I am not entitled to use the money or property for my own benefit or to make gifts to myself or others unless the Durable Power of Attorney specifically gives me the authority to do so. As the Agent, my authority under this Durable Power of Attorney will end when the Principal dies and I will not have authority to manage or dispose of any property or administer the estate unless I am authorized to do so by a New Hampshire Probate Court. If I violate my fiduciary duty under this Durable Power of Attorney, I may be liable for damages and may be subject to criminal prosecution. If there is anything about this Durable Power of Attorney, or my duties under it, that I do not understand, I understand that I should seek professional advice.

____________________________________________

Agent

VIII. Nothing in paragraphs V-VII of this section shall render ineffective a durable power of attorney validly executed under New Hampshire law.

IX. A durable power of attorney validly executed under the laws of another state or foreign jurisdiction shall be deemed valid under New Hampshire law. Foreign powers of attorney shall be subject to the provisions of RSA 506:7.

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Rowe, Hills. 14

Sen. Roberge, Dist. 9 Rep. Mock, Carr. 3

Sen. Fernald, Dist. 11 Rep. Espiefs, Ches. 19

Rep. J. Pratt, Ches. 2

2001-1787-CofC

AMENDED ANALYSIS

This bill specifies that a durable power of attorney does not authorize an attorney in fact to make gifts unless the durable power of attorney explicitly authorizes such gifts. This bill also enacts explanatory language that may be included in a durable power of attorney.

This bill was requested by the department of health and human services.

Senator Gordon moved adoption.

2001-1781-CofC

03/09

Committee of Conference Report on HB 707, an act establishing a committee to study the usage of 211 as a uniform community service information and referral number.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 211 Commission Established.

I. There is hereby established a 211 commission to make recommendations on the design, development, and operation in New Hampshire of the 211 service code for community information and referral services.

II. The commission shall consist of 13 members as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house of representatives, at least 2 of whom shall be from the house science, technology, and energy committee.

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

(c) The executive director of the bureau of emergency communications, or designee.

(d) The consumer advocate, or designee.

(e) The commissioner of the department of health and human services, or designee.

(f) Four members appointed by the governor:

(1) One member representing incumbent local exchange carriers.

(2) One member representing statewide information and referral services.

(3) One member representing local information and referral services.

(4) One member representing specialized information and referral services.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. Members shall elect from among themselves a person to serve as commission chairperson and another to serve as commission vice-chairperson.

2 Duties of the 211 Commission.

I. The 211 commission shall make recommendations relative to the design, development, and operation of a statewide 211 information service that shall address, at a minimum, the issues of:

(a) Year-round, 24-hour, live response.

(b) Information and referral specialists who are trained and meet national standards for information and referral call processing.

(c) 211 service being available toll-free to all residents of the state.

(d) Immediate access to a comprehensive statewide database of service providers.

(e) Accommodation for citizens with special needs including, but not limited to, physical disabilities, language restrictions, TTY requirements, and specialized care.

(f) Utilization of existing local, specialized and statewide information and referral services in conjunction with implementing a statewide 211 program.

(g) Cooperative working relationships with 911 emergency services and governmental agencies such as the department of health and human services.

(h) Criteria for performance and service quality of the entities involved in the provision of 211 services.

(i) 211 services being operated in accordance with any national standards for community information and referral services adopted by the Alliance of Information and Referral Systems.

(j) The formation of an ongoing 211 commission.

(k) A proposed annual budget and potential funding sources to support 211 service.

II. The 211 commission shall review any available information from the public utilities commission regarding 211 service.

3 Report by 211 Commission. The 211 commission 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, the public utilities commission, and the state library. The 211 commission shall either file, and designate as such, a final report on or before December 1, 2001 or file, and designate as such, an interim report on or before December 1, 2001 and a final report on or before July 1, 2002.

4 Public Utilities Commission Action. The public utilities commission shall not pursue any proceedings relative to 211 service until the 211 commission established under this act issues its final report. The public utilities commission shall not impose any tax, fee, or surcharge directed towards 211 service until future legislation authorizing such action has passed.

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

The signatures below attest to the authenticity of this Report on HB 707, an act establishing a committee to study the usage of 211 as a uniform community service information and referral number.

Sen. Gordon, Dist. 2 Rep. J. Bradley, Carr. 8

Sen. Wheeler, Dist. 21 Rep. Thomas, Belk. 3

Sen. Flanders, Dist. 7 Rep. D. White, Hills. 25

Rep. Lynde, Hills. 24

Senator Gordon moved adoption.

2001-1704-CofC

10/09

Committee of Conference Report on HB 717, an act 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.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend the bill by replacing paragraph III of section 5 with the following:

III. 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.

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

8 Effective Date.

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

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

The signatures below attest to the authenticity of this Report on HB 717, an act 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.

Sen. Eaton, Dist. 10 Rep. Royce, Ches. 9

Sen. D’Allesandro, Dist. 20 Rep. Whalley, Merr. 5

Sen. Burns, Dist. 1 Rep. Dyer, Hills. 8

Rep. McGuire, Rock. 26

2001-1704-CofC

AMENDED ANALYSIS

This bill:

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

II. Increases the resident and nonresident OHRV registration fees for snow traveling vehicles.

Senator Eaton moved adoption.

2001-1680-CofC

03/09

Committee of Conference Report on HB 723, an act relative to vacancies in county offices

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Roberge, Dist. 9 Rep. Brundige, Hills. 18

Sen. Barnes, Dist. Dist. 17 Rep. M. Fraser, Merr. 21

Sen. O’Neil, Dist. Dist. 18 Rep. Lockwood, Merr. 9

Rep. Twombly, Straf. 16

Senator Roberge moved adoption.

2001-1771-CofC

04/10

Committee of Conference Report on HB 726-LOCAL, an act relative to change of school assignment and transfers of public school pupils.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

(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, provided that the following conditions are met:

The signatures below attest to the authenticity of this Report on HB 726-LOCAL, an act

Sen. Johnson, Dist. 3 Rep. Alger, Graf. 9

Sen. Gordon, Dist. 2 Rep. Carson, Rock. 29

Sen. Below, Dist. 5 Rep. Herman, Hills. 13

Rep. Yeaton, Merr. 10

Senator Johnson moved adoption.

2001-1754-CofC

05/09

Committee of Conference Report on HB 738, an act establishing a commission to assess the operating efficiency of state government.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Francoeur, Dist. 14 Rep. Poulin, Merr. 14

Sen. Roberge, Dist. 9 Rep. Robertson, Rock. 20

Sen. O’Neil, Dist. 18 Rep. Zolla, Rock. 13

Rep. Schulze, Hills. 33

Senator Francoeur moved adoption.

2001-1707-CofC

08/01

Committee of Conference Report on HB 758, an act relative to the sale of gasoline containing ethers.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Sen. Below, Dist. 5 Rep. J. Bradley, Carr. 8

Sen. Prescott, Dist. 19 Rep. Holbrook, Belk. 7

Sen. Johnson, Dist. 3 Rep. Norelli, Rock. 31

Rep. Blanchard, Rock. 33

Senator Below moved adoption.

2001-1692-CofC

01/10

Committee of Conference Report on SB 18, an act relative to termination of small trusts.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend RSA 564:15-a, III(c) as inserted by section 1 of the bill by replacing it with the following:

(c) For the purposes of this section, the term "small trust" shall not include a fund held by a town or other municipality under RSA 31:19 or a fund created by a town or other municipality under RSA 31:19-a.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Craig, Hills. 38

Sen. Roberge, Dist. 9 Rep. Rowe, Hills. 14

Sen. Pignatelli, Dist. 13 Rep. Reid, Straf. 12

Rep. Espiefs, Ches. 19

2001-1692-CofC

AMENDED ANALYSIS

This bill establishes a procedure for the termination of certain small trusts.

Senator Gordon moved adoption.

New committee of conference report on HB 354.

Senator Gordon moved adoption.

June 26, 2001

2001-1858-CofC

04/10

Committee of Conference Report on HB 354-FN-A-LOCAL, an act extending the kindergarten construction program.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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; Availability of Funds Amended. Amend RSA 198:15-r, II to read as follows:

II. Nothing in this subdivision shall prohibit the inclusion of the site and related facilities that are not eligible for funding by the state under this subdivision as part of kindergarten construction costs from being included in a regular building aid funding request as provided in RSA 198:15-b. However, no school district which receives funding for a kindergarten construction project under this subdivision shall be eligible to receive school building aid under RSA 198:15-b for the same project.

3 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] $28,500,000 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. $2,000,000 in the fiscal year ending June 30, 2003.

4 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] $28,500,000 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) $2,000,000 in the fiscal year ending June 30, 2003.

5 Kindergarten Construction Program; Penalty Provision. If, within 20 years of the completion of kindergarten facilities constructed under the kindergarten construction program as set forth in RSA 198:15-r through 198:15-t, a school district or city maintaining a school department discontinues the kindergarten program or uses these classrooms for other than kindergarten, it shall be required to pay back to the state 100 percent of the kindergarten construction grant payments received under such program. Upon a showing of good cause by the school district, the commissioner of education may waive this penalty in whole or part on a case by case basis.

6 Repeal. The following are repealed:

I. RSA 198:15-s, II, relative to kindergarten construction grant eligibility for existing public kindergarten programs.

II. RSA 198:15-r through RSA 198:15-t, relative to the kindergarten construction program.

7 Effective Date.

I. Paragraph II of section 6 of this act shall take effect July 1, 2004.

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

The signatures below attest to the authenticity of this Report on HB 354-FN-A-LOCAL, an act extending the kindergarten construction program.

Sen. Gordon, Dist. 2 Rep. Weyler, Rock. 18

Sen. Disnard, Dist. 8 Rep. Mercer, Hills. 27

Sen. Boyce, Dist. 4 Rep. Thulander, Hills. 6

Rep. Foster, Hills. 10

2001-1858-CofC

AMENDED ANALYSIS

This bill extends the kindergarten construction program through the fiscal year ending June 30, 2004 and increases by $6,000,000 the amount of the bonded appropriation for the kindergarten construction program. The bill also removes eligibility for existing kindergarten programs, and repeals the kindergarten construction program in its entirety effective July 1, 2004.

Senator Gordon moved adoption.

2001-1755-CofC

09/04

Committee of Conference Report on SB 51, an act relative to financial holding companies; cash dispensing machines; the participation in meetings by out-of-state, nondepository trust company directors; and a clarification of the status of student loans.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing section 3 with the following:

3 Committee to Study the Regulation of Cash Dispensing Machines.

I. There is established a committee to study the regulation of cash dispensing machines and their operators, servicing agents, and processors.

II.(a) The members of the committee shall be as follows:

(1) Two members of the house of representatives, appointed by the speaker of the house.

(2) Two members of the senate, appointed by the president of the senate.

(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The duty of the committee shall be to study the regulation of cash dispensing machines and their operators, servicing agents, and processors.

IV. 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 house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum.

V. 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, 2001.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Burns, Dist. 1 Rep. Hunt, Ches. 10

Sen. Fernald, Dist. 11 Rep. L. Fraser, Merr. 9

Sen. Larsen, Dist. 15 Rep. Taylor, Straf. 11

Rep. Keye, Hills. 30

Senator Burns moved adoption.

2001-1821-CofC

10/03

Committee of Conference Report on SB 53 an act relative to attorneys’ fees in certain circumstances under the workers’ compensation law.

Recommendation:

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 53, an act relative to attorneys’ fees in certain circumstances under the workers’ compensation law.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Klemm, Dist. 22 Rep. Gilman, Graf. 1

Sen. Burns, Dist. 1 Rep. Clegg, Hills. 23

Sen. Wheeler, Dist. 21 Rep. Bridle, Rock. 22

Rep. Goley, Hills. 37

Senator Burns moved adoption.

2001-1697-CofC

05/10

Committee of Conference Report on SB 68, an act relative to school district placements of children living in foster homes.

Recommendation:

That the House recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

Amend RSA 193:28, I as inserted by section 2 of the bill by replacing it with the following:

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Dearborn, Rock. 23

Sen. O’Hearn, Dist. 12 Rep. Colcord, Merr. 2

Sen. Disnard, Dist. 8 Rep. Sova, Graf. 11

Rep. C. Clarke, Merr. 4

Senator Gordon moved adoption.

2001-1690-CofC

03/01

Committee of Conference Report on SB 69-FN-A-LOCAL, an act relative to a New Hampshire Legal Assistance office in Nashua and making an appropriation therefor.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on SB69-FN-A-LOCAL, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Boyce, Dist. 4 Rep. Elliott, Hills. 2

Sen. Barnes, Dist. 17 Rep. Dudley, Graf. 14

Sen. O’Neil, Dist. 18 Rep. Woods, Straf. 11

Rep. Rice, Belk. 7

Senator Pignatelli moved that we discharge the Committee of Conference and form a new one.

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

2001-1711-CofC

05/10

Committee of Conference Report on SB 74, an act relative to providing services under the child protection act.

Recommendation:

That the House recede from its position in adopting its amendment to the bill, and

That the Senate and House each pass the bill as amended by the Senate.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Lyman, Carr. 5

Sen. Pignatelli, Dist. 13 Rep. Gile, Merr. 16

Sen. Roberge, Dist. 9 Rep. Gargasz, Hills. 22

Rep. Palermo, Rock. 21

Senator Gordon moved adoption.

2001-1817-CofC

03/10

Committee of Conference Report on SB 95, an act relative to campaign contribution limits.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 Political Calendar. Amend RSA 652:21 to read as follows:

652:21 Authority; Format. Prior to the state primary election, the secretary of state with the advice and approval of the attorney general shall prepare a political calendar for state and town elections setting forth the dates when action required under the election laws must be taken. [Any action taken by any candidate or official in connection with the election laws which shall be taken in accordance with the dates set forth in said calendar shall be deemed to be duly performed for the purposes of the election laws.] The expense of printing said political calendar shall be a charge upon the appropriation for the office of the secretary of state.

2 Political Expenditures and Contributions; Definitions; Independent Expenditures. Amend RSA 664:2, XI to read as follows:

XI. "Independent expenditures" means expenditures by a person, political committee, or other entity [expressly] advocating the election or defeat of a clearly identified candidate which are not made [without] in cooperation or consultation or conjunction or coordination with any candidate, or any authorized committee or agent of such candidate, and which are not made in [concert] coordination with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. As used in this paragraph, "clearly identified" means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference.

3 New Paragraph; Political Expenditures and Contributions; Definitions; Coordinated Expenditure. Amend RSA 664:2 by inserting after paragraph XVII the following new paragraph:

XVIII. "Coordinated expenditure" means an expenditure by a political party, a political committee of a political party, or other entity, on behalf of a candidate or candidate’s committee in a state primary or general election with the consent of the candidate. Any expenditure that is not an independent expenditure or direct expenditure shall be considered to be a coordinated expenditure.

4 Prohibited Political Contributions; General Limitations. Amend RSA 664:4, V to read as follows:

V. By any person (1) if in excess of $5,000 in value, except for contributions made by a candidate in behalf of his or her own candidacy, [or if in excess of $1,000 in value by any person or by any political committee to a candidate or a political committee working on behalf of a candidate who does not voluntarily agree to limit his campaign expenditures and those expenditures made on his behalf as provided in RSA 664:5-a,] (2) if made anonymously or under a name not that of the donor, (3) if made in the guise of a loan, (4) if any other manner concealed, (5) if made without the knowledge and written consent of the candidate or [his] the candidate’s fiscal agent, a political committee or its treasurer, or not to any one of the same.

5 Elections; Political Expenditures and Contributions; Reports; Reporting by Political Committee; Reporting by Candidates. RSA 664:6 and 664:7 are repealed and reenacted to read as follows:

664:6 Reporting by Political Committee.

I. Any political committee whose receipts of contributions or whose expenditures, including, without limitation, coordinated and independent expenditures on behalf of candidates and general operating expenditures of the committee, in support of or in opposition to a candidate, measure, or political party, exceed in the aggregate $500, shall file with the secretary of state an itemized statement, in accordance with the provisions of RSA 664:7-b. The statement shall be signed by the chairperson and treasurer of the political committee and shall list each contribution, in alphabetical order by the last name of the contributor, with the amount of the contribution, the date it was received, all of the information as is set forth in RSA 664:7-b, and the aggregate total for each election for each contributor. The statement shall be filed not later than the Wednesday 12 weeks immediately preceding a primary election, before 5 o’clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. The statement shall contain the date of each expenditure, the name and address of the person or entity to whom each expenditure was made, the name of the candidate in whose behalf or against whom each expenditure was made, the amount of each expenditure, the purpose of each expenditure, and the aggregate amount of all previous expenditures.

II. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the Wednesday 3 weeks immediately preceding a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the statement filed pursuant to paragraph I, if any, and shall itemize all receipts of contributions and expenditures made since the cutoff of the statement filed pursuant to paragraph I up until the Monday preceding the filing of the statement under this paragraph.

III. A statement in the same form as in paragraph I shall be filed with the secretary of state not later than the Wednesday immediately preceding a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the statements filed pursuant to paragraphs I and II, if any, and itemize all receipts of contributions and expenditures made since the cutoff of the statement filed pursuant to paragraph II up until the Monday preceding the filing of the statement under this paragraph. In addition to the reporting requirements contained in this section, the fiscal agent shall notify the secretary of state within 24 hours of any contributions exceeding $500 that are received after the statement under this paragraph is filed and prior to the day of election.

IV. An itemized statement in the same form as in paragraph I shall be filed with the secretary of state not later than the second Wednesday after a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the previous statements, if any, and itemize all receipts of contributions and expenditures made since the cutoff of the previous report up until the day of the primary or general election.

V. Any political committee whose receipt of contributions or expenditures in the aggregate do not exceed $500 for a reporting period need not file. However, when a committee’s accumulated receipts of contributions or expenditures for an election in the aggregate exceed $500, the committee shall file a statement at the next reporting deadline.

VI. Any political committee that has any outstanding debt, obligation, or surplus following the election shall file reports at least once every 6 months thereafter in the same form as in paragraph I until the obligation or indebtedness is entirely satisfied or surplus deleted, at which time a final report shall be filed.

VII. In addition to the itemized statements required by paragraphs I-VI of this section, any political committee whose independent expenditures, in aggregate, exceed $500 shall file an itemized statement with the secretary of state not later than 24 hours after such expenditures are made, and thereafter each time a further $500 is expended. Such itemized statements shall cover the period during which independent expenditures totaling $500 were made. Each statement shall include a certification by the political committee that the independent expenditure meets the definition in RSA  664:2, XI. Each statement shall contain the date of each independent expenditure; the name and address of the person to whom the expenditure was made; the name of the candidate on whose behalf or against whom each expenditure was made; the amount of each expenditure; the purpose of each expenditure and the aggregate amount of all previous independent expenditures. If the independent expenditure is made in support of or to oppose more than one candidate, the statement made under this paragraph shall allocate the way in which the expenditure was made among the candidates on a reasonable basis. For the purposes of this paragraph, "reasonable basis" means a statement which reflects the benefit or the burden reasonably expected to be derived or suffered by each candidate. The filing requirements of this paragraph shall be in addition to all other filing requirements under this section, and shall not be limited to the filing periods during which expenditures must otherwise be reported.

VIII. Copies of the statements required by paragraphs I through VII of the state committee of a political party shall be filed with the secretary of state in sufficient numbers so as to provide a copy for the state committee of each party on the ballot, which they may obtain by application to the secretary of state.

IX. Any national political committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through VII, provided that the total contribution or expenditure made in behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4.

X. The provisions of this paragraph shall apply only to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only. Such a committee, which is required by federal law to file with the federal government reports relative to receipts of contributions and expenditures in support of such one candidate, may choose, at the time of registering under RSA 663:3, I, to file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports in lieu of complying with the other reporting requirements of this section.

664:7 Reporting by Candidates.

I. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who receives contributions or makes expenditures in the aggregate that exceed $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, I-VI, excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries. Any candidate who files expenditure reports pursuant to the provisions of this paragraph, and who pays more than $5,000 to any person who makes expenditures on behalf of the candidate, shall file an itemized account of the expenditures made by the person on behalf of the candidate in the expenditure report filed on the Wednesday preceding the primary or general election.

II. The candidate shall report all contributions received and expenditures made for the purpose of exploring or promoting such candidacy in the first report filed.

6 New Sections; Political Expenditures and Contributions; Reports; Form of Contributions; Content of Disclosure Reports; Campaign Finance Disclosure Record. Amend RSA 664 by inserting after section 7 the following new sections:

664:7-a Form of Contributions. No contribution may be accepted unless accompanied by the disclosure information set forth in RSA 664:7-b.

664:7-b Content of Disclosure Reports. All contributions reported pursuant to RSA 664:6 or RSA 664:7 shall be listed on forms or other means prescribed by the secretary of state. The listing for each contribution exceeding $50 shall include disclosure information. The disclosure information shall include the name; home or post office address; employer, business organization, or primary source of income; post office address of employer or business; and occupation of the contributor. Contributions shall be categorized as in-state or out-of-state. A summary of the contribution totals by category shall be included with each scheduled report. The report shall also list the aggregate total received from each contributor whose total contributions exceed $100 and the contributor’s disclosure information. All expenditures, as defined in RSA 664:2, IX and XIX, shall be reported in similar detail on forms or other means prescribed by the secretary of state.

664:7-c Campaign Finance Disclosure Record.

I. Disclosure reports required under RSA 664:6 and RSA 664:7 of candidates for governor and any disclosure reports filed by candidates for United States senator and representative to Congress may be filed in electronic format. The secretary of state shall enter these reports into an electronic campaign finance disclosure record. The secretary of state shall ensure that these disclosure reports are available through the official Internet site of the state of New Hampshire. Such reports shall also be available for paper or electronic copying at a reasonable cost.

II. The secretary of state shall compile and maintain separate cumulative disclosure reports filed under this subdivision by political committees, political committees of political parties, and candidates for executive councilor, state senator, state representative, and county office.

7 Examination of Statements of Receipts and Expenditures. Amend RSA 664:19 to read as follows:

664:19 Examination of Statements of Receipts and Expenditures. It shall be the duty of the attorney general to obtain and examine the returns of election receipts and expenditures which are made to the secretary of state and to compel such returns be made to comply with the law.

8 Political Expenditures and Contributions; Applicability of Chapter; Limitations Deleted. Amend RSA 664:1 to read as follows:

664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general, and special elections, but shall not apply to presidential preference primaries. The provisions relating to political advertising, RSA 664:14 through 17-a, shall additionally apply to city, town, school district, and village district elections. [The provisions relating to voluntary expenditure limitations, RSA 664:5-a and 664:5-b, shall additionally apply to elections for United States senator and representative to Congress.]

9 Political Expenditures and Contributions; Penalty. Amend RSA 664:21, IV-V to read as follows:

IV. [In addition to the fines levied under paragraph I,] Any person who fails to file any report or statement on the date on which the report or statement is due under this chapter shall be subject to a daily fine of $25 for every weekday for which the report or statement is late and until the report or statement is actually filed, except that candidates for the general court shall be subject to a daily fine of $5 under this paragraph.

V. [The provisions of this paragraph shall apply to violations of this chapter other than the violation of RSA 664:5-a and 5-b, and] A person liable under the provisions of this paragraph shall not also be subject to the penalties imposed under [paragraphs I, II and] paragraph IV. Any person who [otherwise] violates any provision of this chapter shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.

10 Nominations; Incompatible Offices; Return of Fee. Amend RSA 655:10 to read as follows:

655:10 Incompatible Offices. No person shall file declaration of candidacy or primary petitions for nomination at the primary for incompatible offices. For the purposes of this section incompatible offices shall include the offices of governor, representative to the general court, state senator, and councilor. If any person shall file for such incompatible offices, the secretary of state shall advise the person of the provisions hereof and said person shall then advise the secretary of state which of said offices [he] the person wishes to retain in order to seek said nomination. If [a filing fee] an administrative assessment has been paid for a declaration of candidacy which [he] the person declines the fee shall be returned to [him] the person. No person shall seek or hold the position as a member of the general court and county commissioner at the same time. No person shall hold 2 of the offices mentioned in RSA 655:9 at the same time, and the acceptance of one of them shall be a resignation of the others.

11 Nominations; Posting Notice of Primary; Administrative Assessment. Amend RSA 655:12 to read as follows:

655:12 Posting Notice of Primary. Each city clerk shall distribute [such] the notices required by RSA 655:11 to the ward clerks in [his] the city. Each town and ward clerk shall, within 10 days after the receipt of such notice, cause notice of such primary to be posted in 2 public places in [his] the town or ward. Such notice shall prescribe the hour the polls are to open and the hour before which they may not close as provided in RSA 659. It shall state the offices for which candidates are to be nominated, the delegates to be elected, and any questions to be voted on, as well as the location of the central polling place and of any additional polling places. It shall also state the date before which declarations of candidacy must be filed to place names upon the ballots to be used at such primary, the officers with whom they must be filed, the [fees] administrative assessments to be paid at the time of filing such papers, and the number of primary petitions which may be submitted in lieu of the [filing fees] administrative assessments.

12 Nominations; Filing: General Provisions; Fees and Petitions Deleted. Amend RSA 655:14 to read as follows:

655:14 Filing: General Provisions. The name of any person shall not be printed upon the ballot of any party for a primary unless [he] the person is a registered member of that party, [he] the person shall have met the age and domicile qualifications for the office he or she seeks at the time of the general election, [he] the person meets all the other qualifications at the time of filing, and [he] the person shall file with the appropriate official between the first Wednesday in June and the Friday of the following week a declaration of candidacy as provided in RSA 655:17[, and

I. The appropriate filing fee as provided in RSA 655:19; or

II. The appropriate number of primary petitions as provided in RSA 655:20 and 655:22 and an assent to candidacy as provided in RSA 655:25].

13 Nominations; Administrative Assessment, Primary Petitions, and Nomination Papers. Amend RSA 655:19-c to read as follows:

655:19-c Administrative Assessment; Primary Petitions; Nomination Papers.

I. Candidates for governor, United States senator, representative to Congress, executive councilor, state senator, county officer, and state representative who file declarations of candidacy shall pay the administrative assessment in paragraph I or file primary petitions as provided in paragraph III [in addition to the filing fee and primary petition requirements of RSA 655:19 and 655:20]. Candidates for governor, United States senator, representative to Congress, executive councilor, state senator, county officer, and state representative who file declarations of intent shall pay the administrative assessment in paragraph I [in addition to the filing fee required by RSA 655:19] and shall meet the requirements of RSA 655:40-45 for nomination by nomination papers. [Neither the administrative assessment which is paid nor the primary petitions which are filed under this section, nor the nomination papers which must be submitted under RSA 655:41 and filed under RSA 655:43, shall be waived or refunded for a candidate for any of the offices listed in this section who, pursuant to RSA 664:5-a, voluntarily accepts the expenditure limitation set forth in RSA 664:5-b.] At the time of filing declarations of candidacy or declarations of intent, the administrative assessment shall be as follows:

(a) For governor and United States senator, $100.

(b) For representative to Congress, $50.

(c) For executive councilor, $25.

(d) For state senator, $10.

(e) For county officer, $10.

(f) For state representative, $2.

II. The administrative assessment paid to a town or city clerk by candidates for state representative shall be forwarded to the treasurer of the town or city and shall be for the use of the town or city. The administrative assessment paid to the secretary of state shall be deposited by [him] the secretary of state into the general fund.

III. Any person otherwise qualified to run for office who chooses not to pay the administrative assessment as prescribed in paragraph I may have his or her name printed on the primary ballot of any party by filing with the appropriate official the requisite number of primary petitions made by members of the party, together with one written assent to candidacy. The number of primary petitions to be filed for each office shall be as follows: for governor and United States senator, 200; for representative in Congress, 100; for executive councilor and county officer, 50; for state senator, 20; for state representative, 5. Candidates for delegate to the state convention shall not be required to submit any primary petitions.

14 Write-In Votes and Nomination; Filing Fees Deleted. Amend RSA 659:88, I(b) to read as follows:

(b) A person whose name was not printed anywhere on the official state primary election ballot, and who receives the nomination of a party by write-in vote in a primary election and wishes to accept the nomination, shall file a declaration of candidacy with the secretary of state no later than the second Monday after the primary. The declaration of candidacy shall be filed with the understanding that, where the form says "primary election," it shall be construed to mean "general election." [A person who files a declaration of candidacy under this section shall be subject to the requirements of RSA 655:19 and 655:19-b relative to filing fees. The person may have the filing fee waived if he is unable to pay the fee by reason of indigency.] Such person shall not[, however,] be required to pay the administrative assessment under RSA 655:19-c.

15 Repeal. The following are repealed:

I. RSA 655:19, relative to filing fees.

II. RSA 655:19-b, relative to waiver of filing fee and primary petitions.

III. RSA 655:20, relative to primary petitions.

IV. RSA 655:22, relative to number of petitions.

V. RSA 664:4, II, relative to prohibited political contributions by partnerships.

VI. RSA 664:5-a, relative to limitations on political expenditures.

VII. RSA 664:5-b, relative to political expenditure limitation amounts.

VIII. RSA 664:21, I-II, relative to campaign expenditure limitation penalties.

IX. 1998, 135, relative to waiver of filing fees and petitions for state candidates.

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

The signatures below attest to the authenticity of this Report on SB 95, an act relative to campaign contribution limits.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Roberge, Dist. 9 Rep. Clegg, Hills. 23

Sen. Barnes, Dist. 17 Rep. Arndt, Rock. 27

Sen. Francoeur, Dist. 14 Rep. Pappas, Hills. 48

Rep. Clemons, Hills. 31

2001-1817-CofC

AMENDED ANALYSIS

This bill:

I. Defines coordinated expenditures and changes the definition of independent expenditure.

II. Modifies the reporting requirements for political committees and candidates and defines the content of mandatory campaign finance disclosure reports.

III. Repeals the voluntary campaign expenditure limitation and filing fee provisions.

Senator Roberge moved adoption.

2001-1849-CofC

10/09

Committee of Conference Report on SB 111-FN, an act extending the term for the payment of group health insurance premiums for certain retired members of the retirement system.

Recommendation:

That the Senate recede from its position of nonconcurrence with the House amendment, and concur with the House amendment, and

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 111-FN, an act

Sen. Francoeur, Dist. 14 Rep. Dyer, Hills. 8

Sen. Flanders, Dist. 7 Rep. Zolla, Rock. 13

Sen. Hollingworth, Dist. 23 Rep. Poulin, Merr. 14

Rep. Drabinowicz, Hills. 36

Senator Francoeur moved adoption.

2001-1789-CofC

01/09

Committee of Conference Report on SB 118, an act relative to individual health insurance coverage.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend RSA 420-G:4, I(a)(2)(B) as inserted by section 2 of the bill by replacing it with the following:

(B) The maximum differential due to health status shall be 1.5 to 1 and the maximum differential rate due to tobacco use shall be 1.5 to 1. Rate limitations based on health status do not apply to rate variations based on an insured’s status as a tobacco user.

Amend RSA 404-G:5-e as inserted by section 10 of the bill by replacing it with the following:

404-G:5-e Eligibility.

I. An individual who is a New Hampshire resident shall be eligible for coverage through the high risk pool if:

(a) The individual has applied to a carrier of individual health insurance for coverage that is substantially similar to the coverage that is available through the pool, and the carrier has refused to write or issue that coverage to that individual because of his or her health or medical condition;

(b) The individual has applied to a carrier of individual health insurance for coverage that is substantially similar to the coverage that is available through the pool, and such application has been accepted, but at a premium rate exceeding the rate available through the pool;

(c) The individual has a history of any medical or health condition that is on a list adopted by the association, or

(d) The individual is an "eligible individual" as defined in section 2741(b) of the Public Health Service Act.

II. The association shall promulgate a list of medical or health conditions for which a person shall be eligible for plan coverage without applying for health insurance coverage. Persons who can demonstrate the existence or history of any medical or health conditions on the list promulgated by the association shall not be required to provide evidence of a notice of rejection or refusal. The list shall be effective on the first day of the operation of the pool and may be amended from time to time as may be appropriate.

III. Each resident dependent of a person who is eligible for pool coverage shall also be eligible for pool coverage. If the primary insured is a child, resident family members shall also be eligible for pool coverage.

IV. New Hampshire residents who are insured through an individual policy shall be eligible for pool coverage only if the rate assessed by the individual carrier exceeds the pool rate.

V. An individual shall not be eligible for coverage under the pool if:

(a) The individual is eligible for employer sponsored health coverage, including continuation of group coverage, as either an employee or an eligible dependent; or

(b) The individual is eligible for publicly funded health insurance coverage, including Medicare, Medicaid or Title XXI; or

(c) The individual’s premiums are paid for or reimbursed by the health care provider, except if the person is an "eligible individual" as defined in section 2741(b) of the Public Health Service Act.

VI. Coverage shall cease:

(a) On the date a person is no longer a resident of this state;

(b) On the date a person requests coverage to end;

(c) Upon the date a person dies;

(d) On the date state law requires cancellation of the policy; or

(e) After the second of 2 successive inquiries made by the plan concerning the person’s eligibility or place of residence to which the person does not reply provided the person has 90 days to respond to each inquiry.

Amend the bill by replacing sections 16 and 17 with the following:

16 New Section; Healthy Kids Corporation Expanded. Amend RSA 126-H by inserting after section 6 the following:

126-H:6-a Healthy Kids Subcommittee Established.

I. The department of health and human services shall work with a subcommittee that is comprised of appropriate members of the board and that includes other members as follows:

(a) One member appointed by the New Hampshire Medical Society.

(b) One member appointed by the New Hampshire Nurses Association.

(c) One member appointed by the Home Care Association of New Hampshire.

(d) One member from a community health center appointed by the Bi-State Primary Care Association.

(e) One member appointed by the New Hampshire HMO Association.

(f) One member appointed by the University of New Hampshire School of Health and Human Services.

(g) Two consumers appointed by the governor and council.

II. The members appointed pursuant to subparagraph I(g) shall be appointed to a 2-year term.

III. The subcommittee shall:

(a) Review information on the characteristics of New Hampshire’s uninsured population, based on the results of the New Hampshire Health Insurance Coverage and Access Survey.

(b) Identify, based on the Health Insurance Coverage and Access Survey, the population groups and geographic areas that are most appropriately targeted.

(c) Examine models for affordable health coverage, including models from other states.

(d) Identify options that would be most effective.

(e) Develop cost projections for those options.

(f) Research the level of premium contributions that eligible individuals would be willing to pay.

(g) Identify potential sources of funding.

IV. The subcommittee shall elect annually from among the members a chairperson. The first meeting of the subcommittee shall be called by the commissioner of health and human services. The department of health and human services shall provide administrative staff support. The department of health and human services and the corporation shall jointly seek funding to support the subcommittee’s work.

V. The subcommittee shall make an annual report relative to 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 beginning November 1, 2002.

17 Purpose and Scope of Healthy Kids Corporation Expanded. Amend RSA 126-H:2 to read as follows:

126-H:2 Corporation Established. There is hereby created a body politic and corporate having a distinct legal existence separate from the state and not constituting a department of state government, to be known as the New Hampshire healthy kids corporation to carry out the provisions of this chapter. The corporation is hereby deemed to be a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of public and essential governmental functions of the state. [The corporation shall operate at no more than 5 pilot sites to be designated by the corporation, which sites may include multiple school districts.] The corporation shall be a private nonprofit corporation and shall have all the powers necessary to carry out the purposes of this chapter, including, but not limited to, the power to receive and accept grants, loans, or advances of funds from any public or private agency and to receive and accept from any source, contributions of money, property, labor, or any other thing of value, to be held, used, and applied for the purposes of this chapter. Notwithstanding any other provision of law, any payments made by the corporation for insurance coverage for children under this chapter, either directly or indirectly, shall be exempt from the premium tax under RSA 400-A:32.

The signatures below attest to the authenticity of this Report on SB 118, an act relative to individual health insurance coverage.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Francoeur, Dist. 14 Rep. Hunt, Ches. 10

Sen. Burns, Dist. 1 Rep. Martha Fuller Clark, Rock. 36

Sen. D’Allesandro, Dist. 20 Rep. Marshall Quandt, Rock. 20

Rep. Francoeur, Rock. 22

2001-1789-CofC

AMENDED ANALYSIS

This bill establishes the health insurance risk pool for the purposes of individual health insurance coverage.

This bill also updates the mission statement of the healthy kids corporation and places the healthy kids subcommittee into the statutes.

Senator Francoeur moved adoption.

2001-1759

01/10

Committee of Conference Report on SB 119, an act relative to small group health insurance coverage.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

3 New Paragraph; Limited Open Enrollment; Certain Small Employers. Amend RSA 420-G:8 by inserting after paragraph I the following new paragraph:

I-a. Small employers who are self-employed individuals shall have 2 open enrollment periods that shall occur during the months of March and September of each calendar year. During these periods, health carriers shall make their plans available to these employers for effective dates beginning on the first day of the month following the open enrollment period. Self-employed individuals who seek coverage during other times of the year shall be treated as late enrollees.

4 Effective Date.

I. Section 3 of this act shall take effect July 1, 2002.

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

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Francoeur, Dist. 14 Rep. Hunt, Ches. 10

Sen. Burns, Dist. 1 Rep. M. Fuller Clark, Rock. 36

Sen. D’Allesandro, Dist. 20 Rep. Herman, Hills. 13

Rep. Francoeur, Rock. 22

Senator Francoeur moved adoption.

2001-1700-CofC

08/01

Committee of Conference Report on SB 130-FN, an act extending the period in which an expired electrician’s license may be renewed.

Recommendation:

having considered the same, report the committee is unable to reach agreement.

The signatures below attest to the authenticity of this Report on SB 130-FN, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Prescott, Dist. 19 Rep. Poulin, Merr. 14

Sen. O’Neil, Dist. 18 Rep. C. Hall, Hills. 18

Sen. Francoeur, Dist. 14 Rep. Dyer, Hills. 8

Rep. Schulze, Hills. 33

Senator Prescott moved adoption.

2001-1687-CofC

05/10

Committee of Conference Report on SB 139, an act relative to uniform electronic transactions.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as passed by the House, and pass the bill as so amended:

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

4 Contingency. If HB 745 of the 2001 legislative session becomes law, then section 2 of this act shall not take effect. If HB 745 of the 2001 legislative session does not become law, then section 2 of this act shall take effect 60 days after its passage.

5 Effective Date.

I. Section 2 of this act shall take effect as provided in section 4.

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

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Boyce, Dist. 4 Rep. Hunt, Ches. 10

Sen. Gordon, Dist. 2 Rep. L. Fraser, Merr. 9

Sen. D’Allesandro, Dist. 20 Rep. M. Fuller Clark, Rock. 36

Rep. Langley, Rock 24

Senator Boyce moved adoption.

2001-1737-CofC

05/01

Committee of Conference Report on SB 148, an act relative to certain penalties for violations of the youth tobacco laws.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

Amend the bill by replacing sections 1 - 4 with the following:

1 Sale and Distribution of Tobacco Products to Minors Prohibited; License Revocation. Amend RSA 126-K:4, II to read as follows:

II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $ 750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

2 Distribution of Free Samples of Tobacco Products to Minors; License Revocation. Amend RSA 126-K:5, III to read as follows:

III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the sampler’s license shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

3 Youth Access to Tobacco Products; Special Provisions; Penalty Provisions Amended. Amend RSA 126-K:8, IV to read as follows:

IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

4 Vending Machines; License Revocation. Amend RSA 78:12-d, VII to read as follows:

VII. Violations of this section shall be civil infractions punishable by administrative action by the commissioner against the licensee. Fines for violations of paragraphs I-V shall be no more than $100 for a first offense and no more than $200 for a second offense. For the third offense, the commissioner shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commissioner shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commissioner shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee’s record and counting violations that have occurred within 3 years of the date of the violation being considered.

The signatures below attest to the authenticity of this Report on, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Roberge, Dist. 9 Rep. Hunt, Ches. 10

Sen. Fernald, Dist. 11 Rep. Fraser, Merr. 21

Sen. Prescott, Dist. 19 Rep. Belanger, Rock. 26

Rep. Batchelder, Ches. 2

Senator Roberge moved adoption.

2001-1827-CofC

04/10

Committee of Conference Report on SB 164-FN-A-LOCAL, an act establishing a comprehensive statewide accountability system concerning an adequate education.

Recommendation:

That the House recede from its position in adopting its amendment to the bill, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Statement of Purpose. The general court finds that in order to ensure a balance between education improvement and assessment and an adequate public education, it is necessary to establish a comprehensive, statewide educational accountability system that shall include:

I. Statewide performance goals for all pupils.

II. Statewide systematic measurement of school performance at the state and local levels using multiple valid measures.

III. Reporting on pupil performance at the school, school district, and state levels.

IV. The development, implementation, and evaluation, with broad input from community teams, of local education improvement and assessment plans designed to meet state goals and other criteria for making progress, and any performance goals developed locally to meet identified educational needs.

V. The opportunity for schools that are not making satisfactory progress toward statutory performance goals to receive assistance from the state.

2 New Chapter; School Performance and Accountability. Amend RSA by inserting after chapter 193-F the following new chapter:

CHAPTER 193-G

School Performance and accountability

193-G:1 Definitions. In this chapter:

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

II. "Department" means the department of education.

III. "NHEIAP" means the New Hampshire education improvement and assessment program as established under RSA 193-C.

193-G:2 Statewide Performance Goals. A school should meet, exceed, or make satisfactory progress as defined in this section, for each of the following performance goals:

I. All pupils should, at a minimum, perform at grade level on the reading component of the statewide assessment administered in grade 3 pursuant to RSA 193-C:3.

(a) For pupils with disabilities who qualify for the alternate version of the statewide assessment, performance at the adequate level shall be based on the communication component of the alternate assessment.

(b) For pupils whose native language is other than English and whose English language reading ability prevents them from participating in the statewide assessment, school districts, in conjunction with the department, should make a reasonable effort to provide an alternate assessment of each pupil’s reading ability in the pupil’s native language. If an alternate assessment is provided, the school district shall report pupil performance to the department of education for inclusion in school, district, and state third grade reading reports. If it is not feasible to administer the assessment in the pupil’s native language, then the pupil may be excused from the assessment.

II. Pupils should, at a minimum, perform at the basic and above levels in the designated academic areas assessed on the statewide tests administered at the following grades in accordance with RSA 193-C at the following rates:

(a) 70 percent in English language arts in grade 3.

(b) 70 percent in mathematics in grade 3.

(c) 70 percent in English language arts in grade 6.

(d) 70 percent in mathematics in grade 6.

(e) 55 percent in science in grade 6.

(f) 65 percent in social studies in grade 6.

(g) 70 percent in English language in grade 10.

(h) 60 percent in mathematics in grade 10.

(i) 55 percent in science in grade 10.

(j) 50 percent in social studies in grade 10.

(k) The most recent 3-year rolling averages shall be used to determine if a school is meeting the academic-area statewide assessment performance goals that apply to it, except that if 3-year rolling averages are not available for a particular school, either 2-year averages or, if 2-year averages are not available, a single year’s data shall be used for this purpose.

III. Pupils should, at a minimum, attend school at the following rates:

(a) 95 percent for elementary schools.

(b) 94 percent for middle schools and junior high schools.

(c) 92 percent for high schools.

(d) The appropriate grade-range attendance rate collected by the department at the district level shall be used as the school attendance rate in districts that have multiple schools at a particular grade range.

IV. The percentage of pupils who drop out of school annually should not exceed the following rates:

(a) 0.5 percent for middle schools and junior high schools.

(b) 5 percent for high schools.

(c) The department shall calculate and report the annual dropout rate as a percentage based on the reported number of pupils who dropped out of school and did not return during a one year period as compared to the total school population.

V. The percentage of graduating pupils who go on to post-secondary education or military service should be at least 66 percent.

VI. Each school shall comply with the applicable standards for school approval adopted by the state board pursuant to RSA 21-N:9, I.

VII. "Satisfactory progress" means that for each school, the most recent 3-year rolling average shall be an improvement over the prior year’s 3-year rolling average, except that if a 3-year rolling average is unavailable for a particular school, either a 2-year average or, if a 2-year average is unavailable, 2 adjacent year’s data shall be used for this purpose. The use of a 3-year rolling average shall not be required for the first 2 years in which satisfactory progress is being measured.

VIII. On May 1, 2005, and annually thereafter, the commissioner shall determine if a school has demonstrated that it is making satisfactory progress toward, or has met or exceeded the performance goals established in this section. The criteria to be used to determine if a school is making satisfactory progress shall be established as follows:

(a) Not later than May 1, 2002, and every 3 years thereafter, based on generally accepted statistical procedures, the commissioner in conjunction with the state board of education shall determine and publish the criteria for making satisfactory progress in each of the areas established in paragraphs I-V. In making these determinations, consideration shall be given to the effect of school and grade-level enrollments and other relevant demographic data on the validity and comparability of the data collected and, to the extent feasible, the performance of discrete subgroups of pupils, including pupils with disabilities, limited English proficient pupils, and low income pupils.

(1) Satisfactory progress in meeting the reading performance goal established in paragraph I shall be based on the average of the mean-scaled scores obtained on the reading component of the grade 3 statewide assessment administered in accordance with RSA 193-C:3, IV(i). If a primary school does not include grade 3, then reading performance shall be based on the performance of the pupils from that school who attend grade 3 in the elementary school attended by the majority of the pupils from said primary school.

(2) Satisfactory progress in meeting the NHEIAP performance goals established in paragraph II shall be based on the mean-scaled scores obtained in the academic areas assessed at each grade level. If a school does not include a grade assessed in NHEIAP, then NHEIAP performance shall be based on the performance of the pupils from that school who attend the next highest NHEIAP grade level assessed in the school attended by the majority of the pupils from the school that does not include a grade assessed in NHEIAP.

(3) Satisfactory progress in meeting the performance goals established in paragraphs III-V shall be based on the rolling 3-year averages of performance in these areas.

(b) A school shall be considered to be making satisfactory progress in meeting the school approval standards specified in paragraph VI, if it either has been conditionally approved or granted a delay in full compliance by the state board.

IX. On May 1, 2005, and annually thereafter, the commissioner shall compile and disseminate to the governor and council, the general court, the state board, local school board chairpersons, superintendents of schools, school principals, and the public, a list of schools that are not making satisfactory progress in meeting the statewide performance goals set forth in RSA 193-G:3.

X. No later then January 1, 2006, and every 3 years thereafter, the state board shall submit to the education committees of the house and senate a report outlining the results of the state board’s review of the performance goals established in paragraphs I-VI together with any recommendations to the general court for changes in these goals that have been adopted by a majority of the state board. In conducting its review, the state board shall consider the statistical validity and comparability of using additional performance data collected at the school and district levels.

193-G:3 Aid to Schools.

I. A school district that is unable to meet or make satisfactory progress toward the statewide performance goals in RSA 193-G:2 may request assistance from the department of education, including financial assistance from the local education improvement assistance program established in RSA 193-G:4, for any school within the district. If a school district that is unable to make satisfactory progress toward meeting the statewide performance goals in RSA 193-G:2 does not request assistance, the department of education may initiate such review as it deems appropriate and, on the basis of such review, offer its assistance to the school district, but the school district shall not be required to accept such assistance.

II. A school district may request up to 3 years of assistance. A detailed plan and budget shall be submitted to the department of education. The department may offer aid in developing the plan and budget.

III. If a school district specified on the list required under RSA 193-G:2, IX has not submitted a request for assistance then, in a town, a warrant article may be presented to the school district governing body, in accordance with applicable statutory requirements in effect in the town for the petitioning of a warrant article, or, if in a city maintaining a school department within its corporate organization, a resolution may be offered to the governing body in accordance with applicable statutory requirements in effect in the city for offering a resolution, to direct the school district governing body to submit a request for assistance pursuant to this section. If a majority of the legislative body in the city or town votes in favor of requesting assistance, then that assistance shall be requested and provided in accordance with RSA 193-E:6.

IV. The department of education shall evaluate and approve proposals based on their efficacy, as determined by a cost-benefit analysis, and the extent to which school district revenues are insufficient to implement the proposed activity without adverse educational consequences.

V. Until the publication of the list pursuant to RSA 193-G:2, IX, a school district may request assistance from the department, including financial assistance from the local education improvement assistance program established in RSA 193-G:4, for any school within the district.

VI. Priority shall be given to lower-performing schools.

193-G:4 State Assistance to Local School Districts; Education Improvement Fund Established.

I. There is hereby established an education improvement fund in the department of education for the purpose of providing assistance to local school districts. This fund shall be non-lapsing and shall be administered by the department. For the biennium beginning July 1, 2001 and ending June 30, 2003, the sum of $2,500,000 shall be transferred from the education trust fund to the education improvement fund. In order to satisfy this obligation, the governor is authorized to draw a warrant from the education trust fund to satisfy the provisions of this paragraph.

II.(a) The department is authorized to use the amount transferred to the education improvement fund for the following purposes within the following expenditure limits:

(1) For the biennium ending June 30, 2003, an amount not to exceed $500,000 to implement and administer the pupil achievement assessment pilot program established in this act.

(2) For the biennium ending June 30, 2003, an amount not to exceed $225,000 to collect, analyze, and report the demographic and educational improvement data.

(3) For the biennium ending June 30, 2003, an amount not to exceed $275,000 to implement and administer the grade 3 reading assessment program set forth in RSA 193-C:3, IV(i).

(4) For the biennium ending June 30, 2003, an amount not to exceed $75,000 for contracted assistance to study the capacity of the department of education to provide support to local schools.

(5) For the biennium ending June 30, 2003, an amount not to exceed $780,000 to assist local school staff with the analysis and use of school performance data, and to implement local educational improvement and assessment plans.

(6) For the biennium ending June 30, 2003, an amount not to exceed $645,000 for providing grants to school districts, provided that any amounts set forth in subparagraphs (a)(1)-(a)(5) which are unexpended as of June 30, 2003, shall be used by the department to make grants to school districts under this section.

(b) For the biennium beginning July 1, 2001 and ending June 30, 2003, appropriations from the fund shall be authorized at the class level by the legislative fiscal committee and the governor and council. For the biennium beginning July 1, 2003, and each biennium thereafter, appropriations from the fund at the class level shall be included in and authorized as part of the department’s biennial operating budget.

(c) Moneys transferred to the education improvement fund shall not be transferred, diverted, or used for any purpose not specified in this section.

193-G:5 Powers of the Department of Education and State Board of Education. Notwithstanding RSA 186:5, the powers of the department and the state board relative to school performance and accountability shall be limited to the provisions of RSA 193-G:1 – 193-G:4.

3 New Subparagraphs; Statewide Education Improvement and Assessment Program; Program Goals Amended. Amend RSA 193-C:3, IV by inserting after subparagraph (h) the following new subparagraphs:

(i) At the end of grade 3, to determine if pupils are reading at grade level on a standardized reading test to be chosen by the department with the approval of the state board of education.

(j) At the school, district, and state levels, to provide performance reports on specific subgroups of pupils as required by federal law and regulations, including performance reports on pupils with disabilities, educationally disadvantaged pupils, and vocational education pupils.

4 Pupil Achievement Assessment Pilot Program Established.

I. The department of education, in consultation with the state board of education and the school administrative unit superintendents, shall establish a 4-year pupil achievement assessment pilot program in 10 selected school districts which represent a cross section of the state for the school years 2001-2002 through 2004-2005. Participation in the pilot program shall be voluntary. The pilot program shall examine the use of standardized achievement tests for pupils in grades 4 through 9 in each of the selected pilot schools as well as other techniques to measure pupil achievement over time. The purpose of the pilot program is to identify multiple measures of pupil achievement and to analyze such data from those measures to assess the extent to which such data yields valid and comparable information on the average annual rate of gain or value-added. In addition, the program would provide for a so-called gains-based statistical analysis of data collected in years 2-4 of the program for each pupil, school, and district. Upon the collection of multiple years of data, an analysis of such data may be performed to measure the average gain or value-added to an individual pupil over the course of the measurement period.

II. After 3 years, the state board of education in conjunction with the legislative oversight committee established under RSA 193-C:7 shall evaluate the potential value of the information collected under the pilot program and consider the merits of the approaches used in the pilot program to determine whether such approaches may be used as additional or alternative methods of measuring educational achievement and success.

5 Reporting on Pupil Performance. RSA 193-E:3 is repealed and reenacted to read as follows:

193-E:3 Reporting on the Delivery of Education.

I. By August 1, 2001, and annually thereafter, each school district shall report to the department of education data at the school and district levels for the previous school year on the following indicators, provided however, that the department shall develop a reasonable schedule to phase-in the reporting of data that is not being collected systematically during school year 2000-2001:

(a) Numbers and percentages of pupils with disabilities, limited English proficient pupils, pupils in advanced placement programs, and pupils eligible for free or reduced-price meals.

(b) Pupil mobility rates calculated as the percentages of pupils who transfer into or out of a school each year. These percentages shall not include pupils who enter the school on opening day at the lowest grade in the school or pupils who leave the school upon completion of the highest grade in the school.

(c) Attendance and dropout rates.

(d) Performance on statewide tests administered pursuant to RSA 193-C:3, IV(i) including the percentage of pupils reading at grade level on the reading component of the grade 3 statewide educational assessment and performance on any other standardized tests administered at local option.

(e) Percentage of graduating pupils going on to post-secondary education and military service.

(f) Average class size for instructional purposes at the primary, intermediate, and secondary levels as of October 1.

(g) Number and percentage of educators teaching one or more courses outside of the educator’s certification area and the percentage of all courses being taught by educators outside their certification area.

(h) Teacher and administrator turnover rates at the school and district levels.

II. By August 1, 2001, and annually thereafter, each school district shall report to the department of education data at the school and district levels for the previous school year any other data required by federal law on the same or similar subject matter specified in subparagraphs I (b) - (g) or for any of the subgroups set forth in subparagraph I (a).

III. The department of education, with the approval of the legislative oversight committee established in RSA 193-C:7, may implement and report data on any additional indicators deemed relevant to the purposes of this section.

IV. In order to reduce school districts’ administrative time and costs, the department of education shall develop and utilize user-friendly, computer forms and programs to collect the data set forth in paragraph I as well as all enrollment and cost data related to determining the cost of an adequate education The department shall request funds as part of its biennial operating budget to develop, update, and maintain the required forms and programs.

V. Not later than December 1, 2001, and annually thereafter, the department of education shall issue a public report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall be entitled "New Hampshire School District Profiles." It shall include demographic and pupil performance data including, but not limited to, district and school performance on state tests administered pursuant to RSA 193-C, all other data provided under paragraph I, as well as other relevant statistics as determined by the department of education. Comparisons with state averages shall be provided for data reported under subparagraphs I(a)-(h). Comparisons of each district and school to itself based on its own performance for the prior school year and its most recent 3-year rolling averages shall be provided for data reported under subparagraphs I(c)-(e). Statewide rankings of each district and school shall be provided for data reported under subparagraphs I(c)-(e), including a statewide ranking of each school and school district based on the percentage increase of improvement as compared with the same school district’s performance in the previous year. The report shall be organized and presented in a manner that is easily understood by the public and that assists each school district with the identification of trends, strengths, and weaknesses and the development of its local school education improvement and assessment plan.

VI. Each school district shall provide an opportunity for public discussion of the report at a meeting of its governing body. The school district shall make the report available to the public at least 10 days prior to the meeting.

VII. No later then January 1, 2003, the department of education shall prepare and submit to the education committees of the house and senate a plan for collecting and evaluating data to determine the correlation between level of academic performance and such factors as pupils’ gender, socioeconomic status, cost per pupil, class size, teacher qualifications, and use of various instructional strategies as well as an in-depth study of community members’ perceptions of their involvement in education and of important educational issues. The plan shall include an estimate of the costs to the department and local school districts of collecting, analyzing, and reporting the results of these studies.

6 Statewide Education Improvement and Assessment Program; Local Education Improvement and Assessment Plans. RSA 193-C:9, I is repealed and reenacted to read as follows:

I.(a) Each school district shall be responsible for coordinating the development and implementation of a local education improvement and assessment plan. The plan shall be evaluated and reviewed annually and shall be included in the school district’s annual report. The development and implementation of the plan and the annual evaluation and review shall be carried out with input from administrators, teachers, parents, employers, and other community members. The plan shall be approved by the local school board no later then October 31, 2003. At a minimum, each plan shall identify and set forth objectives for the school or each school in the district to achieve, including:

(1) Objectives and annual benchmarks for improved pupil performance in each of the statewide performance goals.

(2) Local assessment measures which focus on individual student performance.

(3) The use of local and statewide assessment results to improve instruction and enhance student learning.

(4) Methods for reporting the results of all assessment measures.

(5) Strategies to promote family and community involvement.

(6) Procedures detailing how the school district budget reflects the goals of the plan.

(b) Each plan may include the following elements:

(1) Curriculum and proficiency standards.

(2) School and district performance goals based on reported data on educational indicators listed in paragraph II of this section.

(3) Procedures for aligning curriculum and instructional practices.

(4) Role of support services and programs.

(5) Role of instructional leadership.

(6) Staff supervision and evaluation and performance-based professional development.

(7) Pupil behavior and conduct codes.

(8) Provisions for addressing individual school needs.

7 Statewide Education Improvement and Assessment Program; Local Education Improvement and Assessment Plans. RSA 193-C:9, IV is repealed and reenacted to read as follows:

IV. The department of education shall develop a model local education improvement and assessment plan which can be used by school districts. The model plan shall:

(a) Identify and set forth objectives for the school or each school in the district to achieve, including objectives and annual benchmarks for improved pupil performance in each of the applicable areas in which statewide performance goals have been established.

(b) Identify areas where improvements are needed immediately.

(c) Specify how the school or each school in the district will work to make improvements in the combined performance of all pupils enrolled in a school as well as the performance of discrete subgroups of pupils, including pupils with disabilities, limited English proficient pupils, and low income pupils.

(d) Specify the methods and assessments to be used in addition to NHEIAP assessments for the annual evaluation and review of the plan, including data to be collected, analyzed, and reported. This shall include the data specified in RSA 193-E:3, I as well as additional data determined locally.

8 Legislative Oversight Committee; Duties Amended. Amend RSA 193-C:8 to read as follows:

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

I. [The oversight committee shall review] 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.

III. Prepare any legislation that is needed as a result of the review of the progress and results of the policies implemented under this chapter.

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

198:39 Education Trust Fund Created and Invested.

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 education improvement fund established in RSA 193-G:4. The state treasurer shall deposit into [this] the education trust fund immediately upon receipt:

10 New Paragraph; State School Organization; State Board of Education Rulemaking Authority; Rules for Appeals. Amend RSA 186:8 by inserting after paragraph V the following new paragraph:

VI. Appeals from a school board on the matter of nonrenewal of teacher contracts, providing that the appeal to the state board of education shall be limited to the record developed at the school board hearing, except where the state board of education determines that new evidence is available which could not have been reasonably discovered at the time of the school board hearing and that such evidence may have materially affected the outcome of the school board hearing. In such cases, the state board of education shall render a final decision in the matter or remand it to the school board for a new hearing.

11 School Boards, Teachers; Teacher Renewal; Reference Amended. Amend RSA 189:14-a, II to read as follows:

II. Any teacher who has a professional standards certificate from the state board of education and who has taught for 3 consecutive years or more in any school district in the state shall, after having taught for 2 consecutive years in any other school district in the state, be entitled to all of the rights for notification and hearing in [paragraph I(b)] paragraphs I(b), III, and IV of this section.

12 New Paragraphs; School Boards, Teachers; Teacher Renewal; Nonrenomination Procedure. Amend RSA 189:14-a by inserting after paragraph II the following new paragraphs:

III. In cases of nonrenomination because of unsatisfactory performance, the superintendent of the local school district shall demonstrate, at the school board hearing, by a preponderance of the evidence, that the teacher had received written notice that the teacher’s unsatisfactory performance may lead to nonrenomination, that the teacher had a reasonable opportunity to correct such unsatisfactory performance, and that the teacher had failed to correct such unsatisfactory performance. Nothing in this paragraph shall be construed to require the superintendent or the school board to provide a teacher with remedial assistance to correct any deficiencies that form the basis for such teacher’s nonrenomination.

IV. In all proceedings before the school board under this section, the burden of proof for nonrenewal of a teacher shall be on the superintendent of the local school district by a preponderance of the evidence.

13 School Boards, Teachers; Review by State Board of Education. Amend RSA 189:14-b to read as follows:

189:14-b Review by State Board.

I. A teacher aggrieved by such decision may request the state board of education for review thereof. Such request must be in writing and filed with the state board within 10 days after the issuance of the decision to be reviewed. Upon receipt of such request, the state board shall notify the school board of the request for review, and shall forthwith proceed to a consideration of the matter. Such consideration shall include a hearing if either party shall request it. The state board shall issue its decision within [15] 30 days after the request for review is filed, and the decision of the state board shall be final and binding upon both parties. A request for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.

14 Public Employee Labor Relations; Grievance Procedures; Nonrenewal of Teacher Contract not Subject to Binding Arbitration. Amend RSA 273-A:4 to read as follows:

273-A:4 Grievance Procedures. Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a, shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement.

15 Repeal. RSA 194:23-d, relative to state financial aid, is repealed.

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

The signatures below attest to the authenticity of this Report on SB 164-FN-A-LOCAL, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. O’Hearn, Dist. 12 Rep. Henderson, Rock. 20

Sen. Prescott, Dist. 19 Rep. Ward, Graf. 1

Sen. Johnson, Dist. 3 Rep. Colcord, Merr. 2

Rep. Snyder, Straf 14

2001-1827-CofC

AMENDED ANALYSIS

This bill establishes criteria for measuring school performance standards, requires the development of a local education improvement and assessment plan in each school district, defines satisfactory progress in school performance areas, and establishes an education improvement fund in the department of education which shall be funded by a transfer from the education trust fund in the amount of $2,500,000 for the biennium ending June 30, 2003. The bill also clarifies the process for conducting hearings before local school boards on the issue of nonrenomination of teacher contracts and for the appeal of such nonrenomination decisions to the state board of education.

Senator O'Hearn moved adoption.

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

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

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

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

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

2001-1860-CofC

09/01

Committee of Conference Report on HB 588, an act relative to examination of persons called as jurors.

Recommendation:

That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:

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

1 Superior Court Jury Selection Pilot Program in Rockingham and Cheshire Counties. There is established a pilot program regarding the examination in civil cases of prospective jurors by judges and counsel. In addition to the provisions of RSA 500-A:12, the following provisions shall be incorporated into jury selection for civil cases in Rockingham county superior court and Cheshire county superior court:

I. The court shall instruct the panel of prospective jurors prior to jury selection as to:

(a) The nature and purpose of the selection process.

(b) The nature of the case to be presented.

(c) The specific issues for resolution.

(d) A summary of the law to be used in their consideration of the evidence.

(e) Any controversial aspects of the trial likely to invoke bias.

II. Counsel for each party shall be allowed a reasonable amount of time to address the panel of prospective jurors for the purpose of explaining such party’s claims, defenses, and concerns in sufficient detail to prompt jury reflection, probing, and subsequent disclosure of information, opinion, bias, or prejudices which might prevent a juror from attaining the requisite degree of neutrality required.

III. The trial judge shall examine the prospective jurors. Upon completion of the judge’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. During any examination conducted by counsel for the parties, the trial judge shall permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the judge’s examination shall not preclude additional non-repetitive or non-duplicative questioning in the same area by counsel.

IV. The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the trial judge’s sound discretion. In exercising his or her sound discretion as to the form and subject matter of voir dire questions, the trial judge shall consider, among other criteria, any unique or complex elements, legal or factual, in the case and the individual responses or conduct of jurors which may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. Specific unreasonable or arbitrary time limits shall not be imposed. The trial judge shall permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. For purposes of this section, an "improper question" is any question which, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. A court shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel.

V. Each party shall have 5 peremptory challenges with which to remove prospective jurors.

VI. There shall be a voir dire review committee comprised of 2 members of the house of representatives, appointed by the speaker of the house, and 2 members of the senate, appointed by the president of the senate. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

VII. No later than December 1, 2003, the review committee shall report its findings on this program to the president of the senate, the speaker of the house, the governor, and the state library. The report shall include a recommendation to terminate, continue, or expand the program.

2 Repeal. Section 1, establishing the superior court jury selection pilot program in Rockingham and Cheshire counties, is repealed.

3 Effective Date.

I. Section 2 of this act shall take effect December 31, 2004.

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

The signatures below attest to the authenticity of this Report on, an act

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Larsen, Dist. 15 Rep. J. Pratt, Ches. 2

Sen. Pignatelli, Dist. 13 Rep. L. Jean, Hills. 17

Rep. Woods, Straf. 11

2001-1860-CofC

AMENDED ANALYSIS

This bill establishes a pilot program in Rockingham county superior court and Cheshire county superior court to change the procedure in civil cases for the examination of prospective jurors.

Senator Gordon moved adoption.

June 19, 2001

2001-1701-CofC

10/01

Committee of Conference Report on SB 192-FN, an act relative to the issuance of high/medium voltage licenses by the electrician’s board.

Recommendation:

That the Senate and House each pass the bill as amended by the House.

The signatures below attest to the authenticity of this Report on SB 192-FN, an act

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. O’Neil, Dist. 18 Rep. Poulin, Merr. 14

Sen. Prescott, Dist. 19 Rep. Schulze, Hills. 33

Sen. Francoeur, Dist. 14 Rep. Goulet, Hills. 15

Rep. Clayton, Hills. 39

Senator O'Neil moved adoption.

2001-1825-CofC

10/09

Committee of Conference Report on SB 197-FN, an act restructuring the judicial conduct committee as an independent judicial conduct commission and making an appropriation therefor.

Recommendation:

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:

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

1 Intent. This act implements the recommendations of the Task Force for the Renewal of Judicial Conduct Procedures by restructuring the judicial conduct committee as an independent judicial conduct commission. The task force established the following 3 principles to guide the restructuring of the committee:

I. The judicial conduct committee should be completely independent of the New Hampshire court system and the other branches of government, and should be renamed the judicial conduct commission.

II. Members of the new judicial conduct commission should be appointed by several authorities: the governor, the senate president, the speaker of the house of representatives, the New Hampshire supreme court, and the president of the New Hampshire Bar Association.

III. In keeping with its independent status and an accompanying need for vigorous

professionalism in the management of its work, the new commission must be free to hire staff and maintain its separate office.

2 Statement of Purpose. In order to maintain a healthy democracy, the legislature finds that it is vital that the citizens of New Hampshire have an independent commission able to adequately discipline the actions of judges who have breached the Code of Judicial Conduct. The general court recognizes that the judicial branch of government must act independently, in accordance with the New Hampshire constitution, in making its adjudicatory decisions. The legislature is mindful of the importance of the independence of each branch and believes that it has a duty under the constitution to insure that the judicial branch provides the citizens of New Hampshire fair, equal, impartial, and prompt justice. To meet its duty, the legislature establishes a judicial conduct commission.

3 New Chapter; Judicial Conduct Commission. Amend RSA by inserting after chapter 494 the following new chapter:

CHAPTER 494-A

JUDICIAL CONDUCT COMMISSION

494-A:1 Judicial Conduct Commission Established. A judicial conduct commission is hereby established which shall be completely independent of the New Hampshire court system and other branches of government. The commission shall be administered by an executive director, appointed under RSA 494-A:3.

494-A:2 Definitions. In this chapter:

I. "Commission" means the judicial conduct commission established under RSA 494-A:4.

II. "Executive director" means the executive director of the commission appointed under RSA 494-A:3.

III. "Judge" means supreme court justices under RSA 490:1; superior court judges under RSA 491:1; superior court marital masters; district court judges under RSA 502-A:3; and probate court judges, under RSA 547.

494-A:3 Executive Director; Appointment and Duties.

I. The commission shall select and appoint an executive director as the administrator of the commission. The executive director shall be appointed by majority vote of the commission after 30 days public notice and a public hearing. The executive director shall hold office for a term of 5 years. The executive director may be removed from office by vote of 2/3’s of the commission. The executive director may be reappointed using the same procedure for appointment. The executive director shall be a nonclassified state employee.

II. The executive director shall be the administrative head of the commission. The duties of the executive director shall also include:

(a) Employing and supervising commission staff, under RSA 494-A:17.

(b) Submitting an annual report to the governor, senate president, speaker of the house, and chief justice of the supreme court, by October 1 of each year, which details the performance of the commission for the preceding fiscal year. This report shall be a public document.

(c) Submitting budgets to be funded through general funds in the biennial operating budget.

(d) Acting as secretary for all commission meetings.

494-A:4 Commission Membership. The commission shall consist of the following 11 members:

I. Three judges, consisting of one judge or retired judge from each of the superior court, district court, and probate court, appointed by the chief justice of the supreme court with the concurrence of the majority of the supreme court members.

II. Two members appointed by the president of the New Hampshire Bar Association; one member to be approved by the governor and one member to be approved by the president of the senate and the speaker of the house.

III. Two public members who are not judges, attorneys, or elected or appointed public officials, appointed by the governor.

IV. Two public members who are not judges or attorneys, appointed by the senate president.

V. Two public members who are not judges or attorneys, appointed by the speaker of the house.

494-A:5 Terms of Office.

I. The initial terms of office shall be staggered as follows:

(a) For the members appointed under RSA 494-A:4, I, one member shall be appointed for 2 years, one member shall be appointed for 3 years, and one member shall be appointed for 4 years.

(b) For the members appointed under RSA 494-A:4, II, one member shall be appointed for 3 years and one member shall be appointed for 4 years.

(c) For the members appointed under RSA 494-A:4, III, one member shall be appointed for 3 years and one member shall be appointed for 4 years.

(d) For the members appointed under RSA 494-A:4, IV, one member shall be appointed for 2 years and one member shall be appointed for 3 years.

(e) For the members appointed under RSA 494-A:4, V, one member shall be appointed for 3 years and one member shall be appointed for 4 years.

II. After the initial appointment, a member may be reappointed for an additional term of 4 years. Members may not serve more than 2 consecutive terms. Members who have served 2 consecutive terms may not be reappointed until they have been off the commission for a period of 4 years.

III. Commission members shall serve without compensation for their services, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

494-A:6 Vacancies.

I. A vacancy in the office of the commission occurs:

(a) At the expiration of a member’s term.

(b) When a member ceases to hold the office, by submitting his or her resignation to the commission, or for some other reason.

(c) When a non-attorney or non-judge member becomes an attorney or judge.

(d) When an attorney member ceases to be a member of the New Hampshire bar, is elected or appointed to public office, or is appointed a judge.

(e) When a member ceases to be domiciled in New Hampshire.

(f) When removed by the commission as provided in RSA 494-A:16.

II. A vacancy shall be filled by the same appointing authority. The successor shall have the same qualifications as the person who is being replaced. If the vacancy results from other than expiration of the term, the successor shall hold office for the unexpired term.

494-A:7 Disqualification.

I. No member shall participate in any proceeding before the commission involving his or her conduct or in which he or she is a witness or is otherwise involved.

II. No member shall participate in any proceeding in which his or her impartiality might reasonably be questioned.

494-A:8 Numbers for Quorum and Action. Six members of the commission shall be a quorum. Six members shall be necessary to take routine action. A vote of 7 members shall be required to take or recommend any disciplinary action.

494-A:9 Election of Chairperson and Vice Chairperson. The members of the commission shall elect their own chairperson and vice chairperson.

494-A:10 Duties; Proceedings. The commission shall be responsible for addressing complaints concerning the conduct of judges in the courts of this state. The commission shall determine if a complaint constitutes conduct which violates the Code of Judicial Conduct. The commission shall adopt rules for its proceedings under this chapter. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. If the commission finds evidence of criminal acts, it shall report such evidence to the attorney general. If the commission finds that a judge’s conduct warrants the removal of the judge, the commission shall refer the matter to the legislature.

II. The commission shall, by rules under RSA 494-A:12, adopt a Code of Judicial Conduct based on the Model Code of Judicial Conduct (August, 1990), as adopted by the House of Delegates of the American Bar Association on August 7, 1990.

494-A:11 Procedures for Complaints; Public Availability. The commission shall adopt rules of procedure to be followed in making its determinations which shall incorporate the following:

I. When a complaint is received by the commission, the commission shall determine if the complaint alleges a violation of the Code of Judicial Conduct. If the commission determines that the complaint on its face alleges no violation of judicial misconduct, the commission shall dismiss the complaint and respond to the complaining party, explaining the basis for its decision. If the commission determines that the complaint alleges a violation, the commission shall send a copy of the complaint to the judge and the judge shall have 21 days to respond in writing. There shall be no direct communications between the judge and the complaining party. Following the response from the judge, the commission shall send a copy of the response to the complaining party. The commission may also conduct such further investigation as it may deem necessary before ruling on the complaint. The commission shall, within 90 days of the first meeting following receipt of the complaint, determine whether there is probable cause to believe that the judge has committed a violation of the Code of Judicial Conduct. If not, the complaint shall be dismissed. If so, the commission shall proceed to make a final determination as to whether a violation has occurred. In any event, the complaining party and the judge shall be informed of the ruling on probable cause along with a brief explanation of the basis of the decision.

II. After making a finding of probable cause, the commission shall conduct a public hearing before making a final determination. After probable cause has been found, the complaint, response, transcripts, findings, deliberations, and reports of actions taken shall be available to the public under the provisions of RSA 91-A. The exemption regarding internal personnel practices in RSA 91-A:5, IV shall be inapplicable to proceedings or documents under this paragraph relating to a complaint before the commission.

III. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. The commission may recommend that the supreme court suspend the judge.

IV. If the complaint referred to the commission alleges conduct that would constitute a crime, the commission chairperson shall immediately refer the matter to the attorney general. The referral of such a complaint to the attorney general shall not supersede the commission’s jurisdiction relative to whether a violation of the Code of Judicial Conduct has occurred. However, the commission shall suspend its activities until the criminal proceedings, if any, are concluded.

V. In all cases, whether a complaint is dismissed or not, complaints received by the commission shall be made available to the administrative judge of the court in which the judge complained against holds office. Furthermore, all complaints against judges received by the administrative judges and other judges of the superior court, the district court, and the probate court shall be forwarded to the commission.

VI. The statute of limitations for any complaint shall be 3 years from the act which is the subject of the complaint or from the conclusion of the trial or appeal during which the act occurred, whichever is later.

494-A:12 Rules. The commission shall have the authority to adopt rules, after public notice and hearing, necessary to perform the objectives of this chapter. The commission shall employ the rules used by the supreme court on the effective date of this chapter as interim rules, to the extent that they are not inconsistent with this chapter. The commission shall adopt its own rules as soon as practicable which shall replace such interim rules, but in no event later than July 1, 2002. Prior to the adoption of any rule, or the amendment or repeal thereof, the commission shall publish or otherwise circulate notices of its intended action and afford interested parties the opportunity to submit comments either orally or in writing.

494-A:13 Subpoena Power. The commission shall have the powers of subpoena.

494-A:14 Appeals. An aggrieved party may appeal an order or decision of the commission to the supreme court, provided that such appeals shall be limited to consideration of matters of procedure and errors of law.

494-A:15 Funding. The commission shall prepare and administer its own budget, including funding for such items as staff, office space, and operating expenses. Funding shall be authorized by the legislature only from sources other than those appropriated for the judicial branch.

494-A:16 Removal. The chairperson, with the majority of the commission, may remove a member for cause, including unexcused absences or serious violations of a commission rule.

494-A:17 Staff and Facilities.

I. The executive director shall, with the approval of the commission, hire staff, which may include attorneys, investigators, and clerks, as may be necessary to carry out the duties of the commission. The executive director may contract for such temporary professional, administrative, and clerical services as deemed necessary by the commission. Full-time staff shall be nonclassified personnel who shall be entitled to state employee benefits.

II. The commission shall select office space, which shall be as independent as possible from other facilities of any branch of government.

4 Judicial Performance Evaluations. Amend RSA 490:32, II to read as follows:

II. The program for performance evaluation shall include, but shall not be limited to, [review of records of the supreme court's committee on judicial conduct which are public records under supreme court Rule 40;] a questionnaire, to be designed by the supreme court[;] and a self-evaluation form to be completed by the judge. The supreme court shall strive to achieve uniformity among court evaluation questionnaires, recognizing that the questionnaires for each court may differ due to the jurisdiction of the courts. Questionnaires shall be distributed to a representative sample of attorneys, parties, witnesses, jurors, court personnel, and others who have appeared before a judge during the evaluation period, for the purpose of evaluating the performance of the judge. The questionnaire shall include, but shall not be limited to, questions relative to the judge's performance, temperament and demeanor, judicial management skills, legal knowledge, attentiveness, bias and objectivity, and degree of preparedness. Completed forms shall be returned to the administrative judge, unsigned, within 30 days of issuance. All responses shall remain confidential.

5 Repeals. RSA 490:30, relative to the committee on judicial conduct, is repealed.

6 Date of Operation of Commission. All appointments to the judicial conduct commission shall be made prior to September 1, 2001. The initial meeting of the commission shall be called in September by the governor’s first-appointed member of the commission. All necessary staffing of the judicial conduct commission shall be made prior to January 1, 2002. The commission’s authority to act upon complaints shall commence on January 1, 2002.

7 Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

8 Appropriation. The sum of $125,000 for the fiscal year ending June 30, 2002 and the sum of $250,000 for the fiscal year ending June 30, 2003 are hereby appropriated to the judicial conduct commission established by this act, for the purposes of the administration of the provisions of this act. The governor is authorized to draw a warrant for said sums out of any moneys not otherwise appropriated.

9 Effective Date.

I. Sections 1-4 and 6-8 of this act shall take effect July 1, 2001.

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

The signatures below attest to the authenticity of this Report on SB 197-FN, an act restructuring the judicial conduct committee as an independent judicial conduct commission and making an appropriation therefor.

Conferees on the Part of the Senate Conferees on the Part of the House

Sen. Gordon, Dist. 2 Rep. Mock, Carr. 3

Sen. Prescott, Dist. 19 Rep. Rowe, Hills. 14

Sen. Fernald, Dist. 11 Rep. Woods, Straf. 11

Rep. Wall, Straf. 9

2001-1825-CofC

AMENDED ANALYSIS

This bill restructures the judicial conduct committee as an independent judicial conduct commission. This bill also makes an appropriation to the commission.

Senator Gordon moved adoption.

Senator Gordon 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, taken off 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.

Senator Gordon offered a floor amendment.

2001-1857s

04/10

Floor Amendment to HB 748-FN-A-LOCAL

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

AN ACT relative to instructional and operational costs of providing an adequate education.

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

1 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.

2 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.

3 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].

4 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.

5 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.

6 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.

7 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.

8 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.

9 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.

10 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.

(2) An extraordinary special education fund is hereby established in, and shall be administered by, the department of education. Beginning July 1, 2002, and every fiscal year thereafter, not less than 10 percent of the cost of programs and services for educationally disabled children as determined in subparagraph (e)(1) shall be transferred from the education trust fund to this fund in each fiscal year. The moneys in this fund shall be non-lapsing. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to prescribing forms to be used to apply for funds under this paragraph, administering and distributing extraordinary special education funds, and school districts applying for aid from the extraordinary special education fund. Under guidelines established by rules of the state board of education, the funds shall be used for the following purposes:

(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.

11 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.

12 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.

13 Repeal. The following are repealed:

I. RSA 186-C:18, I-III, V(a)-(e), VI(a), and VII-X, 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.

14 Effective Date. This act shall take effect July 1, 2002.

2001-1857s

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.

Senator Gordon 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.

Senator Gatsas move to have SB 198, expanding the authority of the sweepstakes commission to establish a 2-year pilot program for video lottery games at state liquor stores, taken off the table.

SB 198, expanding the authority of the sweepstakes commission to establish a 2-year pilot program for video lottery games at state liquor stores.

2001-1862-EBA

04/09

Enrolled Bill Amendment to HB 170-FN-A

The Committee on Enrolled Bills to which was referred HB 170-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 inserts a contingency to resolve conflicts with provisions inserted by SB 111-FN, and makes certain technical corrections to the bill.

Amend RSA 21-J:9-b, II as inserted by section 60 of the bill by replacing it with the following:

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

Amend the bill by replacing RSA 198:57, I as inserted by section 80 of the bill by replacing it with the following:

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

Amend the bill by replacing all after section 109 with the following:

110 New Section; New Hampshire Retirement System; Payment by Retirement System-Group I; Amend RSA 100-A by inserting after section 52-a the following new section:

100-A:52-b Payment by Retirement System; Group I.

I. The New Hampshire retirement system shall pay the cost for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits, in the employer-sponsored plan provided for active employees of a retiree’s former employer, subject to the provisions of this section, for the following persons:

(a) Any person, who has at least 20 years of creditable service as a group I member if age 60 or older, or at least 30 years of creditable service as a group I member if age 55-59, retired on or before July 1, 2004 as a group I member of the New Hampshire retirement system on service or ordinary disability retirement, provided that such person shall be entitled to retirement on the basis of group I creditable service, or any person retired on or before July 1, 2004, as a group I member whose service retirement benefit is based upon the provisions of RSA 100-A:19-c and who has a minimum of 20 years of creditable service as a group I member.

(b) Any person who has completed no less than 20 years of group I creditable service, but who for reasons other than retirement or death ceased to be a group I member prior to attaining the age of 60, and who, as of July 1, 2004, receives a vested deferred retirement allowance and who subsequently attains the age of 60.

(c) Any person who has completed no less than 20 years of group I creditable service and who retired as a group I member prior to age 60, and who subsequently attains the age of 60, or any person who has completed no less than 30 years of group I creditable service and who retired as a group I member prior to age 55, and who subsequently attains the age of 55.

(d) The surviving spouse of a deceased retired group I member who met the qualifications of subparagraphs (a), (b) or (c), or of a deceased member who died while in service as a group I member, provided that such surviving spouse was covered as the member’s spouse in the employer-sponsored plan before the member’s death and is entitled to a monthly allowance under RSA 100-A:8, 100-A:9, or 100-A:13.

(e) Any certifiably dependent child with a disability living in the household and being cared for by the qualified retired member, the member’s spouse, or the qualified surviving spouse.

(f) The surviving spouse and children of a deceased group I member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:

(1) Any such child shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and

(2) Such surviving spouse shall cease to be qualified upon the remarriage of the surviving spouse; and

(3) No surviving spouse or child shall be qualified or continue to be qualified under this subparagraph while receiving or eligible to receive medical insurance or health care benefits from any employer’s sponsored plan.

(g) Any group I member retired on or before July 1, 2004 on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty.

(h) The spouse of a qualified retiree.

II. Notwithstanding the provision of RSA 100-A:4, III-b, for the purpose of calculating creditable service for eligibility for medical benefits payment under paragraph I, each full year of job-sharing service of a teacher in a job-sharing position shall be calculated at 1/2 of one year of such service credit.

III. However, for the fiscal year beginning July 1, 2000, the maximum amount payable by the retirement system under this subdivision on account of each person qualified under paragraph I who is not entitled to medicare benefits, and on account of each person qualified under paragraph I who is entitled to medicare benefits, shall be the same as the amount provided in RSA 100-A:52, II for group II retirees. As of July 1, 2000 and on each July 1 thereafter, the maximum amount payable by the retirement system as provided in this paragraph shall be increased by 8 percent, compounded on previous increases.

IV. In the case of group I members retired from employment by political subdivisions of the state, the amount payable by the retirement system on account of qualified persons shall be paid over to the employer, insurer, or health care administrator and used to pay for all or part of the medical benefits provided through the former employer for qualified persons. If the cost of the premium for any eligible person under paragraph I shall exceed the maximum under paragraph III, and the employer does not elect to pay the excess cost, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The employer may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

V. As of January 1, 2002, in the case of group I members retired from state employment before July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the amount payable by the retirement system on account of such persons shall be paid over to the state and used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the balance shall be paid by the state as provided in RSA 21-I:26-36.

VI. As of January 1, 2002, in the case of group I members retired from state employment on or after July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the amount payable by the retirement system on account of such persons shall be paid over to the state and used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the state shall pay its portion as provided in RSA 21-I:26-36. If the cost of the premium for any retired group I member and spouse, surviving spouse, or any other person entitled to benefits under paragraph I shall exceed the maximum under paragraph III, and the state does not elect to pay the excess cost above the amount to be paid under RSA 21-I:26-36, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The state may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

VII. There shall be no age limit to participate in the employer sponsored medical and health plan provided in paragraph I, and there shall be no physical examination or health statement required for such coverage, provided, however, that if an eligible retired group I member of the retirement system fails to apply for such coverage within the time required by the insurance contract, the insurer may require satisfactory evidence of insurability as a condition for becoming insured.

VIII. Any group I teacher member retired before January 1, 2000, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member’s date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member’s former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2002. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer’s plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer’s group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.

IX. Any group I political subdivision employee member retired before January 1, 2001, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member’s date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member’s former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2003. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer’s plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer’s group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.

X. The retirement system shall notify all group I teacher and political subdivision employee retirees and surviving spouse beneficiaries, who are currently drawing monthly allowances from the retirement system, of their possible right to re-join and active-employee medical insurance or health plan and to receive benefits under this section.

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

111 New Section; New Hampshire Retirement System; Method of Financing; Group I State Employees. Amend RSA 100-A by inserting after section 53-c the following new section:

100-A:53-d Method of Financing; Group I State Employees.

I. The benefits provided under RSA 100-A:52-b shall be provided by a 401(h) subtrust of the New Hampshire retirement system. The 401(h) subtrust shall be funded by allocating 25 percent of future group I state employer contributions made for group I state employees in accordance with RSA 100-A:16 to the subtrust until such time as the benefits are fully funded. Thereafter, the subtrust shall receive only that portion of each year’s contribution as is necessary to keep the benefits fully funded.

II. All contributions made to the retirement system to provide medical benefits under RSA 100-A:52-b shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-b may be invested pursuant to the provisions of RSA 100-A:15.

112 New Paragraph; New Hampshire Retirement System; Medical Benefits; Application. Amend RSA 100-A:55 by inserting after paragraph I-b the following new paragraph:

I-c. It is the intent of the legislature that future group I state employee members eligible after July 1, 2004 shall be included under the provisions of RSA 100-A:52-b only if the total cost of such inclusion can be terminally funded from the special account established in RSA 100-A:16, II (h).

113 Contingency. If SB 111-FN of the 2001 legislative session becomes law, then sections 110 and 111 of this act shall take effect 60 days after the effective date of SB 111-FN and section 112 of this act shall take effect January 1, 2002 and sections 8-10 of this act shall not take effect. If SB 111-FN of the 2001 legislative session does not become law, then sections 8 and 9 of this act shall take effect 60 days after the passage of this act and section 10 of this act shall take effect January 1, 2002 and sections 110-112 of this act shall not take effect.

114 Effective Date.

I. Sections 46, 50-59, 63, 71, 72, and 84 of this act shall take effect 60 days after its passage.

II. Sections 34, 35, 38-42, 48, 64, 85, 86 and 113 of this act shall take effect upon its passage.

III. Section 15 of this act shall take effect June 30, 2001.

IV. Sections 8-10 and 110-112 of this act shall take effect as provided in section 113 of this act.

V. Section 18 of this act shall take effect April 1, 2002.

VI. Sections 65 and 66 of this act shall take effect January 1, 2003.

VII. Sections 60-62 of this act shall take effect as provided in section 64.

VIII. Sections 87, 89, 91, 93, 95, 97, 99, 100, 101, and 103-109 of this act shall take effect December 28, 2001.

IX. Sections 88, 90, 92, 94, 96, 98, and 102 of this act shall take effect December 27, 2002.

X. Sections 80-83 of this act shall take effect July 1, 2002.

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

Senator Pignatelli moved adoption.

2001-1776-EBA

06/09

Enrolled Bill Amendment to SB 152-FN

The Committee on Enrolled Bills to which was referred SB 152-FN

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 corrections.

Amend section 6 of the bill by replacing lines 1-5 with the following:

6 New Paragraph; Enforcement; New Hampshire Motor Vehicle Industry Board; Attorney's Fees. Amend RSA 357-C:12 by inserting after paragraph IX the following new paragraph:

X. In cases where the board finds that a violation of this chapter has occurred or there has been a failure to show good cause under RSA 357-C:7 or RSA 357-C:9, the superior court, upon petition, shall determine reasonable attorney’s fees and costs and award them to the prevailing

Amend RSA 357-C:12, VIII(e) as inserted by section 9 of the bill by replacing line 4 with the following:

commissioner determines that the imposition of such fee is necessary to fund the ongoing operations

Senator Pignatelli moved adoption.

2001-1835-EBA

08/10

Enrolled Bill Amendment to HB 547-FN

The Committee on Enrolled Bills to which was referred HB 547-FN

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 renumbers the subdivision inserted by the bill to conform to proper RSA format.

Amend section 1 of the bill by replacing lines 2 – 4 with the following:

inserting after section 16 the following new subdivision:

Regional Electronic Toll Collection

237:16-a Definitions. In this subdivision:

Amend section 1 of the bill by replacing line 20 with the following:

237:16-b Regional Electronic Toll Collection Authorized. The commissioner is hereby authorized

Amend section 1 of the bill by replacing line 25 with the following:

237:16-c E-Z Pass Operations Interagency Agreement.

Amend section 1 of the bill by replacing line 38 with the following:

237:16-d Rulemaking. The commissioner may adopt such rules as are necessary to enforce the

Amend section 1 of the bill by replacing line 45 with the following:

237:16-e Confidentiality of Records. Notwithstanding any other provision of law, all information

Amend section 1 of the bill by replacing line 54 with the following:

237:16-f Immunity. Nothing in this subdivision shall be construed to constitute a waiver of the

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

(y) RSA 237:16-d, relative to the E-Z Pass Interagency Agreement for Operations.

Senator Pignatelli moved adoption.

2001-1837-EBA

03/10

Enrolled Bill Amendment to HB 743

The Committee on Enrolled Bills to which was referred HB 743

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

FOR THE COMMITTEE

This enrolled bill amendment changes certain provisions of the bill to reflect changes to the RSAs previously made by HB 120 of the 2001 regular session. This enrolled bill amendment also makes technical and typographical corrections.

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

AN ACT transferring the department of youth development services to the department of health and human services.

Amend section 3 of the bill by replacing lines 1-2 with the following:

3 New Paragraphs; Department of Health and Human Services; Juvenile Justice Services. Amend RSA 126-A:4 by inserting after paragraph II the following new paragraphs:

Amend RSA 169-B:19, III-a(a) as inserted by section 5 of the bill by replacing line 3 with the following:

4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged

Amend section 15 of the bill by replacing line 2 with the following:

Board. Amend the section heading of RSA 621-A:9 and RSA 621-A:9, I to read as follows:

Amend RSA 621-A:9, II(c) as inserted by section 16 of the bill by replacing line 2 with the following:

juvenile justice services within the department, who shall serve as an ex officio

Amend section 17 of the bill by replacing it with the following:

17 New Subparagraph; Juvenile Justice Advisory Board; Member Added. Amend RSA 621-A:9, II by inserting after subparagraph (i) the following new subparagraph:

(j) One member of the house children and family law committee, appointed by the speaker of the house.

Amend paragraph I section 21 of the bill by replacing line 1 with the following:

I. RSA 169-B:35, III(c), relative to department of youth development services' access to

Senator Pignatelli moved adoption.

The House of Representatives has adopted the recommendation of the Committees of Conference to which were referred the following entitled Bills:

SB 18, relative to termination of small trusts.

SB 51, relative to financial holding companies; cash dispensing machines; the participation in meetings by out-of-state, nondepository trust company directors; and a clarification of the status of student loans.

SB 53, relative to attorneys’ fees in certain circumstances under the workers’ compensation law.

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

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

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

SB 139, relative to uniform electronic transactions.

SB 148, relative to certain penalties for violations of the youth tobacco laws.

SB 192, relative to the issuance of high/medium voltage licenses by the electrician’s board.

The House of Representatives has adopted the recommendation of the Committees of Conference to which were referred the following entitled Bills:

SB 95, relative to campaign contribution limits.

SB 111, extending the term for the payment of group health insurance premiums for certain retired members of the retirement system.

SB 118, relative to individual health insurance coverage.

SB 119, relative to small group health insurance coverage.

SB 164, establishing a comprehensive statewide accountability system concerning an adequate education.

SB 197, restructuring the judicial conduct committee as an independent judicial conduct commission and making an appropriation therefor.

Senator Francoeur moved that the Senate be in recess for the sole purpose of receiving House Messages, Enrolled Bills and amendments, and that when we adjourn, we adjourn to the Call of the Chair.

Senator Hollingworth moved that we adjourn to the Call of the Chair.