SENATE
JOURNAL 19 (cont.)
June 26, 2001
2001-1876-EBA
08/01
Enrolled Bill Amendment to SB 139
The Committee on Enrolled Bills to which was referred SB 139
AN ACT relative to uniform electronic transactions.
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
Explanation to Enrolled Bill Amendment to SB 139
This enrolled bill amendment makes a technical correction.
Enrolled Bill Amendment to SB 139
Amend section 1 of the bill by replacing line 6 with the following:
294-E:2 Definitions. In this chapter:
Senator D’Allesandro moved adoption.
Adopted.
2001-1868-EBA
03/10
Enrolled Bill Amendment to SB 197-FN
The Committee on Enrolled Bills to which was referred SB 197-FN
AN ACT establishing a judicial conduct commission.
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
Explanation to Enrolled Bill Amendment to SB 197-FN
This enrolled bill amendment corrects certain references and makes grammatical and technical corrections.
Enrolled Bill Amendment to SB 197-FN
Amend RSA 494-A:2, I as inserted by section 3 of the bill by replacing it with the following:
I. "Commission" means the judicial conduct commission established under RSA 494-A:1.
Amend RSA 494-A:3, I as inserted by section 3 of the bill by replacing line 4 with the following:
The executive director may be removed from office by vote of 2/3 of the commission. The executive
Amend RSA 494-A:10 as inserted by section 3 of the bill by replacing line 1 with the following:
494-A:10 Duties; Proceedings.
I. The commission shall be responsible for addressing complaints
Amend RSA 494-A:11, I as inserted by section 3 of the bill by replacing line 3 with the following:
complaint on its face alleges no violation of the Code of Judicial Conduct, the commission shall dismiss the
Amend RSA 490:32, II as inserted by section 4 of the bill by replacing line 3 with the following:
supreme court Rule 40;] a questionnaire, to be designed by the supreme court[;], and a self-evaluation
Amend the bill by replacing section 5 with the following:
5 Repeal. RSA 490:30, relative to the committee on judicial conduct, is repealed.
Amend section 8 of the bill by replacing line 4 with the following:
act. The governor is authorized to draw a warrant for said sums out of any moneys in the treasury not otherwise
Senator D’Allesandro moved adoption.
Adopted.
2001-1881-EBA
05/01
Enrolled Bill Amendment to HB 604-FN
The Committee on Enrolled Bills to which was referred HB 604-FN
AN ACT relative to increasing certain fees and making other changes to fish and game licenses.
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
Explanation to Enrolled Bill Amendment to HB 604-FN
This enrolled bill amendment incorporates the statutory revisions from HB 471-FN (2001, 18).
Enrolled Bill Amendment to HB 604-FN
Amend the bill by replacing sections 5 and 6 with the following:
5 Special Deer Permits; Rulemaking; Maximum 2002 Fee. Amend RSA 208:5-b to read as follows:
208:5-b Special Deer Permits. The executive director may issue special deer permits to a person licensed with the applicable license to hunt issued under RSA 214, or RSA 208:5 or 5-a. The executive director shall adopt rules pursuant to RSA 541-A relative to fixing the number and sex limitations for wild deer and any other conditions governing the location, method, and manner of taking as well as the issuance and fee for special deer permits. The executive director may charge a fee not to exceed [$10] $13 for all applications for special deer permits
6 Special Deer Permits; Rulemaking; Maximum 2003 Fee. Amend RSA 208:5-b to read as follows:
208:5-b Special Deer Permits. The executive director may issue special deer permits to a person licensed with the applicable license to hunt issued under RSA 214, or RSA 208:5 or 5-a. The executive director shall adopt rules pursuant to RSA 541-A relative to fixing the number and sex limitations for wild deer and any other conditions governing the location, method, and manner of taking as well as the issuance and fee for special deer permits. The executive director may charge a fee not to exceed [$13] $15 for all applications for special deer permits
Amend the bill by replacing sections 17 and 18 with the following:
17 Hunting; Nonresident; 2002 Fee Increase. Amend RSA 214:9, VI to read as follows:
VI. If the applicant is a nonresident, 16 years of age or older, and wishes to hunt, [$69.50] $91, and the agent shall thereupon issue a nonresident hunting license which shall entitle the licensee to hunt, shoot, kill and take, except by the use of traps, and to transport wild birds and wild animals under the restrictions of this title.
18 Hunting; Nonresident; 2003 Fee Increase. Amend RSA 214:9, VI to read as follows:
VI. If the applicant is a nonresident, 16 years of age or older, and wishes to hunt, [$91] $102, and the agent shall thereupon issue a nonresident hunting license which shall entitle the licensee to hunt, shoot, kill and take, except by the use of traps, and to transport wild birds and wild animals under the restrictions of this title.
Senator D’Allesandro moved adoption.
Adopted.
2001-1866-EBA
05/10
Enrolled Bill Amendment to HB 279-FN-A-LOCAL
The Committee on Enrolled Bills to which was referred 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, and relative to retirement allowances for certain surviving spouses of group II retirement system members.
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
Explanation to Enrolled Bill Amendment to HB 279-FN-A-LOCAL
This enrolled bill amendment amends the title of the bill to reflect its contents.
Enrolled Bill Amendment to HB 279-FN-A-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT relative to the payment of certain unfunded accrued liability of the retirement system and making an appropriation therefor; relative to payment of medical benefits costs for group II members of the retirement system; and relative to the election of optional allowances by certain retirement system members granted disability retirement benefits.
Senator D’Allesandro moved adoption.
Adopted.
2001-1867-EBA
05/10
Enrolled Bill Amendment to HB 274-FN
The Committee on Enrolled Bills to which was referred HB 274-FN
AN ACT banning the residential open burning of trash and relative to a dioxin emissions reduction and control program.
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
Explanation to Enrolled Bill Amendment to HB 274-FN
This enrolled bill amendment makes a technical correction to the bill.
Enrolled Bill Amendment to HB 274-FN
Amend RSA 125-N:3, II as inserted by section 1 of the bill by replacing line 4 with the following:
be implemented or imposed under federal authority enacted or promulgated after the effective date of this section.
Senator D’Allesandro moved adoption.
Adopted.
2001-1878-EBA
04/01
Enrolled Bill Amendment to HB 717
The Committee on Enrolled Bills to which was referred HB 717
AN ACT establishing a committee to make recommendations on policy concerning state-operated trails and private lands used by all terrain vehicles and trail bikes and relative to increasing the resident and nonresident OHRV registration fees for snow traveling vehicles, and reclassifying certain positions within the department of resources and economic development from unclassified to classified status.
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
Explanation to Enrolled Bill Amendment to HB 717
This enrolled bill amendment amends the title of the bill to reflect the contents of the bill and makes a technical correction to section 5 of the bill.
Enrolled Bill Amendment to HB 717
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to make recommendations on policy concerning state-operated trails and private lands used by all terrain vehicles and trail bikes and relative to increasing the resident and nonresident OHRV registration fees for snow traveling vehicles.
Amend the bill by replacing paragraph I of section 5 with the following:
I. Determine whether the state should continue to develop and operate trail systems for ATVs and trail bikes.
Senator D’Allesandro moved adoption.
Adopted.
2001-1874-EBA
03/01
Enrolled Bill Amendment to HB 332-FN-LOCAL
The Committee on Enrolled Bills to which was referred HB 332-FN-LOCAL
AN ACT relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses.
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
Explanation to Enrolled Bill Amendment to HB 332-FN-LOCAL
This enrolled bill amendment amends the title of the bill to reflect the contents of the bill and makes a grammatical correction.
Enrolled Bill Amendment to HB 332-FN-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT relative to resuscitation protocols for emergency medical care providers.
Amend RSA 153-A:5, III as inserted by section 1 of the bill by replacing line 1 with the following:
(h) Adopting statewide adult and pediatric resuscitation protocols for licensed emergency
Senator D’Allesandro moved adoption.
Adopted.
2001-1875-EBA
08/10
Enrolled Bill Amendment to HB 509
The Committee on Enrolled Bills to which was referred HB 509
AN ACT establishing a statute of limitations on spousal support orders.
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
Explanation to Enrolled Bill Amendment to HB 509
This enrolled bill amendment makes a technical correction to the amending language in section 2.
Enrolled Bill Amendment to HB 509
Amend section 2 of the bill by replacing line 1 with the following:
2 Divorce; Alimony; Statute of Limitations Added. Amend the introductory paragraph of RSA 458:19, I to read as follows:
Senator D’Allesandro moved adoption.
Adopted.
2001-1873-EBA
03/01
Enrolled Bill Amendment to HB 451
The Committee on Enrolled Bills to which was referred 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.
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
Explanation to Enrolled Bill Amendment to HB 451
This enrolled bill amendment corrects a reference in the bill.
Enrolled Bill Amendment to HB 451
Amend subparagraph I(n) of section 3 of the bill by replacing line 1 with the following:
(n) A representative from the advisory council on child care in New Hampshire, appointed
Senator D’Allesandro moved adoption.
Adopted.
2001-1880-EBA
08/10
Enrolled Bill Amendment to HB 131
The Committee on Enrolled Bills to which was referred HB 131
AN ACT relative to the retention and disposal of certain financial disclosure forms.
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
Explanation to Enrolled Bill Amendment to HB 131
This enrolled bill amendment adds a contingency and resolves a conflict in an RSA section amended by another bill.
Enrolled Bill Amendment to HB 131
Amend the bill by inserting after section 11 the following and renumbering the original section 12 to read as 14:
12 Contingent Renumbering. If HB 202 of the 2001 legislative session becomes law, then RSA 14-B:6 as inserted by section 5 of this act shall be renumbered as RSA 14-B:7.
13 Duplicate Amendment Nullified; HB 579. The amendment to RSA 655:40-b as inserted by section 5 of HB 579 of the 2001 legislative session shall not take effect.
Senator D’Allesandro moved adoption.
Adopted.
2001-1879-EBA
06/01
Enrolled Bill Amendment to HB 585
The Committee on Enrolled Bills to which was referred HB 585
AN ACT relative to the membership and duties of the council on resources and development.
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
Explanation to Enrolled Bill Amendment to HB 585
This enrolled bill amendment makes a technical correction to section 3 of the bill.
Enrolled Bill Amendment to HB 585
Amend the bill by replacing section 3 with the following:
3 New Paragraphs; Expansion of the Responsibilities of the Council on Resources and Development. Amend RSA 162-C:2, VIII and IX to read as follows:
VIII. Provide oversight relative to the statewide public boat access program, work with the public water access advisory board and provide recommendations to the governor and executive council regarding public access; [and]
IX. Complete the annual smart growth report required under RSA 9-B:6;
X. Review and coordinate the distribution of funds by state agencies to local and regional entities to encourage consistency with and provide support for New Hampshire’s smart growth policies under RSA 9-B:4;
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:
(a) Capital budget requests;
(b) Building operation and maintenance plans; and
(c) Facility location and planning; and
XII. Facilitate coordination of state agencies to support local, regional, and state planning efforts consistent with RSA 9-A:1-4.
Senator D’Allesandro moved adoption.
Adopted.
2001-1882-EBA
05/09
Enrolled Bill Amendment to HB 543-FN
The Committee on Enrolled Bills to which was referred 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.
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
Explanation to Enrolled Bill Amendment to HB 543-FN
This enrolled bill amendment incorporates changes made by 2001, 158 (HB 170-FN-A) into RSA 99-D:2 as inserted by section 8 of this bill, and nullifies the provisions of 2001, chapter 48 (HB 727) which are included in this bill.
Enrolled Bill Amendment to HB 543-FN
Amend RSA 99-D:2 as inserted by section 8 of the bill by replacing it with the following:
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] Pease development authority, division of ports and harbors, 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 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 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.
Amend the bill by replacing all after section 21 with the following:
22 Contingent Nullification. If this act becomes law, the provisions of 2001, 48 (HB 727) are null and void.
23 Effective Date.
I. Section 8 of this act shall take effect July 1, 2001 at 12:01 a.m.
II. The remainder of this act shall take effect July 1, 2001.
Senator D’Allesandro moved adoption.
Adopted.
2001-1869-EBA
06/09
Enrolled Bill Amendment to HB 703
The Committee on Enrolled Bills to which was referred HB 703
AN ACT relative to durable powers of attorney.
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
Explanation to Enrolled Bill Amendment to HB 703
This enrolled bill amendment incorporates changes made by 2001, 38 (HB 377).
Enrolled Bill Amendment to HB 703
Amend the bill by replacing all after section 1 with the following:
2 Powers of Attorney; Limitations on the Agent. Amend RSA 506:7, IV to read as follows:
IV.(a) The court may hold hearings, make orders and decrees, and take other actions that are necessary or proper in making determinations on matters presented by a petition filed under paragraph III.
(b) When a gift or transfer made by an agent is challenged in a petition filed under paragraph III of this section, the gift or transfer shall be presumed to be lawful if the durable power of attorney is accompanied by the disclosure statement and acknowledgement drafted in accordance with RSA 506:6, VI and VII, and explicitly authorizes such gifts or transfers. However, if the petitioner establishes that the agent made a transfer for less than adequate consideration, and the transfer is not explicitly authorized by a durable power of attorney drafted in accordance with RSA 506:6, VI and VII, the agent shall be required to prove by a preponderance of evidence that the transfer was authorized and was not a result of undue influence, fraud, or misrepresentation.
3 Effective Date.
I. Section 2 of this act shall take effect January 1, 2002 at 12:01 a.m.
II. The remainder of this act shall take effect January 1, 2002.
Senator D’Allesandro moved adoption.
Adopted.
2001-1883-EBA
08/10
Enrolled Bill Amendment to HB 702
The Committee on Enrolled Bills to which was referred HB 702
AN ACT relative to the duties of the committee to study the consumer protection effort in New Hampshire and relative to the membership of the long-term care board.
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
Explanation to Enrolled Bill Amendment to HB 702
This enrolled bill amendment corrects the title of the bill to accurately reflect the content of the bill, and corrects statutory references in the bill.
Enrolled Bill Amendment to HB 702
Amend the title of the bill by replacing it with the following:
AN ACT relative to the duties of the committee to study the consumer protection effort in New Hampshire, relative to the membership of the long-term care board, and establishing a task force on privacy issues.
Amend section 1 of the bill by replacing line 1 with the following:
1 Duties. 2001, 12:3 is repealed and reenacted to read as follows:
Amend section 2 of the bill by replacing line 4 with the following:
II. RSA 126-L:3, I(i), relative to membership of a representative of the New Hampshire
Amend section 2 of the bill by replacing line 6 with the following:
III. RSA 126-L:3, I(j), relative to membership of a representative of the New Hampshire
Amend section 4 of the bill by replacing line 3 with the following:
(n) Up to 7 members appointed by the 13 members in subparagraphs (a)-(m).
Senator D’Allesandro moved adoption.
Adopted.
2001-1877-EBA
05/09
Enrolled Bill Amendment to SB 118
The Committee on Enrolled Bills to which was referred SB 118
AN ACT relative to individual health insurance coverage and extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation.
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
Explanation to Enrolled Bill Amendment to SB 118
This enrolled bill amendment makes grammatical and technical corrections.
Enrolled Bill Amendment to SB 118
Amend section 2 of the bill by replacing line 1 with the following:
2 Ratio Changed. RSA 420-G:4, I(a)(2) is repealed and reenacted to read as follows:
Amend RSA 404-G:3, III(i) as inserted by section 7 of the bill by replacing line 4 with the following:
of the pool with a carrier, a preferred provider organization, a health maintenance organization, or
Amend RSA 404-G:5-c, III(b) as inserted by section 10 of the bill by replacing line 1 with the following:
(b) The payment of claims and the development of procedures to ensure that each claim is
Amend RSA 404-G:5-d, II as inserted by section 10 of the bill by replacing line 2 with the following:
allowable health status factor, for health benefit plans or policies which are presently available in
Amend RSA 404-G:5-e, I(c) as inserted by section 10 of the bill by replacing line 2 with the following:
adopted by the association; or
Amend RSA 404-G:5-e, VI(e) as inserted by section 10 of the bill by replacing line 2 with the following:
eligibility or place of residence to which the person does not reply, provided the person has 90 days to
Amend RSA 404-G:5-f, II as inserted by section 10 of the bill by replacing line 1with the following:
II. The following provisions of title 37 shall apply to the pool to the extent applicable and
Senator D’Allesandro moved adoption.
Adopted.
2001-1884-EBA
03/10
Enrolled Bill Amendment to HB 649-FN
The Committee on Enrolled Bills to which was referred HB 649-FN
AN ACT relative to compensation for time lost by state employees injured in the line of duty.
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
Explanation to Enrolled Bill Amendment to HB 649-FN
This enrolled bill amendment revises the text of an RSA section in the bill to reflect current law, and makes a grammatical correction to statutory provisions added by the bill in order to conform them with existing provisions of law.
Enrolled Bill Amendment to HB 649-FN
Amend RSA 21-I:43-a as inserted by section 1 of the bill by replacing line 5 with the following:
his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury.
Amend RSA 106-B:18 as inserted by section 2 of the bill by replacing line 7 with the following:
[director of the division of state police] commissioner of safety shall make the final determination as to whether the injury received is in line
Amend RSA 206:26-c as inserted by section 3 of the bill by replacing line 6 with the following:
to perform normal or routine duties, shall not be charged against annual leave or sick leave for the time lost
Senator D’Allesandro moved adoption.
Adopted.
2001-1872-EBA
06/09
Enrolled Bill Amendment to HB 676-LOCAL
The Committee on Enrolled Bills to which was referred 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.
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
Explanation to Enrolled Bill Amendment to HB 676-LOCAL
This enrolled bill amendment makes a grammatical correction in the title and section 1 of the bill.
Enrolled Bill Amendment to HB 676-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study the creation of a regional program for collection and marketing of certain components of the municipal solid waste stream.
Amend section 1 of the bill by replacing line 2 with the following:
program for collection and marketing of certain components of the municipal solid waste stream.
Senator D’Allesandro moved adoption.
Adopted.
2001-1870-EBA
06/09
Enrolled Bill Amendment to SB 164-FN-A-LOCAL
The Committee on Enrolled Bills to which was referred SB 164-FN-A-LOCAL
AN ACT establishing a comprehensive statewide accountability system concerning an adequate education.
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
Explanation to Enrolled Bill Amendment to SB 164-FN-A-LOCAL
This enrolled bill amendment corrects the title of the bill and makes certain grammatical and technical corrections.
Enrolled Bill Amendment to SB 164-FN-A-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT establishing a comprehensive statewide accountability system concerning an adequate education and relative to nonrenomination of teacher contracts.
Amend RSA 193-G:2, II as inserted by section 2 of the bill by replacing line 2 with the following:
academic areas assessed on the statewide tests administered in the following grades in accordance
Amend RSA 193-G:2 as inserted by section 2 of the bill by replacing paragraph IV with the following:
IV.(a) The percentage of pupils who drop out of school annually should not exceed the following rates:
(1) 0.5 percent for middle schools and junior high schools.
(2) 5 percent for high schools.
(b) 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.
Amend RSA 193-G:2, VIII(a)(2) as inserted by section 2 of the bill by replacing line 5 with the following:
higher NHEIAP grade level assessed in the school attended by the majority of the pupils from the
Amend RSA 193-G:2, IX as inserted by section 2 of the bill by replacing line 5 with the following:
this section.
Amend RSA 193-G:2, X as inserted by section 2 of the bill by replacing line 1 with the following:
X. No later than January 1, 2006, and every 3 years thereafter, the state board shall submit
Amend RSA 193-E:3, II as inserted by section 5 of the bill by replacing line 2 with the following:
department of education data at the school and district levels for the previous school year and any other
Amend RSA 193-E:3, VII as inserted by section 5 of the bill by replacing line 1 with the following:
VII. No later than January 1, 2003, the department of education shall prepare and submit to
Amend section 9 of the bill by replacing lines 3-6 with the following:
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
Senator D’Allesandro moved adoption.
Adopted.
2001-1871-EBA
03/01
Enrolled Bill Amendment to HB 738
The Committee on Enrolled Bills to which was referred HB 738
AN ACT establishing a commission to assess the operating efficiency of state government.
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
Explanation to Enrolled Bill Amendment to HB 738
This enrolled bill amendment corrects certain references in the bill.
Enrolled Bill Amendment to HB 738
Amend paragraph I of section 3 of the bill by replacing line 1 with the following:
I. In its study of the restructuring of state government, the 6 major objectives of the
Amend paragraph II of section 3 of the bill by replacing line 1 with the following:
II. The commission shall adopt the following methodology in order to achieve its 6 objectives:
Amend subparagraph II(c) of section 3 of the bill by replacing line 1 with the following:
(c) Third, the commission shall conduct a series of structured interviews with various
Senator D’Allesandro moved adoption.
Adopted.
2001-1859-EBA
04/01
Enrolled Bill Amendment to SB 41
The Committee on Enrolled Bills to which was referred SB 41
AN ACT relative to technical corrections for life, accident and health insurance.
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
Explanation to Enrolled Bill Amendment to SB 41
This bill makes a technical correction to section 2 of the bill.
Enrolled Bill Amendment to SB 41
Amend line 6 of section 2 of the bill by replacing it with the following:
[(E)] (F) Extension coverage need not be provided beyond:
Senator D’Allesandro moved adoption.
Adopted.
2001-1855-EBA
03/09
Enrolled Bill Amendment to SB 48
The Committee on Enrolled Bills to which was referred SB 48
AN ACT relative to the rental of shared living facilities.
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
Explanation to Enrolled Bill Amendment to SB 48
This enrolled bill amendment changes the word "premise" to "premises."
Enrolled Bill Amendment to SB 48
Amend RSA 540-B:3, III as inserted by section 3 of the bill by replacing line 2 with the following:
damage to the premises, or behavior of the occupant or guest of any family member of the occupant
Senator D’Allesandro moved adoption.
Adopted.
2001-1751-EBA
08/10
Enrolled Bill Amendment to SB 157
The Committee on Enrolled Bills to which was referred SB 157
AN ACT relative to state government information dissemination and access.
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
Explanation to Enrolled Bill Amendment to SB 157
This enrolled bill amendment makes a grammatical correction.
Enrolled Bill Amendment to SB 157
Amend RSA 202-B:2, II as inserted by section 4 of the bill by replacing line 2 with the following:
products to program libraries, or the act of making state government information products
Senator D’Allesandro moved adoption.
Adopted.
2001-1864-EBA
03/10
Enrolled Bill Amendment to SB 193-FN-A-LOCAL
The Committee on Enrolled Bills to which was referred SB 193-FN-A-LOCAL
AN ACT relative to changes in the property tax system and making an appropriation therefor.
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
Explanation to Enrolled Bill Amendment to SB 193-FN-A-LOCAL
This enrolled bill amendment corrects certain references in the bill.
Enrolled Bill Amendment to SB 193-FN-A-LOCAL
Amend RSA 21-J:1-a, III as inserted by section 1 of the bill by replacing it with the following:
III. The equalization standards board, established under RSA 21-J:14-c.
Amend RSA 21-J:14-b, I(b) as inserted by section 2 of the bill by replacing line 1 with the following:
(b) Standards to be followed by assessors, selectmen, and boards of assessors
Amend RSA 21-J:14-b, II as inserted by section 2 of the bill by replacing line 5 with the following:
recommended changes, in accordance with paragraph III, the board shall proceed to adopt any
Amend RSA 21-J:14-b, III as inserted by section 2 of the bill by replacing line 2 with the following:
recommendations for proposed legislation to the governor, the president of the senate, the speaker of the
Amend RSA 21-J:14-c, II(a)(1)(B) as inserted by section 2 of the bill by replacing line 1 with the following:
(B) One member nominated by the New Hampshire School Boards Association
Amend RSA 21-J:14-d, III as inserted by section 2 of the bill by replacing line 6 with the following:
board shall proceed to adopt any proposed rules.
Amend RSA 21-J:14-d, IV as inserted by section 2 of the bill by replacing line 2 with the following:
recommendations for proposed legislation to the governor, the president of the senate, the speaker of the
Amend RSA 21-J:14-g, I as inserted by section 2 of the bill by replacing lines 3-4 with the following:
of RSA 21-J:14-e and RSA 21-J:14-f or with rules adopted by the commissioner under RSA 21-J:14-f.
Amend RSA 21-J:9-c as inserted by section 17 of the bill by replacing line 3 with the following:
RSA 71-B:17:
Senator D’Allesandro moved adoption.
Adopted.
2001-1861-EBA
03/10
Enrolled Bill Amendment to SB 21
The Committee on Enrolled Bills to which was referred SB 21
AN ACT establishing a commission to develop recommendations for legislation to reduce regulatory barriers to and possible incentives for the creation of affordable housing in order to encourage the development of such housing.
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
Explanation to Enrolled Bill Amendment to SB 21
This enrolled bill amendment corrects certain references and makes a grammatical correction
Enrolled Bill Amendment to SB 21
Amend section 2 of the bill by replacing line 2 with the following:
legislation aimed at reducing regulatory barriers to the creation of affordable housing, and encouraging
Amend subparagraph I(e) of section 3 of the bill by replacing line 1 with the following:
(e) The executive director of the Home Builders and Remodelers Association of New Hampshire, or
Amend subparagraph I(f) of section 3 of the bill by replacing it with the following:
(f) The director of the office of state planning, or designee.
Amend subparagraph I(h) of section 3 of the bill by replacing it with the following:
(h) The executive director of the New Hampshire Association of Realtors, or designee.
Amend subparagraph I(q) of section 3 of the bill by replacing it with the following:
(q) The director of the Granite State Independent Living Foundation, or designee.
Senator D’Allesandro moved adoption.
Adopted.
2001-1832-EBA
06/09
Enrolled Bill Amendment to HB 731-FN
The Committee on Enrolled Bills to which was referred HB 731-FN
AN ACT relative to securities laws, making a change to Article 9 of the Uniform Commercial Code, and relative to standards for records filed with a registry of deeds.
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
Explanation to Enrolled Bill Amendment to HB 731-FN
This enrolled bill amendment makes certain grammatical changes to the bill.
Enrolled Bill Amendment to HB 731-FN
Amend section 2 of the bill by replacing line 1 with the following:
2 Securities; Definition of "Federal Covered Adviser". Amend RSA 421-B:2, V-d to read as
Amend RSA 421-B:6, II as inserted by section 4 of the bill by replacing line 11 with the following:
broker-dealer, issuer-dealer, federal covered adviser, and investment adviser shall promptly notify
Amend RSA 421-B:6, V(c) as inserted by section 6 of the bill by replacing lines 3-4 with the following:
10) examination(s) or a principal’s examination applicable to the licensee’s business conducted at that location. Administration of examinations shall be conducted by the National Association of
Amend RSA 421-B:7, I as inserted by section 7 of the bill by replacing line 12 with the following:
case of an investment adviser, Form ADV, specimens of investment adviser contracts, and the
Amend RSA 421-B:7, I-a(e)(2) as inserted by section 7 of the bill by replacing line 2 with the following:
update information required by Form U-4 as changes occur. An investment adviser
Amend RSA 421-B:7, I-b as inserted by section 7 of the bill by replacing line 5 with the following:
(SEC) and a Form U-2, and shall pay initial and annual fees in accordance with RSA 421-B:31. Initial
Amend section 8 of the bill by replacing line 2 with the following:
Adviser Licensees. Amend RSA 421-B:7 by inserting after paragraph VI the following new
Amend RSA 421-B:8, XIII(a)(3) as inserted by section 11 of the bill by replacing line 1 with the following:
(3) An investment adviser shall deliver the disclosure statement required by this
Amend section 12 of the bill by replacing lines 1-6 with the following:
12 Securities; Post-Licensing Provisions; Limitation on Scope of Investment Adviser Discretion. Amend RSA 421-B:8, XVI(e) to read as follows:
(e) For purposes of these rules an investment adviser shall not be deemed to be exercising discretion when it places a trade order with a broker-dealer, pursuant to a third party trading agreement if:
(1) The investment adviser has executed a separate investment adviser
Amend RSA 421-B:8, XVI(e)(2) as inserted by section 12 of the bill by replacing line 1 with the following:
(2) The investment adviser contract specifically states that the client does not
Senator D’Allesandro moved adoption.
Adopted.
2001-1852-EBA
03/01
Enrolled Bill Amendment to HB 126-FN
The Committee on Enrolled Bills to which was referred HB 126-FN
AN ACT relative to the board of pharmacy and the regulation of pharmacists.
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
Explanation to Enrolled Bill Amendment to HB 126-FN
The enrolled bill amendment makes grammatical corrections and corrects certain references.
Enrolled Bill Amendment to HB 126-FN
Amend section 1 of the bill by replacing line 1 with the following:
1 Pharmacists and Pharmacies; Definitions; Pharmacist-in-Charge. Amend RSA 318:1, X to read
Amend section 2 of the bill by replacing line 1 with the following:
2 Pharmacists and Pharmacies; Definitions; Prescription. Amend RSA 318:1, XVI to read as
Amend section 3 of the bill by replacing line 1 with the following:
3 Pharmacists and Pharmacies; Definitions; Prescription Drug. Amend RSA 318:1, XVII to read
Amend RSA 318:1, XVII(a) as inserted by section 3 of the bill by replacing line 2 with the following:
be labeled with [either] any of the following statements:
Amend RSA 318:1, XVII(a)(2) as inserted by section 3 of the bill by replacing line 2 with the following:
veterinarian"[;], or
Amend RSA 318:38, I as inserted by section 7 of the bill by replacing line 8 with the following:
but not limited to, the compounding[,] and dispensing of medicines upon prescriptions and for the
Senator D’Allesandro moved adoption.
Adopted.
2001-1863-EBA
03/01
Enrolled Bill Amendment to HB 408-FN
The Committee on Enrolled Bills to which was referred HB 408-FN
AN ACT relative to the regulation of nursing by the board of nursing.
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
Explanation to Enrolled Bill Amendment to HB 408-FN
This enrolled bill amendment makes certain grammatical corrections and corrects a reference in the bill.
Enrolled Bill Amendment to HB 408-FN
Amend section 1 of the bill by replacing line 2 with the following:
REGISTERED NURSES [AND], LICENSED PRACTICAL NURSES,
Amend RSA 326-B:1, I as inserted by section 2 of the bill by replacing line 7 with the following:
nursing or nursing-related activities, or who represent themselves as registered nurses [or],
Amend RSA 326-B:2, I as inserted by section 3 of the bill by replacing line 2 with the following:
registered nurse practitioner, registered nurse, or licensed practical nurse or nursing-
Amend RSA 326-B:2, VIII-a as inserted by section 5 of the bill by replacing line 5 with the following:
adopted by the board under RSA 541-A or who have successfully completed a board-approved
Amend RSA 326-B:2, XII as inserted by section 6 of the bill by replacing line 2 with the following:
nursing as a registered nurse or licensed practical nurse or nursing-related activities as a
Amend RSA 326-B:2, XVI as inserted by section 8 of the bill by replacing lines 2-4 with the following:
registered nurse practitioner, dentist, or physician, by an L.P.N. who is prepared to function as a member of the health care team by exercising sound nursing judgment based on preparation, knowledge, skills, understanding, and past nursing experience. Practical nursing by an L.P.N.
Amend section 10 of the bill by replacing line 1 with the following:
10 Board of Nursing; New Members; Licensed Nursing Assistants. Amend RSA 326-B:3, I to
Amend RSA 326-B:6, III as inserted by section 17 of the bill by replacing line 4 with the following:
evaluation; or have graduated from a recognized Canadian nursing education program; or be a
Senator D’Allesandro moved adoption.
Adopted.
2001-1854-EBA
06/01
Enrolled Bill Amendment to HB 652
The Committee on Enrolled Bills to which was referred HB 652
AN ACT relative to the penalties for reckless or negligent operation of a motor vehicle.
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
Explanation to Enrolled Bill Amendment to HB 652
This amendment makes a technical change to statutory numbering in the bill.
Enrolled Bill Amendment to HB 652
Amend line 3 of section 2 of the bill to read as follows:
265:79-b Negligent Driving. Whoever upon any way drives a vehicle negligently or causes a
Senator D’Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLD BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 1, making appropriations for the expenses of certain state departments of the state for fiscal years ending June 30, 2002 and June 30, 2003.
Senator D’Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLD BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 170, relative to state fees, funds, revenues, and expenditures.
Senator Pignatelli moved adoption.
Adopted.
Report of Committee on Enrolled Bills
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bill:
HB 126, relative to the board of pharmacy and the regulation of pharmacists.
HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for development disabilities.
HB 258, establishing a task force to conduct and ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.
HB 260, establishing a commission to examine child care resources for parents who work hours other than first shift.
HB 288, relative to the licensure of interpreters for the deaf and hard of hearing.
HB 408, relative to the regulation of nursing by the board of nursing.
HB 475, establishing a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.
HB 588, relative to examination of persons called as jurors.
HB 652, relative to the penalties for reckless or negligent operation of a motor vehicle.
HB 707, establishing a 211 commission.
HB 731, relative to securities laws, making a change to Article 9 of the Uniform Commercial Code, and relative to standards for records filed with a registry of deeds.
SB 41, relative to technical corrections for life, accident and health insurance.
SB 48, relative to the rental of shared living facilities.
SB 157, relative to state government information dissemination and access.
Senator D’Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLD BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 25, making appropriations for capital improvements.
HB 103, relative to the possession of deadly weapons by convicted felons or during the commission or attempted commission of a violent crime.
HB 202, relative to the legislative ethics committee.
HB 271, relative to criminal liability for the conduct of another.
HB 361, establishing a committee to study certain policies and procedures in the department of corrections.
HB 374, relative to surcharges on pay telephone use.
HB 390, relative to the Live-Birth Infants Protection Act.
HB 402, relative to the establishment of a state universal service fund.
HB 412, requiring the public higher education study committee to study the feasibility of granting state franchise rights to providers of on-line education courses.
HB 446, relative to spousal and child support enforcement.
HB 499, making state-appointed advisory committees subject to the right-to-know law.
HB 525, relative to property and casualty insurance.
HB 554, establishing a division of information technology within the department of safety.
HB 584, relative to the registration and licensure of ORHV dealers and rental agents.
HB 616, clarifying sessions to be held at the satellite district court in Durham.
HB 667, relative to certain reporting requirements and relative to meetings of the board of medicine.
HB 699, relative to the rights of non-offending parents in the context of abuse and neglect cases.
HB 764, relative to the criminal offense of kidnapping.
SB 54, relative to the transfer of funds in the community-technical college system.
SB 76, requiring attendance in an education and training program by those who obtain a liquor license and relative to applications for one-day liquor licenses.
SB 99, relative to the extension of time for filing a community benefit plan.
SB 103, changing the qualification requirements for charitable organizations that conduct bingo or lucky 7.
SB 109, implementing certain federal regulations relative to setting minimum requirements for employee benefit plan procedures pertaining to the filing of benefit claims, notification of benefit determinations, and appeal of adverse benefit determinations.
SB 149, changing the definition of "person" with respect to motor vehicle records and certification and permitting certain medical researchers access to motor vehicle records.
SB 152, relative to the regulation of business practices between motor vehicle manufacturers, distributors, and dealers.
SB 168, relative to education property tax hardship relief.
SB 170, making certain changes to excavation tax and excavation activity tax.
SB 176, establishing an equipment depository and disabled person’s employment fund in the department of administrative services.
SB 184, relative to review of fees for the removal and impoundment of motor vehicles.
Senator D’Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLD BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 131, relative to the retention and disposal of certain financial disclosure forms.
HB 132, relative to the damage or destruction of an emergency vehicle or emergency services equipment.
HB 215, relative to publication of status of cases before the supreme court.
HB 238, relative to interstate banking.
HB 256, limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.
HB 259, relative to holding sessions for correction of checklists.
HB 274, banning the residential open burning of trash and relative to a dioxin emissions reduction and control program.
HB 277, clarifying the penalties for violations of statutes or ordinances where no penalty is specified.
HB 279, relative to the payment of certain unfunded accrued liability of the retirement system and making an appropriate therefore; relative to payment of medical benefits costs for group II members of the retirement system; and relative to the election of optional allowances by certain retirement system members granted disability retirement benefits.
HB 315, relative to the registration of criminal offenders.
HB 320, relative to leasing certain portions of railroad properties and relative to the definition and taxation of amusement railroads.
HB 328, relative to fees of sheriffs and deputy sheriffs.
HB 332, relative to resuscitation protocols for emergency medical care providers.
HB 337, relative to the administration of the public utilities commission, establishing the position of executive director of the public utilities commission, and relative to the position of assistant commissioner of the department of corrections.
HB 354, extending the kindergarten construction program.
HB 357, relative to periodic payments of judgements.
HB 373, relative to surety bonds for detective agencies and security services.
HB 385, changing the name, membership and duties of the office of volunteerism.
HB 426, relative to the voluntary scrapie flock certification program.
HB 444, relative to mental health services and records.
HB 450, relative to work product and relative to attorneys’ fees under the right-to-know law.
HB 451, establishing a commission to study the impact of pay and health care benefits for child care workers on the quality of care and education for children by considering and exploring funding methods for accomplishing any recommendations.
HB 509, establishing a statute of limitations on spousal support orders.
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.
HB 578, relative to requirements for nonpublic utility providers of telephone services and competitive telecommunication providers, and relative to the information technology management advisory board.
HB 585, relative to the membership and duties of the council on resources and development.
HB 603, providing the commissioner of administrative services an option to self-fund the state employee health plan and requiring a reserve fund therefor.
HB 604, relative to increasing certain fees and making other changes to fish and game licenses.
HB 643, extending the moratorium on new nursing home beds.
HB 649, relative to compensation for time lost by state employees injured in the line of duty.
HB 676, establishing a committee to study the creation of a regional program for collection and marketing of certain components of the municipal solid waste stream.
HB 702, relative to the duties of the committee to study the consumer protection effort in New Hampshire, relative to the membership of the long-term care board, and establishing a task force on privacy issues.
HB 703, relative to durable powers of attorney.
HB 717, establishing a committee to make recommendations on policy concerning state-operated trails and private lands used by all terrain vehicles and trail bikes and relative to increasing the resident and nonresident OHRV registration fees for snow traveling vehicles.
HB 723, relative to vacancies in county office.
HB 726, relative to change of school assignment and transfers of public school pupils and relative to the voting procedures for authorizing certain capital projects in interstate school districts.
HB 738, establishing a commission to assess the operating efficiency of state government.
HB 743, transferring the department of youth development services to the department of health and human services.
HB 758, relative to the sale of gasoline containing ethers and establishing a gasoline remediation and elimination of ethers fund.
SB 21, establishing a commission to develop recommendations for legislation to reduce regulatory barriers to and possible incentives for the creation of affordable housing in order to encourage the development of such housing.
SB 118, relative to individual health insurance coverage and extending the reporting date for the health kids subcommittee and clarifying the mission statement of the health kids corporation.
SB 139, relative to uniform electronic transactions.
SB 164, establishing a comprehensive statewide accountability system concerning an adequate education and relative to nonrenomination of teacher contracts.
SB 192, relative to the issuance of high/medium voltage licenses by the electricians’ board.
SB 193, relative to changes in the property tax system and making an appropriation therefor.
SB 197, establishing a judicial conduct commission.
Senator D’Allesandro moved adoption.
Adopted.
REPORT OF COMMITTEE ON ENROLLD BILLS
The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:
HB 405, establishing a committee to study the creation of an at-home infant child care program in New Hampshire.
HB 547, authorizing participation in a regional electronic toll collection system.
SB 18, relative to termination of small trusts.
SB 51, relative to financial holding companies, establishing a cash dispensing machines study committee, and relative to the participation in meetings by out-of-state, nondepository trust company directors, and clarifying 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 111, extending the payment of group health insurance premiums for certain retired members of the retirement system.
SB 119, relative to small group health insurance coverage.
SB 148, relative to certain penalties for violations of the youth tobacco laws and establishing a committee to study the feasibility of transferring some of the responsibilities currently held by the commissioner of the department of revenue administration under RSA 78 to the liquor commission.
Senator D’Allesandro moved adoption.
Adopted.
Recess.
Out of recess.
VETOED BY THE GOVERNOR
Senate Bill 164, an Act establishing a comprehensive statewide accountability system concerning an adequate education.
Adjourned to the Call of the Chair.