Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 156-181 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

First and Second Reading and Referral

SB 156, relative to the suspension of drivers licenses of persons under 20 years of age. (Sen. Gordon, Dist 2; Sen. Pignatelli, Dist 13; Rep. Packard, Rock 29: Transportation)

SB 157, relative to state government information dissemination and access. (Sen. D’Allesandro, Dist 20: Internal Affairs)

SB 158-FN, relative to payment of medical benefits for certain retirement system members retiring with combined creditable service or for certain members who have dependent children. (Sen. Wheeler, Dist 21; Sen. Klemm, Dist 22; Rep. Pepino, Hills 40: Insurance)

SB 159-FN, relative to benefit options for surviving spouses and designated beneficiaries of deceased members of the retirement system. (Sen. Wheeler, Dist 21; Rep. Pepino, Hills 40; Rep. L. Fraser, Merr 9: Insurance)

SB 160-FN-A-LOCAL, establishing a comprehensive, statewide educational accountability system, including the provision of education improvement assistance to local school districts, and making an appropriation therefor. (Sen. McCarley, Dist 6; Sen. Disnard, Dist 8; Sen. D’Allesandro, Dist 20; Sen. Larsen, Dist 15; Rep. Estabrook, Straf 8: Education)

SB 161-FN-A, relative to treatment for individuals with disabilities and making an appropriation therefor. (Sen. D’Allesandro, Dist 20; Sen. Gordon, Dist 2; Sen. Wheeler, Dist 21; Rep. Manning, Ches 9; Rep. Emerton, Hills 7: Public Institutions, Health and Human Services)

SB 162-FN, relative to privatization contracts for public service. (Sen. Wheeler, Dist 21; Sen. Below, Dist 5: Executive Departments and Administration)

SB 163-FN, relative to salaries for New Hampshire state police. (Sen. Eaton, Dist 10; Sen. Wheeler, Dist 21; Sen. Hollingworth, Dist 23; Sen. O’Hearn, Dist 12; Sen. Gordon, Dist 2; Sen. O’Neil, Dist 18; Rep. Packard, Rock 29; Rep. Bartlett, Belk 6; Rep. Fairbanks, Ches 18; Rep. Herman, Hills 13: Transportation)

SB 164-FN-A-LOCAL, establishing a comprehensive statewide accountability system concerning an adequate education. (Sen. O’Hearn, Dist 12; Rep. Kurk, Hills 5: Education)

SB 165-FN, relative to the sale, registration, and use of 3-wheeled all-terrain vehicles for off-highway recreational use. (Sen. Eaton, Dist 10: Transportation)

SB 166-FN, relative to processing applications for the children’s health insurance program (CHIP). (Sen. Gordon, Dist 2; Sen. Eaton, Dist 10; Sen. Johnson, Dist 3; Rep. Naro, Graf 7: Public Institutions, Health and Human Services)

SB 167-FN-A, relative to the medicaid payment for long-term care services. (Sen. Gordon, Dist 2; Sen. Johnson, Dist 3; Rep. Blanchard, Rock 33; Rep. P. Katsakiores, Rock 13; Rep. Francoeur, Rcok 22; Rep. M. Fuller Clark, Rock 36: Public Institutions, Health and Human Services)

SB 168-FN, relative to education property tax hardship relief. (Sen. Below, Dist 5: Public Affairs)

SB 169-FN, relative to the procedure for appeal of a timber yield tax assessment and relative to the notice of intent to cut. (Sen. Below, Dist 5; Sen. D’Allesandro, Dist 20; Rep. Patten, Carr 9: Public Affairs)

SB 170-FN-LOCAL, making certain changes to the excavation tax and excavation activity tax. (Sen. Below, Dist 5; Sen. D’Allesandro, Dist 20; Rep. Patten, Carr 9: Ways and Means)

SB 171-FN, relative to the negotiation of cost items within the public employee collective bargaining process and relative to computation of leave for state police employees injured in the line of duty. (Sen. Below, Dist 5: Executive Departments and Administration)

SB 172-FN, exempting rentals of motor vehicles by governmental entities and certain nonprofit organizations from the meals and rooms tax. (Sen. Below, Dist 5; Rep. Dudley, Graf 14; Rep. Scovner, Graf 13; Rep. Pawlek, Graf 14; Rep. Almy, Graf 14: Ways and Means)

SB 173-FN-A, creating a business profits tax credit for certain donations made for science and technology equipment and facilities to the university system of New Hampshire or any of its component institutions. (Sen. Larsen, Dist 15; Sen. Cohen, Dist 24; Sen. O’Neil, Dist 18; Sen. Eaton, Dist 10; Sen. Wheeler, Dist 21; Sen. Pignatelli, Dist 13; Sen. D’Allesandro, Dist 20; Sen. Gordon, Dist 2; Rep. Snyder, Straf 14: Ways and Means)

SB 174-FN-A, including Martin Luther King, Jr. Civil Rights Day as a holiday for which certain state employees are entitled to holiday pay. (Sen. Larsen, Dist 15; Sen. Gordon, Dist 2; Rep. Poulin, Merr 14; Rep. Teschner, Graf 5; Rep. Cobb, Graf 5: Internal Affairs)

SB 175-FN, relative to the position of assistant commissioner of the department of corrections. (Sen. Larsen, Dist 15; Sen. D’Allesandro, Dist 20; Sen. McCarley, Dist 6; Rep. T. Reardon, Merr 23: Insurance)

SB 176-FN-A, establishing an equipment depository and disabled person's employment fund in the department of administrative services. (Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Sen. D’Allesandro, Dist 20: Public Institutions, Health and Human Services )

SB 177-FN-LOCAL, relative to computation of tax increments in municipal economic development and revitalization districts. (Sen. Eaton, Dist 10; Sen. Disnard, Dist 8; Sen. Larsen, Dist 15; Rep. Rodeschin, Sull 8; Rep. Giordano, Rcok 26; Rep. J. Bradley, Carr 8: Ways and Means)

SB 178, relative to uniform computer information transactions. (Sen. D’Allesandro, Dist 20: Energy and Economic Development)

SB 179-FN, relative to procedures for bid listing for state construction contracts. (Sen. O’Neil, Dist 18: Executive Departments and Administration)

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor. (Sen. Barnes, Dist 17; Sen. Larsen, Dist 15: Judiciary)

SB 181, relative to the manufacture, sale, or installation of certain smoke detectors. (Sen. Klemm, Dist 22; Sen. McCarley, Dist 6: Executive Departments and Administration)

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

HB 102, allowing bankruptcy judges to perform marriages after obtaining a special license.

HB 106, relative to honey products.

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

HB 113, relative to the Nute High School and library trustees.

HB 116, establishing a policy for naming state highways, bridges, and buildings.

HB 125, naming New Hampshire route 12-A from West Lebanon to the Cornish-Windsor Bridge the Maxfield Parrish Highway.

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

HB 140, relative to interest on judgments.

HB 160, establishing a committee to study the issue of one-day/one-trial jurors.

HB 163, establishing a committee to study opening the state house to the public on weekends.

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

HB 228, relative to dealing in and possessing prescription drugs by podiatrists.

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

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.

HJR 1, urging Congress to expand eligibility for membership in the American Legion.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 102-HJR 1 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 102, allowing bankruptcy judges to perform marriages after obtaining a special license. (Executive Departments and Administration)

HB 106, relative to honey products. (Wildlife and Recreation)

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

HB 113, relative to the Nute High School and library trustees. (Education)

HB 116, establishing a policy for naming state highways, bridges, and buildings. (Transportation)

HB 125, naming New Hampshire route 12-A from West Lebanon to the Cornish-Windsor Bridge the Maxfield Parrish Highway. (Transportation)

HB 129, relative to amending condominium instruments governing assignment of limited common areas. (Executive Departments and Administration)

HB 140, relative to interest on judgments. (Judiciary)

HB 160, establishing a committee to study the issue of one-day/one-trial jurors. (Judiciary)

HB 163, establishing a committee to study opening the state house to the public on weekends. (Internal Affairs)

HB 175-FN, relative to the amount of the homestead right. (Executive Departments and Administration)

HB 228, relative to dealing in and possessing prescription drugs by podiatrists. (Executive Departments and Administration)

HB 230, relative to scheduled permanent impairment awards under the workers’ compensation law. (Insurance)

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. (Transportation)

HJR 1, urging Congress to expand eligibility for membership in the American Legion. (Internal Affairs)

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

HB 109, establishing a committee to study the consumer protection effort in New Hampshire.

HB 111, relative to paper purchased by or for state agencies.

HB 117, establishing a committee to study the adoption of the uniform common interest ownership act.

HB 118, authorizing physicians who practice medicine in certain states other than the state of New Hampshire to complete certifications exempting children residing in the state of New Hampshire from immunization.

HB 121, establishing a committee to study methods of reducing the cost of obtaining justice for low-income citizens.

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

HB 135, creating a commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload.

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

HB 144, establishing a committee to study the CHINS process.

HB 197, extending the reporting date of the commission to study methods for reducing violent incidents involving children and guns.

HCR 1, urging the federal government to allow military retirees to receive service-connected disability compensation benefits without requiring them to waive an equal amount of retirement pay.

HCR 2, urging the federal government to establish a new zip code for the town of Kensington.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 109 - HCR 2 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 109, establishing a committee to study the consumer protection effort in New Hampshire. (Executive Departments and Administration)

HB 111, relative to paper purchased by or for state agencies. (Environment)

HB 117, establishing a committee to study the adoption of the uniform common interest ownership act. (Public Affairs)

HB 118, authorizing physicians who practice medicine in certain states other than the state of New Hampshire to complete certifications exempting children residing in the state of New Hampshire from immunization. (Public Institutions, Health and Human Services)

HB 121, establishing a committee to study methods of reducing the cost of obtaining justice for low-income citizens. (Judiciary)

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists. (Executive Departments and Administration)

HB 135, creating a commission to study the state’s increasing appellate caseload and solutions to the increasing appellate caseload. (Judiciary)

HB 142, establishing a committee to study encryption of confidential information. (Internal Affairs)

HB 144, establishing a committee to study the CHINS process. (Public Institutions, Health and Human Services)

HB 197, extending the reporting date of the commission to study methods for reducing violent incidents involving children and guns. (Judiciary)

HCR 1, urging the federal government to allow military retirees to receive service-connected disability compensation benefits without requiring them to waive an equal amount of retirement pay. (Insurance)

HCR 2, urging the federal government to establish a new zip code for the town of Kensington. (Internal Affairs)

Senator Eaton moved that the business of the day being completed that the Senate now adjourn until Thursday, March 15, 2001, at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator Flanders led the Pledge of Allegiance.

Senator Francoeur is excused for the day.

Senator Below moved to vacate SB 178, relative to uniform computer information transactions, from the Energy and Economic Development Committee to the Internal Affairs Committee.

SB 36-FN-A, making an appropriation to the postsecondary education commission for the purpose of tuition incentive grants. Education Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

SB 54, relative to the transfer of funds in the community-technical college system. Education Committee. Vote 5-0. Ought to Pass, Senator Johnson for the committee.

Senator Eaton moved to have SB 98, relative to notice requirements prior to the sale of manufactured housing parks, taken off the table.

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

Senator Hollingworth moved to substitute ought to pass for inexpedient to legislate.

Senator Hollingworth offered a floor amendment.

2001-0320s

05/09

Floor Amendment to SB 98

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

1 Manufactured Housing Parks; Notice to New Hampshire Housing Finance Authority Required Before Sale. Amend RSA 205-A:21, I to read as follows:

I. No manufactured housing park owner shall make a final unconditional acceptance of any offer for the sale or transfer of a manufactured housing park without first giving 60 days' notice:

(a) To each tenant:

[(a)] (1) That the owner intends to sell the manufactured housing park; and

[(b)] (2) Of the price, terms and conditions of an acceptable offer the park owner has received to sell the park or the price, terms and conditions for which the park owner intends to sell the park. This notice shall include a copy of the signed written offer which sets forth a description of the property to be purchased and the price, terms and conditions of the acceptable offer.

2 Notice to New Hampshire Housing Finance Authority by Certified Mail. Amend RSA 205-A:21, III to read as follows:

III. The notice required by paragraph I shall be served by certified mail, return receipt requested, to each tenant at such tenant's abode and to the New Hampshire housing finance authority at its main office. A receipt from the United States Postal Service that is signed by any adult member of the household to which it was mailed, or a notation on the letter that the letter was refused by any adult member of the tenant household, or that the addressee no longer resides there, or that the letter was returned to the post office unclaimed, shall constitute a conclusive presumption that service was made in any court action in this state. A receipt from the United States Postal Service that is signed by an employee of the New Hampshire housing finance authority shall constitute a conclusive presumption that service was made on the authority in any court action in this state.

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

2001-0320s

AMENDED ANALYSIS

This bill requires manufactured housing park owners to provide notice of the sale of the park to the New Hampshire housing finance authority.

SB 92, relative to the distribution of special education funds. Education Committee. Vote 5-0. Ought to Pass, Senator O'Hearn for the committee.

SCR 2, urging the federal government to honor its commitment to fully fund its share of special education costs. Education Committee. Vote 5-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-0249s

04/10

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

A RESOLUTION calling on the President and the Congress to fully fund the federal government’s share of the average per pupil expenditure in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act.

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

Whereas, when the federal government enacted the Individuals with Disabilities Education Act, it promised to fund up to 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States; and

Whereas, the federal government currently funds, on average, less than half the amount the federal government originally pledged to contribute; and

Whereas, local school districts and state government end up bearing the largest share of the cost of special education services; and

Whereas, the federal government’s failure to adequately fulfill its responsibility to special needs children undermines public support for special education and creates hardship for disabled children and their families; now, therefore, be it

Resolved by the Senate, the House of Representatives concurring:

That the New Hampshire general court urges the President and the Congress to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States as promised under the Individuals with Disabilities Education Act to ensure that all children, regardless of disability, receive a quality education and are treated with the dignity and respect they deserve; and

That copies of this resolution be forwarded by the senate clerk to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the New Hampshire congressional delegation.

2001-0249s

AMENDED ANALYSIS

This senate concurrent resolution urges the President and Congress to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States as promised under the Individuals with Disabilities Education Act.

Senator McCarley offered a floor amendment.

Sen. Below, Dist. 5

Sen. McCarley, Dist. 6

Sen. Disnard, Dist. 8

Sen. Fernald, Dist.11

Sen. Pignatelli, Dist 13

Sen. Larsen, Dist. 15

Sen. O’Neil, Dist. 18

Sen. D’Allesandro, Dist. 20

Sen. Wheeler, Dist. 21

Sen. Hollingworth, Dist. 23

Sen. Cohen, Dist. 24

March 14, 2001

2001-0367s

04/10

Floor Amendment to SCR 2

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

Amend the resolution by replacing the fourth paragraph following the title with the following:

Whereas, the federal government’s failure to adequately fulfill its responsibility to special needs children undermines public support for special education and creates hardship for disabled children and their families; and

Amend the resolution by inserting after the fourth paragraph following the title the following new paragraphs:

Whereas, President George W. Bush made education a keynote of his campaign and regularly insisted that "no child must be left behind"; and

Whereas, the first major public policy initiative announced by President Bush proposed a significant expansion of the role of the federal government in public education; and

Whereas, this proposal included the introduction of vouchers to parents to defray a portion of the cost of private education; and

Whereas, private schools have no obligation to comply with the requirements of the Individuals with Disabilities Act; now, therefore, be it

Amend the resolution by replacing all after the resolving clause with the following:

That the New Hampshire general court urges the President and the Congress to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States as promised under the Individuals with Disabilities Education Act to ensure that all children, regardless of disability, receive a quality education and are treated with the dignity and respect they deserve; and

That the New Hampshire General Court urges the President and Congress of the United States to honor its commitment to fully fund its contribution to special education before introducing any new educational programs, including vouchers, to apply to the cost of private education.

That copies of this resolution be forwarded by the senate clerk to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the New Hampshire congressional delegation.

2001-0367s

AMENDED ANALYSIS

This senate concurrent resolution urges the President and Congress to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States as promised under the Individuals with Disabilities Education before introducing any new educational programs, including vouchers, to apply to the cost of private education.

HB 167, relative to the authority of the consumer advocate. Energy and Economic Development Committee. Vote 4-0. Ought to Pass, Senator Below for the committee.

HCR 4, encouraging New Hampshire Public Radio to extend its broadcast signal to all of Coos county including the Connecticut River Valley area. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

HB 111, relative to paper purchased by or for state agencies. Environment Committee. Vote 3-0. Ought to Pass, Senator Below for the committee.

SB 130-FN, extending the period in which an expired electrician's license may be renewed. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Prescott for the committee.

SB 42, relative to charges for access to medical records. Public Institutions, Health and Human Services Committee. Vote 4-1. Ought to Pass, Senator Wheeler for the committee.

SB 70-FN-L, relative to staffing at New Hampshire long-term health care facilities. Public Institutions, Health and Human Services Committee. Vote 5-0

Inexpedient to Legislate, Senator Boyce for the committee.

SB 103, changing the qualification requirements for charitable organizations that conduct bingo or lucky 7. Ways and Means Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

Senator D’Allesandro offered a floor amendment.

2001-0334s

08/01

Floor Amendment to SB 103

Amend the bill by replacing section 3 with the following:

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

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

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

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

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

Third Reading and Final Passage

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

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

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

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

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

SB 103, changing the qualification requirements for charitable organizations that conduct bingo or lucky 7.

HB 111, relative to paper purchased by or for state agencies.

HB 167, relative to the authority of the consumer advocate.

HCR 4, encouraging New Hampshire Public Radio to extend its broadcast signal to all of Coos county including the Connecticut River Valley area.

SCR 2, calling on the President and the Congress to fully fund the federal government’s share of the average per pupil expenditure in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act.