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

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

Senator Pignatelli moved adoption.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 182-193 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 182-FN-A, establishing a brain and spinal cord injury trust fund and continually appropriating a special fund. (Sen. Hollingworth, Dist. 23; Sen. Boyce, Dist 4; Sen. Johnson, Dist 3; Sen. McCarley, Dist 6; Rep. Emerton, Hills 7; Rep. Weyler, Rock 18; Rep. Boyce, Belk 5; Rep. Martel, Hills 45; Rep. Knowles, Straf 11: Executive Departments and Administration)

SB 183-FN-A-LOCAL, relative to distribution of certain meals and rooms tax revenue to municipalities with affordable housing. (Sen. Larsen, Dist 15; Sen. Hollingworth, Dist 23; Sen. McCarley, Dist 6; Sen. Cohen, Dist 24; Rep. Konys, Hills 33; Rep. Potter, Merr 24; Rep. Buckley, Hills 44; Rep. Seldin, Merr 17: Ways and Means)

SB 184, relative to review of fees for the removal and impoundment of motor vehicles. (Sen. D’Allesandro, Dist 20; Sen. Eaton, Dist 10; Sen. Gordon, Dist 2; Rep. Bouchard, Merr 22; Rep. J. Flanders, Rock 18: Transportation)

SB 185, relative to push-polling. (Sen. Fernald, Dist 11; Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Sen. Below, Dist 5; Sen. Hollingworth, Dist 23: Public Affairs)

SB 186-FN, relative to the powers of and classification for criminal justice and consumer protection investigators of the department of justice. (Sen. D’Allesandro, Dist 20; Rep. Dyer, Hills 8: Executive Departments and Administration)

SB 187-FN, requiring the state to pay for an independent appraiser in eminent domain proceedings. (Sen. Gordon, Dist 2; Sen. Below, Dist 5: Executive Departments and Administration)

SB 188-FN-LOCAL, relative to abatements and appeals of betterment assessments. (Sen. Below, Dist 5; Rep. Patten, Carr 9: Internal Affairs)

SB 189-FN-A, establishing a gasoline remediation and elimination of ethers fund. (Sen. Wheeler, Dist 21; Sen. Klemm, Dist 22; Rep. Martin, Hills 34; Rep. McGuire, Rock 26; Rep. Downing, Rock 26; Rep. Balboni, Hills 27; Rep. Kennedy, Merr 7: Environment)

SB 190, dedicating the I-93 causeway at Moore Dam and the Cottage Street Bridge in Littleton. (Sen. Burns, Dist 1; Rep. Ward, Graf 1; Rep. S. Eaton; Graf 1; Rep. Gilman, Graf 1: Transportation)

SB 191-FN, extending the Eric L. settlement agreement. (Sen. Wheeler, Dist 21: Public Institutions, Health and Human Services)

SB 192-FN, relative to the issuance of high/medium voltage licenses by the electricians' board. (Sen. O'Neil, Dist.18: Executive Departments and Administration)

SB 193-FN-A-L, relative to changes in the property tax system and making an appropriation therefor. (Sen. Below, Dist. 5; Sen. Eaton, Dist 10; Rep. Herman, Hills 13; Rep. Almy, Graf 14: Ways and Means)

Senator Eaton moved that the business of the day being complete that the Senate now adjourn until Thursday, March 29, 2001, at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

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

Senator McCarley led the Pledge of Allegiance.

SB 85, relative to collateralization of municipal trust funds. Banks Committee. Vote 5-0. Ought to Pass, Senator Fernald for the committee.

HB 238, relative to interstate banking. Banks Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

Senator Fernald offered a floor amendment.

2001-0474s

09/01

Floor Amendment to HB 238

Amend RSA 384:59, I as inserted by section 2 of the bill by replacing it with the following:

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 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.

SB 43, relative to the length of time allotted for school children to consume meals. Education Committee. Vote 5-0. Inexpedient to Legislate, Senator O'Hearn for the committee.

SB 110-FN-A, extending the kindergarten construction program. Education Committee. Vote 5-0. Ought to Pass, Senator O'Hearn for the committee.

HB 193, establishing a committee to study state payments for court-ordered placements of special education pupils. Education Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0507s

04/10

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

AN ACT relative to payment by the state for certain court-ordered placements of special education students.

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

1 Special Education; Liability for Court-Ordered Placements Amended. Amend the introductory paragraph and subparagraph (a) of RSA 186-C:19-b, II to read as follows:

II. The [school district liability for] department of education shall be liable for all expenses for special education or for special education and educationally related services for an educationally disabled child in placement for which the department of health and human services has financial responsibility [shall be limited to 3 times the estimated state average expenditure per pupil, for the school year preceding the year of distribution. The liability of a school district under this section shall be prorated if the placement is for less than a full school year and the district shall be liable for only the prorated amount. This section shall not limit a school district's financial liability for children who receive special education or special education and educationally related services in a public school or program identified in RSA 186-C:10] pursuant to subparagraph I(a) of this section.

(a) [Any] All costs of special education or special education and educationally related services [in excess of 3 times the estimated state average expenditure per pupil for the school year preceding the year of distribution] shall be the liability of the department of education. Costs for which the department of education is liable under this section shall be paid to education service providers by the department of education. The department of education shall develop a mechanism for allocating the funds appropriated for the purposes of this section.

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

2001-0507s

AMENDED ANALYSIS

This bill requires the state to pay the full cost of special education services provided to all court-ordered, out-of-district placements of special education pupils.

SB 47, relative to ownership of certified public accounting firms. Executive Departments and Administration Committee. Vote 3-2. Inexpedient to Legislate, Senator Prescott for the committee.

Senator D’Allesandro moved to substitute ought to pass for inexpedient to legislate.

SB 144-L, increasing bail commissioners' fees. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

SB 66-FN-A, relative to appropriations to the port authority for dredging projects. Finance Committee. Vote 4-0. Ought to Pass, Senator Hollingworth for the committee.

SB 72-FN, relative to payment of medical benefits costs for group II members of the retirement system. Finance Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

SB 73-FN, relative to benefits awarded a surviving spouse of a police officer or firefighter killed in the line of duty. Finance Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

SB 107-FN, relative to violations of motor vehicle laws by foreign diplomatic and consular officers. Finance Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

SB 115-FN, granting a cost of living adjustment to certain retired group II firefighters. Finance Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

SB 130-FN, extending the period in which an expired electrician's license may be renewed. Finance Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

SB 40, changing the method by which the insurance department assesses insurers to fund its administration fund. Insurance Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

SB 41, relative to technical corrections for life, accident and health insurance. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-0560s

01/09

Amend the bill by replacing sections 3 and 4 with the following:

3 Coverage for Scalp Hair Prostheses. Amend RSA 415:18-d, I to read as follows:

I. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses and which also provides coverage for other prostheses, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for expenses for scalp hair prostheses worn for hair loss suffered as a result of alopecia areata, alopecia totalis, alopecia medicamentosa, or permanent loss of scalp hair due to injury. Such coverage, however, shall be subject to a written recommendation by the treating physician stating that the hair prosthesis is a medical necessity. Such coverage shall be subject to the same limitations and guidelines as other prostheses, provided, that such coverage for alopecia medicamentosa shall not exceed $350 per year.

4 Coverage for Scalp Hair Prostheses. Amend RSA 420-A:14, I to read as follows:

I. Every health service corporation and every other similar corporation licensed under the laws of another state, which provides coverage for other prostheses, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for expenses for scalp hair prostheses worn for hair loss suffered as a result of alopecia areata, alopecia totalis, alopecia medicamentosa, or permanent loss of scalp hair due to injury. Such coverage, however, shall be subject to a written recommendation by the treating physician stating that the hair prosthesis is a medical necessity. Such coverage shall be subject to the same limitations and guidelines as other prostheses, provided, that such coverage for alopecia medicamentosa shall not exceed $350 per year.

SB 46, relative to payments of scheduled awards under the workers' compensation law. Insurance Committee. Vote 3-0. Ought to pass with amendment, Senator Flanders for the committee.

2001-0565s

06/01

Amend RSA 281-A:32, XI as inserted by section 1 of the bill by replacing it with the following:

XI. PAYMENT DUE. Payment of the scheduled award becomes due upon prompt medical disclosure, after maximum medical improvement has been achieved, regarding the loss or loss of the use of the member of the body [and shall begin, upon notice of the commissioner, as soon as possible but no later than 14 days after the end of the healing period. Payment of the scheduled award shall generally be made through weekly benefits rather than through a single payment, except for a single payment approved by the commissioner upon the commissioner's determination that a single payment fits the unique conditions of the injured worker better than weekly payments]. No later than 15 days following such disclosure the employer, or the employer’s insurance carrier shall notify the commissioner as to whether it objects to the extent of the loss claimed by the employee, in which case it shall have 30 days to arrange for a medical examination, pursuant to RSA 281-A:38, and request a hearing and determination by the commissioner. Payment of the scheduled award shall be made in a single payment.

SB 56, relative to health care providers discontinuing service in New Hampshire. Insurance Committee. Vote 4-0. Ought to pass with amendment, Senator Flanders for the committee.

2001-0561s

05/04

Amend RSA 420-G:6, VII(b) as inserted by section 1 of the bill by replacing it with the following:

(b) The health carrier may not provide health coverage in such discontinued market or markets during the 5-year period beginning on the date of the discontinuation of the last health coverage not so renewed except that the commissioner may waive or otherwise reduce the 5-year period in which the health carrier may not provide coverage in the discontinued market for good cause shown.

SB 111-FN, extending the term for the payment of group health insurance premiums for certain retired members of the retirement system. Insurance Committee. Vote 4-0. Ought to Pass, Senator Hollingworth for the committee.

Senator Disnard (Rule #42).

SB 125-FN, relative to election of optional allowances by retirement system members granted disability retirement and relative to an exception to the 120-day requirement for payment of compensation. Insurance Committee. Vote 4-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-0559s

10/04

Amend RSA 100-A:1, XVII as inserted by section 1 of the bill by replacing it with the following:

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.

SB 145, relative to the length of stay of patients in ambulatory surgical facilities owned in whole or in part by a hospital. Insurance Committee. Vote 4-0. Inexpedient to Legislate, Senator Wheeler for the committee.

Senator Barnes moved to have SB 145, relative to the length of stay of patients in ambulatory surgical facilities owned in whole or in part by a hospital, laid on the table.

Senator Pignatelli (Rule #42).

SB 145, relative to the length of stay of patients in ambulatory surgical facilities owned in whole or in part by a hospital.

HB 230, relative to scheduled permanent impairment awards under the workers' compensation law. Insurance Committee. Vote 4-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2001-0567s

01/10

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

1 Scheduled Permanent Impairment Awards; Brain Injuries and Injuries Resulting From Burns Added. Amend RSA 281-A:32, IX to read as follows:

IX. MORE THAN ONE PERMANENT LOSS. If an injury results in more than one permanent bodily loss specified in paragraphs I-VIII, or if the injury is to the spinal column or the spinal cord, or to the brain, or involves scarring, disfigurement or other skin impairment resulting from a burn or burns, an award shall be made on the basis of a maximum of 350 weeks with the appropriate number of weeks to be determined in proportion to the maximum in accordance with the percent of the whole person specified for such bodily losses in the most recent edition of ‘‘Guides to the Evaluation of Permanent Impairment’‘ published by the American Medical Association. Injury to spinal column or spinal cord shall not be construed to permit an award under this section as a result of soft tissue injury, nor to permit such an award on the basis of more than one permanent loss, unless such injury results in loss of use of upper or lower extremities. For the purposes of this paragraph "injury to the brain" means cerebral or neurological impairment due to central nervous system injury as described in said American Medical Association Guide.

2 Applicability. Section 1 of this act shall apply to injuries occurring on or after the effective date of this act.

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

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 Committee. Vote 4-0. Ought to Pass, Senator Flanders for the committee.

SB 94-FN-L, relative to the New Hampshire state flag. Internal Affairs Committee. Vote 4-1. Inexpedient to Legislate, Senator Roberge for the committee.

Senator O’Neil moved to substitute Ought to pass for inexpedient to legislate.

SB 157, relative to state government information dissemination and access. Internal Affairs Committee. Vote 5-0. Ought to Pass, Senator O'Neil for the committee.

HCR 2, urging the federal government to establish a new zip code for the town of Kensington. Internal Affairs Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

HB 142, establishing a committee to study encryption of confidential information. Internal Affairs Committee. Vote 5-0. Ought to pass with amendment, Senator Flanders for the committee.

2001-0480s

01/09

Amend paragraph I(b) of section 3 of the bill by replacing it with the following:

(b) Three members of the senate, appointed by the senate.

Senator Flanders offered a floor amendment.

2001-0583s

01/09

Floor Amendment to HB 142

Amend paragraph I(b) of section 3 of the bill by replacing it with the following:

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

HB 163, establishing a committee to study opening the state house to the public on weekends. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

HB 168, relative to transfers of ownership of cemetery plots or burial spaces. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HJR 1, urging Congress to expand eligibility for membership in the American Legion. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator O'Neil for the committee.

SB 64-FN-A, establishing a fund to pay mediators in the probate courts. Judiciary Committee. Vote 4-1. Inexpedient to Legislate, Senator Pignatelli for the committee.

Senator Pignatelli moved to have SB 64-FN-A, establishing a fund to pay mediators in the probate courts, laid on the table.

SB 64-FN-A, establishing a fund to pay mediators in the probate courts.

SB 74, relative to providing services under the Child Protection Act. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0413s

05/10

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

1 New Paragraph; Duties of the Bureau of Children; Voluntary Service Plan. Amend RSA 169-C:34 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding any other provision of law to the contrary, the department may, pursuant to a voluntary service plan that is developed and provided for a minor and the minor's family by the department, offer voluntary services to families without making a determination of the person or persons apparently responsible for the abuse or neglect. The department shall adopt rules, pursuant to RSA 541-A, relative to the provision of voluntary services under this paragraph.

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

2001-0413s

AMENDED ANALYSIS

This bill permits the department of health and human services, within the context of an abuse and neglect proceeding, to provide services to children and families pursuant to a voluntary service plan without making a determination of the person or persons responsible for the abuse or neglect.

SB 100, establishing a commission to study the feasibility of creating a mental health court division. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-0406s

09/01

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

AN ACT establishing a committee to study the feasibility of creating a mental health court division.

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

1 Committee Established. There is established a committee to study the feasibility of establishing a mental health court division within the district courts to hear misdemeanor cases involving persons with mental illnesses. The purpose of the mental health court division is to quickly resolve such cases and divert mentally ill persons into appropriate treatment programs instead of the criminal justice system

2 Membership and Compensation.

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

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

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

II. The committee may solicit input from:

(a) The Alliance for the Mentally Ill of New Hampshire.

(b) The commissioner of the department of health and human services, or designee.

(c) The administrative judge of the district courts, or designee.

(d) Law enforcement agencies.

(e) Providers of mental health services.

(f) Consumers who have received or currently receive services through the New Hampshire mental health system.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study the feasibility of establishing a mental health court division within the district courts to hear misdemeanor cases involving mentally ill persons and to divert such person, when necessary, from the criminal justice system to appropriate treatment programs. The committee shall study the mental health court currently operating in Broward County, Florida and its applicability to New Hampshire. The committee shall also study drug courts which operate in many parts of the country and which are similar to the mental health court in Broward County, Florida. The committee shall assess the need for a mental health court division, considering the mental health services system and criminal justice system currently operating in New Hampshire.

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

5 Report. 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, 2001.

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

2001-0406s

AMENDED ANALYSIS

This bill establishes a committee to study the feasibility of creating a mental health court division in the district courts. The mental health court division would hear misdemeanor cases involving individuals with mental illness.

SB 136, establishing a commission to study the use of multi-disciplinary team investigations of child abuse and neglect allegations. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0417s

05/10

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

AN ACT establishing a committee to study the use of multi-disciplinary team investigations of child abuse and neglect allegations.

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

1 Committee Established. There is established a committee to study the use of multi-disciplinary teams to investigate child abuse and neglect allegations.

2 Membership and Compensation.

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

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

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

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study the feasibility of establishing multi-disciplinary teams in each county to investigate allegations of child abuse and neglect. The committee shall:

I. Study the statutory structure and funding mechanism of the multi-disciplinary team approach currently implemented in Oregon and assess its applicability to New Hampshire.

II. Review information from the National Center for Prosecution of Child Abuse or other information clearinghouses relative to multi-disciplinary team investigations of child abuse.

III. Study the abuse and neglect investigation process in New Hampshire and consider how it could be restructured to emphasize a multi-disciplinary approach.

IV. Solicit information regarding the current abuse and neglect investigation process as well as the feasibility of creating a multi-disciplinary model from the following individuals and organizations:

(a) A police chief and other law enforcement officers involved in abuse and neglect investigations.

(b) A county attorney with experience prosecuting abuse and neglect cases.

(c) A school principal.

(d) A community mental health professional with expertise in treating children who have been victims of abuse.

(e) The director of the bureau for children, department of health and human services, or designee.

(f) Members of the Kids Cabinet.

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

5 Report. 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, 2001.

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

2001-0417s

AMENDED ANALYSIS

This bill establishes a committee to study the use of multi-disciplinary team investigations of child abuse and neglect allegations.

CACR 12, relating to the term of office for governor. Providing that beginning with the 2004 general election, there shall be a 4-year term of office for governor. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Barnes for the committee.

CACR 13, relating to terms for state senators. Providing that beginning with the 2004 general election, there shall be 4-year terms of office for state senators. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Barnes for the committee.

SB 31, eliminating straight ticket voting. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Francoeur moved to have SB 31, eliminating straight ticket voting, laid on the table.

SB 31, eliminating straight ticket voting.

SB 50, relative to the abatement of taxes in unincorporated towns or unorganized places. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator O'Neil for the committee.

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees. Public Affairs Committee. Vote 4-1. Inexpedient to Legislate, Senator Roberge for the committee.

SB 60 is recommitted to the Public Affairs Committee.

SB 69-FN-A-L, relative to a New Hampshire legal assistance office in Nashua and making an appropriation therefor. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Francoeur for the committee.

SB 95, relative to campaign contribution limits and independent expenditures. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Roberge for the committee.

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

Senator Barnes moved to have SB 95, relative to campaign contribution limits and independent expenditures, laid on the table.

SB 95, relative to campaign contribution limits and independent expenditures.

SB 112, relative to voter registration forms. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator O'Neil for the committee.

Senator D’Allesandro moved to have SB 112, relative to voter registration forms, laid on the table.

SB 112, relative to voter registration forms.

SB 141, relative to proof of qualifications for voter registration. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Francoeur for the committee.

SB 169-FN, relative to the procedure for appeal of a timber yield tax assessment and relative to the notice of intent to cut. Public Affairs Committee. Vote 5-0. Ought to pass with amendment, Senator Roberge for the committee.

2001-0546s

10/04

Amend RSA 79:8 as inserted by section 1 of the bill by replacing it with the following:

79:8 Appeal and Abatement. An owner may, within 90 days of notice of the tax, appeal to the assessing officials in writing for an abatement from the original assessment, but no owner shall be entitled to an abatement unless [he] the owner has complied with the provisions of RSA 79:10 and 11. If the assessing officials neglect or refuse to abate, an owner may, at his or her election within 6 months of notice of such tax and not afterwards, petition the superior court of the county where the operation took place, or the [appeal board as provided for in RSA 79:7-a] board of tax and land appeals. [The petition to the appeal board shall be filed with the commissioner of revenue administration and shall include the name and address of the appeal board member selected by the aggrieved owner.] During the appeal the owner, the municipality, or the board of tax and land appeals shall have the right to call upon the department of revenue administration or the division of forests and lands, department of resources and economic development, to provide expert testimony at no cost to the party.

HB 117, establishing a committee to study the adoption of the uniform common interest ownership act. Public Affairs Committee. Vote 5-0. Ought to Pass, Senator Roberge for the committee.

HB 143, establishing a committee to address the problem created by the shortage of health care personnel and support staff in New Hampshire. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator McCarley for the committee.

2001-0482s

01/09

Amend the bill by replacing sections 3 and 4 with the following:

3 Membership and Compensation.

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

(a) Three members of the house of representatives, 2 of whom shall be from the house health, human services and elderly affairs committee, appointed by the speaker of the house.

(b) Three members of the senate, one of whom shall be from the senate public institutions, health and human services committee, appointed by the president of the senate.

II. The committee may solicit information from the following:

(a) The New Hampshire Nurses Association.

(b) The New Hampshire Hospital Association.

(c) The New Hampshire Medical Society.

(d) State of New Hampshire State Employees Association.

(e) New Hampshire Association of Home Care Facilities.

(f) Business and Industry Association of New Hampshire.

(g) New Hampshire Health Care Association.

(h) Granite State Home Health Care Association.

(i) The commissioner of the department of health and human services, or designee.

(j) The New Hampshire board of nursing.

(k) The New Hampshire Association of Counties.

(l) Northern New England Association of Home and Services for the Aging.

(m) Any other person or entity the committee deems relevant to its quest.

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

4 Duties. The committee’s study shall include, but not be limited to the following:

I. How to encourage persons to enter health care personnel professions, especially the nursing profession.

II. How to expand the educational facilities in nursing.

III. Whether to give tax credits to hospitals, nursing homes, and other appropriate facilities.

IV. Whether to award scholarships to health care personnel candidates.

V. Future needs for health care personnel.

VI. Other methods of increasing the availability of health care personnel in New Hampshire.

VII. Whether to establish a statutory advisory committee on the shortage of health care personnel in New Hampshire and determine the nature and scope of such committee.

HB 144, establishing a committee to study the CHINS process. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HB 233, amending the duties of the oversight committee for the severely developmentally disabled. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Boyce for the committee.

HB 240, requiring the department of health and human services to develop a plan reducing the number of persons awaiting certain services for developmental disabilities. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator Wheeler for the committee.

2001-0470s

01/09

Amend paragraph I(a)(1) of section 1 of the bill by replacing it with the following:

(1) A method to reduce the waitlist over a period of 5 years or less and to reduce the waiting period to 90 days.

Amend paragraph II of section 1 of the bill by replacing it with the following:

II. The plan required under paragraph I shall be completed on or before November 1, 2001 with proposed commencement of reductions of the waitlist to be July 1, 2002. The commissioner of the department of health and human services shall submit a copy of the plan to the speaker of the house of representatives, the president of the senate, the governor, and the oversight committee established under RSA 171-A:1-b.

HB 433, clarifying the duties of the oversight committee on health and human services. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2001-0481s

01/09

Amend RSA 126-A:15, I as inserted by section 1 of the bill by replacing it with the following:

I. The committee shall provide legislative oversight of and informational meetings on the programs, policies, and rules of the department of health and human services as brought to its attention by committee members, legislators, department personnel, or others. The committee's work may include, but is not limited to, analyzing the efficacy of selected programs, studying the characteristics of target populations, researching trends affecting program costs and participation, and reviewing alternate approaches to programmatic and administrative concerns. The committee shall provide informational meetings on such topics to the general court. The committee shall maintain communications with the department of health and human services, and any other departments, as necessary to accomplish its work.

SB 133-FN-A, relative to Skyhaven airport and making an appropriation therefor. Transportation Committee. Vote 5-0. Ought to Pass, Senator McCarley for the committee.

SB 156, relative to the suspension of drivers licenses of persons under 20 years of age. Transportation Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

SB 101-FN, relative to mooring permits and fees. Wildlife and Recreation Committee. Vote 4-0. Ought to pass with amendment, Senator Gatsas for the committee.

2001-0460s

08/09

Amend RSA 270:61-a as inserted by section 1 of the bill by inserting after paragraph VII the following new paragraph:

VIII. Massabesic Lake shall be exempt from the provisions of this section.

2001-0460s

AMENDED ANALYSIS

This bill allows groups of 25 or more residents or property owners of a town or towns in which a particular body of water is located to petition the commissioner of safety to require mooring permits on the body of water, after which the commissioner shall hold a public hearing on the petition. This bill gives the commissioner of safety authority to adopt rules establishing procedures for the public hearing process. This bill also increases the annual mooring fee, and provides for the fee to be adjusted annually. Massabesic Lake is exempted from the provisions in this bill.

SB 146, relative to personal watercraft. Wildlife and Recreation Committee. Vote 4-1. Re-referred, Senator Disnard for the committee.

HB 106, relative to honey products. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 122, relative to euthanizing repeatedly vicious dogs. Wildlife and Recreation Committee. Vote 4-1. Inexpedient to Legislate, Senator Roberge for the committee.

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

Senator Hollingworth (Rule #44).

Senator Larsen (Rule #44).

Senator McCarley (Rule #44).

Senator Barnes having voted with the prevailing side moved reconsideration on SB 115-FN, granting a cost of living adjustment to certain retired group II firefighters, whereby we ordered it to third reading.

Senator Barnes having voted with the prevailing side moved reconsideration on SB 110-FN-A, extending the kindergarten construction program, whereby we sent it to Finance.

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to the Call of the Chair.

SB 40, changing the method by which the insurance department assesses insurers to fund its administration fund.

SB 41, relative to technical corrections for life, accident and health insurance.

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

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

SB 50, relative to the abatement of taxes in unincorporated towns or unorganized places.

SB 56, relative to health care providers discontinuing service in New Hampshire.

SB 66-FN-A, relative to appropriations to the port authority for dredging projects.

SB 72-FN, relative to payment of medical benefits costs for group II members of the retirement system.

SB 73-FN, relative to benefits awarded a surviving spouse of a police officer or firefighter killed in the line of duty.

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

SB 85, relative to collateralization of municipal trust funds.

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

HB 106, relative to honey products.

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

SB 115-FN, granting a cost of living adjustment to certain retired group II firefighters.

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

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

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

SB 141, relative to proof of qualifications for voter registration.

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

HB 143, establishing a committee to address the problem created by the shortage of health care personnel and support staff in New Hampshire.

SB 144-L, increasing bail commissioners' fees.

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

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

SB 157, relative to state government information dissemination and access.

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

HB 168, relative to transfers of ownership of cemetery plots or burial spaces.

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

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

HB 233, amending the duties of the oversight committee for the severely developmentally disabled.

HB 238, relative to interstate banking.

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

HB 433, clarifying the duties of the oversight committee on health and human services.

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.

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