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

HCR 11, to evaluate regional transportation infrastructure links.

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

HB 130, relative to the maintenance of boundaries and fences.

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies.

HB 156, relative to the detention of juveniles in delinquency proceedings.

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

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

HB 196, relative to the penalty for failure to license a dog or renew a dog license.

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

HB 274-FN, 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 315-FN, relative to the registration of criminal offenders.

HB 317-FN, revising the New Hampshire Aeronautics Act.

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

HB 395, relative to the time for the first meeting for county conventions following election.

HB 416, relative to fire safety inspections for foster family homes.

HB 442, establishing a study committee to examine the effects of protective custody on county correctional facilities.

HB 504, establishing a committee to study the feasibility of requesting the fish and game department to develop shooting ranges in each of the wildlife management units.

HB 606, relative to the Christa McAuliffe planetarium.

HB 643-FN, extending the moratorium on new nursing home beds.

HB 649-FN, relative to compensation for time lost by state employees injured in the line of duty.

HJR 3, encouraging the preservation of the system of locks on the Merrimack river.

HCR 5, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation.

HCR 7, urging the federal government to allow a deduction for personal credit card interest from the federal income tax.

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults.

HB 189-FN, increasing the facility funding limits under the oil discharge and disposal cleanup fund.

HB 202, relative to the legislative ethics committee.

HB 242, extending the reporting deadlines for certain study committees and commissions.

HB 254, naming a certain bridge in the town of Charlestown.

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

HB 325-FN, relative to certain acts of sexual assault.

HB 357, relative to periodic payments of judgments.

HB 361, establishing a committee to study certain policies and procedures in the department of corrections.

HB 367-L, relative to the establishment of a town forest in the town of Randolph.

HB 374, relative to surcharges on pay telephone use.

HB 377, permitting the state of New Hampshire to file petitions with the probate court seeking review of actions by a power of attorney.

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

HB 388, clarifying the rights of patients of nursing facilities in the event of a proposed transfer or discharge from the facility.

HB 397, establishing a committee to study the status of veterans in New Hampshire.

HB 403, relative to the effective date of special contracts for telephone utilities.

HB 405, establishing a committee to study the creation of an at-home infant child care program in New Hampshire.

HB 479, relative to dead bodies.

HB 480, relative to the divisions within the department of resources and economic development.

HB 485, relative to physicians employed by hospitals.

HB 532, establishing a committee to study the adequacy of funding for the continued universal distribution of children’s vaccines.

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

HB 120, relative to the membership of the department of youth development advisory board.

HB 124, establishing a committee to study on-line and electronic voting.

HB 134, permitting challenges to judges.

HB 157, clarifying the immunity from liability of persons providing emergency care.

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

HB 203, allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists.

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

HB 236, relative to the registration of deer.

HB 237, relative to filling a vacancy in an alumni trustee position on the board of trustees of the university system.

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

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

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

HB 263, naming a sidewalk in Wolfeboro the Kenneth J. MacDonald Memorial Sidewalk.

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

HB 273, relative to the purpose of state jurisdiction of fish and game regulation.

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

HB 371, relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant.

HB 389, establishing a committee to study the nursing home industry in New Hampshire.

HCR 9, urging the President of the United States to increase the administration’s efforts to mediate a peaceful resolution to the dispute in Cyprus between Turkey and the Republic of Cyprus.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 112 - HCR 11 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 112, establishing a study committee on issues relating to hospital business practices and managed care organizations’ networks. Public Institutions, Health and Human Services.

HB 130, relative to the maintenance of boundaries and fences. Public Affairs

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies. Insurance

HB 156, relative to the detention of juveniles in delinquency proceedings. Judiciary

HB 181-FN, relative to group II retirement system membership for police and corrections officers who become police trainers. Executive Departments and Administration

HB 183-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system. Executive Departments and Administration

HB 196, relative to the penalty for failure to license a dog or renew a dog license. Wildlife and Recreation

HB-261-FN, including the judiciary as a public employer under the public employee labor relations act. Executive Departments and Administration

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

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

HB 315-FN, relative to the registration of criminal offenders. Judiciary

HB 332-FN, relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses. Public Institutions, Health and Human Services

HB 395, relative to the time for the first meeting for county conventions following election. Public Affairs

HB 416, relative to fire safety inspections for foster family homes. Executive Departments and Administration

HB 442, establishing a study committee to examine the effects of protective custody on county correctional facilities. Judiciary

HB 504, establishing a committee to study the feasibility of requesting the fish and game department to develop shooting ranges in each of the wildlife management units. Wildlife and Recreation

HB 606, relative to the Christa McAuliffe planetarium. Executive Departments and Administration

HB 643-FN, extending the moratorium on new nursing home beds. Public Institutions, Health and Human Services

HB 649-FN, relative to compensation for time lost by state employees injured in the line of duty. Executive Departments and Administration

HJR 3, encouraging the preservation of the system of locks on the Merrimack river. Environment

HCR 5, urging the federal government to consider the impacts on New Hampshire and the smaller states of interstate waste legislation. Environment

HCR 7, urging the federal government to allow a deduction for personal credit card interest from the federal income tax. Banks

HB 180-FN, relative to criminal neglect of elderly, disabled, or impaired adults. Judiciary

HB 189-FN, increasing the facility funding limits under the oil discharge and disposal cleanup fund. Environment

HB 254, naming a certain bridge in the town of Charlestown. Transportation

HB 308-FN, relative to administrative fees added to restitution payments. Judiciary

HB 325-FN, relative to certain acts of sexual assault. Judiciary

HB 357, relative to periodic payments of judgments. Judiciary

HB 361, establishing a committee to study certain policies and procedures in the department of corrections. Judiciary

HB 367-L, relative to the establishment of a town forest in the town of Randolph. Wildlife and Recreation

HB 374, relative to surcharges on pay telephone use. Ways and Means

HB 377, permitting the state of New Hampshire to file petitions with the probate court seeking review of actions by a power of attorney. Judiciary

HB 385, changing the name, membership and duties of the office of volunteerism. Executive Departments and Administration

HB 388, clarifying the rights of patients of nursing facilities in the event of a proposed transfer or discharge from the facility. Public Institutions, Health and Human Services

HB 397, establishing a committee to study the status of veterans in New Hampshire. Public Affairs

HB 403, relative to the effective date of special contracts for telephone utilities. Executive Departments and Administration

HB 405, establishing a committee to study the creation of an at-home infant child care program in New Hampshire. Public Institutions, Health and Human Services

HB 479, relative to dead bodies. Public Affairs

HB 480, relative to the divisions within the department of resources and economic development. Energy and Economic Development

HB 485, relative to physicians employed by hospitals. Public Institutions, Health and Human Services

HB 532, establishing a committee to study the adequacy of funding for the continued universal distribution of children’s vaccines. Public Institutions, Health and Human Services

HB 583, making certain changes to the underground utility damage prevention system. Executive Departments and Administration

HB 120, relative to the membership of the department of youth development advisory board. Judiciary

HB 124, establishing a committee to study on-line and electronic voting. Public Affairs

HB 134, permitting challenges to judges. Judiciary

HB 157, clarifying the immunity from liability of persons providing emergency care. Judiciary

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

HB 203, allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists. Judiciary

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

HB 236, relative to the registration of deer. Wildlife and Recreation

HB 237, relative to filling a vacancy in an alumni trustee position on the board of trustees of the university system. Education

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

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

HB 260, establishing a commission to examine child care resources for parents who work hours other than first shift. Public Institutions, Health and Human Services

HB 263, naming a sidewalk in Wolfeboro the Kenneth J. MacDonald Memorial Sidewalk. Transportation

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

HB 273, relative to the purpose of state jurisdiction of fish and game regulation. Wildlife and Recreation

HB 326-FN-A, relative to the continuation of the New Hampshire task force on deafness and hearing loss and making an appropriation therefor. Public Institutions, Health and Human Services

HB 371, relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant. Executive Departments and Administration

HB 389, establishing a committee to study the nursing home industry in New Hampshire. Public Institutions, Health and Human Services

HCR 9, urging the President of the United States to increase the administration’s efforts to mediate a peaceful resolution to the dispute in Cyprus between Turkey and the Republic of Cyprus. Internal Affairs

HCR 11, to evaluate regional transportation infrastructure links. Transportation

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bill numbered 194 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 committee.

First and Second Reading and Referral

SB 194-FN, relative to retirement allowances for certain surviving spouses of group II retirement system members. (Sen. McCarley, Dist. 6; Sen. Larsen, Dist. 15; Sen. D'Allesandro, Dist. 20: Insurance)

Senator Francoeur moved that the business of the day being complete that the Senate now adjourn until April 5, 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 Disnard led the Pledge of Allegiance.

HB 113-L, relative to the Nute High School and library trustees. Education Committee. Vote 4-0. Ought to Pass, Senator Johnson for the committee.

SB 117, relative to extended school year services for educationally disabled children. Education Committee. Vote 5-0. Ought to Pass, Senator O'Hearn for the committee.

SB 32, exempting dumbwaiters from the elevator law. Executive Departments and Administration Committee. Vote 4-0. Inexpedient to Legislate, Senator D'Allesandro for the committee.

Senator D’Allesandro moved to have SB 32, exempting dumbwaiters from the elevator law, laid on the table.

SB 32, exempting dumbwaiters from the elevator law.

HB 102, allowing bankruptcy judges to perform marriages after obtaining a special license. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator D'Allesandro for the committee.

HB 109, establishing a committee to study the consumer protection effort in New Hampshire. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

Senator Eaton 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, taken off the table.

SB 52, relative to liquor liability insurance coverage. Insurance Committee. Vote 3-1. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Francoeur moved to have SB 52, relative to liquor liability insurance coverage, laid on the table.

SB 52, relative to liquor liability insurance coverage.

SB 126, relative to the use of certain credit data in underwriting certain insurance policies. Insurance Committee. Vote 3-1. Inexpedient to Legislate, Senator Flanders for the committee.

Senator Hollingworth moved to have SB 126, relative to the use of certain credit data in underwriting certain insurance policies, laid on the table.

SB 126, relative to the use of certain credit data in underwriting certain insurance policies.

SB 82, relative to service of process in marital matters. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0466s

05/10

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

1 Annulment, Divorce and Separation; Notice; Service of Process. Amend RSA 458:9 to read as follows:

458:9 Venue; Notice. All libels for divorce shall be brought in the county in which the parties, or one of them, live, and before the superior court; and the notice of the pendency thereof shall be given to the libelee[, personally or otherwise, as the court shall order] as required by this section.

I. If the parties file a joint libel for divorce, the libel shall be filed at the appropriate court without further service or notice required.

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

2001-0466s

AMENDED ANALYSIS

This bill:

I. Clarifies that no service is required if the parties file a joint libel for divorce.

II. Allows an individual against whom a libel for divorce has been filed to pick up the libel at the court within a specified time period, after which it will be served by a sheriff or deputy if the individual lives within the state or by certified mail if the individual lives outside the state.

III. Allows for service on an individual whose address is unknown by publication.

SB 90, relative to misdemeanor jury trials. Judiciary Committee. Vote 5-0. Inexpedient to Legislate, Senator Gordon for the committee.

Senator Hollingworth moved to have SB 90, relative to misdemeanor jury trials, laid on the table.

SB 90, relative to misdemeanor jury trials.

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another. Judiciary Committee. Vote 5-0. Inexpedient to Legislate, Senator Roberge for the committee.

Senator Roberge moved to have SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another, laid on the table.

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another.

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor. Judiciary Committee. Vote 5-0. Inexpedient to Legislate, Senator Fernald for the committee.

Senator Fernald moved to have SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor, laid on the table.

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor.

SB 190, dedicating the I-93 causeway at Moore Dam and the Cottage Street Bridge in Littleton. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Gordon for the committee.

2001-0638s

01/09

Amend the bill by replacing section 4 with the following:

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

SB 147, relative to the calculation of stumpage value in determining the timber tax assessment. Ways and Means Committee. Vote 5-0. Ought to pass with amendment, Senator Eaton for the committee.

2001-0605s

10/04

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

III. "Stumpage value" means the amount determined by the assessing officials in the same manner as other property values for the purposes of taxation. [When competitive bids have been the basis for] For standing timber sold to a purchaser, the assessing official shall consider the sale price on a per cord, per 1,000 board foot, by weight or other basis [the price so paid shall be considered by the assessing officials] when calculating stumpage value. The assessors shall consider any reasonable costs incurred by the owner to access and remove said wood or timber, less any costs for services which are in excess of those necessary to remove said wood or timber. The burden shall be upon the owner filing the "Report of Wood Cut" form to demonstrate the reasonableness of a claim under this paragraph. [When open competitive bidding is not the basis for the sale, the assessing officials shall] If the assessing official finds that a claim is not commercially reasonable then the assessing official may, after conducting an inspection of the property, use the average stumpage value list provided by the department of revenue administration[, taking]. For sales of timber where the product is not sold as standing timber, the assessing official shall use the average stumpage value list provided by the department of revenue administration. Any time the average stumpage value list provided by the department of revenue administration is used, the assessing official shall take into consideration the location of the timber, the quality of the timber, the size of the sale and any other factors necessary to harvest the wood or timber that affect the value of timber being cut. Stumpage value of all forest products except those customarily measured by the cord, by weight or by the piece shall be determined on the basis of international 1/4 inch rule log scale. If there are questions by the assessors regarding the true and accurate stumpage values reflected in contracts presented by the owner as the basis for timber tax assessment, the department of revenue administration, property appraisal division shall be available to assist or advise the municipalities in the proper calculation of the stumpage value for assessment purposes.

Senator Eaton moved to have SB 147, relative to the calculation of stumpage value in determining the timber tax assessment, laid on the table.

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

Senator Pignatelli moved to have SB 64, establishing a fund to pay mediators in the probate courts, taken from the table.

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

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 Larsen (Rule #42).

Senator Francoeur 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.

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

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

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

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

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

SB 117, relative to extended school year services for educationally disabled children.

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