Senator Francoeur moved that the business of the day being completed that the Senate now adjourn until Tuesday, April 16, 2002, at 1:15 p.m.

The Senate met at 1:15 p.m.

A quorum was present.

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

Senator Flanders led the Pledge of Allegiance.

Senator Hollingworth served notice of reconsideration on HB 1218, relative to the regulation of pharmacists and prescription drug orders.

Senator Prescott served notice of reconsideration on HB 1159, relative to substituting generic drugs for legend and non-legend drugs.

HB 298-FN-L, relative to charter schools and establishing a charter school revolving fund. Education Committee. Vote 3-1. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3477s

04/01

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

AN ACT relative to charter schools.

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

1 New Section; Charter Schools and Open Enrollment Schools; Alternative Procedure for Approval of Charter Schools. Amend RSA 194-B by inserting after section 3 the following new section:

194-B:3-a Charter School Approval by State Board of Education Pilot Program.

I. There is hereby established a 10-year pilot program which authorizes the state board of education to grant charter status under this section. Beginning January 1, 2002, the state board of education shall be authorized to grant no more than 2 state charter school applications each year.

II. The proposed charter school application shall be presented for approval directly to the state board of education by the applicant of the prospective charter school no later than June 15 of the year preceding intended operation. The content of such application shall conform to the requirements set forth in RSA 194-B:3, II (a)-(bb). The department of education shall notify an applicant of any missing information within 10 days of the initial filing or by June 30, whichever is earlier. The applicant shall have until July 15 to refile an application.

III. The department of education may forward the proposed application to the applicant, along with a written statement detailing any suggested amendments or modifications.

IV. By September 30 of the given year, the state board of education shall either approve or deny an application based on the criteria set forth in RSA 194-B:1-a. Approval of an application constitutes the granting of charter status and the right to operate as a charter school. The state board of education shall notify all applicants of their decision, and shall include in any notice of denial a statement that the applicant may reapply under RSA 194-B:3, RSA 194-B:4, or under this section in a subsequent year.

V.(a) The following provisions of law shall not apply to charter school applications proposed under this section, or to charter schools granted approval for operation under this section:

(1) RSA 194-B:3, II (cc).

(2) RSA 194-B:3, III-IV.

(3) RSA 194-B:3, XI.

(4) RSA 194-B:4.

(5) RSA 194-B:15, II.

(b) Except as provided in this paragraph, the provisions of RSA 194-B shall apply to charter schools approved for operation by the state board of education under this section.

2 Charter School Funding. Amend RSA 194-B:11, I to read as follows:

I. There shall be no tuition charge for any pupil attending an open enrollment or charter conversion school located in that pupil's resident district. Funding limitations in this chapter shall not be applicable to charter conversion or open enrollment schools located in a pupil's resident district. For any other charter or open enrollment school, the pupil's resident district shall pay to such school [an amount equal to not less than 80 percent of that district's average cost per pupil as determined by the department of education using the most recent available data as reported by the district to the department] tuition in the amount equal to the average base cost per pupil as determined in RSA 198:40. Tuition amounts shall be prorated on a per diem basis for pupils attending a school for less than a full school year. To the extent permitted by law, [funding for a pupil attending a charter or open enrollment school shall be paid on the same time schedule as the resident district,] tuition payments shall coincide with the distribution of adequacy grants under RSA 198:42 or on such other terms as [the school and the funding source may find] as are mutually acceptable.

3 New Paragraphs; Charter School Funding. Amend RSA 194-B:11 by inserting after paragraph VIII the following new paragraphs:

IX.(a) The pupil’s resident school district shall pay cash or may issue reimbursement anticipation notes as set forth in RSA 198:20-d for each year in which a resident pupil attends a charter school approved by the state board of education. The reimbursement anticipation note shall be in the amount of the average base cost per pupil of an elementary or high school pupil, as calculated under RSA 198:40, for the year of attendance at the charter school, and shall be issued to the charter school prior to the beginning of the school year of the charter school. Each reimbursement anticipation note issued shall be for a term of 3 years from the date of issue or would be redeemable by the charter school at such time as the charter school or the pupil’s resident school district receives adequate education grant amounts pursuant to RSA 198:42.

(b) Upon receipt of such reimbursement anticipation notes, the charter school may elect to borrow funds for the purpose of meeting general operating and maintenance expenses for charter school operations.

(c) Not more than 5 percent of the resident pupils in any grade shall be eligible to transfer to a charter school in any school year without the approval of the local school board.

X. As an alternative to paragraph IX, and subject to a written agreement by the school district and the charter school, the school district, in its budget, shall approve the payment of adequate education grants directly to the charter school for each resident pupil attending a charter school. Adequate education grant payments to the charter school shall be distributed in accordance with the schedule set forth in RSA 198:42.

4 New Paragraph; Charter and Open Enrollment Schools; Duties of the Board of Trustees. Amend RSA 194-B:5 by inserting after paragraph V the following new paragraph:

VI. The meetings and proceedings of the board of trustees shall be held in public session pursuant to RSA 91-A:2, except for those meetings or proceedings designated as nonpublic sessions as defined in RSA 91-A:3, II.

5 Repeal. RSA 194-B:3-a, relative to direct approval of charter schools by the state board of education, is repealed.

6 Effective Date.

I. Section 5 of this act shall take effect July 1, 2012.

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

2002-3477s

AMENDED ANALYSIS

This bill establishes a 10-year pilot program for the approval of up to 2 charter schools per year by the state board of education and creates certain exemptions from existing law relative to the approval process, while subjecting charter schools approved by the state board of education to the same oversight and reporting requirements found in the existing charter school laws. The bill provides that funding for charter schools shall be through reimbursement anticipation notes or by the adoption of a budget by the school district which includes the necessary amounts directly payable to the charter school.

HB 329-FN-L, establishing a committee to study indoor air quality and fire safety in public schools. Education Committee. Vote 4-0. Ought to Pass, Senator Disnard for the committee.

HB 1190, relative to a one-year certificate of eligibility to teach. Education Committee. Vote 3-1. Ought to Pass, Senator O'Hearn for the committee.

HB 1230-FN, authorizing the commissioner of the department of education to expend funds for special education advocacy. Education Committee. Vote 3-0. Inexpedient to Legislate, Senator Johnson for the committee.

HB 1281, establishing a commission to study public educational choice initiatives. Education Committee. Vote 4-0. Ought to pass with amendment, Senator O'Hearn for the committee.

2002-3476s

04/01

Amend the introductory paragraph of section 3 of the bill by replacing it with the following:

3 Duties. The commission shall consider any relevant prior legislative reports in developing the focus of the study. In addition, the commission shall study:

HB 757, establishing an early literacy and reading improvement program and making an appropriation therefor and establishing a statewide education accountability system. Finance Committee. Vote 3-2. Ought to Pass, Senator Barnes for the committee.

Senator McCarley offered a floor amendment.

2002-3495s

04/05

Floor Amendment to HB 757

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

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

1 New Chapter; Early Literacy and Reading Improvement. Amend RSA by inserting after chapter 193-F the following new chapter:

CHAPTER 193-G

EARLY LITERACY AND READING IMPROVEMENT

193-G:1 Purpose. The general court finds that in order to implement New Hampshire’s policy of providing all pupils with the opportunity to acquire an adequate public elementary and secondary education, it is essential that by the end of grade 3 virtually every child is reading independently at grade level. Therefore, the general court enacts a program of professional development and support for those who impact the child’s reading skill: parents and early child care providers who prepare young children for reading, and primary school teachers.

193-G:2 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of education.

II. "Department" means the department of education.

III. "State board" means the state board of education.

IV. "Primary school" means a school that includes grades K-3 or any grouping thereof.

V. "Pre-school children" means children through age 5 that are not enrolled in a primary school.

VI. "Early child care providers" means individuals that are paid to provide care and education to children through age 5 that are not enrolled in a primary school.

VII. "Early childhood specialist" means an experienced teacher who, by virtue of specialized training, appropriate experience, and demonstrated success, has the knowledge and skills necessary to provide early learning and reading assistance to other individuals.

VIII. "Primary caregivers" means parents, guardians, or others with primary responsibility for the child.

193-G:3 Comprehensive Early Literacy and Reading Improvement Program; Policy. It shall be the policy of this state to provide outcome-proven programs of support and education to primary caregivers, early child care providers, and primary school teachers and administrators that shape the language and literacy development of children through a comprehensive, coordinated, early literacy and reading improvement program which shall:

I. Provide primary caregivers with an outcome-proven program of information and support including the key elements of the young child’s developing early literacy knowledge and skills.

II. Provide to early childhood providers:

(a) An outcome-proven program of instruction and support in the developing literacy of pre-school children delivered by early childhood specialists.

(b) Scholarships to participate in college credit courses in the development of early literacy in pre-school children.

III. Provide primary school teachers and administrators with structured, outcome-proven, school-wide professional development in reading instruction through the use of intensive summer institutes, regional meetings, and reading specialists who will provide follow-up activities and continuous technical assistance during the school year. Participating teachers will receive training and materials to implement baseline and checkpoint reading assessments on an individual basis in grades 1 and 2.

IV. Involve institutions of higher education in partnerships to:

(a) Better prepare new teachers to utilize outcome-proven early literacy knowledge and skills and deliver outcome-proven reading instruction.

(b) Coordinate opportunities for local school districts, institutions of higher education, early child care providers, and primary caregivers to work together to deliver high-quality, outcome-proven reading instruction to primary school children as well as provide research-based support for the development of early literacy in preschool children.

193-G:4 Early Literacy and Reading Improvement Program Established.

I. There is hereby established an early literacy and reading improvement program in the department of education. This program shall provide education and support to primary caregivers of young children, early child care providers and primary school teachers and administrators in developmentally appropriate literacy instruction. Beginning July 1, 2003, approximately equal parts of any funds appropriated shall be used to support the provisions of RSA 193-G:3, I-III.

II. The program shall design and implement a structured observation program to determine the extent to which pupils at earlier ages are making progress toward reading at grade level by the end of grade 3; determine if pupils at the end of grade 3 are reading at grade level by implementing an assessment instrument developed by the department and approved by the state board of education; and provide early literacy and reading improvement assistance, including grants, to local school districts. The program shall also develop, provide, and evaluate outcome-proven programs and courses established in RSA 193-G:3, I-III, and shall provide technical assistance and professional development activities through grants, contracts with consultants, and the employment of individuals to fill authorized, program-related positions.

III. For the fiscal year beginning July 1, 2003, and each fiscal year thereafter, grants to local school districts shall be used to address the areas specified in RSA 193-G:3, as well as other demonstrated needs related directly to early literacy and the improvement of reading. The administration of the early literacy and reading improvement grant program involves the following:

(a) Establishing forms and procedures for districts to use for the development and submission of early literacy and reading improvement grant requests, including:

(1) A detailed plan and budget, with the opportunity to request up to 3 years of financial assistance for both primary school professional development and preschool or caregiver components; and the further opportunity to apply for additional assistance based on demonstrated need.

(2) An assurance that grant funds will be used only to supplement and not supplant on-going local efforts.

(3) A description, if applicable, of how grant activities were planned in consultation with, and will be implemented in coordination with the goals of the program, institutions of higher education, early child care providers, and primary caregivers.

(4) A delineation of the geographic area to be served by the project.

(b) Providing assistance to districts in the development of grant requests.

(c) Establishing an equitable grant review process that:

(1) Includes an evaluation of each proposal’s adequacy, educational appropriateness, and cost effectiveness, and the extent to which additional revenues are required to implement the proposed plan and activities.

(2) Gives priority to districts with lower-performing schools in reading that have satisfactorily addressed the review criteria in subparagraph (1) and are proposing reasonable efforts to address early literacy needs and/or improve reading performance.

(d) Reviewing grant requests with recommendations for approval, including level of funding and, to the extent possible, balanced geographic distribution.

(e) Distributing grant payments to school districts in accordance with an established payment schedule specified in the district’s grant approval notification.

(f) Monitoring the implementation of funded plans and activities.

(g) Evaluating the educational impact of the programs established in RSA 193-G:3, I-III on:

(1) Parent and early childhood provider understanding of child development concepts.

(2) Adult-child interactions in early childhood programs, as well as the phonological awareness, development of vocabulary, access to books and appropriate reading and writing opportunities, and understanding of print concepts of children in early childhood programs.

(3) Reading skill and comprehension in primary school students.

193-G:5 Rulemaking. The state board shall, pursuant to RSA 541-A, and not later than July 1, 2004, adopt rules relative to the administration of the early literacy and reading improvement program established in RSA 193-G:3 and RSA 193-G:4.

193-G:6 Early Learning Oversight Committee Established.

I. An early learning oversight committee shall be established and shall consist of the following members:

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

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

(c) Three members of the public appointed by the governor, 2 of whom shall serve a 2-year term, and one of whom shall serve a 3-year term.

(d) Two members of the public, appointed by the speaker of the house, one of whom shall serve a 3-year term and one of whom shall serve a 2-year term.

(e) Two members of the public, appointed by the senate president, one of whom shall serve a 3-year term and one of whom shall serve a 2-year term.

II. Legislative members of the committee shall serve a term of office coterminous with their membership in the general court.

III. Legislative members of the committee shall receive mileage at the legislative rate while attending to the duties of the commission.

193-G:7 Duties.

I. The duties of the early learning oversight committee shall be to:

(a) Examine administrative models in place in New Hampshire and in other states to determine the most effective administrative structure and oversight to assure the effective implementation of the early literacy and reading programs funded in this act.

(b) Determine the most effective administrative relationship between the department of education, the department of health and human services and other providers of early literacy and reading programs to assure that the services provided interact in a manner which promotes efficiency and maximizes benefits to children.

(c) Review the development and implementation of the program to ensure it is in accordance with legislative policy. Implementation of the program shall be consistent with the committee’s determinations in subparagraphs (a) and (b).

(d) Oversee the outcome-proven early literacy and reading improvement programs established in RSA 193-G:3, I-III, including the impact of each program on the improvement of reading skills and comprehension of students in low-performing schools.

(e) Oversee the effect of each early literacy and reading improvement program established in RSA 193-G:3, I-III on the improvement of reading skill and comprehension of students in low-performing schools and early literacy and language skills of children in child care settings in the region of the schools.

II. The department of education shall provide administrative oversight and support to the committee.

193-G:8 Report. The committee shall submit a report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the state library, and the governor on or before November 1 of each year.

2 Appropriation; Positions Established.

I. The sum of $385,349 for the biennium ending June 30, 2003 is hereby appropriated to the department of education to be used for the purposes set forth in this section. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

II. The department of education is hereby authorized to establish one program administrator position at labor grade 28, one education consultant position at labor grade 27, and one program assistant position at labor grade 12 from funds appropriated in this act.

III. Funds appropriated in this section shall be used for the salary, benefits, equipment, and current expenses resulting from the new positions established in this act, to develop and implement the end of grade 3 reading assessment required in RSA 193-G:4, II, and to implement the early literacy and reading improvement program as set forth in RSA 193-G:4.

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

2002-3495s

AMENDED ANALYSIS

This bill establishes an early literacy and reading improvement program and makes an appropriation of $385,349 for the biennium ending June 30, 2003.

HB 1462-FN-A-L, eliminating the statewide education property tax as a source of funding adequate education. Finance Committee. Vote 3-2. Ought to pass with amendment, Senator Barnes for the committee.

2002-3485s

10/09

Amendment to HB 1462-FN-A-LOCAL

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

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

1 Committee Established. There is established a committee to study the repeal of the statewide education property tax.

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:

I. Study the effects of a repeal of the statewide education property tax under RSA 76:3.

II. Conduct an examination of alternative revenue streams in the event of the repeal of the statewide education property tax.

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. Four 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 December 1, 2002.

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

2002-3485s

AMENDED ANALYSIS

This bill establishes a committee to study the repeal of the statewide education property tax.

Senator Boyce offered a floor amendment.

2002-3468s

10/09

Floor Amendment to HB 1462-FN-A-LOCAL

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

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

1 Education Trust Fund; Excess Education Property Taxes Removed. Amend RSA 6:12, I(www) to read as follows:

(www) Money received under RSA 77-A, RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, [RSA 198:46,] and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39.

2 Property Taxes Assessed. Amend RSA 76:5 to read as follows:

76:5 What Taxes Assessed. The selectmen shall seasonably assess all [state and] county taxes for which they have the [warrants] warrant of the [commissioner of revenue administration and] county treasurers [respectively]; all taxes duly voted in their towns; and all school and village district taxes authorized by law or by vote of any school or village district duly certified to them; and all sums required to be assessed by RSA 33 and RSA 21-J:9-c. Any decision by the commissioner not to certify the assessments of a municipality pursuant to RSA 21-J:11-a shall not affect the authority of the selectmen to assess taxes.

3 Tax Bill Information. Amend RSA 76:11-a, I to read as follows:

I. The tax bill which is sent to every person taxed, as provided in RSA 76:11, shall show the rate for municipal, local education, [state education,] and county taxes separately, the assessed valuation of all lands and buildings for which said person is being taxed, and the right to apply in writing to the selectmen or assessors for an abatement of the tax assessed as provided under RSA 76:16. The department of revenue administration shall compute for each town and city the rates which are to appear on the tax bills and shall furnish the required information to the appropriate town or city.

4 Education Trust Fund. Amend the introductory paragraph of RSA 198:39, I to read as follows:

I. The state treasurer shall establish an education trust fund in the treasury. Moneys in such fund shall not be used for any purpose other than to distribute adequate education grants to municipalities’ school districts pursuant to RSA 198:42[, and to provide education property tax hardship relief under RSA 198:55]. The state treasurer shall deposit into this fund immediately upon receipt:

5 Determination of Adequate Education Grants. Amend RSA 198:41 to read as follows:

198:41 Determination of Adequate Education Grants.

I. Except for municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the department of education shall determine the amount of the adequate education grant for the municipality as follows:

(a) Multiply the average base cost per pupil of an elementary pupil by the weighted average daily membership in residence for the municipality;

(b) Add to the product of subparagraph (a), 70 percent of the municipality’s apportioned transportation cost[;

(c) Subtract from the sum of subparagraph (b) the amount of the education property tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:9 for the next tax year].

II. For municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the department of education shall determine the amount of the adequate education grant for each municipality as the lesser of the two following calculations:

(a) The amount calculated in accordance with paragraph I of this section; or

(b) The total amount paid for items of current education expense as determined by the department of education [minus the amount of the education property tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:9 for the next tax year].

6 Adequate Education Grants; Appropriation. Amend RSA 198:42, II to read as follows:

II. For the fiscal year beginning July 1, 1999, and every fiscal year thereafter the amount necessary to fund the grants under RSA 198:41 is hereby appropriated from the education trust fund created under RSA 198:39 to the department of education [according to the following formula: from] in the amount calculated in accordance with RSA 198:40, III[, subtract the aggregate amount of the education property tax warrants to be issued by the commissioner of revenue administration for municipalities reported pursuant to RSA 76:9 for the next tax year]. The governor is authorized to draw a warrant from the education trust fund to satisfy the state’s obligation under this section. Such warrant for payment shall be issued regardless of the balance of funds available in the education trust fund. If the balance in the education trust fund, after the issuance of any such warrant, is less than zero, the commissioner of the department of administrative services shall inform the fiscal committee and the governor and council of such balance. This reporting shall not in any way prohibit or delay the distribution of adequate education grants.

7 Statement of Purpose; Legislative Findings. The general court recognizes the inherent imprecision and subjectivity involved in determining the cost of providing the opportunity for an adequate education. The general court further recognizes the New Hampshire constitution, in Part 1, Article 6, reserves the absolute right to the towns and cities of electing and contracting with their own teachers: "the several parishes, bodies corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance, or both." In the exercise of its constitutional authority and discretion, to provide the opportunity for pupils to obtain an adequate education, the general court has adopted an average costing methodology. The general court recognizes that this costing methodology may produce spending pressures and results that may not accurately reflect the cost of continuing to provide adequate educational opportunity over time. As a result, the general court finds that changing the base cost per pupil by reference to the consumer price index is the most appropriate way to calculate changes in the cost of an adequate education.

8 School Money; Definitions. Amend RSA 198:38, XI to read as follows:

XI. "Transportation costs" means the costs of transporting pupils in grades kindergarten through grade 12 to and from school and the cost of other [school] pupil-related activities, less applicable revenues from other school districts, individuals, organizations, or federal aid as reported by school districts on the [MS-25] DOE-25 form.

9 School Money; Determination of Per Pupil Adequate Education Grants Amended. RSA 198:40, I is repealed and reenacted to read as follows:

I. For the biennium beginning July 1, 2003, and every biennium thereafter, the cost per pupil shall be established using the following formula:

(a) The department of education shall calculate the base expenditure per pupil, for each school district that operates an elementary school, by subtracting from the total expenditures at the elementary school level all salary and benefits for instructional staff, pursuant to Part 1, Article 6 of the New Hampshire constitution ("the several parishes, bodies corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance, or both"), tuition to other school districts or approved educational programs, capital expenses and debt service on such expenses, special education costs, food service costs, transportation costs, adult and continuing education costs, community services costs, and federal revenues not otherwise deducted. For each school district, this amount shall be divided by the average daily membership in attendance at the elementary school level.

(b) The adequate education grant amount shall be calculated as follows:

(1) The department of education shall identify those school districts where for each of the 3 previous years, a minimum of 11 pupils were assessed in each grade 3 and each grade 6 subject area of the statewide assessment program. For each year in each assessment, the department shall determine the percentage of pupils performing at the basic level or above, and then shall determine the average grade 3 percentage and the average grade 6 percentage over the 3 year period. These average percentages shall be combined and averaged to yield the school district percentage. Districts where the 3-year average performance at the basic level or above is between 50 percent and 70 percent shall be selected.

(2) From the school districts selected in subparagraph I(b)(1) of this section, the department of education shall then identify those school districts, including any portion of the average daily membership in attendance of any such school district, that have the lowest base expenditure per pupil as calculated pursuant to subparagraph I(a) and which represent 50 percent of the average daily membership in attendance at the elementary level of the school districts identified in subparagraph I(b)(1) of this section.

(3) The department of education shall calculate the average base cost per pupil of an adequate education at the elementary school level by multiplying the base expenditure per pupil of each school district by the average daily membership in attendance identified in subparagraph I(b)(2) of this section, and add the results. This sum shall be divided by the average daily membership in attendance determined in subparagraph I (b) (2) of this section and the result shall be multiplied by .9025.

(4) The department shall calculate an alternative base cost per pupil by multiplying the base cost per pupil calculated in the immediately preceding biennium by an amount equal to one plus 2 times the average annual rate of inflation taken from the 4 calendar years immediately preceding the calendar year in which the calculation in this subparagraph is made. Inflation shall be measured by the most recent available northeast region consumer price index as published by the Bureau of Labor Statistics, United States Department of Labor.

(5) The base cost per pupil for the biennium shall be the lower of the base costs per pupil calculated in subparagraphs I(b)(3) and I(b)(4).

10 School Money; Duties of the Department of Education. Amend RSA 198:44, I to read as follows:

I. The department of education shall, on or before September [30] 1 of each year, collect from the school districts final data concerning all aspects of student attendance for the school year ending June 30 of that year necessary to establish the average daily membership, average daily membership in residence, and weighted average daily membership in residence, including the municipality of residence for each pupil for that year. The department of education shall submit a report by December 31 of each year to the speaker of the house of representatives and the senate president to be used for purposes of determination by the legislature of the appropriation to the education trust fund. A copy of such report shall, at the same time, be given to the department of revenue administration.

11 School Boards, Teachers; Definitions Amended. RSA 189:1-d is repealed and reenacted to read as follows:

189:1-d Definitions. In this chapter:

I. "Attendance" means full-time participation in a program of instruction under the direction of a teacher employed by the school district. Educationally disabled home educated pupils educated at school district expense under the direction of a teacher employed by the school district shall be included.

II. "Membership" means pupils of whom attendance is expected, whether a pupil is present or absent on any given day.

III. "Average daily membership in attendance" means the aggregate half-day membership of pupils attending schools operated by a school district divided by the number of half-days of instruction offered. The average daily membership in attendance for preschool and kindergarten pupils shall be divided by the number of instructional days offered to higher level elementary grades.

IV. "Average daily membership in residence" means the average daily membership in attendance of pupils who are legal residents of the school district pursuant to RSA 193:12 or RSA 193:27, IV and are attending any public school, or who are attending any charter school or private school program approved by the department of education at the expense of the school district.

12 Procedure for Formation of Cooperative School Districts; Apportioning Operating Expenses; Exclusion of Home Education Pupils Deleted. Amend RSA 195:18, III(e) to read as follows:

(e) The method of apportioning the operating expenses of the cooperative school district among the several preexisting districts and the time and manner of payment of such shares. [Home education pupils who do not receive services from the cooperative school district, except an evaluation pursuant to RSA 193-A:6, II shall not be included in the average daily membership relative to apportionment formulas.]

13 Procedure for Formation of Cooperative School Districts; Apportioning Capital Expenses; Exclusion of Home Education Pupils Deleted. Amend RSA 195:18, III(g) to read as follows:

(g) The method of apportioning the capital expenses of the cooperative school district among the several preexisting districts, which need not be the same as the method for apportioning operating expenses, and the time and manner of payment of such shares. Capital expenses shall include the costs of acquiring land and buildings for school purposes, including property owned by a preexisting district; the construction, furnishing, and equipping of school buildings and facilities; and the payment of the principal and interest of any indebtedness which is incurred to pay for the same or which is assumed by the cooperative school district. [Home education pupils who do not receive services from the cooperative school district, except an evaluation pursuant to RSA 193-A:6, II, shall not be included in the average daily membership relative to apportionment formulas.]

14 Applicability; Minimum Grant. The provisions of sections 7-14 of this act shall apply to the calculation of the cost of educational adequacy and adequate education grants for the fiscal year beginning July 1, 2003. Notwithstanding the revisions to the formula used to calculate the cost of an adequate education in sections 7-14 of this act, no town or city shall receive an adequate education net grant amount under RSA 198:41 for state fiscal years 2005, 2006, and 2007 which is less than the adequate education net grant amount for the year ending June 30, 2004.

15 Repeal. The following are repealed:

I. RSA 21-I:18, I(l), relative to administration of purchases of services by the department of revenue administration for tax relief claims.

II. RSA 76:3, relative to education property tax assessment.

III. RSA 76:8, relative to the commissioner’s warrant.

IV. RSA 76:9, relative to the commissioner’s report.

V. RSA 83-F:9, relative to exemption from the state education property tax.

VI. RSA 198:39, I(g) the deposit of excess education tax payments into the education trust fund.

VII. RSA 198:46, relative to excess education property taxes.

VIII. RSA 198:47, relative to forms for remitting excess education property taxes.

IX. The subdivision heading preceding RSA 198:46, relative to excess education property tax payment.

X. RSA 198:56-61, relative to low and moderate income homeowners property tax relief.

16 Effective Date.

I. Sections 1-6 and section 15 of this act shall take effect July 1, 2004.

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

2002-3468s

AMENDED ANALYSIS

This bill:

I. Eliminates the statewide education property tax as a source of revenue for the education trust fund on January 1, 2004.

II. Makes changes to the base cost formula for calculating adequate education grants and provides that the base cost per pupil shall be adjusted by the northeast consumer price index.

III. Amends the calculation of transportation costs by deducting revenues received from other school districts, individuals, organizations, or federal aid.

IV. Amends the definition of "attendance" for purposes of determining average daily membership in attendance and average daily membership in residence.

V. Deletes the home education pupil exclusions from the cooperative school district apportionment of expenses laws.

Senator Fernald offered a floor amendment.

Sen. Fernald, Dist. 11

Sen. Below, Dist. 5

Sen. Hollingworth, Dist. 23

Sen. Cohen, Dist. 24

April 16, 2002

2002-3514s

10/01

Floor Amendment to HB 1462-FN-A-LOCAL

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

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

1 Education Trust Fund; Excess Education Property Taxes Removed. Amend RSA 6:12, I(www) to read as follows:

(www) Money received under RSA 77-A, RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, [RSA 198:46,] and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39.

2 Property Taxes Assessed. Amend RSA 76:5 to read as follows:

76:5 What Taxes Assessed. The selectmen shall seasonably assess all [state and] county taxes for which they have the [warrants] warrant of the [commissioner of revenue administration and] county treasurers [respectively]; all taxes duly voted in their towns; and all school and village district taxes authorized by law or by vote of any school or village district duly certified to them; and all sums required to be assessed by RSA 33 and RSA 21-J:9-c. Any decision by the commissioner not to certify the assessments of a municipality pursuant to RSA 21-J:11-a shall not affect the authority of the selectmen to assess taxes.

3 Tax Bill Information. Amend RSA 76:11-a, I to read as follows:

I. The tax bill which is sent to every person taxed, as provided in RSA 76:11, shall show the rate for municipal, local education, [state education,] and county taxes separately, the assessed valuation of all lands and buildings for which said person is being taxed, and the right to apply in writing to the selectmen or assessors for an abatement of the tax assessed as provided under RSA 76:16. The department of revenue administration shall compute for each town and city the rates which are to appear on the tax bills and shall furnish the required information to the appropriate town or city.

4 Education Trust Fund. Amend the introductory paragraph of RSA 198:39, I to read as follows:

I. The state treasurer shall establish an education trust fund in the treasury. Moneys in such fund shall not be used for any purpose other than to distribute adequate education grants to municipalities’ school districts pursuant to RSA 198:42[, and to provide education property tax hardship relief under RSA 198:55]. The state treasurer shall deposit into this fund immediately upon receipt:

5 Determination of Adequate Education Grants. Amend RSA 198:41 to read as follows:

198:41 Determination of Adequate Education Grants.

I. Except for municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the department of education shall determine the amount of the adequate education grant for the municipality as follows:

(a) Multiply the average base cost per pupil of an elementary pupil by the weighted average daily membership in residence for the municipality;

(b) Add to the product of subparagraph (a), 70 percent of the municipality’s apportioned transportation cost[;

(c) Subtract from the sum of subparagraph (b) the amount of the education property tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:9 for the next tax year].

II. For municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the department of education shall determine the amount of the adequate education grant for each municipality as the lesser of the two following calculations:

(a) The amount calculated in accordance with paragraph I of this section; or

(b) The total amount paid for items of current education expense as determined by the department of education [minus the amount of the education property tax warrant to be issued by the commissioner of revenue administration for such municipality reported pursuant to RSA 76:9 for the next tax year].

6 Adequate Education Grants; Appropriation. Amend RSA 198:42, II to read as follows:

II. For the fiscal year beginning July 1, 1999, and every fiscal year thereafter the amount necessary to fund the grants under RSA 198:41 is hereby appropriated from the education trust fund created under RSA 198:39 to the department of education [according to the following formula: from] in the amount calculated in accordance with RSA 198:40, III[, subtract the aggregate amount of the education property tax warrants to be issued by the commissioner of revenue administration for municipalities reported pursuant to RSA 76:9 for the next tax year]. The governor is authorized to draw a warrant from the education trust fund to satisfy the state’s obligation under this section. Such warrant for payment shall be issued regardless of the balance of funds available in the education trust fund. If the balance in the education trust fund, after the issuance of any such warrant, is less than zero, the commissioner of the department of administrative services shall inform the fiscal committee and the governor and council of such balance. This reporting shall not in any way prohibit or delay the distribution of adequate education grants.

7 Repeal. The following are repealed:

I. RSA 21-I:18, I(l), relative to administration of purchases of services by the department of revenue administration for tax relief claims.

II. RSA 76:3, relative to education property tax assessment.

III. RSA 76:8, relative to the commissioner’s warrant.

IV. RSA 76:9, relative to the commissioner’s report.

V. RSA 83-F:9, relative to exemption from the state education property tax.

VI. RSA 198:39, I(g) the deposit of excess education tax payments into the education trust fund.

VII. RSA 198:46, relative to excess education property taxes.

VIII. RSA 198:47, relative to forms for remitting excess education property taxes.

IX. The subdivision heading preceding RSA 198:46, relative to excess education property tax payment.

X. RSA 198:56-61, relative to low and moderate income homeowners property tax relief.

8 Effective Date. This act shall take effect January 1, 2004.

2002-3514s

AMENDED ANALYSIS

This bill eliminates the statewide education property tax as a source of revenue for the education trust fund on January 1, 2004.

HB 1410-L, ratifying the 2001 Amherst annual town meeting, and the 2001 Pembroke town meeting. Public Affairs Committee.

SPLIT REPORT: Ought to pass with amendment, Senator Francoeur for the committee.

Vote 2-2

SPLIT REPORT: Ought to pass with amendment, Senator Disnard for the committee.

Vote 2-2

2002-3464s

10/04

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

AN ACT ratifying the 2001 Amherst annual town meeting, requiring a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and allowing the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

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

2 Referendum Question to Amend the City Charter of Dover. A proposed amendment to the charter of the city of Dover shall be placed on a ballot at the November 2002 Dover biennial election to repeal the provisions for staggered terms adopted by the voters on November 7, 2000.

3 Local Elections in the City of Dover; Conjunction With Biennial Election Permitted. Notwithstanding RSA 44:11, the city of Dover may hold municipal elections in conjunction with the 2002 biennial election.

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

2002-3464s

AMENDED ANALYSIS

This bill ratifies certain acts of the town meeting of Amherst.

This bill also requires a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and permits the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

2002-3466s

10/04

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

AN ACT ratifying the 2001 Amherst annual town meeting, and the 2002 Pembroke town meeting, requiring a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and allowing the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

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

2 Ratification of April 21, 2001 Pembroke Town Meeting. All acts, votes, notices, and proceedings pertinent to article 3 of the Pembroke town meeting held on April 21, 2001, are hereby legalized, ratified, and confirmed.

3 Referendum Question to Amend the City Charter of Dover. A proposed amendment to the charter of the city of Dover shall be placed on a ballot at the November 2002 Dover biennial election to repeal the provisions for staggered terms adopted by the voters on November 7, 2000.

4 Local Elections in the City of Dover; Conjunction With Biennial Election Permitted. Notwithstanding RSA 44:11, the city of Dover may hold municipal elections in conjunction with the 2002 biennial election.

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

2002-3466s

AMENDED ANALYSIS

This bill ratifies the town meetings of Amherst and Pembroke.

This bill also requires a referendum question in the city of Dover concerning the repeal of staggered terms for certain elected offices, and permits the city of Dover to hold municipal elections in conjunction with the 2002 biennial election.

HB 179-FN relative to the scope of RSA 169-B, the juvenile delinquency statute, and establishing a task force on juvenile justice service capacity. Finance Committee. Vote 5-0. Ought to pass with amendment, Senator Gatsas for the committee.

2002-3484s

01/09

Amend paragraph I as inserted by section 7 of the bill by inserting after subparagraph (j) the following new subparagraph:

(k) A representative of the New Hampshire Police Association, appointed by that association.

Senator Fernald offered a floor amendment.

2002-3513s

05/04

Floor Amendment to HB 179-FN

Amend paragraph I as inserted by section 7 of the bill by inserting after subparagraph (k) the following new subparagraphs:

(l) A representative of the New Hampshire Public Defender Program, appointed by the executive director of such organization.

(m) A county corrections officer, appointed by the attorney general.

(n) A representative of Justiceworks at the university of New Hampshire, appointed by the director of such organization.

(o) A representative of the division of educational improvement with expertise in special education, appointed by the commissioner of the department of education.

Amend paragraph IV as inserted by section 7 of the bill by replacing it with the following:

IV. The task force members listed in subparagraph I(c)-(o) may employ the assistance of additional members of their respective agency or organization as necessary to assist with a task or project undertaken by the task force.

Senator Gordon moved to have HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs, taken off the table.

HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs.

Senator Disnard moved to have HB 1273, relative to planning and procedures for state owned or leased trails for all-terrain vehicles and relative to registration fees for certain off highway recreational vehicles, taken off the table.

HB 1273, relative to planning and procedures for state owned or leased trails for all-terrain vehicles and relative to registration fees for certain off highway recreational vehicles.

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

Senator Flanders offered a floor amendment.

2002-3449s

04/09

Floor Amendment to HB 1273-FN

Amend RSA 215-A:23, VI (a) as inserted by section 9 of the bill by replacing it with the following:

VI.(a) Any funds appropriated to the department of resources and economic development for [administration of] the bureau's grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose. Two subaccounts shall be kept within the separate account and shall be separately designated for snow traveling vehicles and for 2-wheeled trail bikes and other OHRVs, respectively. The corresponding registration fee moneys allocated to the bureau’s grant-in-aid program under paragraphs I and III shall be deposited in the respective sub-accounts. Moneys in a subaccount may only be used for grant-in-aid projects that benefit the ridership of the type of vehicle for which the subaccount was established, in amounts proportional to the approximate benefit of each project to such ridership when compared to that of the ridership of other types of OHRVs, as determined by the bureau. Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year. Any unexpended balance remaining in the 2-wheeled trail bike and other OHRV subaccount at the end of the fiscal year shall be transferred to the account established in RSA 215-A:23, VII(c). From each registration fee collected under this section, $5 shall be used for the purpose of purchasing trail grooming equipment and trail maintenance equipment. All remaining funds shall be used for trail maintenance and construction.

HB 213-FN, establishing a study committee on education property tax hardship relief, relative to appraisals of property for ad valorem tax purposes, and making an operating budget appropriation for hardship grants nonlapsing. Finance Committee. Vote 3-1. Ought to pass with amendment, Senator Eaton for the committee.

2002-3489s

08/03

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

AN ACT establishing a study committee on education property tax hardship relief, relative to appraisals of property for ad valorem tax purposes, and making an operating budget appropriation for hardship grants nonlapsing.

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

6 Appraisals of Property for Ad Valorem Tax Purposes. Amend RSA 21-J:11 to read as follows:

21-J:11 Appraisals of Property for Ad Valorem Tax Purposes.

I. Every person, firm, or corporation intending to engage in the business of making appraisals on behalf of a municipality for tax assessment purposes in this state shall notify the commissioner of that intent in writing. No person, firm, or corporation engaged in the business of making appraisals of taxable property for municipalities and taxing districts shall enter into any contract or agreement with any town, city, or other governmental division without first submitting a copy of the proposed contract or agreement to the commissioner for examination and approval [and submitting to the commissioner evidence of financial responsibility and professional capability] along with the names and qualifications of all personnel to be employed under the contract or agreement. This paragraph shall not apply to municipal employees.

II. The commissioner, at no expense to the municipality, shall monitor appraisals of property and supervise appraisers as follows:

(a) Assure that appraisals comply with all applicable statutes and rules;

(b) Assure that appraisers are complying with the terms of [any] the appraisal contract or agreement;

(c) Review the accuracy of appraisals by inspection, evaluation, and testing, in whole or in part, of data collected by the appraisers; and

(d) Report to the governing body on the progress and quality of the municipality's appraisal process.

III. The commissioner shall adopt rules under RSA 541-A relative to the: [provisions required of all contracts for appraisal services and the]

(b) Methodology for inspection, evaluation, and testing of data for the purposes of appraisal monitoring.

7 New Section; Cessation of Unauthorized Appraisals. Amend RSA 21-J by inserting after section 14-j the following new section:

21-J:14-k Cessation of Unauthorized Appraisals. The commissioner, or the commissioner’s authorized agents, may issue a written cease and desist order against any person, firm, corporation, or municipality that does not comply with RSA 21-J:11, I or RSA 21-J:14-f. Any such act may be enjoined by the superior court, upon application of the attorney general.

8 Footnote Added; Hardship Grants. Amend 2001, 130:1.06, 03, 02, 02, 04, class 90 to read as follows:

FY 2002 FY 2003

90 Hardship Grants F 5,000,000 5,000,000

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

2002-3489s

AMENDED ANALYSIS

This bill establishes a study committee on education property tax hardship relief.

This bill changes certain requirements for appraisals of property for tax purposes.

The bill also makes an operating budget appropriation for fiscal year 2002 for hardship grants nonlapsing.

HB 207-FN-L, increasing the state aid contribution to municipalities that expand, upgrade, or develop new wastewater treatment facilities to provide for expanded septage handling and disposal capacity. Finance Committee. Vote 5-0. Ought to pass with amendment, Senator Below for the committee.

2002-3442s

08/10

Amend the bill by replacing section 3 with the following:

3 Effective Date. This act shall take effect July 1, 2003.

HB 212-FN, providing an alternative method of calculating state education property tax hardship relief and authorizing the commissioner of the department of revenue administration to establish certain positions. Finance Committee. Vote 5-0. Ought to Pass, Senator Hollingworth for the committee.

HB 284-FN, relative to additional emissions reductions from existing fossil fuel burning steam electric power plants. Finance Committee. Vote 5-1. Ought to Pass, Senator Below for the committee.

Senator Pignatelli moved to have HB 284-FN, relative to additional emissions reductions from existing fossil fuel burning steam electric power plants, laid on the table.

HB 284-FN, relative to additional emissions reductions from existing fossil fuel burning steam electric power plants.

HB 550-FN, relative to destruction of information. Finance Committee. Vote 5-0. Ought to Pass, Senator Eaton for the committee.

HB 556-FN-A, relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation, and allowing the commissioner of the department of cultural resources to accept donations for purposes stipulated by the donor. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 557-FN-A, relative to victims' assistance programs and the victims' assistance fund. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Below for the committee.

2002-3446s

04/09

Amend RSA 6:12, I(aa) as inserted by section 1 of the bill by replacing it with the following:

(aa) The assessments collected under RSA 188-F:31 and 651:63, V and the surcharges on state commissary purchases under RSA 622:7-b designated for the victims’ assistance fund which shall be credited to the victims’ assistance fund until that fund exceeds [$750,000] $900,000, at which time moneys in excess of [$750,000] $900,000 shall be credited to the general fund.

Amend the bill by replacing section 4 with the following:

4 Effective Date.

I. Section 1 of this act shall take effect July 1, 2003.

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

2002-3446s

AMENDED ANALYSIS

This bill removes the 25 percent cap on grants made from the victims’ assistance fund. The bill also provides that money in the victims’ assistance fund in excess of $900,000 shall lapse to the general fund.

Senator McCarley moved to have HB 557-FN-A, relative to victims' assistance programs and the victims' assistance fund, laid on the table.

HB 557-FN-A, relative to victims' assistance programs and the victims' assistance fund.

Senator Below moved to have HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation, taken off the table.

HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation.

Senator Below offered a floor amendment.

Sen. Below, Dist. 5

Sen. Gatsas, Dist. 16

Sen. Flanders, Dist. 7

Rep. Patten, Carr. 9

April 11, 2002

2002-3430s

10/01

Floor Amendment to HB 1415

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

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

5 Equalization Standards Board; Public Forums. Amend RSA 21-J:14-d, III to read as follows:

III. The board shall annually determine, vote upon, and recommend to the [chairperson of the board] department of revenue administration, the ratio study procedures for use in the forthcoming tax year. Prior to the adoption of such recommendations, the board shall hold a series of at least 3 public forums annually throughout the state to receive general comment through verbal and written testimony on the ratio study procedures. [After the public forums are concluded and the board has made its recommended changes, in accordance with paragraph IV, the board shall proceed to adopt any proposed rules.] A quorum of the board shall not be required to hold such public forums.

6 Equalization Standards Board; Rulemaking. RSA 21-J:14-d, V is repealed and reenacted to read as follows:

V. The board shall adopt rules pursuant to RSA 541-A, with specific attention to RSA 541-A:25 prohibiting unfunded state mandates, relative to the organization of and the practices and procedures of the board, and other rules necessary to fulfill the duties of the board.

7 Joint Legislative Committee on Administrative Rules; Changes in Services and Staffing. Amend RSA 541-A:2, II to read as follows:

II. The joint legislative committee on administrative rules shall meet at least once each month and more often as necessary for the prompt discharge of its duties. The director of legislative services shall provide services and shall employ full-time staff, including clerical support and specially designated committee legal counsel, in a division of administrative rules established within the office of legislative services. Changes in services or staffing in the division shall be made by the joint committee on legislative facilities only after receiving the recommendation of the director of legislative services, after consultation with the chair and vice-chair of the joint legislative committee on administrative rules. The joint legislative committee on administrative rules shall adopt rules to govern its operation and organization. A quorum of the committee shall consist of 6 members. Members of the committee shall be entitled to legislative mileage as provided to members for attendance at sessions of the general court.

8 Salary Structure for State Officers; Codification of Technical Corrections. Amend 2001, 158:107 to read as follows:

158:107 Authority for New or Omitted Positions or Technical Corrections. The commissioner of the department of administrative services shall have the authority to submit any unclassified positions created in any act which becomes law during the 2001 legislative session or any existing unclassified position omitted from RSA 94:1-a as amended by this act, or technical corrections to agree with the final report of the consultant, after consultation with the consultant on employee compensation for state officers, to the fiscal committee for approval of the proper placement of the unclassified position in the salary structure for state officers. The director of legislative services is hereby authorized to make changes to RSA 94:1-a, I(b)to include new positions, existing positions which were omitted, or other technical corrections, as approved by the fiscal committee pursuant to this section. The authority for the director of legislative services to make such changes to RSA 94:1-a, I(b) shall expire upon the printing of the 2002 supplements to the Revised Statutes Annotated.

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

2002-3430s

AMENDED ANALYSIS

The bill:

I. Removes certain provisions for extension of the date for decision, reply, or appeal in abatement cases in the effective year of a property revaluation for towns having 9,000 or more parcels.

II. Changes the rulemaking authority for the equalization standards board and allows the board to hold its public forums on ratio study procedures with less than a quorum.

III. Provides that changes in services or staffing for the joint legislative committee on administrative rules require the recommendation of the director of legislative services.

IV. Allows the director of legislative services to add positions for unclassified state officers which were newly created or omitted from the revised salary structure for state officers or make other technical corrections submitted by the commissioner of administrative services and approved by the fiscal committee.

HB 559-FN, relative to the procedures for assignment of income from child or spousal support orders. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

Senator Gordon offered a floor amendment.

Sen. Fernald, Dist. 11

April 16, 2002

2002-3520s

05/03

Floor Amendment to HB 559-FN

Amend the bill by replacing section 3 with the following:

3 New Subparagraph; Child Support Guidelines; Child Support Formula; Effective Date of Modification. Amend RSA 458-C:3, IV by inserting after subparagraph (b) the following new subparagraph:

(c) If a petition for modification is granted, it shall be effective from the date of service of the petition upon the respondent.

2002-3520s

AMENDED ANALYSIS

This bill authorizes the use of a direct deposit dedicated checking account as an alternative to wage assignment for child support payments.

The bill also provides that a petition for modification shall be retroactive to the date of service of the petition upon the respondent.

HB 560-FN-A, establishing a committee to study the retirement plan for the judiciary. Finance Committee. Vote 5-0. Ought to Pass, Senator Hollingworth for the committee.

HB 581-FN, relative to the authority of the commissioner of agriculture, markets, and food to search for invasive species. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 587-FN-A, establishing a commission on the status of men. Finance Committee. Vote 5-0. Ought to pass with amendment, Senator Boyce for the committee.

2002-3480s

10/04

Amend RSA 19-I:7 as inserted by section 2 of the bill by replacing it with the following:

19-I:7 Funding; Authority to Accept Gifts. The commission may accept any gifts, donations, or grants from any source whatsoever provided the gifts, donations, or grants so received shall be used exclusively in the furtherance of the duties of the commission. No state general funds shall be appropriated to the commission for any purpose.

Amend the bill by replacing section 4 with the following:

4 Effective Date.

I. Section 3 of this act shall take effect September 1, 2007.

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

Senator Pignatelli moved to have HB 587-FN-A, establishing a commission on the status of men, laid on the table.

HB 587-FN-A, establishing a commission on the status of men.

HB 592-FN-A, relative to a milfoil and other exotic aquatic plants prevention program. Finance Committee. Vote 5-1. Ought to Pass, Senator Hollingworth for the committee.

Senator Pignatelli moved to have HB 592-FN-A, relative to a milfoil and other exotic aquatic plants prevention program, laid on the table.

HB 592-FN-A, relative to a milfoil and other exotic aquatic plants prevention program.

HB 718-FN, relative to renewable-energy-source electricity generation and transition service. Finance Committee. Vote 5-2. Ought to Pass, Senator Below for the committee.

HB 768-FN, relative to DNA testing of criminal offenders. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Hollingworth for the committee.

2002-3472s

04/09

Amend RSA 651-C:6 as inserted by section 1 of the bill by replacing it with the following:

651-C:6 Cost. The court, upon conviction, may order the offender to pay the cost of testing. The court shall include a statement describing the responsibility for the cost of testing in the sentencing order.

Amend the bill by replacing section 3 with the following:

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

HB 1102, establishing a hazardous waste coordinator certificate program and making an appropriation therefor. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

HB 1119-FN-L, relative to landfill closing costs reimbursed by the department of environmental services. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

HB 1187-FN, relative to criminal penalties for possession of a firearm in a safe school zone. Finance Committee. Vote 6-0. Ought to Pass, Senator Gatsas for the committee.

HB 1231-FN implementing a pre-engineering technology curriculum in the public high schools in the state and relative to the naming of the regional community-technical college system. Finance Committee. Vote 5-1. Ought to pass with amendment, Senator Larsen for the committee.

2002-3491s

04/09

Amend the bill by replacing section 2 with the following:

2 Capital Appropriation; Bonds Authorized. To provide funds for this act, any remaining sums in the appropriation originally designated in 1973, 567:1 (former RSA 188-E:10), and as amended, for construction appropriation for the state board of education to make grants to regional vocational education centers are hereby transferred for the purposes of this act and appropriated to the department of education. The commissioner is authorized to grant these funds for the acquisition of pre-engineering technology equipment available to all public secondary schools and regional career and technical centers. The state treasurer is hereby authorized to borrow upon the credit of the state not exceeding said sum and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. The bonds shall be 5-year bonds. This appropriation shall lapse June 30, 2005.

2002-3491s

AMENDED ANALYSIS

This bill:

I. Establishes a pre-engineering technology curriculum in the public high schools in the state and creates a pre-engineering technology curriculum advisory council to advise the department of education on the implementation of such curriculum.

II. Transfers a capital appropriation to acquire pre-engineering technology equipment.

III. Provides that the words "community-technical" shall be included in any name change to any institution within the regional community-technical college system.

Senator Pignatelli moved to have HB 1231-FN implementing a pre-engineering technology curriculum in the public high schools in the state and relative to the naming of the regional community-technical college system, laid on the table.

HB 1231-FN implementing a pre-engineering technology curriculum in the public high schools in the state and relative to the naming of the regional community-technical college system.

HB 1236-FN, establishing a committee to study the adjudication of divorces pursuant to part 2, article 76 of the New Hampshire constitution. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1270-FN, making technical corrections due to the repeal of the legacies and succession tax, relative to the exception from the meals and rooms tax for gratuities, and relative to appeals for redetermination or reconsideration of assessments or demands for payment made by the department of revenue administration. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-3444s

09/01

Amend the bill by replacing section 18 with the following:

18 Effective Date.

I. Sections 15-17 of this act shall take effect July 1, 2002.

II. The remainder of this act shall take effect January 1, 2003.

HB 1299-FN, establishing a committee to study the creation of a marriage education and enhancement program. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

Senator Gordon moved to have HB 1299-FN, establishing a committee to study the creation of a marriage education and enhancement program, laid on the table.

HB 1299-FN, establishing a committee to study the creation of a marriage education and enhancement program.

HB 1302-FN, relative to the purchase of certain prior service credit by members of the retirement system, relative to legislative review of retirement fund investment practices, and relative to the payment of medical benefits costs for retired state employees. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

Senator Roberge moved to have HB 1302-FN, relative to the purchase of certain prior service credit by members of the retirement system, relative to legislative review of retirement fund investment practices, and relative to the payment of medical benefits costs for retired state employees, laid on the table.

HB 1302-FN, relative to the purchase of certain prior service credit by members of the retirement system, relative to legislative review of retirement fund investment practices, and relative to the payment of medical benefits costs for retired state employees.

HB 1305-FN, relative to the pollution prevention program. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 1336-FN, permitting wine manufacturers to be issued restaurant licenses. Finance Committee. Vote 6-0. Ought to Pass, Senator Gatsas for the committee.

HB 1349-FN-A, establishing a committee to study electric utility restructuring in the territory currently serviced by Connecticut Valley Electric Company. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 1352-FN-L, relative to establishing a hazardous duty classification in the length of service awards program. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

HB 1354-FN, licensing body art practitioners. Finance Committee. Vote 6-0. Ought to Pass, Senator Barnes for the committee.

HB 1356-FN, establishing the criminal offense of felony pursuit. Finance Committee. Vote 5-0. Ought to Pass, Senator Boyce for the committee.

HB 1357-FN, relative to the form of drivers' licenses. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

Senator Eaton offered a floor amendment.

2002-3532s

03/10

Floor Amendment to HB 1357-FN

Amend the bill by replacing section 2 with the following:

2 Applicability; Current License Holders. Any holder of a New Hampshire driver’s license valid on the effective date of this act shall be entitled to a driver’s license on which his or her mailing address is printed instead of his or her home address. Such person may exchange his or her license for a license on which the mailing address is printed instead of the home address at the cost of a duplicate license established in RSA 263:42, IV.

HB 1361-FN, relative to the regulation of business practices between off highway recreational vehicle manufacturers, distributors, and dealers. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1365-FN, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community. Finance Committee. Vote 5-0. Ought to Pass, Senator Larsen for the committee.

Senator Eaton moved to have HB 1365-FN, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community, laid on the table.

HB 1365-FN, requiring that the county departments of correction be charged 110 percent of the Medicare rate for inmates who need medical services within the community.

HB 1372-FN, relative to certain residential care facilities. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

HB 1373-FN, relative to the participation in the New Hampshire retirement system by certain school district employees. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

HB 1377-FN, relative to the regulation of physical therapists. Finance Committee. Vote 5-0. Ought to Pass, Senator Gatsas for the committee.

Senator Prescott offered a floor amendment.

2002-3498s

10/09

Floor Amendment to HB 1377-FN

Amend RSA 328-A:8, I as inserted by section 1 of the bill by replacing it with the following:

I. Nothing in this chapter shall be construed to restrict a person licensed under any law of this state from engaging in the profession or practice for which that person is licensed.

HB 1419-FN-A, increasing the capital appropriation made to the fish and game department for the Barry conservation camp building replacement. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1423-FN, relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 1426-FN, relative to the availability of information on the registration of certain sexual offenders. Finance Committee. Vote 2-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-3474s

04/09

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

AN ACT relative to the availability of information on the registration of certain sexual offenders, and requiring certain sexual offenders and offenders against children to report any changes to such person’s place of employment or schooling.

Amend RSA 651-B:7, IV as inserted by section 1 of the bill by replacing it with the following:

IV. The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month. The list shall be made available to interested members of the public upon request to [the] a local law enforcement agency. The department of safety may make the list available to interested members of the public through the use of the department’s official public Internet access site. The department shall adopt rules, pursuant to RSA 541-A, establishing procedures for the collection of information described in this section, the transmission of the information from the division to the local law enforcement agencies, and the conditions under which the list shall be made available to the public. These rules shall enable the public to request information about a named individual or about all listed individuals residing or confined in the state. The rules shall also include provisions for identifying and maintaining a record of the parties to whom information from the list has been disclosed, and may also provide for the imposition of a reasonable fee to defray the administrative costs of collecting the information and making the information available to the public.

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

2 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, II to read as follows:

II. Any sexual offender convicted of a violation or attempted violation of RSA 632-A:4 or RSA 645:1, II, and any offender against children convicted of a violation or attempted violation of RSA 633:3, or 645:2, I [or 649-A:3, III], or of an equivalent offense in an out-of-state jurisdiction, shall be registered for a 10-year period from the date of release following conviction, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent conviction.

3 Registration of Criminal Offenders; Duty to Report Amended. Amend RSA 651-B:4, I(a) to read as follows:

(a) Any person required to be registered under this chapter shall be required to report such person’s current mailing address [and], place of residence or temporary domicile, and place of employment or schooling to the local law enforcement agency within 30 days after the person’s release from custody following conviction, or within 30 days after the person’s date of establishment of residence in New Hampshire if convicted elsewhere. Such report shall also be made annually within 30 days after each anniversary of the person’s date of birth, and additionally within 30 days after any change of address or place of residence.

4 New Paragraph; Registration of Criminal Offenders; Change of Name, Alias, or Address Amended. Amend RSA 651-B:5 by inserting after paragraph II the following new paragraph:

III. Any sexual offender or offender against children who, with or without compensation, is employed by or attends any public or private educational institution for a period exceeding 14 consecutive days, or for an aggregate period of time exceeding 30 days during any calendar year, shall give written notification of any changes to the person’s place of employment or schooling to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 10 days of such change of place of employment or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. If the sexual offender or offender against children continues to be employed by or attend any public or private educational institution, the division shall notify the local law enforcement agency at the new place of employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of place of employment or schooling is outside New Hampshire, and shall include such changes in the LENS system.

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

2002-3474s

AMENDED ANALYSIS

This bill:

I. Allows information on the registration of certain sexual offenders to be provided to law enforcement agencies through the use of electronic mail or other electronic formats and provides that registration information would be made available to the public through the department of safety’s official Internet website.

II. Requires any sexual offender, or offender against children, employed by or attending any public or private educational institution for a specific period of time to inform the proper local law enforcement agency of any change in such person’s place of employment or schooling.

HB 1436-FN, relative to requiring treatment for persons convicted of DWI offenses. Finance Committee. Vote 5-0. Ought to Pass, Senator Barnes for the committee.

HB 1437-FN-A, relative to increasing the staff in the consumer protection and antitrust bureau of the department of justice. Finance Committee. Vote 4-1. Inexpedient to Legislate, Senator Hollingworth for the committee.

HB 1438-FN-A, relative to registration of health clubs. Finance Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

HB 1439-FN-A, relative to an agreement between the state of New Hampshire and city of Laconia and making an appropriation therefor. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

HB 1440-FN-A-L, establishing a New Hampshire local government records management improvement program and fund. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1455-FN-L, establishing portability of a person's qualifying retirement funds for the purchase of permissive service credit in the New Hampshire retirement system. Finance Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 1456-FN, relative to information on drivers' licenses and relative to motor vehicle records. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1460-FN, relative to penalties for alcohol- and drug-related offenses. Finance Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

HB 1461-FN, transferring the office of emergency management to the department of safety, division of fire safety and emergency management. Finance Committee. Vote 5-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-3475s

01/09

Amend RSA 4:45 as inserted by section 4 of the bill by replacing it with the following:

4:45 State of Emergency Declaration; Powers.

I. The governor shall have the power to declare a state of emergency, as defined in RSA 21-P:35, VIII, by executive order if the governor finds that a natural, technological, or man-made disaster of major proportions is imminent or has occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. An executive order or concurrent resolution declaring a state of emergency shall specify the:

(a) Nature of the emergency;

(b) Political subdivisions or geographic areas subject to the declaration;

(c) Conditions that have brought about the emergency; and

(d) Duration of the state of emergency, if less than 21 days.

II.(a) A state of emergency shall terminate automatically 21 days after its declaration unless it is renewed under the same procedures set forth in paragraph I of this section. The governor may, by executive order, renew a declaration of a state of emergency as many times as the governor finds is necessary to protect the safety and welfare of the inhabitants of this state.

(b) If the governor finds that maintaining the state of emergency is no longer justified, the governor shall issue an executive order terminating the state of emergency.

(c) The legislature may terminate a state of emergency by concurrent resolution adopted by a majority vote of each chamber. The governor’s power to renew a declaration of a state of emergency shall terminate upon the adoption of a concurrent resolution under this subparagraph; provided, however, that such resolution shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section.

III. During the existence of a state of emergency, and only for so long as such state of emergency shall exist, the governor shall have and may exercise the following additional emergency powers:

(a) To enforce all laws, rules, and regulations relating to emergency management and to assume control of any or all emergency management forces and helpers in the state.

(b) To sell, lend, lease, give, transfer, receive, or deliver materials or perform services for emergency management purposes on such terms and conditions as the governor shall prescribe and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.

(c) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.

(d) Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under RSA 21-P:34 through 21-P:48. Such removal shall be upon charges after service upon such person of a copy of such charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend such person for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section shall be filled by the governor until it is filled as otherwise provided by law.

(e) To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.

(f) To declare an emergency temporary location or locations for the seat of state government at such place or places within this state as the governor may deem advisable under the circumstances and to take such action and issue such orders as may be necessary for an orderly transaction of the affairs of state government to such emergency temporary location or locations. Such emergency temporary location or locations shall remain the seat of government until the legislature shall by law establish a new location or locations or until the state of emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

HB 1469-FN, establishing a committee to study the eligibility of state employees to receive a retirement system benefit while in service, establishing a moratorium on eligibility for electing such benefit, and prospectively repealing the provision allowing state employees to receive a retirement allowance while in service. Finance Committee. Vote 6-0. Ought to Pass, Senator Boyce for the committee.

HB 1471-FN, establishing a committee for the design and construction of a memorial to the victims of the September 11 tragedy. Finance Committee. Vote 6-0. Ought to Pass, Senator Eaton for the committee.

HB 1472-FN, amending the definitions, applications, and fees relating to explosives and explosive substances, and relative to background investigations and criminal records checks for applicants for private detective or security services. Finance Committee. Vote 5-0. Ought to Pass, Senator Below for the committee.

HB 1473-FN-A, relative to the capital appropriation made to the department of transportation for the new garage and testing lab facility. Finance Committee. Vote 6-0. Ought to Pass, Senator Larsen for the committee.

HB 1478-FN-A, relative to public health emergency preparation and response. Finance Committee. Vote 4-1. Ought to Pass, Senator Larsen for the committee.

HB 1482-FN-A, re-authorizing the motor oil discharge cleanup fund established under RSA 146-F, and establishing new positions at the department of environmental services and making appropriations therefor. Finance Committee. Vote 5-1. Ought to Pass, Senator Below for the committee.

HB 424, establishing a committee to study the exemption from property taxes for not-for-profit hospitals. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Eaton for the committee.

HB 517-L, relative to supply of water by village districts. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Prescott for the committee.

2002-3465s

10/09

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

AN ACT relative to supply of water by village districts, and authorizing Carroll county to operate a public water system.

Amend the bill by replacing all after section 3 with the following:

4 New Paragraph; Jurisdiction. Amend RSA 23:1-a by inserting after paragraph II the following new paragraph:

III. In addition to the powers conferred by paragraphs I and II, the county of Carroll is further empowered to exercise jurisdiction over, to operate, and maintain a public water system within the borders of the town of Ossipee, notwithstanding that such areas are not adjacent to county buildings.

5 Authority for the County of Carroll to Operate and Maintain a Public Water System.

I. The county of Carroll is hereby empowered to exercise jurisdiction over, operate and maintain a public water system within the borders of the town of Ossipee.

II. In addition to the jurisdiction, authority, and powers conferred by paragraph I, the county of Carroll and the Carroll county commissioners are hereby vested with the like powers and duties held by municipalities of the state of New Hampshire, to the extent not inconsistent with state law relative to the authority of county governments.

III. The county of Carroll and the Carroll county commissioners are authorized and empowered to enter upon, take and appropriate any springs, streams, or ponds, not belonging to the county, to construct reservoirs, to make excavations through, over, in, or upon any land or enclosure, street, highway, way, or lane through which it may be necessary to pass or lay its pipes, to construct reservoirs and water works, and to repair and maintain them.

IV. The county of Carroll and the Carroll county commissioners are authorized and empowered to contract with individuals or corporations for supplying said county with water, to make such other contracts, to establish such regulations, tolls, rates, and charges for the use of water systems and facilities, and to collect charges and create liens upon the real estate where such services are furnished, as may from time to time be deemed proper.

V. All acts taken prior to the effective date of this act by the county of Carroll, the Carroll county commissioners and the officers and agents of said county, in constructing, maintaining and operating a public water system within the town of Ossipee are hereby legalized, ratified, and affirmed.

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

2002-3465s

AMENDED ANALYSIS

This bill provides that the public utilities commission shall hold public hearings concerning expansions of water district franchise areas, and that any change of boundaries be ratified in the same manner as the initial establishment of the district. This bill also allows a property owner to connect to municipal water supplies at his or her discretion.

This bill also authorizes Carroll county to operate a public water system.

HB 617, relative to additional exceptions to junk yard regulation. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Disnard for the committee.

2002-3479s

08/10

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

1 Motor Vehicle Recycling Yards and Junk Yards; Scope. Amend RSA 236:111-a, I to read as follows:

236:111-a Scope.

I. Except as provided by paragraph II and III, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110.

2 New Paragraph; Exceptions to Junkyard Regulations. Amend RSA 236:111-a by inserting after paragraph II the following new paragraph:

III. The provisions of this subdivision shall not apply to any noncommercial antique motor vehicle restoration activities involving antique motor vehicles over 25 years old, where the owner or lessee demonstrates that each of the following requirements are met:

(a) All antique motor vehicles kept on the premises are owned by the property owner or lessee; and

(b) All antique motor vehicles and parts of antique motor vehicles are kept out of view of the public and abutters by means of storage inside a permanent structure, or by suitable fencing which complies with the fencing requirements of RSA 236:123, or by trees or shrubbery sufficient to block visual access year round; and

(c) Any combination of antique motor vehicles or parts of antique motor vehicles that are not stored inside a permanent structure shall otherwise comply with the requirements of this section and shall not exceed a total amount of 15 vehicles. For purposes of this section, the sum of the parts of antique motor vehicles that equal in bulk to 1 antique motor vehicle shall be counted as 1 antique motor vehicle; and

(d) All mechanical repairs and modifications are performed out of view of the public and abutters; and

(e) Not more than one unregistered and uninspected motor vehicle that is not over 25 years old shall be kept on the premises; and

(f) The use of the premises is in compliance with all municipal land use ordinances and regulations.

3 Effective Date. This act shall take effect July 1, 2002 at 12:01 a.m.

HB 650-FN, relative to master plans. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-3478s

08/10

Amend RSA 674:2, III (l) and (m) as inserted by section 2 of the bill by replacing it with the following:

(l) A housing section which assesses local housing conditions and projects future housing needs of residents of all levels of income and ages in the municipality and the region as identified in the regional housing needs assessment performed by the regional planning commission pursuant to RSA 36:47, II, and which integrates the availability of human services with other planning undertaken by the community.

(m) An implementation section, which is a long range action program of specific actions, time frames, allocation of responsibility for actions, description of land development regulations to be adopted, and procedures which the municipality may use to monitor and measure the effectiveness of each section of the plan.

Amend the bill by replacing section 4 with the following:

4 Local Land Use; Adoption of Zoning Ordinances. Amend RSA 674:18 to read as follows:

674:18 Adoption of Zoning Ordinance. The local legislative body may adopt a zoning ordinance under RSA 674:16 only after the planning board has adopted the [general statement of objectives and the land use section] mandatory sections of the master plan as described in RSA 674:2, I and II.

HB 722, relative to town, village district, and school district elections. Public Affairs Committee. Vote 3-0. Public Affairs Committee. Inexpedient to Legislate, Senator Disnard for the committee.

Senator McCarley moved to have HB 722, relative to town, village district, and school district elections, laid on the table.

HB 722, relative to town, village district, and school district elections.

HB 1112, relative to the notice period for hearings on excavation permits. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Francoeur for the committee.

HB 1156, relative to the issuance of building permits on private roads. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-3470s

10/04

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

AN ACT relative to the issuance of building permits on private roads, relative to the building code for modular housing, and relative to the membership of the state building code review board

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

2 Modular Housing; Building Code. Amend RSA 205-C:1, II to read as follows:

II. "[State] Modular building code" means the state building code [pursuant to] as defined in and adopted in RSA 155-A, and the International Residential Code 2000 as published by the International Code Council.

3 Modular Building Standards; Modular Building Code. Amend RSA 205-C:2 to read as follows:

205-C:2 Modular Building Standard.

I. All modular buildings and building components ordered on or after the date one year after the effective date of RSA 155-A:2 shall comply with the [state] modular building code and the state fire code.

II. All modular buildings and building components bearing a label of certification pursuant to the requirements of this chapter shall be deemed by local enforcement agencies as meeting the [state] modular building code, however, such certification shall not be deemed to preempt enforcement of any state or local standards governing installation or work performed on the building site, including but not limited to site grading, foundations, driveways, on-site water and sewer systems or connections to off-site systems, and electrical line connections to the power source.

III. Nothing in this chapter shall be construed as amending, repealing or superseding any local law, ordinance, code or regulation, and all modular buildings and building components shall comply with all applicable state or local building requirements that exceed the [state] modular building code, in addition to any land use restrictions including but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.

4 State Building Code Review Board; Master Electrician Member. Amend RSA 155-A:10, I(n) to read as follows:

(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the [New Hampshire Electrical Contractors Business Association] electricians’ board established in RSA 319-C.

5 Effective Date.

I. Section 4 of this act shall take effect April 17, 2002 at 12:01 a.m.

II. Sections 2 and 3 of this act shall take effect September 14, 2002 at 12:01 a.m.

III. The remainder of this act shall take effect 60 days after its passage.

2002-3470s

AMENDED ANALYSIS

This bill allows a building permit to be issued for a lot on a private road if the local governing body has voted to allow development on that private road. It relieves the municipality of any responsibility for maintaining private roads and relieves it from liability for damages resulting from the use of such roads. The bill requires the applicant to show that a notice of the limits of municipal responsibility and liability has been recorded in the county registry of deeds before the building permit may be issued.

This bill also changes the building code applicable to modular housing by applying the International Residential Code 2000 in addition to the state building code.

This bill also changes the nomination of the master electrician member of the state building code review board.

HB 1193-L, relative to local enforcement of junk yards and motor vehicle recycling yards. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-3486s

10/03

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

AN ACT establishing a committee to study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

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

1 Committee Established. There is established a committee to study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

2 Membership and Compensation.

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

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

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

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 local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

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. Four 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, 2002.

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

2002-3486s

AMENDED ANALYSIS

This bill establishes a committee to study local enforcement of compliance with junk yard and motor vehicle recycling yard laws.

HB 1196, enabling municipalities to adopt a property tax exemption for deaf or severely hearing impaired persons. Public Affairs Committee. Vote 2-0. Ought to pass with amendment, Senator Boyce for the committee.

2002-3436s

10/04

Amend RSA 72:38-b, V as inserted by section 3 of the bill by deleting subparagraph (c).

Amend the bill by replacing section 4 with the following:

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

HB 1221, relative to coordinating certain town and school district meetings. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

Senator Larsen moved to have HB 1221, relative to coordinating certain town and school district meetings, laid on the table.

HB 1221, relative to coordinating certain town and school district meetings.

HB 1246, relative to the chairperson of the board of recount in school district recounts. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Eaton for the committee.

HB 1274, relative to town clerks and deputy town clerks. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.

HB 1284, relative to the time frame for petitions for zoning changes submitted to local planning boards. Public Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.

HB 1288, relative to regular meetings of local planning boards. Public Affairs Committee. Vote 3-0. Inexpedient to Legislate, Senator Francoeur for the committee.

HB 1308, relative to checklist corrections on election day. Public Affairs Committee. Vote 2-0. Ought to Pass, Senator Eaton for the committee.

HB 1344-L, establishing a village plan alternative subdivision in zoning and land use planning laws. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-3469s

06/01

Amend the bill by replacing section 2 with the following:

2 New Paragraph; Village Plan Alternative Defined. Amend RSA 674:21 by inserting after paragraph V the following new paragraph:

VI.(a) In this section, "village plan alternative" means an optional land use control and subdivision regulation to provide a means of promoting a more efficient and cost effective method of land development. The village plan alternative’s purpose is to encourage the preservation of open space wherever possible. The village plan alternative subdivision is meant to encourage beneficial consolidation of land development to permit the efficient layout of less costly to maintain roads, utilities, and other public and private infrastructures; to improve the ability of political subdivisions to provide more rapid and efficient delivery of public safety and school transportation services as community growth occurs, and finally, to provide owners of private property with a method for realizing the inherent development value of their real property in a manner conducive to the creation of substantial benefit to the environment and to the political subdivision’s property tax base.

(b) An owner of record wishing to utilize the village plan alternative in the subdivision and development of a parcel of land, by locating the entire density permitted by the existing land use regulations of the political subdivision within which the property is located, on 20 percent or less of the entire parcel available for development, shall provide to the political subdivision within which the property is located, as a condition of approval, a recorded easement reserving the remaining land area of the entire, original lot, solely for agriculture, forestry, and conservation, or for public recreation. The recorded easement shall limit any new construction on the remainder lot to structures associated with farming operations, forest management operations, and conservation uses. Public recreational uses shall be subject to the written approval of those abutters whose property lies within the village plan alternative subdivision portion of the project at the time when such a public use is proposed.

(c) The village plan alternative shall permit the developer or owner to have an expedited subdivision application and approval process wherever land use and subdivision regulations may apply. The submission and approval procedure for a village plan alternative subdivision shall be the same as that for a conventional subdivision. Existing zoning and subdivision regulations relating to emergency access, fire prevention, and public health and safety concerns including any setback requirement for wells, septic systems, or wetland requirement imposed by the department of environmental services shall apply to the developed portion of a village plan alternative subdivision but lot size regulations and dimensional requirements having to do with frontage and setbacks measured from all new property lot lines, and lot size regulations, as well as density regulations shall not apply. The total density of development within a village plan alternate subdivision shall not exceed the total potential development density permitted a conventional subdivision of the entire original lot unless provisions contained with the political subdivision’s land use regulations provide a basis for increasing the permitted density of development within a village plan alternative subdivision. In no case shall a political subdivision impose lesser density requirements upon a village plan alternative subdivision than the density requirements imposed on a conventional subdivision.

(d) Within a village plan alternative subdivision, the exterior wall construction of buildings shall meet or exceed the requirements for fire-rated construction described by the fire prevention and building codes being enforced by the state of New Hampshire at the date and time the property owner of record files a formal application for subdivision approval with the political subdivision having jurisdiction of the project. Exterior walls and openings of new buildings shall also conform to fire protective provisions of all other building codes in force in the political subdivision. Wherever building code or fire prevention code requirements for exterior wall construction appear to be in conflict, the more stringent building or fire prevention code requirements shall apply.

(e) If the total area of a proposed village plan alternative subdivision including all roadways and improvements does not exceed 20 percent of the total land area of the undeveloped lot, and if the proposed subdivision incorporates the total sum of all proposed development as permitted by local regulation on the undeveloped lot, all existing and future dimensional requirements imposed by local regulation, including lot size, shall not apply to the development.

HB 1398, relative to the vote required for issuance of bonds by the Sunapee water and sewer commission. Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.

HB 1407, relative to the definition of abutter in planning and zoning laws, allowing planning and zoning boards to require public notice by posting signs for hearings on the property, and relative to establishing certain criteria to permit variances from zoning ordinances. Public Affairs Committee. Vote 3-0. Ought to pass with amendment, Senator Francoeur for the committee.

2002-3471s

06/01

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

AN ACT relative to the definition of abutter in planning and zoning laws.

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

672:3 Abutter. "Abutter" means any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term abutter means the officers of the collective or association, as defined in RSA 356-B:3, XXIII. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a manufactured housing park form of ownership as defined in RSA 205-A:1, II, the term "abutter" includes the manufactured housing park owner and the tenants who own manufactured housing which adjoins or is directly across the street or stream from the land under consideration by the local land use board.

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

2002-3471s

AMENDED ANALYSIS

This bill changes the definition of abutter in the planning and zoning laws to include manufactured housing park tenants.

HB 1465, extending the New Hampshire task force on deafness and hearing loss. Public Institutions, Health and Human Services Committee. Vote 3-0. Ought to Pass, Senator McCarley for the committee.

HB 1446, relative to the recitation of the pledge of allegiance in the public schools. Education Committee. Vote 4-0. Ought to pass with amendment, Senator Johnson for the committee.

2002-3482s

04/10

Amend RSA 194:15-b as inserted by section 2 of the bill by replacing it with the following:

194:15-b New Hampshire School Patriot Act.

I. As a continuation of the policy of teaching our country’s history to the elementary and secondary pupils of this state, this section shall be known as the New Hampshire School Patriot Act.

II. A school district shall authorize a period of time during the school day for the recitation of the pledge of allegiance. Pupil participation in the recitation of the pledge of allegiance shall be voluntary.

III. Pupils not participating in the recitation of the pledge of allegiance may silently stand or remain seated but shall be required to respect the rights of those pupils electing to participate. If this paragraph shall be declared to be unconstitutional or otherwise invalid, the remaining paragraphs in this section shall not be affected, and shall continue in full force and effect.

2002-3420-EBA

06/01

Enrolled Bill Amendment to SB 187-FN

The Committee on Enrolled Bills to which was referred SB 187-FN

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

FOR THE COMMITTEE

This enrolled bill amendment makes a punctuation change and a technical correction to the bill.

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

proceedings, including but not limited to the commissioner of the department of transportation, or

Amend section 6 of the bill by replacing it with the following:

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

Senator Pignatelli moved adoption.

2002-3405-EBA

03/10

Enrolled Bill Amendment to SB 398-FN

The Committee on Enrolled Bills to which was referred SB 398-FN

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

FOR THE COMMITTEE

This enrolled bill amendment corrects a statutory reference and inserts omitted section headings.

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

as follows:

264:2 Increase in Admission Fee Authorized.

I. Notwithstanding the provisions of RSA 216-A:3-g, I, the commissioner of the department

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

2 Seacoast Science Center; Administration and Funding of Programs. 1995, 264:2 is repealed and reenacted to read as follows:

264:2 Increase in Admission Fee Authorized.

I. Notwithstanding the provisions of RSA 216-A:3-g, I, the commissioner of the department

Senator Pignatelli moved adoption.

2002-3462-EBA

06/10

Enrolled Bill Amendment to SB 446

The Committee on Enrolled Bills to which was referred SB 446

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

FOR THE COMMITTEE

This enrolled bill amendment makes certain technical changes to references in the bill.

Amend RSA 110-C:1, II as inserted by section 1 of the bill by replacing lines 11-15 with the following:

II. Any person who shall be called by the governor to active duty, pursuant to RSA 110-B:6 or RSA 111:1, as a member of the national guard or as a member of the militia shall be afforded such employment and reemployment rights, privileges, benefits, and protections in employment as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq., as though that person had been called to active duty in the service of the United States;

Amend RSA 110-C:1, III (a) as inserted by section 1 of the bill by replacing line 19 with the following:

this section must first attempt mediation through the Employer Support of the Guard and Reserve

Senator Pignatelli moved adoption.

2002-3299-EBA

05/09

Enrolled Bill Amendment to SB 320

The Committee on Enrolled Bills to which was referred SB 320

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

FOR THE COMMITTEE

This enrolled bill amendment makes a technical correction.

Amend section 6 of the bill by replacing it with the following:

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

Senator Pignatelli moved adoption.

HB 1437-FN-A, relative to increasing the staff in the consumer protection and antitrust bureau of the department of justice.

HB 1461-FN, transferring the office of emergency management to the department of safety, division of fire safety and emergency management.

HB 1469-FN, establishing a committee to study the eligibility of state employees to receive a retirement system benefit while in service, establishing a moratorium on eligibility for electing such benefit, and prospectively repealing the provision allowing state employees to receive a retirement allowance while in service.

HB 1446, relative to the recitation of the pledge of allegiance in the public schools.

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 all 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 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 Thursday, April 18, 2002 at 10:15 a.m.

HB 179-FN relative to the scope of RSA 169-B, the juvenile delinquency statute, and establishing a task force on juvenile justice service capacity.

HB 207-FN-L, increasing the state aid contribution to municipalities that expand, upgrade, or develop new wastewater treatment facilities to provide for expanded septage handling and disposal capacity.

HB 212-FN, providing an alternative method of calculating state education property tax hardship relief and authorizing the commissioner of the department of revenue administration to establish certain positions.

HB 424, establishing a committee to study the exemption from property taxes for not-for-profit hospitals.

HB 517-L, relative to supply of water by village districts.

HB 550-FN, relative to destruction of information.

HB 556-FN-A, relative to responsibilities of the department of cultural resources and the department of safety regarding building preservation and rehabilitation, and allowing the commissioner of the department of cultural resources to accept donations for purposes stipulated by the donor.

HB 559-FN, relative to the procedures for assignment of income from child or spousal support orders.

HB 560-FN-A, establishing a committee to study the retirement plan for the judiciary.

HB 581-FN, relative to the authority of the commissioner of agriculture, markets, and food to search for invasive species.

HB 617, relative to additional exceptions to junk yard regulation.

HB 718-FN, relative to renewable-energy-source electricity generation and transition service.

HB 757, establishing an early literacy and reading improvement program and making an appropriation therefor and establishing a statewide education accountability system.

HB 768-FN, relative to DNA testing of criminal offenders.

HB 1102, establishing a hazardous waste coordinator certificate program and making an appropriation therefor.

HB 1112, relative to the notice period for hearings on excavation permits.

HB 1118, relative to participation by certain judges in the state employee group health and dental insurance programs.

HB 1119-FN-L, relative to landfill closing costs reimbursed by the department of environmental services.

HB 1156, relative to the issuance of building permits on private roads.

HB 1187-FN, relative to criminal penalties for possession of a firearm in a safe school zone.

HB 1190, relative to a one-year certificate of eligibility to teach.

HB 1193-L, relative to local enforcement of junk yards and motor vehicle recycling yards.

HB 1196, enabling municipalities to adopt a property tax exemption for deaf or severely hearing impaired persons.

HB 1236-FN, establishing a committee to study the adjudication of divorces pursuant to part 2, article 76 of the New Hampshire constitution.

HB 1246, relative to the chairperson of the board of recount in school district recounts.

HB 1270-FN, making technical corrections due to the repeal of the legacies and succession tax, relative to the exception from the meals and rooms tax for gratuities, and relative to appeals for redetermination or reconsideration of assessments or demands for payment made by the department of revenue administration.

HB 1274, relative to town clerks and deputy town clerks.

HB 1281, establishing a commission to study public educational choice initiatives.

HB 1305-FN, relative to the pollution prevention program.

HB 1308, relative to checklist corrections on election day.

HB 1336-FN, permitting wine manufacturers to be issued restaurant licenses.

HB 1344-L, establishing a village plan alternative subdivision in zoning and land use planning laws.

HB 1349-FN-A, establishing a committee to study electric utility restructuring in the territory currently serviced by Connecticut Valley Electric Company.

HB 1352-FN-L, relative to establishing a hazardous duty classification in the length of service awards program.

HB 1354-FN, licensing body art practitioners.

HB 1356-FN, establishing the criminal offense of felony pursuit.

HB 1357-FN, relative to the form of drivers' licenses.

HB 1361-FN, relative to the regulation of business practices between off highway recreational vehicle manufacturers, distributors, and dealers.

HB 1372-FN, relative to certain residential care facilities.

HB 1373-FN, relative to the participation in the New Hampshire retirement system by certain school district employees.

HB 1377-FN, relative to the regulation of physical therapists.

HB 1398, relative to the vote required for issuance of bonds by the Sunapee water and sewer commission.

HB 1407, relative to the definition of abutter in planning and zoning laws, allowing planning and zoning boards to require public notice by posting signs for hearings on the property, and relative to establishing certain criteria to permit variances from zoning ordinances.

HB 1410-L, ratifying the 2001 Amherst annual town meeting, and the 2001 Pembroke town meeting.

HB 1415, relative to removing certain extensions for abatement decisions, replies and appeals in a year of property revaluation.

HB 1419-FN-A, increasing the capital appropriation made to the fish and game department for the Barry conservation camp building replacement.

HB 1423-FN, relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances.

HB 1426-FN, relative to the availability of information on the registration of certain sexual offenders.

HB 1436-FN, relative to requiring treatment for persons convicted of DWI offenses.

HB 1438-FN-A, relative to registration of health clubs.

HB 1439-FN-A, relative to an agreement between the state of New Hampshire and city of Laconia and making an appropriation therefor.

HB 1440-FN-A-L, establishing a New Hampshire local government records management improvement program and fund.

HB 1455-FN-L, establishing portability of a person's qualifying retirement funds for the purchase of permissive service credit in the New Hampshire retirement system.

HB 1456-FN, relative to information on drivers' licenses and relative to motor vehicle records.

HB 1460-FN, relative to penalties for alcohol- and drug-related offenses.

HB 1462-FN-A-L, eliminating the statewide education property tax as a source of funding adequate education.

HB 1465, extending the New Hampshire task force on deafness and hearing loss.

HB 1471-FN, establishing a committee for the design and construction of a memorial to the victims of the September 11 tragedy.

HB 1472-FN, amending the definitions, applications, and fees relating to explosives and explosive substances, and relative to background investigations and criminal records checks for applicants for private detective or security services.

HB 1473-FN-A, relative to the capital appropriation made to the department of transportation for the new garage and testing lab facility.

HB 1478-FN-A, relative to public health emergency preparation and response.

HB 1482-FN-A, re-authorizing the motor oil discharge cleanup fund established under RSA 146-F, and establishing new positions at the department of environmental services and making appropriations therefor.